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HomeMy WebLinkAboutMINUTES-06/12/1990-AdjournedADJOURNED MEETING OF THE COUNCIL OF THE CITY OF FORT COLLINS, COLORADO Council -Manager Form of Government June 12, 1990 6:15 p.m: An adjourned meeting of the Council of the City of Fort Collins was held on Tuesday, June 12, 1990, at 6:15 p.m. in the Council Chambers in the City of Fort Collins City Hall. Roll call was answered by the following Councilmembers: Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. (Secretary's note: Councilmember Horak arrived at approximately 6:20 p.m.) Councilmembers Absent Staff Members Present Mabry Burkett, Krajicek, Roy Resolution 90-87 Making Appointments to Various Boards and Commissions. Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY Vacancies currently exist, or shortly will exist, on various boards and commissions due to resignations from boardmembers and the expiration of term of members of boards and commissions. Advertisements were placed with the local media in March, and applications were accepted through April. Council received copies of the applications and Council teams interviewed the applicants in May and June. Recommendations for appointments to the following boards and commissions will be made by the Council interview teams: Building Review Board Cable TV Board Commission on Disability Commission on the Status of Women Cultural Resources Board Downtown Development Authority Golf Board Housing Authority Human Relations Commission Landmark Preservation Commission Library Board Liquor/Massage Licensing Authority Natural Resources Advisory Board Parks and Recreation Board Personnel Board Panning:and Zoning Board Retirement Committee Senior Advisory Board Storm Drainage Board Water Board Zoning Board of Appeals ME June 12, 1990 The attached Resolution contains the names of those individuals recommended for appointment by the Council interview teams. As of the printing of this agenda, several interviews had not been completed. Council liaisons will announce the remaining recommendations prior to adoption of the Resolution. In keeping with Council's direction to phase out alternate memberships, many of the vacant alternate positions are not being filled." Councilmember Azari made a motion, seconded by Councilmember Edwards, to adopt Resolution 90-87. City Clerk Krajicek noted that Resolution 90-87 contained changes on the Natural Resources Board and Parks and Recreation Board and stated notification of appointments will be made later this week. The vote on Councilmember Azari's motion to adopt Resolution 90-87 was as follows: Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Items Appropriating Funds from Undesignated General Fund Reserves Following is staff's memorandum on this item: "FINANCIAL IMPACT Approval of Ordinances A, 8, C, and D would appropriate $460,808 from General Fund undesignated reserves reducing the projected 1990 balance from $2,183,763 to $1,722,955. Approval of Ordinance E would reduce the General Fund reserve for buildings and improvements from $1,235,633 to $1,217,633. EXECUTIVE SUMMARY Rather than going through a complex mid -year process for appropriating from General Fund undesignated reserves, Council, at an earlier worksession, suggested that staff bring forth any issues that need to be funded in 1990 so that each issue could be discussed and decided individually. The following Ordinances appropriate monies from General Fund for the specified purposes: Hearing and First Reading of Ordinance No. 64, 1990, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriated Amounts to the Recreation Fund and the Cultural Services and Facilities Fund for Computer Hardware and Software Upgrades. This Ordinance appropriates $174,800 for replacement or upgrade of existing personal computer equipment to meet minimum recommended hardware standards and to provide replacement word processing software for General Fund M June 12, 1990 1 departments that have not been able to accommodate these costs within their current 1990 budget. B. Hearing and First Reading of Ordinance No. 65, 1990, Appropriating Prior Year Undesignated Reserves in the General Fund for Changes to the Financial Management Information System. This Ordinance appropriates $113,906 for programming modifications and additional disk storage so that the financial management information system will meet requirements and can be completed on schedule. Hearing and First Reading of Ordinance No. 66, 1990, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Certain Appropriated Amounts to the Cultural Services and Facilities Fund for Replacement of Box Office Computer Ticketing System. This Ordinance appropriates $137,102 and authorizes the purchase of a new computer system from Artsoft, Inc., to replace the Lincoln Center Box Office ticketing system. D. Hearing and First Reading of Ordinance No. 67, 1990, Appropriating Prior Year Reserves in the General Fund for Printing and Publication of Development Services Policy Agenda Items. This Ordinance appropriates $35,000 to support the printing and publication of documents related to Council policy agenda items being prepared by Development Services. E. Hearing and First Reading of Ordinance No. 68, 1990, Appropriating Prior Year Reserves in the General Fund and Authorizing the Transfer of Appropriated Amounts to the Cultural Services and Facilities Fund for Replacement of Backstage Rigging Equipment. In addition to the appropriations from undesignated reserves, staff recommends that Council appropriate $18,000 from the General Fund reserve for buildings and improvements to replace the backstage rigging equipment at the Lincoln Center. ORDINANCE A Many personal ,,computers in the organization are six to seven years old, and are not adequate;for ,operation of most new software releases. Worker efficiency is reduced because PC's do not meet present needs. For example, employees using word processing software without a hard disk drive must manipulate five different diskettes to make use of all the software features. Equipment downtime is also affecting productivity as replacement parts are difficult to find for the aging equipment. ICS has recommended a minimum PC Workstation configuration for the organization that will insure efficient work and services delivery. As the 1011 June 12, 1990 City moves toward more distributed information processing, it is even more important that workers have equipment that can best take advantage of the technological advances in hardware and software., Many General Fund or supported departments do not have the budgetary flexibility to dedicate funds to new and better hardware and software. This purchase will assist those departments by bringing all existing City PC's up to the 1990 base level recommended in the City's Long Range Plan for Information Services. The minimum configuration recommendation will be reviewed yearly, followed by publication of any changes in the annual budget manual as well as the Long Range Plan annual update. This one time appropriation will bring the entire organization up to minimum workstation configuration levels. Staff recognizes that future computer acquisitions need to be planned for within operating budgets. In the next few months the Council Finance Committee will be asked to review the equipment reserve policy to provide a source of funding for future replacements. OTHER OPTIONS CONSIDERED Departments request upgrades individually in the 1991 budget process. Departments have a variety of supplemental needs. PC upgrades and replacements are different in each department. Staff believes a combined approach is more comprehensive and more equitable to employees. Departments find funding within current operating budgets. Maintaining high quality service to citizens and customers is always a department's priority. Personal computer hardware and software needs, although directly related to how departments provide service, are currently not available. FUNDING REQUEST Funds are requested for the following General Fund departments to upgrade or replace existing equipment. The following information is based on departmental responses in February, 1990. A $5,000 contingency is added to address any oversights. A total of,V PC's wi.11 be replaced, 51 will be upgraded with 40mb hard drives and 94 copies .of word processing software supplied. Replacement Upgrades Software Legislative/Executive: City Council $ 29,500 $ - $ 1,600 City Manager 1,500 1,000 - City Attorney 1,500 1,000 600 City Clerk 1,500 1,500 200 I I INE June 12, 1990 ' Administrative Services: Employee Development 1,500 2,000 600 Finance 18,000 6,000 1,400 General Services 1,500 500 800 Development Services: Building Inspection 12,000. 1,500 1,800 Economic Development - - 400 Engineering 3,000 2,000 2,000 Planning 12,000 1,000 2,400 Natural Resources 3,000 1,000 600 CLRS: Cultural Services $ 1,500 $ 1,000 $ 200 Library 3,000 500 600 Recreation 13,500 2,000 2,800 Parks 1,500 500 800 Police Services 21,000 4,000 2,000 Contingency 5,000 - - Grand Totals $130,500 25,500 18,800 ORDINANCE B On May 2, 1989, Council approved an Ordinance authorizing the $700,000 lease/purchase of hardware and software for the new Financial Management Information System. Resolutions were also approved authorizing the City to purchase the computer hardware from Digital Equipment Corporation (DEC) and the software from Moore Governmental Systems, Inc. Subsequently, on July 18, 1989, the original Resolutions were amended based on contract negotiations with Moore and purchase negotiations with DEC. The final negotiated cost estimates for computer hardware and software modules were: - Fund Accounting module . . . . . . . . . . . . . . . . . . . . . $ 82,620 - Payroll/Personnel modules . . . . . . . . . . . . . . . . . . . . . 116,928 - Purchasing module. . . . . . . . . . . . . . . . . . . . . . . .46,560 - Check Reconciliation module. . . . . . . . . . . . . . . . . .13,900 - Accounts Receivable Billing module . . . . . . . . . . . . .27,760 - Budget Preparation module. . . . . . . . . . . . . . . . . . .65,640 - Fixed Assets module . . . . . . . . . . . . . . . . . . . . . . . . .27,760 - Mainframe hardware . . . . . . . . . . . . . . . . . . . . 210,296 - Other hardware and . . . . . . . . . . . . . . . . . . . . . . . . .66,000 - Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,536 - Total Estimated Costs . . . . . . . . . . . . . . . . . . . . . . $ 700,000 ' A normal part of the process of completing a major software installation involves changes to the system. The City made the decision to purchase the -92- June 12, 1990 system based on City requirements and the ability of the Moore system to ' satisfy those requirements, including modifications. The total cost of the system was estimated to be $700,000, but it was difficult to accurately estimate the cost of all modifications needed to the base system without completing the final design analysis. During the fall of 1989 and continuing into 1990, the City and Moore worked to finalize the City's requirements for the Fund Accounting, Payroll, Personnel, Check Reconciliation and Purchasing modules. This requires tailoring Moore's base system to meet the specific needs of the City. The final analysis work has now been completed and the number of additional programming hours required of Moore has been established. Disk drives were also included in the original cost estimate for computer hardware. It is now apparent that original estimates of data storage requirements were low. Two additional disk drives are needed. OTHER OPTIONS CONSIDERED Rather than requesting additional appropriations, two other options were considered: (1) the null alternative, and, (2) using money earmarked for other modules. Following is a brief analysis of each alternative and the impacts. 1. Null alternative. This option assumes that some or all of the modifications to the system are not made and additional disk storage is not purchased. The disk storage space must be purchased or the system will not function properly even if no modifications are made to the software. If the software modifications are not made, many of the functions would be relegated to PC applications. Since many of these are currently residing on PCs, the new system would be no better than the old one in terms of integration, better reporting and duplication of work. In particular, the lack of integration could result in questionable data integrity. 2. Use money earmarked for future modules. Since the system is an integrated system, it is important that all modules function effectively and efficiently with each other. Using money earmarked for future modules would require additional money to implement such modules or that existing systems be converted to "stand -atones", losing the capabilities of a fully integrated system. Another impact is the potential .problem of approval by the leasing company ("lessor"). The lessor has loaned $700,000 to the City based on the assumption that a11„ modules would be purchased. Any changes in assumptions must be approved. -93- June 12, 1990 ' Purchasing modu 1 e. . . . . . . . . . . . . . . . . . . . . . . . . . 26,690 Report writer for Purchasing module. . . . . . . . . .13,600 Additional hardware disk drives . . . . . . . . . . . . . . . . . . .22,731 Contingency . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10, 000 Total additional funding needed . . . . . . . . . . . . . . . . . .$113,906 It is important to point out that these types of modifications are normal in designing new major computer systems. It is highly probable that staff will be back at a later date to request funds for modifying other modules. There is simply no way to accurately predict the actual cost of extensive modifications until the contract programmer and City users begin work on the modification requests. ORDINANCE C The Lincoln Center has experienced an increasing number of malfunctions with its computerized box office system. The system has a history of hardware and software problems which began when the company that produced the software went out of business. Last fall the Center "lost" its entire database on one occasion, "lost" 113 of the Center's Showstopper Season patron's orders when printing its series tickets, and "crashed" five times in December while printing Children's Series tickets. In one show this season, the system printed 2 tickets to the same 7 seats resulting in 7 ' unhappy patrons receiving refunds. The ICS department has analyzed the system and believes it is close to a total failure in which case the Center will lose all its patron and financial records. Digital Equipment Corporation has donated most of the hardware valued at $38,000, necessary to use with this new software package. Together, the new hardware and software will allow Lincoln Center to avert an emergency situation and to improve service to the public. Staff is requesting a supplemental appropriation of $117,102 for a new system provided by Artsoft Inc. and $20,000 for a six-month contractual position in the ICS Department to assist in installation and data conversion. Of this request, $727,622 would be a one-time appropriation and $9,480 would be needed annually for Lincoln Center to fund the ongoing maintenance support and additional phone line charges the system requires. Box Office COmDUter Total Software Cost (Artsoft) $68,824 Hardware (in addition to donation) 32,565 Hardware Maintenance (3 year contract - Digital) 3,233 Computer Analyst (6 month contract) 20,000 TOTAL ONE TIME EXPENSE $124,622 -94- June 12, 1990 ONGOING Software Maintenance (per year) Phone Line Charges TOTAL ONGOING EXPENSES Contingency $ 8,280 1,200 ORDINANCE D 9.48 $134,102 3,000 $137,102 The 1989-90 Council Policy Agenda assigned a number of projects to divisions within Development Services. Work on such projects requires that preliminary and final reports be made available to the public as part of a citizen participation process. To make copies of staff recommendations and final approved documents available to the public will require the printing and publication of the recommended and final Policy Agenda items. Staff anticipates the following projects will require printing as part of the policy review and approval process: Pro.iect Harmony Corridor Plan LDGS Audit Environmental Management Framework Wetlands & Wildlife Habitat Policy Natural Areas Policy Plan East Side/West Side Implementation Ordinance Printings Preliminary Final Estimated Cost Yes Yes $ 8,500 Yes Yes 5,000 Yes No 5,000 No Yes 7,000 Yes Yes 6,000 Yes Yes 3,500 $ 35,000 The base budgets of affected departments did not include costs associated with printing documents associated with Policy Agenda items. The existing Development Services budget does not have des ignated/undesignated reserves sufficient to meet the anticipated printing and publication costs. The 1990 Development Services budget set aside $20,912 for printing requirements of six departments. A71 funds are committed to continuing printing requirements such as brochures, permits, forms, agenda packets, mass mailings, procedural manuals, plans, reports, etc. The Policy Agenda items listed above are in addition to the current budget and are the basis for this request for a.supplemental appropriation. -95- June 12, 1990 ' ORDINANCE E After a thorough review of stage equipment by Terry Palmer Stage Services, it has been determined that 12 years of heavy usage has taken its toll on the Center's rigging equipment. Eight areas of concern were identified by Stage Services which raise questions about the safety of some backstage equipment. The eight problems are: dry splintering of the rope; stretch beyond 314" minimum thickness: outer core of wire rope loosening from inner core leading to shock rating exceeding safe levels; bent, non-functioning spreader bars and nut plates; bent stop block; wire rope sagging, trim chain repair; and corrosion of headblock area. This Ordinance appropriates $18,000 from General Fund reserves for buildings and improvements for the replacement of backstage rigging equipment." Director of Administrative Services Pete Dallow described the recommended mid -year funding appropriations in the proposed ordinances. Councilmember Winokur made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 64, 1990 on First Reading. Bruce Lockhart, 2500 East Harmony Road, expressed concern about the cost of the computer upgrades for Councilmembers. ' Pete Dallow explained the process for replacing the HP-110 computers used by Council and noted the recommended upgrades include portable computers and software. ICS Director Marsiea Dahlgren stated the appropriation was an estimate and will be based on Council's selection of portable computers. Councilmember Edwards asked if there was a use for the existing computer equipment. Pete Dallow stated that staff will look internally for areas that need computer equipment or the equipment will be auctioned to defray the cost of the new equipment. Councilmember Winokur expressed concern that if computer upgrades are not made, General Fund departments will' be forced to leave the distributive processing system which will place larger demands on the central system. He noted the importance of having workstations at the appropriate level and encouraged the City Manager's Office to establish a comprehensive budget and finance package for the entire computer system within the 1991 Budget. He stated he believed the City's system was inadequate and should be upgraded as soon as possible. Councilmember Horak spoke against the motion and expressed concern about ' departments not efficiently budgeting funds. June 12, 1990 Councilmember Edwards stated that the funding request could wait till the I normal budget cycle. The vote on Councilmember Winokur's motion to adopt Ordinance No. 64, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Kirkpatrick, Maxey, and Winokur. Nays: Councilmembers Edwards and Horak. THE MOTION CARRIED. Councilmember Azari made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 65, 1990 on First Reading. Yeas: Councilmembers Azari, Edwards, Kirkpatrick, Maxey, and Winokur. Nays: Councilmember Horak. THE MOTION CARRIED. Councilmember Maxey made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 66, 1990 on First Reading. Councilmember Edwards asked about the urgency associated with replacement of the box office computer system. Pete Dallow stated that it was originally thought that the box office system would last through 1990 and stated the urgency related to the upcoming Show Stoppers Series. Councilmember Maxey asked how soon the new system would be running. Director Cultural Services and Facilities Dave Siever stated the new system should be running by the end of August. Councilmember Azari commented on the box office computer problems at the Lincoln Center. Dave Siever described the box office computer problems affecting the customers with respect to double seatings, malfunctions, break -downs, and noted the present system is no longer dependable. Kathleen Byington, 1625 Waterford Lane, Chairperson, Lincoln Center Board of Directors, read a letter of support for the new box office system. Jane Folsom, Cultural Resources Board Chairperson, read a letter in support of the Lincoln Center box office system and encouraged Council to adopt the ordinance. Councilmember Horak spoke in support of the ordinance and commented on the need for the new system. Councilmember Edwards commented on the urgency behind the ordinance and I spoke in favor of its passage. -97- June 12, 1990 ' The vote on Councilmember Maxey's motion to adopt Ordinance No. 66, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Councilmember Edwards made a motion, seconded by Councilmember Azari, to adopt Ordinance No. 67, 1990 on First Reading. Mayor Kirkpatrick asked why the item had not been anticipated with respect to the Council policy agenda and the 1990 Budget. Development Services Director Mike Davis explained why the printing and publishing costs were not included in the 1990 Budget. Mayor Kirkpatrick stated she would not support the ordinance and stated she believed the funding was unnecessary. The vote on Councilmember Edwards' motion to adopt Ordinance No. 67, 1990 on First Reading was as follows: Yeas: Councilmember Azari. Nays: Councilmembers Edwards, Horak, Kirkpatrick, Maxey, and Winokur. IL'II■SUI�GL`■y:�l���� Councilmember Edwards made a motion, seconded by Councilmember Maxey, to ' adopt Ordinance No. 68, 1990 on First Reading. Jon Whatley, Technical Production Coordinator, narrated a video and explained the backstage rigging problems. Councilmember Horak asked when the rig tests were conducted. Jon Whatley stated the rigging tests were begun in December of 1987 and carried into 1988 and noted the test results were received in June 1988. Councilmember Horak asked why there was a two year funding request delay. Director Cultural Library and Recreational Services Mike Powers stated the funding request was submitted to the budget process as soon as the extent of the problems were realized and commented on the priority issues. Councilmember Horak suggested"that a safety requirement should be funded by Cultural Library _and Recreational Services or the City Manager's Contingency Fund. Director Cultural Services and Facilities Dave Siever explained the Lincoln Center budget process and described the maintenance cutbacks within the department. He stated the only solution to the backstage replacement of the rigging equipment was a supplemental request. Pete Dallow commented on last year's unfunded supplemental requests and noted staff believed replacing of the rigging equipment was important with SoFIN June 12, 1990 respect to the Lincoln Center's function. He stated it was appropriate to fund the backstage rigging equipment from the Building Improvement Reserves. Councilmember Edwards asked about other funding resources. Pete Dallow noted the City Manager's Contingency Fund was available or the project could wait until the upcoming funding cycle. He noted it would be a priority in the 1991 Budget. Councilmember Winokur asked what the building reserves are used to fund. Pete Dal low stated the building reserve funds are used for major maintenance within the City. Councilmember Edwards stated he believed it was not appropriate to fund the replacement equipment on a supplemental basis and preferred that the funding be handled in the upcoming budget process. He stated he believed that since the problem was identified twelve to eighteen months ago, the replacement equipment could be delayed a few months and stated he would not support the motion. Mayor Kirkpatrick commented on the problems associated with facilities maintenance funding for unexpected items needing attention and spoke of the financial disadvantage that Cultural Library and Recreational Services experiences. Councilmember Winokur commented on community receives from the Cultural stated the designated reserves for accommodate the improvements. the one-to-one benefits that the Library and Recreational Services and building improvements was designed to Councilmember Maxey spoke in favor of the motion and stated he was impressed with the detailed video. He expressed concern about the safety of the current backstage rigging equipment. Councilmember Edwards encouraged Council to find ways during the 1991 Budget process to provide additional funding for similar problems. Councilmember Horak expressed concern that the backstage rigging equipment has gone unrepaired for two years. The vote on Council member Edwards' motion to adopt Ordinance No. 68, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Kirkpatrick, Maxey, and Winokur. Nays: Councilmembers Edwards and Horak. THE MOTION CARRIED. 1 J June 12, 1990 Ordinance No. 69, 1990, Appropriating Prior Year Undesignated Reserves in the General Fund for Election Expenses, Adopted on First Reading Following is staff's memorandum on this item: "FINANCIAL IMPACT The City Manager recommends that the estimated $15,914 for the July 10 special city election be appropriated from prior year undesignated reserves. Approval of this ordinance would reduce the projected 1990 General Fund undesignated reserves balance from $1,722,955 to $1,707,041. EXECUTIVE SUMMARY A special city election has been called for July 10 for city voters to consider a proposed ordinance relating to collective bargaining/arbitration for police employees. The estimated cost for the election is $15,914. Funds need to be transferred to the election account to cover election costs incurred by the City Clerk's office in the administration of the election." City Clerk Wanda Krajicek gave a brief presentation on the resolution which called the special election on July 10, 1990. Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Ordinance No. 69, 1990 on First Reading. Councilmember Winokur asked how special elections have been funded in the past. Deputy City Manager Diane Jones stated that the regular elections are budgeted for and noted that special elections are not a budgeted expenditure. Councilmember Horak asked why the special election was funded out of the General Fund undesignated reserves versus the City Manager's Contingency Fund. Deputy City Manager Diane Jones stated the operating contingency fund has diminished and should be kept available for'emergency funds. She stated it was appropriate to use funds from the undesignated reserves. Councilmember Horak asked about the election funding process in previous years. City Clerk Wanda Krajicek stated that in past years, the operating contingency fund has been larger and noted that it has diminished over the -100- June 12, 1990 past five years. She stated that it would be better to use the remaining t funds for emergency expenditures rather for the election and noted the decision was based on the City Manager's recommendation. Councilmember Winokur stated the election was a normal operation of City government and an unforeseen expense and stated the special election was a legitimate function that should be funded. The vote on Councilmember Horak's motion to adopt Ordinance No. 69, 1990 on First Reading was as follows: Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Maxey, and Winokur. Nays: None. THE MOTION CARRIED. Resolution 90-91 Making Findings of Fact Regarding the Appeal of the Planning and Zoning Board Recommendation to the Planning Director of Denial of the Administrative Change to Add a Drive-thru Lane, Service Window, and Landscaping to the Giant Video Store in the Cimarron Plaza P.U.D.. Adopted Following is staff's memorandum on this item: "EXECUTIVE SUMMARY On May 15, 1990, Donald Slack of S7ack-E17erman Architects filed a Notice of Appeal of the May 7, 1990 decision of the Planning and Zoning Board to recommend to the Planning Director the denial of an administrative change request. The administrative change request consisted of adding a drive-thru lane, service window, and landscaping to the Giant Video store located in the Cimarron Plaza P.U.D. On June 5, 1990, the City Council voted 4-3 to recommend to the Planning Director that the administrative change be denied. In order to complete the record regarding this appeal, the Council should adopt a Resolution making findings of fact and recommending to the Planning Director that the administrative change request be denied. BACKGROUND The appellant filed the appeal of the Planning and Zoning Board recommendation of denial based on the following allegations: That the Planning and Zoning Board abused its discretion in that its decision was arbitrary and without the support of competent evidence in the record. 2. That the Planning and Zoning Board failed to properly interpret and I apply relevant provisions of the Code and Charter and the Land Development Guidance System. -101- *I1 Jul,,2 12, 1990 ' The City Council considered the written and verbal testimony of the Planning Department, the appellant, and the principals of the Giant Video store. In subsequent discussion, the Council determined that the Board's decision was not arbitrary and was properly supported by competent evidence in the record. The further found that the Board properly interpreted and applied relevant provisions of the City Code. By a vote of 4-3, the City Council elected to recommend to the Planning Director that the administrative change be denied." Councilmember Horak made a motion, seconded by Councilmember Winokur, to adopt Resolution 90-91. Councilmember Horak asked if the parties involved were notified of the resolution before Council. City Attorney Roy stated that the parties involved had not been notified and stated it made sense to have the Resolution before Council so that the parties needing to know the final appeal result would not have to wait until July 3. He noted the Resolution summarizes Council's findings and contains no surprises with respect to the result. He noted that judicial review can not be sought until the final decision. Mayor Kirkpatrick stated she believed it should be standard operating ' procedure to notify the parties in interest when the issues are being discussed. The vote on Councilmember Horak's motion to adopt Resolution 90-91 was as follows: Yeas: Councilmembers Azari, Horak, Kirkpatrick, and Winokur. Nays: Councilmembers Edwards and Maxey. THE MOTION CARRIED. Other Business Councilmember Horak asked about the progress on the ditch situation regarding education and coordination. Mayor Kirkpatrick suggested the ditch issue could be discussed during the worksession. -102- June 12, 1990 Adjournment ' Councilmember Maxey made a motion, seconded by Councilmember Azari, to adjourn the meeting. Yeas: Councilmembers Azari, Edwards, Horak, Kirkpatrick, Mabry, Maxey, and Winokur. Nays: None. The meeting adjourned at 7:25 p.m. M,TYQr TTEST: 0 City Clerk -103-