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HomeMy WebLinkAboutMinutes - October 6, 1965287 CITY COUNCIL, CITY OF LORI CITY HALL COUNCIL CHAMBnRS OCTOBER 6, 1965 This regular meeting of the City Council of the City of Lodi was held beginning at 8 p.m. of Wednesday, October 6, 1965, in the City Hall Council Chambers. ROLL CALL Present. Councilmen - BROtIII, CULBERTSON, DOW(arrived 8:08 p.m.) WALTON(arrived 8:03 p.m.) and KIRS=I(Mayar) Absent: Councilmen - None Also present: City Manager Glavesj City Attorney Mullen, Administrative Assistant Peterson and Planning Director Schroeder. MIN'UIES Minutes of September 15, 1965, were approved as written and mailed on motion of Councilman Brown, Culbertson second. VISITORS FROM Mayor Kirsten welcomed the following officials from COSTA RICA Heredia, Costa Rica: Mayor Zamora Cardoce; Vice Mayor Miguel Dobler; General Manager of the City Electric Company, Rodrigo Montero; City Engineer Ramon Ramierez and businessmen Juan Hurillo, Rafael Sequeira and Jose Zamora. Mayor Kirsten also introduced David Ferrell of Conway Research who is the tour conductor for the group on behalf of the State Department and Dr. Frank Johnson of the Lodi District Chamber of Commerce who made the arrangements for their visit in Lodi. CONGRESS FOR Dr. Johnson then presented the recommendations passed COMMUNITY by the first Congress for Community Progress on PROGRESS REPORT September 2, 1965, as follows: tCouncilmen Dow and Walton arrive.) 1. The City of Lodi .continue to push for con- struction of underpasses at earliest possible dates. 2. Convert School Street into a mall on shopping . nights. 3. Investigate what is being done in Pacifica with Explorer Scouts on a program teaching respect ' for law. and order.. 4. Canvass unlighted districts and encourage prop- erty owners to form assessment districts to provide proper lighting, with the city to furnish a brocbuxeor other information means._ t 5. Investigate means for g providing permanent airport service for Lodi.- odi.-6. 6.Study.possibilities of a transit system for Lodi. 7. Request the Southern Pacific Railroad to repaint the freight depot and perhaps in a mare harmonious color. 8. City officials to investigate the possibilities of beautification around the Pine Street arch area. 9. Investigate and create a city ordinance for weed abatement and sidewalk improvement. 1 Minutes of October 6, 1965, continued 10. Endorse the plan for the Cherokee Lane improve- ment and other entrances; urge the city to con- tinue with possible completion of this plan. 11. Establish several classifications of industrial zoning, with present industrial areas of the city to be rezoned to conform to the new classifi- cations. 12. The Commission for Recreation and Parks to con- tact all agencies and explore all possibilities for the purpose of retaining water in Lodi Lake Park and surrounding areas on a year-round basis. 13. The City Council to explore all means of financing for construction of a new City Library, and explore the possibility of adding a cluster of buildings containing a cultural arts center. 14. The City Department of Recreation and Parks to look into the feasibility of forming a Culturz.l Arts Council serving in an advisory capacity to the department. VISITOR Mayor Kirsten then introduced mayor Leonidas Belesis FROM GREECE of Megalopoleos, Greece, who is visiting in Lodi. BID OPENING - 1965 MUNICIPAL IMPROVRMNT BONDS Mayor Kirsten called for opening of bids received for the sale of $5,500,000 Municipal Improvement Bonds, Series A, notice thereof having been given in accordance with law. Bids received were'as follows: Name of Bidder Net Interest Cost The Bank of California N.L. $3,491,222.50 Bank of America N.T. & S. A. 3,509,181.00 The First National Bank of Chicago 3,550,605.00 United California Bank 3,515,397.50 Farmers & Merchants Bank of Central Cal. 3,509,480.00 Cincotta Inc. 3,481,393.50 After opening of the bids by the City Clerk was completed Mr. Carl Kadie and Mr. Mel Davison of Stone & Youngberg retired from the meeting to check the bids to determine which was the highest. PUBLIC HEAR114GS R. TRIOL.O Notice thereof having been published in accordance rri4i APPEAL law, Mayor Kirsten called for public hearing on the appeal of Russell Triolo from`the decision of the City Planning Commission in denying his request for the rezoning of the property at 723 South School Street from R-2 Single Family Residential to R-3 Limited Multi- ple Family Residential. Mayor Kirsten asked if there was anyone,in the audience who' wished to be heard in J n �. ` R favor of the rezoning. (Mr. 1?illiam E. Rempfer, 115 South Fairmont Avenue, interrupted the hearing to ask why his request to have West Lodi Avenue on the Agenda had not been done. He said the Planning Commission had not made a recommendation within the 90 -day period required, and therefore the Council should resolve the question without further delay. Since the appeal of Mr. Triolo was the topic under consideration, Mayor Kirsten asked Mr. Rempfer to wait until later in the meeting.) There was no one present to speak in favor - 2 - ME Minutes of October 6, 1965, continued SWZ' of the appeal. The following people spoke against the appeal: Mr. Bill Adams, 304 S. School Street; Mr. Leon Grabow, 745 South School Street; and kr. J. H. Worden, 737 S. School Street, There being no one else in the audience wishing to be heard in regard to the appeal, the public portion of the hearing was closed and the Council discussed the present zoning in the area of Mr. Triolo's property in relation to his request. Councilman Walton moved that the appeal of Mr. Triolo from the decision of the Planning Commission in denying his request for rezoning of the property at 723 South School Street to R-3 be denied. The motion was seconded by Councilman Culbertson and carried unanimously. ZCNING Notice thereof having been published in accordance with RIRIDERT ADDN. law, Mayor Kirsten called for hearing on the recom- TO C-2 mendation of the Planning Commission to zone property at the northwest corner of Cherokee Lane and Almond ORD. N0, 799 Drive, to be annexed as the Kundert Addition, to C-2 INTRODIrso Commercial. There were no protests to the zoning, written or oral. On motion of Councilman Brown, Dow second, the City Council introduced by unanimous vote Ordinance No. 799 zoning the property at the northwest corner of Cherokee Lane and Almond Drive to C-2, having unanimously waived reading of.the ordinance in full. ABANDONMENT - Iiotice thereof having been published in accordance with PLEASANT_BTW law, the Mayor called for hearing on the proposal to PINE ANDAELM abandon Pleasant Avenue between Pine Street and Elm Street and portions of„alleys abutting said street. There were no protests, written or oral. On motion of Councilman Walton, Dow second, the City Council adopted its Order abandoning said street and alleys. ..COMMUNICATICUS COUNTY RE A letter was read from the.County Counsel of San Joaquin COWLINITY County stating,the County Board of Supervisors was iS ACTICN CO_ICIL requesting the Community Action Council to amend the section of its by-laws dealing with the filling of vacancies on the Council which reads as follows: 'vacancies in the membership may be filled by a majority of the remaining directors, though less than a quorum, or by a sole remaining dixector.” The Board of Super- visors feels the original appointing authority, that is, the Board of Supervisors -or the City Councils, should retain the power to replace any director it originally appointed. :The letter suggested that if the Lodi City Council were of the same opinion on this matter, a resolution should be adopted requesting the Community Action Council to.amend its by-laws. Council- man Brown said that action on the. letter should be., postponed to the next meeting,.that the Community Action Council would be having a meeting on the 8th.to con- sidex rewriting its by-laws. Dr. Frank Johnson said it was important to understand the considerations involved. He felt members should be selected from the neighborhoods involved in the was -on -poverty program.. Councilman Culbertson stated the elected officials should maintain control since they are responsible. Councilman Dow moved that action on the letter from the Board of Supervisors be postponed for two weeks or until it is brought up by Councilman Brown. The motion was seconded by Councilman Brown and carried with Councilman Culbertson voting no. SWZ' 2a0 Minutes of October 6, 1965, continued RUILEDGc A petition was received from the owner of land at the ADDITION southeast corner of Turner and Sacramento Roads for tae annexation thereof to the City as the Rutledge Addition, RES. I4O. 2866 said proposal having been approved by the Local Agency 6.3OPTED Formation Commission of San Joaquin County. On motion of Councilman Culbertson, Dow second, the City Council adopted Resolution No. 2866 giving notice of the pro- posed annexation of the Rutledge Addition and setting public hearing thereon for October 20, 1965. KLNDERT A petition was presented from all of the owners of land ADDITION at the northwest corner of Cherokee Lane and Almond Drive for annexation thereof to the City as the Kundert RES. NO. 2867 F.ddition, said proposal having been approved by the ADOPTED Local Agency Formation Commission of San Joaquin County. On motion of Councilman Brown, Culbertson second, the City Council adopted Resolution Ato. 2867 giving notice of the proposed annexation of the Kundert Addition and setting public hearing thereon for October. 20, 1955. ABC LICENSES The following notices of application for alcoholic beverage licenses were received: 1. Transfer application, on sale general, for Felix and Rochelle Torre, 31 Rancho, 620 I4. Cherokee Lane. 2. Duplicate Wine Grower's permit for wine tasting and retail sales room at 606 W. Lockeford Street for Dennis P. and George Flexander. AWARD - 1965 MUIICIPAL IPWROVEN&IT BOID3 Mr. Davison and bir. Kadie of Stone and Youngberg returned to the meeting, their checking and tabulation of tie bids having been completed. I•ir. Davison recommended that award be made to Cincotta Inc as the highest bid with a net interest cost of 3.5100%. On motion of Councilman Walton, Dow second, the City Council adopted the following resolution: RESOLUTION N0. 2868 RES0LUTICK SELLING $5,500,000 PRIIICIPAL ANOU1T OF CITY OF LODI 1965 MUIICIPAL ILIPROVEMENT MIDS, SERIES A, AND FIXING THE DBFINITIVE RE:TES OF INTEREST THEREON. 4&ERHAS, the City Council of the City of Lodi has duly authorized the issuance of $5,500,000 principal amount of bonds desig- nated !'City of Lodi 1965 Municipal Improvement Bonds, Series All (herein called the "bonds") and further duly authorized the sale of the bonds at public sale to the highest bidder therefor; and T.7fi f.3, notice of the sale of the bonds has been duly given and the following bids for the bonds were and axe the only bids received, to s. -It: Name of Bidder Het Interest Cost The Bank of California N.F.. $3,491,222.50 Bank of America 1T.T. & S.A. 3,509,181.00 The First National Bank of Chicago 3,550,605.00 United California Bank 3,515,397.50 Farmers & Merchants Bank of Central Calif. 3,509,480.00 Cincotta Inc 3,481,393.50 - 4 - 2.9 _1 Minutes of October 6, 1965, continued and ;kSREAS, the bid of Cincotta Inc is the highest bid for the bonds, considering the interest rates specified and the. premium, if any, offered, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Lodi as follows. 1. Said bid of Cincotta Inc for the bonds is hereby accepted and the Treasurer is hereby authorized and directed to deliver the bonds to said purchaser thereof upon payment to the Treasurer of the purchase price, to wit: The par value thereof and a premium of $1,711.50, together with accrued interest at the follow- ing rates: Bond Numbers blaturity Years Interest Rate (Inclusive) (Inclusive) Per Annum (All Bearing Prefix "A") . 1 to 221 1966 to 1974 4.30% 222 to 376 1975 to 1979 3.3055 .377 to 562 1980 to 1934 3.40% 563 to 1100 1985 to 1995 3.500 The bonds shall bear interest at the rates hereinabove set forth, payable semiannually on April 1 and October 1 in each year, except interest for the first year which is payable annually on October 1, 1966.. 2. All bids except said accepted bid are hereby rejected and the City Clerk is hereby directed to return to the unsuccessful bidders their several checks accompanying their respective bids. 3. The City Clerk is directed to cause -to be lithographed, printed or engraved a sufficient.number of blank bonds and coupons of suitable quality, said bonds and coupons to show on their face that the..same'bear interest at the rates aforesaid. 4. ;bis resolution shall take effect from and after its passage and approval. PASSED MVD ADOPTED this 6th day of October, 1965, by tie following vote: AYES: Councilmen - BROWN, CULBcRT5011, DO:7, WALTCN and KIRSTi- "I NOBS: Councilmen - None ABSENT: Councilmen -.None - On motion of Councilman Brown, dalton second, the City Council then adopted the following resolution: RESOLUTION 1I0, 2669 RESOLUTION AMENDING RESOLUTION 140. 2851 ADOPTED BY THE CITY COUNCIL OF -TIE CITY OF LODI BE IT RESOLVED by the City Council of the City of Lodi, as follows: 1. The last paragraph of the form of registered bond, contained on page 14 of Resolution No. 2851 adopted by this City Council on August 18, 1965, is amended to read as follows: - 5 - 242 Minutes of October 6, 1955, continued IN WITNESS WHEREOF, the City of Lodi has caused this Bond to be executed under its official seal, signed by its Mayor and its Treasurer, and countersigned by its City Clerk, and this Bond to be dated 2. This resolution shall take effect from and after its passage and approval. PASSED AND ADOPTED this 6th day of October, 1965, by the following vote: AYES: Councilmen - BROWN, CULBERTSON, 0a%19 WALTON and KIRSTEN NOES. None ABSENT: None COMMUNICATIONS (continued) LETTER FROM Lir. Rempfer asked why his letter requesting that West WN REtMPFER Lodi Avenue be placed on the agenda had not been read. RE W. LODI AVE. Ar. Glaves replied that since i4r. Rempfer had already REZONING questioned the Council in that regard, he had not con- sidered it necessary to read the letter. Mr. Glaves then read the letter of Lir. Rempfer requesting that the Planning Commission's recommendations on the West Lodi Avenue rezoning be placed on the October 6 agenda. Mayor Kirsten said the matter of West Lodi Avenue would come up later in the meeting. He then declared a ten-minute recess. PUBLIC HEARINGS (continued) REZONE NW After the Council reconvened, Mayor Kirsten called for CORNER OF public hearing on the recommendation of the Planning SCHOOL AND Commission to rezone property at the northwest corner of LOCKEFORD Lockeford and School Streets from R-4 to C-2, notice TO C-2 thereof having been published in accordance with law. There were no objections to the rezoning,. written'or oral. ORD. NO. 800 Lir. Stanley D. Kirst spoke in favor of the request. On INTRODUCED motion of Councilman Brown, Walton second, the City Council introduced Ordinance No. 800 rezoning two parcels at the northwest corner of School and Lockeford Streets from the R-4 Multiple Family Institutional zone to the C-2 Commer- cial zone, by reading of title only and waiving reading of the ordinance in full. REPORTS OF THF_ CITY MANAGER CLAIMS Claims in the amount of $199,221,35 were approved on motion of Councilman Culbertson, Brown second. SUPPLEMENTAL Mr. Glaves explained that a supplemental resolution was RESOLUTION RE required for the filing of an application for a Federal OPEN SPACE. grant in the acquisition of open space land (Basin B-1). GRANT The resolution provides that no person shall be discrimi. nated against because of race, color, or national origin RES. NO. 2870 in the use of the land to be acquired. On motion of ADOPTED Councilman Dow, Culbertson second, the City Council adopted supplemental Resolution No. 2370 for the application of the open space grant. AWARD - SALE The following bids were received for the removal of OF BUILDINGS buildings at 220' and 302 West Elm: AT 2201-, AND 302 W. ELM Bidder 22015 17. Elm 302 W. Elm RES. NO. 2871 Ted Schneider, Jr. $506.00 $111.00 ADOPTED Maurice O. Ray, Jr. -0- 502.00 Jack Comer -0- 512.00 S� 293 Minutes of October 61 1965, continued Mr. Glaves recommended that award be made to the high bidder in each case. On motion of Councilman Walton, Dow second, the City Council adopted Resolution No. 2871 awarding sale of the buildings as follows: The building at 220 West Elm Street to the only bidder, Ted Schneider, Jr.; and the building at 302 West Elm to the highest bidder, Jack Comer. POLICY RE City Attorney Mullen said the question of permitting people SALE OF to bid again on the sale of the houses had come up. In BUILDINGS the past the Council has not considered further offers once the bids have been opened. Councilman Walton felt the Council should try to get the best price and that if someone wanted to raise the bid by 10% he should be per- mitted to do so. On motion of Councilman Dow, Walton second, the Council authorized the City Attorney to prepare notices to bidders for the sale of buildings to indicate that after the bids had been opened, the City Council would consider receiving bids which were at least 10% above the best bid. TRAFFIC STUDY Mr. Glaves reviewed the proposal of Dr. D. Jackson Faustman, PROPOSAL consulting traffic engineer, for a study analyzing and updating the City's existing street system. A complete study would cost the City $10,500, but a study reduced in scope would be correspondingly less. According to the City Manager, past experience.has shown that a complete study would be of much more value to the City. Because of the urgency of West Lodi Avenue, Mr. Glaves said Dr. Faustman would bring in a report on that area before completing the survey. REZONING W. The Council then discussed whether or not the traffic sur- LODI AVE.. vey should be made before or after the zoning on West Lodi Avenue had been resolved. Councilman Walton moved that the Council set for public hearing on October 20, 1965, the rezoning of Lodi Avenue between Hutchins Street and Ham Lane, proposing zoning on the south side as approved at the Council meeting of July 7, 1965, and C -P on the north side between California and Ham for the depth of one lot. His motion was seconded by Councilman Dow. Council- man Culbertson made a substitute motion to request the Planning Director to present a brief outline of the area in question. His motion was seconded by Mayor Kirsten and failed by the following vote: Ayes: Councilmen - CULBERTSON and KIRSTEN Noes: Councilmen - BRQVjR2 DOW and WALTON The motion of Councilman Walton to set West Lodi Avenue for public hearing then carried by the following vote: Ayes: Councilmen - BROWN, DOW and WALTON hoes: Councilmen - CULBERTSON and KIRSTEN POSTPONE Councilman Culbertson moved that action on the hiring of HIRING TRAFFIC a traffic engineer be postponed. His motion was seconded ENGINBaR by Councilman Walton and carried. P. TP,ITENBACH Mr. Glaves presented a proposal from Mr. Paul Tritenbach TO DESIGN POR. for preparation of plans for landscaping Cherokee Cana from CHEROKEE LANZ the north line of Teck's Nursery south to the Bypass LANDSCAPE Interchange. The cost of his services would be $860, On motion of Councilman Culbertson, Dow second, the City Council authorized retaining Mr. Tritenbach for the land- scape design of Cherokee Lane in accordance with his proposal. - 7 - 20/4 Minutes of October 6, 1965, continued DUSK -TO -DAWN Mr. Glaves reported that the Superintendent of Utilities LIGHTS has been receiving requests for installation of 400 -watt WATER SERVICE dusk -to -dawn lights. This is a larger light than is speci- ORD. NO. 801 fied in the electric rate schedule and Mr. Glaves recom- INTRODiI:SD mended that the schedule be amended to include a 400 -watt mercury vapor light at $5.70 per month. On motion of Councilman Dow, Walton second, the City Council introduced Ordinance No. 801 amending Ordinance No. 781 and thereby providing for 400 -watt dusk -to -dawn lights at $5.70 per month, by reading of title only and waiving reading of the ordinance in full. DRIVEWAYS - A request by Douglas Oil Company for three 30 -foot drive - DOUGLAS OIL ways at the northwest corner of Church and Lockeford AT CHLRCH Streets was presented for Council consideration. On & LOCKEFORD motion of Councilman Dow, Brown second, the driveways were CATION approved as presented. DRIVEWAYS - A request had also been received from Standard Oil Company STANDARD OIL for three 30 -foot driveways at the northwest corner of AT ELM AND Cherokee Lane and Sim Street. Councilman Dow moved that CHEROKEE the request be granted. His motion was .seconded by Councilman Walton. Councilman Culbertson asked the Director of Public Works about two of the driveways being close to the corner as he felt they could create a traffic hazard. The Director felt they would not be a problem, that space had been left at the corner but the City had enlarged the radius. The motion carried with Councilman Culbertson voting no. DRIVEWAY Councilman Dow moved that the Administration propose a APPROVAL BY resolution which would empower the Director of Public Works DIR OF PW to make decisions on all driveway requests. His motion PROPOSED was seconded by Councilman Culbertson and carried. M. J. VARNER Mr. Glaves presented an amendment to the City's contract CONTRACT with the architect for the Public Safety Building, AMENDED Mr, Marion J. Varner, to cover plans for the Civil Defense Emergency Operating Center in the Public Safety Building RES. NO. 2872 and compensation therefor in the amount of $24,000. On ADOPTED motion of Councilman Dow, Walton second, the City Council adopted Resolution No. 2872 amending the contract with Mr. Varner as presented. REQUEST OF The City Manager said -a request had been received froze 1,,SSTWAREHOUS3j Westwarehouses, Inc., for water service to a warehouse on FOR OUTSIDE their property south of Turner Road and east of the WATER SERVICE Southern Pacific right of way. This property is outside the City limits, but water lines are available for con- nection since this property had standby water service at one time. Mr. Glaves explained that the City policy regarding such requests has been to deny them unless the owners agree to annex when requested by the City. On motion of Councilman Culbertson, Dow second, the City Council instructed the Administraticn to write to Westwarehouses informing them of the City's policy. UTILITY Mr. Glaves recommended creation of the position of Utility TRAT14ING Training Assistant. He said a person in this capacity ASSISTA14T would be useful in the Utility Department at this time and CLASSIFI- should help alleviate some of the problems by training CATION electric crews in the principles and practices of electric g ; utility construction and operation. He recommended that ORD. NO. 2333 this classification be terminated on November 1, 1967.. ADOPTED The salary would be about 21,§5 above that of lineman. iae appointee would have a "Y" rate. On motion of Councilman Dow, Walton second, the City Council adopted Resolution No. 2873 establishing the position of Utility Training Assistant with a salary range of $570 to $693, said position to be abolished November 1, 1957. -a- 295 Ninutes of October 6, 1955, continued POLICY RE Mr. Glaves reported that the Public [larks Department is INSTALLATION running into problems in installing utilities for sub - OF UTILITIES dividers since the City cannot maintain the Capital IN SUED. Improvement Budget and at the same time extend services AND PLAi`I to subdivisions. He said he could see no reason why the CH3CKING City should continue to do the work in subdivisions, other than electric installations. Mr. John Capell, 324 LaVida Drive, said he was disappointed to find that the final map of Sunset South Subdivision was not on the agenda. He was concerned that it would not be under ti:e policy of allowing the subdivider to have the option of either having the utilities put in by a private contractor or having the work done by the City. Councilman Doc: moved that the City stop installing utilities in subdi- visions as recommended by the City Manager, except that maps which have been approved to date by the City Planning Commission would remain under the present policy.. His motion was seconded by Councilman Brown. Director of Public Works Jones said he would like to see the City get out of the subdivision business and said the County Surveyor would do the final map checking for $30. The Surveyor's Office is geared to do this sort of thing and he recommended that the subdividers have their map checking done by that office. In further discussing the present policy of installing utilities if requested by the subdi- vider, Co ilman Culbertson pointed out that the subdi- vider would have to wait until his work could be scheduled if he wanted it done by the City. The motion of Councilman Dow then passed by unanimous vote. Council- man Galton moved that plan checking of subdivisions be done by the County Surveyor. His motion was seconded by Councilman Dow and carried by unanimous vote. HARDBALL Por. Glaves recommended that the geodesic dome on the PARK Lincoln School grounds be moved to the hardball park as REFRESHMENT it is no longer used at the school and could be used to STAND replace the present refreshment stand at the ballpark. It is estimated that it will cost approximately $671 to move the building and put in a concrete slab, conduit and plumbing. Councilman Brown said if the ballpark needed a new refreshment stand, the City should build a good one. Councilman Culbertson agreed, saying that the City could build a shell which would be more satisfactory than the geodesic dome. He suggested a building 12' x 16' and said the concessionaire could fix up the inside. Councilman Dotii moved that the City Manager have a suitable building designed for a refreshment stand at the hardball park. His motion was seconded by Councilman Walton and carried unanimously. ENCROACHMENT Councilman Dow moved that the study of the proposed ORDINANCE 'Encroachment Ordinance be continued to the meeting of CONTY_IVUED- November 3, 1965. His motion was seconded by Councilman Walton and carried unanimously. LEGISLATION City Attorney Mullen gave each member of the Council a RE COUNCIL letter explaining a law enacted by the last session of SALARIES the State Legislature which authorizes the Council to adopt an ordinance providing that the members of the City Council shall receive a salary determined by the population group in which the City falls. A copy of a model ordinance to establish councilmen's salaries was attached to the letter. ENCROACHM117T Councilman Culbertson asked that a few basic rules be put ORDINANCE in the proposed encroachment ordinance for consideration at the next study session thereon. ADJOURi INEN T There being no further business, the City Council adjourned at 11:50 p.m. on motion of Councilman Dow, kialtQn second.