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HomeMy WebLinkAbout4/1/1981 - MINUTES CITY OF PALM SPRINGS CITY COUNCIL MINUTES APRIL 1 , 1981 A Regular Meeting of the City Council was called to order by Mayor Doyle, in the Council Chamber, 3200 Tahquitz-McCallum Way, on Wednesday, April 1 , 1981 , at 7:30 p.m. ROLL CALL: Present: Councilmembers Beirich, Field, Or� ner, Rose and Mayor Doyle Absent: None (Councilwoman Ortner was excused following election of mayor and mayor pro tem) The meeting was opened with the salute to the Flag and an invocation by Rev. Trafford, Metaphysical Church. COMMUNITY REDEVELOPMENT AGENCY : No business APPROVAL OF MINUTES: It was moved by Rose, seconded by Field, and unanimously carried, that the minutes of March 18, 1981 be adopted. ELECTION OF MAYOR AND MAYOR PRO TEM Deputy City Clerk called for nominations for the office of Mayor. John F. Doyle was nominated by Robert Rose; there were no further nominations; and it was moved, seconded and unanimously carried, that John Doyle be elected Mayor. Mayor called for nominations for Mayor pro tem. Elliot Field was nominated by Vyola Ortner; there were no further nominations; and it was moved, seconded, and unanimously carried, that Elliot Field be elected Mayor pro tem. HERE COUNCILWOMAN ORTNER WAS EXCUSED FROM THE MEETING PUBLIC HEARINGS: 1 . AUTOMATIC APPEAL - DENIAL OF ARCHITECTURAL APPROVAL CASE 3.390 Mayor reported request by appellant's attorney for a further continuance to the next meeting, and inquired if anyone wished to be heard; there were no appearances ; and it was moved by Field, seconded by Beirich, and (111 ) unanimously carried, that the hearing be continued to April 15, 1981 ; Ortner absent. 2. C.U.P. 5.0146 - O.E. PHILLIPS, JR. Consideration of appeal from Planning Commission denial of conditional use permit to allow tennis court in a (78) single-family zone, with substandard setbacks, at 2070 Via Norte. Director of Community Development reviewed his report, dated April 1 , 1981 , indicating proposed and required setbacks, limited testimony before the Planning Com- mission, staff recommendation to the Commission to approve the CUP, subject to sinking the court and reducing its overall size, and Commission basis for denial , i .e. , too much being forced onto the lot and remaining area inadequate for landscape screening. 086 Council Minutes 4-1-81 Page 2 2. C.U.P. 5.0146 - O.E. PHILLIPS (Continued) Mayor declared the hearing open. O.E. Phillips, appellant, stated that he was willing to reduce the size of the court and meet all require- ments ; that he had been told the setback on Via Escuela was 20-ft and now understands 25-ft is required; that there would be 50-ft from the centerline of the street to the fence of the court; and that he has a 15-ft oleander hedge around his property. In answer to question by Council , Director of Com- (78) munity Development stated that his report reflects (78) the correct setback requirements; that the property is a reverse corner lot, which requires a 25-ft set- back on both streets, even though one is a sideyard for the property; if the tennis court is redesigned to meet required setbacks, it would not be the subject of a conditional use permit, but would be allowed by right of zone, subject to submittal of landscape plans which would require Planning Commission approval ; and that proposal offered by the appellant was not; made before the Commission. There being no further appearances, the hearing was closed. In answer to question by Council , City Attorney stated that if there is a material difference between what is presented to the Council and that which was pre- sented to the Commission, it should be referred back to the Commission for consideration. It was moved by Beirich, seconded by Rose, and unani- mously carried, Ortner absent, that this matter be returned to the Planning Commission for consideration of new offer made by the appellant. 3. AA CASE 3.396 - BERT GENSTEL APPEAL Consideration of appeal from Planning Commission denial of application by Racquet Club Homeowners Association on behalf of Bert Gerrstel , for addition to a condominium unit at 2748 North Indian Avenue. (111 ) Director of Community Development reported that the Planning Commission discussed pros and cons of incre- mental changes to condominium projects and, based on the growing number of problems arising from such approvals, the Commission denied the application; that the addition is proposed for two units in the same building, which would tend to add balance to the building; and that the Architectural Advisory Committee had recommended approval , based on fact that the change could riot be seen from Indian Avenue. In answer to question by Council , Planning Director stated that the changes cannot be seen from the street; that, in many cases, additions have had a poor end result in terms of the overall project; that additions to projects have generally been approved in the past if submitted by a homeowners' association with an attempt to look at the total property, but not on an individual owner basis; L8J Council Minutes 4-1-81 Page 3 3. AA CASE 3.396 - BERT GENSTEL APPEAL that the Commission appears to be looking for changes which would be controllable and uniform throughout a project; that the Planning Commission did not state that it was establishing a new policy of not allowing any Further individual changes to a project, however, he believed it was the reason for the denial in this instance, in that a piecemeal approach is not in line with the overall goals of the project; that the drawings presented appear to effect both ends of the building and CONT'D it is the only placed in Phase I wheresuch a change could (111 ) be made; and that the homeowners ' association has agreed with the appeal and the original application. He stated he did not believe the construction techniques proposed were appropriate to the project. Mayor declared the hearing open. Bert Genstel , 1380 Marion Way, appellant, stated that the unit is 600-700 feet back from Indian Avenue and is not seen from the street; that engineering plans showed that the addition is structurally sound; that the existing unit is constructed of block and plaster and the addition is proposed to be of matching block and plaster; that he would be willing to construct all of one material or the other; that approval would not lead to a proliferation of requests throughout the project, since there are only two such units; that the owner of the other unit desires to do the same thing, although he has not submitted a request; that the unit cannot be seen by anyone within the complex; and that he believed there have been other approvals granted city-wide to modify units. Philip Short, 149 Twin Palms Drive, stated that he has no interest in the project, but is aware that other such additions have been accomplished throughout the City; that the homeowners ' association and the Archi- tectural Advisory Committee approved the project, and urged that the Council approve it; and that if there is to be a procedural change, it should be spelled. out in an ordinance, so everyone will know what are the parameters. There being no further appearances, Mayor declared the hearing closed. Councilman Rose stated that he felt the Planning Commission had made a subjective decision without stating whether it would allow such changes in the future, making it difficult for others to decide how the issue should be approached in the future; that he he would agree to a policy of allowing changes if the Architectural Advisory Committee feels it would not be detrimental to the overall project and it could only be seen from the inside of the complex; and that that he believes a policy needs to be established one way or another. Mayor stated that if the Council is going to be subjected to such appeals, it should let the Planning Commission know its viewpoint and suggested that the policy issue be a subject of a future joint Council-Commission study session; and that regarding the subject appeal , he would support approval , given the circumstances that the applicant has indicated that it will conform to existing architecture and that it cannot be seen from the street. Council Minutes 4-1-81 Page 4 3. AA CASE 3.396 - BERT GENSTEL APPEAL Director of Community Development stated that the Commission has not made any policy that it would not approve such changes; that it may be coming to the CONT'D realization that approvals tend to encourage further (111 ) approvals ; that it has seen over the years where installations have been made which tends to make the project less than what it was before in terms of aesthetics; and that he believes it has subjectively considered each case. Councilman Beirich stated that the number of appeals coming before the Council in the past few months suggests that some policy needs to be made and a decision as to what an applicant can or cannot do:, that it appears to be nitpicking without looking at realities; and he was prepared to overrule the Planning Commission provided that architectural considerations are worked out at the staff or Architectural Committee level as is appropriate. It was moved by Beirich, seconded by Rose, and unani- mously carried, Ortner absent, that the Planning Com- mission denial be overruled, and the addition be approved subject to architectural review and approval . 4. ZONING TEXT AMENDMENT - ROOF-MOUNTED EVAPORATIVE COOLERS AND SOLAR COLLECTORS. Recommendation : That the Council amend the Zoning Ordinance to incorporate provisions for roof-mounted evaporative cooling and solar collectors . Building & Safety Director/Energy Coordinator high- lighted his report, dated April 1 , 1981 , which was (103) reviewed in detail at the last study session, noting that with regard to unusually large homes, the burden of proof will be on an architect to prove why evapora- tive cooling should riot be used. Mayor declared the hearing open. Ken McCrary, 1243 Bogie Road, explained how evaporative cooling equipment which he sells operates, and stated opinion that it is adaptable to existing duct work in most homes, and readily adaptable to mobilehomes. Percy Aucoin, on behalf of P.S. View Estates, urged that the ordinance apply to mobilehomes, stating that many mobilehome owners live on fixed income and cannot afford to have to wait until after summer before a process would be completed to allow evaporative coolers on mobilehomes. Russ Gordon, Manager of E1 Dorado Mobile Country Club, stated that there are alternatives to roof-mounting of evaporative coolers, and those should be used instead. Council Minutes 4-1-81 Page 5 4 . ZONING TEXT AMENDMENT (Continued) Betty Beadling, 775 Plaza Amigo, member of Chamber of Commerce Energy Committee, stated that the committee supports not requiring screening of the equipment, since it would increase the cost which would discourage the average homeowner from installing the equipment; and that there are other ways of installing the equip- ment, other than on the roof, and it should only be on the roof if there is no other alternative on a case-- by-case basis. Ron Glasso, Lake Elsinore, stated that he manufactures. fiberglass evaporative coolers, and suggested that con- sideration be given to only allowing plastic or fiber- glass, rather than products which might rust and become unsightly; that larger duct-work is required for evapora- CONT'D tive coolers as compared to air-conditioning because (103) of the higher amount of cubic feet of air per minute pumped by the evaporative cooler; that existing duct work could be utilized, if a larger duct were added to it; and that roof-mounted systems are the most economical . Carol McKonnig, Venetia Road, stated that she has had a successful experience of adapting evaporative cooling to existing air-conditioning duct work. There being no further appearances, Mayor declared the hearing closed. In answer to questions by Council Building & Safety Director stated that ordinance applies to buildings in residential zones; that mobilehomes are in resi- dential zones; that it was the intent of the Planning Commission and drafter of the ordinance, that mobile- homes would be included; that any kind of evaporative cooler may be used; that such equipment could be mounted at ground level , if all requirements are met; that he would have concerns about recommending any particular product; that a cost analysis would need to be done to determine whether duct work for evaporative cooling should be accomplished at the outset of construction, and such analysis must be done on the basis of the building code and not the zoning ordinance; and that screening will not be required. City Manager noted that the ordinance was not intended to apply to existing or future CCRs which might prohibit such equipment. Councilman Rose stated that he was pleased with the ordinance and considered it a big step forward; and that he would support enactment of the ordinance, with the thought thatit could be amended in the future if there is some uniformity of opinion as to installation of appropriate duct work at the outset of construction. Councilman Field stated that the community has had a great regard for its aesthetics, and some in the community may be affected by the ordinance, however, the gravity of the matter is most important. Council Minutes 4-1-81 Page 6 4. ZONING TEXT AMENDMENT (Continued) City Attorney suggested that proposed ordinance tie amended to clarify language with regard to mobilehomes, as follows: "Section 9303.00 C. Buildings or structures, includingCONT'D but not limited to, mobilehomes erected in (103) City Manager read title of the Ordinance as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING SECTION 9303.00 OF THE ZONING ORDINANCE TO ALLOW ROOF MOUNTED EQUIP- MENT IN RESIDENTIAL ZONES. It was moved by Field, seconded by Rose, and unanimously carried, Ortner absent, that further reading be waived, that the ordinance be amended as above noted, and that the ordinance, as amended, be introduced for first reading. 5. STREET VACATION - BIRDIE WAY On March 4, 1981 , Council declared intent to vacate portion of Birdie Way, south of Waverly Drive, and set this as time and place for hearing. Mayor declared the hearing open. (145) Jack Newville, Engineering Services, 71573 Highway 111 , Rancho Mirage, stated that he was available to answer any questions. There being no further appearances, Mayor declared the hearing closed. Resolution 13751 , ordering the vacation, was presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried, Ortner absent, that Resolution 13751 be adopted. 6. STREET VACATION - JACARANDA ROAD On March 4, 1981 , Council declared intent to vacate portion of Jacaranda Road, southwest of Araby Drive, and set this as time and place for hearing. Mayor declared the hearing open; there being no appear- ances the hearing was closed. (145) Resolution 13752, ordering the vacation, was presented; after which, it was moved by Field, seconded by Beirich, and unanimously carried, Ortner absent, that Resolution 13752 be adopted. 08 Council Minutes 4-1-81 Page 7 7. GENERAL PLAN AMENDMENT - MASTER PLAN OF SEWERS Recommendation : That the Council approve amendment to the Master Plan of Sewers, to change direction of flow in portion of Andreas Road, and add 8-inch line in portion of Calle Alvarado. Director of Community Development reviewed his report, dated April 1 , 1981 , noting that the change will eliminate (101 ) a complicated procedure of moving the sewer facilities around a drainage facility at Sunrise Way. Mayor declared the hearing open; there being no appear- ances, the hearing was closed. Resolution 13753, approving the amendment, was presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried, Ortner absent, that Resolution 13753 be adopted. PUBLIC COMMENTS: a) Philip Short, 149 Twin Palms, stated opinion that people in the community are not happy with the police service because there are not enough officers, and offered suggestions for enhancing police protection, e.g. , citizen patrols, police districts within condo- minium projects. b) Assessment District 137: The following persons expressed concerns regarding improvements proposed in North Riverside Drive: Anna Williams, 747 S. Camino Real , relative to potential (56) increase in traffic on alleyway north of Riverside Drive. Alice Fox, 820 San Lucas Road, and Flo Klaasen, 1027 San Lucas Road, each commented on potential increase of traffic on San Lucas Road. John Lasso, 971 San Lucas, questioned how people on adjoining streets receive notice that such improve- ments are proposed. 8. COMMUNITY SERVICES COMMISSION - CONSUMER PROTECTION ROLE Consideration of recommendation to expand role of the Community Services Commission to include responsibility for policy review of proposed consumer affairs legislation having a significant local impact. Request by two (60) Councilmembers to be in attendance when item is discussed. Councilman Beirich requested that when the matter is brought back to the Council , that he would like a delineation of what is meant by consumer affairs legisla- tion and significant impact. It was moved by Rose, seconded by Field, and unanimously carried, Ortner absent, that this matter be continued to May 6, 1981 . Council Minutes 4-1-81 Page 8 9. ASSESSMENT DISTRICT PROCEEDINGS - SPECIAL LEGAL COUNSEL Recommendation: That the Council approve agreements with Brown & Nazarek and with Best, Best & Krieger, for special legal counsel in connection with assessment district proceedings. In answer to question by Council , City Manager stated (56) that staff determination of which firm to utilize will be made within limits of purchasing ordinance for con- tracts for professional services. Minute Order 2921 , approving agreements as recommended, was presented; after which, it was moved by Beirich, seconded by Rose, and unanimously carried, Ortner absent, that Minute Order 2921 be adopted. 10. WIND ENERGY ASSESSMENT GRANT Recommendation : That the Council endorse submittal of $50,000 grant application, in conjunction with AeroVironment Inc. , under Appropriate Energy Technology Small Grants Program, to fund a wind energy assessment for the City. Subject discussed in detail at last study session. (52) Building & Safety Director stated that concern was raised at the study session relative to legality of installing the anemometers , and that he had provided copies of the ordinance code to Council which deals with antennae at municipal facilities for public: health and welfare. He stated that he believes gathering data necessary will be in the best interest of the public. Minute Order 2922, endorsing application submittal , was presented; after which, it was moved by Field, seconded by Beirich, and unanimously carried, Ortner absent, that Minute Order 2922 be adopted. 11 . COMMUNITY SERVICES AWARD PROGRAM Minute Order 2923, approving the establishment of a Community Service Award Program, was presented; after which, it was moved by Rose, seconded by Beirich, and ((114) unanimously carried, Ortner absent, that, Minute Order 2923 be adopted. 12. ENERGY MANAGEMENT SYSTEM Recommendation: That the Council approve an energy study by Pacific Energy Management, at no cost to the City. (52) Assistant to Director of Community Development stated that the firm offers services and research whiclh others do not, and that a recommendation for equipment should be back to the Council in May. Minute Order 2924, approving the study, was presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, Ortner absent, that Minute Order 2924 be adopted. 09 Council Minutes 4-1-81 Page 9 13. C.U.P. CASE 5.0152 - T. SHOEMAKER FOR W.T. DEVELOPMENT CO. On March 18, 1981 , Council requested that it review conditional use permit approved by the Planning Com- mission for a nightclub use in an existing building (78) on a 12-acre shopping center site (formerly Cameron Center on South Palm Canyon Drive) . Councilman Rose stated when Council considers the subject he wished his concerns known, i .e. , ,the policy or lack of policy about allowing such uses near neighborhoods, citing Clarkston's as an example, recognizing that it did not fully equate to the subject application, but in which case the request was denied even though the use would have been fully screened from the neighbors and in this instance, the neighbors are quite close, yet the Commission approved the use. Councilman Beirich stated that he would like some analysis to the degree possible relative to intensii`ica- tion of use when the property had a supermarket on it compared to that anticipated for the subject use, in terms of traffic, people, noise. It was moved by Beirich, seconded by Field, and unanimously carried, Ortner absent, that this matter be set for hearing on April 15, 1981 . 14. WASTE DISPOSAL SERVICES CONTRACT AMENDMENT Consideration of amending Waste Disposal Services contract relative to rates. Subject discussed in detail at the (148) last study session. Transportation Director reviewed recommended changes in the contract, as detailed in his report of April 1 , 1981 , including a rate increase in residential and commercial rates, limited franchise fee paid to the City, and eight other changes including an addi - tional option for the period beginning October 1 , 1987 through September 30, 1992. City Manager stated that the letter from the contractor, dated March, 27, 1981 , does not constitute legal significance in terms of the contract before the Council . Councilman Rose stated that the issue has been studied in great depth by the Council and the options available for the least onerous from the standpoint of the City and the taxpayers; that to some extent, discussions last year acknowledge certain costs which were due to the company, which the proposed changes would forgive, which appears to be the best possible solution; that he accepts the City Attorney's opinion regarding late charges, although feels the option clause has no legal significance; and that if people want to continue to receive twice a week, backyard pickup service, this is a fair rate to pay and a fair profit for the company. Resolution 13754, amending the rate schedules, and Resolution 13755 , approving the contract amendment, were presented; after which, it was moved by Beirich, seconded by Field, and unanimously carried, Ortner absent, that Resolutions 13754 and 13755 be adopted. 02 Council Minutes 4-1-81 Page 10 15. SIGN ORDINANCE AMENDMENT - GASOLINE RATE SIGNS (Introduced 3-18-81) City Manager read title of Ordinance 1136, as follows : AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, AMENDING THE SIGN ORDINANCE; ESTABLISHING EXEMPTION OF SCENIC CORRIDORS FROM REQUIREMENT OF POSTING GASOLINE PRICE SIGNS. Councilman Rose stated he understood the philosophy of allowing those service stations to post rates who wish to do so, in the expectation that ,not all would post the signs, however, he felt there was not that much difference between some stations and all of the stations, that if the requirement were mandatory it would not change the character of the City; that he did not think visitors would know that all stations are or are not posting signs; that he has not heard anyone say that it is inappropriate or not in the best interest of the City to have signs in the community; that he believes gas rate signs throughout the com- (in) munity will produce lower rates; that he believes it would not be detrimental to the City to substitute Ordinance. "B" presented by the City Attorney at: the last meeting for the ordinance proposed; and that he believes that the Council should give people what they want where it is within reason to do so. Councilman Beirich stated that: he has had a lot of contact with citizens, most of whom favor the approach taken by the Council ; that he is comfortable with the fact that people in favor of allowing the signs came to the hearing, but those against did not necessarily do so; that he is not convinced that posting the signs will lower gasoline prices, but only provide informa- tion; and that the market place may result in all stations posting signs. Councilman Field stated that he was comfortable with the decision made, particularly, recognizing that there were people who attended the hearing and said they, did not want the signs and one said -that it would not alter prices. Mayor stated his concurrence with Councilman Beirich's statement. It was moved by_ Beirich, seconded by Field, and unanimously carried, Ortner absent, that further reading be.waived. It was moved by Beirich, seconded by Field, and carried by the following vote, that Ordinance 1136 be adopted: . AYES: Beirich, ,Field & Doyle NO: Rose ABSENT: Ortner Council Minutes 4-1-81 Page 11 16. ZONING TEXT AMENDMENT - TIME SHARE (Introduced 3-18-81 ) City Manager read title of Ordinance 1137, as follows: AN ORDINANCE OF THE CITY OF PALM SPRINGS, (103) CALIFORNIA, ESTABLISHING ZONING REGULATIONS RELATING TO THE USE OR OCCUPANCY OF LAND ON A "TIME-SHARE" BASIS. It was moved by Beirich, seconded by Rose, and unanimously carried, Ortner absent, that further reading be waived and that Ordinance 1137 be adopted. 17. SEWER CONNECTION FEES - INCREASE Recommendation : That the Council approve increases in sewer connection fees. Assistant to Director of Community Development sta.Led (128) that, as previously reported to the Council , sewer connection fees must be increased from time to time in order to reflect increased sewer plant and system construction costs ; and that allocation of growth related improvements and interest expense during construction may result in future adjustments. In answer to question by Council , Assistant City Manager stated that interest during construction will be about $4 million; and that the non-profit corporation would be earning about $2 million, resulting in a net interest cost during construction of about $2 million. Resolution 13756, increasing fees as recommended, was presented; after which, it was moved by Rose, seconded by Beirich, and unanimously carried, Ortner absent, that Resolution 13756 be adopted. CONSENT AGENDA: 18. Resolution 13757 approving one-year time extension for Tenative Tract Map 15827 for property on the north side (137) of East Palm Canyon Drive, between Seven Lakes Drive and Cherokee Way - Hallmark/Palm Canyon Associates, 207 units. 19. Resolution 13758 amending the Allocated Positions and (61 ) Compensation Plan to add Housing & Redevelopment Specialist. 20. Resolution 13759, 13760, 13761 and 13762 adopting proposed boundary map, declaring intent to form assessment district, (56) passing on Engineer's Report and setting hearing thereon, and referencing wage scale and directing call for construction bids, all in connection with proposed installation of sewers and house laterals in Crestview Drive, Mesa Drive and E1 Portal in the Mesa Tract. (A.D. 135) 21 . Resolution 13763 approving Final Parcel Map 16709 to resubdivide property on the SW corner of North Palm Canyon (119) and Merito Place - Webb/P.S. Assoc. 22. Resolution 13764 aoproving filing application for the 1980 State Park Bond funds. (109) 23. Resolution 13765 declaring intent to vacate Juarez Avenue, a 210 ft. street extending easterly from Rose Avenue, (145) and set hearing thereon for May 6, 1981 . 911 Council Minutes 4-1-81 Page 12 24. Minute Order 2925 ordering the Building & Safety Director (57) to immediately abate abandoned building at 1580 North Indian Avenue, posted as public nuisance. 25. Minute Order 2926 awarding purchase of 55 single trunk (109) trees to Neel 's Nursery, Inc. , in amount of $7;870.50. 26. Minute Order 2927 awarding purchase of 2 front-wheel drive (84) automobiles to Mac Magruder Chevrolet, only bidder, in amount of $16,446.78. 27. Resolution 13766 amending the budget to appropriate $49,000 (61 ) to Park Maintenance activities to meet unbudgeted expense due to utility rate increase, vandalism, and palm tree trimming. 28. Resolution 13767 and 13768 approving two amendments to (61) the Allocated Positions and Compensation Plan to add position of Chief Public Works Inspector, Zoning Enforcement Officer I and Zoning Enforcement Officer II. 29. Minute oraer2928 approving assignment.by Consolidated (51 ) Leasing Corporation .of Airport Concession and Lease Agreements (Nos. 667 and 674) to National Car Rental System, Inc. , and assumption by National of all duties and obliga- tions of said agreements. 30. Resolution 13769 and 13770 approving payment of (Payroll (8611 Warrants and Claims & Demands. It was moved by Beirich, seconded by Rose, and unanimously carried, Ortner absent, that Resolutions 13757 through 13770 and Minute Orders 2925 through 2928 be adopted. 31 . PALM HILLS DETACHMENT Due to errors in exhibits provided by LAFCO relative to proposed detachment of a portion of Palm Hills (54) (Warren Coble, Cathedral Canyon West, Inc. ,) recommended that matter be tabled pending correction of same. It was moved by Beirich, seconded by Field, and unanimously carried, Ortner absent,, that-this matter ,be tabled. 32. ASSESSMENT DISTRICT 137 Consideration of determining sufficiency of petition and authorizing preparation of plans andspecs for (56) certain improvements in North Riverside Drive. Mayor stated that he has concerns about using this type of improvement to address traffic problems, and that he would like to to refer this matter to the Planning Commission to address other mitigating measures which might be more appropriate, e.g. , stop signs, increased traffic enforcement; different turning movements. Councilman Beirich stated that it is an unusual situa- tion in the sense that it may only be shifting the problem from one street to another, and perhaps the area of the district was too small . City Manager stated that there is a distinction between those willing to pay for the project and those who might have an interest in the project; and perhaps it would be appropriate to direct the Planning Commission to advise staff to do some type of notification procedure to people outside of an assessment district of the improvements being proposed, not for participation, but for information purposes. Council Minutes 4-1-81 Page 13 32. ASSESSMENT DISTRICT 137 (Continued) It was moved by Rose, seconded by Field, and unanimously carried, Ortner absent, that this matter be referred CONT'D to the Planning Commission to address alternative approaches (56) to solving the problem, and to look at notification processes if same is appropriate. REPORTS & REQUESTS: 33. DEPARTMENTAL REPORTS - Received & Ordered Filed a) Treasurer's Monthly - January, 1981 b) Fire Dept - 1980 Annual Report 34. CITY COUNCIL reports or requests a) Councilman Beirich stated that relative to project being discussed by the DDAC on April 3, 1981 , developer should be aware that it is a potential planning issue more than a redevelopment issue and there needs to be some focus on environmental considera- tions at least in terms of traffic; that when the project first came to the Council , there was discussion about eminent domain and sewer connection, however, in light of discussions about future financing of the City and sewer plant capacity, he would hope the developer no longer had assumptions in those regards, and that there was no implicit guarantee that the Council would look at those areas; that such avenues appear less attractive as something which could be rationalized or justified in terms of that kind of expenditure. City Manager stated that the request and resolution by the Council was that it would discuss the issue of participation, which would have to be justified on a cost benefit analysis, which has not been done; and that regarding sewer connection, hotels are allowed to connect to the plant. 35. PUBLIC reports or requests - None 36. STAFF reports or requests - None ADJOURNMENT There being no further business at 10:20 p.m. , Mayor declared the meeting adjourned. NORMAN R. KING City Clerk L_--&Y: JUDITH SUMICH Deputy City Clerk