HomeMy WebLinkAboutStaff Report 1.A 10/06/2014Agenda Item
R sAL �' � City of Petaluma, California
MEETING OF THE CITY COUNCIL/
PETALUMA COMMUNITY DEVELOPMENT SUCCESSOR AGENCY
2868
1 Draft City Council/PCDSA Minutes
2 Monday, August 4, 2014
3 Regular Meeting
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6 MONDAY. AUGUST 4. 2014
7 CLOSED SESSION - 5:45 P.M.
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CALL TO ORDER - CLOSED SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
Absent: None
CONFERENCE WITH LABOR NEGOTIATORS: Agency designated representatives: Dianne Dinsmore and
Scott Brodhun. Employee Organizations: AFSCME Units 1 - Confidential, 2 - Maintenance, 3 -
Clerical/Technical; and, Petaluma Professionals and Mid Managers Association Units 4 - Professional, 9 -
Mid Managers, and 11 - Confidential.
CONFERENCE WITH LEGAL COUNSEL- EXISTING LITIGATION: Pursuant to paragraph (1) of subdivision (d)
of California Government Code Section 54956.9:
o Arbitration of David Sears Disciplinary Appeal, JAMS no. 1100077589
o Friends of Lafferty Park, et al., v. Pikochu II, LLC et al., Sonoma County Superior Court Case no. SCV-
253148
o Thompson v. City of Petaluma, Case no. Al 37981 in the Court of Appeal of the State of California,
First Appellate District, Division 4
o D'Lil et al. v. City of Petaluma, Case no. C11 -CV -02088 -JCS, United States District Court, Northern
District
o Minick v. City of Petaluma, et al., Sonoma County Superior Court Case no. SCV-251915
o City of Petaluma v. Anna Matosantos, et at., Case no. C075812, in the Court of Appeal of the State
of California, Third Appellate District
o Andrea D. Waters v. City of Petaluma Fire Department, U.S.E.E.O.0 Charge no. 5555-2014-00733
CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION/LIABILITY CLAIMS: Significant exposure to
litigation pursuant of paragraph )2) of subdivision (d) of California Government Code Section 54956.9: 1
potential case: Liability claims pursuant to section 54956.95. Unemployment Insurance Claim of Andrea
D. Waters. Agency claimed against: City of Petaluma.
PUBLIC COMMENT ON CLOSED SESSION ITEMS
Mayor Glass opened Public Comment on CLOSED SESSION.
Vol. XX, Page 2
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August 4, 2014
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on CLOSED SESSION.
ADJOURN TO CLOSED SESSION
MONDAY. AUGUST 4. 2014
EVENING SESSION - i3A0 7:12 P.M.
CALL TO ORDER - EVENING SESSION
A. Roll Call
Present: Chris Albertson; Teresa Barrett; David Glass; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
Absent: None
B. Pledge of Allegiance
Mayor Glass
C. Moment of Silence
Mayor Glass announced that the meeting would be adjourned in memory of James
Brady, former Press Secretary to President Ronald Reagan.
AGENDA CHANGES AND DELETIONS (TO CURRENT AGENDA ONLY)
Mayor Glass announced that Item 3.1) would be removed from tonight's agenda and
rescheduled for the October 6, 2014 Regular City Council/PCDSA Meeting.
Council Member Healy
Mayor Glass
Council Member Healy
Mayor Glass
Council Member Healy
City Clerk Cooper
City Attorney Danly
Mayor Glass
PRESENTATION
• Citizen in Action Awards from Fire Department. (Schoch)
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August 4, 2014
Fire Battalion Chief Jeff Schoch
GENERAL PUBLIC COMMENT
Vol. XX, Page 3
Misty Rushing, O+ Festival ("O" Positive), Petaluma, spoke regarding the festival, which she
described as a three-day festival of art, music, and wellness," which will come to Petaluma
November 7 - 9, 2014.
Joe Concra, Petaluma, O+ Festival ("O" Positive), Petaluma, also spoke about this festival.
Joe McDonald, Icehouse Gallery, Petaluma, told Council about this new gallery, which is
located in the Burdell Building, across the street from the Petaluma Arts Center.
Katherine Bobrowski, Petaluma, spoke of problems at the mobile home park where she lives.
COUNCIL COMMENT
Council Member Harris
Mayor Glass
Council Member Albertson
Council Member Barrett
Vice Mayor Kearney
Council Member Healy
Council Member Miller
Mayor Glass
CITY MANAGER COMMENT
None.
REPORT OUT OF CLOSED SESSION (ACTIONS TAKEN)
None.
1. APPROVAL OF MINUTES
A. Approval of Minutes of Regular City Council/PCDSA Meeting of Monday, June 16,
2014.
The Minutes of Regular City Council/PCDSA Meeting of Monday, June 16, 2014
were deemed approved as submitted.
Vol. XX, Page 4
August 4, 2014
1 2. APPROVAL OF PROPOSED AGENDA
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3 A. Approval of Agenda for Regular City Council/PCDSA Meeting of Monday,
4 September 8, 2014.
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6 Mayor Glass
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8 Council Member Healy
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10 Mayor Glass
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12 City Attorney Danly
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14 Mayor Glass
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16 City Attorney Danly
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18 Council Member Barrett
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20 City Attorney Danly
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22 Mayor Glass made a motion to Reconsider Resolution 2014-125 N.C.S., Resolution
23 2014-126 N.C.S.. and Resolution 2014-127 N.C.S.
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25 Council Member Barrett seconded the motion.
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27 Mayor Glass
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29 City Attorney Danly
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31 Council Member Healy
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33 Vice Mayor Kearney
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35 Mayor Glass
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37 Vice Mayor Kearney
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39 City Attorney Donly
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41 Planning Manager Heather Hines
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43 City Clerk Cooper
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45 City Attorney Donly
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47 Mayor Glass
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49 Ms. Hines
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51 City Attorney Danly
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August 4, 2014
Vice Mayor Kearney
Ms. Hines
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
Ms. Hines
City Attorney Donly
Ms. Hines
Mayor Glass
City Attorney Danly
Council Member Albertson
Ms. Hines
City Attorney Donly
Mayor Glass
Vol. XX, Page 5
Mayor Glass amended his previous motion, moving to Reconsider Resolution
2014-127 N.C.S. Approving a 144 -lot Phased Tentative Subdivision Map for the
Riverfront Mixed Use Project Located at 500 Hopper Street within the Boundaries
of the Petaluma Central Petaluma Specific Plan.
Council Member Barrett amended her second.
Mayor Glass
Council Member Healy
City Manager Brown
Council Member Healy
Ms. Hines
Motion: Approve Agenda for Regular City Council/PCDSA Meeting of Monday,
September 8, 2014, as amended to include Item 3.D: Resolution Accepting
Completion of the Petaluma Swim Center Energy Efficiency and Renewable
Energy Project from tonight's agenda, and to include a vote on the Motion to
Reconsider Resolution 2014-127 N.C.S. Approving a 144 -lot Phased Tentative
Vol. XX, Page 6
August 4, 2014
1 Subdivision Map for the Riverfront Mixed Use Project Located at 500 Hopper Street
2 within the Boundaries of the Petaluma Central Petaluma Specific Plan, which was
3 adopted at the July 21, 2014 Regular City Council/PCDSA Meeting.
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Motion by Mike Healy, seconded by Mike Harris.
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Vote: Motion carried 6-1
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Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
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Mike Healy; Kathy Miller
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No: Gabe Kearney
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Abstain: None
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Absent: None
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Council Member Miller
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17 3. CONSENT CALENDAR
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19 A. Resolution 2014-128 N.C.S. Accepting Claims and Bills for June 2014. (Mushallo)
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21 B. Resolution 2014-129 N.C.S. Approving Application to the Federal Aviation
22 Administration (FAA) for the Airport Improvement Program AIP 24 FY 13/14 Grant
23 Funding and to the California Department of Transportation Caltrans Division of
24 Aeronautics for a 5% Grant Match and Authorizing City Manager to Accept Grant
25 Funding from Both Agencies and Execute All Grant Related Documents. (St.
26 John/Olive)
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28 C. Resolution 2014-130 N.C.S. Authorizing Award of Contract for the Various
29 Locations Rock Slope Protection Project. (St. John / Zimmer)
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31 D. Reseluflon-Ac-cptinq Completion -of -the Petefuma-Swim-Center-Energy Effic4enc-y
32 (St. John/Zimmer) - This item was removed from
33 the agenda and rescheduled for the Monday, September 8, 2014 Regular City
34 Council/PCDSA Meeting.
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36 E. Resolution 2014-131 N.C.S. Authorizing Award of Contract for the Petaluma
37 Municipal Airport Runway 11-29 Pavement Improvements Project. (St.
38 John/Zimmer)
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40 F. Update on Petaluma Public Art Committee's Upcoming Call for Artists/Request for
41 Qualifications (RFQ) for Public Art Installation. (Hines)
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43 Mayor Glass opened Public Comment on the CONSENT CALENDAR.
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45 Seeing no persons wishing to speak, Mayor Glass closed Public Comment on the
46 CONSENT CALENDAR.
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48 Council Member Albertson
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50 Larry Zimmer, Capital Improvements Engineering Manager, Public Works and Utilities
51 Department
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4.
August 4, 2014
Council Member Albertson
Mr. Zimmer
Motion: Approve CONSENT CALENDAR items 3.A, 3.13, 3.C., 3.E, and 3.F.
Motion by Gabe Kearney, seconded by Mike Harris.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
UNFINISHED BUSINESS
Vol. XX, Page 7
A. Adoption (Second Reading) of Ordinance 2508 N.C.S. to Approve a Zoning Map
Amendment to Rezone the Property Located at 500 Hopper Street from
Conceptual Area Boundary Zoning Urban Center (T-5), Urban Core (T-6) and Civic
Space (CS) to General Urban (T-4), Urban Center (T-5), Urban Core (T-6) and Civic
Space (CS) for the Riverfront Mixed Use Development Project. (Hines)
Mayor Glass
Planning Manager Heather Hines
Mayor Glass opened Public Comment on Item 4.A.
Kim Artsten, Petaluma, said that new construction takes a huge amount of water.
She told Council, "You can't build projects for people who aren't here when we
don't have enough water for people who already are here."
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 4.A.
Motion: Approve A. Adoption (Second Reading) of Ordinance 2508 N.C.S. to
Approve a Zoning Map Amendment to Rezone the Property Located at 500
Hopper Street from Conceptual Area Boundary Zoning Urban Center (T-5), Urban
Core (T-6) and Civic Space (CS) to General Urban (T-4), Urban Center (T-5), Urban
Core (T-6) and Civic Space (CS) for the Riverfront Mixed Use Development
Project.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 5-2
Yes: Chris Albertson; Mike Harris; Mike Healy;
Gabe Kearney; Kathy Miller
No: Teresa Barrett; David Glass
Abstain: None
Vol. XX, Page 8
Absent: None
August 4, 2014
3 B. Adoption (Second Reading) of Ordinance 2507 N.C.S. of the City of Petaluma on
4 the Subject of a 1%Transactions and Use Tax Applicable in the City of Petaluma:
5 Ordering the Submission of the Transactions and Use Tax to the Qualified Electors
6 of the City at the General Municipal Election to be Held on Tuesday, November 4,
7 2014; Approving the Ordinance in Accordance with Revenue and Taxation Code
8 Section 7285.9; Requesting the Sonoma County Board of Supervisors to
9 Consolidate Said Election with the November 4, 2014 Statewide General Election;
10 and Providing for Submission of Ballot Arguments and Rebuttals. (Brown)
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12 City Manager Brown
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14 Mayor Glass opened Public Comment on Item 4.B.
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16 Kim Arfsten, Petaluma, asked if sales tax measure would guarantee streets would
17 be repaired and Rainier would finally be built.
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19 Richard Brawn, Petaluma, said he is opposed to the sales tax measure and will be
20 writing an argument against it.
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22 Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
23 on Item 4.B.
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25 Motion: Approve Adoption (Second Reading) of Ordinance 2507 N.C.S. of the
26 City of Petaluma on the Subject of a 1% Transactions and Use Tax Applicable in
27 the City of Petaluma: Ordering the Submission of the Transactions and Use Tax to
28 the Qualified Electors of the City at the General Municipal Election to be Held on
29 Tuesday, November 4, 2014; Approving the Ordinance in Accordance with
30 Revenue and Taxation Code Section 7285.9; Requesting the Sonoma County
31 Board of Supervisors to Consolidate Said Election with the November 4, 2014
32 Statewide General Election; and Providing for Submission of Ballot Arguments and
33 Rebuttals.
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35 Motion by Gabe Kearney, seconded by Mike Healy.
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37 Vote: Motion carried 5-2
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39 Yes: Chris Albertson; Mike Harris; Mike Healy;
40 Gabe Kearney; Kathy Miller
41 No: Teresa Barrett; David Glass
42 Abstain: None
43 Absent: None
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45 5. NEW BUSINESS
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47 A. City Council Consideration and Adoption of Resolution 2014-132 N.C.S. Providing
48 Direction Regarding Submission of a Ballot Argument for and a Rebuttal Argument
49 Regarding a Ballot Measure on a 1 % Transactions and Use Tax Applicable in the
50 City of Petaluma to be Submitted to the Qualified Electors of the City at the
51 November 4, 2014 Statewide General Election. (Danly)
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August 4, 2014
City Attorney Danly
Council Member Healy
Council Member Harris
Vice Mayor Kearney
Council Member Miller
Vol. XX, Page 9
Council Member Albertson
Council Member Healy
City Attorney Danly
Council Member Healy
City Attorney Danly
Mayor Glass opened Public Comment on Item 5.A.
Richard Brawn, Petaluma, said he didn't understand how a City employee could
write an unbiased analysis.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 5.A.
City Attorney Danly
Council Member Barrett
City Attorney Danly
Mayor Glass
Motion: Approve A. Resolution 2014-132 N.C.S. Providing Direction Regarding
Submission of a Ballot Argument for and a Rebuttal Argument Regarding a Ballot
Measure on a I % Transactions and Use Tax Applicable in the City of Petaluma to
be Submitted to the Qualified Electors of the City at the November 4, 2014
Statewide General Election, with Council Members Healy and Miller and Vice
Mayor Kearney to prepare, sign, and file the ballot argument in favor of the
measure; and Council Members Healy, Albertson, and Harris to prepare, sign,
and file the rebuttal to any argument filed against the tax measure.
Motion by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Vol. XX, Page 10
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August 4, 2014
Abstain: None
Absent: None
Mayor Glass
Council Member Healy
Vice Mayor Kearney
City Attorney Danly
B. Resolution 2014-133 N.C.S. Approving Fourth Amendment to the Agreement for
Employment of the City Clerk. (Brown)
Mayor Glass opened Public Comment on Item S.B.
Seeing no persons wishing to speak, Mayor Glass closed Public Comment on Item
S.B.
Motion: Approve B. Resolution 2014-133 N.C.S. Approving Fourth Amendment to
the Agreement for Employment of the City Clerk.
Motion by David Glass, seconded by Kathy Miller.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
6. PUBLIC HEARING
A. Resolution 2014-134 N.C.S. Adopting a Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program for the Addison Ranch Apartment
Complex and Introduction (First Reading) of Ordinance 2509 N.C.S. to Approve a
Zoning Map Amendment to Rezone the Property Located at 200 Greenbriar Circle
from Planned Unit Development (PUD) to R-4. (Hines)
Elizabeth Jonckheer, Senior Planner
Council Member Healy
Ms. Jonckheer
Mayor Glass
Ms. Jonckheer
Mayor Glass
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August 4, 2014
Vol. XX, Page 1 1
Council Member Barrett
Ms. Jonckheer
Council Member Barrett
Planning Manager Heather Hines
Ms. Jonckheer
Vice Mayor Kearney
Ms. Jonckheer
Vice Mayor Kearney
Ms. Jonckheer
Council Member Barrett
Ms. Jonckheer
Council Member Barrett
Ms. Jonckheer
Mayor Glass
Ms. Hines
Sid Paul, Ezralow Company, Managing member of Addison Ranch LLC, Applicant
Council Member Barrett
Mr. Paul
Council Member Barrett
Mr. Paul
Council Member Healy
Mr. Paul
Vice Mayor Kearney
Mr. Paul
Vice Mayor Kearney
Mr. Paul
Vol. XX, Page 12 August 4, 2014
Mayor Glass
Mr. Paul
Council Member Albertson
Mr. Paul
City Engineer Curt Bates
Mayor Glass
Mr. Bates
Council Member Healy
Mr. Bates
Council Member Healy
Mr. Paul
Mayor Glass
Mr. Paul
Mayor Glass
Mr. Paul
Mayor Glass
City Attorney Danly
Ms. Hines
Mayor Glass opened Public Comment on Item 6.A.
Mary Roybal, Petaluma, ceded time by Richard Roybal, Petaluma, told Council
she is still most concerned with privacy issues in the development, as the building
will be so close to her home. She said she is also concerned with the amount of
open space that will be lost to this development.
Richard Roybal, Petaluma, thanked everyone for their efforts, and spoke about
the big changes this project will make to the entire area.
Seeing no other persons wishing to speak, Mayor Glass closed Public Comment
on Item 6.A.
Ms. Hines
Vice Mayor Kearney
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August 4, 2014
Council Member Healy
Mayor Glass
Council Member Barrett
Mayor Glass
Council Member Healy
Ms. Hines
Council Member Miller
Mayor Glass
Council Member Miller
Vice Mayor Kearney
Mayor Glass
Council Member Miller
City Attorney Danly
Mayor Glass
City Attorney Danly
Mayor Glass
City Attorney Danly
Mr. Paul
Council Member Albertson
Ms. Hines
Council Member Albertson
Ms. Hines
Council Member Albertson
Ms. Hines
Council Member Albertson
Council Member Healy
Vol. XX, Page 13
Vol. XX, Page 14
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August 4, 2014
City Attorney Danly
Council Member Healy
Mayor Glass
Council Member Healy
Ms. Hines
Council Member Healy
City Attorney Danly
Vice Mayor Kearney
Council Member Healy
Motion: Approve A. Resolution 2014-134 N.C.S. Adopting a Mitigated Negative
Declaration and Mitigation Monitoring and Reporting Program for the Addison
Ranch Apartment Complex.
Motion by Mike Healy, seconded by Gabe Kearney.
Vote: Motion carried 6-1
Yes: Chris Albertson; Teresa Barrett; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: David Glass
Abstain: None
Absent: None
Motion: Approve A. Introduction (first Reading) of Ordinance 2509 N.C.S. to
Approve a Zoning Map Amendment to Rezone the Property Located at 200
Greenbriar Circle from Planned Unit Development (PUD) to R-4.
Motion by Mike Healy, seconded by Kathy Miller.
Vote: Motion carried 6-1
Yes:
Chris Albertson; Teresa Barrett; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No:
David Glass
Abstain:
None
Absent:
None
Mayor Glass
ADJOURN
Motion: Adjourn the meeting.
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August 4, 2014
Motion by Gabe Kearney, seconded by David Glass.
Vote: Motion carried 7-0
Yes: Chris Albertson; Teresa Barrett; David Glass; Mike Harris;
Mike Healy; Gabe Kearney; Kathy Miller
No: None
Abstain: None
Absent: None
Vol. XX, Page 15
The meeting was adjourned at 10:05 p.m. in memory of James Brady, former Press Secretary to
President Ronald Reagan.
ATTEST:
Claire Cooper, CMC, City Clerk
David Glass, Mayor