HomeMy WebLinkAbout1959-12-01; City Council; Minutes.. . I
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I I 1 : CITY OF CARLZSAE) i Minutes of: i Date of Electing: Deceaher 1 F 1359 ; The of Meeting: *i:OO T,N- : Of &%., X?*&,.+,&$ '\ \e, i 1"""""""""" Place of Meeting ""-"""""""""""""""",-"""""""-~""""""""""""" Council Chmi!ers I Member ,o +@..p\p$
I '61; i ROLL CALL was answered by Counci Pwcman Sonfieman and Counc i i- :I#: : men Ledgerwood, McPherson and La Roche, Also present were i 1::; i City Manager Palkowski and City Attorney Hayes. I I 1::;
I 1 ;:a I 11:; i INVOCATION was offered by Mayor Ledgerwood. t I ::::
i APPROVAL OF, MINUTES : I :III I $41 i 1, The Minutes of tlie regular meeting of NovemSer 17, i Sonneman :X; :Xi : 1959, were approved as submitted, i Ledgerwood i i :X;
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; CORRESPGNDENCE:
: 1. A:':Grant of Easement to the City of Carbsbad from i ::#I 41 i Paul and Magdalena Ecke for road purposes was presented i : for the Council's review. The City Attorney advised "Lhe ; i Council it would be necessary for the Collncil to accept : II', 11: : the easement before it could be reccrded. By motion of i Sonneman 3 i !X : i the Council the easement was accepted a9d the City Clerk : Ledgerwood i i X i : instructed to accept: the easement on behalf cf the City i McPherson : i :X i i and have the easement recorded. i La Roche : :X k;
*I I, I 2, A notice frm the County Boundary Cmnission, with i ;pi ; legal attached, of the inten2ion of the voters of Vista to ; ;I:: i incorporate Vista was presented. The City EngiGeer advised, I;::
i the Council he had checked the proposed area intended to bq ::I: It#
I incorporated, and with some slight changes, it was satis- i ::I: : factory as to the boundaries of Carlsbad, The Mayor asked : i:;i i if the area took in any of the Carlsbad Municipal Water i It ii:: i District? The City Engineer stated this WGUld have to be ; ::!: : checked, By common consent of the Council the City I ::I; i Engineer was instructed to have the area rechecked as to i l:;l : the boundaries of the Carlsbad Municipal Water District, i ii::
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I t :::: : 3. Notice of 8 meeting of the San Diego County Planning i ::ii i Congress to be held on December 9, 1959, at the Mission ; :I::
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: OUL COMNUNXCATIONS :
I- I I : There were no oral communications.
; PUBLIC HEARINGS: 7:30 P. M,
: a, Continued hearing Jefferson Street Improvement - I 1911 Act.
i T, Bruce Smith, Attorney for the project, advised the I 11:: : Council this hearing had been continued in order for the i I::: 1 Engineering Department to check the percentage of protests i ;:'I :; I according to the area rather than the front fcotnge, I I :I::
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I I;;: : The Engineer presented a final summary with petitions I I ::;: I received November 17, 1959, at the regular meeting of I ::;: i the Council, which were as follows:
: Total frontage of protests reeeived ----- 69.66% I :::: i Total area of protests received---------- : Protests received from original petition i signers on frontage basis ------------I 69.69% : Protests received of original petition
80.83% ; signers on area basis ----------------.. *
i By motion of the Council the following resolution was i adopted:
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[ Resolution Noc. 611, A RESOLUTION OF THE CITY COUNCIL OF ! Sonneman !X : k i : THE CITY OF CARLSBAD; MAKING FINDINGS OF FACT GRANTING i Ledgerwood ; l : p i THE PROTESTS, AND TERIdiNATlNG THE JEFFERSON STREET IMPROVE: McPherson i :X :X i ItI) ! * La Roche i i ; ; : MEN" PROJECT.
I 4 i b. Continued hearing - Clearview-Skyline Sewers, 1911 ! :::i
;a;: i Act. 1 I: I:'
I I I I 8,:: i T, Bruce Smith, attorney for the project, advised the I It1(
I ::ii i Council that the part of the hearing concerning written : ::4t i and oral protests had been closed, however, the Council i I::&
t had continued the hearing in order that the Engineering ; IhL: :::I i Department could make their report on the percentage of i ;;:: i written profests,
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i The City Engineer stated that 27.38% prot.ests had been I I :::; i received from the property owners in the proposed district4 pi:
i I 'I!; I I :;!I i The Attorney further advised the Council that two more i I I:' :;:; : communications had been received urging the need of these : 1118 i sewers, and if the Council wished, with the consent of the i :::;
;;@I : Council, they could be read. By cmon consent of the I I 81 I l:ll I Council the letters were ordered read. I * I:
J t '11 I Letter dated November 29, 1959 from Donald F. Prest and i :;:: I:;; i Florence M, Prest, in which they reiterated several points j :;a1 ; concerning this project, and requested the City Council to i I;::
: give grave consideration to this sewer problem aDd author- : 'I:!
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; ize the immediate construction of sewers in the balance i :;::
I of the Carlsbad Highlands, 1 I ::i;
I 4 I::: 1 Letter dated November 24, 1959, from Robert L, WatsonP I l;;i I(+( : stating he is a resident of Sunnyhill Drive, requesting the! :::; I Council to take immediate action to relieve the residents i ;::;
i of Sunnyhifl Drive of the unbearable situation resulting : ii:: :,- i from neighbors on Skyline Road. I I ::i:
I 1:;: i The Mayor asked if there were ar?y further oral protests 1 I:;:
@I&( i or objections. There were no further oral protests or I I i::;
; J objections, I I ;::: 1;:
I iii: i I%. GESRGE WINDRUM stated that he was certainly in favor i :::I i of this procedure as he had purchased property in the area : ::;: ; and was assured there wouid be sewers within 90 days. I I :I::
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i 5RS. WINDRUM stated they had arranged for art FHA loan and i 111 18;;
I could not start construction of their home until sewers : ;; I' :::I
;were available. I ,;'I
I I I 1 !::: i After discussion by the Council the hearing was declared : ::i:
1'1: i closed, and it was the decision of the Council the protests: ;::: ; sho:.lld be overruled. The following resolutions were I I ;;ii I presented for the Cou~cil's review:
i Resolution No. 606. A RESOLUTION OF THE CITY COUNCIL OF i Sonnernan $ / $ i : ThE CLTY OF CARLSBAD, MAKING FINDINGS AND OVZRRULING PRO- i Led$ertJcod : I X ; : TESTS AND OBJECTIONS, was adopted by title only, and : MzPnzrson ; jrp: : further reading waived. I La Roche i i $ ;
1 Resolutiorr No, 6C7. A RESOLUTION OF THE CITY C0UiJCT.L OF i Sonneman j( i fr : i TKETITY OF CARLSBAD DETERMINING THE GENSRAL PREVAILING : Ledgerwood i : i I
:RATE OF PER DIE4 WAGES, was adopted by title only and i NcPherson : p $ i . i further reading waived, for Assessment District 110. 3-1958,iLa Roche i t X : i =uti on No. 608. A RESOLUTIDN OF TEE CITY COUliCIL OF I Someman $ [ k i ! TliE CITY OF CARLSBAD, ORDERING THE CCNSTRlJCTIC%: OF CEWAIN i Ledgemood i ; $ \ i STREET IMPZOVEMENTS AND @%DERIi?G POSTIX AXD PL?3LICAl'I~>l OF~McPhersan 8 k X ; : NOTICES INVITING SEALED PRgPOSALS OR EIDS, for Asseasneat :La Roche \ i $ I i District No, 3-1958, was adopted by Cit1.e O.;iy and fmtsher i ;::: i reading waived. I l;:l
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i Resolution No. 609. A RESOLUTION OF THE CITY COUNCIL OF i i THE CITY OF CARLSSAD, DIRECTING THAT CERTAIM STREET WORK : Sonneman ; : ;x: : : BE DOPE UNDER THE DIRECTION AND TO THE SATISFACTION OF I Ledgerwood : ; :X: I i THE ENGINEER OF WORK, for Assessment No. 3-1958, was i McPherson :X: :Xi i I adopted by title only, and further reading waived. ; La Roche : :X :X: i
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I ENGINEERING: I )I,Il I 1:;:;
::I:; : 8. Report on bid opening for Library. I I :iii:
I I I I ::::; i The City Engineer reported that only one bid had been I I ::::I
I :lll; : received, and it was in the amount of $6,625.00 by the i ;;::I : Shaw Construction Company of Vista. The City Manager 1::1:
I 141 SI I advised the Council there was only $4,000.00 budgeted 1 I i:::'
1: i for the improvement; however, the City Engineer feels that i :iii: : if a part-time carpenter were employed to supervise the i ::::i i City forces it could be done for $4,000.00 I i:::;
1111 : Cwn. Sonneman stated she felt perhaps it would be best to ; : have this money set aside and earmarked for the library, i :;i;:
i and in the next years budget enough funds so that the I I ::::I i building could be built properly. I ::::I
I I I ;:iiI 1:;:: ! Mrs. Cole, City Librarian, stated she felt there were two i i:::: i alternatives - either keep the children's library open, : ;;::: : or expand into the other room and wait until the next I I ::I:; :SI I budget. She requested the matter delayed until the Corn- ! :::I, : mission could meet and discuss the alternatives. After I i discussion by the Council the matter was deferred, and : 1;11; 14:;; : the City Engineer and Cmn. La Roche were requested to meet I ::;Il i with the Library Commission to discuss the matter. I I :::I:
i b. Clarification of legal description - Glen and Pearl : l:;1: i Merrfll. i Letter dated November 18, 1959, from Glen and Pearl Plerrilj, l;'ll
; stating that several months ago they were the successful i I:::,
I bidders of a piece of property owned by the City of Carls-: :;I:; i bad, which lies adjacent to their property on Mesa Drive. : :;::I : However, they had since called upon a private surveyor and; :@::I i found that the property described/%e deed is not the I i property they thought they were purchasing. According to i 1::;; ; their surveyor they have no frontage on Mesa Drive, and i ::::i ; they thought they were purchasing property that had a 29' : ii;:; : frontage on Mesa Drive,
i The Engineering Department advised the Council that the i i Merrills do have frontage on Mesa Drive according to the ; I :; 1:; : nap. The City Attorney advised the Council the Notice of i :::;I i Sale was published in both local newspapers, and that the ; :::;; ; legal description as described in the Notice of Sale and ! 1:::: i the legal description as set forth in the Deed to the v I :;:;; i Merrills was the same, and in her opinion the City cannot i
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I a. Memo - RE: Appointment to Planning Commission, I :ii:
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: fill the vacancy on the Conmlir,slon. The Nayor reqbested ; ;:;:
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#I II i Mr. Weeks, surveyor for the Merrills, was present and
i stated he was somewhat at a loss as he had not seen the i i original drawing and could only go by what the Merrills : : had given him.
: Nrs. Merrill was advised that as far as the City was con- i i cerned they had acted in good faith and khe matter was : closed.
: PLANNING :
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i Memorandum from the Planning Commission recornending that i :*I: : Gene Dyson be appointed to the Planning Cotm:sslon, CW~~ : ::I: I Sonneman stated she would like. to n~nlnete Garth Xil:er to I I@)$
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Di : of : Men! ber $fQh+\o\,t ~"""""""""""""""""""""""""""-"""""""-""~"""""""""""-~".
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I the City Attorney to advise him as to' the prbper manner : I!::: ! of appointment to the Connnissionsl The City Attorney t I:::: i stated she would investigate this matter beiore the next i :;:;;
; meeting, The Mayor requested the appointment deferred unt{l :I:::
:ltl; i the next meeting, :::$I
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I I i:::: i b, Abatement of non-conforming signs, I ':;*I *1}11
I I I ::,:I 11; I The City Attorney advised the Council that approximately i ::' p:;:
i 6 months ago this matter was discussed by the Planning i ::::: I Commission. It was the feeling of the Planning Commission i ::;I: : that the sign ordinance should be amended to allow adver- i 111'1 :;1:1 i tising of businesses, but not products. The Mayor had : ::::;
i appointed her to a sign committee, consisting of Mr. Hal i t1 :::::
i Bierce and Mr. Price to study the sign situation in the i i;:;; Ill
: City, She was requested to draft an amendment to the I I ::i:; *I i sign ordinance. I I
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I: : The City Attorney reviewed the draft of the amendment with! tl;;l ;i;;: : the Council. I 1 1::::
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; Cwn. Sonneman stated that Mr. Kentner was given a one year i ti!: :::;: i abatement period for his sign on the freeway, and that i ;:;;:
i the time had expired in August of this year, & ::::;
I 1 1::;: : 1 .I : After discussion by the Council it was agreed that this I pl:: : matter of the proposed change in the sign ordinance be i ;:::I \ taken up with the Planning Commission for their recom- I ::I:;
I I# ;; ; mendation, and that the matter of Mr. Kentnerls sign abate; :+; : ment be deferred until such time as the Planning Corn- I I :,I : mission makes their recommendation. I :$:
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e HARBOR: ;I::;
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I I :::;: : a. Appointment to Harbor Commission. The Mayor re- I I :q;: I'I I quested this matter deferred until the City Attorney had i :+ $1:: : investigated the manner of appointments to the commissions4 ::::: :*I
I I 18 I I p:: : MR. ALLEN, one of the Harbor Commissioners, stated that i ::: i one of the members of the Harbor Commission had recom- I ;I;:; i mended Gerry Wolters to the Commission. I I :: 8;;: II
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I :::I: i NEW BUSINESS: I ;;4:
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a, Ordinance No. 7024 - Inclusion fee for use of I I
I t I i pumping plants.
i The City Attorney informed the Council the City Engineer i :;::: I had requested an ordinance requiring an inclusion fee €or ; ; properties that connect to the sewer system where it is i 1:::: i necessary for the installation of an intermediary public ; ::: 0: ; pumping plant, and that the inclusion fee be set at I
I $lOOeOO, The following ordinance was read in full by the i : City Attorney: ;I:;: : Ordinance No, 7024. ;.AH ORDINANCE OF THE CITY OF CARLSBAD i Ssnneman $ i b i i : ENDING ORDINANCE NO, 7020 BY ADDING THERETO SECTION 13, ; Ledgervood : ; F i : I REQUIRING THE PAYMENT OF A PUMPING PLANT CAPITAL CONTRI- i PlcPherson ; $ X ; i i BUTION CHARGE, was adopted, and declared an urgency t La Roche i ; & i : : ordiwnce. I
: b. East Cnlsbad Annexation No. 2.1,
I The City Attorney informed the Council that the Boundary i i Commission had approved the deletion of certain properties : i:i:;
f from the East Carlsbad Annexation No, 2.1, and she had i ::::: I prepared a resolution for the Counci1's approval, consentidg
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I I ;',I: i to these deletions, However, the description as prepared i l;lI,
; by the City of Oceanside does not conform to the City of i ;;#I : Carlsbad's desired boundary. It was her opinion that this : :I::
1::: i description should be clarified before proceeding further i !I::
; in this matter, The Engineering Department presented a ; :It i drawing of the proposed City of Carlsbad's northerly I1,r I Sonneman ; !X X :
I boundary. By mot ion of the Council the City Attorney was : Ledgerwood i : g i i instructed to negotiate with Oceanside as to the northerly i McPherson ; : X :
i boundary line of Carlsbad, : I La Roche
: C, Ordinance No. 5032 = Adopting by reference County ; :;;; i Ordinance No, 1970 (New Series) I :::
i The Council was informed that the County had recently 8 l;'l;
i adopted a new ordinance which ordinance authorized the : Director of Public Health to permit the installation of i ;ii;; i temporary sewage disposal facilities pending the avail- I *;Ill
; ability of a sanitary sewer, The City previously adopted i :::: '1,
i by reference County Ordinance No. 1258, permitting the I I ::#I ;I:# i installation of temporary sewage disposal facilities, I I ;I::
I however, this amendment puts the responsibility on the I :;+I i Director of Public Health to carry out the enforcement of i ::::
i this ordinance, and makes the agreement binding upon the i iiii
: property rather than the owners of the property, I I :**I
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I 1 )*I1 1 I 4;; : The City Attorney presented the following ordinance and i :;*I
i requested it be made an urgency ordinance; I :a:: t ,:@I I I I I;::
I I 11 i Ordinance No, 5032. AN ORDINANCE OF THE CITY OF CARLSBAD J :;;;
;ADOPTING BY REFERENCE ORDSNANCE NO. 1970 (New Series) OF : ::;;
i THE COUNTY OF SAN DIEGO, AMENDING ORDIMMCE NO, 5015 OF i it::
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:THE CITY OF CARLSBAD, WHICH ORDINANCE ADOPTED ORDINANCE NO,: ::I: :: i 1258 (New Series) OF THE COUNTY OF SAN DIEGO, BY ADDING i 1,::
I THERETO SECTION 27, WHICH REFERENCED ORDINANCE AUTHORIZES : Sonneman b I $ i i THE DIRECTOR OF PUBLIC HEALTH TO PERMIT THE INSTALLATION i Ledgerwood t : X ; i OF Tl3lPORARY SEWAGE DISPOSAL FACILITIES PENDING THE AVAIL- :McPherson i k fr i : ABILITY OF A SANITARY SEWER, was read in full and adopted. :La Roche I ! F I
i CITY ATTORNEY'S REPORT:
!A letter from Mr. Paul Swirsky, attorney for the Joseph0 i
:Brothers, had been referred to her for her opinion, re- i garding the secondary water rights in the San Luis Rey
!Valley owned by the City of Carlsbad. In her opinion
;these water rights should not be released,
:Mr, Paul Swirsky was present and stated that since the
:City Attorney has made her reconmendation, he would like I
:to request that something be worked out in which these I I 1;;:
:people could develop their land, His clients are not : desirous of acquiring any of the water rights. An engineer;
jing study was made by the Plutual Water Company a few years i :;::
lago by Mr. Conklin regarding these secondary rights, I I :::*
:After discussion by the Council the Mayor requested the i
!City Attorney and the City Engineer to investigate this i 11 :;::
:matter to see if something could be worked out. 4 k ::::
IA memorandum from the City Attorney regarding the formation! 1:::
:of a Harbor District was reviewed by the Council in which i
:she stated that a harbor district as proposed by the Harbor;
!Association of Northern San Diego is certainly legally
:feasible and would be beneficial to the growth of the City,: I::'
:She further stated that she was in accord with the Harbor i
:Commission's motion that the City Council forward a reso- I 1::
Ilution to the County Board of Supervisors supporting the i
:boundaries of a harbor district as proposed by the Harbor : ::;:
:Association of Northern San Diego County, By motion of the $onnm.an ;:::x
:Council the City Attorney was instructed to prepare a :Ledgerwood i i :X i
iresolution to send to the Board of Supervisors supporting iMcPherson : :X :X;
ithe Harbor District as proposed, :La ROCE..~ !X : :X ;
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I I I I ',&80\9',$,/1; 1 Member $'@\+$?\< ~""""""~~~""""""""""""""""""""~"-"""""""-~""---"-----"----------
t The City Attorney informed the Council that she was still i i investigating a possible means by which the City could i ; finance the sewers. She has received some information ; aIII 11
i from the State Water Pollution, and if the Council approved, : she would like authorization to meet with the State Water 1 1111 ! Pollution Board and discuss their method of financing. By: Sonneman iXi !Xi : motion of the Council the City Attorney was given author- ; Ledgerwood : i :X: I ization to meet with the State Water Pollution Board to i McPherson i :X:Xi : discuss their method of financing. : La Roche / [ !Xi
I I 11 I I : CITY MANAGER ' S REPORT. I
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1 11 : Drainage Ditch. The City Manager informed the Council they: i are ready to commence work on the drainage ditch, however, i :Ill ;;'I
! it will necessitate relocating the telephone cables, which: I will cost the city an additional $2,630.00. There is also: 3::: : an additional $545.00 needed for the condemnation suit. I I i'::: i He requested that $3,175.00 be transferred from the Road i : Materials Fund to Capital Improvement Fund to take care f I;;: i of these costs.
i A memorandum from the City Manager was presented to the r i members of the Council requesting the following transfer : ; of funds from the Contingency Fund:
i $1,400.00 for City Half addition. : $4,100.00 for Lieutenant position in the Police Dept. i i $2,225.00 for fire hose to the Fire Dept, i $ 392.00 to Public Works Department for rate changes i
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i By motion of the Council the above transfer of funds as I Sonneman :X: :X: i requested by the City Manager were approved. : Ledgerwood I ! :X i
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I from laborer to equipment operator. I :::!
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1 i McPherson : :X !X:
I I La Roche i : :Xi
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I I I I l:'l ;l:l i Authorization was given for the City Manager to execute i Sonneman : : :X 1 : the contract on behalf of the City of Carlsbad between the i Ledgerwood : i !X 1 i City and the Pacific Telephone and Telegraph Company for i McPherson :X : :X i : the relocation of the cables. i La Roche I :X :X ; ,
: PAYMENT OF BILLS AND RATIFICATION OF PAYROLL:
: Authorization was given for the payment of bills for the i ::i:i i general expenses af the City in the amount of $6,011.41, I Sonneman pi 5: : and the Water Department in the amount of $1,636.91, from : Ledgerwood : ; ;X: ~ i November 17, 1959 to December 1, 1959, as certified by the i McPherson ! y X i ~ I Director of Finance and approved by the auditing Cormittee,' La Roche i ; b i ~
I *::I i Ratification of the payroll for the second half of Movembe; Sonneman ; F t i :#I:
: 1959, in the amount of $12,516.97, was given, as certified i Ledgerwood ' 8 I I by the Director of Finance and approved by the Auditing i McPherson b 1 k i ; Cormnittee. I La Roche : i $ i
: EXECUTIVE SESSION:
i By motion of the Council an Executive Session was called ! Sonneman k i & i i i by the Council at 10:08 P.M. for the purpose of employing i Ledgerwood ! : 3t I I : a new City Manager. i McPherson t @ F I 1
i The regular meeting reconvened at 12:45 P.M. By motion 1 Sonneman : ' k i 1 I of the Council the meeting was adjourned to Saturday, DecembLedgerwood 1;D'il i ber 5, 1959, at 3:OO P*M. in the Council Chambers. i McPherson i % X ; I
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: ADJOURNMENT :
; By proper motion the meeting was declared adjourned at i 12:50 A.M.
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I I Res ectfully submitte4, ;si
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