HomeMy WebLinkAbout1959-09-01; City Council; Minutesv4
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CITY OF CARLSBAD 1 Minutes of: CITY COUNCIL I I '8, '\\ \\\ 8, 8, \ d Date of Meeting: September 1, 1959 I 8 ',Q' '.,'.& Time of Meeting: 7: 00 P, M, Place of Meeting: Council Chambers I Member .$$@.*%$
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ROLL CALL was answered by Councilmen Grober, I 1::
City Manager Palkowski and City Attorney Hayes. I I !l!!l
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Someman$ McPherson and Coats. Also present were 1 ;:: ;:
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I The meeting was called to order by Vice Mayor I ;:/I ! Sonneman. I I :::::
I 1 1:;:: ! I I ;1;;1 ::'I: I INVOCATION was offered by Councilman Grober.
I 1:::: i APPROVAL OF MINUTES: p:;;
I : Sonneman , i : :xi :
I 1. Minutes of regular meeting of August 18, 1959 i McPherson: : :xi i
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I I I I i Grober : jxix: ;
I were approved as submitted, except voting Page 8. : Coats 9: :x; i
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I 11. I i CORRESPONDENCE:
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::!I: I i 1, Letter from the Sign Committee in which they recom-:
I mended that the sign located at the south end of the City i :; 11 l1 i near the Solamar Trailer Park be removed. The City : : Manager informed the Council that Mr, Fair, owner of i )VI ;;It; i the Solamar Trailer Park had requested this sign re- I I I :;I:: i moved; upon investigation it was found that the sign is i I:::; : located on Mr. Ecke's property and belongs to him; The i 11:11
1;::: i City of Oceanside pays the power bill; the purpose of the : ::1:1
; sign was to direct traffic to motels, etc. in the Carlsbad i :'I i and Oceanside area; Mr. Fair has complaimc * of the I :;I:@
: lights bothering his tenants, and, as he is contemplating : ::;;i i more development of his trailer park, this sign interfere+ :I::: :I::: : with the development of his property. Mr. Ecke does not I ::I:: i want the sign removed as he feels an obligation to the : :::::
t community. Mr, Ecke has stated that he would be willingi ::i:;
i to compromise by having the lights turned out at 9:OO P. Mt :;e:: :;:::
I After considerable discussion it was suggested that a i 1f;:l i:;:; i letter be written to both the Carlsbad and Oceanside I I
f Chamber of Commerce to get their feeling on the matter. i Grober i ; :x: ; ::::;
i By motion of the Council the City Attorney was directed : Sonneman I : :xi : ; to write a letter to both Carlsbad and Oceanside Chamber i McPherson I :xi x: i I of Commerce requesting their feelings on the matter. : Coats ;xi :xi :
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I I 2. Letter dated August 26, 1959 from Schwabacher & Co, : investment securities, that due to the passage of the : recent water bond proposal, they would be pleased to pro- ! vide the necessary service to secure for the City's i Taxpayers the borrowing economies a'vailable through : professional planning and marketing of the authorized I bonds. The letter was ordered filed.
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8 I:;:: Ill ::::: I;;:; Grober ; !xi xi ! Sonneman : ; :x: i McPherson! i :xi i Coats Ix: :x; I ! 8,.
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I I : 3. Letter dated August 25, 1959 from the Buena Vista : i Lagoon Association, thanking the members of the Council i Grober i i ;xi i I for their cooperation and financial assistance in helping i Sonnernan ; ; i x: : ; to control the mosquito menace, By motion of the Council: McPherson i :x: xi i ; the letter was ordered filed. i Coats :x; i x: f
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I I 4, Letter from Paul Ecke regarding the northerly route i of the proposed Palomar Road, in which he requested : the City of Carlsbad to write a letter to the Board of I I Supervisors stating that he is willing to deed the neces- I sary right of way for the northerly route to the Palomar i Road. The City Attorney advised the Council she had I attended the hearing at the Board of Supervisors today; : their primary concern is that they will be setting a precej dent by construction of a road within city limits. She has : been working with the Kelly Estate this past week and : they are willing to give a right of way to the northerly route; Carlsbad Properties, kc. have already given an easemen! for road purposes along the northerly route. With the : Consent of the Council she would like to write a letter i to the Board of Supervisors and advise them in writing i that the City will obtain these rights of way, and request ; them to furnish the City with a description of the route : in which they wish to construct this road, It was: her i
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: feeling that there is a very good chance they will decide i ;I;;! i on the northerly route, however, the matter was referred: Grober ; i x: 4 : :::b
; to the road department, The City Attorney was instructed Sonneman : : i $ i i to write a letter to the Board of Supervisors in accordancb McPhetsonj ; : 4 ; ; with her suggestion. ': Coats :x; :x: i
I !l:!l I I 5. Letter dated August 17, 1959 signed by four members; : of a committee formed for the purpose of finding out : : I, exactly what the bond issue will accomplish for Terra- i : mar and the southern Carlsbad area in general, They : i requested detailed information regarding plans and costs i I for public inspection a;zd modification if necessary. I
I Cwn. Coats stated she felt the people of Carlsbad were i i entitled to know how the City is going to spend their I : money, The City Engineer stated we have a report that : i was prepared by Boyle Engineering Co; the most presshi : need at this time is in the area of the Agua Hedionda i 1 Lagoon, as there are approximately 1000 lots waiting : : to be developed, I
i MR, ALLEN KELLY stated that the people who have the i : 1000 lots are thinking of a larger district; he is interested i in this area and is willing to wait if we can form a larger i : district. I
I MR. CARL LOUGH, 5157 Shore Drive, stated that Mr. ; i Kelly is not in the Terramar area and is not a qualified : : voter within the city limits; some of the recent objections: I are from some of the undeveloped area to the south. Mr,; ; Lough further pointed out some of the reasons the Brown i : and Caldwell report were not fersible. He felt it was : i too bad that some of the promoters are not interested in i : the good for the City of Carlsbad,
i MR. BILL NETKA stated that discussion was being give4 I to a matter far in the future. He had signed the petition : i in good faith and had circulated the petition in the Terra- i I mar area, and was asked some very specific questions i : which he could not answer - when are we going to get : i the sewers, how are we going to get sewers and what i : method is going to be used for financing these sewers? : i These people are entitled to this information, and if they i : do not get this information, he felt the issue would be : i defeated at the next election greater than before. :
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l!!l I I i MR, MAX EWA.LD informed the Council he had attended i : several meetings regarding the bond issue, and he wishe9 i to compliment the council on their action at the last 11; : meeting wherein they ordered the present plart rehabili- ; ::;I I tated; he felt the people were getting confused on the I :11:
i imm&Iiate Reed and the ultimate need for sewers, and : : I ;.: i that we are going to have to look towards the Rann Report: :::: ; which was repar d by the County, ;:I; INSERT: (See%age 75 I 4 I ;::: ; After considerable discussion by the Council it was agreed Grcber : !xi 5
t that a letter be sent to the Committee, thanking them for : Sonneman : : ; x; i their efforts and interest, i McPhersoni / i X
; Coats :xi :xi
: 6. The following applications for sewer connections I
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I i were submitted 'to the Council for their review and I I 1;:; l(1l
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John H. Grant B. F, BinJsley Mr, and lMrs, Donald Pfafflin Robert L. Wardin Army and Navy Academy Guaranteed Homes Gregory W . Losa
t I I I I I I b t i Grober i Sonneman : McPherson i Coats
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: There were no oral communications. *I
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! I : A short recess was declared at 8: 10 P, Me The meeting i i reconvened at 8: 20 P. M. I I I I
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The City Manager advised the Council that Dr. Pomeroy ! r:f;
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was present, and a proposal had been submitted by the i 1:'I
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firm of Pomeroy and Associates, Civil and Chemical I :::;
Engineers, for engineering services for the rehabilita- : :'I, I:;*
:@a: tion and enlargement of the existing plant, design of a i :it1 new ocean outfall, design of a new sewage treatment : plant to be located near the Agua Hedionda Lagoon, and i !:*I
I:;:. an economic study of a gravity sewer versus a pumping : :;::: station and force main to serve the south coastal parts I 1::
of the City, and the design of any contemplated sewer ; :;It' * t' ;
!:::I plants. They further set forth three methods of corn- i ;:::; puting their fees for the above work - hourly basis, per-: ;SI:: centage basis based on the cost of the project and stated i :::I;
1;4; as a lump sum, or on a percentage of the cost of the ; ::i:; project; however, in any of the schedules a maximum i ::;:; fee limit would be established, It was pointed out that i ;;a:;
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sider, ' The Council was advised that due to the time I ::::I
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element, that only one firm was able to submit a propos 4 i:lil
at, The City Engineer recommended the firm of I 1:at;
Pomeroy and Associates. The question of how much thid report would cost and how it would be paid for was dis- i cussed, The Council was advised that it would cost approximately $25,000, and the funds would have to corn+ 1;;: from the contingency fund until such time as the bonds : passed, or in the event the bonds did not pass an assess: ment would be levied on Assessment District No. 2. The 1::: City Attorney suggested that a committee be appointed i to work out contract details with the firm of Porneroy : :i::; and Associates if they chose to hire this firm. After i considerable discussion by the Council it was agreed ; that a committee, consisting of the City Attorney, City : *11;1
Engineer, City Manager and the Director of Finance be i Gmber !x i !x{ i appointed to work out the details of a contract with : Sonneman : : !x: I Pomeroy and Associates under the terms of their first i McPherson i !X ;x! ; proposal for the meeting of September 15, 1959. : Coats ; i pi :
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I 1.1 I i Cwn. Coats requested that each member of the Council i : receive a copy of the contract prior to the meeting of ; I September 15, 1359. I *
I 1 I I PLANNECG:
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I * t 4 ! 1. Removal of refuse from beach areas on lagoon. : I'deriiorandmci from the Planning Commission dated I i August 28, 1959 requesting that the City Council take I : appropriate action to corn-pel boat landing operators to ; ! police up and keep clean the beach areas in the inner and I : middle lagoons, and in view of the fact that these boats : I can only be launched from the presently licensed boat i i landings, it is the opinion that operators of the landings I ; should be responsible for keeping the area clean. The ! i City Manager advised the Council this area has recently : : been cleaned and that litterbug signs have been installed. i
I Cwn. Sonneman asked if any further consideration had : ; been given to the licensing of boats, The City Manager i : advised the Council this matter was referred to the f I
- i Harbor Commission, but that due to illness and vacations i : they have not had a quorum. The Council requested that ; i the members of the Harbor Commission be contacted in i I order to arrange for a meeting. I I
: MR. GLISSMAN, one of the operators on the lagoon, I stated the signs have been installed on the east side of : I the freeway, but that the signs just state "No Litterbuggin4
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I I 911.1 . !I*!l 1 i and the Ordinance No. 'I, He felt the sign should state I ;*I;;
:::;I : the amount of fine imposed. The Police Department does: :::I: i nct feel they can go into the Inner Lagoon without writing I 1:' ;;I : a ticket, The Chief of Police was present and advised 1 ::I:; i the Council the City has no lease on the Inn& Lagoon and i :::;I ::pi : therefore has no jurisdiction, The people who use the ; :':I:
: cussion was given as to having no 'trespassing signs I 1 +I; ;l:tl
: panies, such as the Gas Company and the Santa Fe, I I 1::;; :*I:; I would not go along with signs being posted. I :::;,
I ::; ! Mr. Glissman also informed the Council that the South : :::;; :i I side of the Inner Lagoon was being used for a dump. The; ::::I ; City Manager advised the Co~llciI he would r'oli.>w this ; ;+:: i matter up. I , 4::
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8 Ill i 2. Engineering request for proposed Elm and Tamarack i 41;; :::I; : extensions. Memorandum from the Planning Commissiot$ ::::; i was read, wherein they requested that the Engineering i !:PI :::::
; Department be directed to establish center lines and i grades for the proposed extension of Elm Avenue and i :I,:: I Tamarack Avenue, and that the purpose of having such !
i telligently prepare tentative subdivision maps in com- : : pliance with the Master Plan. They further requested i Grober :x! i 2 i i that Elm Avenue have priority, It was agreed by the ; Someman : : ; + : ; Council that due to the fact that we do not have sufficient i McPhersonj i i X i i funds for such projects that this matter be tabled. : Coats ; ;x: 4 :
I 1 11; ; ENGINEERING:
: 1. Copy of a letter dated August 18, 1959 from Duncan i ':i:i I Hardesty, he,, addressed to the City Engineer of I I ::I:; : Oceanside, requesting permission to connect to the i Oceanside Sewer System, said property being located i Grober : ix !x: : ,111: i and being a part of the East Carlsbad Annexation No. 2.1,: Sonneman I : ;xi : ; It was the decision of the Council that since this letter i McPherson ; I !xi i i was only a copy, that the fetter be filed. : Coats + i :x: ;
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I Inner Lagoon are tre spassing on privdte property. Dis-i rii;:
i posted, and the Chief of Police felt that the large& com- i 1:;::
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I i 2, Letter from John R. and Esther Barreiro, stating :
; that approximately one year ago they entered into an I i agreement with the City of Carlsbad, wherein they de- I : posited the sum of $1,954.98 for the purpose of allowing ; i the City to conatruci a sewer extension on Birch Avenue I ; in order for them to connect to the public sewer system, ; i and at such time as that particular 19 11 Improvement I : Act proceedings known as Assess. Dist. No, 3-1958 was ; i farmed their property would be included in the district, : : They agreed to pay their proportionate share in the distri&, i and the City vas to refund all monies that exceeded their i : proportionate share, As this improvement has not been : i completed they requested a refund of their monies. Mrs. I : Barreiro was present and advised the Council they were : i willing to leave on deposit an amount sufficient to cover i i their share of the cost under the assessment, but felt : : they should be refunded the balance of the money on I i dep0sj.t.
! MR. DQM PREST, stated that some 18 months ago a : petition for sewers on Clearview was presented to the i i Council and notking has been'done since. He has called ; : at the City Hall on several occasions, and has phoned i I almost weekly wanting to know when they could expect i : sewers in that area, 1
i Mr. T, Bruce Smith, former City Attorney, advised the i ; Council that at the time this petition was presented the i r Council felt that Skyline should be included in the same : : district, and Assess. Dist, #3-1958 was started; howeveri 1 in order to run sewers to clearview certain easements :
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I 1 i had to be obtained, and to date we have not been able to i *I 1::; i obtain these easements. 1 1 :;:I 1;
i MR. DON PREST informed the Council that the people i
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I ! After considerable discussion by hhe Council, by motion i Grober i ; l
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:X: i of the Council, the City Attorney was instructed to com- : Someman ; : ;xi ; mence condeljanation proceedings immediately, I McPherson : !x !x: ~
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I I I i The City Attorney informed the Council that in accord- I i ance with the contract she did not feel that the Barreiros i : were entitled to a refund at this time. I I I I I
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l!!l i 3, Approval of final Map of Brentwood Village. The I ;;;;
l 4:; i finaf. map of Brentwood Village was presented for the : Council's review. By motion of the Comcil the final I I!Il I :l': i map of Brentwood Village was approved, and the City .! l:;l Ill: : Clerk authorized to sign the final map at such time as an I Grober : ; :x; i improvement agreement had been entered into between : Sonneman i J ;xi : the City and the Subdivider and proper securities have i McPherson ; i xi x: i been posted by the Subdivider, : tcxrts '* $: :xi
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1 1- I ,;a: i 4, Approval. of final map of Woodland Heights. The final I I:::
; map; council : ;Ill I: i for their review. By motion of the Council the final map i 1'11
: of Woodland Heights was approved, and the City Clerk I 1::: 1: i authorized to sign the final map at such time as an im- I Grober i I i x: i provem.ent agreement had been entered into between the : Someman : i ; 4 : City and the Subdivider and proper securities have been i McPhersonix I i 5 i posted by the Subdivider. : Coats I :x:x;
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L I.. I I I I 5. Chestnut Ave, Sewers - 1911 Act - Assess, Dist, I I i No,'m59, Ti'. Eruce Smith, Attorney for the project i i was present and infermed the Council the work had been !
; compl.eted and the Engineer of Work was ready to file i i his assessment. The following resolution was presented : I for the Council's review:
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I!*l I Res. #582. k RESOLUTION OF THE CITY COUNCIL i ;;:{ i OF TEB CITY OF CAMSBAD, DIRECTING NOTICE : ;::a
: OF FILING OF ASSESSMENT AXD OF TME TIME AND! Grober : !xi xi i PLACE OF HEARING THEREOF, Assessment District i Sonneman i : : x; ; No, 4-1 959, was adopted by title only, and further : McPherson: I i xi i reading waived, : Coats :xi ;x:
i TJEW BUSDTESS: I I :;;:
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I a, The City Attorney presected the City Clerk's a I I I 4 i certificate Re petition requesting submission of bond
I proposition, wherein he stated there were 461 names on i i said petitions, 1
: Councilr s approval: I
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I b, The fol!.owing resolution was presented for the I
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1 I ;i:* i Res. #583. RESOLUTION OF THE CITY COUNCIL OF i $4
1 m OF CARLSBAD, CALIFORNIA, DETERMIN-I I;;: i ING THAT THE PUBLIC INTEREST AND NECESSITY : ;:::
: DEMAND THE ACQUISITION AND CONSTRUCTIQN OF i Grober ; i i x: ::::
i A CERTAIN MUNICIPAL IMPROVEMENT, AND : Sonneman 1 : :x! : MAKING FINDINGS RELATING THERETO, was adopted i McPherson i !x: x: i by title only and further reading waived. : Coats !x: I x;
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I c, The following ordinance was presented by the : ! City Attorney for the Council's review: I
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X?? .Q \.b. .t'+ 8 : Member \%@.$\O'\d ~,,,,,",,~",,,,,,,,,,,,,,,,,,,,,,,,,,,"*""""""""""""-""""~"~"""""--:--~-~--~-:i 4,. m I i Ordinance No, 1068. AN ORDINANCE OF THE CITY i
f ~O~%&%B%3c%JD GNZNG NOTICE OF A SP2CLRf 1:::: : ELECTION TO BE HEfD IN THE CITY OF CARLSBAb I ON THE 13th, DAY OF OCTOBER, 1959, FOR THE i : PURPOSE OF SUBMITTING TO THE QUALXE'ZFD
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I LTFBRNIA, ORDERDSG, CALLING,! ::;::
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I VOTERS OF. SAID CITY A PROPOSITION TO INCUR i t;rober ' i ; :x! ; fi::gt
i BONDED INDEBTEDNESS BY SAID ClTY FOR A I Someman : i :xi i : CE'RT~ MUNICIPAL LMPROVEMENT, was given a I McPbrson': $!x: i i first reading by the Council. : Coats p: ;x{ ;
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1 d. Letter dated August 24, 1959 from OIMelvexy and! ;::
::I;: i Myers setting forth their fees for handling the proposed i :;:It : bond issue was read and discussed, By motion of the : Grober :x i I x\ ; 1'';;
i Council it was agreed that O'Melveny and &Myers be : Someman ; i ;x: i : employed to handle the bond issue in accordance with the i McPherson; * ;xi : I terms set forth in their letter dated August 24, 1959. i Coats :: l ;xi x; ;
! necessary for the Council to employ a firm to handle the : Sonneman : : :XI ; I electioa By motion of the Council the firm of Martin & i McPherson I !xi x: I : Chapman was employed to handle the election procedure. : Coats
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t e, The City Attorney advised the Council it was i Grober ; ; :x: ;
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I i CITY ATTORNEY'S REPORT:
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I 8 : The City Attorney presented a copy of a letter that she : i had written to the Los Angeles Board of Supervisors * I i regarding Frank Bonelli's bill for District reapportion- : : ment, stating that the City Council of Carlsbad disagreed i i with this bill. I
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I I ! i San Luis Rey Water Suit, The City Attorney advised the i : council she had received a call from Mr. Eagstrand, 8 I i attorney for the City in the matter, and he was anxious i : to meet with the City Engineer, City Manager, City I i Attorney and the Mayor this coming Thursday, to further i : discuss the water suit. As the Mayor was on vacation, : i Vice Mayor Sonnemm stated she would be unable to attend# I and would like to have Cmn, Grober attend in her place. ; ; It was agreed that a meeting be set up for 300 P, M. I i Thursday: September 3, 1959. I
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l:!l! i CITY MANAGER'S REPORT: t :ii:i
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& 4 ::::I : Draina e Ditch. The City Manager advised the Council i :::I, ! dy could proceed with the drainage ditch, ; :;;:I :::i: i it was necessary to procure an easement over W* Harry i ::::: : K.regpst property; he had taken the liberty of offering t i;;:; i Mr. Krepps $1,000 for this easement and installation of i :I,', ; a cyclone fence along the ditch crossing his property; /;:;
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lI'4: I however, Mr. Krepps wanted $2,000 for the easement, i ;:::I : $500.00 severance, and $600.00 for relocation of his t t ;::;: 1 garage. Also he would like a cement block wall instead i ;:i:: : of the cyclone fence. After considerable discussion by ; ::!I: j: 8;
I the Council, it was felt that an open ditch would not be i :::ti i satisfactory so near a residence, and it was suggested ; ;:::I i that the drainage be put underground for the distance of I ;::I: I Mr, Krepps' property, The City Manager informed the : : Council that if this ditch were installed underground for i 04:. ::,I:
i that distance that it would cost approximately $5,000 * 8 :;::;; 1;4;!
{ the City Manager, City Attorney and City Engineer be ; Sonneman : ' :xi : 1 ; instructed to negotiate with Mr, Krepps for an easement i McPRerson ! i !xi i I' ~ i on the basis of an underground drainage, : Coats k; :x: ; ,
;l:ll< [ The City Engineer informed the Council that the work in / :::::. ; the Ehgineering Department had increased to a point that ; ;::1:1
I it was necessary to have a fUll time secretary, He re- : ;::;:I I quested that this position be reinstated in the budget. The! 11 t4:i; ; City Manager advised the Council that if this position wer4 ;:::;:
: approved $2,742, for salary, and $400. for desk and 4 I 14;::;
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; additional, By motion of the Council it was agreed that i Grober : :x$: ; i
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i. -. :::I ti :::: I, i typewriter would have to be transferred. from the con- ; i tingency fund. It was agreed that the position of Secretax$ Grober !x i ; xi : for the Engineering Department be reinstated in the budgei,Sonneman : ; I xi i and that $3,142, be transferred from the Contingency Fun? McPhersod : i x; : to the Engineering Department. : Coats : :xtx: *:;I iiii i PAYMENT OF BILLS AND RATIFICATION OF
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s i :.i I i Authorization was given for the payment of bills for the i 1::; i general expenses of the City in the amcuQt of $4,369,31, : Grober i I i x! :: from August 19, 1959 to September 1, 1959, as certified i Sonneman : I :x: i by the Director of Finance md approved by the Auditing ; McPherson I ixi xi ; Committee. i Coats :x 1 :x:
I(I( i Authorization was given for the payment of bills for the i ;e::
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I :* i Water Beparbent in the amount of $14; 026.97, from ; Grober : : :xi
i the Director of Finance and approve3 by the Auditing ! McPherson i !xi x; : Committee. i coats 2c; ;xi
I Someman ; ; :x: : certified by the Director of Finance md approved by the ; IdcPherson ; :x; xi ! Auditing Committee. i Coats ki ;x:
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: August 19, 1959 to September 1, 1959, as certified by i Someman .I : i :xi
i Ratification of the payroll was given for the second half i Grober :; : ~ i of August, 1959, in the zmowt of $12,271,62, as i xi
i ADJOURNMENT: I I ;: ,a;: ! By motion of the Council the meeting was adjourned to I * Grober ii;; : ' I 1 !x:
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i September 8, 1959 at 5: 30 P, M. : Sonneman 5 ; :xi
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$ i McPherson i !x !x:
i The meeting was declared adjourned at 11: 15 9. M, ;::: :ii:
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I annex to the City.of Carlsbad prior to the time of the I :::; i bond issue that his property would be considered. 1 I ii::
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I 1 : Respectfully submitted, I 1 I I I#
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4 I INSERT: Mr. Kelly was advised that if he chose to t I
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