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Minutes 1985-09-24 - CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA 7:30 P.M. The City Council met in Regular Session with Mayor B'Ann Smith presiding. Upon roll call Council Members Matt Gallagher, Dorace Johnson, Gene Moots and D. G. Porter were present. PLEDGE OF ALLEGIANCE AND INVOCATION Council Member D. G. Porter led the Pledge of Allegiance to our flag. The Rev. Oelbert McLaughlen of Grace Bible Church delivered the invocation. APPROVAL OF MINUTES On motion of Council Member Moots, seconded by Council Member Johnson, and unanimously carried, the Minutes of the Meeting of September 10, 1985, were approved as corrected. APPROVAL OF CHECKS On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, Demand Checks No. P013 through P029 for $96,357.85 and No. 26534 through 26645 for~98,978.58 and Payroll Checks No. 31542 through 31664 for $88,886.60, for a Grand Total of $1,084,223.03, were approved for payment as submitted by City Manager Robert Mack for Finance Director Dave Bacon. ORAL COMMUNICATIONS JIM MC GILLIS of San Luis Engineering, 133 Bridge Street, said his firm is representing Petoseed, Inc., breeders of seed for vegetables, which bas elected to relocate adjacent to Arroyo Grande off Leanna Street. The firm, which breeds seeds for high grade vegetables, will use 22 acres of land, build a 7,000 square foot office building and 6,000 square feet of green houses. Mr. McGillis said the firm chose Arroyo Grande Valley because highly bred vegetable seed which normally takes 10 years to grow will grow in three years here because of the climate and soil. He said the question for the Council is, is th is the type of project that we should be applying to the City for water and sewer services. He said the firm would be using approximately one-half the water and sewer services which would be used by a single family home. Mayor Smith asked Mr. McGillis to leave information and plans about the project with the Council members for further study. MARIE CATTOIR; 195 Orchid Lane, asked how the proposed Fire Sprinkler Ordinance would apply to new mobile homes moved into the City as permanent residences. Fire Chief Doug Hamp said the sprinkler systems will be offered by the mobile home industry and they will be installed on the exterior of the home. Mrs. Cattoir said at present insurance companies are not giving premium credit, except for Hanover Insurance Company. She said some insurance companies do not want to sell home owners policies unless they take a rider covering the malfunctioning of the sprinkler systems. She said the cost of housing will further escalate. She asked if there will be more than one sprinkler system approved for use in the City? Fire Chief Hamp said there would be more than one system, but that there would be special criteria for installation, and the system will be tested at 200 pounds for four hours. CONSENT AGENDA Council Member Porter withdrew Items 15 and 17 and Council Member Moots withdrew Item 18.for discussion. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to approve Consent Agenda Items 7 through 14 and 16. ----- - CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANOE, CALIFORNIA PAGE TWO CONSENT AGENDA Continued 7. Proclamation for UN International Day of Peace, September 17, 1985. [Recommend Mayor So ProclaimJ. 8. Planning Commission Answered Agenda of September 17, 1985. [Recommend Review and File]. 9. Parking and Traffic Commission Answered Agenda of September 16, 1985.[Recommend Review and FileJ. 10. Parks and Recreation Meeting Notes of September II, 1985. [Recommend Review and File]. 11. Letter from Supervisor Ruth Brackett Regarding Oak Park Interchange.[Recommend Review and File]. 12. Letter and Resolution from the San Luis Obispo Area Coordinating Council Opposing the Delay of State Highway Projects within San Luis Obispo County currently approved in the State Transportation Improvement Program. [Recommend Review and FileJ. T 3. Annual Lucia Mar Unified School District School Facility Report. [Recommend Review and FileJ. 14. Annual San Luis Obispo County Department of Animal Regulation Report. [Recommend Review and File]. 16. League of California Cities' Legislative Bulletin No. 33. [Recommend Review and File]. 15. Denial of Claim by L. Quezada and J. Santos. (Recommend Denial of Claim). Council Member Porter asked what is the status of this Claim, and Mr. Mack said that the City has 100 days to payor reject the Claim, and he recommended that the City reject this one. 17. Zoning Violations Enforcement Report (Recommend Review and File). Mr. Porter asked what was the problem with No.1 on this report, and Planning Director Eisner said that there has been a series of complaints during the past few months a~out construction without building permits and transients and parties taking place at what was formerly the Wood-Voakes Mortuary at 134 Nelson Street. He said he and the City Building Inspector have sent a series of letters to the owner of the building and on October 4th (the 31st day after certified notice) the file on the matter will be turned over to City Attorney Art Shaw for preparation of legal action. Mr. Eisner said that on September 28, 1985, a Resolution of Intention to hold an administrative hearing by the Planning Commission for abatement under the City's Nuisance Ordinance will be recommeaded (532 and 540 E. Branch Street). Mr. Eisner said -that the Planning Commission will be asked to adopt a Resolution 0 Intention to hold a public hearing on violation of conditions related to Architectural Review Case No. 84-316 at the Planning Commission's meeting October I, 1985, (No.3 on the Report). 18. Pacific Coast Rail Road Place Right of Way Report (Recommend Review and File). Council Member Moots said he is more concerned with removal of the tree stump at this location, and Public Works Director Paul Karp said that is on his list of things to do. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried, to approve Items 15, 17 and 18 on the Consent Agenda as recommended. - -------.....---- -- CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANOE, CALIFORNIA PAGE THREE LE POINT STREET CURB GUTTER AND SIDEWALK ASSESSMENT DfSTRrCT Mr. Karp said that Special Projects Engineer Dwayne Chisam has recommended that the City Council establish an assessment district for the construction of curb, gutter and sidewalk on the south side of LePoint Street from Mason Street to Tally Ho Road. He said that recent construction on Tally Ho Road will create a small section of unimproved right of way along LePoint Street. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried, to direct Staff to commence District proceedings on the south side of LePoint Street between Mason Street and Tally Ho Road. WELLS STORM BASIN DEVELOPMENT Mr. Karp requested authorization to bid fencing of the recently purchased Wells property at an estimated cost of $14,000. He said budgeted funds are $17,640. He said the fence will be at the property lines except there will be no fencing for access along overflow ditch. He also requested authorization to permit excavation of fill material to conform with the John Wallace retention basin design to accommodate a 100 year flood. He estimated the cost would be $0 if the so i I is provided free to users in exchange for grooming the finished excavation. He said budgeted funds are $0, and estimated cost to contract is $25 - $30,000. Mr. Porter said he was concerned about the natural drainage right at the fence line. Mr. Karp said he was aware of this and would keep a good watch on the project. On motion of Council Member Porter, seconded by Council Member Johnson, and unanimously carried to approve the requests as submitted. 1533 HILLCREST DRIVE PARCEL MAP APPROVAL (LOT SPLIT CASE NO. 85-413). Mr. Karp recommended that the City Council accept on behalf of the public the offers of dedication for street and street tree easements; find that the Parcel Map AG 85-123 is consistent with the approved tentative map for the project found by the Planning Commission to be consistent with the General Plan and City Zoning; find that construction of curb, gutter and sidewalks On Hillcrest Drive would be inconsistent with the development in the area and therefore have not been required; and Approve Parcel Map AG 85-123. On motion of Council Member Gallagher, seconded by Council Member Moots, and carried on a split vote with Council Members Johnson and Porter voting No, to approve the recommendations with the condition that there be a restriction to prevent parking in the common driveway subject to the approval of the City Attorney. PUBLIC APPEAL OF PLANNING COMMISSION'S DENIAL OF A USE PERMIT TO ALLOW FOR DEVELOPMENT HEARING OF CROCKERS LOCKERS SELF STORAGE FACILITY AT 501 GRAND AVENUE. Mr. Eisner said this is a request by Ted Crocker (Crocker's Lockers) for a mini-storage facility at 501 Grand Avenue. He said the matter was reviewed by the Planning Commission and denied by a 2 to 3 vote. He said the major issue with the Planning Commission was the appropriateness of this type of use in the City's commercial area. Mayor Smith said the Notice of Public Hearing had been duly published and a 11 requirements met for this public hearing and invited the public to address the Council. TED CROCKER of 215 Fairway Drive, Solvang, showed Council Members pictures of his storage facilities elsewhere in the State. He said the plan design is good and it meets the zoning requirements. He said the project will be totally enclosed for security and noise, that the building would be less than 10 feet in height, and the site falls away from Grand Avenue. He said 25 per cent land- scaping is included in the plan. He said his traffic report shows that this is a better use than many others, and the impact on water, sewers and police services would be minimal. He said the project meets all the conditions set forth by the Architectural Review. - -- - CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE FOUR APPEAL OF PLANNING COMMISSION'S DENIAL OF A USE PERMIT TO ALLOW FOR DEVELOPMENT OF CROCKER'S.LOCKERSSELF.STORAGE.FACILITY.AT.501 .GRAND.AVENUEContinued Council Members discussed drainage, trees, parking, fencing, easements, fire hydrants, "trash areas, the sign, and traffic involved with the storage faci I ity. MRS. LELAND DENNAM of 520 Grand Avenue said that this is not the place to put a mini-storage facility. LARRY TOLEDO of 610 Taylor Place said he represented the residents of Taylor Place, and they would approve of a mini-storage over many other types of businesses in this site. He said he had gone to Solvang to see the builder's facility there and it was a good one. MRS. AKIO HAYASHI of 516 Grand Avenue said a mini-storage of this sort should be located on the edge of town instead of the middle of town. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Council Members discussed the 13 conditions set forth in a Staff Report concerning the proposed facility. The Council decided to add three more conditions, 1. That there be a right-turn-only exit onto Grand from the facility; 2. That there be concrete curb and gutter on the private access way, and 3. That the project should be subject to recording with the San Luis Obispo County Recorder's Office. On motion of Council Member Johnson, seconded by Council Member Moots, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moots, Porter and Mayor Smith NOES: None ABSENT: None the Appeal of the Planning Commission denial was approved. PUBLIC PROPOSED ZONING CHANGE FROM "P-C" (PROFESSIONAL COMMERCIAL DISTRICT/"R-l" HEARING SINGLE. FAMI LY ''RES 1 DENTlAL. DI STRI cn ,TO"P..C". (PROFESS IONAL. COI'IHERC IAL DI STRI CT/ "R- 3" MULTIPLE FAM I LY RE51 DENT I AL D I STR I Cn ; . FOR. AREA DESCR I BED AS OFF HALCYON AND EAST OF DODSON WAY' (GRIEB.FAMILY TRUST). Mr. Eisner said this is a request for rezoning for property from 'R-l" to "R-3" (density not to exceed 14 units to the acre). He said this zoning request Is directly related to a General Plan amendment approved by the Planning Commission and the City Council. The zoning request would have the effect of creating consistency between the General Plan and the zoning, he said. He said that the Council also should consider rezoning the 100 foot wide strip along Alpine Street, Identified as open space at the time of the General Plan hearing, to "0" Open Space. He explained that the open space contained remnants of a native American civilization. After questions of staff, Mayor Smith said the Notice of Public Hearing had been duly published and all requirements met for this public hearing and invited the public to address the Council. KEITH GURNEE of Richmond, Rossi, Montgomery, representatives of the Grieb family, said the proposed project design is best for all concerned, with the Open Space (where the Indian artifacts are located) serving as a buffer between the single family homes and the multiple family apartments. He said the proposed project would orient itself to Halcyon Road rather than Alpine Street. -'- -, CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE FIVE GRIEB PROJECT OFF HALCYON AND.EAST.OF DODSON WAY Continued DICK LYONS of 620 Cerro Vista Circle said he did not approve of the project and would rather have single family homes. VIVIAN POSTON of 640 Cerro Vista Circle said the Arroyo Grande Hospital is expanding and this would cause more traffic. She said her quiet neighborhood would be spoiled with traffic and noise. K. SAKURAI of 271 S. Alpine Street said he is against condominiums at this site. CHET WILLIAMS OF 649 Cerro Vista Circle said he was against condominiums also. PATRICK KLEIN of 625 Cerro Vista Circle said he had moved here to live in a quiet neighborhood, and he would rather have single family homes in the project. ANITA GASKILL of 633 Cerro Vista Circle said she had turned into the Council a petition containing 63 signatures against the proposed project. She said many residents could not attend the meeting but opposed the project. She said the rezoning would set a president, and there has been a high density trend from agriculture, to R-I, and then R-3. She said traffic flow is heavy at peak periods already. She asked those in the audience opposing the rezoning request to stand. A majority in the Council Chamber audience stood. MR. GURNEE said the project will contain apartments not condominiums. BARBARA GRIEB of 4287 Lopez Drive referred to her letter to the Council explaining the problems with developing a project such as this and how her family feels about it. ROBERTA CABOTAGE of 649 Cerro Vista Circle said she would prefer 21 single family homes to the 53 in the apartment project. LIN ZIMMERMAN of 629 Cerro Vista Circle said she is opposed to apartments. MABEL SAM of 604 Cerro Vista Circle said she is opposed to the proposed project. CHET WILLIAMS said the Open Space in the proposed project should never be disturbed. LILLIAN SAKURAI of 271 5. Alpine Street said she is opposed to any multiple dwellings. DAVID GASKILL of 633 Cerro Vista Circle said the project would cause additional traffic on Halcyon Road, a main artery going by an elementary school to the Nipomo Mesa. He said the single family homes with access on Alpine Street would be the better plan. Mayor Smith called for others to speak, and when no one came forward, she declared the hearing closed. Council Member Moots said that this is a continuation of a step already started...it is the final step in the zone change. He said the architectural review of the project that finally comes in will decide what the project will look like, and the Open Space will be there. He said he would not vote for down zoning of agriculture land. Council Member Porter said that when the project comes to the Council for final consideration, he would like to see a fence to protect the South Alpine properties. ~-".,._-_.- --- -. CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE SIX GRIEB PROJECT OFF HALCYON AND EAST OF DODSON WAY Continued On motion of Council Member Johnson, seconded by Council Member Gallagher, and unanimously carried, to accept into the record a petition containing signatures of those opposing the proposed zone change presented by Anita Gaskill of 633 Cerro Vista Circle. Council Member Johnson said she feels that the Indian remains should be protected, that the Grieb family should be allowed to resolve the problem of developing the project, and the neighborhood should be protected. She said that the Council should show care to enhance the neighborhood, and she would never vote for access on Alpine Street. Council Member Gallagher said that the proposal now calls for a 100-foot strip to be kept in perpetual open space and that would probably enhance the area as would the 14 units to the acre density. Mayor Smith objected to the proposed increased density in the project. She said the open space buffer zone will probably be used by apartment dwellers as a play yard. The property should stay under its current zoning designation to prevent further pressure on traffic, schools and agricultural land, she said. She praised the firm of Richmond, Rossi, Montgomery as planners of good projects, andsai.d that is the onl~ good thing about the proposed project. She said she voted against the General. Ian amendment that allows such zonIng changes, and would vote against the proposal when it comes up for final approval. Mr. Eisner read the title of the proposed Ordinance approving the zone change. On motion of Council Member Moots, seconded by Council Member Johnson, and carried by a majority vote, to dispense with further reading of the proposed Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE APPROVING A ZONE CHANGE FROM "R-l" SINGLE FAMILY RESIDENTIAL DI STRI CT TO "R-3" MULTI PLE FAM I LY RESI DENTlAL D I STRI CT AND CHANGING A PORTION FROM "R-l" SINGLE FAMILY . RE51 DENTI AL D 15TR 1 CT TO "0" OPEN SPACE D 1 STR I CT, APPLI ED FOR BY THE GRIEB FAMILY TRUST ON PROPERTY ON SOUTH HALCYON ROAD AS DEFINED ON THE ATTACHED MAP, LABELED "EXHIBIT A". Mayor Smith said that constitutes the first reading of the Ordinance. PUBLIC PROPOSED CHANGE OF ZONING CLASSIFICATION FROM RA-B2 to RA-Bl-D by San Luis HEARING ENGINEERINGFORH.LEE,WITHIN200 BlOCK.OFJAMESWAY. Mr. Eisner said that this is a continued public hearing. He said this property is located immediately adjacent to property recently rezoned from "RA-B3" to "RA-Bl-D" (Lauthbury). He said the General Plan designates this area Low Density Residential not to exceed 4.5 units per acre. He said the Planning Commission felt that the reduced lot area would not be consistent with the land use pattern on James Way, and recommended denial. Mayor Smith said the Notice of Public Hearing had been duly published, and all legal requirements met and declared the continued public hearing open. DAVE RHINER of San Luis Engineering represented the property owner, H.Lee, at the meeting. He said that at the last Council meeting questions were asked about lot sizes and configurations. He gave the Council copies showing how the lots could be split, and a map of the area. He said Exhibit 1 shows a 2-lot split configuration; Exhibit 2 shows lot sizes would be in excess of 13,000 square feet and notes the Lauthbury property; Exhibit 3 shows size of lots in question and the surrounding properties, and Exhibit 4 shows City of Arroyo Grande Zoning Map with the site and surrounding area. He said the rezoning is consistent with the General Plan and would allow for widening of James Way. ---"- ------- -' CITY COUNC IL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE SEVEN PROPOS EO REZONING - H. LEE, WITHIN 200 BLOCK OF.JAMESWAY-C6ntinued SALLY WEITKAMP of 251 James Way spoke against the rezoning. She said that James Way basically h~s larger lots, and that the rezoning could spread with other property owners requesting it. SPENCE THOMAS of 141 James Way questioned the need to split the lot, and said that the City should follow the standards it has set. ADELLE HULLA of 244 James Way said that the zoning should be kept at RA-B2 for consistency of the street. MARIE CATTOIR of 195 Orchid Lane said the problems of Tally HoRoad should be solved before any further division of land be considered. MIKE CAFARCHIA OF 241 James Way said James Way is an area in and of itself and the majority of the lots are RA-B2. She said she would like to keep it that way. SPENCE THOMAS reiterated what Mrs. Cattoir had said. Mayor Smith Called for others to speak, and when no one came forward, she declared the hearing closed. After Council discussion, on motion of Council Member Johnson, seconded by Council Member Gallagher, the Council decided to deny the zone change on the following roll call vote, to wit: AYES: Council Members Johnson, Gallagher, Moots, Porter and Mayor Smith NOES: None ABSENT: None PUBlI C APPEAL OF TWO CONDITIONS SET FORTH BY THE PLANNING COMMISSION FOR PROPOSED HEARING .HARRISAND COCKS OFFICE.COMPLEXAT.1190GRAND.AVENUE-CONTIN UED.PUBLIC HEARING On the recommendation of Mr. Mack,and on the motion of Council Member Moots, seconded by Council Member Gallagher, and unanimously carried to enter into the record that the City C,I,erk has received a signed letter from Mr. Ron Harris withdrawing his appeal on this Architectural Review Case 85-340. INDUSTRIAL DEVELOPMENT BOND TRANSFER TO SAN BERNARDINO Mr. Mack said that in May, 1985, the City Council adopted the resolution transferring Arroyo Grande's 1985 private activity bond allocation of $660,000 to San Bernardino, which solicited Arroyo Grande's allocation with an offer of $1,650. He said that in August, the Governor amended the rules of the private activity bond allocation system and established a maximum charge of $1,000 as an administrative fee which could be charged by one agency to another. He said San Barnardino is proceeding with their project and will utilize the City's $660,000 allocation this year. He recommended that the City Council continue to make the allocation available to San Bernardino, in which case, Arroyo Grande would receive $1,000 in the event San Barnardino uses the allocation. On motion of Council Member Porter, seconded by Council Member Moots, and unanimously carried to approve Mr. Mack's recommendation. ARROYO GRANDE CREEK CLEANING PROJECT Mr. Karp said that in anticipation of possible larger flows than normal resulting from runoff due to the fire in the Arroyo Grande water shed, the Staff proposes a one-time creek cleaning project. He said that the work would be performed under the City's agreement with the State Department of Corrections. He recommended that the City Council authorize expenditure of approximately $5,000 from Revenue Sharing un budgeted revenue towards a creek cleaning project primarily located between the banks of the Arroyo Grande Creek throughout the City limits. On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimously carried, to approve the recommendation of Mr. Karp. -- ". m__._.._........_. . . - CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE EIGHT ORDINANCE TO CO~RECT MUNICIPAL CODE ERRORS Mr. Mack said that during codification to the Municipal Code, three unintended changes were made to the Code in Ordinances 303 C.S., 309 C.5. and 311 C.S. He recommended repealing the original Section 7-1.03 which Ordinance 303 C.S. intended, but failed to do; Correcting the numbering error in Ordinance 309 C.5.; Reinstating the erroneously repealed parking standard in Ordinance 311 C.S. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to di$pense with further reading of the propo$ed Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE CORRECTING TECHNICAL ERRORS CONTAINED IN ORDINANCES 303 C.S., 309 C.S. AND 314 C.S. AND AMENDING THE MUNICIPAL CODE Mayor Smith $aid that constitutes the first reading of the Ordinance. ORDINANCE REQUIRING INSTALLATION OF AUTOMATIC FIRE SPRINKLERS IN ALL NEW CONSTRUCTION On motion of Council Member Gallagher, seconded by Council Member Johnson, and unanimou$ly carried, to accept into the record two letters prote$ting the proposed fire sprinkler ordinance. Mr. Mack read the title of the Ordinance. On motion of Council Member Gallagher, seconded by Council Member Moots, and unanimously carried to dispense with further reading of the Ordinance. ORDINANCE NO. AN ORDINANCE OF THE CITY OF ARROYO GRANDE AMENDING THE MUNICIPAL CODE TO REQUIRE THE INSTALLATION OF AUTOMATIC FIRE SPRINKLERS IN ALL NEW CONSTRUCTION. On motion of Council Member Gallagher, $econded by Council Member Moot$, and on the following roll call vote, to wit: AYES: Council Members Gallagher, Johnson, Moot$, Porter and Mayor Smith NOES: None ABSENT: None the foregoing Ordinance was passed and adopted on the 24th day of September, 1985. WRITTEN COMMUNICATIONS Mr. Mack said the Council had received a copy of a letter Mayor Melanie C. Billig of San Lui$ Obispo had sent to Mr. Don Benninghoven, Executive Director of the League of California Cities, urging that the League support a statewide ballot initiative reforming the current rules of joint and several liability. Mr. Mack al$o referred to the a League of California Cities annual conference update and monthly bulletin received by the City. ORAL COMMUNICATIONS Council Member Johnson asked for an update on the Tally Ho Road construction, and Mr. Karp said the road should be finished by the,end of the month, and the water line in by the end of October. Council Member Johnson asked about a jutting out piece of land on Tally Ho Road, and Mr. Karp said that City Attorney Shaw would be writing a letter to the property owner informing him that the City would be doing the realignment at no cost to the owner. --- -..,.- -------. -- - ~--, .--.-..----- --------_.~-- ~, \ CITY COUNCIL SEPTEMBER 24, 1985 ARROYO GRANDE, CALIFORNIA PAGE NINE ORAL COMMUNICATIONS Continued Council Member Johnson asked about the progress of the Pacific Coast Railway Place project, and Mr. Karp said he had been unable to contact the property owners concerned. Concerns were expressed about Harvest Festival traffic on Tally Ho Road, and Mr. Karp said he would be closing it to through traffic and it would be open only to residents. Mayor Smith asked about grading on the John E. Foremaster housing develop- ment at Oak Park, and Mr. Karp said that the original grading plan for the project does not show encroachment into the swale and open space. Mayor Smith asked him to keep close watch on this. Mayor Smith complained about the City Hall telephone system, and said that it breaks down too often. Mr. Mack said that representatives from both the internal and external systems had been in to see what the trouble is, and both say it is not their system at fault. He recommended seeking an outside trouble- shooter to get an independent look at the situation. Council Members authorized Mr. Mack to take this action, and report at the next Council meeting. ADJOURNMENT Council Members adjourned to a Closed Session at 10:13 P.M. RECONVENEMENT AND ADJOURNMENT The City Council reconvened at 10:40 P.M. There was a discussion of the IRS Commuter Tax. The Council asked Mr. Mack for more clarification on the matter at the next Council meeting. The Mayor adjourned the meeting at 11:13 P.M. . /u.~~ MAYOR ATTEST: ~ a. fEJt2J~) cn CLERK