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HomeMy WebLinkAboutMinutes-02-23-88-Regular MeetingMINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 23, 1988 TABLE OF MINUTE ACTIONS SUBJECT ACTION PAGE NO. Certificate of Appointment to Richard Jennings- L.A. County -Downey Regional Public Rec. Area Auth. 1 Presentation by Caltrans re I-5 Freeway Sound Walls & Widening E/of 605 Freeway Con't 1 Res. #4949, Denying Permit to AM/PM Taxi to Conduct Tax in Downey Adopted 3 Mtg. recessed at 9:35 p.m. & reconvened at 9:44 p.m. 3 Ord. #865, Merger of Continental Cablevision w/American Cablesystems Adopted 4 Code Amendment re Motel Standards Con't to 3/8 5 John'Drayer re Council salaries, legal fees f/Council, & Appeal, Z.V. #550 5 Charles Horner re block wall fence at 13331 Lakewood Bl., which fell during earthquake 5 Mr. Spellman re replacement of blk wall fence at 13331 Lakewood Bl. 5 Cliff Maldonado re notification of renters who live within 500' of business requiring Public Hrg. 5 John Gonzalez re work done on his home & wife must be present f/City inspections 5 Norman Horney re Century Freeway & list of items needing attention, such as safety & dust control 5 Fernando Wang re Code Amendments relating to motel standards & recommended 40,000 sq. ft. min. 5 Removal of Items from Consent Calendar 5 Minutes: Adj. Reg. Mtg., 2/9/88; & Reg. Mtg., 2/9/88 Approved 5 CC #558, Glass Safety Film f/City Hall, Library, & Police Dept.: Award contract Approved 5 General Warrants #37728-37938; & 37949-38087, $1,564,958.19 Approved 5 Code Amendment re Design Review Board Sets Hrg. 3/22 5 Underground Utility Dist. #13, Alley E/o Downey Av.:Time ext. on formation of District Approved 5 Authorization f/Mayor to sign ltr in opposition to proposed SB 1741 as written re Vicious Dog Legis. Approved 5 Res. #4978, Requesting State Legislature to Amend AB 2443-Energy Lifeline Act Adopted 6 Staff Rpt - Pro -Active Sign Code Enforcement 3/8 Agenda 6 Mtg. recessed at 10:13 p.m. & reconvened at 10:16 p.m. 6 Page 1 of 2 COUNCIL MINUTES, FEBRUARY 23, 1988 TABLE OF MINUTE ACTIONS (Continued) SUBJECT ACTION CC #S.S. 386, Lakewood B1.-Median Landscaping: Rpt on project & funding alternatives 3/8 Agenda Questionnaire - Street Sweeping Purposes Approved City/Commission Loan Agreements f/Newly Approved Redevelopment Areas Approved Dart Dollars Program: Authorization for implementation of program Approved Appeal, Z.V. #550 f/13101-13 Lakewood Bl. (Appl.: Cloverleaf Group) Sets Hrg. 3/22 Mtg. Adj. in Memory of Mr. Paul Lambros; To:4:00 p.m., March 7, 1988 PAGE NO. 6 6 7 7 -- 7 7 Page 2 of 2 MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 23, 1988 The City Council of the City of Downey held a regular meeting at 7:41 p.m., February 23, 1988, in the Council Chamber of the Downey City Hall, Mayor Diane P. Boggs presiding. PRESENT: Council Members: Diane P. Boggs Mayor Robert G. Cormack Mayor Pro Tem Randall R. Barb Roy L. Paul James S. Santangelo ALSO PRESENT: Don Davis, City Manager Peter Thorson,City Attorney Jenny Young, City Clerk -Treasurer James R. Cutts, Director of Community Development Ronald Irwin, Fire Chief James R. Jarrett, Director of Community Services Lee Powell, Director of Administrative Services William A. Ralph, Director of Public Works Pete Stone, Police Chief Gail Fitz -Gerald, I. D. Technician Jim Kuhl, Administrative Assistant Richard Redmayne, City Engineer Ronald Yoshiki, City Planner Scot Yotsuya, Assistant to the City Manager Joyce Baker, Executive Secretary PRESENTATIONS Mayor Boggs presented a Certificate of Appointment to Mr. Richard Jennings to the Los Angeles County -Downey Regional Public Recreation Area Authority (Golf Course Authority). Council Member Paul acknowledged Mr. Jennings as his appointee from District 2, and also a former Mayor and Council Member of the City. Mr. Hubert Himes, Sr. Engineer -Office Manager, Caltrans, was scheduled to give a Presentation regarding I-5 Freeway Sound Walls and Widening East of the 605 Freeway. Council Member Barb inquired of Public Works Director Ralph if notifications were sent to the property owner groups that have been involved in the sound wall issue. Mr. Ralph replied in the negative. Hearing no objections, this presentation was continued. Mayor Boggs apologized to Mr. Himes for this inconvenience. HEARINGS Mayor Boggs OPENED THE PUBLIC HEARING ON PERMIT TO CONDUCT TAXICAB SERVICE BY AM/PM TAXI, WHICH WAS CONTINUED FROM THE REGULAR CITY COUNCIL MEETING OF FEBRUARY 9, 1988. Police Chief Stone presented the supplemental staff report as set forth in Agenda Memo dated February 23, 1988, entitled "Hearing: AM/PM Taxi - Supplemental Information". Chien Stone recoamiended that AM/PM Taxi Service's permit application be denied due to concern regarding their irresponsiblity in conducting their business, and the fact that Downey does not need another cab company. City Clerk Young referenced a letter from the City of Commerce which had also been included at the January 26, 1988 meeting. Mrs. Young said the letter from the City of Commerce indicated they had no complaints against AM/PM Taxi. City Clerk Young also referenced a document that had been distributed to Council from the law Offices of Kirby & Kirby which was against approval of the application. Mayor Boggs referenced two letters of correspondence for the record she received from Alfred F. Vegas and Allen D. Wininstorfer in favor of the application. Council Minutes 2/23/88 -1- Ste') O Mayor Boggs asked the applicant to come forward and present any further testimony, advising that this is not a new hearing, but a continuation of the hearing of February 9, 1988. Mr. Steve Neimand, attorney for AM/PM Taxi, 16133 Ventura Blvd., Suite 700, Encino, explained driver qualifications, stating a driver applying for a job must bring a recent DMV printout and, if the DMV printout is okay, the applicant is sent to the City where they will be driving and must apply to that Police Department for a permit; stated a current DMV printout is required every ninety days; discussed that it is common practice for taxicab companies to work on a lease basis; mentioned that company dispatches, supervises, and disciplines drivers; said company has insurance and provides insurance for the vehicles and the drivers, and the company is liable for any injuries or damages pertaining to the vehicles and the drivers; thought his client may have misunderstood the Chief of Police in operating taxis in the City without a permit; discussed the need for another cab company in the City; mentioned that AM/PM Taxi was licensed last week by the City of Norwalk; and stated they also have a shuttle bus service in Downey that has been operating for approximately one month. Mr. Neimand submitted to the City Clerk several signed informal petitions containing approximately seventy signatures in favor of AM/PM Taxi operating in the City. Mayor Boggs requested those in the audience who wished to speak for or against this application. OPPONENTS: Mr. Duke Perrin, President, Day and Night Cab Company, 13124 Lakewood Blvd., commented that most insurance companies have DMV printout machines in their offices; no knowledge of Yellow Cab ever having a license in the City; said he contacted the City of Montebello and there is no application filed for AM/PM Taxi; said he contacted the City of Pico Rivera and they have an application for AM/PM Taxi, but has not been approved; discussed informal petitions that AM/PM Taxi turned in at the meeting last meeting, which was obtained from the Senior Citizen's Center; checked on many of the people who signed the petition and found many of them did not know what they were signing; mentioned AM/PM Taxi has been denied permits in the Cities of Huntington Park and South Gate. Mr. Perrin submitted to Council a copy of the Yellow Pages and said if you look under taxicab, you will see Yellow Cab of Downey and his telephone number, but if you call information and ask for Yellow Cab of Downey, you will get AM/PM Taxi. Mr. Joseph Di Loreto, 9266 Otto St., said he believes in competition and free enterprise, but questioned if AM/PM Taxi is needed in the City. Mr. Larry Slago, President, Yellow Cab of Northern Orange County, 1619 E. Lincoln, Anaheim, discussed low volume of calls received and the need for only one cab company in the City. Mr. Steve Kirby, attorney, 1060 Aviation Blvd., Hermosa Beach, discussed on several occasions where AM/PM Taxi took over other cabs territories and used their names; submitted to Council copies of Request to Discontinue Orders issued by two judges against AM/PM Taxi; that Passenger Stage Corporation authority was received from the Public Utilities Commission and entitles AM/PM Taxi to operate the shuttle vans on a charter basis in the City; discussed Preliminary Injunction (submitted to City Clerk for Council) issued against Passenger Stage Corporation which is the same management the management of AM/PM Taxi competes by term people and mimicking their operation PROPONENTS: as the applicant AM/PM Taxi; and said coming into area operataa in by long- s and taking their business. Mr. John Vallone, President, AM/PM Taxi, 1520 Court St., Los Angeles, said he recently turned down a Day and Night Cab Company employee because of his DMV printout record; and discussed they have grown from three taxicabs in 1986 to over forty taxicabs today so they must be doing something right. Mr. John Gonzalez, 12350 Orizaba Ave., feels the more competitive the taxicab business is in Downey, the better the service for the citizens. Council Minutes 2/23/88 -2- �)4-to Mr. David Williams, 6002 Arburtis, Huntington Park, said the issue is not whether one company services Downey, but whether the people have a choice of which company they want to take; and several cab companies service Downey everyday. He handed the City Clerk more informal petitions in favor of AM/PM Taxi. Mr. Williams said if you look in the Yellow Page section of any phone book you will see only one advertisement for a cab company, and that says "AM/PM Yellow Cab". He further related Day and Night Cab Company is listed in the phone book under the black pages and people use the Yellow Pages to find a cab company. Mayor Boggs called for a rebuttal from the applicant. Mr. Steve Niemand, attorney for AM/PM Taxi, 16133 Ventura Blvd., Encino, referenced Mr. Slago's statements commenting on: litigation regarding Yellow Cab of South Bay saying South Bay Yellow Cab has not had any yellow cabs for eight years; referenced one recently painted vehicle; making a call for service to South Bay Yellow Cab, and a cab was dispatched from Long Beach; cab companies are very competitive and they all have problems; the Preliminary Injunction, indicating that this order had been granted without hearing any testimony, and the Judge advised him this morning that the name Yellow Cab of South Bay or another name similar could not be used; the fact that Day and Night Cab Company lists other names in the phone book; and finally commenting on other litigation regarding the super shuttle. Mr. Kirby claimed their vans looked too much like his gompany's vans even though they are a different color. Mr. Niemand said this was only a temporary restraining order until March 1st, and noted the judge had crossed out the portion where they not operate their vans as they look to much like Mr. Kirby's vans. Mr. Niemand stated the only problems they have had has been civil litigation with Mr. Kirby's clients. He closed by saying that AM/PM Taxi has indicated they will serve the citizens of Downey at a lower rate than they are paying now. It was moved by Council Member Cormack, seconded by Council Member Paul, and unanimously carried that the Public Hearing be closed. RESOLUTION NO. 4949 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY DENYING A PERMIT TO AM/PM TAXI TO CONDUCT TAXI SERVICE WITHIN THE CITY OF DOWNEY The Resolution was read by title only. It was moved by Council Member Santangelo, seconded by Mayor Boggs, and unaninmously carried to waive further reading and to adopt. The meeting recessed at 9:35 p.m. and reconvened at 9:44 p.m. with all Council Members present. Mayor Boggs OPENED THE PUBLIC HEARING ON THE MERGER OF CONTINENTAL CABLEVISION WITH AMERICAN CABLESYSTE14S CORPORATION. City Clerk Young affirmed the Proof of Publication. It was moved by Council Member Santangelo and seconded by Council Member Cormack to receive and file. Hearing no objections, so ordered. Assistant to the City Manager Yotsuya presented the staff report as set forth in Agenda Memo dated February 9, 1988, and (updated) February 23, 1988, entitled "An Ordinance of the City Council of the City of uuwney Granting Consent to the Merger of Continental Cablevision, Inc., with American Cablesystems Corporation, Parent of the Cable Television Franchisee, American Cablesystems of California, Inc. It is staff's recommendation that the Ordinance granting consent to the merger be adopted and authorization granted the Mayor to sign a letter acknowledging that the City Council will not find the Franchisee in breach by virtue of the merger closing prior to the effective date of the Ordinance. City Clerk Young stated there were no written protests or objections filed. Mayor Boggs called for those in the audience who wished to speak in favor of the merger. There were none. Mayor Boggs called for those in the audience who wished to speak in opposition to the merger. Council Minutes 2/23/88 -3- Mr. John Gonzalez, 12350 Orizaba Ave., complained he is paying American Cablesystems for television stations he is not receiving. It was moved by Council Member Santangelo, seconded by Council Member Paul, and unanimously carried that the Public Hearing be closed. ORDINANCE NO. 865 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY GRANTING CONSENT TO THE MERGER OF CONTINENTAL CABLEVISION, INC. WITH AMERICAN CABLESYSTEMS CORPORATION, PARENT OF THE CABLE TELEVISION FRANCHISEE, AMERICAN CABLESYSTEMS OF CALIFORNIA, INC. It was moved by Council Member Santangelo, seconded by Council Member Paul, _ and unanimously carried to waive further reading and to adopt the Ordinance and authorize the Mayor to sign a letter acknowledging that the City Council will not find the Franchisee in breach by virtue of the merger closing prior to the effective date of the Ordinance. Mayor Boggs OPENED THE PUBLIC HEARING ON PROPOSED AMENDMENT TO DOWNEY MUNICIPAL CODE DESIGNED TO REGULATE DEVELOPMENT STANDARDS FOR MOTELS. City Clerk Young affirmed the Proof of Publication and stated there were no written protests or objections filed. Council Member Santangelo advised he has previously abstained from voting on the issue of motels in the community as several months ago he owned some property that might have been able to be converted to motel use. Council Member Santangelo said that property has sold and asked the City Attorney if he could participate in motel issues now. City Attorney Thorson advised Council Member Santangelo in lieu of this new information he could vote on the issue. Community Development Director Cutts presented the staff report as set forth in Agenda Memo dated February 23, 1988, entitled "Review of Planning Commission Resolution No. 1087, Recommending To The City Council That They Consider Adopting An Ordinance Designed To Regulate Development Standards For Motels". It is staff's recommendation that the Ordinance to regulate motel developments in Downey be introduced at tonight's meeting. Mr. Cutts said the Ordinance had been amended on page 3, Section (1) Security, second sentence, to read "On -site security shall be encouraged by the development of an interior court yard area, with a minimum width of twenty-five feet (25'), where applicable. He added that the motel moratorium will expire May 10, 1988. Mayor Boggs called for those in the audience who wished to speak in favor of the proposed amendment. Mr. Fernando Wang, 9565 E. Firestone Blvd., stated Downey proposed motel Ordinance was the most comprehensive one as compared to others in Los Angeles County; urged minimum lot size be upgraded from 30,000 square feet to 40,000 square feet; and further urged higher minimum standards to include recreational vehicle parking. Mr. Wang submitted to the City Clerk, for Council review, copies of newspaper articles regarding building of hotels in surrounding cities. Mayor Boggs called for those in the audience who wished to speak in opposition to the proposed amendment. Mr. John Gonzalez, 12350 Orizaba Ave., expressed concern that 30,000 square feet is a lot of land to put into a motel. Mr. Lennie Whittington, 8542 Manatee St., said he was not entirely against motel Ordinance, but said that only two motels in Downey meet the requirements, Embassy Suites and the Travel Lodge; further he did not see any provision for the small motels already in the City and upgrading them; and lack of availability of lots the size needed to comply with the Ordinance. It was moved by Council Member Santangelo, seconded by Council Member Cormack, and unanimously carried that the Public Hearing be closed. Council continued this item to March 8, 1988, and requested staff to look at several concerns, some of which were: dimensions on lot depth; an increase Council Minutes 2/23/88 -4- of lot area requirement to 40,000 square feet of land area; parking as it relates to spaces for recreational vehicles; reduction of number of units by increase in size; and the percentage of landscaping required. There being no objections, Mayor Boggs reopened the Public Hearing and continued it to 7:30 p.m., March 8, 1988, in the Council Chamber of the Downey City Hall. ORAL COMMUNICATIONS - Items not on Agenda Mr. John Drayer, 13331 Lakewood Blvd. #A2, re Council salaries, legal fees for Council, and Zone Variance Appeal No. 550 Mr. Charles Horner, 13241 Deming Ave., re block wall fence at 13331 South Lakewood Boulevard that fell during the October, 1987 earthquake. Mr. Spellman, 13251 Deming Ave., regarding replacement of fence at 13331 Lakewood Boulevard. Mr. Cliff Maldonado, 7425 Stewart & Gray Rd., re notification of renters as well as property owners who live within five hundred feet of business requiring a public hearing. Mr. John Gonzalez, 12350 Orizaba Ave., re work done on his home and that his wife must be present for City inspections. Mr. Norman Horney, 9102 Angell St., re Century Freeway and a list of items needing attention, such as safety and dust control. He recommended a citizen committee. Mr. Horney gave the City Clerk his original prepared statement so a copy could be made for the record with the original being returned to him. Mr. Fernando Wang, 9565 E. Firestone Blvd., re Code Amendments relating to motel standards and recommended 40,000 square foot minimum. CONSENT CALENDAR Agenda Items VI-E-3, City/Commission Loan Agreements for Newly Approved Redevelopment Areas, and VI-E-5 Dart Dollars, were removed at the request of Council Member Santangelo. Agenda Item VI-E-6, Setting the Date for Public Hearing for the Appeal on Zone Variance No. 550 for Property Located at 13101-13 Lakewood Boulevard - Recorded Owner, Lakewood and Gardendale, Ltd. - a Variance to Section 9150 of the Downey Municipal Code for Reduction in the Required Parking for a Proposed Retail Convenient Center, was removed at the request of Mr. John Drayer. Minutes: Adjourned Regular Meeting, February 9, 1988; and Regular Meeting, February 9, 1988: Approve. Cash Contract No. 558 - Glass Safety Film : Award contract to Endur-All Glass, Inc. for $24,500 to install safety film to all exterior glass in City Hall, Library, and Police Department; also requesting approval to return Cashier's Checks and Bid Bonds to unsuccessful bidders prior to signing of the contract: Approve. General Warrants #37728 - 37938; & #37949 - 38087, $1,564,958.19: Approve. Code Amendment to Downey Municipal Code - Section 9162 - Design -- Review: Set Public Hearing for March 22, 1988: Approved. Underground Utility District No. 13, Alley East of Downey Avenue - Time Extension: Approve a District extension to December 31, 1988, for the conversion of private properties and March 31, 1988, for the District completion. Letter Opposing SB 1741, as Written re Control of Vicious Dogs: Authorize Mayor to sign letter addressed to State Senator Cecil Green expressing support for legislation concerning vicious dogs, but legislation which would exclude the areas of concern, specifically breed specification: Approve. Council Minutes 2/23/88 -5- 8L-t- o Lt RESOLUTION NO. 4978 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY REQUESTING THAT THE STATE LEGISLATURE AMEND ASSEMBLY BILL 2443 - THE ENERGY LIFELINE ACT It was moved by Council Member Cormack, seconded by Council Member Paul, and carried by the following vote to approve the remainder of the Consent Calendar as recommended: AYES: 5 Council Members: Barb, Cormack, Santangelo, Paul, Boggs ORDINANCES: None (See Hearings) RESOLUTIONS: None (See Consent Calendar) ADMINISTRATIVE REPORTS STAFF REPORT - PRO -ACTIVE SIGN CODE ENFORCEMENT It was moved by Council Member Paul to place this item on the Council Agenda for March 8, 1988. Hearing no objections, so ordered. CASH CONTRACT NO. S.S. 386 - LAKEWOOD BOULEVARD - MEDIAN LANDSCAPING: REPORT ON PROJECT AND FUNDING ALTERNATIVES Public Works Director Ralph presented the staff report as set forth in Agenda Memo dated February 23, 1988, entitled "Cash Contract No. S.S. 386, Lakewood Boulevard - Median Landscaping Report on Project and Funding Alternatives". He suggested consideration be given to another form of financing as it depletes Highway Funds substantially; and related that the City receives about $270,000-$280,000 a year in FAU Funds and approximately $300,000 in Gas Tax that is available for capital improvements. The project at approximately $900,000 takes a majority of the proposed capital money that might be available. Council clarified with Mr. Ralph the color coding on the enclosed map. Mr. Ralph added that the Federal Highway Bill ends in 1991, and the City does not know if there will be any financing under that program after that date and that the Interstate Program also ends in 1991. He further clarified that the City of Bellflower is not likely to share costs as this portion of property is within the boundary of the City of Downey. Council discussion included: $500,000 budgeted for the past three to four years; the possibility of using General Fund monies received from the trade of Prop A Funds to complete the entire area; priorities, keeping in mind street light and sidewalk projects; the cost of maintaining landscape medians; and whether Council should address an assessment district. The meeting recessed at 10:13 p.m. and reconvened at 10:16 p.m. with Council Members Boggs, Cormack, Barb, Paul, and Santangelo present. Mr. Roger Lawrence, 9627 Cheddar St., spoke against the use of Prop A Funds for median landscaping. Council Member Barb clarified for Mr. Lawrence that Prop A Funds were traded to cities with immediate need for General Fund dollars when there was the Possibility of losing Downey's Prop A Funds and that he is suggesting use of these converted General Fund dollars. Hearing no objections, this was continued to the Agenda of the City Council Meeting on March 8, 1988. QUESTIONNAIRE - STREET SWEEPING PURPOSES It was moved by Council Member Santangelo, seconded by Council Member Paul, and unanimously carried to approve the questionnaire as submitted by staff. Council Minutes 2/23/88 -6- ITEMS REMOVED FROM CONSENT CALENDAR (Placed here for continuity of reporting) CITY/COMMISSION LOAN AGREEMENTS FOR NEWLY APPROVED REDEVELOPMENT AREAS - OPERATIVE AGREEMENTS NOS. 12 AND 13 Council Member Santangelo removed this item from the Consent Calendar so he could abstain from voting due to a possible conflict of interest. It was moved by Council Member Barb, seconded by Council Member Paul, and carried 4-0 (Council Member Santangelo abstaining) to approve the agreements. DART DOLLARS: AUTHORIZATION FOR IMPLEMENTATION OF DART DOLLAR PROGRAM Council Member Santangelo questioned how the whole program was doing due to the loss of tonnage over a three-year period. Public Works Director Ralph explained that although tonnage was down, the cost per ton on paper and aluminum was up substantially and thus, the collector, Calsan, is receiving more than ever before. He .also explained they are trying to increase the participation of the community. Council Member Santangelo suggested it might be better to fund this program on a month -to -month basis. Mr. Ralph replied the program is relatively stable now,,but if the situation changes, the program can be stopped. It was moved by Council Member Cormack, seconded by Council Member Barb, and unanimously carried to approve the program. APPEAL, ZONE VARIANCE NO. 550 FOR PROPERTY LOCATED AT 13101-13 LAKEWOOD BOULEVARD - RECORDED OWNER: LAKEWOOD AND GARDENDALE, LTD. - A VARIANCE TO SECTION 9150 OF THE DOWNEY MUNICIPAL CODE FOR REDUCTION IN REQUIRED PARKING FORA PROPOSED CONVENIENT CENTER: SET PUBLIC HEARING FOR MARCH 8, 1988. Mr. John Drayer, 13331 Lakewood Blvd. #A2, asked Council to support Planning Commission decision to deny Zone Variance No. 550. Community Development Director Cutts said the applicant asked that the Public Hearing be changed to March 22, 1988. It was moved by Council Member Santangelo, seconded by Council Member Cormack, and unanimously carried to set the Public Hearing for March 22, 1988. OTHER BUSINESS AND ITEMS FOR FUTURE AGENDAS Staff Members: None Council Members: None ADJOURNMENT: 11:20 p.m. The meeting was adjourned in Memory of Paul Lambros, a member of the Community Access Citizens Advisory Committee; To: 4:00 p.m., March 7, 1988, in the Council Chamber of the Downey City Hall. Jeri Youn 'ty '1 rk-Tre Ter Council Minutes 2/23/88 -7- Diane P. Boggs, Mayor