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HomeMy WebLinkAboutmin 02-16-83262 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF UKIAH - FEBRUARY 16, 1983 The City Council convened in regular session at 6:30 p.m. in the City Council Chambers. Roll call was taken and the following Councilmembers were present: Kelley, Hickey, Myers, Feibusch. Absent: None Staff present: Payne, Orchard, Kruth, Harris, Tillotson, Gutierrez. INVOCATION AND PLEDGE OF ALLEGIANCE Boy Scout Scott Paul Denna gave the invocation and Mayor Feibusch led the Pledge of Allegiance. WELCOME TO SCOUTS - SCOUTS IN GOVERNMENT DAY Mayor Feibusch welcomed the scouts and expressed hope that their experience at the Council meeting would be a positive one and leave them proud of the Valley. APPROVAL/CORRECTION OF MINUTES M/S: Hickey/Myers to approve the minutes of February 2, 1983 as amended carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None RIGHT TO APPEAL PROCESS Mayor Feibusch reviewed Section 1094.6 of the Code of Civil Procedure regarding appeal procedure. CONSENT CALENDAR Councilmember Kelley requested item 7d be pulled and be placed on the agenda as item llf. M/S: Hickey/Kelley to approve Consent Calendar items 7a, 7b, 7c and 7e as follows: 7a. Payroll Warrants #21645-21778, $71,818.72 7b. General Warrants #21959-22078, $256,493.96 7c. Approved bid award, aluminum conductor to Anixter San Francisco in the amount of $8,746,69 and to Consolidated Electrical Distributors in the amount of $2,544.00 7e. Approved Report of Administrative Actions and Proposals (R.A.A.P.) PETITIONS AND COMMUNICATIONS 9a. Letter from County Administrator re Golf Course City Manager discussed the letter from the County Administrator regarding the City's 25 year lease of 45 acres for $1.00 a year which expires in 1991. He stated that the County plans on disposing of the land for financial reasons and that the County suggested that as the City has an investment in nine golf holes on the land that the City purchase the land for $675,000. He referred to portions of the original contract that indicate the County at that time felt a commitment to cooperate as the golf course benefited the entire County, not just the residents of the City. He pointed out that the County does not pay for any subsidy of the golf course whereas it does cost the City money above and beyond what the fees bring in. He further noted that the General Plan designation is PF (Public Facility) and it would be difficult to be utilized for other purposes. Councilmember Kelley felt that this is one area where the City and County have cooperated and felt this should be pointed out in the City's response to them. Mayor Feibusch stated no action was required and City Manager was instructed to reply to the County. Reg. Mtg. 2/16/83 Page 1 263 UNFINISHED BUSINESS 10a. Matter of Timing of Payment, Capital Improvement Fees Director of Public Works stated the City resolutions and ordinances all state the capital improvement fees are due and payable at the time the permit is issued. He stated the most convenient time for the City to collect them is at this time and in cases where they were not collected in advance collection problems were encountered. It was pointed out that in these economic times, the City should be as cooperative as possible, the collection procedures should be looked into by reviewing the fees and a comparative analysis made of other cities as well as PG&E costs. Another point made was that in trying to be cooperative, that the process is not slowed down. Ordinance No. 751 dealing with sewer and water connection fees was referred to and it was noted that advance payments were not stated as a requirement. A progressive payment system was suggested. M/S: Myers/Hickey to instruct staff to make a comparative analysis with PG&E and other cities regarding capital improvement and hook-up fees carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None City Manager stated that staff will investigate these items, but that staff involvement in the financial accounting may result in additional costs and delays. 10b. Adopt Ordinance No. 802 Rezoning Property (Zone Change Application Nos. 83-40,41,42) M/S: Myers/Kelley to read Ordinance No. 802 by title only carried by a unanimous voice vote. M/S: Kelley/Hickey to adopt Ordinance No. 802, Ordinance of the City Council of the City of Ukiah Amending Chapter 2, Division 9 of the Ukiah City Code by Rezoning Property for General Plan Consistency and Property Line Contiguity (Zone Change Application Nos. 83-40, 83-41, 83-42) carried by the following roll call vote: AYES: Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None. RECESS 6:55 p.m. RECONVENED 7:00 p.m. PUBLIC HEARINGS 8a. Appeal of Planning Commission Action, Variance Application No. 83-48, Bur~er Kin8 Restaurant Planning Director stated Burger King was granted a variance by the Planning Commission to raise their current 17 foot sign to a height of 50 feet. He reviewed sign ordinance requirements and stated the Commission's decision was based on the fact that the business is freeway oriented and that unfair competition exists due to the grandfather clause. Staff feels the action is precedent setting. He noted that at the last Commission meeting preliminary recommendations were made for a freeway zone. He felt it would be more appropriate to change the ordinance than to grant a variance. Staff recommends that the variance not be granted. PUBLIC HEARING OPENED: 7:05 Joe Krueger, 1401 Ridge View Dr., owner of Burger King reviewed the events leading to this variance request. In 1978 Burger King was told all the other signs would have to come down and they were denied a higher sign. Instead, the higher signs were allowed to remain due to the "grandfather" clause. He felt he was in a position of unfair competition. He stated 35% of his business comes from the freeway and with increased signage, business would increase 20%. He expressed hope that the City Council would uphold the Reg. Mtg. 2/16/83 Page 2 264 Planning Commission decision and thus remove the permanent non-competitive situation that exists. Linda Foster, 840 E. Gobbi stated that those unfamiliar with the area would never know a Burger King exists in Ukiah due to such poor visibility of the sign. She considered the visibility of such signs to be very important and stated when traveling the freeways she will not get off in any town where she cannot see a familiar sign. Duncan James, 444 N. State St., attorney for Mr. Krueger, again reviewed the Burger King history. He proposed that the sign be allowed to go up and stated it would be brought down when the other signs are required to be lowered. He hoped the Council would give serious consideration to the freeway zone. Phil Baldwin, 959 N. Oak, stated the community has a natural beauty but he felt the business community is atrocious and is in need of a strong sign ordinance. He was of the opinion that it would be a reactionary step to allow the sign to go up rather than have the other ones come down. He was not in favor of the "grandfather" clause. PUBLIC HEARING CLOSED: 7:16 p.m. Councilmember Hickey agreed that Mr. Krueger was at a disadvantage; however, he felt no action should be taken until the completion of the revision of the sign ordinance. He noted that if Senate Bill 142 passes, the City would not be able to enforce conformance. Councilmember Kelley noted that there must be a legal finding on which to base a variance and a financial hardship was not a legal basis for a variance. He asked what the Commission's finding was. City Manager referred to the Planning Commission meeting minutes which stated it was "due to an unnecessary hardship and a result inconsistent with the general practice of the sign ordinance." Councilmember Myers felt strongly about the aesthetic value of the community and felt the sign ordinance has not taken care of the unattractive signs throughout the City. He preferred the Cal Trans logo program, agreed with Councilmember Hickey that it would be premature to allow the sign be raised and stated the City should abide by the ordinance until it could be reviewed. M/S: Hickey/Kelley to grant the appeal. Mayor Feibusch questioned if the ordinance would be followed at the expense of encouraging business. He was of the opinion that the sign ordinance is not workable. He stated he would like to amend the motion to provide that the Cal Trans logo signs be pursued. No action was taken. Councilmember Kelley agreed that staff should pursue the Cal Trans logo signing and did not agree with granting the variance. Mayor Feibusch pointed out that Mr. Krueger is in business to earn a living and he provides jobs for the community. He questioned when the sign ordinance revisions would be finalized and also what was the action regarding freeway zones. Planning Director pointed out that the revisions could be finalized at the next Planning Commission meeting with Council public hearings held in March. He stated there was discussion regarding freeway corridors but a final vote on the ordinance was not taken. Duncan James referred to an article in the Journal which stated that Commissioners approved a zone which would allow a 50 foot sign and they strictly defined the zone. He alleged that the Planning Director did not accurately report the Commission action. Don Vander Mey, Planning Commissioner, stated that the Council did not have the corrected Planning Commission minutes which included a sentence added to his motion granting the variance stating the sign ordinance is to be an aid to business and for the information of the public. He also stated that the Reg. Mtg. 2/16/83 Page 3 265 Commission decided on a freeway zone 600 feet from the center line, for the first parcel on either side of Gobbi and Perkins. Planning Director explained the staff report to the Council was completed prior to the correction of the minutes. City Manager noted that even if the minutes reflect the Commission's basis for granting the variance was to promote business that it is not a clear legal finding. City Attorney stated that promoting business is not a finding in accordance with the ordinance. However, if the Council wishes to sustain the Planning Commission, it can make a finding based upon the fact that special conditions exist with respect to that particular piece of property which causes a hardship unlike other similarly located pieces of property. The freeway and visibility would be the proper finding in the event the Council sustains the action of the Planning Commission. The Planning Commission could make such a finding retroactively. The motion was defeated by the following tie vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None The motion was again read and after clarification by Councilmember Hickey that it was meant to grant the appeal by staff against the decision of the Planning Commission, Councilmember Kelley asked for the vote to be cancelled and the vote retaken. Duncan James noted that Robert's Rules of Order stated that only the prevailing party could request a revote. City Attorney stated that the purpose of parliamentary procedure was to conduct an orderly meeting and since there was an obvious misunderstanding another vote could be taken for clarification. As there was no prevailing party, Mayor Feibusch stated the motion failed and the Planning Commission ruling stands. M/S: Kelley/Hickey to reconsider the matter to grant the appeal by the Planning Director and the City Manager regarding the Planning Commission's action. Duncan James stated that the only party that could move to reconsider the matter was the prevailing party. Mayor Feibusch again read the rules and confirmed Mr. James statement. No further action was taken on the motion. 8b. Consider application for Community Development Block Grant Small Cities Funds Planning Director stated this is an annual Federal program to help smaller cities. This year some of the States have taken over the administration. The program has three basic areas eligible for funding; housing, public facilities and economic development. The purpose of this hearing is to determine which one to apply for. Staff believes the City's efforts are best directed toward economic development as it will assist the community in more extensive ways than the other areas. Mayor Feibusch questioned the status of the National Guard construction on Airport Road. Planning Director stated as of November of 1982, it was 18-36 months. PUBLIC HEARING OPENED: 7:44 p.m. Cheryl Baker, Rural Communities Housing Development Corporation (RCHDC), asked for consideration to apply for $48,000 for land acquisition and writedown of twelve lots under this program. She stated the RCHDC is interested in providing housing for families with incomes between $10,000 - $18,000 per year. She noted that typical lots in the City of Ukiah area range from $17,000 - $30,000, and the maximum the RCHDC can pay is $14,000. At an average writedown of $4,000/lot they could guarantee that 100% of the families Reg. Mtg. 2/16/83 Page 4 266 participating in the program would be in the target group. She then explained the conditions placed on the loans. Larry Kier, President of the Board of Realtors, wanted the grant used both for industrial and economic development to increase the tax base in this county. He felt if we applied for the grant to extend utilities that we would be encouraging economic growth. M/S: Hickey/Myers that the Council consider applying for the CDBG funds and hold another hearing with emphasis on development of the Industrial Park that was initially proposed by the Planning Department carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None 10c. Introduction of Ordinance Amending Noise Regulations City Manager stated the Council has determined that the noise standards stipulated in the General Plan and implemented through the City's Noise Ordinance should be those of "Rural Suburban". Therefore the ambient noise levels of the City Code must be changed to conform with the General Plan. M/S: Hickey/Kelley to introduce Ordinance No. 803 by title only carried by a unanimous voice vote. Arlene Hughey, 602 N. State addressed the Council as a representative of businesses in the area. She stated that the noise ordinance serves the residential areas but not the commercial area. She referred to T.K Mining on Clara and State and felt the noise generated there is detrimental to other businesses, residents and apartment owners who are facing vacancies due to the noise. Mayor Feibusch asked Mrs. Hughey what she wanted the City to do. She suggested contacting a city outside our area, such as Santa Rosa, which has grown rapidly to see how they have handled such a problem. She further suggested researching Sacramento's Hall of Records for similar ordinances. Councilmember Kelley suggested contacting the League of Cities to see if the problem has been faced by other cities, and how they solved it. Staff was requested to check with other communities to see how the commercial noise level is handled and to report back for a possible amendment to the ordinance at a later date. M/S: Hickey/Kelley to introduce Ordinance No. 803, Ordinance of the City Council of the City of Ukiah amending Division 7, Chapter 1, article 6 of the City of Ukiah Code (Noise Regulations - Ambient Base Noise Levels) carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers, Feibusch NOES: None ABSENT: None RECESS 8:10 p.m. RECONVENED: 815 p.m. 10d. Matter of Appointment of Councilmember Mayor Feibusch stated the City Clerk certified nine eligible applicants. In alphabetical order they are: David Branson, Marilyn Dickens, Dennis Ivey, James Mastin, Rick Pellegrin, Nelson Redding, Mary Snyder, David Strong and Kathryn Thompson. Mayor Feibusch explained the manner in which nominations would be conducted. Nominations proceeded as follows: Kelley/Marilyn Dickens Hickey/Mary Snyder Myers/Mary Snyder Feibusch/ Nelson Redding Nomination of Marilyn Dickens failed by the following roll call vote: AYES: Councilmember Kelley NOES: Councilmembers Myers, Hickey, Feibusch ABSENT: None Reg. Mtg. 2/16/83 Page 5 267 Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of Nelson Redding failed by the following roll call vote: AYES: Mayor Feibusch NOES: Councilmembers Kelley, Hickey, Myers ABSENT: None Kelley/James Mastin Hickey/Mary Snyder Myers/Mary Snyder Feibusch/Kathryn Thompson Nomination of James Mastin failed by the following roll call vote: AYES: Councilmember Kelley NOES: Councilmembers Hickey, Myers, Feibusch ABSENT: None Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of Kathryn Thompson failed by the following roll call vote: AYES: Mayor Feibusch NOES: Councilmembers Kelley, Hickey, Myers ABSENT: None Kelley/Dennis Ivey Hickey/ Mary Snyder Myers/Mary Snyder Feibusch/Nelson Redding Nomination of Dennis Ivey failed by the following roll call vote: AYES: Councilmember Kelley NOES: Councilmembers Hickey, Myers, Feibusch ABSENT: None Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of Nelson Redding failed by the following roll call vote: AYES: Mayor Feibusch NOES: Councilmembers Kelley, Hickey, Myers ABSENT: None Kelley/Dennis Ivey Hickey/Mary Snyder Myers/Mary Snyder Feibusch/pass Nomination of Dennis Ivey failed by the following roll call vote: AYES: Councilmembers Kelley NOES: Councilmembers Hickey, Myers, Feibusch ABSENT: None Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Kelley/pass Hickey/Snyder Myers/Snyder Feibusch/pass Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Mayor Feibusch expressed concern that the matter would go to public election · if unresolved at this meeting. He was of the opinion that as Nelson Redding ran in the last election, and received many votes he should seriously be considered. He also expressed his opinion that as Mary Snyder chose not to run in the last election, she should not be considered now. Reg. Mtg. 2/16/83 Page 6 268 Councilmember Myers stated there were a number of very fine candidates. However, he felt as Mary Snyder served for six years as a councilmember she understands the City Council and many of the areas presently before them that she would be a good councilmember for the short unexpired term. Councilmember Kelley favored electing one of the three Planning Commissioners to the Council, who are also aware of matters before the Council, and giving one of them a short term opportunity to serve. Nominations again proceeded as follows: Hickey/Snyder Myers/Snyder Kelley/Nelson Redding Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of Nelson Redding failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: councilmembers Hickey, Myers ABSENT: none Hickey/Dave Branson Kelley/James Mastin Myers/pass Feibusch/pass Nomination of Dave Branson failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of James Mastin failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: Councilmembers Hickey, Myers ABSENT: None Myers/Mary Snyder Hickey/Mary Snyder Kelley/Nelson Redding Feibusch/Nelson Redding Nomination of Mary Snyder failed by the following roll call vote: AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Nomination of Nelson Redding failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: Councilmember Hickey, Myers ABSENT: None Kelley/Dennis Ivey Hickey/pass Myers/pass Feibusch/Dennis Ivey Nomination of Dennis Ivey failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: Councilmembers Hickey, Myers ABSENT: None Hickey/Mary Snyder Kelley/James Mastin Myers/Mary Snyder Feibusch/Nelson Redding Nomination of Mary Snyder failed by the following roll call vote; AYES: Councilmembers Hickey, Myers NOES: Councilmembers Kelley, Feibusch ABSENT: None Reg. Mtg. 2/16/83 Page 7 269 Nomination of James Mastin failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: Councilmembers Hickey, Myers ABSENT: None Nomination of Nelson Redding failed by the following roll call vote: AYES: Councilmembers Kelley, Feibusch NOES: Councilmembers Hickey, Myers ABSENT: None Linda Foster was recognized from the audience.. She suggested putting all the names in a hat and drawing. City Attorney aSvised it was not legal. M/S: Hickey/Kelley that this matter be continued until February 28th, 6:30 p.m. to resolve the question carried by a unanimous voice vote. M/S: Feibusch/Hickey to ask for additional candidates until February 23, 1983, at 5:00 p.m. carried by a unanimous voice vote. NEW BUSINESS lla. Matter of Geothermal Development Grant Funds City Manager stated the California Energy Commission will be receiving grant applications for geothermal projects in March. As there has been previous interest by the City to evaluate geothermal potential on the Solid Waste Site property, Council needs to make a decision whether staff should pursue grant funding or not. Concerns expressed related to the possibility of the drilling causing the springs in the area to dry up. These doubts would have to be erased. Mayor Feibusch referred to a letter he received from attorneys shortly before the meeting indicating this is an opportunity not to generate electricity but to have warm water and steam which could be used in greenhouses. This would also create jobs. He felt staff should attend the seminar and obtain advise on how to apply for the grant and get expert advise from geologists whether the Vichy Springs area would be harmed from the drilling. Councilmember Kelley felt as the matter was discussed last year, there was sufficient time to obtain expert geology reports. H/M: Hickey/Myers that the City not pursue the matter further carried by the following roll call vote: AYES Councilmembers Hickey, Kelley, Myers NOES: Mayor Feibusch ABSENT: None llb. Matter of Dial-A-Ride (Feibusch) Mayor Feibusch stated that at the last MCOG meeting, MTA suggested that Dial-A-Ride continue to operate only in the daytime and that the night and Sunday service be provided by a private carrier. M/S: Feibusch/Kelley to ask staff to Work out some means by which the City can solicit proposals from private carriers to operate here and whereby the needy and handicapped be provided with tokens that come from the MTA fund. Councilmember Kelley stated that as the representative to MTA, he would like an opportunity to take the matter back to them for discussion. He also indicated a 24 hour taxi service is a requirement of the FAA. He requested withdrawal of the motion until he can report back to the Council. Councilmember Myers felt a public hearing should be held to determine the unmet transit needs of this particular area. He concurred that Councilmember Kelley should first discuss the matter with MTA and also requested a two or three month time limit be established. Motion was withdrawn by the maker with consent of the second. Reg. Mtg. 2/16/83 Page 8 271 M/S: Hickey/Kelley that we request bids for a tactical fire pumper carried by the following roll call vote: AYES: Councilmembers Kelley, Hickey, Myers NOES: Mayor Feibusch ABSENT: None COMMENTS FROM AUDIENCE Gary Akerstrom, 1440 Meadow Drive, spoke to the issue of building permit fees. He felt before they were exorbitant and now they are worse. He referred to Wendy's Restaurant building permit and fees of $20,000 as an example. He was of the opinion that this matter needs to be addressed further as the fees are actually discouraging new businesses rather than encouraging them. Mike Tremble, 426 Stoneham Circle, Medford Oregon, developer of Wendy's stated that at one of the first meetings with City staff he was quoted an estimate cost of $8,000 to $10,000 for building permit and hook up fees. He felt there should be a process where developers are informed of exact fees upfront. Jim Morris, 469 Observatory, noted that jobs are needed in this area and expressed concern that new and old businesses are being driven out of town by excessive costs. CITY COUNCIL REPORTS Councilmember Kelley He reported on a Ukiah Players Board of Directors meeting at which time it was reported there are three vacancies for citizens at large. He referred to the letter addressed to the Council from Dr. Paul Marsh offering 4½ acres of land to City Hall for $390,000. He favored a negative response to the letter. He also referred to the bulletin from the League of California Cities regarding prepayment of franchise fees by cable operators and asked staff to follow that as well as the preemption of City control of signs. Councilmember Hicke¥ Will be absent from the meeting on March 2, 1983. Councilmember Myers The following statement was read with the request that it be a part of the record: "An Open Statement To The Mayor: I would like to make this statement regarding the state of Ukiah, its Council, and its image. I hope that you are most successful as Ukiah's Mayor and that you will accept this mantle of leadership and guide us in a positive way in the best interests of the city of Ukiah. I believe that it is time for name calling to be put aside. It is my sincerest belief that a divided council, a divided city, will produce negative results. In a time of economic chaos, I believe we must present the most positive image to attract people to our beautiful city. If a 'Good Old Boy' is one who votes his conviction and conscience, and at times , contrary to the mayor ..... then, Mr. Mayor, I am a 'Good Old Boy!' Should the citizens of Ukiah disagree with the voting record of a council member, then let the democratic process work by voting the individual out of office. Your opinions should never be denied, but personal attacks should not be condoned. Reg. Mtg. 2/16/83 ?~§e 10 272 It should be emphasized that the City Council's role is to set the policy and not administer the city. That is best left in the hands of the professionals. Therefore, Mr. Mayor, I wish you the best in your endeavors of guiding our beautiful city. Use your gavel for righteousness and justice. Use your office to guide us in a positive, constructive way. Good luck for the future of Ukiah." He also requested that the matter of in-service training session which was one of Council goals for 1983, be placed on the next agenda. Mayor Feibusch A letter from Assemblyman Hauser was received concerning the Greyhound Line curtailment and asked if the Council wanted to take any action or instruct staff to take action. Council agreed the curtailment should be opposed. City Manager suggested the matter be submitted to MTA and MCOG. He also referred to the correspondence from Southern Pacific, in which they discuss ending the Northwestern Pacific run and asked the Council what action should be taken. The possibility of referring this matter to MTA and MCOG was mentioned and staff was instructed to look into the matter. He reported that he and the City Manager were invited to attend the Mendocino County Employer's Council meeting on Friday, February 18th at 9:00 a.m. which will bring all the owners of the Industrial Park together to discuss financing for the Park. He noted the overcrowded conditions at City Hall and was of the opinion that the Council Chambers must be made available for office space. He asked if the Council would consider using the Saturday Afternoon Club for Council and Planning Commission meetings. It was pointed out that the Council had already made the decision to wait until next July to take further action. ADJOURNMENT The Council met in Executive Session after which the Council reconvened and Councilman Kelley reported the matter of the appeal of Planning Commission action concerning Burger King Restaurant will be on the next agenda. The meeting was adourned at 9:50 p.m. to February 28, 1983 at 6:30 p.m. Sandra Gutierrez Secretary Reg. Mtg. 2/16/83 ?age 11