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III I I Council Meeting Minutes July 14, 1987 Council reviewed previous discussions with the School District and staff relating to Items 3 and 4 in the second "resolved" of the proposed resolution, noting the School District particularly op- posed this, feeling it was an obligation that such things as de- clining enrollment could make unnecessary. Also discussed was the requirement of a "Management Plan" in the Agreement, whereby the School District would have to furnish the city with specifics as to how they would control the parking in the on-site and the leased parking areas. Williams questioned whether or not Police Chief John Kelley had looked at the standards Section 5e(1) and commented on whether or not it would present a potential burden on the Police Department. It was suggested that Sections 3 and 4 of the third paragraph of proposed resolution could be combined and read "the implementation of a Management Plan for control of parking, such as the early ac- tivity bus or a student parking permit system" and moved up to the "whereas" section of the resolution. Locke advised Kelley indicated he did not feel Section 5e(1) of the Agreement would place a burden on his department and noted the police would not have to do anything until the planning staff made a determination that the School District was in violation. LeFevere stated he had also talked with Kelley and the city had already, prior to this action, made a determination to post addi- tional streets which would increase the burden on the Police De- partment; and that making a determination on whether or not the standard had been exceeded was not a responsibility of the Police Department, but rather, again, that of the planning staff. Benke questioned the language on pages one and two of the Agree- ment as it related to the Districtls need to secure approval of a special use permit; LeFevere responded the referenced "whereas" on pages one and two was a "lawyers battle" and an effort by both the City Attorney and the Districtls attorney to give background to establish reasons for the Agreement, especially if there is disagreement between players, which there was in this case. LeFevere further stated he believed there should definitely be re- citation as to the fact the city believes a special use permit is required and the court could be influenced by "Whereas" clauses. Motion by Blomquist, seconded by Gunderman, to RESCIND RESOLUTION 87-72 ADOPTED BY COUNCIL ON JUNE 9, 1987. 5 Ayes - 0 Nayes, Motion Carried Motion by Williams, seconded by Blomquist, to ADOPT THE PROPOSED RESOLUTION AFTER DELETING ITEM 4 UNDER FIRST "WHEREAS" AND COMBIN- ING ITEMS 3 AND 4 OF THE SECOND RESOLVED AS PREVIOUSLY DISCUSSED. 5 Ayes - 0 Nayes, Motion Carried Motion by Blomquist, seconded by Gunderman, to AUTHORIZE THE MAYOR AND THE CITY MANAGER TO EXECUTE THE COVENANTS AND RESTRICTIONS FOR PARKING RELATED TO IRONDALE HIGH SCHOOL. Page 4