HomeMy WebLinkAbout02-27-1996 CC Adopted MinutesREGULAR MEETING ~ February 27, 1996
A regular meeting of the Dublin City Council was held on Tuesday, February 27,
1996, in the Council Chambers of the Dublin Civic Center. The meeting was called to
order at 7:00 p.m., by Mayor Houston,
ROLL CALL
PRESENT:
ABSENT:
Councilmembers Barnes, Burton, Howard, Moffatt and Mayor Houston.
None
PLEDGE OF ALLEGIANCE
Mayor Houston led the Council, Staff and those present in the pledge of allegiance to
the flag.
INTRODUCTION OF NEW EMPLOYEE
7:01 p.m. 3.1 (700~10)
Assistant to the City Manager Texeira introduced Dean A. Johnson, the City's new part
time Community Safety Assistant, who started with the City on February 12. Dean will
be coordinating the City's disaster preparedness program. He has a range of
experience in the areas of municipal government and public safety. He worked as a
Code Enforcement Officer with the City of Ceres, for the Stanislaus County Sheriffs
Department and the West Chicago Police Department.
Dean stated it is good to be here, and mentioned that he had prepared a report on the
Consent Calendar already.
St. Patrick's Day Parade - Policy on Alcohol (950-40)
Debbie White, 6766 Onyx Place, asked questions about a no alcohol policy for the St.
Patrick's Day parade. She has coordinated the Girl Scouts being in the parade for the
last 2 years. She has spoken with Bill Burnham who she understands is responsible for
the parade, and also with his wife. She did not feel that alcohol belongs in our parade.
Her daughter is really uncomfortable when the Clampers come by. She read a letter
from her 7th grade daughter stating she felt the Clampers set a very bad example.
They make fools of themselves.
Ms. White stated they carry a keg and have cups that they fill during the parade. To
sensitive young kids, this is not appropriate.
Mayor Houston asked if we have a no alcohol policy on public streets now.
Cm. Barnes stated other groups had also brought this up and asked what we could do
about it.
Mayor Houston felt there should be no alcohol in the parade.
Ms. Silver advised that it could be made a condition of the parade permit.
Chief Rose stated this isn't specifically spelled out in the permit. He stated this has
come up in the past and it was his understanding that the people who offer the permits
were going to monitor it. The Police have never enforced this law, but stated he would
take direction from the City Council.
Mayor Houston felt we should let all groups know that alcohol isn't allowed in and
during the parade. He felt the Clampers are a good group and they do a lot of good
things.
Chief Rose suggested that he be directed to draft a letter and let Bill Burnham know
about the discussion.
Ms. Silver referenced DMC Section 5.92.010; the ordinance is in. place. This section
deals with drinking on public streets and drinking in parking lots.
Chief Rose stated he was aware that we have the ordinance, but it has not been
enforced at the parade.
Mayor Houston felt a letter should be sent as soon as possible.
Cm. Moffatt stated he would talk to the Lions Club also.
Mayor Houston stated he is a member of the Clampers and they have a lot of fun.
Cm. Howard stated she did not feel a lot of them are drunk, but that this is just part of
their act.
Karen Sevilla, 7754 Topaz Circle thanked the City Council for the funds given them
for the PEP program. She stated she also was very concerned about the Clampers. The
idea of them pretending to be drunk is even worse and certainly not a good example
for the children. She requested that the City go further and ask them to not have the
pretense of being drunk.
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Dawn Gallup, 8375 Davona Drive, stated she is a PEP instructor. She also would like
the adults to set an example for the children. Alcohol is not something to have fun
with. Adults should be responsible for their actions.
City Subsidized Childcare (330-20)
Ms. Gallup stated she was actually present to discuss childcare funding through the
City. Resources for Family Development (RFD) has approached the City in the past to
request funds to educate and train providers in the area. Livermore and Pleasanton
presently fund RFD to help boost the profession of family childcare. Dublin does not
participate in this program. People in Dublin in this profession will not be recognized
because the City doesn't support or back this program. She volunteered to get more
information for the City Council.
She also heard about a neon sign going up on the hill to boost us, and stated she
opposed this.
Mayor Houston explained the context in which this comment was made. It was not
serious. The City Council was discussing ways of promoting Dublin and this comment
was a joke. The newspaper article was misleading.
She stated she was excited about the possibility of the fire districts coming together.
Mayor Houston commented that last fiscal year the group, RFD did not apply for
funding. They have to keep applying. She should send the City a letter and then the
City Council will consider the request at budget time. The letter should be directed to
the City Manager.
Boy Scout Troop 549 (130-40)
Mayor Houston recognized Boy Scouts Troop 549 which was present in the audience.
Chuck Athey is their leader.
Cm. Burton stated he was going to give them some City background, before he learned
that both Mr. Reuel's and Mr. Ambrose's sons were in the group.
The City Council welcomed the Scouts to the meeting.
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CONSENT CALENDAR
7:18 p.m.
On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the
Council took the following actions:
Approved (4.1) Minutes of Joint City Council/Planning Commission Study Session of
February 6, and Regular Meeting of February 13, 1996;
Adopted (4.2 360-50)
RESOLUTION NO. 24 - 96
DIRECTING PREPARATION OF ANNUAL REPORT FOR
CITYWIDE STREET LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-1
Adopted (4.3 360-20)
RESOLUTION NO. 25 - 96
DIRECTING PREPARATION OF ANNUAL REPORT FOR
LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT 83-2
(TRACT 4719)
Adopted (4.4 360-20)
RESOLUTION NO. 26 - 96
DIRECTING PREPARATION OF ANNUAL REPORT FOR
LANDSCAPING & LIGHTING MAINTENANCE ASSESSMENT DISTRICT $6-1
(TRACT 5511)
AdOpted (4.5 520-30)
RESOLUTION NO. 27 - 96
REVISING MULTI-HAZARD FUNCTIONAL PLAN
(STANDBY OFFICERS)
Accepted (4.6 150-70) Gifts of $600 from Markstein Enterprises and Community
First National Bank to be used for the St. Patrick's Day celebration; directed Staff to
prepare formal acknowledgments to the donors; and approved the Budget Change
Form;
Approved (4.7 350-20) the Budget Change Form for the purchase of a refrigerator at
the Dublin Senior Center;
Received (4.8 330-50) the Financial Report for the month of January, 1996;
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Authorized (4.9 600~30) Staff to advertise Contract 96-02, 1995-96 Annual Street
Repair and Overlay Project for bids;
Approved (4.10 300-40) the Warrant Register in the amount of $467,409.19.
PUBLIC HEARING PROPOSED AMENDMENTS
TO TITLE 9 (SUBDIVISIONS) OF DUBLIN MUNICIPAL CODE
7:19 p.m. 6.1 (410-50)
Mayor Houston opened the public hearing.
Public Works Director Thompson presented the Staff Report and discussed various
amendments to the City's Subdivision Ordinance. ~ The changes would include the
latest state laws and would ease the submittal requirements for Vesting Tentative
Maps. The ordinance was introduced at the February 13, 1996 City Council meeting
and there was no public comment at that public hearing.
Mr. Thompson stated the attorney for the Dublin Unified School District requested
additional time to review the subject ordinance changes, and has therefore asked that
this item be continued until the next Council meeting.
Mr. Ambrose felt as a courtesy to Dublin Unified School District, the City Council
could consider continuing the item.
Mayor Houston referenced a letter from Thurbon &.Youngblood,.the Livermore School
District Attorneys, which had been faxed to City offices this afternoon. The City
Council had not had a chance to review their comments.
No testimony was given by any member of the public relative to this issue.
On motion of Cm. Burton, seconded by Cm. Howard, and by unanimous vote, the
Council continued this item to the March 12, 1996 City Council meeting.
PUBLIC HEARING
AMENDMENT TO CITY OF DUBLIN CONFLICT OF INTEREST CODE
7:22 p.m. 6.2 (640-40)
Mayor Houston opened the public hearing.
City Attorney Silver stated at the February 13, 1996, City Council meeting, the Council
introduced an ordinance amending Section 2.24.020 of the DMC in order to designate
the new position of Community Development Director to the list of employees required
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to complete annual Statements of Economic Interest. The statements must be
completed and disclosure made in accordance with Categories 3 and 4.
No testimony was given by any member of the public relative to this issue.
Mayor Houston closed the public hearing.
On motion of Cm. Burton, seconded by Cm. Moffatt, and by unanimous vote, the
Council waived the reading and adopted
ORDINANCE NO. 3 - 96
AMENDING SECTION 2.24.020 OF THE DUBLIN MUNICIPAL CODE
RELATING TO THE CITVS CONFLICT OF INTEREST CODE
REVISION TO EASTERN DUBLIN TRAFFIC IMPACT FEE/AREA OF BENEFIT FEE
7:23 p.m. 6.3 (390-20)
Mayor Houston opened the public hearing.
Public Works Director Thompson advised that on January 23, 1996, the City Council
opened and continued a public hearing to consider proposed revisions to the City's
existing Traffic Impact Fee for Eastern Dublin. Prior to that meeting, Staff received
requests from property owners to have the opportunity to discuss the revisions in more
detail.
Mr. Thompson stated Staff has revised the method of valuing right-of-way and is
scheduling a meeting with the property owners to discuss the revisions before the
matter is brought back to the City Council.
Cm. Moffatt asked if there would be any alternatives for subsidized housing or the
concept of a tax transfer fee, etc., that might be used to help people building new
houses deal with such large fees.
Mr. Ambrose stated they would be looking at this when they get into the inclusionary
housing ordinance. This is where they would look at these types of issues.
Cm. Moffatt stated he was interested in the TVTC regional fees.
Mr. Thompson stated on this particular fee if a developer has a major street near his
property, he is going to get credit for that. There will be credit offsets in this.
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Cm. Moffatt stated he was interested in having some kind of a policy.
Mr. Ambrose advised that we have certain obligations in accordance with our
agreements with Pleasanton and BART. We have to come up with a mechanism to
fairly assess everyone. The fees might be spread over a length of time.
Ms. Silver stated assessments are also covered under the Right to Vote legislation. If it
qualifies for the ballot, we will need to look at what infrastructure can be financed
through an assessment district.
No testimony was given by any member of the public relative to this issue.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council continued the item to the March 26, 1996 City Council meeting.
PARKING OF OVERSIZE VEHICLES
7:29 p.m. 7.1 (570-20)
Public Works Director Thompson presented the Staff Report and stated as a result of
discussions regarding parking issues on Donlon Way, the City Council requested that
Staff look into oversize vehicle parking in general throughout the City. At the present
time, the City has the following oversize vehicle restrictions: 1) Two-hour parking for
commercially licensed vehicles over 10,000 lbs. gross weight; and 2) Commercially
licensed vehicles over 6,000 lbs. gross weight are prohibited fromusing residential
streets except when making deliveries.
These restrictions are Citywide and signs to this effect are posted at City entrances.
There is an additional restriction on some commercial streets which entirely prohibits
parking of vehicles over 20' in length, where large trucks tend to cause visibility
problems or the street is too narrow for truck parking. An alternative to the over 20'
in length restriction is the over 6' high restriction, which is used near intersections
where tall vehicles cause a sight distance problem, but cars do not.
Mr. Thompson stated there are presently no Citywide restrictions against on-street
parking of campers, motor homes, trailers, or other vehicles that are not commercially
licensed, except for the California Vehicle Code regulations and the Dublin Municipal
Code regulations that would also affect passenger cars. There are zoning regulations
that affect parking of vehicles on private property, including requirements that the
vehicles be currently licensed and parked on an all-weather surface. The City Council
recently adopted a no trailers parking restriction on Donlon Way.
Mr. Thompson reviewed the 5 allowed types of regulations discussed in the Staff
Report which could be enacted by ordinance or resolution.
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If the City Council wishes to pursue certain restrictions, it would be appropriate to
direct Staff as to the type of vehicles that should be restricted and the extent of
restriction desired. Staff would then prepare a draft ordinance or resolution for
consideration at a future meeting.
Mr. Thompson summarized that you can't park a tractor trailer for more than 2 hours
in the City. There is a 6,000 lbs. gross weight, and you can't use City streets as a
through route. You can't go through the town; you have to be delivering goods.
Cm. Burton asked if there has been a problem other than the ones discussed last year
on Donlon Way.
Cm. Barnes stated this issue was one of the first issues she dealt with when she was on
the Planning Commission.
Cm. Burton stated he just wished to thank Staff for the Staff Report. He didn't want to
revisit the RV and anti-ugly problems that occurred a few years ago.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council thanked Staff and accepted the report with no action.
BART STATION NAME
7:34 p.m. 8.1 (1060-30)
Economic Development Manager Reuel advised that construction: of the BART DPX
project began in the Fall of 1991 and is expected to be completed later this year. The
official station name is East Dublin/Pleasanton. The issue of changing the name was
raised in 19~$, when several members of the Pleasanton community expressed an
interest in changing it to include 'Hacienda' in the name. BART Director Sherman
Lewis stated he would present an alternative station name to the BART Board for
consideration if the Tri-Valley Cities would cooperatively decide to change and select
the name. Staff did not recommend the inclusion of other Tri~Valley Cities in the
potential renaming process of the station.
Mr. Reuel stated in considering the name, BART riders should be kept in mind in order
to ensure that the BART system is easy to use. The station name becomes important to
establish this identity.
Mayor Houston stated he had asked that this item be put on the agenda. The item got
pulled from the Tri-Valley Council agenda. He felt what we need to decide is whether
we want to use Dublin or East Dublin. We should send a letter to each BART Board
member and to the Mayor of Pleasanton.
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Cm. Burton stated he went to the BART conference that was put on by WHEELS. Mr.
Snyder indicated verY strongly that there was a specific reason for the name.
Mr. Ambrose stated he was probably referencing the settlement agreement that we had
with BART. This related to the original EIR that we had on the project. We challenged
their EIR and as a result, they picked an alternative to build 2 stations. He wasn't
certain that the agreement has any impact on our rights to name the station.
Mayor Houston felt that even though we now hear a lot about East Dublin because of
future development, at some point in time, Dublin will be Dublin, and the east will be
dropped. With the prospect that there won't be a west station for a long time, he felt
we should just drop the east right now. He wasn't sure of a need to meet with
Pleasanton on this. A letter to everyone would make sense.
Mr. Reuel stated he thought Pleasanton wants the station to be named Dublin/
Pleasanton, but he wasn't sure.
Mayor Houston felt common sense would prevail.
Cm. Moffatt asked what happens if they want it to be named Dublin/Hacienda.
Cm. Barnes relayed a situation of someone on the Peninsula looking at a map. They
would be looking for a particular city. People don't live in Hacienda, so this Wouldn't
be as clear to people out of the immediate area.
On motion of Cm. Burton, seconded by Cm. Barnes, and by unanimous vote, the
Council directed that letters be sent to BART Directors and the Mayors of Pleasanton
and Livermore stating Dublin's preference that the station be named just Dublin/
Pleasanton and remove the word east.
REQUEST FOR AUTHORIZATION AND SUPPORT TO PROCEED WITH
EVALUATING CONSOLIDATION AND THE POTENTIAL OPPORTUNITIES
FOR THE SHARING OF FIRE DEPARTMENT RESOURCES WITHIN THE VALLEY
7:46 p.m. 8.2 (540-70)
City Manager Ambrose advised that at the FebruarY 13, 1996, City Council meeting,
the Council directed Staff to study the various fire/emergency response deliverY
options available to the City of Dublin in the event that the Dougherty Regional Fire
Authority Joint Exercise of Powers Agreement is terminated in the future.
DRFA Chief Diekman presented the Staff Report and discussed past studies that have
been done. The Fire Chiefs in December of 1995, outlined five options for the City
Managers to consider. These options were:
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1) Do nothing further, probably for the balance of this decade. See what growth
patterns, economic and political changes occur in the Valley. Perhaps in the future a
more compelling economic argument will surface for functional consolidation.
2) Do not pursue formal consolidation in 1996, but insist on close joint operations
between the agencies. This would include a continuation of the monthly staff meetings
and driving for the standardization of operations wherever possible. Small economies
of scale through contracting would be encouraged in areas such as facilities,
equipment, data systems and training programs.
3) Formally approve the goal of full, permanent, consolidation at the mid~
management level. In early 1996, obtain the City Council's support and input on a
management structure. One suggestion would be to appoint a steering committee to
design the permanent structure. This committee could be composed of one elected
official from each agency, the Fire Chiefs and the City Managers. During this
negotiation phase in early 1996, relevant items from option #2 would continue to be
pursued. The transition and final structure could be ready for implementation by the
third quarter of 1996. This would allow the joint team to make the best use of
whatever retirements occur from that point forward.
4) Formally approve the goal of full, permanent consolidation of all fire
management services as discussed in option #3. In this particular instance, the plan
would move more quickly to a single Fire Chief allowing the cooperative effort to
stabilize more quickly than in option #3.
5) Formally approve a complete consolidation of all fire service activity areas. This
oPtion would receive all of the benefits of options #3 and #4, but may be more
complicated by labor group interests.
Cm. Moffatt added that the VCSD was involved in a study in the late 70's or early 80's.
Chief Diekman stated yes, consultants were brought in to look for opportunities. Some
actions out of the studies came into being; i.e., training and recruitments.
Cm. Moffatt stated he had hoped to get involved with something like this for years.
Cm. Burton stated he realized there were different options. He asked if fireworks
would still be a city to city option. Would Dublin's right to sell them be taken out of
our hands.
Chief Diekman stated he didn't think so, but some of the things are political decisions.
The agency would have to work under the rules of the city it serves.
Mayor Houston asked how the evaluations will change if Dublin is on its own.
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Chief Diekman stated as they have worked through the processes, they treat each City
individually and do not take it baCk to the Fire Authority BOard, recognizing there may
be some differences on the part of the DP, FA Board. They do recommend that San
Ramon be included.
Mr. Ambrose stated this alternative assumes that we will bring DRFA in tact into this.
This would have to be one of the alternatives considered.
Mayor Houston felt both options need to be explored.
Mr. Ambrose clarified that one JPA can't join another JPA. DP, FA would have to be
disbanded and another JPA formed. The City Council should consider if the concepts
indicated in the Staff Report are what they want to move forward with and study. The
political comfort level is what needs to be considered when the City Council sees the
report, and how it would work. Look at combinations in 3 or in 3 and 4. We could
look at downsizing mid-management within the 3 departments. There's a window of
opportunity with some retirements now.
Cm. Burton stated option #3 was his preference, because he felt option #4 would be
moving too fast.
Mr. Ambrose stated the committee will look at various options. If we pursue any
consolidation at this time, consolidating, management at this time is the most feasible.
This would be upper and mid-managemenL We would achieve savings by attrition.
Cm. Burton stated he didn't want to see it move too fast, because it then gets into a
political arena.
Mayor Houston stated it should be clarified that the City of San Ramon is included in
this.
In summary, Staffs recommendation was that the City Council approve the City of
Dublin's participation in a committee consisting of the Mayors and City Managers
from the Cities of Dublin, Livermore, Pleasanton and San Ramon, and the Fire Chiefs
from DRFA, Livermore and Pleasanton. The committee would be formed to research,
design and propose a governance and cost allocation structure for the joint delivery of
Fire Services in the Valley. This committee would make its findings available to each
City Council. The committee should be encouraged to report back within 60 days or
less. This would provide for sufficient time for the City Manager and the DP, FA Fire
Chief to formulate a complete set of recommendations, including the consolidation
option, to the City Council for consideration should San Ramon indicate its desire to
dissolve DRFA by June 30, 1996.
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On motion of Cm. Moffatt, seconded by Cm. Barnes, and by unanimous vote, the
Council approved the formation of a committee consisting of the Mayors and City
Managers from the Cities of Dublin, Livermore and Pleasanton and the Fire Chiefs
from the Cities of Livermore, Pleasanton and DRFA to research, design and propose a
governance and cost allocation structure for the consolidated delivery of Fire Service
options.
OTHER BUSINESS
8:03 p.m.
Livermore School District (515-20)
Mr. Ambrose referenced the letter from the Livermore School District to tour their
facilities. He asked if Staff should write a letter accepting the invitation or indicating
our position regarding the jurisdictional issue.
Mayor Houston felt we could send a letter stating they went ahead and passed a fee
without consideration from the City of Dublin. We could say we want to continue
working with them regarding how they will provide the service.
Cm. Moffatt stated he would like to see how many schools they are going to build, and
what they are going to do with the money.
Mayor Houston indicated he didn't see the back up data to what went into their fee.
We want to know how the children will be served,
Mr. Ambrose stated Staff would draft a letter.
Cm. BUrton clarified that the quality of their schools isn't the issue.
go to Dublin schools. That's the issue.
Dublin kids should
ABAG Grant Money (140-10)
Mr. Ambrose referenced a letter from ABAG indicating more planning money is
available to assist the tri,valley in implementing the sub-regional plan. This might be
on the Tri-Valley Council agenda this Thursday night in Livermore.
Mayor Houston felt because of recent votes in Livermore, we should concentrate on
TVTC issues. The transportation issue has to be number one. The 1-580/I-680 project
is at the top of the list and apparently Livermore won't support this unless we help
them fund Highway 84.
Cm. Burton stated he didn't see any useful purpose in having another study.
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Cm. Moffatt clarified that it would be how to implement the findings of the study..
Mr. Ambrose stated Staff would call Gary Benger to get more insight into what they
are proposing.
Recognition for Citizen & Organization of the Year (610-50)
Cm. Howard asked the City Council about how they wished to handle presenting the
awards to the Citizen and Organization of the Year. Last years' event worked out very
well. The winners would also be invited to the Chamber of Commerce luncheon being
held the week following St. Patrick's Day.
The City Council agreed that a reception with cake and coffee should be held at
¢:00 p.m., or just prior to the March 12 City Council meeting for all the nominees.
The winners would then be announced and recognized at the City Council meeting.
Tri-Valley Council Meeting (140-80)
Cm. Barnes reported that she had lunch with several elected ladies today. People were
upset that the Tri~Valley Council has taken a year to meet since the last time. In
speaking with Millie Greenberg in Danville she asked if Dublin would take their turn
and switch with them in May as their new Civic Center won't be ready then. The
meeting would be on May 30.
Mr. Ambrose stated Ms. Keck, who would be responsible for coordinating all the
arrangements, would be out of town from May 19 to about June 3 or 4.
Cm. Moffatt felt we should agree that we will host the next one, but find a later date.
We could work toward the first week of June.
City Subsidized Childcare (330-20)
Cm. Barnes stated she would like to get more information on the childcare issue. This
issue came up during the time she was campaigning.
Cm. Moffatt stated the decision of the City Council in the past was that childcare is a
money-making situation, and the Council would have a hard time donating to this
because it is a private enterprise. The City didn't want to get into subsidizing private
money-making enterprises.
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St. Patrick's Day Parade ~ Alcohol Policy (950~40)
Karen Seville asked if Markstein Enterprises is the beer company which donated $600
to the St. Patrick's Day celebration. This was Item 4.6 on the Consent Calendar. The
fact that the Clampers won't be drinking beer means nothing if Markstein will be
plastering beer ads all over the advertising for the parade. The parade is for kids and
she would not like to see beer advertisements in the event. She would be happy to go
around and try to collect $600 from other sources.
Mayor Houston stated this was a closed issue and couldn't be discussed further at this
time. The City Council had already taken action on the Consent Calendar.
Cm. Barnes requested that this issue be placed on a future agenda. We may not be
able to accomplish anything this year, but we need to deal with it. There should be a
clear policy about alcohol. We aren't practicing what we are preaching.
Mayor Houston requested that Staff put this on a future agenda when they can. The
City Council could then discuss the issue of advertising alcoholic beverages at the St.
Patrick's Day parade and celebration.
ADJOURNMENT
11.1
There being no further business to come before the Council, the meeting was
adjourned at 8:19 P.m.
' L (~ci~ C~erk
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