Loading...
HomeMy WebLinkAbout1984/05/16 - Minutes May 16, 1984 CITY OF RANCHO CUCAMONGA CITT COUNCIL MINUTES Regular Heatin8 CALL TO OlDEl A regular meetin~ of the City Council of the City of Rancho cucamonga mec on Wednesday, M~y 16, 1984 in the Lions Park Community Center, 9161 Mse Line Road, Rencho Cuc~mor~a, The meeting was called to order at 7:37 p.m. by ~ayor Jon D. MikeIs. Present were Councilmembers: Pamela J. Wright, Charles J. Buquec II, Richard M. Dahl, Jeffrey Kirk, and Mayor Jon D. Mikels. Also present were: City Mana6er, Lsuren M. Hasserman; City Attorney, Robert Dougherty; ~unity Development Director, Jack Lam; City Planner, iLtck Gomez; City Engineer, Lloyd Hubbs; Finmnce Director, Harry Empey; and Community Services Director, Bill Rolley. ApproVal of Minutes: April 4, 1984, April 18, 1984, May 2, 1984. MOTION: Moved by Buquet, seconded by Dahl to approve the minutes of April 4. Motion carried 3-0-0-2 (Kin~ and Wright abstaining). MOTION: Moved by King, seconded by Dehl to approve the Minutes of April 18 and Hay 2. Motion carried unanimously 5-0. 2, ANNOUNCENENTS/PRESEN~ATIONS 2A. Thursday, May 17, 1984, 7:15 p,m. - PA,RK ~VISORY COMMITTEE, Lions Park Community Center, 2B. WednesdayS-May 23, 1984, 7:00 p.m. - PLANNING COMMISSION MEETING, Lions Park Comaunity Center. 2C. Tuesday, May 29, 1984, 7:30 p,m. - ADVISORY COMMISSION, Community Library meeting room. 2D. Presentation of 1984 Spring Clean Poster Contest Awards. Judges were: Shirley Dehl, Eva Ktedrowski, and Sue Sceranka. Three hundred and twenty five students submitted posters representing all the schools in the community. Senior Division Winners: First Place - Evt Aviram of Alta Loma Junior High, $50 check. Second Place - Michelle McArdle, Alta Loma Junior High, $30 check. Third Place - Brian James, Etiwanda Intermediate School, $20 check. Junior Division Winners: First Place - Steven Sanderson, Deer Canyon Elementary, $50 check. Second Place - Ryan Holllen, Floyd Stork Elementary, $30 check. Third Place - Jason Medina, Alta Loma Elementary, $20 check. 3, CONSENT CALENDAR Councilmember King requested item F removed for discussion. Mayor Mlkels requested item P removed for discussion. Cicy Council Minutes Hay 16, 198& Page 2 (1) (3) (4) 3A. Approval of Warrants, Register No's. 84-05-16 and Payroll endinS 4/30/84 for the total amount of $419,623.5A. 3B. Forward Claim (CIa4-10) against the City by Philip H. Perdue to the City Attorney and Insurance Carrier for handlin8. 3C. Approval their project Avenue. of acceptance of Final Tract No. 12320 from Barclays-Terra for located at the southeast corner of Archibald Avenue and Victoria RESOLUTION NO. 84-125 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PANCliO CUCAMONGA, CALIFORNIA, APPROVING FINAL MAP OF TRACT 12320 3D. Approval of acceptance of Real Property ImprovemenE Contract and Lien A~reement submitted by Hillside Community Church for CUP 82-29, located ac 5354 Haven Avenue. RESOLUTION NO. 84-126 A RESOLUTION OF TI~ CITY COUNCIL OF THE CITY OF RANUNO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IHPROVEM~NT CONTRACT AND LIEN AGREEMENT FROM HILLSIDE COMMUNITY CHURCH FOR CUP 82-29 AND AUTHORIZING TI~ MAYOR AND CITY CLERK TO SIGN THE SAMZ 31. Approval of acceptance of a Real Property Improvement Contract and Lien Aereement submitted by Richard and Phyllis Newton for DR 83-08, located on the north side of Foothill Boulevard, east of Grove Avenue RESOLUTION NO. 84-127 '~ RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF RANCHO CUCAMONGA. CALIFORNIA, ACCEPTING A REAL PROPERTY IHPROVI~NT CONTRACT AND LIEN AGREEMENT FROM RIC!~ AND PHYLLIS N'E'~TON FOR DEVELOI~ENT REVIEW 83-08 AND AUTHORIZING THE ~AYOR AND CLERK TO SIGN THE SANE (5) <6) <7) 3F. Approval of acceptance of Real Property Improvement Contract and Lien A~reement submitted by William and Done Barnes for a single family residence at 12715 Summit, located west of Ectwanda Avenue. (Item removed for discussion) RESOLUTION NO. 84-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVENENT CONTRACT AND LIEN AGP, BEI~ENT FROM WILLIAM AND ENDHA BARNES AND AUTHORIZING THE MAYOR ~ CITY CLERE TO SIGN THE 3G. Release of Bonds: 4th Street Storm Drain - Located on the north side of 4th Street, 2300 feet west of Etiwanda Avenue; owner, Etiwanda Investment Company (Pic-N-Save). Release Labor & Haterial Bond $176,000 3H. Approval Company to Avenue. of a Storm the City of Drain Easement Deed from Southern California Edison Rencho Cucemonga for 7th Street, west of Etiwandi City ~ouncil Minutes May 16, 1984 PaBe 3 RESOLUTION NO. 8~-129 A RISOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCNO CUCAMONCA, CALIFORNIA, AFPRDVINC A STORM DRAIN ZA,qEMENT FROM SOUTHERN CALIFORNIA EDISON COMPANY FOR 7TH STREET, HEST OF ETIHA~DA AVENUE AND AUTHORIZING THE NAYOR AND CITY CLERK TO SIGN 3I. Approval of completed plans and specifications for the Carnelian Street and Lemon Avenue. Estimated cost is recommended that the project be advertised for construction. traffic signal at $60,000. It is 3j. Approval of adoption of criteria for Lending Agencies for the 1984 Residential Mortgage Revenue Bond Program to establish the criteria which all participating lending agencies must conform to in the proposed Mortgage Bond Program. RESOLUTION NO. 84-130 A RESOLUTION ESTAaLISHING CRITERIA FOR PARTICIPATION BY LENDERS IN THE CITY OF RANCRO CUCANONGA HOME MORTGAGE FINANCE PROGRAM (8) (9) 3K. Approval of final plans and specifications for ~he Bear Gulch Place, Arrow Route & Arrow Park grading improvements and authorization to advertise for construction bids. 3L. Set public hearing for June 6, 1984 to approve Development District Amendment 83-07, Archibald Associates, from Medium Residential (8-1& du/ac) to Low Medium Residential (&-8 du/ac) for ~.5 acres of land locaced on Archibald Avenue, south of Victoria - APN 202-181-15. 3M, Sat public 'hearing for June 6, 198~ for Appeal of Planning Commission decision approving Tentative Tract 12532, Archibald Associates. 3N. Set public hearing for June 6, 198~ for Appeal of Planning Commission decision denying Conditional Use permit 8~-02, Harp. 30. Set public hearing for June 6, 198& for consideration of Development Agreemenc between Lewis Homes and the City of Rancho Cucamonga. 3P. Set public hearing for June 20, 198~ to form Landscape Maintenance District No. 5 for the open space area within Trac~ [1915-1, located at the northeast corner of Turner Avenue and 26th Street. (Item removed for discussion). RESOLUTION NO. 8~-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 5, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 84-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 5 (15) City Council MinuCes May [6, [984 Page 4 (17) (18) (19) (2o) KESOLUTION NO. 84-133 A P~SOLUTION OF THE CITY COUNCIL OF THE CITY OF PaCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO FORN LANDSCAPE MAINTENANCE DISTRICT NO. 5 PUiSUANT TO TItE LANDSCAPE AND LIGHTING ACT OF 1972 3Q. set public hearins for June 20, 1984 for Annual Assessment and preliminary approval of CICy Enstneer's Annual Report for Landscape Maintenance Discrlct No. 1. RISOLUTION NO. 84-134 A RESOLUTION OF M CITY COUNCIL OF THE CITY OF PANClIO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S ANNUAL REPORT FOR LANDSCAPE MAINT~NANCB DISTI~ICT NO. I RESOLUTION NO. 84-135 A I~SOLUTION OF THE CITY COUNCIL OF THE CITY OF KANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN L~JIDSCAPE MAINTENANCE DISTRICT NO. 1 FOR TItE FISCAL YEAR 1984-85 PURSUA/~T TO TltE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS TItERETO 3R. Set public hearing for June 20, 1984 for Annual Assessment and preliminary approval of City Ensineer's Annual Repor~ for Landscape Maintenance Distrtc~ No. 2 (Victoria). RESOLUTION NO. 84-136 · R~SOLUTION OF TItE CITY COUNCIL OF THE CITY OF PaCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF THE CITY ENGINEER'S ANNUAL REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 2 RESOLUTION NO. 84-137 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN LANDSCAPE MAINTENANCE DISTRICT NO. 2 FOR THE FISCAL YEAR 1984-85 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING A TIME AND PLACE FOR HE~aING OBJECTIONS THERETO 3S. Set public hearins for June 20, 1984 for Annual Assessment and preliminary approval of City Engineer's Repor~ for Street Lighting Maintenance Districts No. 1, 2 and 3 RESOLUTION NO. 84-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF ~ CITY ENGINEER'S REPORT FOR ST1{EET LIGHTING MAINTENANCE DISTRICT NO. 1 RESOLUTION NO. 84-139 A RESOLUTION OF M CITY COUNCIL OF THE CITY OF R/dCHO CUCANONGA, CALIFORNIA, DECIDING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. I FOR THE FISCAL YEAR 1984-85 PD1SUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972; AND OFFERING TIRE AND PLACR FOi REARING O~JSCTIONS TREI~TO City Council Minutes May 16, 1984 Page 5 RESOLUTION NO. 84-140 A RESOLUTION OF TNI CITY COUNCIL OF THE CITY OF RANClIO CUCAMONCA, CALIFORNIA, OF PRELIMINARY APPROVAL OF ~ CITY ZNCIN~ER'S REPORT FOR STREET LICHTINC MAINIINANCE DISTRICT NO. 2 RESOLUTION NO. 84-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, DECLARING ITS INTZNTION TO LZVT AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTRNANCE DISTRICT NO. 2 FOR THE FISCAL YEAR 1984-85 PURSUANT TO T~E LANDSCAPING AND LIGHTING ACT OF 1972; AND OFI~RING TIME AND PLACE FOR HEARING OBJECTIONS I'dF.~ETO RESOLUTION NO. 84-142 A RESOLUTION OF ~ CITY COUNCIL OF ~ CITY OF R~CHO CUCIdiONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF THE CITY ENGINEER'S REPORT FOR STREET LIGHTING MAINTENANCE DISTRICT NO. 3 RESOLUTION NO. 84-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF R_~CHO CUC/LMONGA, CALIFORNIA, DECIDING ITS INTENTION TO LL~ AND COLLECT ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 3 FOR THE FISCAL YEAR 1984-85 PURSUANT TO THE LANDSCAPING ~dqD LIGHTING ACT OF 1972; ~ OFFERING TIj~ AND PLACE FOR REARING OBJECTIONS THERETO MOTION: Moved ~y-Dahl, seconded by Buquet to approve the Consent Calendar with the deletion of items F and P. Motion carried unanimously 5-0. DISCUSSION OF ITEM "F": Approval of acceptance of Real Property Improvement Contract and Lien Agreement submitted by William and Donna Barnes for a single family residence at 12715 Summit, located west of Etiwanda Avenue. RESOLUTION NO. 84-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, ACCEPTING A REAL PROPERTY IMPROVE~NT CONTRACT AND LIEN AGREEMENT FROM WILLIAM AND DONA BARNES AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE SAME. Mr. Fins expressed his concern was that the lien agreement had very few guidelines for the scope of the improvements. He felt that either the conditions of approval or the development code should be incorporated into the lien agreement in order to be more specific. Then when they sign the agreement, they would have some idea as to the entire scope of what is expected of them at a later time. He felt that at some point in the future there could be some Council discussion relative to making these lien aSreements more specific. Mr. Dougherty stated that when dealing with individual property owners by law you cannot require the improvements to extend beyond the property unless you enter into a Reimbursement Agreement. The types of improvements are specified although quantities are difficult to prescribe now. He ~culd be willin~ to work with Mr. Hubbs and Councilmember Fin~ in any way to tie this down to the extent he feels It is necessary. MOTION: Moved by Dahl, seconded by Wright to approve item "F', Motion carried unanimously 5-0. (21) (22) ~ty Council Minutes May Page 6 DISCUSSION OF ITZM "P": Sat publlc heerin~ for June 20, t984 to form Landscape Maintenance District No. 5 for the open space area wlthin Tract 11915-[, located at the northeast corner of Turner Avenue and 26th Street. EESOLUTION NO. 84-131 A F~SOLUTION OF TI~ CITY COUNCIL OF THE CITY OF RANCHO CUCAMONGA, CALIFORNIA, INITIATING P~OCEEDINGS FOR T~ FORMATION OF LANDSCAPE MAINT[NANCE DISTRICT NO. 5, PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. RESOLUTION NO. 84-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCANONGA, CALIFORNIA, OF PRELIMINARY APPROVAL OF CITY ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 5. RESOLUTION NO. 84-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO CUCAMONCA, CLAIFORNIA, DECLARING ITS INTENTION TO FORM LANDSCAPE MAINTENANCE DISTRICT NO. 5 PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972. Mayor MikeIs stated that it seemed like a small departure to have an Assessment District formed with the City doing the work itself on the internal portion of the District. Normally there are Home O~uer Associations which carry the internal maintenance responsibility. Mr. Hubbs resp6nded there was a small single family subdivision on Turner and 26th Street in the North Town area -- in this case it was not the typical planned unit development that had a number of amenities that would be maintained by a Home Owners Association. The only purpose for a Home Owners Association would have been maintenance of a rather small tot lot and its almost 8uaranteed given that little incentive to maintain a Home Owners Association, they wnuld have abandoned the tot lot and would have become a nuicense and eye sore. We felt the best approach was to make it a part of the landscape maintenance district and charge it back to them so we could maintain the quality. MOTION: Moved by Mikeis, seconded by Dahl to approve Item "P". Motion carried unanimously 5-0. (23) 4. ADVERTISED PUBLIC HEARINGS 4A. FORMATION OF UNDERGROUND UTILITY DISTRICT NO. 2 - It is recommended that City Council determine that the public necessity, health, safety and welfare require the formation of UnderSround Utility District No. 2 along Archibald Avenue from Church Street to Base Line Road and adopt the attached Resolution forming said Dis~ric~. Staff report by Lloyd Hubbs, City Engineer. Mayor Mikeis opened the meetin~ for public hearing. There being no response, the public hearing was closed. City Clerk Authelet read the title of Resolution No. 84-144. City Council Minutes May 16. 1984 Page 7 ~SOLUTION NO. 8~-144 A P. ESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCliO CUCANONCA, CALIFOENIA, FOEMINt UNDERGROUND UTILITY DISTRICT NO. 2 ALONG ARCHIBALD AVENUE FROM CHURCH STREET TO BASE LIN~ ROAD MOTION: ~oved by Dehl, seconded by Buquet to adopt Pasolution No. 84-144 and waive full reading. Motion carried unanimously 5-0. (Mayor ~likals left the Council table for tha following hearing. Mayor Pro Tea Richard Dahl chaired the .hearing). 4B. ENVIRONMENTAL ASSESSMENT AND DEVELOPMENT DISTRICT AMENDMENT 84-01 - RICHWOOD - A Development District Amendment from Medium Residential (8-14 du/ac) to Low Modiom Residential (4-8 du/ac) for 16.3 acres of land, located on the south side of Arrow Highway, north side of 9th Street, between Baker Avenue and Madrote Avenue - APN 207-261-02 and 07, 207-132-01 through 37. Staff repor~ by P, lck Gomez, City Planner, ORDINANCE NO. 226 (first reading) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PANClIO CUCAHONGA, CALIFORNIA, REZONING ASSESSOR'S PARCEL NUMBERS 207-261-02 AND 07, AND 207-132-01 THROUGH 37, LOCATED ON THE SOUTH SIDE OF ARROW HIGHWAY, NORTH SIDE OF 9TH STREET, BETWEEN BAKER AND MADRONE AVENUES FRON MEDIUM RESIDENTIAL (8-14 DU/AC) TO LOW-MEDIUM RESIDENTIAL (4-8 DU/AC). Moyor Pro Tea Dehl opened the meeting [or public hearing. Addressing Council was: Alvin Musser who felt there are some problems which have developed between themselves and the city staff. He was asked to have the item continued for two weeks. There being no further public response, the public hearing was closed. MOTION: Moved by King, seconded by Buquet to continue item to June 6, 1984. Motion carried 4-0-1 (Hikels absent). -. (Mayor Mikels returned to his seat and continued to chair the meeting). 4C. APPEAL OF PLANNING COMMISSION DECISION DENYING A TIME EXTENSION FOR TENTATIVE TRACT 11781 - ROBERTS GROUP - A total residential development of 76 condominiums on 6.4 acres of land in the Medium Residential District (~-14 du/ac), located on the west side of Hermosa, approximately 330 feet north of 19th Street - APN 202-171-29 & 38. Staff report by Rick Gomez, City Planner. Mayor Mikels opened the meeting for public hearing. Addressing Council was: Tom Winfield, attorney representing the Roberrs Group. He questioned why this should be a public hearing since its normally a practice that if a developer was proceeding in 8ood faith, extensions are given. He requested that they be granted an extension for the map. But the City has wanted to move in accordance with the New Development Code. They would be willing to sign the agreement they have worked up with our City Attorney. However, they were concerned that they were not being treated like others before them since ~here were other ups requesting extensions on the same Planning Co---ission ngenda which were approved. City Council Ktnutes ~ay 16, 1984 Page B Tarry levis, 6739 Cambridge, A~ta Loma, requested the area be put back to single family homes. Dou2 Hone, ~ona and Associates, stated there were about fifty investors who were watchiq what Council would do this evening. There being no further public response, the public hearin~ was closed. Mr. Buquet expressed concern that the issue even got to this point since it was a general issue. Since the extension was a part of another project to the south which had been extended by the Plannin~ ~ission and the residents to the south already have this as a buffer and was approved some time ago and has Sons through the necessar~ approval phases, now is not the time to pull the rug on the development - it should have been done some time Mr. FinS felt that we were on trial, but not to whether P. ancho CucamonSa is willi~4 or not willins to live up to an aSreement. There was an agreement entered into which is basically of a two year duration. Extensions are not a matter of right. We are on trail, but more as a policy issue that whether Ranthe CucemonS$ is willing to live up to an agreement. He had one reaction that ~n extension was proper, but not totally sure this type of a project is the time or the manner in which a policy statement is made as to residential development within the City and as it relates to infill type of development; however, he feels that at this point in time it does come do~m to a policy issue in Carms of infill development, infill development's impaction, existinS residences, In the lenS run the policy aspect of it is overridinS in his mind in terms whether or not this is the proper time or manner to set policy. Mr. Dahl stated that it was the back piece up for extension ~hich is bounded by a flood control project, by a street, and by a freeway corridor, he could not see a compatibility of any other type of development behind the project which would be built at 19th and Hermosa. Were this the 19th and Hermosa section, he would not be favor of an extension, However, in this instance he could not support the PlanninS Commission's decision to deny the appeal althouSh he wanted to comm~nd the Planning Commission for living within the "spirit" of the 19th Street Corridor Study. He would approve the request for extension providing it includes the agreement. Ms. Wright felt we were on trial not because of whether we would live up to our agreements because by law it would not be coming to Council if we did not have the right to make another decision. The trail is whether or not the Council is going to be representative of the constituents who elected them and responsive to their needs or responsive to the developers. She felt we should not make another mistake; that we do have an option. We should use the 19th Street Corridor Study recommendations and work it into the agreement. Mayor Mikels stated he was a part of the 19th Street Corridor Study group and realized there was a lot of rethinkinS being done regarding that area. However, this map predated those considerations and is planned to be compatible with the development which will proceed to the south of it. He felt a principal is at stake and felt we should not sinSle out this project to penalize the people who invested money and have relied upon past city practices to make a point. This one case will not make or break the concepts and policies recommended by the lPth Street Corridor Study Group. MOTION: Moved by Buquet, seconded by Dahl to grant the appeal allowing the extension contingent upon the condition that the agreement be signed. Motion carried by followins vote: AYES: Buquet, Mikeis, Dahl NOES: Wright, King ABSENT: None City Council Minutes May 16, 1984, Pqe 9 4D, APPEAL OF PLANNIN~ CO~ISSION DECISION DENYING CONDITIONAL USE PERMIT 84-01 - HEST - The development of a coin-operated car wash on .45 acres of land in the General ~erciel district, located on the southeast corner of Foothill and Helms - APN 208-261-54, Mayor MikeIs opened the mee~in2 for the Appellant to speak. Addressing Council weB: Chris West, 518 W. 17th Street, ~untington bach, He stared he had studied and reviewed the proposed project and changes which would be necessary to make the project desirable to the c~unity. He needed two more weeks to accomplish his work; therefore, was requestin2 a continuance. Mayor MikeIs polled the ,Council as to chair feelings on this issue and whether or not they wanted to give Mr. Hast time for his appeal. MOTION: Moved by King, seconded by HYight to continue the matter for two months. Mayor'Mikals opened the meeting for further public input. Forrest Perry, 9180 Orange Street, was against the car wash because it will be a 24 hour operation. There will be a safety problem. He was against the appeal and the continuance. Kathy Holden did not feel any opposition, She thought it was a good project. Bryan Harden, Manager of Woolworths Garden Center, felt that Helms was a residential street with a lot of children. Without a traffic signal, it would be hazardous. Motion carried by the following vote: AYES: Wright, MikeIs, King NOES: Buquet, Dahl ABSENT: None Mr, Comez stated that this item would not have to go back through the Planning Con=mission since they have already made their decision on the CUP. MOTION: Moved by King, seconded by Wright to reconsider the original motion. MOTION: Moved by Dahl to uphold the Planning Commission's decision. For a lack of a second the motion died. MOTION: Moved by King, seconded by Wright co uphold the Planning Commission's appeal and deny the Ct~ without prejudice and waive fees as it relates to him so he can resubmit within one year. Mr. West stated chac If the appeal is denied, he hasn't even been heard on his appeal. Mr. DoUgharty stated that we should open up the public hearing again on the question of the appeal. MOTION: Moved by King, seconded by Wright co withdraw the motion prior to taking public nearing. Mayor Mikals called a recess at lO:O0 p.m. The meeting reconvened at 10:[5 p.m, wi~h all members of Council and scarf present). Mayor MikeIs opened the meeting for public hearing. There being no response, the public hearing was closed. MOTION: Moved by Dahl, seconded by Buquet to uphold the Planning ~ission's decision and deny the appeal. City Council Minutes May 16, 1984 Page 10 MOTION: ~oved by F, in~ to mend the motlot that it be denied wlthout prejudice and to 8lye the appellant slx months wlth waiver of fees and 8ire him an opportunity from today to resubmit, Motlot failed for lack of a second. MOTION: Moved by Dahl, seconded by Buquet to uphold the PlanninS decision and deny the appeal. Motion carried unanimously 5-0. Commission's (27) 4E. REVENUE SHAIING - EPA 15 - Appropriation of Entitlement Period 15 of Revenue ShetinS. Staff report by Lauren M. Wasserman, City Manager. Mr. Wssserman recommended that the Revenue Sharing go towards the Law Enforcement Contract. Mayor Mikels opened the meetin8 for public hearing. There bein8 no response, the public hearing was closed. ., MOTION: Moved by auquet, seconded by Wright that the Revenue Sharing funds be allocated to the Sheriff's Contract. Motion carried unanimously 5-0. (28) 5. NON-ADVERTISED H~INGS 5A. STATUS REPORT OF ACQUISITION OF TRAINING LEVEE FOR I~(~D CO~FrROL PURI~OSES - R.C. LAND CO. - Construction of Training Levee providing Flood Protection for Tracts 11934, 12044, 12045, and 12046. Approval is recommended of agreement with R.C. Land Co. co cover all costs involved in the condemnation of lands required for t~e Construction of a flood protection training levee. Item was continued be consensus of the Council to June 6th meeting. · **** No items submitted 6. CITY MANAGER'S STAFF REPORTS (29) (30) 7. COUNCIL BUSINESS 7A. DISCUSSION ON ITF. J4 REGAI~DING CITY COUNCIL INVOLVHR~ENT IN CO~H~UNITY - The City Council appointed a subcommitte to formulate suggestions and come back this meeting. Mr. Kin8 stated they had no firm recommendations for the Council. He saggeared it be continued. Mayor MikeIs stated it be continued to a time when he was ready to report 7B. CONSIDERATION OF HISTORICAL CO~- iON VACANCY MOTION: Moved by Dahl, seconded by ~ght to appoint Marsha Banks to fill th, vacancy on the Historical Preservation ~ission crested by the resignation ok Beverly ~hite. Motion carried unanimously 5-0. (31) 7C. DISCUSS PBI~ FOB FILLING VAC~ PLANNING CO{~{ISSION POSITION City Council Hinu~es May 16, 1984 Page 11 &CTION: Council concurred to receive applications or letters of intent by Nay 30th. To include contactiq chose already on file. If they don't respond, their useass will be dropped from the active file). Public interviews will be conducted on June 18th at 7:00 p.m. with appointments co be made on June 20th. 8 · ADJO~'I~NT HOTION: Moved by FanS, Seconded by Dahl co adjourn co a closed session, not reconvene this evenin8. Council to reconvene on Nay 24 for · meeting co discuss city goals and services. )Lotion carried unanimously Councilmember Wright suggested that a letter should be sent from the Nayor on behalf of the Council congratulating the Historical Preservation Conemission on the successful Historical Tour which they organized. Council concurred. The meeCin~ adjourned at 10:55 Respectfully submitted, Beverly A. Authelet City Clerk