HomeMy WebLinkAbout092298 CC MinutesMINUTES OF A REGULAR MEETING
OF THE TEMECULA CITY COUNCIL
SEPTEMBER 22, 1998
CLOSED SESSION
A meeting of the City of Temecula City Council was called to order at 5:30 P.M. It was duly
moved and seconded to adjoum to Closed Session, pursuant to Government Code Sections:
1. Conference with real property negotiator pursuant to Govemment Code Section 54956.8
concerning the acquisition of real property located at 42049 Main Street (APN 922-036-020),
28545 Front Street (APN 922-035-001), 28677 Front Street (APN 922-045-017), 28725 Pujol
Street (APN 922-062-010), 42291 Sixth Street (APN 922-052-011), no situs (APN 922-053-
080), 41830 Sixth Street (APN 922-031-018), 41858 Fifth Street (APN 922-031-009), and 41843
Fifth Street (APN 922-022-010). The negotiating parties are the City of Temecula/parcels of
Redevelopment Agency of the City of Temecula and Lorraine Clark, Ladd Penfold, Cadeus
Properties, Ladanyi, Ruther, Corbin, Ciais, Otto lot, Pelonero, Valencia, and Eppenger. Under
negotiation are the pdce and terms of payment of the real property interests proposed to be
acquired.
2. Conference with real property negotiator pursuant to Government Code Section 54956.8
conceming the acquisition of portions of real property located at 27622 and 27628 Jefferson
Avenue. The negotiating parties are the City of Temecula and Connie Hill and Dean Hill. Under
negotiation are the price and terms of payment of the real property interests proposed to be
acquired.
3. Conference with City Attorney and legal counsel pursuant to Govemment Code Section
54956.9(a) with respect to three matters of existing litigation involving the City. The following
cases will be discussed: 1. Skvtec v. City of Temecula; 2. City of Temecula, et al. v. Strachota
Insurance Company; and 3. Temecula Redevelooment AGency v. Blind PiG BrewerY, Inc. et al.
ROLL CALL
Present:
Councilmembers:
Comerchero, Lindemans, Stone, and
Fords.
Absent:
Councilmember: Roberts.
PRELUDE MUSIC
The prelude and intermission music was provided by Eve Craig.
INVOCATION
The invocation was given by Pastor Stephen Struikmans of Rancho Community Church.
ALLEGIANCE
The audience was led in the Flag salute by Councilman Stone.
PRESENTATIONS/PROCLAMATIONS
Proclamation for Domestic Violence Awareness Week
Councilman Comerchero presented to Ms. Kathleen Newton the proclamation who, in tum,
invited the Councilmembers and the public to attend the October 2, 1998, fundraiser at
Temecula Crest Winery.
PUBLIC COMMENTS
A. Referencing a letter previously sent to tie County with regard to Walker Basin, Ms.
Kathleen Hamilton, 42626 De Luz Road, advised that tie County Planning Commissioners will
be meeting on September 23, 1998, witi regard to the extension of four Tract Maps. Ms.
Hamilton commented on the current intersection levels at Rancho Califomia Road and Diaz
Road, Rancho California Road and Front Street, and Winchester Road and Jefferson Avenue,
advising tiat tie Walker Basin project will propose substantial development which will further
burden an already unacceptable traffic situation witiin the City.
Community Development Director Thornhill noted tiat staff could forward a letter to the County,
by way of fax, to reaffirm tie City's position as previously noted in the letter. It was the
consensus of the City Council that a letter be faxed in the morning to tie County.
B. Bdefly reiterating previously noted concerns with regard to tie Temeku Hills park site,
Mr. David Mathewson, 31293 Durney Court, relayed tie residents' eagerness to meet with tie
designated subcommittee in an effort to resolve the issues of concern.
CITY COUNCIL REPORTS
A. Councilman Stone tianked staff for expediting his request to televise tie Temecula
Valley Playhouse schedule during the intermission period of City Council meetings.
B. Councilman Stone advised tiat tie Temeku Hills park site Subcommittee (comprised of
Councilman Lindemans and Councilman Stone) had met with the developer's representative in
order to address concems, options, etc. and tiat all available options will be explored prior to
the October 8, 1998, public meeting.
C. Commenting on his trip to Washington, D.C., Councilman Stone bdefly highlighted tie
various topics which were discussed and addressed.
D. Mayor Pro Tem Ford invited the public to attend the Third Annual Wine Tasting Event at
Temecula Crest Winery on October 2, 1998, noting tiat tiis event is a fundraiser for Awareness
of Domestic Violence.
E. Advising tiat tie Third Annual "Make-A-Difference Day" (City Clean Up Day) will be on
October 24, 1998, Mayor Pro Tem Ford noted that the hazardous waste facility will be located at
Temecula High School and tiat large roll-off bins will be located tiroughout tie City.
F. Mayor Pro Tem Ford briefly commented on tiose issues which were addressed by
Mayor Roberrs and Councilman Stone in Washington, D.C., on behalf of tie City, such as
Library funding, Pala Road Improvements, Old Town First Street bridge, Western Bypass
Corridor, etc.
2
CONSENT CALENDAR
I Standard Ordinance Adoption Procedure
RECOMMENDATION:
1.1 Motion to waive the reading of the text of all ordinances and resolutions included
in the agenda.
2 Resolution ADDrovinG List of Demands
RECOMMENDATION:
2.1 Adopt a resolution entitled:
RESOLUTION NO. 98-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
TEMECULA ALLOWING CERTAIN CLAIMS AND
DEMANDS AS SET FORTH IN EXHIBIT A
3
4
5
Parcel Mag~ No. 28939 (Located at the northeast comer of Winchester Road [State
Route 79 North] and Margadta Road)
RECOMMENDATION:
3.1 Approve Parcel Map No. 28939 in conformance with the Conditions of
Approval.
3.2 Accept the Monumentation Bond as secudty for the agreements.
Release Faithful Performance and Labor and Materials Securities in Tract No.
22915-3 (Located at the southwesterly comer of the Intersection of Rancho Vista
Road at Butterfield Staqe Road)
RECOMMENDATION:
4.1 Authorize release of the Faithful Performance Warranty and Labor and
Materials Securities in Tract No. 22915-3.
4,2 Direct the City Clerk to so advise the Developer and Surety.
Release Faithful Performance Warranty and Labor and Materials Securities in
Tract No. 2291 5-2 (Located at the northwesterly comer of the intersection of
Pauba Road at Butterfield Stage Road)
RECOMMENDATION:
5.1 Authorize release of the Faithful Performance Warranty and Labor and
Materials Securities in Tract No. 22915-2.
5.2 Direct the City Clerk to so advise the Developer and Surety.
3
6
7
8
9
Release Faithful Performance Warranty and Labor and Materials Securities in
Tract No. 22916-3 (Located at tie northwesterly comer of the intersection of
Pauba Road at Butterfield Stage Road)
RECOMMENDATION:
6.1 Authorize the release of the Faitiful Performance Warranty and Labor and
Materials Securities in Tract No. 22916-3.
6.2 Direct the City Clerk to so advise the Developer and Surety.
Parcel MaD No. 28530-2 (Located on tie southwest comer of Winchester Road
[Highway 79] and Margadta Road)
RECOMMENDATION:
7.1
Approve Parcel Map No. 28530-2, in conformance witi tie Conditions of
Approval, Subdivision Monument Agreement and accept the Monument
Bond as secudty for the agreement.
Parcel MaD No. 26488 (Located on the northeast corner of Walcott Lane and Calle
Chapos)
RECOMMENDATION:
8.1 Approve Parcel Map No. 26488, in conformance witi tie Conditions of
Approval.
8.2
Approve Subdivision Improvement Agreement, Subdivision Monument
Agreement, and accept the Faithful Performance Bond, Labor and Materials
Bond and Monument Bond as security for tie agreements.
Award of Construction Contract for the I-15 Southbound Off-Ramp Widening at
Winchester Road, Proiect No. PW97-03
RECOMMENDATION:
9.1
Reject the low bid received from SLM Construction witi tie contractors
concurrence based on insufficient evidence to show tiat SLM Construction
has performed similar work on a Federal Highway and release their Bid
Bond.
9.2
Award a construction contract for the 1-15 southbound Off-Ramp Widening at
Winchester Road, Project No. PW97-03 to Riverside Construction Company
in the amount of $234,000.00 and autiorize the Mayor to execute tie
contract.
9.3
Autiorize the City Manager to approve change orders not to exceed tie
contingency amount of $23,400.00, which is equal to 10% of the contract
amount.
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11
12
MarGadta Road North of Ovedand Ddve Improvements, Work Authorization
Aoreement for the Cost of Installation of 19 Street LiGhts - Project No. PW97-07
RECOMMENDATION:
10.1 Approve the Interagency Agreement with Southern California Edison
Company (SCE), and authorize the Mayor to execute the documents.
10.2 Authorize payment to SCE for street light installation in the amount of
$21,683.48.
Mamadta Road North of Ovedand Drive Improvements, Work Authorization
AGreement for the Cost to Underground Existing Facilities, Proiect No. PW97-07
RECOMMENDATION:
11.1 Approve the Interagency Agreement with Southern Califomia Edison
Company (SCE) and authorize the Mayor to execute the documents.
11.2 Authorize payment to SCE for undergrounding an existing overhead
electrical system in the amount of $8,002.00.
Award of Construction Contract for the Winchester Road Sidewalk Project, Project
No. PW97-19
RECOMMENDATION:
12.1
Award a construction contract for the Winchester Road Sidewalk Project to
All Concrete Construction in the amount of $66,450.00 and authorize the
Mayor to execute the contract.
12.2 Authorize the City Manager to approve change orders not to exceed the
contingency amount of $6,645.00, which is equal to 10% of the contract
amount.
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Professional Services AGreement with Parsons Brinckerhoff Quade & DouGlas.
Inc. for the 1-15 Southbound Off-Ramp Widening at Winchester Road, Project No.
PW98-07
RECOMMENDATION:
13.1
Approve the Professional Services Agreement between the City of Temecula
and Parsons Bdnckerhoff Quade & Douglas, Inc. for the design of the 1-15
southbound Off-Ramp at Winchester Road, Project No. PW98-07, for
$23,626.00 and authorize the Mayor to execute the contract.
13.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $2,362.60 which is equal to 10% of the contract
amount.
5
14
Professional Services AGreement with Parsons Bdnckerhoff Quade & DouGlas,
Inc. for the Southbound Off-Ramp and 1-15 Widening north of Rancho California
Road. Pmiect No. PVV98-08
RECOMMENDATION:
14.1
Approve the Professional Services Agreement between the City of Temecula
and Parsons Bdnckerhoff Quade & Douglas, Inc. for the design of the
southbound Off-Ramp and 1-15 Widening nodh Rancho California Road,
Project No. PVV98-08, for $31,618.00 and authorize the Mayor to execute the
contract.
14.2
Authorize the City manager to approve change orders not to exceed the
contingency amount of $3,161.80 which is equal to 10% of the contract
amount.
15
Award of Desicon/Build ConsultinQ AQreement for Old Town Archways and
Concrete Inlays - Project No. PVV97-
RECOMMENDATION:
15.1
Award a design/build consulting agreement for the Old Town Gateway Arch
Entry Monuments and Steel Inlays to A. J. Fdck, Civil Engineer, San Jacinto,
California, in the amount of $199,500.00 and authorize the Mayor to execute
the contract.
15.2
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $19,950.00, which is equal to 10% of the
recommended contract amount.
Pulled for separate discussion at which time it was continued to the September
29, 1998, City Council meeting. Councilman Stone noted that he would be
abstaining with regard to this issue.
16 AcQuisition of Property for Old Town Community Facilities - 42049 Main Street
{APN 922-036-020)
RECOMMENDATION:
16.1 Adopt a resolution entitled:
RESOLUTION NO. 98-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TEMECULA APPROVING PURCHASE AND SALE
AGREEMENT AND ESCROW INSTRUCTIONS
BETWEEN THE CITY OF TEMECULA AND LORRAINE
CLARK (TEMECULA MERCANTILE BUILDING)
16.2 Authorize the use of unreserved General Fund balance in an amount not to
exceed $543,000 for acquisition, soil testing, escrow and closing costs.
6
Councilman Stone noted that he would be abstaining with regard to this issue.
Although the acquisition has been considered by the City Council, City Manager Bradley
clarified that no purpose has been identified for this particular property.
17 Second Reading of Ordinance No. 98-17
RECOMMENDATION:
17.1 Adopt an ordinance entitled:
ORDINANCE NO. 98-17
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TEMECULA, CALIFORNIA, AMENDING PORTIONS
OF THE CITY'S DEVELOPMENT CODE PERTAINING
TO LANDSCAPE REQUIREMENTS FOR AUTOMOBILE,
MOTORCYCLE, AND TRUCK DEALERSHIPS
MOTION: Councilman Lindemans moved to approve Consent Calendar Item Nos. 1-8,
10-14, and 16-17 (Item Nos. 9 and 15 were pulled for separate discussion). The motion
was seconded by Councilman Stone and voice vote reflected unanimous approval with
the exception of Mayor Roberts who was absent. Councilman Stone abstained with
regard to Item Nos. 15 and 16.
Consent Calendar Items pulled for separate discussion.
9
Award of Construction Contract for the I-15 Southbound Off-Ramp Widenine at
Winchester Road - Project No. PW97-03
RECOMMENDATION:
9.1
Reject the low bid received from SLM Construction with the contractors
concurrence based on insufficient evidence to show that SLM Construction
has performed similar work on a Federal Highway and release their Bid
Bond;
9.2
Award a construction contract for the I-15 southbound Off-Ramp Widening
at Winchester Road - Project No. PW97-03 - to Riverside Construction
Company in the amount of $234,000.00 and authorize the Mayor to
execute the contract;
9.3
Authorize the City Manager to approve change orders not to exceed the
contingency amount of $23,400.00 which is equal to 10% of the contract
amount.
Public Works Director Kicak presented the staff report (as per agenda material).
Councilman Lindemans requested that the issue of Widening the off-ramp at Rancho
Califomia Road be agendized for the next City Council meeting.
7
MOTION: Councilman Lindemans moved to approve Consent Calendar Item No. 9.
The motion was seconded by Councilman Stone and voice vote of those present
reflected unanimous approval (Mayor Roberts absent).
15
Award of DesiGn/Build Consulting AGreement for Old Town Archways and
Concrete Inlays - Project No. PW97-05
RECOMMENDATION:
15.1
Award a design/build consulting agreement for the Old Town Gateway
Arch Entry Monuments and Steel Inlays to A. J. Fdck, Civil Engineer,
San Jacinto, California, in the amount of $199,500.00 and authorize
the Mayor to execute the contract;
15.2
Authorize the City Manager to approve change orders not to exceed
the contingency amount of $19,950.00 which is equal to 10% of the
recommended contract amount.
Councilman Stone noted that he would be abstaining with regard to this issue.
Because he could not fulfill the terms of the contract, City Manager Bradley informed the
City Council that the engineer has withdrawn his bid. Therefore, Mr. Bradley suggested
that the City Council adjourn to September 29, 1998, and authorize staff to negotiate
with another contractor that will be able to meet the terms of the contract.
Housing and Redevelopment Manager Meyer presented the staff report (of record). By
way of a rendering, Mr. Meyer highlighted specifics with regard to the design of the
archways and steel inlays as well as location.
To expedite the final review and approval process of the design of the archways and
inlays, it was suggested that a Councilmember be assigned to work with staff.
MOTION: Councilman Lindemans moved to continue Consent Calendar Item No. 15 to the
September 29, 1998, City Council meeting. The motion was seconded by Councilman
Comerchero and voice vote reflected unanimous approval with the exception of Councilman
Stone who abstained (Mayor Roberts absent).
At 7:37 P.M., the City Council convened as the Temecula Community Services District
and the Temecula Redevelopment Agency. At 7:47 P.M., the City Council resumed with
regularly scheduled City Council business.
PUBLIC HEARINGS
18 Adoption of Zoning ReGulations and Licensing of Sexually Odented Businesses
RECOMMENDATION:
18.1 Continue the public hearing off-calendar.
It was the consensus of the City Council to continue this item off calendar.
COUNCIL BUSINESS
19
Consideration of Adoption of a Resolution of Necessity for the AcQuisition in
Eminent Domain of Property for Street Improvements. Road and Hiahwav
Purposes in Connection with the Ovedand Ddve Overcrossina Improvement
Project ('Hill Property}
RECOMMENDATION:
19.1
Consider adoption of proposed Resolution No. 98-94, a Resolution of
Necessity of the City of Temecula Declaring Certain Real Property
Necessary for Public Purposes and authorizing the acquisition thereof in
connection with the Ovedand Ddve Overcrossing Project (Project No. PW95-
11).
19.2
Open and conduct a headng on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this
report, take testimony from any person wishing to be heard on issues A, B,
C, and D below, and consider all of the evidence to determine whether to
adopt the proposed Resolution, which requires a unanimous or 4/5ths vote.
19.3
A.) If the City Council finds, based upon the evidence contained in and
referred to in this report, the testimony and comments received in this
headng, that the evidence warrants the necessary findings with respect to
the proposed Resolution of Necessity, then the staff recommends that the
City Council, in the exercise of its discretion, adopt proposed Resolution No.
98-94 (which requires a 4/5ths vote of the entire Council) and the following
authorize that an eminent domain proceeding be filed to acquire the subject
property interests (APN 910-310-001)
RESOLUTION NO. 98-94
A RESOLUTION OF NECESSITY OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
B.)
If the City Council finds, based upon the evidence contained in and
referred to in this report, the testimony and comments received in this
hearing, that the evidence warrants the necessary findings with respect
to the proposed Resolution of Necessity, then the staff recommends that
the City Council, in the exercise of its discretion, adopt proposed
Resolution NO. 98- (which requires a 4/5ths vote of the entire
Council) and the following authorize that an eminent domain proceeding
be filed to acquire the subject property interests (APN 910-310-002):
9
... RESOLUTION NO. 98-95
A RESOLUTION OF NECESSITY OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
19.4
As to resolution, if approved, approve a warrant payable to the Clerk of the
coud, Riverside County, in the amount of $109,348.00 for deposit in court to
obtain an order for possession of the Dean F. Hill and Connie Mae Hill
property interests.
19.5 Authorize the City Manager to execute all necessity documents.
City Manager Bradley presented the staff report (as per agenda material), advising that a
tentative settlement will be recommended in Closed Session; therefore, he suggested
that action with regard to this item be deferred until after Closed Session. Mr. Bradley
noted that Mr. Larry Markham, representing the Hills, relayed no objection to deferring
the matter until after Closed Session.
Deferred to Closed Session; action of approval taken in Open Session; see page 13.
20 Community Service Funding ProGram Ad Hoc Committee Selection
RECOMMENDATION:
20.1
Appoint two Councilmembers to serve on the Community Service Funding
Program Ad Hoc Committee to review and approve applications received for
that program.
MOTION: Councilman Lindemans moved to appoint Councilmembers Comerchero and
Stone. The motion was seconded by Mayor Pro Tern Ford and voice vote of those
present reflected unanimous approval (Mayor Roberts absent).
DEPARTMENTAL REPORTS
No additional comments.
CITY MANAGER'S REPORT
City Manager Bradley advised that a future joint meeting with Mayor Roberts, Councilman
Stone, and School District representatives Hobbs and Shafer will be an open public meeting
and that the date has not yet been determined.
Mr. Bradley advised that Senator Haynes has invited the City Councilmembers to attend a
meeting on Thursday, September 24, 1998. It was noted that only Mayor Pro Tem Ford will be
able to attend.
10
City Manager Bradley bde~y commented on upcoming Halloween and Christmas festivities as
well as the upcoming celebration for the beginning of work on the Regional Mall.
CITY ATTORNEY'S REPORT
In addition to the three items noted for Closed Session, City Attomey Thorson requested
that the Council approve to discuss the following subsequent need item under Closed
Session agenda:
Conference with real property negotiator pursuant to Govemment Code Section
54956.8 conceming the acquisition of property near Ynez Road and extension
of Ovedand Road (APN 921-680-010-3 and 921-090-054-0). The negotiating
parties are the City of Temecula and Eli Lilly Company.
City Attomey Thorson advised that City Manager Bradley had met with representatives
of Eli Lilly and that a counter offer has been made which the Councilmembers need to discuss
pdor to the next City Council meeting.
MOTION: Councilman Stone moved to approve to discuss the above-mentioned subsequent
need item under Closed Session. The motion was seconded by Councilman Comerchero and
voice vote of those presented reflected unanimous approval (Mayor Roberts absent).
At 8:17 P.M., the City Council convened in Closed Session. At 9:10 P.M., the City
Council reconvened in Open Session.
At this time, Agenda Item No. 19 was considered.
19 Consideration of Adoption of a Resolution of Necessity for the Acauisition in
Eminent Domain of Property for Street Improvements, Road and HiGhway
Purposes in Connection with the Ovedand Ddve OvercrossinG Improvement
Project ('Hill Property)
RECOMMENDATION:
19.1
Consider adoption of proposed Resolution No. 98-94, a Resolution of
Necessity of the City of Temecula Declaring Certain Real Property
Necessary for Public Purposes and authorizing the acquisition thereof in
connection with the Ovedand Drive Overcrossing Project (Project No. PW95-
11).
19.2
Open and conduct a headng on the adoption of the proposed Resolution of
Necessity, receive from staff the evidence stated and referred to in this
report, take testimony from any person wishing to be heard on issues A, B,
C, and D below, and consider all of the evidence to determine whether to
adopt the proposed Resolution, which requires a unanimous or 4/5ths vote.
19.3
A.) If the City Council finds, based upon the evidence contained in and
referred to in this report, the testimony and comments received in this
hearing, that the evidence warrants the necessary findings with respect to
the proposed Resolution of Necessity, then the staff recommends that the
City Council, in the exercise of its discretion, adopt proposed Resolution No.
98-94 (which requires a 4/5ths vote of the entire Council) and the following
authorize that an eminent domain proceeding be filed to acquire the subject
property interests (APN 910-310-001)
RESOLUTION NO. 98-94
A RESOLUTION OF NECESSITY OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
B.) If the City Council finds, based upon the evidence contained in and
referred to in this report, the testimony and comments received in this
headng, that the evidence warrants the necessary findings with respect to
the proposed Resolution of Necessity, then the staff recommends that the
City Council, in the exercise of its discretion, adopt proposed Resolution
NO. 98-95 (which requires a 4/5ths vote of the entire Council) and the
following authorize that an eminent domain proceeding be filed to acquire
the subject property interests (APN 910-310-002):
RESOLUTION NO. 98-95
A RESOLUTION OF NECESSITY OF THE CITY OF
TEMECULA DECLARING CERTAIN REAL PROPERTY
NECESSARY FOR PUBLIC PURPOSES AND
AUTHORIZING THE ACQUISITION THEREOF IN
CONNECTION WITH THE OVERLAND DRIVE
OVERCROSSING IMPROVEMENT PROJECT
19.4
As to resolution, if approved, approve a warrant payable to the Clerk of
the court, Riverside County, in the amount of $109,348.00 for deposit in
court to obtain an order for possession of the Dean F. Hill and Connie
Mae Hill property interests.
19.5 Authorize the City Manager to execute all necessity documents.
Having bdefed the Councilmembers in Closed Session with regard to this item, City Manager
Bradley advised that an agreement has been reached with Dr. and Mrs. Hill to acquire the
portion of property required for the construction of Ovedand Overcrossing (located on the north
side of the proposed Overcrossing and east of the east curbline of Jefferson Avenue). Mr.
Bradley recommended to approve the Resolution of Necessity, noting that the sale would then
be finalized with Dr. and Mrs. Hill.
At this time, Mayor Pro Tem Ford opened the public headng. There being no input, the headng
was closed.
MOTION: Councilman Stone moved to approve staff recommendation. The motion was
seconded by Councilman Comercherc and voice vote of those present reflected unanimous
approval (Mayor Roberts absent).
With respect to other Closed Session items, City Attomey Thorson advised that City Council
did not consider Item No. I (property acquisition); that with regard to Item No. 2 (Dr. and Mrs.
Hill), he noted that settlement documents will follow at a later date; with regard to Item No. 3
(existing litigation), Mr. Thorson advised that the City Council gave direction with respect to the
Skytec matter. VV'~h regard to the Strachota Insurance matter, he advised that the City and the
associated employees have settled this action; that the releases have been signed and that Ihe
matter has been concluded. With respect to the Blind Pig Brewery, it was noted that the
Agency did accept the offer to sell the collateral for $15,000 and that the agency will proceed
with action against the guarantors. With respect to the subsequent need item, Mr. Thorson
advised that the real property involving Eli Lilly, City Council gave direction to staff with respect
to settlement negotiation but that the matter has not been finalized, noting that final action will
require City Council approval.
ADJOURNMENT
At 9:14 P.M., Mayor Pro Tem Ford formally adjourned the City Council meeting to
Tuesday, September 29, 1998, at 7:00 P.M.
Ron Roberts, Mayor
ATTEST:
~ ,
usan V~ Jones, C C
[SEAL]
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