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HomeMy WebLinkAbout1958-05-23; City Council; Minutes\. 3 the purpose of discussing this annexation problem during the interim period . The Mayor appointed Cmn. Lough,nB&n. Helton and Cmn, Ledgerwood to serve on this committee, - By proper motion themeeting was adjourned at 8:50 P.M. Respectfully submitted, Deputy City Clerk. """."-_""""""""""""_"- SPECIAL MEETIKG OF THE CARLSBAD CITY COUNCIL May 23, 1958 The meeting was called to order at 4:lO P.M. by Mayor Baird. Present besides the Mayor were Councilmen Ledgerwood, Helton, Lough and Council- woman Sonneman; City Manager Nelson and City Attorney Smith. The Mayor announced that ,the purpose of this meeting was to consider the question of annexatiomof "East Carlsbad Annexation No, 2.1". The Mayor requested the Clerk to make the Notice of Special Meeting a part of these Minutes. Attached hereto, and made a part hereof, is the orginal Notice o Special Meeting signed by all of the Council Members. The City Attorney stated theee had been a meeting between members of the Council from both cities to. discuss the possibility of solving the proble of kl.seRage plant. It was hoped that this proposed annexation would be a bargaining power. At said meeting there was a gentlemen's agreement that Oceanside would withhold their hearing of May' 28, 1958 until some agree- nent had been made. The Mayor informed the Council that Mr. Hayes was present and has re- quested the Council to take a definite stand as to their intentions on the annexation of "East Carlsbad Annexation No. 2.1:' MR. BERRY HAYES, one.of the petitioners of the requested annexation, stated he did not feel the question of this proposed sewage plant should be made a part of the .annexation. He felt very definite that it should be decided by the Council if they intend to proceed with this requested anne ation, or if there will be an exclusion of the 11.9 acres parcel foE s.ewa purposes. If the City of Carlsbad app.roved this annexation they would certainly have more bargaining power as to the location and jurisdiction of a sewage plant. He further stated that if a sewer district could be formed at some future date, and a suitable location was confirmed by the Engineers, he would be willing to have his property bonded. Mr. Eayes pointed out that Carlsbad has not received any written agreement or assurance that Oceanside will postpone their hearing, and felt the City was certainly taking a chance. Cmn. Lough informed the Council he had a call in for Cmn. Sullivan since 10:@0 A,M. this morning, but as yet had not heard from him. He further stated that if an agreement can be worked out for. a joint plant he NYBS hopeful something could be worked out regarding the effluent waters; the water as is, is not satisfactory for irrigation water, but he has been informed it can be treated so that it can be used for irrigation. Mr. Glenn Feist was present and informed the Council he was representing his client, Mr. Cornell. The sewage plant proposed is designed to take care of the needs of both Carlsbad and Oceanside; the only thing they were asking is that the hearings be postponed in order that something can be worked out between the engineers; he fbZt this plant would be belhef&.ci to Mr. Hayes in the future; and he felt the pressure has been put on the City of Carlsbad by Mr. Hayes coming in and asking for annexation of his property. The Mayor informed Mr. Feist he felt the pressure had been put on this Council by Oceanside setting &heir hearing ahead of Carlsbad. Cmn. Lough asked Mr. Hayes if he were unequivocally opposed to the annex- ation of this 12 acres by Oceanside, Mr. Hayes informed Cmn. Lough if .. .. 4 this plant were a joint venture he would not be. Kr. Hayes asked Mr. Feist if he were .at liberty to say how this plant is to be financed. Mr. Feist informed Mr. Hayes his client would have t put up the initial cost and then any property owner who wished to use this plant would have to pay their share. Cmn. Helton asked Mr. Hayes if he would withdraw his request for annex- ation i,f they delayed the matter of annexation for two weeks. hlr. Hayes stated he would go along if he could be assured as to how the Council stood on the matter of this annexation; the question of financing this plant was not certain to him as yet, and felt that anyone enjoying the use of this plant would have to annex to Oceanside. After considerable discussion Cmn. Lough moved that the City Attorney i hereby authorized and instructed to prepare a lawsuit against the City Oceanside for the purpose of preventing their proceeding further with t annexation of the 12 acre tract included within the proposed annexation of "East Carlsbad Annexation No. 2.1tl. EXCEPTINGHOWEVEK, and unless, th City Council of the City of 0ceansid.e adopts a resolution or motion on or before 5:OO o'clock P.K., Monday, May 26, 1958, stating their intenk to continue their annexation hearing on the included 12 acres on or after June 11, 1958, and that the City Attorney is hereby requested to convey the interests and directions of the Carlsbad City Council' to the "' .City attorney of Oceanside. Seconded by Crnn. Ledgerwood. Five ayes, 4 an motion carried. 4 e u By proper -motion the meeting was adjourned at 6:.13 P.M. Respeatfully submitted, Deputy v City Clerk """"""""""""""""".""" MINUTES OF REGULAR MEETING OF CARLSBAD CITY COUNCIL .. May 20, 1958 1- The meeting ,was called to order at 7: 02 PiM. by Mayor Baird. Present besides the Mayon were Councilmen Ledgerwood, Helton, .Lough and Council woman Sonneman; City Manager NebSon and City Attorney Smith. 2- Invocation was offered by T. Bruce Smith, City Attorney, 3- The Council asked that the minutes of May 6, 1958 be corrected as folla Under Oral Communications the name of Mrs. Fred Lulk be changed to read Fred Luth"; and under Engineering, Item (4), the sewer problem on Junip Avenue be changed to llC1earview and Skyline". It was moved by Cmn. Ledg wood and seconded by Cmn. Helton that the minutes of May 6, 1958 be app ed as corrected, All ayes, , motion carried. Cmn. Lough requested the minutes of May 14, 1958 be corrected as to the statement made by him in regards to the reorganization plan wherein he formed the Council his company, stood ready and willing to offer any as tance to the City to read 'this company stood ready and willing to offer any technical assistance to the City on a gratuitous basis." It was mov by Cwn. Sonneman and seconded by Cmn. Helton that the minutes of May 14 1958 be approved as corrected. All ayes, motion carried. '4-WRITTEN - CORRESPONDENCE: a. Oceanside-Carlsbad Symphony Association. Letter from Oceanside-Carls Symphony Association was read, wherein they requested that $1,500,00 be appropriated in the City's 1958-59 budget for the association. It wa moved by Cmt.1. Ledgerwood and seconded by Cwn. Sonneman that the communi tion be filed, and that it be considered at such time as the budget is discussed. Five ayes, motion carried. b. Pe ed &ux&hv 0. Pennington - Snecia permit to OCCUDV a house trailer, A tition was presented from Mrs. Dorothy Pennington, wherein she reques that she be permitted to connect a house trailer to the sewer to en- able her to care for an elderly person. The Council was informed that i order to permit this request the Trailer Park Ordinance would have to b amended. After considerable discussion it was the general feeling of th Council that although they. were in sympathy with her problem, it this