HomeMy WebLinkAbout1985-07-16; City Council; Minutes- .-r
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Meeting of: CITY COUNCIL (Regular Meeting)
Date of Meeting: July 16, 1985
Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chmbers
CALL To ORDER:
The Meeting was called to order by Mayor Casler at
6:OO p.m.
ROLL CALL was taken by the City Clerk as follows:
Present: Council Members Casler, Lewis, Kulchin,
Chick and Pettine.
Absent : None.
INVOCATION was given by Pastor Jerald Stinson of the
Pilgrim Congregational Church,
PLEDGE OF ALLEGIANCE was led by Mayor Casler.
PRESENTATIONS:
Mayor Casler mqlimented the Members of the Land Use
Element Review Comnittee for their fine example of
public spirit and presented each Member with a
Certificate of Appreciation.
James Gaiser, Chairman of the Land Use Element Review
Codttee, presented A Certificate of Appreciation to Mayor Casler, in recognition of outstanding sewice to the City bg Mike Holzmiller, Land Use Planning Manager,
and Bobbie Haler, Administrative Coordinator,
Mayor Casler presented Vern Farrow a Certificate of Appreciation for his service to the City as a Member
and Chairman of the Planning Connnission.
APPROVAL OF MINUTES: (one mtion)
Minutes of the Regular Meeting held June 18, 1985, were
approved as presented.
Minutes of the Adjourned Meeting held June 20, 1985, were approved as presented.
Minutes of the Regular Meeting held June 25, 1985, were
approved as presented.
Minutes of the Regular Meeting held July 2, 1985, were
approved as presented.
Mayor Casler announced a request to continue Item #22,
the Palomar Airport Joint Powers Agreement.
Council continued Item #22, the Palomar Airport Joint
Pawers Agreement.
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CONSENT CALENDAR:
Mayor Casler stated there had been a rquest to withdraw Item #11 from the Consent Calendar.
Council confirmed the action of the Consent Calendar,
with the exception of Item #11, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
ordinances and resolutions at this meeting.
1, AB #8252 - RATIFICATION OF DElMANDS AGAINST THE
CITY, ""_
I_
Council ratified the payment of demands against the
City in the amount of $1,213,196.52, for the period
June 28 to July 8, 1985; Payroll demands in the amount of $410,456.49 for the period June 17 to
June 30, 1985; and Housinq demands in the amount
Of $74,949.84, for the pe;iod June 28, to July 8, 1985.
2. AB #8242 - ACCEPTANCE OF PUBLIC 1"ENTs OF PUESTA DEL SOL COJWQMINIUMS - MS 504.
Council accepted the improvemnts, authorized the City Clerk to release bonds, and directed the Utilities and Maintenance Departments to mmnce maintaining the public streets associated with this subdivision.
3. AB #8243 - ACCEPTANCE OF PUBLIC IMP- OF
OCEAN PINE CONDOS - CT 83-26. ~.
Council accepted the improvements, authorized the City Clerk to release bonds, and directed the Utilities and Maintenance Departments to mmnce maintaining the public streets associated with this subdivision.
4. AB #8244 - ACCEPTANCE OF A POrrrIoN OF TAMARAQK
AVENUE.
Council adopted RESOLUTION NO. 8105, accepting a
grant deed conveying an easmnt for public street purposes for a portion of Tamarack Avenue.
5. AB #6790 - Supplement #5 - FINAL MAP - CARLSBAD TRACT 81-13 - SCm.
Council approved the final map of Carlsbad Tract 81 13, PUD-25,
6. AB #7469 - Supplement #2 - FINAL MAP FOR cARTs&AD
TRACT 83-13 - FLOWER FIELDS, ~~- -
Council approved the final map of Carlsbad Tract 83-1 3.
7. AB #8245 - ACCEPTANCE OF EAS- FOR DRAINAGE FACILITIES - CT 82-21.
Council adopted RESOLUTION NO. 8106, accepting a grant deed conveying an easement for drainage facilities.
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CONSENT CALENDAR: (continued)
8. AB #8246 - Sm OF BRIEFING TIME CIAIIY WITH
CARLSBAD POLICE OFFICERS ASSOCIATION.
~~
Council adopted RESOIXPTION NO, 8107, adopting a
compensation agreement between representatives of management and the Carlsbad Police Officers Association.
9. AB #8247 - LEGISLATION - SB 300. I Council directed staff to send a letter to the appropriate legislators in support of SB 300,
10. AB #8248 - ESTABLISHING STANDARDS FOR REVIEWING
INSURANCE AND SURETY COMPANIES.
10. AB #8248 - ESTABLISHING STANDARDS FOR REVIEWING
INSURANCE AND SURETY COMPANIES.
Council adopted RESOUPTION NO, 8108, establishing
standards for reviewing insurance and surety
corrp?anies ,
11. This item was withdrawn from the consent calendar.
12. AB #a250 - ACCEPTANCE OF A PO~ION OF FOFEST
AVENUE ATW WILSON STREET,
Council adopted RESOLUTION NO, 8111, accepting a grant deed mnveying an easement for street
purposes.
13. AB #8251 - DEDICATION OF EASEMEwrs TO SAM DIEGO
GAS AND ELECTRIC COMPANY.
Council adopted RESOLUTION No. 8112, dedicating easements for electric and gas service at the Carlsbad Safety and Service Center.
14. AB #8254 - FINAL MAP FOR CAT3LSBA.D TRacT 84-4 - LA
COSTA RIVIERA,
Council approved the final map of Carlsbad Tract 84-4
15. AB #8119 - AWARD OF CONTRACT FOR CAlUSBAD SAF'ETY ANI)
SERVICE CENTER BID PACKAGE #4, SECTION 3006-4A - CDNCRJT@
Council adopted RESOLUTION No, 81 14, accepting the bid and authorizing the execution of contract 3006-
4A concrete for the construction of the Carlsbad Safety and Service Center,
16. AB #8255 - ACCEPTANCE OF PUBLIC ROAD EASEMENT FOR
SWIFT PLACE - CT 81-46.
Council adopted RESOLUTION NO. 81 13, accepting a gray deed conveying an easement for public road purposes.
17. Number not used,
18. AB #8256 - CITY ENGINEER CAR AU3XANCE.
Council approved a car allowance in the amount of $250.00 a mnth for the City Engineer and authorized the reimbursement of mving expenses not to exceed $2,000.00.
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ITEM REMOVED FRoEl THE CONSENT CALENDAR:
11. AB #8249 - ASSESSMENT DISTRICT NUMBER 85-2 - SOUTH
COLLEGE BaTLEvARD - PROJECT NTJMBER 31 88.
Anthony J. Skotnicki, 3535 Bedford Circle, addressed
Council, stating this would open up hundreds of acres for development and would be a grawth inducement.
In answer to query, staff stated this a financing tool to help the developer.
Council adopted the following Resolutions: Casler Lewis
RESOLUTION NO. 8109, ADOPTING A MAP SHOWING TEE PROPOSED Kulchin x:
BOUNDARIES OF A SPECIAL ASSESSMEXI' DISTRICT. Chick
RESOLUTION NO. 8110, APPROVING PROPCXjED €BSOwTION OF INTENTION AND REQUESTING CONSENT AND JURISDICTION.
ORDINANCES FOR ADOPTION:
19. AB #8084 - Supplement #4 - ZONE CODE AMENDMENT FOR
Pettine
SNUG HARBOR - CITY OF CAREBAD - ZC-329.
Council adopted the following Ordinance: Lewis
I Casler
XI Kulchin ORDINANCE NO. 9762, AMENDING TITLE 21 OF THE CARLSBAD
I
MUNICIPAL CODE BY AMENDING THE ZONING MAP FOR A ZONE Chick CHANGE E" R-T 10 R-DM ON 11 ACRES OF PROPERTY Pettine 1
GENERALLY LIXATED EAST OF 1-51 AND ~~ OF HARRLSON
STREET.
20. AB #8234 - ZONE CHANGE - ZC-330 - CITY OF cxRIsBAD.
John Stanley, Attorney, representing Levante Properties, spoke in opposition to changing the zoning
on this property. Mr. Stanley stated their objection to the "Q" overlay was the delay this would cause in
processing the developnent, but returning this to the Planning Comission for possible rezoning was unfair to
the developer.
Council Members mmnted that neighborhood comrcial was not needed on this property, as there was a planned shopping center across Rancho Santa Fe Road and one at the intersection of El Camino Real and
La Costa Avenue.
Council adopted the following Ordinance: Casler 1
Lewis 1
ORDINANCE No. 9763, AMENDING TITLE 21 OF THE Kulchin xx
cART;sBAD MUNICIPAL CODE BY AMENDING THE ZONING MAP Chick X
FOR A 'ZONE CHANGE FROM C-2 to C-2-Q ON PfiopEfiTy Pettine X
GENERALLY UICATED ON THE SOUTHWEST CORNER OF I2 COSTA AVENUE AND RANCHO SANTA FE FOAD.
Council referred this item to the Planning Comnission
X Pettine
X Chick xx Kulchin X Lewis for review of the zoning on the property.
X Casler
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: 28) 21. AI3 #8235 - ESTABLISHMENT OF SENIOR CITIZEN
CCMMISSION.
Council Member Chick requested that the
agreement between the City and the Senior Citizens
be checked by the City Attorney to determine its validity.
Council adopted the following Ordinance:
ORDINANCE NO, 1281 , AMENDING TITLE 2 OF THE CARLSRAD
MUNICIPAL CODE BY "E ADDITION OF CHAPTER 2.38 TD ESTABLISH A SENIOR CITIZEN COMMISSION.
DEPARTMENCAL AND CITY MANAGER REpoIiTs:
:m 22. AB #7681 - Supplement #2 - PAUW4.R AIRFOR!l? JOINT (45) POWERS AWE".
This item was continued.
HOUSING AND REDEvE~FiYERT COMMISSION:
Council adjourned to the Housing and Redevelopment Comnission at 6:44 p.m., and re-convened at 6:50 p.m., with all Members present.
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PUBLIC HEARMG:
23. AB #8253 - REPORT OF THE CITIZENS' COMMI'IYXE FOR
EEVIEW OF THE LAND USE ELEMENT OF THE GENERAL PLAN..
James Gaiser, Chairman of the Land Use Element Review Comnittee, explained the procedure followed by the Comittee during the five mnths they met and stated 68 hours were spent in discussions and deliberations. He
thanked the Members of the Committee for their work and
the staff members for their presentation of the data. Mr. Gaiser did state there were problem with a 30-
member Connnittee and suqgested mre definitive
guidelines for any future cornittee.
Members of the Codttee gave the various reprts, as
follows:
Mrs. Claudia H. Stebelski, Conunittee Member, gave the Collateral Report, with the six attachments: Periodic Review of the Land Use Element, Public Awareness,
Airport Operations, Beach and Coastal Resources
Conservation/Improvement, Noise and Other Nuisances and Scenic Corridors, as contained in the printed report.
Eric Larson, Vice-Chaiman of the Comittee, reported
on the overall findings and recolranendations for revising and reformatting the Land Use Element. He stated the report was in three Sections, and he listed these, starting with Section #3r Recomndations for Revising and Reformatting the Land Use Element. Next, he summarized Sectiog #2, Specific Detailed Remmndations and concluded with Section #1, a
Sununary of the Findings and Recommendations. Mr. Larson explained the vote of the majority on issues was presented, with the minority opinions also shown in the report.
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Anthony Skotnicki, Comnittee Member, reported on the first six topics: Land Use Classifications; Density; Buildout Population; Timing of Public
Facilities; Impacts of Growth; and Environmental
Protection as contained in the printed report.
Joe Gallagher, Cornnittee Member, reported on the next
group of topics: Open Space; Agriculture; Parks;
Comrcial; Redevelopment; and Industrial, as outlined in the report.
Margaret Brownley gave the final report on the following topics: Special Treatment Area; Parking; Desires and Concerns of Present Citizens; Time Constraints; Existing Master Plans; and Architectural Review, as presented in the printed report.
Mayor Casler opened the public hearing at 7:24 p.m. and issued the invitation to speak.
Barbara Hallman, 3610A Village Drive, Carlsbad Unit Chairman, League of hkhkhkhkhkhkhkhkhkhkn Voters, North Coast, San Diego County, addressed the Council, stating the desire
to keep the minority apinion alive. She offered the assistance of the League of Women Voters at any time the City felt the need.
Richard YOder, 7738 Madrilena Way, stated he felt the Comnittee had failed to deal with the mst serious
problem in Carlsbad, which is growth. He said the
population at buildout would be 208,000, rather than
the 140,000 shm in the slide presentations at
Conunittee meetings.
Richard Andrews, 1825 Bienvenida Circle, A Member of the Connittee, stated he felt the Connnittee did not go far enough in determining haw to manage growth. He said by establishing a rate of growth, the facilities would be built an time and the City could grow within itself and evaluate the impacts on the quality of life before it was too late.
Frank LMalter, La Costa, addressed the Council, statinu everything was for sale in La Costa, and all the
property had "for sale" signs on the property. He suggested the possibility of an ordinance prohibiting
the use of real estate signs on property. Mr. Malter
concluded, stating if the City lowered the densities,
it would cause economic hardships for property awners.
Gary Silvers, whose business partner is a Carlsbad resident, addressed Council stating any &anging of zoning would be a financial disaster for the people who own property, reducing property value and hurting the tax basis.
Frank Elfend, Elfend & Associates, Environmental Consultants for the Kelly Ranch Project, spoke on behalf of the Kelly Ranch Project, stating they felt it
met all the policies of the citizens' report. The lagoon would be enhanced, with the master plan
preserving 3/4 of the land area as apen space. The
project would also provide access to Macario Park. There would be a variety of high-quality housing and all tradeoffs had been made in relation to the benefits
that would be provided with the project.
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I II Mr. Elf end said the viability of the project was now questionable. The Comnittee voted 21 to 4 to exempt existing adopted mster plans. The Kelly Ranch Project
has been approved by the Coastal Commission and
reviewed by the City, State and Federal agencies. He said the project should be exempted as recommended by the Land Use Review Comnittee.
Sherman Stacey, Attorney, spoke on behalf of the Kelly
Ranch Project, stating it was an extraordinary event to receive the unanimous approval of the Coastal Codssion, which this project has received. There has been mre than four years of review and the project is
near to the start of construction. The impact of the
amendments proposed on pages 30 and 31 of the report
would be significant on this project. Mr. Stacey urged
the Council to accept the recomndation of the
Comnittee and exempt adopted master plans.
Steve Bieri, 1 1300 Sorrento Valley Road, San Diego,
asked the Council to judge each project on its own merit as far as density restrictions, He asked the
Council not to limit the RLM zone to 50 percent in the 25 to 40 percent slope areas.
RECESS :
Mayor Casler declared a recess at 8 : 00 p.m. , and Council re-convened at 8:11 p.m., with all Members present.
PUBLIC HEARING: (continued) I
A. J. Skotnicki, 3535 Bedford Circle, addressed Council, stating there were three obstacles: the inertia of a group of 30, in that efforts were not
focused on the real problems; grwth was not recognized
as a problem; and the existence of a clear-cut majority
and minority split on the Conanittee,
Allan Kelly, 4912 Via Arequipa, stated that the Conanittee did represent the people and their report represents an educated and thoroughly discussed set
of decisions. Mr. Kelly referred to the dhange with regard to master plans as reconmended by the Planning Conmission, an4 asked the Council to adopt the Land Use Review Comnittee's reconmendation.
Tom Smith, Committee Member, addressed Council, stating there were people representing special interests who
were wanting Council to leave their property alone, and there were citizens who want to maintain the quality of
life in Carlsbad. He said if the City grows slowly, it will be easier to mnitor that growth.
Jim Hicks, 2910 Managua Place, Cormittee Member, stated
this was a timing issue and not a planning issue. The
people of Carlsbad are concerned about grawth. New residents want to corn to Carlsbad to live, and that
right cannot be denied, Mr. Hicks referred to the five adopted mster plans and asked that Council accept the
Cormittee's reconmendation regarding master plans.
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Hank Litten, 7108 Santa Barbara, Cormittee Member, said
he saw no mssive concern about growth. !The public is concerned about public facilities being available concurrent with growth, major streets being extended sooner, more comrcial areas and mre parking as well as more parks and recreation facilities m. He saw thc
main concern of the public with regard to density as being the quality and variety of housing available.
Mr. Litten asked Council to adopt the Cornittee
remendations without changes.
Don Hoyt, 3307 Highland, addressed Council as a Member of the Chamber of Conmrce Growth Codttee. He supported the Comnittee's position on slope credit.
He felt the Codttee had spent time on this problem and there had been no study as to the impact of the proposal made by the Planning Codssion. He also asked that the Chamber of Conanerce proposal, endorsed by the Planning Conanission, to hire a project manager to Oversee public and capital inprovement projects, be
included.
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Walter Chenoweth, 5120 Avenida Encinas, also speaking as a Member of the Chamber's Growth Conanittee, asked
for as mch flexibility as possible on comrcial uses. He spoke in favor of the Codttee and Planning Codssion recommendations regarding Comrcial.
John Hanawalt, 3150 Pi0 Pico, spoke in favor of the
Committee's recommendations regarding industrial, with
the exception that he felt flexibility should he allowed for industrial uses in master plan projects.
Bob Ladwig, 3289 Donna Drive, Carlsbad Chamber of
Corranerce Growth Management Committee, spoke on master
plans and quality of growth. He felt the Cornittee
recolrrmendation with regard to density on existing master
plans should be adopted; with the other criteria
regading slopes, riparian waterways, etc., remaining intact.
Mr. Ladwig agreed with the Plannning Commission
recorranendation to instruct staff to develop an inventory of apen space, and he felt this should be
done as soon as possible, with any projects submitted prior to the oompletion of the inventory complying with the guidelines set out by the Cormittee.
Catherine Nicholas, 2814 Caminito Sebastian, stated reduction of the density ranges and slopes would not achieve quality of life. She said that Carlsbad is not a victim of high density; that higher ranges are needed for apartments and affordable housing. She felt there was mre incentive for quality development with the
present densities.
Linnea McDonald, 2832 Hillsboro Court, Cornittee
Member, stated her concern with the makeup of the
Cornittee, saying she felt there were people with special interests on the Cdttee.
Kelly Irving, P. 0. Box 2056, representing the
Association of Carlsbad Taxpayers, stated ACT had not
yet adopted a foml position, but the citizens are
concerned with the rate of grawth of Carlsbad over the
years.
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John Thelan, 530 "B" Street, San Diego, Attorney, spoke
on the Hosp Grove Master Plan, stating master plans were unique and allow more flexibility for making a project mrk. He felt the density issue should be
honored as it low exists, with the other criteria
applied to the plans. He urged adoption of the Committee reconmendation.
Mike Ryan, Daon Corporation, 5150 Avenida Encinas, stated the General Plan does not need a major overhaul.
He also expressed opposition to the restrictions propsed mncerninu slopes, and urged existing master plans not be subjected to a &ange in rules half-way
through.
Don Hickethier, 3701 Haymar Drive, asked that the remnanendations of the Planning Comnission on
commercial and industrial be accepted.
Bill Hofman, Planning Consultant, 3531 1/2 South Vista
Way, referred to the aments compiled at the four public hearings by the Comfittee, and stated that master plans can address the majority of those concerns.
Nick Banche, 810 Mission Avenue, spoke regarding the Hosp Grove Master Plan, which was adopted in 1969 and is 80% developed. He felt if a dange in density applied to this plan, it muld be unfair. Mr. Banche suggested staff should report on each of those five plans and the impact of &anged densities.
Mike Straub, 3360 Monroe, spoke against lowering the high density range, stating that would reduce the apartment segment and cause higher rents. That would not solve any problem and would create a hardship for smaller developers.
Jams Courtney, 4914 Avila Avenue, Conunittee Member, requested Council to evaluate each reconmendation individually.
Roy Blackford, 2942 Harding, stated smaller projects
need to be ansidered, and asked that the rules not l=e changed for existing master plans.
Joe Gallagher, 1165 Hoover, Consnittee Member, reconmended the report as submitted by the Committee
be approved,
William Savage, P. 0. Box 773, Rancho Santa Fe, spoke in cpposition to lowering density, stating that would
have no bearing on the quality of a development or of
life.
Ruth Coyle, 6550 Ponto Drive, Cormnittee Member, stated the documents spoke for themselves.
Jim Gaiser, 3340 Ridgecrest Drive, stated there were rx easy answers, and everyone had a chance to speak. He urged the Council to look at the report as submitted.
Since no one else wished to speak, Mayor Casler closed the public hearing at 9:43 p.m. Council determined.
that due to the time, this item would be mntinued to Wednesday, July 17, 1985, at 6:OO p.m., for Council
discussion and action.
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OFF-AGENDA ITEMS:
'70) Batiquitos Lagoon Restoration
Council Member Chick requested an off-agenda item
regarding the possible restoration of Batiquitos Lagoon
as a result of a pipeline project in Los Angeles Harbor
by the Pacific Texas Pipeline Coqany.
Council agreed to consider an off-agenda item on Casler XE
Batiquitos Lagoon Restoration. Lewis 1
Kulchin Chick
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E Pettine
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Council Member Chick reported there will be a meting
on Thursday reqarding the proposed pipeline from
L.A. to a refinery in Midland, Texas. Due to
mitigation concerns, it is possible they would restore Batiquitos Lagoon to a natural waterway under the tern of CEQA.
Council Member Chick stated he would like Council to consider forming a cormittee to receive funds and have the City take the lead agency role in the restoration
of the lagoon.
Council, by consensus, expressed approval of the
concept, and authorized Council Member Chick to so state at the meting on Thursday.
Postpnement of Future Agenda Items
Council Mehr Pettine requested consideration of an
off-agenda item to continue certain item proposed for the August 6, 1985, meeting.
Council agreed to consider an off-agenda item regarding Casler X
certain items proposed for the August 6, 1985, meeting. Lewis X
Kulchin X
Chick X
Pettine xx
Council Member Pettine requested the agenda items pertaining to Daon projects in La Costa, set for the
August 6, 1985, meeting, be postponed until August 20,
1985, to allow him to participate.
Council directed staff to postpone the five Daon Casler x
projects proposed for the August 6 agenda to the Lewis x
August 20, 1985, meeting. x Kulchin
Pettine xx ~
3 Chick
I€WOF@IATION ITEM:
~ (81 ) A. Informational report regarding retention of Richter Group as Comnications Consultant for the Public
Safety Center facility.
Council- Member Pettine requested the record reflect his opposition to the Richter Group continuing on this
contract.
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ADJOUFWWNT:
By proper mtion, the meeting of July 16, 1985, was
adjourned at 10:05 p.m., to Wednesday, July 17, 1985, at 6:OO p.m., in the Council Chambers.
Respectfully submitted,
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ALETHA L. muTEFmANz
City Clerk
Rarriett Babbitt Minutes Clerk
JAL