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1970/12/14 City Council MinutesROHNERT PARK CITY COUNCIL MINUTES December 14, 1970 The Council of the City of Rohnert Park met this date in adjourned regular session at 7:35 p.m. in the City Offices, 435 Southwest Boulevard, Rohnert Park with Mayor Smith presiding. Call to Order Mayor Smith called the meeting of the adjourned session to order at approximately 7:35 p.m. Roll Call Present: (4) Councilmen Hopkins, Roberts, Rogers, and Smith Absent: (1) Councilman Buchanan Staff Present: City Manager Callinan, Engineer Hudis, and Bond Counsel Assaf Resolution RESOLUTION AUTHORIZING STOP SIGN No. 70 -152 (Southwest Blvd. at Burton Avenue) City Manager Callinan summarized the resolution. Upon motion of Councilman Hopkins, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 70 -152 was waived and said resolution was adopted. Project No., A staff report was given by City Manager Callinan 1969 -1, Snyder on Snyder Lane Project No. 1969 -1. Lane Mayor Smith declared the scheduled public hearings open on Project No. 1969 -1, Snyder Lane. Bond Counsel Assaf noted that notice of the public hearing on Resolution No. 70 -146 was given by publication in The Clarion and by mailing copies of said resolution to the property owners. He further noted that notice of the public hearing on Resolution No. 70 -147 was given by publication in The Clarion and an affidavit of publication was on file in the office of the City Clerk.. City Manager Callinan read the following letters received regarding Project No. 1969 -1: 1. Letter dated November 18, 1970 from Martin Stone expressing opposition due to the general economy. 2. Letter dated November 18, 1970 from Sonoma Campus Company expressing opposition. 3. Letter dated December 11, 1970 from Robert Asper supporting the project. Page 2. December 14, 1970 4 T.o tteer chanter Tlanomber� l L. l Q7(1 from TR%yc �r.o r. L\.4a. \..i �.AW <.4u .V \...+val a,alyi -f, rJ. .!/ V from 1 \Ir GL�OVlI & Comstock, attorneys for the Forrest W. Benson Trust, expressing opposition. Engineer Milton Hudis explained the need to change the boundaries of the assessment district to include all of the Benson property because all the property would benefit from the drainage improvements. Members of the Council had a discussion and offerred comments concerning the project. Mr. Harrison F. Comstock, attorney representin7_ the Benson Trust, was recognized and spoke in opposition to the project advising that the Benson property will derive no benefit from the improve- ments, there is no interest in developing the property at present, they are not interested in borrowing money to pay the assessment in the hope that the property will increase in value, and suggested that perhaps the drainage could be handled by ditches. He further advised that he had not made an offer to turn over nine acres to the city, as had been stated by Councilman Hopkins earlier in the meeting, but sees it as the only laternative if the present project should proceed. He stated the Benson Trust had a very short cash position and there was no way to pay the pro- po s e d assessments. Mr. Paul Golis was recognized and spoke in support of the project, but suggested installation of swales on the Benson property, such as those at Sonoma State College, to provide drainage west t'en nor - %_ _Land %_Je .. Mr. Art Howard was recognized and advised that, in his opinion, if the change to 1915 Act bonds were not made the project would not have a chance. Engineer Hudis explained that the changes and Y'PrIll"+4nne in wn-nn Alin to annA 12% bond discount rather than the 20% anticipated, and a lower contingency fund, and that perhaps the resulting lower assessment might be accept- able to the trustee for the Benson Trust. Paul Golis spoke again and advised that the assessment for the Benson property could be lowered even further if his suggestions concerning drainage were followed. Art Howard advised he believed he could work with his partners and Engineer Hudis toward reducing Page 3. December 14, 1970 the amount of work to be done and thereby reducing the assessment which would make the project more acceptable. Bond Counsel Assaf advised the Council that a legal majority protest had not been made and recommended the adoption of resolutions overruling protests and abandoning the proceedings and start- ing over with an entirely new project. Engineer Hudis explained ditches could be used to lower the cost of the project, but had originally questioned the advisability of having a ditch 30 -35 feet wide alongside a road, particularly in front of a school, however it could be landscaped and made to look attractive. He advised the drainage portion of the assessment on the Benson property could be reduced substantially if ditches were used. Art Howard stated he wants the road and believes something could be worked out, suggesting the elimination of fire hydrants, curbs and gutters, such as was done on East Cotati Avenue in order to reduce the improvements cost. There being no one further desiring to be heard, Mayor Smith delcared the public hearing closed. Resolution A RESOLUTION OVERRULING PROTESTS ON RESOLUTION OF No. 70 -153 INTENTION NO. 69 -124 (Snyder Lane Street Improve- ment Project No. 1964 Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Hopkins, and unanimously approved, the reading of Resolution No. 70 -153 was waived and said resolution adopted. Resolution A RESOLUTION DETERMINING TO ABANDON IMPROVEMENT No. 70 -154 PROJECT (Snyder Lane Street Improvement Project No. 1969 -1) Bond Counsel Assaf summarized the resolution. Upon motion of Councilman Roberts, seconded by Councilman Rogers, and unanimously approved, the reading of Resolution No. 70 -154 was waived and said resolution was adopted. Bond Counsel Assaf recommended that Engineer Hudis and the property owners meet and work out an agreeable project. Page 4. December 14, 1970 Council Hopkins Councilman Hopkins left the Council chambers at Leaves and Returns this point in the meeting, the time being approxi- mately 9:55 p.m. He returned at approximately 9:57 p.m. 1915 Act Bonds Art Howard initiated a discussion regarding the use of 1915 Act bonds if the Snyder Lane project was nreAAntpa Again, Bond Counsel Assaf advised that 1915 Act bonds would usually have a lowadiscount rate. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and approved by the following roll call vote, the Council expressed intent to nr,�Jr ti use _LU_0 ti bonds if a new Snyder Lane project was initiated: AYES: .(3) Councilmen Roberts, Rogers, and Smith NOES: (1) Councilman Hopkins ABSENT:: (1) Councilman Buchanan Redwood Empire City Manager Callinan brought to the attention of Disposal the Council a check in the amount of $60.00 received from Redwood Empire Disposal Corp. representing the city's share of the proceeds from recycling of newspapres deposited in the bin behind the City Offices. Discussion followed. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, the $60.00 check from Redwood Empire Disposal Corp. will be earmarked for use in the purchase of the public address system for the Community Center. Freeway Overpass City Manager Callinan reported on the status of the freeway overpass and solicited Council authorization to pursue state funding of same. Upon motion of Councilman Rogers, seconded by Councilman Roberts, and unanimously approved, staff was directed to pursue the funding for the freeway overpass including another appearance before the Highway Commission. 1915 Act Councilman Hopkins requested City Manager Callinan Assessments to provide the Council with information on the amounts of delinquent 1915 Act assessments at the next Council meeting. Adjournment There being no further business, the meeting was adjourned at 9:15 p.m. APPROVED: Mayor