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HomeMy WebLinkAbout02/16/197740 CITY COUNCIL TOWN OF LOS ALTOS HILLS 26379 Fremont Road Los Altos Hills, California MINUTES OF A REGULAR MEETING Wednesday, February 16, 1977 cc: Reel 98, Side 2, Tr. 2 - 001 -End; Side 1, Tr. 2 - 001 -End Mayor Robert Cheney called the Regular Meeting of the City Council to order at 7:30 P.M. in the Council Chambers of Town Hall: A. ROLL CALL: Present: Council Members Brown, Hillestad, McReynolds, Proft, Mayor Cheney Staff: City Manager Robert Crowe, City Attorney Frank Gillio, City Engineer Alec Russell, City Planner John Markl, Planning Commissioner Schick, City Clerk Norma Hislop Press: Los Altos Town Crier; Palo Alto Times B. CONSENT CALENDAR: All items on the evening's Agenda were removed for separate consideration by: 4W 1) Mrs. Oscar Sobel, Christopher's Lane; 2) Mrs. Alma Wood, Stonebrook Dr.; and 3) Mrs. J. Carico, O'Keefe Ln. ITEMS REMOVED FROM CONSENT CALENDAR FOR SEPARATE CONSIDERATION: 1. Approval of Minutes: February 2, 1977. Mrs. Oscar Sobel, Christopher's Lane stated that she had not seen a copy of the Minutes, but wished it noted for the record that she supported her husband's presentation from the floor at the last Council meeting pertaining to the City Manager's promises to have Christopher's Lane repaired and install a "Not a Thru Street" sign. The Mayor requested that the Minutes be held over for approval at the next Council meeting. 2. Approval of Warrants: $!7,594.31 (Corrected Total) In response to Mrs. Alma Wood, Stonebrook Drive, City Manager Robert Crowe stated that Warrant #2077 to Dotten Travel was for the City Planner to attend a Planning Conference. Mayor Cheney wished it noted that Warrant #2133 was void because he had not attended the meeting. E Councilwoman Hillestad moved, seconded by Councilman Brown and unanimously carried r*" to approve the corrected warrant total in the amount of $17,594.31. CITY COUNCIL MINUTES - February 16, 1977 ITEMS REMOVED FROM CONSENT CALENDAR (Cont'd): 3. Reso. # commending Florence Fava for her contributions to Los Altos Hills successful Bicentennial Year celebration. Mrs. J. Carico, O'Keefe Lane, recommended that such a Resolution, if adopted, should be directed to the Bicentennial Commission, and not to one specific individual. Councilwoman Hillestad noted that a Resolution had been adopted commending the Commission, and that, while recognizing Mrs. Fava's efforts toward the celebration of the Bicentennial, she thought the Resolution already adopted should be applicable to all members who served on the Commission. Councilwoman Hillestad moved, seconded by Councilman Brown, and unanimously carried to include Mrs. Fava as a recipient of the Resolution of the City Council commending the Bicentennial Commission. C. SPECIAL REPORTS: 1. Reports of Standing Committees: None. 2. Reports of Ad Hoc Committees: None. 3. Presentations from the Floor: Mr. Robert Olson, Esperanza Drive: Read text of petition presented to the Council this evening: "I, the undersigned concerned resident of Los Altos Hills, oppose any attempt to amend or in any way tamper with our present Town Zoning Ordinances. Storage and maintenance of Town owned equipment at any location within the town is in violation of existing zoning laws and legally requires a change to our zoning ordinances. I oppose this change. I ask that you, our elected officials, be responsive, maintain our rural environment, protect our property rights and values and allow us to enjoy our property in peace and contentment." Mr. Olson stated that there were 950 signatures on these petitions. Mr. Oscar Sobel, Christopher's Lane: Stated that he had been a carrier of the foregoing petition, and that he had found that the Town's people were united in their feelings on the Town's equipment. Mr. Matt Altenhofen, Magdalena Ave.: Stated that he had not been contacted regarding the petition, and felt that, in order to be considered valid, the petition should be composed of people who had views on both sides of the question. D. STAFF REPORTS, CORRESPONDENCE & ANNOUNCEMENTS: None E. SPECIAL ORDERS: 1. Westwind Barn. f Councilman McReynolds moved, seconded by Councilwoman Hillestad, and unanimously 7r carried to accept the proposals received from Mr. Peter Davis on behalf of Friends of Westwind and Mr. Frank Lancelloti, Sunnyvale, this evening and defer any action to be taken until later in the meeting. -2- CITY COUNCIL MEETING - February 16, 1977 4 SPECIAL ORDERS (Cont'd): Westwind Barn Proposals (Cont'd): a) Presentation of petition and proposed plan for preserving Westwind Barn: Mr. Peter Davis, Orchard Hill Lane, prefaced his statements by noting that he did not own any horses, nor was he a member of the Horsemen's Association. Mr. Davis thanked the large group of volunteers who had carried the petition being presented to Council this evening; the Friends of Westwind; the people who had signed the petition and had demonstrated enthusiasm for the proposal; and the members of Council who had listened and offered comments. He also thanked Mrs. Lucy Wittier and Mrs. Nancy Couperus, who had been instrumental in putting the proposal together. He also noted that the petition which had been circulated was not intended to have any legalistic implications, and that 1,060 signatures had been obtained. The proposal, Mr. Davis stated, had been developed to meet certain constraints, specifically: 1) The Westwind Barn should be preserved as an asset to the Town and its use continued as a quality horse stabling facility; 2) Access to the facilities should be made available to all residents of the Town, and not just a favored few; 3) The right of quiet enjoyment by neighbors and others must be respected; 4) The Barn should become financially self-supporting when operating capacity is reached; 5) No threat to town zoning ordinances or character shall 4y be created. To this end, he outlined the operation of low -profile. Cooperative facility, whose members would contribute their time and effort toward the Barn's upkeep and maintenance. Mr. Davis urged Council not to delay the issue because there was still a great amount of work to be done if the concept was approved. He urged Council to act this evening on a motion to form a Work -Study Committee or a Board of Directors, as well as the concept of going forward to form a Coop since there was only so much that could be done without Council's approval and authorization. Mr. Davis stated that he hoped a final lease might be prepared and ready to sign by April. Councilman Brown commended the Friends of Westwind for the high caliber of work which had been done on the proposal presented to Council. He stated that the proposal was indicative of the type of community cooperation that could be a reality to help find and develop solutions to difficult and complex problems. Councilwoman Hillestad also commended the Friends of Westwind and stated that she was very excited about the proposal presented. She hoped that Council would come to some conclusion on this matter this evening. Councilman Proft commended the people responsible for the proposals, and thought Council should act on the matter this evening since he felt there had been sufficient time given to Council Members to review the document. Councilman McReynolds felt that the proposal was well presented; however, he stated he would like to see the financial aspects of the plan spelled out in more detail. -3- CITY COUNCIL MEETING - February 16, 1977 4W SPECIAL ORDERS (Cont'd): Westwind Barn Proposals (Cont'd): Mayor Cheney thought the proposal was admirable and a solution to the problem which would be in the best interests of the residents of the Town. He also felt that there were still many questions which needed to be answered. In response to the inquiry of Mrs. Alma Wood, Stonebrook Drive, Mr. Crowe stated that copies would be available at Town Hall in the morning for sale or for review. Speaking from the Floor in favor of Proposal: Mr. Jitze Couperus, President of Horsemen's Assn. on their behalf. The Misses Alison Cahen, Sherri and Summer Lonergan, Members of 4-H Club, noting that Youth Groups were in favor of helping in the cleanup of the Barn because of Community pride and in an effort to show their cooperation. Council discussion ensued regarding particular details outlined in the proposal, with most members agreeing that Council Members should not serve on the Board of Trustees because of a possible conflict. It was generally conceded that a Board of Trustees and a Board of Directors would be superfluous, and that a Board of Trustees might be eliminated. Councilman Proft moved, seconded by Councilwoman Hillestad to accept the concept of forming a Coop for the operation of Westwind Barn as presented in the report by Mr. Davis. Motion carried unanimously by roll call vote. Councilman McReynolds moved, seconded by Councilwoman Hillestad to form a Sub - Committee to work with the Friends of Westwind to produce an actual proposal at the earliest possible date; said Sub -Committee to be composed of no more than two Council Members and the City Manager. Councilman Brown moved to amend the above motion that the Sub -Committee consist of two Council Members, City Manager, Mrs. Jeanine Sporck, Mrs. Lucy Whittier, Mrs. Nancy Couperus, and Mr. Peter Davis. This amendment was seconded by Council- woman Hillestad and carried unanimously by roll call vote. The main motion by Councilman McReynolds (above) carried unanimously by roll call vote. Councilman Brown and Councilwoman Hillestad were appointed as Council representatives serving on the Committee by general concensus. In response to Council inquiry, Mr. Davis stated that no permits had been applied for since it was first necessary to have the approval and consent of Council before proceeding further. Mrs. T. Schick, Weston Road, requested to have the amount of acres defined at the next meeting, since this had not been mentioned in the report by Mr. Davis. b) Letter of Proposal by Mr. Frank C. Lancelloti, Sunnyvale: Council noted the letter of interest received from Mr. Lancelloti who proposed operating a lay-up facility for thoroughbred horses primarily, and if space is available, to board local horses. -4- CITY COUNCIL MINUTES - February 16, 1977 SPECIAL ORDERS (Cont'd): Westwind Barn Proposals (Cont'd): Council expressed appreciation for the interest shown by Mr. Lancelloti, but felt there was no point in discussing his proposal in further detail since a decision had already been made on the subject. 2. Request for Tentative Map Approval, LANDS OF McFADDEN, File #TM2047-76. City Planner John Markl stated that the omissions noted in the former tentative map had been corrected, and the map before Council this evening complied with the Subdivision Ordinance. Mr. Paul Nowack, Engineer for the applicant, stated that the area proposed for subdivision was flat and that no grading was required for the driveway, and that no cuts or fills were necessary. Councilman Proft suggested that, when the lands were flat, as in this case, such a notation might be made on the map so that Council would understand that the question had been addressed and that the map complied with the Subdivision Ordinance. Councilman Proft moved, seconded by Councilman Brown, and unanimously carried by roll call vote, to approve the tentative map, LANDS OF McFADDEN, File #2047-76, as recommended by the Planning Commission and as amended by Council at their d meeting on February 2, 1977. fir' 3. Request for Building Site Approval, LANDS OF SWYRYD, File #BSA6005-73: Council discussion related to concerns about the surface and sub -surface water runoff from the property in question, and the earth recompaction proposed to prevent earth movement. Mr. Merle Swyryd and his Soils Engineer, Mr. Hassan Amer of Terrasearch, Inc., explained how these problems on the property would be handled. Referring to communications received from neighbors regarding the Town's liability and property rights, City Attorney Frank Gillio stated that the Town had to attempt to deal with problems created by any changes in the conditions of the property; however, regarding any rights of the neighbors, Council had no control over this. After further discussion, Councilman McReynolds moved, seconded by Councilwoman Hillestad, to add an additional condition, 2 a), that prior to the issuance of a building permit, a plan shall be presented showing how the surface and sub- surface water on the property will be dissipated. Motion carried unanimously by roll call vote. Planning Commissioner Schick noted the Memo from the City Engineer in which he noted the receipt of additional information which changed the in -lieu fees for Parks and Recreation. f Mayor Cheney moved, seconded by Councilwoman Hillestad, and unanimously carried fir+ to amend Condition 7 d) of the check list to reflect the modification to the in -lieu fees as contained in the Memo from the City Engineer dated January 28, 1977. -5- CITY COUNCIL MINUTES - February 16, 1977 4 SPECIAL ORDERS (Cont'd): LANDS OF SWYRYD (Cont'd): Councilwoman Hillestad moved, seconded by Mayor Cheney, to approve the request for building site approval for LANDS OF SWYRYD, File #BSA6005-73, subject to the conditions as recommended by the Variance & Planning Commission and as amended by Council (above), with the additional condition that a landscaping plan shall be submitted at the time of Site Development which addresses itself specifically to the surface runoff and the proposed grading of the site. Motion carried unanimously by roll call vote. Mr. Robert Melosh, neighboring property owner, also addressed Council relative to the soil stability of the area and the necessity of planting ground cover to prevent soil erosion. 4. a) Request for Tentative Map approval, WILD BARLEY HILL, File #1M2046-76: Mr. Crowe noted that the Planning Commission had recommended approval of subject tentative map for a subdivision located in the area of Hilltop Drive and IS280, and Hilltop Drive and Voorhees. He noted that, at this time, the proposed subdivision had access from Hilltop Drive. Discussion ensued between Council, Staff, Mr. Alan Lambert, Applicant, and Mr. Hassan Amer, Terrasearch, Inc., relative to the width of the proposed road, fault traces found on the property, and the conclusions of the Geologists with `, regard to these traces. Councilman McReynolds expressed concern over the fact that fault traces ran along the proposed road, and the possibility of the road giving away and the inability of emergency vehicles to have access to the area. He suggested that the map be referred back to the Planning Commission for the purposes of minimizing this danger and also to consider the possibility of increasing the setback lines to fifty feet from any fault trace as is presently done in other cities where fault lines have been found. Further discussion revolved around these concerns raised by Councilman McReynolds. Mr. Tim Sandis, Engineer for the applicant, stated that the Town Geologist had approved the geology report done on the property, and that the map submitted was in conformance with the Subdivision Ordinance and State Law. Mrs. J. Carico, Planning Commissioner, reminded Council of the Cotton -Sieh report which had been done several years ago for the Town and which addressed itself to seismic hazards within the Town, and that the Commission had made every effort to assure that the property development conformed to State Law and Town requirements. Councilman McReynolds noted that the tentative map was the last chance for the Town to assure itself that any problems were resolved and necessary improvements were made part of the check list of conditions, and that it behooved Council to see that this was done. Councilman McReynolds moved, seconded by Councilman Proft, that the tentative map, WILD BARLEY HILL, File #TM2046-76, be rejected without prejudice on the basis that it did not conform to the General Plan of the Town, specifically, the 4 Seismic Safety/Safety Element. Motion carried by the following roll call vote: ma CITY COUNCIL MINUTES - February 16, 1977 t SPECIAL ORDERS (Cont'd): aw WILD BARLEY HILL TENTATIVE MAP (Cont'd): AYE: Councilmen Brown, McReynolds, Proft NO: Councilwoman Hillestad, Mayor Cheney b) Request for Tentative Map approval, LANDS OF BAARDNES, File #TM2045-76. City Manager Robert Crowe noted that this proposed subdivision was located off Fremont Road and next to Lands of Hayward, which had received tentative map approval by Council previously. At the time of that approval, Mr. Crowe stated that plans had been drawn up to improve the drainage in the area and to improve East Barron Creek. However, property owners in the area had refused to grant easements to the Town which were necessary to make these improvements, and the drainage improvements had been scrapped as a result. However, some of the neighbors in the area had requested that the drainage improvements be considered at this time, and a new plan had been submitted which would require an additional expenditure of funds. Mr. Crowe suggested that, if Council agreed to improvements being made at this time, that the property owners and the developer be required to pay the additional costs. Mr. Charles Reed, Osterlund Enterprises, developers of the property, stated that there were no objections to the conditions recommended by the Planning Commission. He stated that, during discussions with Staff, many comments had been received from the neighbors in the area. He stated that his Company would like to see the drainage improvements made to East Barron Creek at this time, and that the difference in costs between the plans would be approximately $3,000. However, he felt that this plan would result in a flow line more compatable with the natural drainage in the area. Council concensus was that the drainage problems, because they did not directly relate with the tentative map approval, should be addressed at another time when a plan was submitted for their consideration. Other questions addressed were the driveway accesses and whether the house on the property would require a conditional exception to the Subdivision Ordinance if it were to remain. Mr. Reed responded that the house would be removed. Councilwoman Hillestad moved, seconded by Councilman McReynolds, and unanimously carried to amend Condition #8 by placing a period after the word "premises", and eliminating the remainder of the sentence. Councilman Brown moved, seconded by Councilwoman Hillestad, and unanimously carried by roll call vote to delete Condition #11 as recommended by the Planning Commission and substitute: "Final Map shall not be approved until a solution to the downstream drainage has been developed and approved by Council." Councilwoman Hillestad moved, seconded by Councilman Brown and unanimously carried by roll call vote to approve the tentative map, LANDS OF BAARDNES, Fite #TM - 2045 -76, subject to the conditions as recommended by the Planning Commission and as amended by Council (above). -7- CITY COUNCIL MINUTES - February 17, 1977 SPECIAL ORDERS (Cont'd): 4W 5. Presentation of Council Sub -Committee Report on Town Equipment. Councilman McReynolds gave a brief background of the problems which led to the formation of the Sub -Committee composed of himself and Councilman Brown, stating that their charge had been to investigate the legal, nuisance, and economic aspects in an effort to find a solution to the problem. He gave a brief history of his background prior to his presentation, stating that he had served on the Pathway Committee in 1968; was appointed to the Planning Commission in 1969 and served two years there as Chairman during which time the General Plan had been developed; served as a member of a sub -Committee in which the Zoning Ordinance was produced. After this, he was elected to the City Council for a term expiring in March 1976. Councilman McReynolds stated that the Sub -Committee, during their investigations, had considered the General Plan of the Town; the Municipal Code; the Appellate briefs, Findings of Fact, and the Judge's opinions relating to the case of Ybarra et. al. vs. the Town of Los Altos Hills; and the letters from Attorney Robert Anderson and City Attorney Frank Gillio. Zoning Ordinance changes since 1959 and the deed of gift from Mr. Fowle relative to Town Hall property had also been studied. With regard to the legal aspects of the problem of Town Equipment, the findings were as follows: 1) The Town has a clear and well-defined responsibility to expeditiously and economically repair and maintain its publicly owned property; 2) Other governmental agencies such as the Water District and Community College District are specifically exempt from compliance with the Town's zoning ordinance; 3) Under a reasonably broad set of criteria, the Town may change or amend its zoning ordinance without incurring substantial risk to the ordinance as a whole, and that, in fact, the zoning ordinance has been changed, modified or amended at least fourteen times since 1959. Sub -Committee conclusions: 1) The Town is presently in violation of its zoning ordinance through the use of a Town Hall and Administrative Offices and the use of Town property as an equipment and maintenance yard, which must be corrected. Recommendations: If Council concludes that a maintenance operation is economic and that the nuisance factor can be mitigated, the Committee recommends: a) Amending the zoning ordinance and bring it into conformance with the General Plan of the Town; b) Locate and establish a facility for storage and maintenance of Town -owned maintenance equipment; and c) take immediate steps toward bringing the zoning ordinance and other ordinances into compliance with the General Plan. Regarding the organization and economics of the Maintenance Department, the Committee reported that responsibilities, functions.and the budget of the Street, Pathway and Parks Department were reviewed; the quantity and quality of work was examined; Outside contractors and rental agencies had been contacted regarding comparative prices; Personnel qualifications were reviewed, and the Town's Auditors had been interviewed. Conclusions: To have the total amount of services performed by outside contractors, the cost would have increased a minimum of $25,000 for a six month period, and to maintain a consistent level of services, a tax increase of 26% or more would be required; there was no evidence indicating substantial inefficiency, but the Committee had some recommendations for im- `r provements, CITY COUNCIL MINUTES - February 16, 1977 4W SPECIAL ORDERS (Cont'd): Sub -Committee Report on Town Equipment (Cont'd): Committee recommends regarding Maintenance Department: 1) Retention of Streets and Maintenance activity; 2) establishing a simplified job -cost system for tying the activity expenditures to individual jobs and budget items; 3)consideration of appropriating $20,000 to $30,000 for the acquisition and construction of a facility at a location where environmental, noise and visual nuisances will be mitigated. With reference to the nuisance factor, the Committee observed each operation site of corporation yards located within theTown boundaries for visual and acoustic effect on the surrounding neighbors and passersby. Many slides were taken for presentation at the meeting this evening. Conclusions and Recommendations: Any equipment storage and maintenance facility should be located, designed and constructed in a location, and in a manner that will not create a material nuisance and will meet the environmental requirements of State Law. (NOTED FOR THE RECORD: A complete text of the Committee Report and backup material is available for review at Town Hall.) Councilman Brown stated that the cost comparisons had been developed which sub- stantially supported the conclusions of the Committee. Mayor Cheney did not feel that the Town kept adequate records in order to make such comparisons, and thus, the data presented was nullified. Councilman McReynolds stated that the absence of a cost accounting system did not hide or alter the information the Committee was able to ascertain. Comments were heard from the following people with regard to the Report: Mrs. T. Schick, Weston Road Mrs. Lou Cox, Conejo Court Mr. Oscar Sobel, Christopher's Lane Dr. John Redpath, St. Francis Dr. Mr. A. M. Laws, Hooper Lane Mrs. Margaret Hahn, Esperanza Dr. Mr. Robert Olson, Esperanza Drive Mrs. Alma Wood, Stonebrook Dr. Mrs. J. Carico, O'Keefe Lane Mr. R. J. Hahn, Esperanza Dr. Mrs. Diana Miller, Vista del Valle Mr. Larry Giller, Vinedo Ln. Mr. Stan Grabowski, LaLanne Ct. After further discussion by Council, Mayor Cheney moved to direct the City Manager to set up a schedule for phasing out the Town's maintenance facility over a 90 -day period and going to a contractor to do the work presently accomplished by the Town's Crew. Motion died for lack of a second. Councilman McReynolds moved, seconded by Councilman Proft, to direct the Planning Commission to initiate hearings to amend or modify the zoning ordinance for the purpose of brining it into compliance with the General Plan; specifically, to cause the Town Hall site to be called "Ad- ministrative Offices, Meeting Hall and Water District Offices only. Motion carried by the following roll call vote: AYE: Council Members Brown, Hillestad, McReynolds, Proft NO: Mayor Cheney ABSENT: None ABSTAIN: None CITY COUNCIL MINUTES - February 17, 1977 SPECIAL ORDERS (Cont'd): Sub -Committee Report on Town Equipment (Cont'd): In response to Council's question, City Attorney Frank Gillio stated that such an action would not jeopardize the Town's one -acre zoning, and Councilman McReynolds stated he felt that such action would strengthen the zoning ordinance. Mayor Cheney did not think that it was necessary to change the zoning Ordinance, and suggested that a Conditional Use Permit be issued in its place. He stated he would rather see an amendment to the Ordinance regarding Use Permits. With regard to the direction to the Planning Commission, Councilwoman Hillestad did not think that Council should tell the Commission what it wanted in this regard; rather, she thought hearings should be held and the Commission should come back to Council with their recommendations as to how this amendment or modification should be accomplished. Concensus of Council agreed. Mayor Cheney wished to go on record as opposing this motion and stated that he felt that it was a subterfuge on the part of other Council Members. Council Members objected to Mayor Cheney's statement, and Councilwoman Hillestad wished it stated for the record that there was no attempt at subterfuge on her part. Councilman McReynolds moved, seconded by Councilwoman Hillestad, that the City Manager be directed to develop a simplified cost accounting system covering the Maintenance Department and all related activities to be initiated within the next pay period. Councilman Brown stated that, before Council acted on Councilman McReynolds motion, the Council should deal with the question of keeping the Town's equipment. Councilman Brown moved, seconded by Councilman McReynolds, that the Town continue the ownership and operation of their maintenance equipment and employment of the Maintenance Crew. Motion carried by the following roll call vote: AYE: Council Members Brown, Hillestad, McReynolds, Proft NO: Mayor Cheney ABSENT: None ABSTAIN: None Councilman McReynolds motion (above) relating to implementation of a simplified cost accounting system for the Maintenance Department carried unanimously by roll call vote. Councilman McReynolds moved, seconded by Councilwoman Hillestad, that the Council Sub -Committee continue its study with the goal of proposing an acceptable site for the maintenance equipment and developing cost proposals for this pian prior to the preparation of next year's budget. Motion carried by the following roll call vote: AYE: Council Members Brown, Hillestad, McReynolds, Proft 4W NO: Mayor Cheney ABSENT: None ABSTAIN: None -10- CITY COUNCIL MINUTES - February 16, 1977 r Council concensus was to continue with the items as scheduled on the evening's M Agenda despite the hour for adjournment having passed. At 1:45 A.M. City Clerk Norma Hislop asked to be excused from the meeting, and City Manager/Deputy Clerk Robert Crowe recorded Council's actions. F. GENERAL ORDERS & UNFINISHED BUSINESS: 1. Consideration of guidelines for expense reimbursement. In compliance with Council's instructions, City Manager Robert Crowe presented a proposed Resolution relative to guidelines for expense reimbursement. After discussion, Council amended page two of the Resolution so that the Description of Traveler included Commissions, Committees, and others traveling in an official capacity for the Town of Los Altos Hills. The standard per diem allowance was reduced to $25.00 from the proposed $35.00; the allowance for the day of departure was reduced to $25.00 from $35.00; and for the day of return from $17.50 to $12.50. Councilman Proft moved, seconded by Mayor Cheney, to adopt Resolution #1020 establishing rules for travel authorization and transportation, and fixing amounts for reimbursement for expenses as amended by Council (above). Motion carried by the following roll call vote: AYE: Councilmen Brown, McReynolds, Proft, Mayor Cheney NO: Councilwoman Hillestad ABSENT: None ABSTAIN: None 2. Appointment to Traffic and Public Safety Committee: Councilwoman Hillestad noted that the former applicant to the Legislative Review Committee, Mrs. Patricia Catlin, had contacted the Town to state that she would be unable to attend meetings at the times scheduled; however, she would like to be considered for the vacancy existing on the Traffic and Public Safety Committee. Councilwoman Hillestad moved, seconded by Councilman Brown, and unanimously carried to appoint Mrs. Patricia Catlin to the Traffic and Public Safety Committee to fill the unexpired term existing to June 30, 1977. G. NEW BUSINESS: 1. Councilman McReynolds moved, seconded by Councilman Proft, and unanimously carried by Roll Call vote that no maps for Subdivisions, Variances, Site Development, Building Site Approval are to be accepted for filing until all items required by the Subdivision Ordinance or any other applicable Ordinance are on the map. 2. Councilwoman Hillestad moved, seconded by Councilman Brown, that the Town develop a Newsletter to be mailed to all residents. Motion carried by the following roll call vote: AYE: Council Members Brown, Hillestad, McReynolds, Proft L NO: Mayor Cheney �r ABSENT: None ABSTAIN: None -11- 4 4 N CITY COUNCIL MINUTES - February 16, 1977 NEW BUSINESS (Cont'd): 3. Councilman McReynolds moved, seconded by Councilwoman Hillestad to direct the Planning Commission to produce a Program to bring the General Plan and Zoning Ordinance into conformance for presentation to Council within thirty (30) days. Motion carried unanimously by roll call vote. 4. Councilman McReynolds moved, seconded by Councilman Proft to direct the Planning Commission to produce a Plan to carry out the six residential areas as specified in the General Plan of the Town. Motion carried unanimously by roll call vote. 5. Councilman McReynolds moved, seconded by Councilman Proft to recruit outside professional help to review the General Plan and bring the zoning ordinance into conformance with it. Motion carried by the following roll call vote: AYE: Councilmen Brown, McReynolds, Proft NO: Councilwoman Hillestad, Mayor Cheney ABSENT: None ABSTAIN: None Councilman Brown reminded Council of Resolution #1010 adopted in December setting Council policy with regard to the term of Mayor. He questioned whether the Council wished to place this matter on Council's next agenda for discussion. In response to Mayor Cheney's question as to the legality of the adopted Resolution, City Attorney Frank Gillio stated that the Resolution set forth Council policy and was not law; therefore the Resolution was not illegal, but merely set forth a Council policy which can be changed or not enforced at Council's pleasure. Mayor Cheney stated that if Council wished to remove the Mayor, the correct motion should be to declare the office of the Mayor vacant and call for the election of a Mayor. Councilman McReynolds stated he would so move to declare the office of Mayor vacant effective March 2, 1977 and call for the election of a new Mayor for the Council Agenda at that meeting. Councilman Proft seconded the motion which carried by the following roll call vote: AYE: Council Members Brown, Hillestad, McReynolds, Proft NO: Mayor Cheney ABSENT: None ABSTAIN: None ADJOURNMENT: Council adjourned at 2:45 A.M. to their next Regular Meeting on arc 2, 1 77. -12- Respectfully submitted, Norma J. Hislop City Clerk