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CC 1995 06-27 CITY OF POWAY, CALIFORNIA MINUTES OF THE CITY COUNCIL REGULAR MEETING ~UNE Z7, 1995 The June 27, 1995, regular meeting of the City Council of the City of Poway, was called to order at 7:02 p.m., by Mayor Higginson at the City Council Chambers, 13325 Civic Center Drive, Poway, California. COUNCILMEMBERS PRESENT AT ROLL CALL Mickey Cafagna, Susan Callery, Bob Emery, Betty Rexford, Don Higginson STAFF MEMBERS PRESENT James Bowersox Marjorie Wahlsten Steve Eckis Peggy Stewart Bob Thomas Mark Weston Reba Wright-Quastler Randy Williams Warren Shafer Steve Streeter Peter Moote Penny Riley Annette Gonzalez City Manager City Clerk City Attorney Director of Administrative Services Director of Community Services Director of Engineering Services Director of Planning Services Director of Public Services Director of Redevelopment Services Principal Planner Deputy Dir. of Administrative Services Senior Management Analyst Senior Management Analyst PLEDGE OF ALLEGIANCE Deputy Mayor Callery led the Pledge of Allegiance. PUBLIC ORAL COMMUNICATIONS Mayor Higginson explained the procedure for Public Oral Communications. The following person was present wishing to speak: Bill Rickles, 13725 Utopia Road, posed the rhetorical question, "Who are We?" He stated they are people that want to be involved in decisions that will threaten the quality of life in Poway. CONSENT CALENDAR Councilmember Emery pulled Items 23 and 28 from the Consent Calendar. Mayor Higginson stated Item 29 has been pulled by the public. Councilmember Cafagna disqualified himself from Item 29.1. Motion by Councilmember Callery, seconded by Councilmember Emery to approve the Consent Calendar as follows: 5546 Page 2 - CITY OF POWAY - June 27, 1995 18. Approval of Minutes - City Council June 6, 1995, Regular Meeting 20. Ratification of Warrant Register for period of June 5-9, 1995. (401-10) 21. Approval of City's Investment Report: May 31, 1995. (408-01) 22. Approval of an amendment to the Law Enforcement Contract for fiscal year 1995-96, approving an extension through September 30, 1995. (602-01 #59) 24. Adoption of Resolution No. 95-055, entitled, "A Resolution of the City Council of the City of Poway, California, Adopting an Appropriations Limit for Fiscal Year Ending June 30, 1996." (401-23) 25. Appropriation of $25,000 from the Capital Replacement Fund for the purchase of a 1984 International water truck. (601-04) 26. Appropriation of $17,500 for William Martincorena's legal services to prepare the agreement with Pacific Bell for the proposed fiber-optic network upgrade as authorized on May 18, 1995. (1208-01) 27. Extension of agreement with Bob Wilson for lobbying services on behalf of the City of Poway and the Poway Redevelopment Agency to June 30, 1996. (602-01 #983 & 199R) 29.1 Approval of the acquisition of an easement for the Del Poniente sewer project in the amount of $5,002.50; Leonora Thomas owner, located approximately ¼ mile north of the terminus of Midland Road at Orange Blossom Lane, APN 314-650-26. (1001-02) Motion carried unanimously except for Item 29.1 which Councilmember Cafagna disqualified himself from voting on. ITEM 5 (40i-27) LANDSCAPE MAINTENANCE DISTRICT 83-1 Staff report by City Manager Bowersox. This is the second public hearing to set assessments within the Landscape Maintenance District 83-1. Zone A is proposed to be $118.48 per unit and Zone B is proposed to be $255.34 per unit. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-056, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 83-1 to be Collected on the Property Roll for Fiscal Year 1995/96." Motion carried unanimously. 5547 Page 3 - CITY OF POWAY - June 27, 1995 ITEM 6 (402-27) LANDSCAPE MAINTENANCE DISTRICT 86-1 Staff report by City Manager Bowersox. This is the second public hearing to set assessments within the Landscape Maintenance District 86-1. Zone A is proposed to be $261.00 per unit and Zone B is proposed to be $0 per unit. We have an agreement with the Church of the Latter Day Saints for their maintenance of Zone B. Speaking in opposition to staff recommendation: Richard Hart, 14081 Painted Desert Road, spoke about excessive water and problems with weeds in the area next to his property. Director of Public Services Williams will meet with him to discuss his concerns. Motion by Councilmember Cafagna, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 95-057, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 86-1 to be Collected on the Property Roll for Fiscal Year 1995/96." Motion carried unanimously. ITEM 7 (402-27) LANDSCAPE MAINTENANCE DISTRICT 86-3 Staff report by City Manager Bowersox. This is the second public hearing to set assessments within the Landscape Maintenance District 86-3. Zone A is proposed to be $163.00 per unit and Zone B is proposed to be $113.80 per unit. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-058, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 86-3 to be Collected on the Property Roll for Fiscal Year 1995/96." Motion carried unanimously. ITEM 12 (203-11) GENERAL PLAN AMENDMENT 95-01B SPECIAL PLAN 95-01/POWAY ROAD Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This item is being taken out of order in case there are interested members of the public present. Staff is recommending this item be removed from calendar and renoticed this fall after staff has had a chance to meet with business owners to explain the proposal and clear up misinformation. Speaking in opposition to staff recommendation: 5548 Page 4 - CITY OF POWAY - June 27, 1995 Robert Waite, 12910 Slack Street, asked if this is an assessment district and what is it going to cost the business owners. Councilmember Cafagna stated it does not establish mandatory requirements, only sets guidelines for new development, and is not an assessment district. Councilmember Emery stated he is opposed to the continuance and is opposed to the Plan. Motion by Mayor Higginson, seconded by Councilmember Cafagna to remove General Plan Amendment 95-01B, Specific Plan 95-01, Zoning Ordinance Amendment 95-01 and Zone Change 95-01 from calendar. Motion carried 4-1 with Councilmember Emery voting "no." ITEM 8 (203-11) GENERAL PLAN AMENDMENT 95-01A Staff report by Director of Planning Services Wright-Quastler. This was first heard on June 20, 1995 and continued to this date to be considered with General Plan Amendment 95-01B, Poway Road Specific Plan, however that item has been pulled from calendar. This would amend strategy I.F.4 of the General Plan to exempt the South Poway Community Plan from the 35 foot height restriction. There was no one present wishing to speak. Motion by Councilmember Cafagna, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-059, entitled, "A Resolution of the City Council of the City of Poway, California Amending Strategy I.F.4 of the General Plan of the City of Poway (GPA 95-01A)." Motion carried unanimously. ITEM 9 (203-21) SPECIFIC PLAN AMENDMENT 84-01Y Staff report by City Manager Bowersox. This was originally heard on June 20, 1995 and continued to this date to be adopted with General Plan Amendment 95-01A. It makes various amendments to the South Poway Specific Plan. In response to a concern expressed by Councilmember Rexford, an amendment is being proposed that will clarify that temporary sand and gravel aggregate processing facilities are only for processing materials during rough grading operations. There was no one present wishing to speak. Motion by Mayor Higginson, seconded by Councilmember Callery to close the public hearing, issue a Negative Declaration, and adopt Resolution No. 95-060, entitled, "A Resolution of the City Council of the City of Poway, California Approving Specific Plan Amendment 84-01Y." Motion carried unanimously. 5549 Page 5 - CITY OF POWAY - June 27, 1995 ITEM 10 (205-02)' FINANCIAL PLAN/FISCAL YEAR 1995-96 Staff report by City Manager Bowersox. This is the third public hearing on the budget for 1995-96. Staff recommends adoption of the Resolutions approving the budget as well as eleven Benefit Resolutions for various Capital Improvement Projects to be funded by Redevelopment Agency funds. Mayor Higginson asked the status of the Scripps Poway Parkway, easterly extension. Director of Engineering Services Weston stated all right-of-way has been acquired and we anticipate groundbreaking October 1, 1995. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-061, entitled, "A Resolution of the City Council of the City of Poway, California, Rescinding Resolution 95-017 and Approving and Adopting the Annual Budget for the Fiscal Year 1995-1996, and Appropriating the Funds Necessary to Meet the Expenditure Set Forth Therein"; Resolution No. 95-062, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Library Site Drainage Improvements Project (#5416) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-063, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Twin Peaks Road/Victoria Estates Drainage Improvements Project (#5417) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-064, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Ilene Street Drainage Improvements Project (#5418) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-065, entitled, "A Resolution of the City Council of the City of Poway, California Determining that the Drainage/Safety Improvement - Community Road Project (#5419) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-066, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Performing Arts Center Monument Sign Project (#5530) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95- 067, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Upper Lake Poway Restroom Project (#5629) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-068, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Hilleary Park Shade Structure Project (#5630) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-069, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Hilleary Park Playground Slide Covers and Safety Fencing Project (#5631) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-070, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Community Swim Center Concession Modification Project (#5632) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-071, entitled, "A Resolution of the City Council of the City of Poway, California, Determining that the Locomotive and Associated Equipment Restoration Project (#5633) is of Benefit to the Paguay Redevelopment Project"; Resolution No. 95-072, entitled, "A Resolution 5550 Page 6 - CITY OF POWAY - June 27, 1994 of the City Council of the City of Poway, California, Determining that the Upgrade of the Porter House Kitchen at Old Poway Park Project (#5634) is of Benefit to the Paguay Redevelopment Project." Motion carried unanimously. ITEM 10.1 (203-08) CONDITIONAL USE PERMIT 83-01 ANNUAL REVIEW/MODIFICATION OR REVOCATION IGLESIA NI CRISTO (CHURCH OF CHRIST) Director of Planning Services Wright-Quastler reviewed the status of this item. At the last City Council meeting, the Council heard testimony from the Church regarding the new structure they have the financing to build and the surrounding residents of the Elm Park Lane neighborhood regarding the Church's failure to meet the conditions of their Conditional Use Permit granted in 1983. The City Council directed staff to collect recommendations and prepare a list of interim conditions which will address the concerns of the residents. On June 22, staff met with the neighborhood and a list of draft conditions was prepared, including timing of the installation of the park, hours and conduct of church activities, site improvements, traffic and parking, property maintenance, neighborhood outreach and monitoring/on-going assessment. The conditions are not intended to mislead the church into believing that they are in any way being assured of a future approval for expansion of the religious facility. Staff recommends that the City Council adopt the interim conditions for Conditional Use Permit 83-01 and set a follow up hearing date for August 22, 1995 to assess progress towards the required conditions. Speaking in favor of staff recommendation: Mark Hawkins, 13352 Silver Lake, stated the Church wants to tie completing the conditions of the 1983 CUP to construction of the new church. Teresa Bertino, 13340 Silver Lake Drive Art Gamo, 1617 Southgate, Daly City Glenn Groth, 687 Riviera Court, Vista, architect for Iglesia ni Cristo, stated there are engineering concerns regarding several of the conditions and they need reasonable time to work those out. Melvin Moore, 13344 Carriage Road Motion by Councilmember Emery, seconded by Mayor Higginson to continue this item to July 11, 1995. Motion carried unanimously. Councilmembers cautioned the church that there are two separate issues with the 1983 Conditional Use Permit and the new sanctuary and the only item under discussion now is the 1983 CUP. City Attorney Eckis stated that a Conditional Use Permit gives an owner the right to use their land in a certain way and the conditions must be met or the use can be terminated. RECESS AND CALL TO ORDER Mayor Higginson recessed the meeting at 8:13 p.m. and called it back to order at 8:20 p.m. with all Councilmembers present. 5551 Page 7 - CITY OF POWAY - June 27, 1995 ITEM 11 (1204-05) WATER RATES/SEWER SERVICE CHARGES Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. Staff proposes an increase in the water charge from $1.585 to $1.663 per unit due to a 6% increase in the cost of raw water purchases, and the financing of our water treatment plant upgrade. The sewer service charge is proposed to be increased 3.98% from $43.83 per equivalent dwelling unit to $45.57, bimonthly. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing and adopt Resolution No. 95-073, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Water Rates for Fiscal Year 1995-1996 and Rescinding Resolution No. 94-079," and Resolution No. 95-074, entitled, "A Resolution of the City Council of the City of Poway, California Amending the Schedule of Sewer Service Charges and Establishing Sewer Service Charges for Fiscal Year 1995-1996 and Rescinding Resolution No. 94-080." Motion carried unanimously. ITEM 13 (203-08) CONDITIONAL USE PERMIT 95-05 DEVELOPMENT REVIEW 95-08 APPLICANT: OUTBACK STEAKHOUSE Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. This is a request to construct a 6,400 square foot restaurant which will serve liquor at the southwest corner of Twin Peaks Plaza at the intersection of Ted Williams Parkway and Pomerado Road. Staff recommends approval. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to close the public hearing, find that the previously issued Negative Declaration for Tentative Parcel Map 86-93 adequately addresses the potential environmental impacts, and adopt Planning Resolution No. P-95-33, entitled, "A Resolution of the City Council of the City of Poway, California Approving Conditional Use Permit 95-05 and Development Review 95-08, Assessor's Parcel Number 314-710-14." Motion carried unanimously. ITEM 14 (401-27) LANDSCAPE MAINTENANCE DISTRICT 86-2 1995-96 ASSESSMENTS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. On May 21, 995, the City Council approved the Engineer's Report for 5552 Page 8 - CITY OF POWAY - June 27, 1995 LMD 86-2. Assessments for Zone A are proposed to remain at $186.16 per unit. Zone B will remain at $240.90 per year. There was no one present wishing to speak. Motion by Councilmember Callery, seconded by Councilmember Emery to close the public hearing and adopt Resolution No. 95-075, entitled, "A Resolution of the City Council of the City of Poway, California Establishing Assessments for Landscape Maintenance District 86-2 to be Collected on the Property Roll for Fiscal Year 1995/96." Motion carried unanimously. ITEM 15 (705-14) LANDSCAPE MAINTENANCE DISTRICT 87-1 1995-96 ASSESSMENTS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. LMD 87-1 is within the South Poway Business Park. The District has proposed to include within its scope of maintenance approximately 57 acres along the major roadways currently maintained by the Land Development Area Association which is CF Poway, Phase I, and CF Poway, Phase II. The assessments for Parkway Business Centre and Poway Corporate Center are proposed to increase from $750.87 to $790 per net acre. Assessments for Pomerado Business Park, Phases I and II and McMillin commercial property will increase from $750.84 to $1,246.21 per net acre. The residential assessments will be $311.58 per unit. It is recommended that public testimony be taken and the public hearing be continued to August 1, 1995 for adoption of assessments. Speaking in favor of staff recommendation: Neville Bothwell, 12900 Brookprinter Place Motion by Councilmember Emery, seconded by Councilmember Callery to continue the public hearing to August 1, 1995. Motion carried unanimously. ITEM 16 (705-10) POWAY LIGHTING DISTRICT 1995-96 ASSESSMENTS Mayor Higginson opened the public hearing. Staff report by City Manager Bowersox. The Lighting District provides funding for street lights, traffic signals and flashing beacons. New assessments are proposed for 910 vacant parcels at a rate of 50 percent of the assigned benefit rate. An increase in assessments is proposed for 1,260 parcels currently included in Zone B (indirect benefit) which should be in Zone A (direct benefit). 115 parcels will be moved from Zone A to Zone B. Staff recommends that the City Council take public testimony and continue this item to August 1, 1995 for adoption of the assessments. 5553 Page g - CITY OF POWAY - June 27, 1995 Councilmember Callery asked about a letter received from a resident on York Avenue regarding being moved into Zone A. Director of Public Services Williams stated they are within 300 feet of the street light at the intersection of York and Aubrey streets which is the qualification for being included in Zone A. There was no one present wishing to speak. Motion by Councilmember Emery, seconded by Councilmember Callery to continue the public hearing to August 1, 1995. Motion carried unanimously. ITEM 17 (602-01 #1031) SOLID WASTE COLLECTION RATE SCHEDULE Staff report by City Manager Bowersox. As required by the solid waste franchise agreement, Mashburn has submitted a revised rate schedule which corresponds with the decrease in the San Diego County tip fee which will go into effect July 1, 1995. Solid waste rates will be reduced by approximately 4.39% for single family residents and 6.96% for multi-family and commercial customers. Mayor Higginson again thanked Councilmember Cafagna for all his work with the Solid Waste Authority and stated this is the first time that tip fees have been lowered in the County. Motion by Councilmember Emery, seconded by Mayor Higginson to adopt Resolution No. 95-076, entitled, "A Resolution of the City Council of the City of Poway, California Approving an Adjustment to Mashburn Waste and Recycling Services' Rate Schedule Pursuant to the Provisions of the Solid Waste Franchise Agreement." Motion carried unanimously. ITEM 23 (602-01 #227R) EXCLUSIVE RIGHT TO NEGOTIATE F. T. VON DER AHE COMPANY Staff report by City Manager Bowersox. F. T. Von der Ahe Company, owners of the shopping center at the southwest corner of Community and Poway Roads, is interested in purchasing the former Security Pacific Bank site owned by the Redevelopment Agency at that corner. Councilmember Emery stated he had pulled this from the Consent Center to ask whether the Agency wouldn't be better off going out to bid rather than giving an Exclusive Right to Negotiate. City Manager Bowersox stated the owner of the adjacent center could make the best use of the property because they could have shared parking. Motion by Councilmember Emery, seconded by Councilmember Callery to approve an agreement for the exclusive right to negotiate for the purchase of property owned by the Poway Redevelopment Agency at the southwest corner of Poway and Community Roads with the F.T. Von der Ahe Company. Motion carried unanimously. 5554 Page 10 - CITY OF POWAY - June 27, 1995 ITEM 28 (203-07) TEMPORARY USE PERMIT 95-44 FOURTH OF JULY ACTIVITIES Councilmember Emery asked the status of the fund raising efforts for the Fourth of July fireworks. Director of Community Services Thomas stated $3,600 has been raised to date. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. P-95-34, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 95-44," for Fourth of July celebration at Old Poway Park and notice of the fireworks event at the Poway High School Stadium. Motion carried unanimously. ITEM 29 (203-07) TEMPORARY USE PERMIT 95-74R APPLICANT: ANYTIME TOWING Staff report by Director of Planning Services Wright-Quastler. Anytime Towing is now proposing to use Lots 37 and 41 of Parkway Business Centre, immediately south of the SDG&E substation, for storage of vehicles in order to meet the demands of police towing contracts. When this came to the City Council on May 23, 1995 they were proposing to use Lot 13 of Parkway Business Centre. Staff recommends the approval of the use on Lots 37 and 41 on condition that a conditional use permit/development review application will be submitted within 60 days. Speaking in opposition to staff recommendation: David Pudgil, Rancho Towing, stated permanent completed before they are allowed to use the site. improvements should be Speaking in favor of staff recommendation: Cary Shultz, 13907 Poway Road, Anytime Towing, stated they will not use the site for anything except impounded vehicles until the final Conditional Use Permit is approved. These vehicles are not subject to fluid leakage like wrecked vehicles are. Motion by Councilmember Emery, seconded by Councilmember Cafagna to adopt Resolution No. P-95-35, entitled, "A Resolution of the City Council of the City of Poway, California, Approving Temporary Use Permit 95-74R," Anytime Towing applicant, to allow a towing operation and temporary storage of vehicles on Lots 37 and 41 of Parkway Business Centre, northwest corner of Danielson Street and Parkway Centre Drive; and denying application on Lot 13. Motion carried unanimously. CITY MANAGER ITEMS 30. City Manager Bowersox stated he received a letter today from Bill Silva 5555 Page 11 - CITY OF POWAY - June 27, 1995 Presents requesting a postponement of the public hearing scheduled for July 18, 1995. Ordinarily staff approves this type of request, however due to the high level of community interest, it was felt the City Council should consider this request. The notices for the hearing will be mailed this Friday and the legal advertisement will be in the paper next week so this is the only opportunity the City Council will have to take any action. If the City Council concurs with the request, the public hearing could be set for September 12, 1995 when all Councilmembers will be present. Motion by Councilmember Emery, seconded by Councilmember Rexford to add this item to the agenda since the need to take action has arisen within the past 72 hours. Motion carried unanimously. Councilmember Emery stated he would prefer to adhere to the July 18, 1995 date since the community is geared up for this date. The applicant can come forward and request a continuance at that time. Councilmember Callery stated she is concerned with the public's perception of the process and we don't want to hear it twice. Mayor Higginson stated this applicant should not be treated differently than others and if they say they're not ready then the continuance should be granted. Councilmember Rexford stated she agrees with Councilmember Emery. This is a very divisive issue in the community and we need to resolve it. Councilmember Cafagna voiced concern regarding the message sent to other applicants about how they will be treated by the City. Gail Trunnell, 13311Neddick Avenue, stated the citizens have spent a lot of time and expense putting out notices for the July 18, 1995 meeting. Motion by Councilmember Emery, seconded by Councilmember Rexford to hold the public hearing on Bill Silva Presents amphitheater on July 18, 1995. Motion carried 3-2 with Mayor Higginson and Councilmember Cafagna voting "no." (Councilmember Cafagna left the room.) CITY ATTORNEY ITEMS 31. A. City Attorney Eckis stated the conference with labor negotiator for Poway Firefighters Association will not be held. B. City Attorney Eckis requested a closed session be added to the agenda to discuss existing litigation, Poway Redevelopment Agency v. Parkway Business Centre, Parkway Partners, ADI Property Inc., D. L. Daley 5556 Page 12 - CITY OF POWAY - June 27, 1995 Corp. &Burlich Corp., Superior Court Case No. 685313. He has received aletter from their attorney with a 48 hour deadline. Motion by Mayor Higginson, seconded by Councilmember Callery to add this item to the agenda since the need to take action arose within the past 72 hours. Motion carried 4-0 with Councilmember Cafagna out of the room. CLOSED SESSION Mayor Higginson adjourned the meeting into closed session at 9:35 p.m. CALL TO ORDER AND ADJOURNMENT Mayor Higginson called the meeting back to order at 10 p.m. with all Councilmembers present and adjourned it on motion by Councilmember Cafagna, seconded by Councilmember Callery. Marjorie~K. Wahlsten, City Clerk City of I~oway 5557