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HomeMy WebLinkAboutmin 08-03-83363 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - AUGUST 3, 1983 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll was taken and the following Councilmembers were present: Feibusch, Dickens Hickey, Myers, Kelley. Staff present: Payne, Marston, Kruth, Tillotson, Melvin, Harris, Brosig, Roper, Wickert. INVOCATION AND PLEDGE OF ALLEGIANCE Councilmember Dickens gave the Invocation and Councilmember Kelley led in the Pledge of Allegiance. APPROVAL/CORRECTION OF MINUTES M/S: Feibusch/Hickey to approve the minutes of July 6, 1983 as submitted carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Kelley NOES: None ABSENT: None ABSTAIN: Myers. RIGHT TO APPEAL Mayor Kelley reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. ADDITION TO AGENDA City Manager requested that gravel extraction permit, Item 10m, be added to the agenda. CONSENT CALENDAR M/S: Hickey/Feibusch to approve Consent Calendar Items 6a-6f as follows: 6a. Payroll Warrants, #23162-23310, $75,713.66; #23311-23459, $81,093.40. 6b. General Warrants, #23204-23297, $78,807.77; #23165-23202, $110,325.59; #23298-23434, $1,063,261.18. 6c. Approved payment of third partial advance to DOE, Lake Mendocino Power Project. 6d. Authorized filing of Notice of Completion for asphalt concrete overlays, Low Gap Road. 6e. Authorized filing of Notice of Completion for asphalt concrete overlays, City streets. 6f. Approved Report of Administration Actions and Proposals (R.A.A.P.) Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None PETITIONS AND COMMUNICATIONS 8a. Request From Bert Hinds Re Installation Of Drainage Pipe 535 South Spring Bert Hinds, 535 South Spring, reviewed for Council what has occurred to date regarding the drainage ditch and asked that the City proceed to install the ditch before winter. City Manager reported that the previous City Attorney had contacted Mrs. Cook and although the three conditions placed by Mrs. Cook had or would be met, Mrs. Cook indicated she was totally opposed to installation of the drainage ditch and preferred that the ditch remain as is. In response to possible condemnation proceedings, City Attorney Marston stated that according to Code of Civil Procedure 1240.010, no municipality can condemn public property unless it is for a public purpose. He pointed out that the ditch would benefit only a few people and would not benefit the majority of the community of Ukiah. City Council Minutes August 3, 1983 Page 1 364 M/S: Hickey/Myers to refer this matter to the City Attorney for further research. Motion carried by unanimous voice vote. 8b. REQUEST FROM NORTH COUNTRY REAL ESTATE SERVICES RE PARKING METER REMOVAL Councilmember Feibusch reported a conflict of interest and left the Chambers. Michael Shapiro, 216 W. Perkins, was of the opinion that parking meter removal should encompass the total parking district, not just the downtown core. He also felt that to set up too small of an area would encourage congestion. He pointed out the existence of the inequality of costs and benefits within the parking district. M/S: Myers/Hickey to refer the matter to the Parking Advisory Commission for their consideration. Motion carried by unanimous voice vote. Councilmember Feibusch returned. PUBLIC HEARING - 7 P.M. 7a. CONSIDERATION OF REVISED RATE SCHEDULE FOR GARBAGE SERVICE Roy Brosig, Finance Director, stated that after analysis of an audit of Ukiah Solid Waste Systems, Inc., it was determined that a rate increase be recommended. In answer to Councilmember Dickens' concerns regarding percentage discrepancy of residential and commercial rates, Mr. Brosig explained that was how the rates were established originally some years ago. PUBLIC HEARING OPENED. Ed Titlow, 280 San Jacinta, presented a petition to the City Council signed by 23 citizens giving support to the rate increase. Kate Moore, Public Relations Director for Modern Disposal, referred to Ukiah Solid Waste audit and expressed her concerns with Ukiah Solid Waste's contract with the City and compared the expenses of Ukiah Solid Waste as opposed to Modern Disposal. Marvin Bowen, Modern Disposal, was of the opinion that Solid Waste's gross income for 1982-83 was excessive. He felt that although Ukiah Solid Waste did give good service, Modern Disposal could give good service, if not better. PUBLIC HEARING CLOSED. M/S: Hickey/Myers to grant a rate increase to Ukiah Solid Waste Systems, Inc. as outlined in the Finance Director's memorandum of June 6, 1983 and June 10, 1983, effective September 1, 1983. Councilmember Feibusch stated, although he felt Ukiah Solid Waste provided good service, he could not approve a rate increase as the business is showing a profit which few businesses can do today. By raising commercial rates, it would contribute to the difficulties of businessmen who support this community. City Manager felt that the concerns raised regarding Ukiah Solid Waste audit should be answered by the Emmett Jones who prepared that audit. Jerry Ward, Ukiah Solid Waste, also felt the audit should be clarified by Mr. Jones. He pointed out that Ukiah Solid Waste encompasses three separate operations: Ukiah, Willits and the County. Councilmember Dickens pointed out that she had not the benefit of attendance at previous public hearings regarding rate increases. She was of the opinion that the concerns raised by Ms. Moore should have been presented to staff in advance. She suggested that before Council take action, that more information be obtained regarding the concerns raised. City Council Minutes August 3, 1983 Page 2 365 Councilmember Hickey stated he had been contacted by homeowners and business people and the majority are in favor of the proposed rate increase. Councilmember Myers stated his confidence in the audit prepared by Mr. Jones and felt the recommendation made by the Finance Director was appropriate. Mayor Kelley pointed out that it has been two years since a rate increased has been granted and stressed the importance of honoring the contract the City has with Ukiah Solid Waste. In answer to a question regarding abstaining from voting, City Attorney Marston reviewed Council Policies and Procedures. Councilmember Dickens stated she would abstain from voting on this motion because of lack of information. No objections were expressed by the other Councilmembers. Motion carried by the following roll call vote: AYES: Hickey, Myers, Kelley NOES: Feibusch ABSENT: None ABSTAIN: Dickens 7b. APPEAL OF PLANNING COMMISSION DECISION, VARIANCE APPL. 83-37 NEGRI-MURPHY ENTERPRISES, OFF PREMISE SIGNS City Manager stated this matter had been withdrawn. 7c. APPEAL OF PLANNING COMMISSION DECISION, VARIANCE APPL. 83-95 MADDEN, CLARA AVENUE, ENCROACHMENT IN REAR YARD SETBACK Planning Director stated that applicant received approval in 1978 to replace two deteriorated buildings at the rear property line of his parcel. Only the westerly building was replaced at that time and due to lapse of time, the approval became null and void. On May 25, 1983, applicant received approval to replace the second building which was appealed by the property owner to the north. In the preparation of the appeal, a drafting error was discovered in the Zoning Map which would require a 10 foot rear yard setback for the Madden project. A request for a rear yard variance was denied by the Planning Commission as they felt there was no basis for a variance and findings could not be made. PUBLIC HEARING OPENED Patrick Finnegan, representing applicant, felt special circumstances should be applied in this instance due to approval of the site development plan. Applicants have spent substantial sums of money in reliance of that approval. He was of the opinion that there was no way to rectify this other than to grant the variance. Scott Smith, property owner to the north, stated he was against the variance because of loss of sunlight, the new building will be 20' high and cause decreased property values. Jess Shiding, 202 Joseph, spoke to the error made and was of the opinion the City must keep up to date. PUBLIC HEARING CLOSED. M/S: Hickey/Myers to grant the variance. Councilmembers Dickens stated that although the City made a mistake in this instance, she did not think the solution was to correct the mistake with another mistake. She pointed out that there are no legal findings that can be made to grant the variance. Mayor Kelley expressed concern regarding the height of the building. Councilmember Hickey felt applicant should not be penalized because of a drafting error and Councilmember Myers felt replacement of the building would be an improvement. City Council Minutes August 3, 1983 Page 3 366 Motion carried by the following roll call vote: AYES: Feibusch, Hickey, Myers NOES: Dickens, Kelley ABSENT: None RECESS: 7:50 P.M. - RECONVENE: 8:02 P.M. PETITIONS AND COMMUNICATIONS 8c. CONSIDERATION OF LATE APPLICATION TO APPEAL OF PLANNING COMMISSION DECISION, VARIANCE APPL. 83-93 AND USE PERMIT APPL. 83-92, NICOLAS CASTILLO, DENSITY BONUS AND FRONT YARD SETBACK M/S: Feibusch/Myers to place subject matter on City Council's August 17, 1983 agenda. Motion carried by unanimous voice vote. PUBLIC HEARING 7c. APPEAL OF PLANNING COMMISSION DECISION, VARIANCE APPL. 83-95, MADDEN, CLARA AVENUE, ENCROACHMENT IN REAR YARD SETBACK City Manager asked that Council set forth the findings for granting Variance Application No. 83-95, Madden. Councilmember Feibusch felt since the existing building is on the property line, the building replaced should be on the property line. In addition, the application had been previously approved. He also pointed out on the easterly property line, that neighbor has built on applicant's property line and a 10 foot setback in back of the building would be totally inaccessible. Councilmember Dickens stated that her "no" vote was based on research done by the City Attorney. Councilmember Hickey felt denial of the variance would create a totally useless parcel. Councilmember Myers felt a precedent had already been set in that the building replaced would be an improvement. It was the consensus of Council that City Attorney review the above findings and report back to Council. 8d. REQUEST FROM CHARLES RUELLE AND ARLENE HUGHEY REGARDING PROBLEMS IN AREA OF T. K. MINING CO., STATE & CLARA Charles Ruelle, 980 N. Oak, stated he tried in the beginning to accommodate the parking problem at T. K. Mining. As problems occurred with cars and garbage left, it was decided to retract the parking and a cable fence was put around his parcel, which was satisfactory for a time. He reviewed for Council the problems experienced most recently. He reported that the original occupancy of 100 had been increased to 246. Arlene Hughey, 602 N. State, felt the parking and code should be brought up to date. She was of the opinion that T. K. Mining was to be a family restaurant not a disco bar. It was her information, in the past, that bars had been shut down when fights occur. Herb Ojebruns, owner of the apartment building next to laundromat, stated he never had any trouble until T. K. Mining went in. He spoke to the fights and loud hi fi at 2 o'clock in the morning. He reported his vacancy rate had increased in the last six months and recently had two broken windows. Gladys Sousa, 602 N. State, spoke to the loud music, yelling, racing engines that keep her from sleeping Thursday through Saturday nights. Sy Gardner, Clara Avenue, spoke to the parking problem created by T.K Mining and the County Mental Health building on Clara. City Council Minutes August 3, 1983 Page 4 367 William Henney, 582 North State, felt the problem needed to be corrected as all of the people in this neighborhood must co-exist together and businesses should be run in a manner that would contribute to the City. Steve Krimmel, Attorney for T. K. Mining, pointed out that no factual allegations have been made that anyone from T. K. Mining was responsible for the broken windows. He stated that the owner has done everything in his power to meet the parking requirements, keep the noise level down, has security guards and a cleanup crew to police the bottles and other litter. Charles Ruelle stated that the night his windows were broken, there was no security guard on duty. PUBLIC HEARING CLOSED. Councilmember Feibusch asked if Mr. Romelli had lived up to the conditions of his variance permit? Planning Director stated that the permits that Mr. Romelli obtained were for remodeling and there was no action before the Planning Commission. He felt Mr. Romelli had made an agreement to provide for additional parking. It was his opinion that Mr. Romelli had met all commitments of the building permit. Councilmember Dickens asked that the fire capacity be checked; if people are going into the restaurant and buying beer or wine and consuming them outside; if it is true in the past, that fights would shut a bar down; check the noise level. Councilmember Hickey felt it must be realized that Mr. Romelli cannot control the conduct of the people once they leave his establishment. He felt it was necessary to continue to try and reach a solution. Councilmember Myers pointed out that if a solution cannot be reached, the matter will continue to reappear before the Council. He felt the City Attorney needed to review the matter again. City Manager stated that there is substantial patrolling of this area by the Police. The noise levels have been checked many times. City Attorney stated the City is limited in what it can do; they issued a license and the owner of the business is complying with the terms of that license. It was the consensus of Council to refer the matter to the City Attorney. Don Delahoyde, 690 Glenwood, asked that if Council were to consider parking restrictions to remember that his business was open to 12 midnight and it does use City streets for parking. RECESS - 8:50 P.M.; RECONVENE - 9:00 P.M. UNFINISHED BUSINESS 9a. REQUEST FROM GREATER UKIAH CHAMBER OF COMMERCE FOR PRESIDENT GARY NIX TO PROVIDE PROGRESS REPORT Ms. Simmons, Chamber of Commerce, brought City Council up to date on Chamber activities since the last progress report earlier this year. 9b. SET DATE FOR PUBLIC HEARING AND ESTABLISH PLANNING COMMISSION PARTICIPATION REGARDING SIGN ORDINANCE It was the consensus of Council that a joint Council/Planning Commission meeting regarding the Sign Ordinance be held either August 17 or 24 from 4:30 p.m. to 6:00 p.m. This is to be submitted to the Planning Commission and Councilmembers notified. City Council Minutes August 3, 1983 Page 5 368 9C. REPORT RE UKIAH VALLEY SANITATION DISTRICT/CITY RELATIONS City Manager asked that Council receive the recommendations of the County Administrator and the City Manager regarding the Ukiah Valley Sanitation District wherein recommendations were made regarding this matter. It was the consensus of Council that the matter be taken under advisement and continued to the August 17th Council meeting. 9d. ADOPT ORDINANCE NO. 811 Councilmember Myers referred to Agenda Item 9d and 9e and stated he had a possible conflict of interest and would also abstain from voting on Item 9f and 9g. Councilmember Myers left the Chambers. M/S: Feibusch/Hickey to adopt Ordinance No. 811 by title only. Motion carried by unanimous voice vote. M/S: Feibusch/Dickens to adopt Ordinance No. 811 amending Code, rezoning for General Plan Consistency, Zone Change No. 83-80, Bush & Low Gap, N.E. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Kelley NOES: Hickey ABSENT: None ABSTAIN: Myers 9e. ADOPT ORDINANCE NO. 812 9f. ADOPT ORDINANCE NO. 813 9g. ADOPT ORDINANCE NO. 814 M/S: Feibusch/Hickey to adopt Ordinances 812, 813 and 814 by title only. Motion carried by unanimous voice vote. M/S: Feibusch/Hickey to adopt Ordinance No. 812, amending Code, rezoning for General Plan consistency, Zone Change No. 83-81, North Bush & Orr Creek; Ordinance No. 813, amending code, Zoning Ordinance, second units in R-1 zone; Ordinance No. 814, amending code, Zoning Ordinance, automobile service stations. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Kelley NOES: None ABSENT: None ABSTAIN: Myers Councilmember Myers returned to the meeting. NEW BUSINESS 10a. CONSIDERATION OF 1983-84 CHAMBER OF COMMERCE BUDGET City Manager referred to Exhibit A, Proposed Budget, and pointed out that in the past Items 8 and 9 and Items 12 and 15 had been combined. He also reported that Dr. Gustafson has indicated that he would like to see the band review allocation a direct operation between the City of Ukiah and the Ukiah Unified School District. He explained that the band allocation was for security and Public Works' fees. Mayor Kelley asked why the City didn't just provide that service for the Band Review without charging the Chamber for it. City Manager stated it was a matter of cost accounting. M/S: Hickey/Myers to adopt the proposed Chamber of Commerce Promotional Budget, 1983-1984, and that allocation No. 11, Ambassadors, be combined with No. 6, Promotional (Industrial/Retail Development), and authorized the Mayor and City Clerk to execute the contract. Councilmember Myers felt the band review would be the type of activity that the City should be involved in, not merely a lined item in the budget. Councilmember Dickens asked for an explanation of the additional sum in the Chamber's budget not provided by the City and an explanation of other activities the Chamber is involved in. City Council Minutes August 3, 1983 Page 6 369 A1 Norris, Chamber of Commerce, stated that the By-Laws provide that the Chamber promote Potter Valley, Redwood Valley, Calpella, Talmage and Hopland as well as Ukiah although Ukiah's percentage of the total budget is $58,625 out of a total budget of $79,950. Councilmember Feibusch asked if there was still a political activity committee? Mr. Norris said presently there is a legislative committee for review of proposed statutes or bills. Councilmember Dickens stated, after a request had been made in June, that she had not received any communication or announcements from the Chamber. Mr. Norris said flyers had been mailed out but no newsletters had gone out since June. He further added that he would check the mailing list to be sure all councilmembers were on it. Councilmember Dickens requested a list of the different activities the Chamber is involved in and a list of who the Chamber represents so as to have a better understanding of what the Chamber is doing. She expressed her concern that the Chamber did not represent all the businesses but only those that paid money to the Chamber. Ms. Simmons said the Chamber Board meetings are held the second Wednesday of every month at 3 p.m. and are open to the public. Councilmember Dickens stated she would try to attend the meetings. Councilmember Dickens suggested that Budget Item 6, Promotional (Industrial/Retail Development) should be expanded and suggested that funds allocated to Item No. 11, Ambassadors and Item No. 15, Band Review, be transferred to this account (Item 6). Councilmember Hickey and Mayor Kelley disagreed with the proposal to transfer the Band Review funds to No. 6, Promotion, and felt it should be eliminated as a line budget item. Councilmember Dickens felt the Band Review needed to be reviewed by Council to determine their participation in this activity. Ms. Simmons stated the Band Review is now incorporated into the Hometown Festival and the ads mailed out beforehand included the Band Review. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10b. MATTER OF COUNCIL LIAISON/CHAMBER OF COMMERCE Discussion was had regarding whether a councilmember would be a liaison or a member of the Board. Ms. Simmons stated the representative from the Council could not be a voting member due to the Chamber's By-Laws. Councilmember Myers will be the Council's liaison to the Chamber. 10c. COMMITTEE REPORT, HISTORICAL HOME PRESERVATION Planning Director stated that during the General Plan Amendment 1983-A a discussion of North Oak and Henry Street land use area, concern was expressed that a High Density Residential class would have a detrimental effect on Victorian structures. After staff review, a draft of a district called "HAP" zone for historical/architectural preservation was created. This draft will be reviewed at the Planning Commission's August 10 meeting. It was the consensus of councilmembers that more information was needed before Planning Commission review. Planning Director stated that presently there is no Code provision to prevent someone coming in for a demolition permit for a Victorian. It was Council consensus to refer this matter to the City Attorney for his rePiew. 10d. REPORT RE BID FOR CONSTRUCTION OF LAKE MENDOCINO POWER PROJECT Public Works Director reviewed the bids received by SAI Engineers, Santa Clara and noted the lowest bid is considerably lower than the next highest bid, and that the firm has 24 hours to determine if there is an error in their bid. The apparent low bidder is Underground Construction in the amount of $7,334,327. City Council Minutes August 3, 1983 Page 7 CUO000 370 10e. REPORT RE BID FOR SUBSTATION EQUIPMENT, GOBBI STREET & ORCHARD AVENUE Director of Public Works pointed out that the bids received to date by SAI Engineers have been lower than the engineer's estimates and additional bids will be coming in Friday. 10f. RESOLUTION APPROVING APPLICATION & PROJECT AGREEMENT, SUN HOUSE PRESERVATION PROJECT M/S: Myers/Hickey to approve Resolution No. 84-4 approving the application and the project agreement for Historic Preservation grants-in-aid funds for the Sun House Preservation Project. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10g. SELECTION OF ARCHITECT, SUN HOUSE PRESERVATION PROJECT M/S: Hickey/Myers to select Victor Lopes as architect for the Sun House Preservation Project. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley. NOES: None ABSENT: None 10h. RESOLUTIONS AUTHORIZING EXECUTION OF CLEARZONE GRANT AMENDMENTS, PROJECT NO. 5-06-0268-02 and 5-06-0268-03 M/S: Feibusch/Hickey to adopt Resolution No. 84-5 authorizing Amendment No. 1 to Grant Agreement for ADAP Project No. 5-06-0268-02. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None M/S: Feibusch/Hickey to adopt Resolution No. 84-6 authorizing Amendment No. 2 to Grant Agreement for ADAP Project No. 5-06-0268-03. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None 10i. RECOMMENDATION FROM PARKING ADVISORY COMMISSION FOR PARKING TIME LIMIT CHANGE M/S: Myers/Hickey to approve the recommendation of the Parking Advisory Committee to change the time limit within the area where the parking meters were removed from a two hour time limit to a 90 minute time limit. Motion carried by a unanimous voice vote. 10j. RESPONSE TO GOVERNOR DEUKMEJIAN RE DENIAL OF FUNDS FOR MENDOCINO COMMUNITY COLLEGE (MYERS) M/S: Myers/Hickey to approve Resolution No. 84-7, Resolution of the City of Ukiah Requesting the Governor of the State of California to Reinstate the Funds Requested in the 1983-84 Budget for Development of a Permanent Campus for Mendocino-Lake Community College District. Motion carried by the following roll call vote: AYES: Councilmembers Feibusch, Hickey, Hickey, Myers, Kelley NOES: None ABSENT: None 10k. DISCUSSION OF DEVELOPMENT INCENTIVES (KELLEY) Mayor Kelley asked that this matter be continued as more information is needed before presentation. 101. WAIVE BIDDING PROCEDURE, PURCHASE USED ELECTRIC LINE TRUCK M/S: Feibusch/Hickey to approve purchase by negotiation of the used aerial ladder truck and authorize acceptance of the proposal of Mayer Equipment Inc. at a net cost with trade in of Unit 26 of $44,700. Motion carried by the following roll call vote: AYES: Feibusch, Dickens, Hickey, Myers, Kelley NOES: None ABSENT: None City Council Minutes August 3, 1983 Page 8 371 10m. GRAVEL EXTRACTION PERMIT M/S: Hickey/Myers to direct an appearance by staff at the County Planning Commission hearing and voice objection and concern regarding approval of the permit for gravel extraction along the Russian River from Talmage Road to Ford Road. Motion carried by unanimous voice vote. 11. COMMENTS FROM AUDIENCE Robert Pyle, Mendocino-Lake Community College, thanked the Council for their action regarding Resolution No. 84-7. 12. CITY COUNCIL REPORTS Councilmember Feibusch Asked for a report on Group W. City Manager stated he would be forwarding information shortly to the Council regarding Group W. Councilmember Dickens Stated she had been doing some research on the City's decals and logos. Reported on her attendance at the League of California Cities' meeting in Monterey for councilmembers. After speaking with councilmembers and mayors of other cities, and she felt that Ukiah was a very healthy city. She added that she would provide councilmembers with copies of recent articles that appeared in ICMAmagazine regarding Council/City Manager partnership. Reported that the League is interested in knowing what type of situations cities are facing because of budget cuts. She referred to an article in the Ukiah Daily Journal which addressed local government and felt a copy of the article together with a letter be sent to our legislators. It was the consensus of Council that this be done. Stated she attended the MTA meeting in Point Arena and stated it was a very interesting meeting. She reported that MTA feels positive regarding receipt of funds for replacement of the Argosies. Noted that one of the important items discussed at the Executive Forum meeting in Monterey was cost saving ideas from other cities and requested Council's input on this. She stated she would provide copies to any interested councilmembers. Councilmember Hickey Stated that he attended the NCPA dedication and reported it was quite impressive. He also congratulated Maurice Roper on his presentation regarding Energy Big Picture. He stated he was pleased with the work being done on the downtown sidewalks and curbs. CouncilmemberMyers Stated that after his vacation through several states, he was proud to be a citizen of Ukiah. Mayor Kelley Reported on the ribbon cutting ceremony at Victory Theatre. He reported on the MCOG meeting he attended this week and stated that AB 325 money would be granted toward the Main Street extension. Stated the Invocation and Pledge would be on a rotating basis. ADJOURNMENT - 11:05 p.m. to Closed Session after which Council reconvened and took the following action: M/S: Hickey/Feibusch to sanction the City Attorney to continue representation of the City in the Kennedy suit. Motion carried unanimously. ADJOURNMENT - 11:25 p.m. Mary Melvin Deputy City Clerk City Council Minutes August 3, 1983 Page 9