HomeMy WebLinkAbout1959-01-20; City Council; Minutes6 l I' 8, '8 .' '\, '., -*,'
!CITY OF CARLSBAD I I \' '.,", " ', ',
:Date of Weeting: January 20, 1959
:Time of Meeting: 7:OO P.M. '.%$$+ '- *Q
:Place of Neeting: Council Chambers ;""~"~""""""""'""""""""""""~""""""""""""";"--------""",--~--"~--- ; Member $'@..pkQ d
:ROLL CALL was answered by Mayor Ledgerwood, Councilmen Gro-:
:her, Hefton and Councilwomen Sonneman and Coats. Also pre-i I::, :::I: I:
!sent were City Manager Palkovski and City Attorney Smith. : 1::;:
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~INVOCATIOM was offered by Councilman Crober.
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!Minutes of: CITY COUNCIL (Regular meeting) I ", \+, '\, \','\' 9 I
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I 1 ipPPR@VAL OF PlfMUTES : !
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j1959, were approved as submitted. 1 Grober : : ;x: : ;I* *
I (a) The minutes of the regular meeting of January 6, I Coats :x: :xi :
I i Ledgerwood I ; !x i 1, I ; Helton I :x;%; ;
I : Sonneman I : :x ; ;
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1 I!!*! 1 I (a) Glenn and Pearl Merrill - Property puchase request;
:Letter dated January 6, 1359, from Glenn and Pearl Merrill, i
I2737 Mesa Drive, Oceanside, submitting an offer to purchase;
!a portion of land owned by the City of Cerlsbad where the :
:reservoir on Nesa Drive is located. They offered $l,OOO,OO i
Ifor the purchase of the property. The City Attorney ilnf-6
ithe Council it might be wise to advertise for sealed bids. i
!By motion of the Counci F , it was agreed that the property i Coats
:be offered for sale by sealed bid and that no bid would be ; Grober
jaecepted in an amount less than SlOOO,OO, : Helton
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I t i Ledgerwood
4 : Sonneman
I (b) Carlsbad BOY'S Club - Reauest for waiver of build-: I
Ling permit fee. Letter dated January 9, 1959 from Robert i :L, Watson, Building Cornittee Chairman for the Boy's Club. ;
!of Carlsbad, fnc., requesting the City to consider the pass;
jibility of waiving the amount of the building permit fee, ;
;electrical and plumbing fee in the amount of $103.50. It i
!was mved that this request be granted, W the motion was ;
pithdrawn after the City Attorney informed the Council that i
:previously the Boy Scouts had been denied such a request, ;
!and in order for the Council to legally waive this permit,. i
jthe ordinance would have to be amended. By motion of the ; Coats
:Council, it was agreed that the request be denied. i Grober
I : Helton
* ; Sonmaman
kiated January 11, 1959 from Aleatha W.-Veughn setting forth ;
ithe legal description of the portion of her property she :
pesired to sea.1, and asking price, which included terms. I
she further stated that if this offer was not accepted in i
Swriting within ten days, her property must be immediately :
beleased from the Master Park Plan. After considerable disJ
Fussion by the Council, it was moved that the City Attorney {Coats
$e instructed to prepare a Xesolution of fntention, declar- IGrober
ling the Council's intention to delete the Vaughn property : Helton
From the Master Park Plan, and present the same to the i Ledgearwood xouncil for their consideration at the next regular meeting : Sonnenian
bf the Council to be held on February 3, 1959, t *
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t (c9 Aleatha V. Vaughn - Statement of facts. Letter i
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4 (dl Frank Smith - Purchase of property for Hoiida I park. Letter from Frank Be Smith, urging the City to ffnd I
%he means to purchase the small remaining land surrounding i
bliday Park in order to enlarge the park. By common
bonsent of the Council, the letter was ordered filed,
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I e * (e) Carfsbad Journal a Urging the City to request the i
battleship Missouri as a National monument and breakwater. i
tetter dated January 20, 1959 from Robert D. Garland, Pub- :
$isher of the Carfsbad h-1, requesting the City Council i
ko make an inanediate request to the United States Government:
kor the Battleship Missouri to be set up outside Carlsbad i parbox as a National monument and breakwater, Also enclosed :
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t was a sketch of how the Missouri could be utilized to pro-: ! vide a permanent breakwater at the harbor entrance. Mr. : ! Allen, one of the Harbor Commissioners, was present and i ::;I:
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i stated this matter had been discussed before and it was felt i:::: : it could be utilized as a breakwater as well as bringing i $1:; i revenue towards the construction of the harbor. It was :Coats
! this matter. The City Manager was instructed to write the Felton r: :x; : i necessary letters . :Ledgerwood i 1 i XI f
i model home. Letter dated; January 19, 19-59 from E. €1. Mc- ; i:: : Pherson stating the Scotch Construction Co. wanted to butt4 i them an all Electric home on their lot on Palm Avenue and i at i rent it for one year as a del home, They requested per- : ; mission to be allowed to use this proposed how as a model ! i!::: I home. Mr. Price, Secretary of the Planning Conmission i~as ; vi:; : present and informed the Council he had received a letter : ; from Scotch Construction Co. in which they stated they had i ii::i ; a program of using model homes fur branch sales offices : :;;:: i used exclusively for selling activities without secretakiat *lI:: ; personnel; office hours would be from 9:OO U. .to 9:OO P.M) ::::I I seven days a week; at periodic times kleig lighting ;souid ; : be used for evening promotions; modelhomeoffice would be i '18')
i staffed with a minimum of two sales persons and an approxi; :I;:: ; mate maximum of five; and a neon sign is erected at the i ;:;;: I street to direct traffic to the model home location. This : p:;: : sign is kept lit throughout the night. Discussion by the i :::'I (tI'Z ; Council was given as to the use of this property in a resi; i dential zone. Mrs. McPherson was present: and stated they :
; had visited a model home constructed by Scoqch Constructiod :::I: 1 Co. in Riverside, and just a hostess was present to show i ::;i; I the home. By motion of the COURC~~, it was agreed that if Coats ki !xi i : a letter from the Scotch Construction Co. were received, prober : 3 :x: ! i clarifying the use of the proposed model home so that such Helton : : :xi : : use would come within the provisions of Grdinance No. 9060,),edgerwood i I ix i i i the Council would give this matter further consideration. $onneman , 1 ;]";)x; II - i
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& (f) E. H, McPherson - Rectuestinz permi-ssion to bui1,d; :!I:;
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i moved by the Council that the City proceed to investigate Grober ;:I ;x: ;
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I (g) Letters from Mrs. Jeanette L. Lull, T. Virgil, i :Hazel Mordahl and Mrs. Maude E. Hildabolt, urkina the City ; i to take stea?s: toward the installation of a moper sewage {
:,system and drainap,e system, By cOTnmOn consent of the Coun-; i cil, these letters were referred to the Public Works Commi-I I ssion for their consideration. The City Manager was ins- ; ; tructed to acknowledge these fetters. I I I l a I ? I ORAL COEMJNfCATIONS :
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1 I PUBLIC HEARINGS :
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I 4 t t 4 ! c I L Reclassification from C-2 to R-3 of pror>erty 1oca-I
jted on the south side of Oak Ave. between Lincoln and Wash-:
;inp;ton Streets - Carl L. Brown. The public hearing was de-: jclared opened. There were no oral or written protests. L L
;Resolution No. 100 of the Planning Conmission was intro- :
! duced wherein they recomnended reclassification of said pro; i perty. It was the decision of the Council this reclassifi-l
!cation should be granted in accordance with the recomnda-:
;tion of the Planning Conmission. Resolution No. 483 was i i presented, announcing findings and decision regarding change
;of zone classification. By motion. of the Council,' Resolu- jCoats
ition Mol 483 was agreed to be adopted. : Grober
IHelton
i Sonneman . .
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IOrdinance No. 9003, amending Ordinance No. 9060, was pre- :
;senred for a first reading. By motion of the Council, it !Coats
!was agxeed that this constitutethe first reading of Ordin- :Grober. : ance No. 9093. iHelton
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I::!' i (a) Petitio_nfor paving of alley from Oak Ave. to Pine Av~. i between Hardinp, and Jefferson Streets. The Council was in: : formed that a petition had been received for the paving of ; i the alley, The cost of this project woutd be approximateis
i 9320.00; this would be a cash project by the property owne*. i Ey motion of the Council, it was agreed that the petition i Coats
I be accepted and that the City Manager be instructed to pro-:Grober i ceed with the work at such tine as the funds have been i Helton i collected from the property owners. : Ledgerwood
! (b) 1911 Act Proceedinps - RooseveLt Street - Assessment :
!pistrict No. 5-1958. The Council was informed the plans i I and specifications and the assessment district map for this:
f project had been completed. I
i #, Resolution No. 479, RESOLUTION OF THE CITY OF CARLS- i i BAD DECLARING THE COUNCIL'S INTENTION TO ORDER CERTAIW 1 4 : STREET IMPROVEMENTS AMI APPURTZNAHCES AND APPURTENANT \?ORK;I i DECLAR1P-X THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY : : PUBLIC 3ERZFIT; DESCRIBING THE DISTRICT TO 3E BENEFITED i hats i AND TO BE ASSESSED; DETERMINING THAT BONDS SZJd3,L BE ISSUED : Grober : TO REPRESENT ASSESS~NTS TO BE LEVIED; ARD FIXING THE TIME i Helton i AND PLACEFFljR H%MING, AND GIVING WTICS THEREOF, was : Ledgerwood : adopted. I Sonneman
: (c) 1911 Act Proceedings .I Juniper Ave. Sewer Assessment i i District No. 2-1958. The Council was informed the Assess- i
:mnt Roll for the Juniper Avenue Sewer project had been ; i filed. with the City Clerk. Resolution No. 480, directing i
ithe City Clerk to give notice of flling of the assessment : I and f ixfng time of hearing, was presented Eo the Council fot
:their review. By motion-of the Council, Resolution No. 480;Coats i was adopted. ! Grober
I t i Sonneman
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I : Ledgerwood
I i Sonneman i (d) 1911 Act Proceedings --Elm Avenue Lighting. District. i :The City Attorney informed the Council that an error had ; i been made in the legal description of Parcel #6 included in:
Ithe assessment district, which will not effect the cost ;
;assessed against the property, and that he had prepared a : i resolution to correct this description. Resolution No. 486 I
:was presented to the Council, declaring an error in assess-!
jment roll to direct the City Clerk to give notice of inten-:
;tion of the City Council to make a correction in said
fassessment, and €ixing a time of hearing. By motion of rhejCoats
iCounci1, Resolutian -No. 486 was adopted. ;Grober
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I : Sonneman I
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l!?l 1 . i (a) State Water Rights Board .I Renewal of Permit #5228, I
:The City Aitorney informed the Council that on er about the:
;fSth day of November, 1958, the City received applica+ion ;
!to, renew permit #5228. At that time it wag belied this i
japplication and permit related to a previous zpplication ;
:and permit that had been given to the Carlsbad fiutual Water:
:Company to construct a dam at the BonsalF Narrows, and the i
:Council adopted a motion to not renew this pernit. However4
:on January 7th. the City was informed that this permit rela3 i ted to a permit to divert 750 acre'tfeet of water per year i
:from the Mission Basin, and this permit should be renewed, ;
!A resolution had been prepared to rescind the former action i
:of the Council. Resolution No. 485 was presented to the :Coats
!Council, requesting extension of time to complete benef iciaSGrober
:use under water right permit. By motion of the Council, ;Helton
!Resolution No. 485 was adopted, ;Ledgerwood
I :Sonneman
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i The Mayor declared a recess at 9:lO P. M., The meeting i li'li
i reconvened at 9:25 P.M.. I t ;:#I; I :I:;(
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1 I 1. Tentative Map of Linmar Subdivision, The tentative mad i was presented for the Council to review. Resolution No, I : 101 of the Planning Conmission was presented recommending ; i approval of the tentative map of Linmar Village subject to i I certain conditions. Resolution No. 484 was presented for : ; the Council's review approving the tentative map of Linmar i
i Village in accordance with the recommendation of the Plannl; i ing Conmission. BY motion of the Council, &solution NO. I Coats : 404 was adopted. : Helton
I i Grober
I : Ledgerwood
I i Sonneman
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I ' I : 2. Reclassification of property located on the west side : i of Roosevelt Street just north of Grand Avenue- Albert E. i : 1- Stein. At the previous meeting the Counci;t granted said i : reclassification and instructed the City Attorney to pre- i
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I!!* i pare the necessary documents. Resolution No. 476 was- pre- i Coats ; santed, snnouncing findings and decision regarding change i Grober : i ;xi i of zone classification of certain designated property from i Hellion ;x: :x: : Zone R-P to Zone C-2. By motion of the Council, Resolutioq Ledgerwood i i !XI i No. 475 was adopted, : Sonneman ; : ;x;
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I I i a i Ordinance No, 9092 was presented for a first reading, : amending Ordinance No. 9060, changing certain designated i i property from Zone R-P to Zone C-2. By motion of the ! Coats ; Council, it was agreed that this constitute the first i Grober i reading of Ordinance No. 9092, : Helton
b : Sonneman
:3. - Vacation of portion of Carlsbad Blvd, n State Beach. i i At tke previous meeting, by motion of the Council, the
:Council granted vacation of a portion of Carlsbad Blvd., i i and instructed the City Attorney to prepare the necessary i
:document. Resolution No. 481 was presented, finding a porn; i tion of Carlsbad Blvd. unnecesszry for present or prospec- I
:tive public street purposes; vacating such a portion of ; i Carlsbad Blvd; and ordering Clerk to recoed a certified i
:copy hereof with the County Recorder of San Diego County. ;
iBj+.motion o€ the Council, Resolution No. 481 was adopted. :Coats
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1 i Grober
$ i HeZton
I I Sonneman
I : Ledgerwood
:4. Master Eivic Center Plan - Deletion of Zahler end Lamp-: i ton property. The City Attorney reviewed the previous pro-!
lceedings in this matter with the Council. By notion of the:Coats
icouncil, the City Attorney was instructed to prepare the !Grober
jnecessary documents to delete the Zahler and hmpton pro- :Helton
;perty from the Master Civic Center Pian. :Ledgerwood
1 : Someman : HARBOR : 8 :-
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!I. Rewest for Tournament Sanction Agua Hedfonda Lagoon, i
jPllemorandum dated January 13, 1959 from the Harbor Comnissio$,
;recormending the City Council grant exclusive use of the :
iAgua Hedionda Lagoon on Sunday, February 15, 1959 from
:8:00 A.M. to 4:OO P.N. to the Cartsbad and Escondido Boat i i and Ski Clubs for the purpose of canducting an open sixty i
:mile marathon boat race. By motion of the Council, the !Coats i request was granted. :Grober
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:2. Appointment of Rarbor Commissioner. Cmr. Allen from isonneman
I :Ledgerwood
fthe Harbor Commission was present and requested this matter i
:bedeferred until after the next meeting of the Habor C0mi-t
jssion in order that they might submit a recomnendation for :
:the Council to consider. Bly cormon consent of the Councilf
ithe matter was deferred until the next meeting. 1 e I * I I I k
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I 1""""""""""""""""""-"""""""""""""""""" i HEW BUSINESS:
i 1. Resolution of AppreCfation No. 452 - Carl L. Lough.
! RESOLUTION NO. 482 WAS PRESENTED, STATING APPRECTATION TO
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!l::l : CARL L. LCUGH FOR SERVICES P,EhBE-?,ED TO THE CITY OF CA2LS- i i BAD AS CITY COUNCfLNAR AND AS MAYOR. By motion of the : Coats i Council, Resolution No. 482 was adopted. i Grober
I i Heltan
I : Ledgemood
I i Sonneman
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I i 2. Ordinance No. 8030. Adoptiw 1956 Electrical Code. i : ORDINANCE NO. 8030 WAS PRESENTED FOR A FIRST READING BY ! i THE. comc IL, ESTABLISHIHG REGULATIONS FOR THE INSTALLATION: I ALTERATION AND REPAIR OF ELECTRICAL WIRING AMI APPARATUS; i i PRCVIDSNG FOR THE ISSUANCE OF PERWITS AND COLLECTION OF : : FEES THEREFOB; PROV'IDING PENALTIES FCZ VIOLATION TWE;IEOF ; i : AND REPEALING ORDXMAMCE F30. 8010 AND ALL O"HE3 ORDINANCES : i IN CONFLICT HEREWITH. By mot ion of the Council, it was i Coats i agreed that this cbnsfitue the first reading of Ordinance ; Grober ! No. 8030. i Helton I 4
I I ; Ledgerwood
I i Sonneman i OLD BUSINESS : I
i I. Becond reading of Ordinance No. 8009, ORDINANCE NO, ! : 8UO9, REGULATING THE ERECTION, CONSTRUCTION, ENLARGEViNT, i i ALTE:IATICN, DEPlOLITIOJ!!, OCCUPANCY, EQUIP&IEb!T, USE, HEIGHT, i
! ARZA, AND MAINTENANCE CF BUILDINGS OR STRUCTURES IN THE ; i CITY OF CARLSBAD; PROVFDIMG FOR THE XSSUAhTCE CF PERMITS 1 ; AhQ COLLECTION OF FEES "€EREFORE; DECLARING AND ESTABLISH-: ! ING FIRE DISTRICTS; PROVIDfNG PENAL,TIE§ FOR TEE VIOLATION i
I .APICES X$!' CONFLICT THEREWITH, was given a second reading by I i the Council, By motion oe the Council, Ordinance No. 8009 ; Coats ; was adopted. : Grober
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: THEREOF, AND REFEALrHG ALL O?tDIklAE?CBS AND PARTS CF ORDIN- i
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: 2. City Seal. The City Yinager informed the Council that.!
i I ; Sonneman
: 20 entries had been received for the City Seal. After ; i considerable discussion by the Council, the design submit- i I red by A1 F. Rinehart was selected as the winner. Further ; ; diseussion was given as to a trophy being presented to the i i winner. By motion of the Council, it was agreed that funds; Coats ; be appropriated for a trophy to present to the winner, sai4 Grober : funds not to exceed $25.00. The Council instructed the ; Eelton i City Nanager to make arrangements for all of the entries I Ledgerwood i to be exhibited for public view. : Sonnetnan
I I I i 3, Policy for water service outside City limits. TheCityi ; Attorney presented orally a proposed policy for water ser- i 5 vice in accordance with pertain obligations assumed by the ; ; City through the purchase of the Carjtsbad Kutual Water Go. i i and the Terramax Water Co, After considerable discussion ; : by the Council, the City Attorney was instructed to prepare i the policy in final form and present it to the Council for : : their review at the next regular meeting of the Council. i
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r : 4. Full Time City Attorney. In looking forward to the i i next fiscal year, the City Attorney suggested that the Citg : Council consider a full time City Attorney; due to the i i growth of the City he felt it warranted a full time City : i Attorney as a part time City Attorney cannot do justice to! ; the work presently required. He felt a full time City : i Attorney could be employed at a salary ranging between i : $650,00 and $800.00 per month, He further stated that he i i would not be interested in the position as he could not ; : afford to give up his private practice; however, he felt i : an obligation to the City of Carlsbad, and would like to ; i be retained on a consultation basis until such ,time as the I ; new attorney is able to take over. The Nayoro informed Mr. i , i Smith this matter would be taken into corrsideration at : such time as the budget is considered. :*..
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: MANAGER'S REPORT: ~""""""""""",""""""""""""""""""""""""""~""""""""" "" "- I I ;;tt' '1:
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t 1, Santa Fe Railway Station. Ths-Manager informed 1 ::;:: i the Council he had written letters to the various agencies! :;'::
;lvl : regarding the closing of the station, and received a reply: iiii! i that the closing of the station would be held in abeyance,: '1 1;
i and if they chose to pursue the matter, a public hearing ; :;pI ::;I: i would be held. I I;::;
1 i:::; i 2. Chestnut Avenue Improvement. The general feeling of i ;:I
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: the yropefty owners along Chestnut Avenue is that Chesnut ; 1111+
It*:; i Avenue should be improved with gas tax funds the same. 8s i :i:::
i 'Elm Avenue was imprtived. If gas tax funds were used, it : ;1:11
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: would cost approximately $110,030.00 to improve Chestnut i la;; i Avenue from Monroe Street to Pi0 Pic0 Drive. It was I ;p: : suggested that perhaps sidewalks only could be installed. I I It ;:; i The Council requested that an estimate be submitted as to : I;*:;
! the cost of just sidewalks from Pi0 Pic0 Drive to Monroe i ::p: :;;:: i Street. I /:I::
1 I I 1';;; i PAWENT OF BILLS ANI RATIFICATION OF PAYRCLL: I ::,,I
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I By motion of the Council, authorization of payment of bill? Coats j::h ; :":xi :
! for the Water Department from January 7, 1959 to January ; Grober I ; !xi i i 20, 1953 in the amount of $13,816.17, as certified by the : Helton 1 ; :x; i i Director of Finance. and approved by the Auditing Commifteej Ledgerwood ; j: !xi i 1 was given. : Sanneman jk.: ;x ; I
I I :::I1 I1 i By motion of the Council, authorization of payment of bill? Coats ; ix;xi :
! for the general expenses of the City from January 7, 1959,i Grober ; : :xi i i to January 20, 1959 as certified by the Director oE Financt Helton : 4 :x; : : and approved by the Auditing Comittee was given. ! Eedgerwood : ; !xi i 1:
: BY motion of tlie Council, ratification of the payroll for i ;:p; 1::
{ the first half of January, 1959, in the amount of i C03$8 ;x: :xi I : $11,807.33, as certified by the Director of Finance and i Grober * : :xi ; i approved by the Auditing Conmitee was given. : Helton J i {x: 1
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i By motion of ttre Counci 1, the Nayor declared the meeting .4 Coats ; ; :xi ; adjourned at 11 :45 P.M. t Grober :xi 1%:
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{ Respectfully submitted, ; I Sonneman i i ;xi
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