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HomeMy WebLinkAboutDECEMBER 2,1969 CITY COUNCIL PROCEfDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK 18:7544 MINUTES CITY COUNCIL OF THE CITY OF ARCADIA REGULAR MEETING DECEMBER 2,' 1969 I The City Council of the City of Arcadia, ,California, met in regular session in the Council Chamber of the Arcadia City Hall on December 2, 1969, at 8:00 P,M. INVOCATION Rev, Norvall Hadley, Arcadia'Friends Church PLEDGE OF ALLEGIANCE Mayor Pro Tempore Edward L, Butterworth ROLL CALL' PRESENT: ABSENT: Councilmen Butterworth, Considine, Rage, ~elms Councilman Arth MINUTE AP~OVAL On request of Councilman Helms and on MOTION by Councilman Considine, seconded by Councilman Hage and carried, the Minutes of the regular meeting of November 18 were AMENDED to reflect, as part of the record, a communication from Mr, Helms setting forth his position in opposing the repeal of the city's parking tax ordinance, Mr, Helms presented a copy of said letter to the City Clerk and it is hereby made part of the official record, The Minutes, as thus amended, were APPROVED on MOTION by Councilman Considine, seconded by Councilman Hage and carried unanimously, Councilman Helms abstained from voting as he was absent from said meeting', I HEARING Appeal filed by Joseph E. Rognstad from the decision of the Planning (Lot Split) Commission in its denial of his application for a division of property p' L-t ~ J,;fat 371 Warren Way, (Continued from November 18), , ~ (FULL TRANSCRIPT ON FILE IN THE OFFICE OF THE CITY CLERK). James T, LeBerthon, attorney for the applicant, addressed Council stating in PART that there are two arguments in the matter - one based on the law and the city municipal code as it applies thereto - the second based on the facts under the law as it has ,been applied by the Commission, He continued that the minutes of that body indicate that after considera- tion of the comments of its members it denied the application because they looked with disfavor on the request in that a,division of the property would detract from the esthetic value and graciousness of the neighborhood and in one instance that the lot is not compatible with the general area according to Code Section 9122.5. He read said'section into the record (adopted May 7, 1963), He then called attention to the Business and Professions Code of,the State, Section 11540, as amended in the Statutes of 1965, ,and read th~ first portion of that section into the record - which he stated overruled local jurisdiction; that the section upon which the 'Commission based its authority to make a decision provides grounds for denial of a lot split different from those for denial in the case of a s~bdivision and that the continued application of Section 9122.5 of the Municipal Code imposes a regulation more restrictive for lot splits than for subdivisionso He explored the dimensions of the proposed lot split which he stated in part meets and exceeds the requirements in an R-l zone and if the setback were used to deny the application it would deprive the applicant of the best use and enjoyment of his premises similar to the taking of a street or potential public street for public use and possibly grounds for inverse condemnation; that the use of Section 9122,5 as applied, if the lot is considered incompatible with the neighborhood, is invalid, and as an ordinance, in excess of the. legislative jurisdiction of the municipality 12-2-69 - 1 - 18:7545 since it has not been applied to subdivisions; that the Business and Professions Code applies to Charter Cities and authorizes them to regulate lot splits within certain limitations and those limitations being that a City cannot impose any stricter.requirement in the case of applications for lot splits than applies to applications for sub- divisions. A member of the Planning staff referred to its report which noted in part that the property division is proposed to create two parcels from one R-l lot; that they have dimensional characteristics; that the existing structures are to remain. The Department recommended against the lot split as it believed it would be detrimental in the long range interests of the city-it could serve to encourage further proliferation I of minimum sized lots in stabilized residential areas composed of large sized lots. He noted on a map lots in the area with similar dimensions which could become future lot splits; that it would provide a basis for changed population densities, reduced quality of residential construction 'and heavier traffic flow. Reference was made to the possibility of rezoning :ehe area in order to maintain the present character, He concluded by ad- vis~ng C9uncil if it were to approve the lot split certain conditions should be impose'd, Mr. LeBerthon continued his presentation - in part - that although it is commendable for the Planning staff to take into consideration the afore- mentioned points there is no lawful authority, as the code now stands, by 'which the Commission can deny the lot split on the basis of those con- siderations under Section 9122,5 - that whether or not those points are validly made or the opinions cogent - it is immaterial to the granting of the lot split. Joseph Rognstad, the applicant, addressed Council - in part - that there are presently 19 non-conforming lots in the subject area and pointed out property divisions similar to that for which he is applying. He felt that the requested lot split would not lead to proliferation because there are so 'few remaining lots which could be so divided, Mr. LeBerthon then explored the type of residences proposed for construction which would be in the $50,000 bracket, and in his opinion would not detract from the neighborhood, He closed his remarks by stating in part that it has not been shown in the Planning'Department report how the area could be adversely affected, He asked for and received permission to speak to the , matter b~fore the hearing was closed, Robert Newell, 404 Los Altos, commented that with so few rema.n.ng lots adequate for dividing, the proposed lot split would improve the area and cited possibilities. No one else desiring to speak in favor of the application, those in opposition were then heard. Thomas R. Henderson, 329 Warren Way, stated in part that after hearing thel presentation of Messrs. LeBerthon and Rognstad he could offer only a plea; that the residents chose the area because of the large lots with low population density, He felt that a division of the property would lead to future lot splits and a general degradation of the area - more vehicular traffic, increased school enrollment and perhaps to an economic depression in the entire area, He noted that the residents may request a rezoning. A petition in opposition and signed by property owners in the immediate area was then presented to the City Clerk, He asked that the Planning Commission recommendation for denial be upheld, Dennis Garside, 482 Los Altos, referred to an adjacent substandard street and a landscaped small corner lot, which he felt detracts from the neighbor- hood, He asked for denial of the application, 12-2-69 - 2 - , , 18:7546 George Enell, 2509 Albert Way, asked that the large lots be preserved which was one of his reasons for moving into the area, Tom Dittmar, 356 W, Palm Drive, speaking on behalf of his parents, explored the present improvements and asked that consideration be given to what could be constructed if the property were divided, He asked that the application be denied, The City Clerk read into the record two communications: Merrill L, Swan, 372 Warren Way', in opposition, and,from George A, and Emma F, Burk, 401 Los Altos Avenue, in favor, I Mr, LeBerthon stated in part that perhaps it would be a proper step for the concerned residents to seek a rezoning, but that during the interim the property is zoned R-l; that the requested lot split conforms to the Code and the only basis for disapproval is apparently an esthetic one for which there seems to be no lawful authority; that he and his client are prepared to litigate the issue if necessary which would be unfortunate when the law seems to be clear, Mr, Rognstad clarified the ownership of the very small corner lot to which Mr. Garside referred - that it is owned and landscaped by the City. He has no interest in the property, HEARING CLOSED No one else desiring to be heard the Hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously. In view of the appeal based in part on the proposition that as a matter of law the Council is compelled to grant the lot split if there is no legal basis for denying it, Mayor pro tempore Butterworth asked the City Attorney for an opinion, The City Attorney ruled that the City's ordinance is valid, Councilman Hage agreed there are substandard lots in the city which cannot now be changed, that he is primarily concerned with the effect the lot split could have on the larger lots in the highly developed area; that he would have to abide by the decision of the Commission and leave the legality of the ordinance up to the City Attorney. Councilman Helms stated in part that he was present during the proceedings before the Commission; that there had not been anything new presented at this hearing, He concurred with Councilman Hage and felt that the resi- dential appeal of the subject area is its large lots, He felt that the conclusion drawn by the attorney for the applicant does not necessarily follow from the premises that were made; that in his opinion when a division of property would be injurious to a neighborhood, such division could be legally and properly denied. I Councilman Considine stated in part that he would support the decision of the Commission and was only concerned with the legal aspect which the City Attorney has clarified, In view of the above observations, Mayor pro tempore Butterworth called for a motion. It was MOVED by Councilman Helms, seconded by Councilman Considine, and carried on roll call vote as follows, that Council overrule the appeal and sustain the action of the Planning Commission in its denial of the application for a lot split at 371 Warren Way, AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth 12-2-69 - 3 - HEARING Used Car Lot ~$;Z APPROVED HEARINGS L M D 32 & 33 FORMATION ;? /.1// -r- / ,:lj A.. RESOLUTION NO. ~ '/103 ADOPTED ~ /.;V/ RESOLUTION NO. ~ ,//0,/ ADOPTED ~ /.;i/f< 18: 7547 Application of the Cu-Bar Motors, Inc., for a business permit to operate a used car sales lot at 400 E, Huntington 'Drive, Mayor pro tempore Butterworth opened the hearing and no one desiring to speak to the matter, the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously, Whereupon it was MOVED by Councilman Considine, seconded by Councilman Helms and carried unanimously that the application be APPROVED and that a business permit be so issued, Pursuant to Resolution Nos, 4093 and 4094 concerning the formation of Lighting Maintenance District Nos, 32 and 33 respectively, this was the time scheduled for hearing from anyone interested and the public in general on the proposed formation, Mayor pro tempore Butterworth deClaredl the hearings open and Charles Harding, 145 E. Live Oak Avenue, requested information as to the responsibility of the cost of District No. 33, The City Manager and Director of Public Works explained that the property owners will not be assessed for the installation of this particular distri , only for the power and maintenance, No one else desiring to be heard, the hearing was CLOSED on MOTION by Councilman Considine, seconded by Councilman Rage and carried unanimously. Whereupon the City Attorney presented, explained the content and read the title of Resolution No, 5003, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE FORMATION OF LIGHTING MAINTENANCE DISTRICT NO. 32", It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Resolution No, 5003 be WAIVED, AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that Resolution No, 5003 be ADOPTED. AYES: NOES: ABSENT: Councilmen Considine, Hage, Helms, Butterworth None Mayor Arth The City Attorney presented, explained the content and read the title of Resolution No, 5004, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE FORMATION OF LIGHTING MAINTENANCE DISTRICT NO. 33", It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that the read~ng of the full body of Resolution No, 5004 be WAIVED. I AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that Resolution No. 5004 be ADOPTED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth 12-2-69 - 4 - I I CIVIL DEFENSE & DISASTER BOARD (continued) -/- f33 PERSONNEL (Police Salaries) J:rf A' , . . '" ~-;..-:v ,~././ 18:7548 Recommendation of the Civil Defense & Disaster Board concerning a proposed revised ordinance. The matter first came before Council on pctober 18, The City Attorney submitted detailed comparisons of the existing ordinance and the proposed revised ~ections. The pro- posed ordinance follows the models recommended by the State and County Civil Defense a~d Disaster agencies. Extensive discussion ensued and it was the consensus of the Council that it could not at this time vote for the change especially in the area of the. declaration of emergencies, ,chain of command, etc. A record of comments made at this meeting will be compared by staff with the existing ordinance, a compilation thereof will be made and sub- mitted to the Civil Defense and Disaster Board for its further considera- tion and recommendation. Personnel Board recommendation concerning the request of Police Lieutenants Neal R, Johnson and Howard L, Piland asking for a waiver of Rule IV Section 3,a of the Personnel Rules and Regulations and place them on the D-step of the Lieutenant classification, It appears that at the time all salaries were adjusted to be effective July 1, 1969, there was also an adjustment of the interval between Sergeant and Lieutenant. As a result, a situation was created where a Sergeant promoted to Lieutenant after July 1, under the rules and regulations, could be placed in a higher pay step than the two Lieutenants who had been promoted to the position prior to July 1, 1969, The Board recommended that the two Lieutenants be placed in Step D of the Lieutenant classification effective July 1, 1969, and their anniversary date for the purpose of promotion to the next step be July 1, 1969, Councilmen Considine and Helms felt that an executive session would be in order to discuss this personnel matter. However, the City Attorney ruled that it was not a proper matter for an executive session. Councilmen Hage and Butterworth accepted the ruling and in order to have it in the record it was MOVED by Councilman Considine, seconded by Councilman Helms that the Council adjourn to an executive session in order to discuss this particular item, Roll call was then taken, AYES: NOES: ABSENT: Councilmen Considine, Helms Councilmen Rage, Butterworth Mayor Arth MOTION FAILED TO CARRY During the discussion the City Manager explained that it is not unusual in governmental agencies operating with five-step pay plans to have overlapping ranges wherein such problems do occur. The Council concurred that the City Manager and Personnel Director had acted properly under the present rules and regulations, however, it was the consensus of Council that relief should be granted the two Lieutenants and that perhaps some procedure should be worked out whereby the City Manager were given some flexibility in such situations, Recommendations will be made for Council cons id er at ion. Councilman Considine stated in part that he is still of the op~n~on that salary increases should be based on a merit system; that the present method of salary increases does not inspire in every instance the effort necessary to merit a raise; employees tend to feel that if they continue the way they are that time alone will give them more money and in his thinking this deadens incentive in some people and, although he is entirely in favor of adjusting the subject two salaries, a problem still exists. It was then MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the recommendation of the Personnel Board be APPROVED and that the two Lieutenants be placed in 12-2-69 - 5 - 18:7549 Step-D classification retroactive to July 1, 1969, which date is to be used for the purpose of promotion to the next step on July 1, 1970, AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth PERSONNEL The recommendation of the Personnel Board to eliminate the mandatory (Water certification requirement of certain Water Department personnel was Departm:j:nt) APPROVED on MOTION by Councilman Considine, seconded by Councilman'Hage W 1f; 0-t and carried unanimously, It was noted by the City Manager and the II,", ""it; ~.... Water Manager that the subject department will continue to encourage ~"'-pr .-'1'.....4'1" '-"':employees to attend school and obtain certificates; and in the event mandatory and/or voluntary certification should be adopted in the State, certified personnel would then be available, CONDITIONAL USE PERMIT (Drive-In Photo) CONTINUED UTILITY FUNDS (Underground) , EQUIPMENT PURCHASE (Police Cars) f: tf.~ WATER RATES (Held Over) CONDITIONAL USE PERl1IT (Phillips Petroleum) -;: / ri atl INSURANCE PROGRAM ~-y'. p; Planning Commission Resolution No. 688, granting a conditional use permit for a drive-in photo processing business at the southeast corner of Live Oak and Welland Avenues. The matter was continued until the regular meeting of December 16, providing time for the filing of an appeal by any interested citizen. The appeal period elapses December 5, I On MOTION by Councilman Hage, seconded by Councilman Helms and carried unanimously, staff was instructed to prepare a resolution to be submitted to the Public Utilities Commission recommending that it increase the amount of funds which the utilities must provide for assisting under- grounding assessment districts in residential areas, and also make residential areas eligible when property owners of such a district have created an assessment district under which they pay at least one-half of the cost. It was noted that this would apply to the old subdivisions, because such undergrounding is presently ,required in all new subdivisions. The City Manager and the Acting Purchasing Officer reported on the one bid received for the purchase of ten police patrol cars and two staff cars (Police and Fire) and recommended awarding the contract ,therefor, Whereupon it was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the contract for the purchase of ten police cars and two staff cars be awarded to MacKaig & Sons in the total amount of $21,870,35 which amount includes trade-ins as set forth in the staff report dated December 2, 1969, Funds provided ,in the 1969-70 budget, AYES: NOES: ABSENT: Councilmen Considine, Hage, Helms, Butterworth None Mayor Arth At the request of the City Council, staff prepared an extensive report on the possibility and feasibility of reducing the water rates, ,Discussion and consideration of the matter was held over until the next regular meeting (December 16) at which time a full council will be present. I Charles Finn, representing the Phillips Petroleum Company, owner of a service station at the northwest corner of Santa Anita and Live Oak Avenues, explained a misunderstanding relating to the granting of a conditional use permit for the modernization of the station on December 17, 1968, During the deliberations reference was made to an 18 months period which Mr. Finn understood was the time allotted for the remodeling. However, he was advised that the permit expires within six months from the date of approval and that he should reapply to the Planning Commission; that the City Council cannot help at this point. The Planning Director will endeavor to expedite the matter, Council received, as an informative item, some material on a voluntary mutual fund insurance program in amounts whereby all employees, regardless of salary level, could participate, without cost to the City, The matter will be considered in a study session to be held December 10 at 7:30 P,M. in the Conference Room. 12-2-69 - 6 - I I ORDINANCE NO, 1403 READOPTED ~ ORDINANCE NO. 1404 ADOPTED ~ ORDINANCE NO. 1405 INTRODUCED ~ ORDINANCE NO. 1406 18:7550 The City Attorney presented for the second time, explained the content and read the title of Ordinance No, 1403, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA REPEALING THE PARKING TAX." It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that the reading of the full body of Ordinance No, 1403 be WAIVED. AYES: NOES: ABSENT: Councilmen Considine, Hage, Helms, Butterworth None Mayor 'Arth It was MOVED by Councilman Considine, seconded by Councilman Hage and carried on roll call vote as follows, that Ordinance No, 1403 be ADOPTED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Butterworth Councilman Helms Mayor Arth The City Attorney presented for the second time, explained the content ~nd read the title of Ordinance No, 1404, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING SECTION 7212 OF THE ARCADIA MUNICIPAL CODE RELATING TO CONCURRENT IMPROVEMENTS." It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Ordinance No, 1404 be WAIVED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call,vote as follows, that Ordinance No, 1404 be ADOPTED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1405, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ARCADIA MUNICIPAL CODE TO CHANGE 531-601 WEST DUARTE ROAD FROM R-l TO RC3." It was MOVED by Councilman Considine, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Ordinance No. 1405 be WAIVED, AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Considine, seconded by Councilman Helms carried on roll call vote as follows, that Ordinance No, 1405 be INTRODUCED, AYES: NOES: ABSENT: and Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth The City Attorney presented for the first time, explained the content and read the title of Ordinance No, 1406, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARCADIA AMENDING THE ZONING ORDINANCE RELATING TO ACCESSORY BUILDINGS AND MAXIMUM LOT COVERAGE IN THE R-~ AND R-O ZONES." It was MOVED by Councilman Helms, seconded by Councilman Hage and carried 12-2-69 - 7 - INTRODUCED RESOLUTION --- NO. ~'//<" ADOPTED /" Al'POINTMENT TO PERSONNEL BOAR~ 1; -' j' c,. CONSIDINE HELMS 18:7551 on roll call vote as follows, that the reading of the full body of Ordinance No. 1406 be WAIVED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Helms, seconded by Councilman Hage and carried on roll call vote as follows, that Ordinance No, 1406 be INTRODUCED. AYES: NOES: ABSENT: Councilmen Rage, Helms, Butterworth Councilman Considine Mayor Arth, I The City Attorney presented, explained the content and read the title of Resolution No, 5005, entitled: "A RESOLUTION AND ORDER OF THE CITY COUNCIL OF THE CITY OF ARCADIA DECLARING ITS INTENTION TO PAY 50% OF THE 1970-71 METROPOLITAN WATER DISTRICT TAX." It was MOVED by Councilman Hage, seconded by Councilman Helms and carried on roll call vote as follows, that the reading of the full body of Resolution No, 5005 be WAIVED. AYES: NOES: ABSENT: Councilmen Considine, Rage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Hage, seconded by Councilman Helms and carr'ied on roll call vote as follows, that Resolution No. 5005 be ADOPTED. AYES: NOES: ABSENT: Councilmen Rage, Helms, Butterworth Councilman Considine Mayor Arth It was MOVED by Councilman Hage, seconded by Councilman Considine and carried unanimously that Conley, Ferguson be appointed to fill the vacancy on the Personnel Board created by the resignation of John Sturgeon, Term to expire June 30, 1970, Mr, Ferguson is an official with the Pacific Telephone Company and was welcomed by the City,Council, At the request of Councilman Considine, staff prepared a preliminary report concerning intersection lighting dated 'December 2. Statistical data, power and maintenance costs, and total installation cost for improved lighting were included therein, Staff will expand on the program and make recommendation. At the request of Councilman Helms, a study will be made of the lighting in the parking lot and sidewalk area of the City Library. The parking I area between the Library and the Masonic Lodge is especially in need of adequate lighting, At the request of Councilman Helms, staff will look into improved street name identification in an endeavor to assist persons in locating a certain street. Councilman Helms made reference to a recent fire at an apartment complex on Duarte Road. He commended the City Fire Department in its handling of this emergency. He noted that in this particular instance it was possible for equipment to reach the rear of the "building, but when the new apartment building is completed next door it would be an impossible situation, He felt that in construction such as this, additional fire hydrants or stand- pipes should be required, and that same be approved at the planning stage by the Fire Department, The City Manager explained firecall operations and the equipment used, Staff will check into the uniform building code for this and rear exit provisions in facility construction. - 8 - 12-2-69 I I PROCEDURAL ORDINANCE RESOLUTION NO, 5'fttl'6q/~b ADOPTED ,,/" ADJOURNMENT 18:7552 In order to consider the following matter, the prov~slons of the Procedural Ordinance were WAIVED on MOTION by Councilman Hage, seconded by Councilman Considine and carried unanimously. The City Attorney presented, explained the content and read the title of Resolution No, 5006, entitled: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA RE APPORTIONMENT AND EXPENDITURE OF GAS TAX FUNDS," It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that the reading of the full body of Resolution No, 5006 be WAIVED. AYES: NOES: ABSENT: Councilmen Considine, Hage, Helms, Butterworth None Mayor Arth It was MOVED by Councilman Hage, seconded by Councilman Considine and carried on roll call vote as follows, that Resolution No, 5006 be ADOPTED. AYES: NOES: ABSENT: Councilmen Considine, Hage, Helms, Butterworth None Mayor Arth There being no further business the meeting was ADJOURNED SINE DIE at 11:05 P.M" on MOTION by Councilman Considine, seconded by Councilman Helms and carried unanimously. {!I/~ a-ZL Mayor ~~5?r~ City Clerk - 12-2-69 - 9 -