HomeMy WebLinkAboutMin 08-16-95284
MINUTES OF THE CITY COUNCIL
OF THE CITY OF UKIAH - August 16, 1995
The City Council convened in a regular meeting, of which the agenda
was legally noticed and posted, at 6:34 p.m. Roll was taken and the
following Councilmembers were present: Mastin, Malone, Shoemaker and
Mayor Schneiter. Mayor Schneiter noted Councilmember Wattenburger
called and stated he will be a little late. Staff present; City
Clerk McKay, City Attorney Rapport, Assistant City Manager Horsley,
Planning Director Sawyer, Senior Planner Stump, City Engineer/Public
Works Director Kennedy, Assistant to the City Manager Harris, and
Assistant Redevelopment Director DeKnoblough.
Mayor Schneiter announced that an urgent item of business has arisen
since the posting of the agenda and requested Council to take
necessary action to add an urgency item of business to Closed
Session.
M/S Shoemaker/Mastin to add this matter of urgent business as an
additional closed session item regarding a personnel matter
concerning the City Manager. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, Shoemaker and
Mayor Schneiter. NOES: None. Absent: Councilmember Wattenburger.
Councilmember Wattenburger arrived at 6:37 p.m.
2. Invocation/Pledge of Allegiance
Mayor Schneiter delivered the Invocation and Councilmember Malone led
the Pledge of Allegiance.
Approval/Correction of Minutes
3a. Regular Meeting of August 2, 1995
M/S Malone/Shoemaker to approve the minutes of the regular meeting of
August 2, 1995, as submitted. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
4. RIGHT TO APPEAL DECISION
Mayor Schneiter reviewed Government Code Section 1094.6 of the
California Code of Civil Procedures regarding the appeal process.
CONSENT CALENDAR
Councilmember Shoemaker pulled Consent Calendar Item 5d. Authorize
Staff to Award Contracts to Metamorphosis Hydroseeding Inc.~ in the
Amount of $12~250: and to California Conservation Corps (CCC) in
the Amount of $10,000 For Erosion Control Measures at the Ukiab
~ To New Business Item 9d.
M/S Shoemaker/Malone to approve the Consent Calendar as follows;
5a. Received and accepted report of June and July Disbursements.
5b. Denied claims for damages received from Carol Jean Abad; Ronald
Cordell; Sandra Porter; and referred them to the City Insurance
Carrier, REMIF
5c. Awarded Bid for Six 15KVA Transformers to General Electric in
the amount of $5,654.58; three 25KVA to Central Maloney, Inc. for
$4,913.13; one 150KVA and one 300KVA transformers to Western States
Electric for $5,992.06 and $8,117.75, respectively.
5e. Award Unit Price Contract to Reuser, Inc. for wood and yardwaste
removal at Ukiah Solid Waste Disposal Site at $3.75/Cubic Yard and
authorized the City Manager to execute letter of agreement.
5f. Approved work as complete by Donald R. Ferranti Construction
for construction of Sidewalk, Curb and Gutter, Valley Gutters, and
Handicap Ramp Construction at various locations in the City,
Reg. Mtg.
August 16, 1995
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Specification No. 95-04, funded from account nos. 2106-9632-250,
2106-9631-250, 800-3728-250, 300-9631-250, 800-3646-250, and
authorized the City Clerk to File Notice of Completion.
The motion was carried by the following roll call vote: AYES:
Councilmembers Mastin, Malone, Wattenburger, Shoemaker and Mayor
Schneiter. NOES: None.
6. AUDIENCE COMMENTS ON NON-AGENDA ITEMS
No one came forward.
UNFINISHED BUSINESS
Sa. Adoption of Resolution Approving Non-Profit Community Funding
Appropriations
Mayor Schneiter and Councilmember Malone explained their sub-
committee review of the applications and reasoning for their
recommendations to Council.
M/S Wattenburger/Shoemaker adopted Resolution No. 96-9, authorizing
1995-96 grant funding for community based non-profit organizations,
for a total funding amount of $28,500. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
Mayor Schneiter reported Item 8b. Receive and Accept Investment
Report Regarding City Investment Portfolio from Chandler Liquid Asset
Management Inc, will be considered later in the evening.
8c. Report regarding Feasibility Study and Engineering Services for
Establishing a 200 foot Corridor Between the City of Ukiah sewer
Ponds and the Russian River
The Public Utility Director reported there was a previous proposal
submitted to Council by the Russian River Coastal Conservancy to
widen the Russian River by 200 feet. He requested the work be
included as an enhancement to a solution and repair of the pond
damage sustained in the flooding of winter 1995/96 rains. Council
directed staff at that time to obtain a cost estimate for this work,
in conjunction with other engineering work being conducted by Rau
and Associates. He reported that Rau and Associates have proposed an
additional cost of $12,000 to $15,000 for this additional feasibility
study/engineering services for establishing a 200 foot corridor
between the city sewer ponds and the Russian River, for a total
combined cost to be between $30,000 and $37,000.
Discussion ensued regarding the proposal submitted by Rau and
Associates, possible reimbursement from FEMA is unknown at this time,
repair time frames by this upcoming winter required by Water Quality
Control Board.
The Public Utility Director reported that Rau and Associates has been
sensitive to the design of the slopes of the river banks, and feels
the initial design will be adequate without having to move the
percolation ponds. He indicated we will soon have a cost estimate to
obtain reimbursable amounts from FEMA.
Councilmember Shoemaker requested staff to forward this figure to
Council as soon as possible.
M/S Shoemaker/Wattenburger to move forward with this feasibility
study to estimate a 200 foot corridor without actually doing a
design, to be completed as soon as possible.
The City Attorney noted wording needed for clarification in the
motion pertaining to an agreement with Rau minus drawings and need
authorization to sign.
Reg. Mtg.
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Amended Motion by Shoemaker for staff to execute an agreement with
Rau and Associates to conduct this study minus the drawings. The
amendment to the motion was approved by Councilmember Wattenburger,
the maker of the second to the motion.
Sd. Nominations to Fill Three Cultural Arts Advisory Board Public
Members and One Airport Commissioner with Only One Application
Received, Adoption of Resolution Confirming Appointments, and
Authorize Readvertisement of Vacancies
Councilmember Shoemaker nominated Beth Campbell to fill one public
member vacancy on the Cultural Arts Advisory Board with Councilmember
Wattenburger seconding the nomination. The nomination was confirmed
with a unanimous voice vote of all AYE.
M/S Shoemaker/Malone to adopt Resolution No. 96-10 appointing Beth
Campbell to a three year term as a public member representative on
the Cultural Arts Advisory Board. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None.
PUBLIC HEARING - 7:00 p.m.
7a. Airport Industrial Park (AIP) Final Environmental Impact Report,
Prepared for the AIP Planned Development Ordinance Amendments, AIP
Buildout, Mendocino Brewing Company Site Development Permit, and
Redwood Business Park Tentative Subdivision Map Extension Request.
The Airport Industrial Park (AIP) Is Situated Between Highway 101 on
the East and the California Railroad on the West, and Between Talmage
Road on the North and the Intersection of Highway 101 and the
Railroad Tracks to the South
Mayor Schneiter polled the Council as to whom had viewed the site and
all Councilmembers indicated they have viewed the site.
The Senior Planner reported on the public hearings conducted by the
Planning Commission on August 9, 1995 regarding the Airport
Industrial Park Environmental Impact Report, Mendocino Brewing
Company (MBC) Site development Permit application and the Friedman
Brothers Hardware, Inc., Use Permit application. He presented the
staff report concerning the project descriptions, summary of issues,
and the environmental analysis contained in the EIR and associated
projects.
Leonard Charles, Environmental Impact Report Consultant, reported on
the EIR and the impacts regarding the development of raw land and
recommended mitigations. He explained mitigation would be less than
adequate regarding the extension of Airport Road south of the
airport, pertaining to the noise and community character on Norgard
Lane, and the process involved for mitigations.
Council queried staff regarding a southern access for public safety
reasons, percent buildout of the park and time frames, and the
existing zoning ordinance land use designations is what this EIR
addresses.
Open Public Hearing - 7:21 p.m.
Frank Basik, Mr. Akerstrom's attorney, addressed the technical
mitigations and understands the ordinance amendments will not be
addressed tonight. He reviewed the history of the development of this
business park. He indicated they are in agreement with the EIR
consultant that the EIR is adequate and addresses impacts with full
disclosure, and urges Council to approve/certify.
Gary Akerstrom, investor in the Redwood Business Park, EIR and AIP
planned developments and Walmart. He reviewed the history of the park
development's EIR. He explained that some of the traffic assumptions
in this EIR are different than Walmart and feels they are not
correct. He stated he did a traffic study in April that shows the
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City traffic study is 38% too high. He showed overheads which
explained how to conduct a traffic analysis process involving land
coverage, by his analysis. He stated he would be willing to sit down
with The City Engineer and work out what is considered reasonable
traffic volumes and then pay his fair share for mitigations.
Council queried staff regarding Mr. Akerstrom ' s figures and
reasoning.
The City Attorney advised that Council has hired experts which you
rely on, which may conflict with the applicant's opinions as to what
is reasonable.
Eric Larson, 123 Clara, member of Planning Commission, he requested
a correction to the draft minutes of the Planning Commission.
The City Attorney indicated he could only offer clarification, as the
full Planning Commission must take action on it's minutes.
Mr. Larson clarified some wording in the draft Planning Commission
minutes.
No others came forward.
Closed Public Hearing - 7:51 p.m.
Council queried staff regarding mitigations and the process for
making findings.
The City Attorney advised that the EIR is a snapshot in time of what
is projected to occur from each project. He noted it could change
for each projects traffic. He noted public comments are submitted
during a previous review period where the issues may be addressed by
experts prior to submittal of the draft EIR to Council.
Mr. Charles stated that the traffic analysis was conducted by Crane
Engineering Services who are experts in traffic analysis for EIR's,
and were aware that the applicant is an engineer who would scrutinize
their figures. Traffic projections vary for types of land use, not
coverage, and the consultants knew the applicant felt the projections
were different. He reported the levels of service projected in the
EIR may never occur as they are worse case scenarios to provide for
future possible needs. He referred to Marin and Sonoma at peak hours
when traffic systems break down, and that is what traffic engineers
try to plan for, so as to avoid this in the future. He indicated that
traffic analysis is a very complex process.
Council queried Mr. Charles and city staff regarding southerly
routes, the Airport Master plan recommendation for not extending the
runway, southerly Airport thresholds, police and fire mitigations
will be addressed at budget time of each year, and future sales tax
may or may not be enough to mitigate these impacts.
The City Attorney advised Council regarding mitigations for each
project. The EIR identifies impacts and recommends possible
mitigations.
Council further queried staff regarding cumulative impacts, total
buildout projections for wastewater treatment capacity, the use of
the AB1600 process, the EIR uses the old general plan, as the new
general plan had not yet been finalized when the applicant had
applied, Council's concern about fill and preservation of the native
Oaks, and noise measurements.
M/S Malone/Wattenburger to adopt Resolution No. 96-11, making
findings pursuant to Public Resources Code Section 21081 and
California Environmental Quality Act (CEQA) Guidelines Section 15091
supporting the certification of the subsequent environmental impact
report prepared for the Airport Industrial Park (AIP) Planned
Development Ordinance amendments, AIP buildout, redwood business park
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tentative map extension, and the Mendocino Brewing Company Site
Development Projects. The motion was carried by the following roll
call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None.
Councilmember Shoemaker stated the approval of this EIR does not
necessarily obligate the next items of business.
Recess - 8:30 p.m.
Reconvened - 8:37 p.m.
?b. Site Development Permit Application No. 95-19, as Filed by the
Mendocino Brewing Company, to Allow Construction of a 57,357 Square
Foot Beer Brewing, Bottling, and Packaging Plant on the Southern
Portion of the Airport Industrial Park, on Property Zoned Planned
Development (PD), Assessor,s Parcel No. 180-110-01
The Senior Planner reported on the proposed project which is located
south of the Redwood Business Park, within the Airport Industrial
park.
Public Hearing Opened - 8:43 p.m.
Victor Lopes, 266 Eastside Road Ukiah, Architect for this project
described the site plans and architect renderings which show adobe
type remnant walls. He informed Council regarding the tree
preservation efforts, and a higher than expected flood elevations He
indicated this project's proposed completion date is May 1, 1996.
Michael Layborn, CEO for Mendocino Brewing Company, stated that his
discussions and meetings with the City planning staff during the past
year, is to be commended.
Granville Pool, stated it is exciting to see a project with great
professionalism. He indicated the aesthetics will be wonderful to see
from the Highway.
Public Hearing Closed - 8:48 p.m.
Council queried staff regarding the access to this project via
Airport Road instead of the Airport Park Boulevard main access.
The Senior Planner answered that this road is temporary until
completion and buildout of the AIP, when Airport Park Boulevard
will be primary access.
Discussion ensued regarding City street development standards.
Councilmember Wattenburger expressed concern regarding the length of
time being an unknown for temporary access, and he has problems with
the fact that the City is establishing road standards for this
project which would be different than what we would require from a
private development. He feels we should not be different because we
are the City.
Councilmember Shoemaker concurred, as he is concerned about no time
frames for the development of park access and road standards. We
should insist on same development standards as we request from
others regardless of whether we are the project managers.
Councilmember Mastin noted he is also concerned about other
development occurring.
The Planning Director stated this service road will only serve the
Brewery and any other development will have to access through the
other areas via Airport Park Boulevard.
The Assistant Redevelopment Director stated there are two options for
this road, one is to develop Airport Park Blvd. now, with shared
costs for its development, or maintain the road until negotiations
finalized with adjacent property owners.
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Councilmember Wattenburger indicated he is more comfortable to move
towards a permanent access through the Redwood Business Park.
M/S Wattenburger/Schneiter to adopt Resolution No. 96-12 making
findings pursuant to Public Resources Code Section 21081 and
California Environmental Quality Act (CEQA) Guidelines Section 15091
in connection with the approval of the Mendocino Brewing Company Site
Development Permit No. 95-19 submitted by the Mendocino Brewing
Company. The motion was carried by the following roll call vote:
AYES: Councilmembers Mastin, Malone, Wattenburger, Shoemaker and
Mayor Schneiter. NOES: None. Absent: None.
7c. Use Permit Application No. 95-22, as Filed by Friedman Brothers
Hardware, Inc., to allow The Construction and Operation of an 80,000
Square Foot Bulk Retail Hardware Store and a Four Acre Self-Service
Drive-Through Supply Yard on 10.5 Acres Located in the Airport
Industrial Park
The Senior Planner reported on the proposed Use Permit application
which would allow the construction and operation of an 80,000 square
foot bulk retail hardware store and a four-acre self-service drive
through supply yard on 10.5 acres located in the Airport Industrial
Park. He reviewed the staff report issued to the Planning Commission
dated August 4, 1995. He reviewed the Planning Commission action to
deny the use permit.
Council queried staff regarding number of lots and boundary line
adjustments, and the distance between the south line of this property
and the Brewery project.
Public Hearing Opened - 9:13 p.m.
Bill Friedman, President of Friedman Brothers, noted his partners and
uncle are here tonight to answer Council's questions and requested
Council's approval tonight. He explained our Chief Financial Officer
will present a report to Council offering the financial benefits of
this project and business to Ukiah.
David Proctor, 3297 Juniper Avenue, stated he is 5th generation
Santa Rosa, and has been the controller for Friedman Brothers for 10
years. He addressed the benefits of this family business coming to
Ukiah. He reviewed their site selection process history from 1990 to
current and explained their product lines and the salary levels with
benefits paid to 40 full-time positions and 20 part-time positions
here in Ukiah. He reviewed statistics they compiled in making the
decision to open a store in Ukiah. He noted Friedman Brothers is not
a predatory business and they seek to work with other businesses.
Bill Friedman addressed the business and family commitment to the
community regarding fundraising donations.
Donna Roberts, 781 Sidnie Court, read and submitted a letter to
Council expressing concern regarding the proposed site and possible
reduction of industrial land use.
Ernie Olsen, 1133 West Church, is known at both local hardware stores
and is part of the leakage from Ukiah to Friedman brothers. He
reported on the reasons why he shops Friedman brothers in Santa Rosa,
and the amount of money that he spends when he goes south to shop.
Darryl Smallton, who lives east of town, was against large
development as he is from Santa Rosa and he is anti-growth. He feels
that we need a Friedman Brothers here, as this is the type of
business people need. He noted that the profits from this store will
not go out of state and they spend a lot of money in the community
fundraising. He is proud of this business, although he mostly shops
Mendo Mill, he stated that letting Friedman Brothers build will be
one of the best decisions that Council will make.
John Brediascous, a native of Santa Rosa, stated he shops at Friedman
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Brothers. He reported on his personal and professional knowledge of
the Friedman Brothers in Santa Rosa, and his involvement in Youth
activities and schools. He testified as to how Friedman Brothers
family and their donations to fundraisers for athletics and arts for
his non-profit organizations. He urged Council to approve this
project.
Dick Arneson, Owner of Arneson Furniture, indicated that Ukiah now
has the opportunity to bring in a business organization into our
community. Let us welcome such a fine family owned business into
Ukiah with a unanimous approval of this project.
Granville Pool, Redwood Valley, noted our area is prime for a large
hardware retailer and we should encourage Friedman Brothers as a
family business instead of a Home Depot or Home Base.
Lynn Wood, President of the Board of Directors for Chamber of
Commerce of Ukiah, reported they polled 100 chamber businesses on a
non-scientific basis, done very quickly by telephone, 70% responded
favorably at the desired location, 15% were against and 15% had no
opinion either way. She summarized that this indicates the business
community is for Friedman brothers coming to Ukiah. She indicated the
advantages of reduced retail sales leakage to Santa Rosa, the
increased wages and employment to Ukiah, the benefit of this
business's community contributions to the Non-profit community, are
all positive factors to approve this project.
No others came forward.
Public Hearing Closed - 10:11 p.m.
Councilmember Malone commented the Planning Commission's findings
there is no restriction to primary use conflicts when a project meets
the conditions, and spoke about the Planning Commission findings. The
philosophy of this Park's private development is something else.
Councilmember Shoemaker noted he owns a retail nursery and has
discussed a possible conflict of interest with the City Attorney,
who determined he does not have to sit out of this item of business.
He spoke about owning a family business, and the other family owned
competitors who may also be financially impacted by a Friedman
Brothers coming, and that it is not pleasing to him. Retail uses in
the AIP was contentious to him. The Friedman Brother business located
in this area is appropriate use. He referred to the buffer on the
side of Friedman is the industrial buffer and he will insist on
abiding by it.
Councilmember Mastin agrees that the industrial buffer should be
protected and he is willing to draw the line at this property. He
agrees that there may be impact on our local stores, he has counted
20 to 30 stores which carry like kind products in Ukiah. He spoke to
other businesses and stated they may ask for marketing assistance and
business plans, which is provided by the City of Ukiah.
M/S Wattenburger/Mastin to adopt Resolution No. 96-13, making
findings pursuant to public resources code section 21081 and
California Environmental Quality Act(CEQA) guidelines Section 15091
in connection with the approval of the Friedman Brothers Hardware
Inc. Use Permit No. 95-22. The motion was carried by the following
roll call vote: AYES: Councilmembers Mastin, Malone, Wattenburger,
Shoemaker and Mayor Schneiter. NOES: None. Absent: None.
Councilmember Malone stated the cry that Ukiah businesses will go
out of business due to a limited amount of money available in our
community just doesn't hold water.
7d. As Requested by Appellant, Continue to September 20, 1995,
Appeal of Planning Commission,s Denial of Site Development Permit
Application No. 95-28, as Filed by Harold Titen, to Allow a 3-Unit
Apartment Structure in the C-1 Zoning District, on Property Located
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at 959 North Oak Street, Assessor.s Parcel Number 002-114-69, and
Located in the C-1, Light Commercial Zoning District
It was the consensus of Council to continue this public hearing to
September 20, 1995.
Recess - 10:25 p.m.
Reconvened - 10:34 p.m.
NEW BUSINESS
9a. Authorize the Mayor to Execute Participation Agreement with
Ukiah Valley Sanitation District
It was the consensus of Council to continue this matter of business
to the regular meeting of September 6, 1995.
9b. Authorize the Transfer from NCPA Operating Funds of
Approximately $495,377 Representing City of Ukiah's Share of Geysers
Effluent Project Relative to Geothermal Project
It was the consensus of Council to continue this matter of business
to September 6, 1995 meeting.
9c. Consideration of Mendocino Solid Waste Management Authority,s
Use of City Property for Hazmobile Program
The Assistant City Manager reported on the request to locate this
program north of the Animal Shelter on Plant Road which is owned by
the City of Ukiah. She indicated that staff will need to evaluate
insurance conformance, and could negotiate and bring an agreement
back to Council to approve at the next meeting, if desired by
Council.
It was the consensus of Council for the City Attorney to draft an
agreement to return to Council and directed staff to negotiate with
MSWA for insurance conformance requirements.
9d . Authorize staff to Award contracts to Metamorphosis Hydroseeding
Inc. In the Amount of $12,250 and to California Conservation Corps
(CCC) in the Amount of $10,000 for Erosion Control Measures at he
Ukiah Landfill.
Councilmember Shoemaker indicated he has information that there is
another product locally, which is offered, that is comparable and
questioned the possibility that this should be addressed by the city
bid process.
Discussion ensued regarding sole source price and city procedures.
It was the consensus of Council to continue this matter to 4:30 p.m.
on August 23, 1995.
M/S Shoemaker/Wattenburger to authorize staff to award contract to
California Conservation Corps in the Amount of $10,000 for Erosion
Control Measures at the Ukiah Landfill. The motion was carried by the
following roll call vote: AYES: Councilmembers Mastin, Malone,
Wattenburger, Shoemaker and Mayor Schneiter. NOES: None. Absent:
None.
8b. Receive and Accept Investment Report Regarding City Investment
Portfolio from Chandler Liquid Asset Management, Inc.
Kay Chandler reported on the analysis of the city's investment
portfolio which addressed safety, liquidity and return, portfolio
characteristic, market value, the mortgage derivatives, compliance
with State law and with the City's investment policy and the six
recommendations. She noted it is a real loss when an investment
reflects the future stream of reduced revenue that you will receive.
She is basing her recommendations that these specific investments are
too great of a risk of the public trust funds, as these bonds are
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uncertain.
The City Treasurer and Ms. Chandler answered Council questions
concerning the investment report and the securities market, and
various scenarios.
It was the consensus to discuss this further in Closed Session.
10. CITY COUNCIL/REPORTS
None
11. CITY MANAGER/DEPARTMENT HEAD REPORTS
None
CLOSED SESSION
The City Attorney announced it is advisable to go into Closed Session
to discuss the following;
12a. G.C. Section 54956.9 - Conference with Legal Counsel Regarding
Potential Litigation
12b. As previously approved as an urgency item of business that arose
after the close of the agenda, to discuss a personnel matter
concerning the City Manager Charles Rough.
Council entered Closed Session at 11:53 p.m.
Council came out of Closed Session at 1:10 a.m.
The City Attorney reported there was no action taken regarding agenda
item 12a.
12b. M/S Schneiter/Wattenburger to accept the resignation of Charles
L. Rough, Jr., City Manager, including 3 % month's severance pay. The
motion was carried by a unanimous voice vote of all AYE.
M/S Shoemaker/Malone to appoint Candace Horsley as interim City
Manager. The motion was carried by a unanimous voice vote of all AYE.
ADJOURNMENT
There being no further business, the ~eeting was adjourned to August
23, 1995, at 4:30 p.m. in the Civic/Center Council Chambers.
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Cathy McKaY, CMC/~E, City Clerk
Reg. Mtg.
August 16, 1995
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