HomeMy WebLinkAboutMinutes - 06-24-97 - Regular Meeting MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 24, 1997
TABLE OF :MINUTE ACTIONS
SUBJECT ACTION PAGE NO.
Proclamation of Achievement to Eagle Scout G. Ryan Davis 1
Res. #6067, Adopting the FY 1997 -98 Budget Adopted 2
Res. #6068, Establishin g a Uniform Schedule of Fees Adopted 3
Removal of Items from Consent Calendar 3
Council Minutes: Adjourned Meeting 6/5/97; Adjourned &
Regular Meetings, 6/10/97 Approved 3
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Cash Contract #S. S. 478 - Traffic Signal Modifications: Declare
the proposal of A.G.E. General Construction, Inc., the apparent
low bidder, to be non - responsive and reject the bid; and award
a unit price Contract to the second lowest bidder, C.T. & F., Inc. Approved 4
Warrants Issued: #132971 - 133405 Approved 4
Extension of Consultant Agreement with E. Del Smith & Co.,
Inc.: Auth. City Manager to enter into agreement to provide
consultant services through June 30, 1998 Approved 4
Agreement for Crossing Guard Services: Auth. the City Manager
to sign the .Amended Agreement extending for one year the
Agreement with All City Management Services, Inc. Approved 4
Appeal Hearing for revocation of Zone Exception Cases #153,
#253, #1009 & Conditional Use Permit #151, f hr 13535 Set hearing
Lakewood Bl. (Appellant Arthur Serrano) 7/22/97 4
Res. #6071, Approving & Adopting the Annual
Appropriations Limit for FY 1997 -98 Adopted 4
Res. #6072, Amending Res. #5904 relating to the payment
of a fee in lieu of certain off street parking in conjunction
with a multi -plex motion picture theater and restaurant in a
parking assessment district & auth. Krikorian Premiere
Theatres, Inc., to perform certain street improvements Adopted 5
PAGE 1 OF 3
COUNCIL MINUTES, JUNE 24, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Proposed Housing Rehabilitation Incentives for use in the Approved
Neighborhood Preservation Area as amended 6
Jeff Helsley, Assist. General Manager of the Water
Replenishment District, presented a rebate check to the City 6
Agreement selecting and reserving Home Partnership Prog.
Funds for the Old - Timers Housing Development Corp. Continued 6
Award Contract for purchase & installation of bus benches
and trash receptacles: To Seating Component Mfg. for the
purchase & installation of new bus benches & trash receptacles
& for the removal of the existing bus benches and shelters Approved 7
Res. #6069, Amending & Restating the City's Deferred
Compensation Plan in the form of Fundselect in cooperation
with Great Western Bank Deferred Compensation Plan & Trust Adopted 7
Res. #6070, Approving the Residential Waste Indemnification
Agreement for Puente Hills Landfill Adopted 7
Downtown Pride Initiative: Adopt Phase I of the program for
swiftly improving the appearance of the central downtown
business district Approved 8
Mayor Lawrence requested Public Works look at Downey Av.
for other possibilities, such as diagonal parking & use of two
of the lanes to help widen sidewalks & slow traffic 8
Cn. Riley mentioned request by resident Ms. Van Der Linden
for signal devices to assist the blind at the intersection of
Florence Av. & Paramount Bl. 8
Cn. Riley requested an update on Imperial Hwy. & mentioned
new Post Office on Imperial Hwy. is near completion 8
Cn. Riley requested confirmation of plans for a Police sub-
station at the Community /Sr. Center at Apollo Park 8
Cn. McCaughan re progress of Community /Sr. Center & Gym 9
PAGE 2OF3
COUNCIL MINUTES, JUNE 24, 1997
TABLE OF MINUTE ACTIONS (CONTINUED)
SUBJECT ACTION PAGE NO.
Cn. McCaughan requested a status report on the alley
projects in Dist. 3 in the area of Seventh St. 9
Cn. McCaughan requested status of side -road maintenance 9
Cn. McCaughan expressed appreciation to the Police Dept.
for their efforts in alleviating situation involving W. Downey
Little League 9
Cn. McCarthy mentioned unsightly landscaping along the
I -105 Freeway & requested staff contact Caltrans 9
Mr. Caton thanked Mayor or Lawrence for her year as Mayor 9
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Meeting adjourned to 7:00 p.m., June 25, 1997, for the
Mayoral Transition Ceremony 9
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PAGE 3 OF 3
MINUTES OF THE CITY COUNCIL
OF THE CITY OF DOWNEY
JUNE 24, 1997
The City Council of the City of Downey held a regular meeting at 7:35 p. m., June 24, 1997, in
the Council Chamber of the Downey City Hall, Mayor Joyce L. Lawrence presiding.
PRESENT: Council Members:
Joyce L. Lawrence Mayor __
Barbara J. Riley Mayor ProTem
Gary P. McCaughan, M.D.
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Robert S. Brazelton
Keith McCarthy
ALSO PRESENT: Gerald M. Caton, City Manager
Tim McOsker, City Attorney
Judith McDonnell, City Clerk - Treasurer
Lee Powell, Assistant City Manager
Greg Caldwell, Police Chief
Ron Irwin, Fire Chief
James Jarrett, Director of Community Services
Art Rangel, Director of Economic & Community Development
Lowell Williams, Director of Finance
Bob Brace, City Engineer
Vicki Jenkins, City Librarian
Ron Yoshiki, Asst. Director of Community Dev. /City Planner
June Yotsuya, Assistant to the City Manager
Shirley Conte, Executive Secretary
PRESENTATIONS
Mayor Lawrence presented a Proclamation of Achievement to G. Ryan Davis, Boy Scout
Troop 406, in recognition of his achievement in earning the honor of Eagle Scout.
HEARINGS
Mayor Lawrence opened the public hearing on PROPOSED CITY OF DOWNEY
BUDGET FOR 1997 -98 FISCAL YEAR.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member Mc h n seconded by Council Member Riley, nd so ordered to receive and file.
Caug a , seco y Co be ey
Mr. Caton advised the budget is a little over $69,000,000, which is 2% down from last year
due to the completion of certain capital improvement projects. The budget is balanced and includes
proposed salary increases. He mentioned the economy is improving and sales tax is increasing and
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noted 40 full time positions have been eliminated since 1990, nineteen of which came from the Public
Works Department, who he commended for doing a wonderful job during this transition. Twelve
positions have been added to the Police Department since 1990, as the priority continues to be public
safety. Funds have been allocated for needed public improvements such as parks projects and new
• carpeting for the Library. Mr. Caton suggested looking at priorities after the State has announced its
budget and the City knows how much will be received. He suggested one area of priority was salaries
for part -time employees, particularly in the swim center.
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Mayor Lawrence mentioned she had requested additional Library materials be incorporated
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into the budget and would defer this until the City knows what funds will be received from the State.
n received regarding There was no correspondence ece ved eg g this matter.
There being no one present to speak regarding the Proposed Budget for the 1997 -98 Fiscal
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Year, it was moved b y Council Member McCarthy, seconded by Council Member Riley, and so
ordered to close the hearing.
RESOLUTION NO. 6067
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ADOPTING THE FISCAL YEAR 1997 -98 BUDGET WITH IMPLEMENTING
DOCUMENTS
The Resolution was read by title only. It was moved by Council Member Riley, seconded by
Council Member McCarthy, and unanimously carried to waive further reading and adopt.
Mayor Lawrence opened the public hearing on CITY FEE RESOLUTION.
Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council
Member McCarthy, seconded by Mayor Lawrence, and so ordered to receive and file.
Mr. Powell explained this Resolution lists all the fees the City charges for various services,
with the exception of building permit fees and water bill rates. Due to changes in State Law, the City
reviews this resolution on an annual basis. The Resolution covers 341 fees, of which 212 are
unchanged, 116 are increased, 13 have been addled, and 25 have been deleted. He reviewed the reason
for increases in certain fees along with the addition deletion of others. The City does not anticipate
any substantial new revenue from increases in fees and the addition of new fees.
Council Member McCarthy inquired as to how Downey's fees relate to those of surrounding
cities and was advised comparisons have shown Downey is usually in the medium of those cities. He
noted lower rates have been given to City residents and also to non - profit organizations using City
facilities. At his request, Mr. Powell commented on the proposed $500 fee for appeals of police
permit revocations, which would help defray the cost for hiring a hearing officer, providing a facility
for the hearing, and staff time related to the revocation. Council Member McCarthy noted the fee for
removal of illegal signs on Page 13 is $15 and encouraged that this be increased to $25. He also asked
about the tree planting fee on Page 16.
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Council Member McCaughan mentioned fees charged to the School District and suggested
discussing this in the future.
Mayor Lawrence noted the proposed charge of $1.00 for the City Charter, emphasizing the
new volume has been published in- house.
Mr. McOsker noted the fees are required by law to be at or below the cost for providing the
goods and services. If Council entertains the amendment to the illegal right -of -way sign posting from
$15 to $25, it would be appropriate to asked the Chief of Police whether the $25 would be at or below
the reasonable cost of providing the service.
Chief Caldwell stated Code Enforcement staff' would provide this service and the $25 fee
would be at or below the cost.
There was no correspondence received regarding this matter.
There being no one to speak regarding the City Fee Resolution, it was moved by Council
Member McCaughan, seconded by Council Member Brazelton, and so ordered to close the hearing.
RESOLUTION NO. 6068
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
ESTABLISHING A UNIFORM SCHEDULE OF FEES
The Resolution was read by title only. It was moved by Council Member Riley, seconded by
Council Member McCaughan, and unanimously carried to waive further reading and adopt
amending the illegal right -of -way sign posting charge from $15 to $25.
CONSENT CALENDAR - ITEMS FOR REMOVAL:
Agenda Item VI - - AMENDING THE GREAT WESTERN DEFERRED
COMPENSATION PLAN, was removed at the request of Council Member Brazelton.
Agenda Item VI - - RESOLUTION APPROVING RESIDENTIAL WASTE
INDEMNIFICATION AGREEMENT FOR PUENTE HILLS LANDFILL, was removed at the
request of Council Member McCarthy.
CONSENT CALENDAR
It was moved by Council Member McCarthy, seconded by Council Member Brazelton, and
unanimously carried to waive further reading of the Resolutions and approve the remainder of
the Consent Calendar as recommended:
COUNCIL MINUTES: ADJOURNED REGULAR MEETING, JUNE 5, 1997; AND
ADJOURNED AND REGULAR MEETINGS, JUNE 10, 1997: Approve:
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CASH CONTRACT NO. S.S. 478 - TRAFFIC SIGNAL MODIFICATIONS
(ACCOUNT NO. 26-16478): Declare the proposal of A.G.E. General Construction, Inc., the
apparent low bidder, to be non - responsive and reject the bid; and award a unit price Contract,
totaling $136,947, to the second lowest bidder, C.T. & F., Inc.: Approve.
WARRANTS ISSUED: NO. 132971 - 133405, $1,140,625.72: Approve.
EXTENSION OF CONSULTANT AGREEMENT WITH E. DEL SMITH AND
COMPANY, INC.: Authorize the City Manager to enter into an agreement with E. Del Smith
and Company, Inc., to provide continued consultant services through June 30, 1998: Approve.
AGREEMENT FOR CROSSING GUARD SERVICES: Authorize the City Manager to
sign the Amended Agreement extending for one (1) year the City's Crossing Guard Agreement
with All City Management Services, Inc.: Approve.
SET APPEAL HEARING FOR REVOCATION OF ZONE EXCEPTION CASES #153,
#258, #1009 AND CONDITIONAL USE PERMIT #151 LOCATED AT 13535
LAKEWOOD BOULEVARD, DOWNEY (APPELLANT: ARTHUR SERRANO et al)
for 7:30 p.m., July 22, 1997, in the Council Chamber of Downey City Hall: Approve.
RESOLUTION NO. 6071 (ADOPT)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
APPROVING AND ADOPTING THE ANNUAL APPROPRIATIONS LIMIT
FOR FISCAL YEAR 1997 -98
ORDINANCES: None
RESOLUTIONS
RESOLUTION NO. 6072
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING RESOLUTION 5904 RELATING TO THE PAYMENT OF A FEE
IN LIEU OF CERTAIN OFF - STREET PARKING IN CONJUNCTION WITH
A MULTI -PLEX MOTION PICTURE THEATER AND RESTAURANT IN A
PARKING ASSESSMENT DISTRICT AND AUTHORIZING KRIKORIAN
PREMIERE THEATRES, INC., TO PERFORM CERTAIN STREET
IMPROVEMENTS
Mr. Rangel advised the Council approved plans and specifications in October of 1996 for the
theater block streetscape. At the February 1997 Council Meeting, the Council authorized negotiations
with the parking structure contractor, SMI, and Krikorian Theatres, Inc. to make these improvements.
there was a subsequent change order for the parking structure contractor to make the improvements.
The City has been negotiating with Mr. Krikorian since that time to see if he could do the same on the
northern portion of the block. This is due to logistics involved in getting the City's contractor in there
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while Mr. Krikorian's work is still underway. The theater should be finished in a few weeks and Mr.
Krikorian has agreed to do the improvements in the streetscape not to exceed the remaining budget
amount of $185,000. He noted a provision in the Disposition and Development Agreement for Mr.
Krikorian to pay $4,000 a month for 120 months for parking in lieu of the parking he is not providing.
Staff is proposing that Mr. Krikorian do the improvements, thereby saving the City the money
otherwise spent for the streetscape, and in return the City would credit him for the amount of money
expended for street improvements. The approved budgeted amount for the entire theater block was
$271, 000; $86,000 was spent to complete the southern portion and $185,000 remains. He mentioned
the City Attorney's office has developed an agreement.
The Resolution was read by title only. It was moved by Council Member Brazelton, seconded
by Council Member McCaughan, and unanimously carried to waive further reading and adopt.
ADMINISTRATIVE REPORTS
PROPOSED HOUSING REHABILITATION INCENTIVES FOR USE IN THE
NEIGHBORHOOD PRESERVATION AREAS
Mr. Rangel explained the housing improvement component of the neighborhood preservation
plan centers on using Community Development Block Grant (CDBG) and HOME Funds. The
existing housing programs can be modified to offer additional incentives to encourage maximum
participation by residents of selected preservation areas. These funds would be available to qualifying
low and moderate income residents in the selected areas. He noted there is a p aY back provision,
should home improvements not be completed as agreed, and he described the rebates that would be
available to eligible participants under this program. There would be no impact to the General Fund as
CDBG and HOME funds would be used; the 1997 -98 budget contains $450,000 for City housing
rehabilitation programs.
Council Member McCarthy asked how this program deals with renters who wish to improve
their rental property as opposed to individual property owners and how the program would be
advertised. He was informed that approval from the actual property owner is required and a
marketing program is being put together with the coordination of the Neighborhood Preservation
Coordinator to notify owners. Materials will also be available at neighborhood meetings. Code
Enforcement will conduct free inspections of each property in the selected areas and will mail reports
of their findings to each property owner, at which time materials for these programs will be included.
It was noted that materials could also be sent to the current resident of the property.
Council Member Brazelton inquired if the program was exclusively for property owners in the
selected neighborhood preservation areas and was advised the program is offered citywide. It is
proposed to offer additional incentives in the selected areas.
Mr. Caton suggested the recommendation be changed from being available exclusively to
qualified property owners within the Neighborhood Preservation Areas to giving priority to property
owners in these areas. Mr. Velasco suggested making the current program available citywide and
implementing additional incentives in the selected areas.
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Council Member Brazelton referred to the $450,000 mentioned in the report and was advised
this was the entire amount budgeted. Priority would be given to projects undertaken in the selected
areas.
Council Member McCarthy suggested that the progress of this program be reviewed six or
eight months down the road to see the impact on funds and consider opening it up.
Council Member McCaughan stressed the importance of designating certain areas the City
feels it can apply 1 its resources to have the greatest impact. The selected areas should have priority as
the intent is to establish different areas every two or three years where the same effect of the resources
available that g
ear would go to those areas.
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Mayor Lawrence suggested dividing the funds in half and if either half is exhausted it can then
be brought back to Council for adjustment.
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Council Member McCaughan asked for assurance, where properties are being used for
business, such as rentals, thereby generating income, and the owner is not taking care of the property,
that these funds are not used.
It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and
unanimously carried to approve the proposal amending it to provide that 50% of the $450,000 be
devoted exclusively for the neighborhood preservation areas with the idea that this can be
brought back to Council for amendment at a later date.
ORAL COMMUNICATIONS
Jeff Helsley, Assistant General Manager of the Water Replenishment District, presented a
rebate check to Mayor Lawrence in the amount of $56,412.15. He noted the West Basin Municipal
Water District of Southern California overcharged for water in the Fiscal Year 1995 -96 and issued a
rebate to the Water Replenishment District, who is passing it on to the cities involved.
ADMINISTRATIVE REPORTS (CONT.)
AGREEMENT SELECTING AND RESERVING HOME PARTNERSHIP PROGRAM
FUNDS FOR THE OLD - TIMERS HOUSING DEVELOPMENT CORPORATION
Mr. Caton requested this item be removed and brought back in two weeks.
AWARD CONTRACT FOR PURCHASE AND INSTALLATION OF BUS BENCHES
AND TRASH RECEPTACLES
Mr. Brace discussed staff's recommendation of awarding a contract for the purchase and
installation of new bus benches and trash receptacles and removal of the existing bus benches and
shelters. He noted bids are based on a unit price. He also mentioned 70 benches were removed as a
result of notices from the City and one additional notice will be sent prior to removal of the remaining
benches.
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It was moved by Council Member Brazelton, seconded by Council Member McCaughan, and
unanimously carried to award a purchase order contract to Seating Component Manufacturing
for the purchase and installation of new bus benches and trash receptacles and for the removal
of the existing bus benches and shelters.
OTHER BUSINESS - Consent Calendar - Items removed by Council Approval
RESOLUTION NO. 6069
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY
AMENDING AND RESTATING THE CITY'S DEFERRED COMPENSATION
PLAN IN THE FORM OF FUNDSELECT IN COOPERATION WITH GREAT
WESTERN BANK DEFERRED COMPENSATION PLAN AND TRUST
Council Member Brazelton requested assurance that tax counsel has reviewed this to insure
security of the tax benefits. Mr. Williams explained that this resolution is the same as the ICMA
(Independent Cities Managment Association) resolution, amending the ICMA deferred compensation
plan, which was approved by the Council several months ago. It brings the City into compliance with
the Federal Law that came about after the Orange County situation. This eliminates the City from
taking the deferred compensation funds. He explained the changes in Federal Law and noted that
Great Western requested these changes be included in the resolution.
Mr. McOsker advised that Mr. Ed Fox of his firm, a tax attorney for 40 years, reviewed the
ICMA trust instrument and was very satisfied with the document.
The Resolution was read by title only. It was moved by Council Member Brazelton, seconded
by Council Member McCaughan, and unanimously carried to waive further reading and adopt.
RESOLUTION NO. 6070
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY .__
APPROVING THE RESIDENTIAL WASTE INDEMNIFICATION
AGREEMENT FOR PUENTE HILLS LANDFILL
The Resolution was read by title only. It was moved by Council Member McCarthy, seconded
by Council Member Brazelton, and unanimously carried to waive further reading and adopt.
Prior to the vote, Council Member McCarthy inquired as to who backs up the indemnification
and how it applies to residents, property owners and businesses as opposed to the City.
Mr. McOsker advised the indemnification is from the Sanitation Districts to each of the cities
providing a waste stream to the Puente Hills landfill. During further discussion, he explained the
City's franchise with Calsan has excellent indemnification language where Calsan indemnifies the City
for this type of liability regardless of where the trash ends up. The agreement with Puente Hills landfill
comes at no cost to the City. What the City is doing is agreeing to participate in reasonable
educational activities to make sure Downey is responsible for its waste stream.
Council Minutes 6/24/97 -7-
OTHER BUSINESS - Council Members
DOWNTOWN PRIDE INITIATIVE
Mayor Lawrence requested that the Council entertain the Downtown Pride Initiative program
to improve the appearance of the downtown business district in preparation of the additional shoppers
and diners expected in the next month or so after the opening of the new theater. The area suggested
is Downey Avenue from La Villa Street to the railroad tracks and Firestone Boulevard from Myrtle
Street to Dolan Avenue. This will spruce up this area and generate more interest for permanent
enhancements in the downtown area. Mayor Lawrence narrated slides showing the present downtown
area and examples of improvements done in other cities. She also mentioned the financial impact of
$25,000 for the initial p� cleaning spruce u which includes steam cleanin the sidewalks, banners, street furniture
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repainting, landscaping replacement, and maintenance and thereafter will cost around $9,000 per year.
It was moved by Mayor Lawrence, seconded by Council Member McCarthy and unanimously
carried to "adopt Phase I of a "Downtown Pride Initiative" program for swiftly improving the
appearance of the central downtown business district, specifically (1) Downey Avenue from La Villa
Street to the railroad tracks; and (2) Firestone Boulevard from Myrtle Street to Dolan Avenue; and for
the added purpose of generating interest and enthusiasm for future, more permanent enhancements.
The Fiscal Year 1997 -98 Budget would need to be amended to include initial costs.
Council Member McCarthy inquired as to how this fits into the recently approved budget and
was advised by Mr. Caton that costs could possibly come out of the $4,000 per month fee that was
budgeted for parking from Mr. Krikorian, since he will now complete the streetscape in lieu of paying
this fee.
Mayor Lawrence requested that the Public Works Department, through the City Manager,
look at Downey Avenue for other possibilities, such as diagonal parking and the use of two
lanes to help widen sidewalks and slow down traffic, on how to make it more pedestrian
friendly. She also requested a map of Downey Avenue showing property lines of the businesses and
where the public right -of -way is.
Council Member Riley mentioned the request by Downey resident, Ms. Van Der Linden,
for signal devices to assist the blind at the intersection of Florence Avenue and Paramount
Boulevard. She mentioned she had been advised these devices were quite noisy and staff advised the
sound emitted is a chirp, and a beep, is pretty loud and most agencies do not accept them for a
residential area. Council Member Riley would like to hear the sounds they make. Mr. Brace advised
there are concerns with these installations and a report is being put together for the Council.
Council Member Riley mentioned the new Post Office on Imperial Highway is getting closer to
completion and she requested an update on the status of Imperial Highway.
Council Member Riley requested confirmation of plans for a Police sub - station at the
Community /Senior Center at Apollo Park and was advised there would definitely be a sub - station
at this location. She requested more information on this subject.
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Council Member McCaughan mentioned he has been monitoring the progress of the
Community /Senior Center and Gymnasium project at Apollo Park and felt this will be a
wonderful return to the community.
Council Member McCaughan asked for a status report on the alley projects in District 3 in
the area of Seventh Street and whether these projects will commence again in the future.
Council Member McCaughan asked about the status of side - road maintenance and noted
some areas on major streets are still unpaved.
Council Member McCaughan expressed his appreciation to the Police Department for their
efforts in alleviating a delicate situation involving the West Downey Little League.
Council Member McCarthy mentioned unsightly landscaping along the I -105 Freeway and
requested that staff contact Caltrans or the agency responsible. Mr. Caton advised staff would check
on this.
OTHER BUSINESS - Stag Members
Mr. Caton thanked Mayor Lawrence for her year as Mayor, noting much has been
accomplished during her leadership.
ADJOURNMENT: 9:40 p.m.
The Council was adjourned to 7:00 p.m., June 25, 1997, in the Council Chamber of Downey
City Hall, for the Mayoral Transition Ceremony.
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Judith E. McDonnell, City Clerk Joyce L. Lawrence, Mayor
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