HomeMy WebLinkAbout1965-02-02; City Council; Minutes1 * IC* ~ "" 2.- 1 Minutes of:
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CITY CC.UNCIL (Aegular meeting) i 8, "., : Date of Meeting: February 2, 1965 : Name ".,'d i Time of Meetiug: ?:.=is P. M. : of '3
* ;"-""""""""" Place of Rrieetiug: """"""""""-""""~.~"--"--"--"--"-",---------"---- Council Chambers i Member '' ; 36LL CALL was answcred by Councilmen Atkinson, I I : Dunne, Neisw ender, Jardine and Hughes. Also present ; i were City Manager Mamaux, City Attorney iiilson and i : City Clerk Adams.
: INVCCATI CN was offered by LSCev. L. D. Batkins
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I I : ALLEGIA.NCE to the Flag was given.
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! A.PP20VAL CF MINUTES: I " "- I
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I I (a) Minutes of the regular meeting of January 19, 1965, : Atkinson
; were approved as presented. i Dunne
I ; Jardine
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I I i Neiswende~
I i Hughes
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: CORRESPONDENCE:
i Application for Library grant. The Council acknowledged j : Gc5ii$XTlZ&- from the office of the California State ; i Librarian, stating the city's application was incomplete i : due to the fact the building must provide facilities for en- : ! richmen'i of service in an area, through coordination of th4 1 resources and/or services of two or more libraries or a : i library system as established under the Public Library i
I Development Act, I 1
a I I : Cmn. Jardine inquired as to the Carlsbad Library BoardIS i reaction to this letter, I I
i The City Manager stated he had only talked with the Chair{
f man of the Board, and the Chairman stated he felt the i Board would wait to see if the deficiency can be corrected; : The City Manager further stated the City is not a part of i i a cooperative system. A report has been made on a co- ; I operative system between the cities in the county, and was! : presented the latter part of last year. The City of San : i Diego is studying this report at the present time. The co-{ : operative system wi1.f have to be approved by the City of : I San Diego acr? the rest of the cities. They are trying to i : provide service on a regional basis. I I
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I I I I 1 : Cmn. Dunne stated it was hi.s understanding the calling of :
: tion.
1 I I I 1 : The City Manager stated this was true, and he felt the I I i election should be held off for at least two months to see i i what action is taken on the cooperative system. I I
: The Mayor acknowled.ged receipt of a letter from the State: ; t3ighway Commission in reply to his letter concerning the i
f imp~-oveme=\t of State i3ighw ay 101. I I
i The Council acknowledged receipt of a copy of a letter ad-i : dressmi to U. Max Palkowski, Chief of Police, from I I i Kenneth Steen, Captain, U. S. Navy, extending apprecia- i : tion by the Armed Forces Oisciplinary Control Board for ; i the fine cooperation of his department. I I
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i the election was pred.icated on the result of this applica- ! 8
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I I i GA2AL COMMUNICATIGNS: "" 8
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I ! i MR. 1-2A.LPd WALTGN, representative of the Boy Scouts, i : stated th2 Boy Scouts held an election and a Mayor, Vice : i Mayor, City Manager, Fire Chief and Police Chief were . i
! chosen to take oven, City Eail on the afternooh of February: i 8, 1965. I I 0 I * I
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I : of '3 : Membctr x! :"-""""""""""."""""" """""""""""--""""""""~""""""", : February 13th has been scheduled for klean-u? day. At i i the last Council meeting the Cou~cil indicated thoy WGuld f : fed the Boy Scouts. Mr. Jay dofzman of Marja Acres ; I i bas of.fered to furnish the cold drink for the boys. l
i 12 closing Mr. Walton informed the Council the 55th An- ; : n ual Dinner for the Boy Scouts will be held on February i : 8 11, 3 965 at Camp Del Mar, An invitation was extended to; ' each member of the Council ana their wives. ; ! i Mayor Neiswender expressed his appreciation to the ; Friends of the Library for decorating the Council Cham> : : ber with pictures. 1 I
! PUBLIC i3EARINGS:
: (a) Harding Street Improvement - 191 1 Act Proceedings, i ! A.D. 2-1962, Spreading the assessment. I I
1 rived this was the time and place fixed for the hearing of ; : protests, objections or appeals in respect of the assess- i i ment proceedings, and work under and pursuant to Reso- ; : lution of Intention, i3esolution No. 957, and the Improve- i i ment Act of 1911. I I
I The Clerk presented the affidavits of publication, mailing: : and posting notice of hearing on assessment, and the i Council ordered them filed.
i The Clerk presented the following letters of protest:.
i Letter dated July 15, 1964 from Mrs. i3elen S. Welch, in:
! which she reported an error made in putting in the curb i I entrance to their drive, on the Oak Avenue entrance. 8 I
i Mr. Thornton from the Engineering Department stated ;
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I I I ' The Mayor announced the hour of ?: 3b P.M. having ar- 8 I
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I this matter had been corrected since the date of the lette4
: LetTes dated January 31, 1465, from Frank C. and Doro-i i thy K. Tcumble, 910 Palm Ave, s stating they wished to : i appeal the assessment against &b pro erty fop the fo1- i : lowing reasons: (1) The drainage for Pa f rn Avenue and i I 2ardiag Street is improperly done as the water runs up ; : imtc; their property during heavy rainfall, which condition: ! did not exist prior to the street being improved, and (2) i : The work Ci?. the i3arding Street side of their property has: i not been completed in that a publIc hazard exists on City ; : property that gives the appearance of being part of their i i pi-operty. s I
i T'mc M~~GI- asked if tilere were any persons who had filed I : a written protest, or his representative, desiring to be i i heard in support of such protest? I I
I There were no persons present desiring to spe2.k.
i The Thyor asked if t5ere were ar,y persons pi-CSClrit Who :
f wished to make an oral protest?
; A53,S, JG3NSON. 897 Cak Avenue, stated she wished to i i protest the parkir,g of cars on Harding Street ir? front of : : her home by persons attending St. Fatricks Chrch on i i Smdays. Her g2cst.s are usable to parlr in frcnt of hey : : property because af these ca-s, Tbey start in at C: 3'3 i i A, M. and contime. until 12: 33 PC Ma The City rents pro! : perty from the Church, which partially consists of a 1 I i parking area, and she felt the @hu.rch should use this on : I Sundays. In closing Mrs. Johnson requested that the Cit? : notify the Church to make use of the parki-ng area on Sun-: i days. I I
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~"""""""""""~~~"""""""""""~""~"-"""~"~"""~".~---------"---' i The City Manager informed the Council as soon a.s the i : Library is moved it is the intention of the Church to pave : I this property and use it for parking. At the preseni time I i the 1°F is being used to some exten.%, I I
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I lile PUbk hearing was declared closed at 7: 3s P. M. b 8 4 * I I
*P I ~mn. Xughes recornmended that the Church be notified to i i use the parking area on Sundays. I I
I I 1 i Mayor Neiswender requested this matter referred to the !
! staf€ as recommended by Cmn. dughes,
i Cmn, fiu@e~ inquired of the Engineering Department as i I : to Mr. and Mrs. Trumble's protest. I I
! Mr. Thornton stated the "rumbles own property at the I i corner of Harding Street and Palm Avenue. The right of i :way on Ellarding Street was in excess of what the City need-: i ed. For some reason this subdivision allowed an addition:
:a1 4' of right of way which was of no use for this type of : i improvement. The City waived the contractors contract :
:to go to the right of way on this project. In doing so he did !not cut at the property line but cut 1' back of the sidewalk. I
:The reason for waiving this was the offi&&grade of the ; !sidewalks would necessitate reworking of the on-site drive:
:way and it would be of no benefit to this property to cut at : :the property line. I I
:As to the drainage, the drainage is taken care of through !
:conduits from the freeway. It discharges from the freeway !conduits t0 the surface on Palm Avenue in the curb and i :gutter thence to Harding Street into a closed conduit. I I
\Prior to the street improvement the water use to pond at ,i
:the intersection of Harding Street, Palm fivenue and Avo- :
icado Lane. 6 8
!After further consideration the following resolution was i
:presented I 1
:desolution No. 1097, A RESOLUTION OF T-dE CITY bl tkinson :mm~m~ T~E CITY GF CARLSBAD CVE~XJLING iDunne
:ALL PaOTESTS ON THE ASSESSMENT, CONFIAMING Feiswende ITdE ASSESSMENT AND ZC3NFIRMING THE REGULAi'tITY :Jardine :OF PRCCEEDINGS, Assessment District No. 2-1 962, was iilughes jc.dopted by title only ar,d further reading waived. I I
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i$) Appeal of the decision of the Planning Commission on i
:reclassification of proErty known as "South Carlsbad An- I
Iii-Lone R-1 to zone C-N: on property: flying easterly and adjacent to Ponto Drive, and to "M" on I
she balance of the property. Appellant: Lawson Martineau, : ~Er-
:The Ciert; ceriified as to proper notice having been given, i iand that no writtec protests had been receiv2d. I s
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I I I t I :The Mayor announced the Council would hear from all per- : :sons desiring to speak in favor of this appeal.
?,Gt, DCN MITCi-fELL, stated he was an attorney frc~m i ;dncinitas, and was representing Mr. Martineau snd %:e : pst of the property ownzrs in the area.
,The application requested ''3.4'' zonirrg on the. easterly pnr- i Zion of the property. This property is locatzd down in z :
:draw. The railroad is located to the east of tk property, I
:md there is an easernznt owned- by iv,q of' ':he prol;er+y own-!
&s for a railroad sp-xr. The \V?,S'zesly pQP'iicn of tile $1 3- i ?erty is adjacent to Panto Drivz. At the y-escr~t tixc
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ithere are commercial buildings along Ponto Drive, i. e., i !dog kennel, sanitation trucks, tavern, etc, a and the pro- ; iperty owners have requested "C-M" zoning for this portio4 ;The lagoon is located considerably south of the $mea in :
:question. It is the position of the applicants that this re- i
!quest is reasonable and will give the best use of the pro- : iperty. They are asking that the decision of the Planning 1
:Commission be overruled, At the time of the hearing be- f
ifore the Planning Commission there were no objections ; lfrom the property owners in this area; however, they al- : :lowed persons outside the city limits to protest.
jCmn. Dunne asked if th,e property owners wculd object to i ia conditional use permit being issued to operate their 0 I ;various businesses?
iMr. Mitchell stated they do not feel a conditional use per- i jmit would be satisfactory as the banks will not loan money :
:under such an arrangement. Mr. \i eston is considering i :building a truck terminal.
iN1.3. ViESTCN stated at the time he was considering pur- : :chasing his property the property was locat,ed in the Coun't$ jae checked with the County Planning Commission and Dr. i :Miller. Before the Sale was consummated he: learned tfie ; jcilty of Carlsbad was contemplating annexing this property,!
;He contacted the City Manager and he informed him the :
:property looked commercial to him, however, he referred i :him to ?Mr. Tnornton in the Engineering Department, who : :stated he was sure the City Cfficials would go along with i
boning compatible with its present use: I I
:MY+ meston further stated he and Mr. Ivicevic own a 20' i :easo-nt fop Q I--ailr.uad spur. de is in tne business of i :transportin$j.flowers out of this area. At the present time :
:he is parking his trucks in Leucadia in an 3-1 Zone by way:
:of a conditional use permit, which has to be renewed evert :six months. I
;Crnn. Ekghes asked Mr. Weston what size building he pro-! :poses to build? I I
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$ I , I :Mr. 'tGeston stated they propose to build a 2725' dock with ; !lOiIO+ of office space.
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!As there were no other persons desiring to speak, the !Mayor declared the hearing closed at 8:05 P. M. I I
:Cmn. Hughes recommended this matter referred back to i
:the Planning Commission for further study. a
Mayor Neiswender stated he felt the Council made it quite i jclear at the time of tine hearing on the annexation that thes$ :property owaers should have the proper zoning. This is arr: $.onorable body and the Council has no intention of eluding i :this matter. I I
kter further consideration by the Council, by motion of htkinson ithe Council it was agreed that this matter be referred backputme Fo the Planning Cop-mission for further study ana a report Deiswender
:made hack to the Council. pardine
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!Commissioner David Freista.dt, of the Planning Co-mmis- ! ;sion, stated he has heard the word honorable used, 2nd he i :felt the Planning Commi~ssi.cn act4 in good faith. in making : itheir decision on this mztter. I
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I ! Member ': :"~"""""""""""""""""""""""""""""""""-""~~""-"-------- :The Mayor informed Commissioner Freistadt he was sure i
$hey had, I
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!ENGINEERING: & I
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!(a) Offer of street dedication - Sam W. Miller. Mr. Nlille$ :was granted a lot split for property located at the corner I
:of Adams Street and Magnolia Avenue, and he was re- I jquired to dedicate certain property for street purposes. : :A deed has been received and it will be necessary for the i i Council to accept the deed. I I
:By motion of the Council the deed was accept, r-d and the :Atkinson :Clerk instructed to record the same. !Dunne
I Zdeiswender
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I I I i (b) 191 1 Act Froceedings - Stratford Lane - street open- i
:ing and street improvement, A, JD, 1-1 964, A plat of the ;
!area was presented. The Engineermg Uepartm-ent report-: I ed approximately 2 years ago the property owners proposeb ;to open up a street between Laguna Drive and Mnowles Av4
!westerly of Elmwood Drive and east of Pi0 Pic0 Drive. : : ,The petition contained 67. S% approval. It will be neces- i isary to condemn some of the properties. I I
i Mr. Thornton pointed out that it this project is successful,:
J there are other property owners who are interested in this! i same type of street opening. * I I
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I I t I i The following resolutions were presented:
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I 1 i Fiesolution NO. 1098. &ESe3LUTIe3N OF TE CITY CCUN- i : CfL OF THE CITY OF CAi3,LSBAD DECLPUXING FINDING i !THAT GWNERS OF MGSE THAN 6001, IN AAEA CF THE :
i PROPERTY. SUJBJECT TO'ASSESSPJLENT'IN PRQPOSED I i ASSESSMENT DISTdICT MC, 1-1964 IjAVE SIGNED PET14
! TICN FOR IMPAOVEMENTS; FINDING THAT THE PETI- i i TION FOa PROPCSED ASSP;:SSMENT DISTL~ICT NG. 1-
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I I I I I * : 1964 EAS BEEN FILED T:ITH THE CLEiZK OF THE CITY i iCF CARLSBAD; AND FINDING TSAT SAID FETITICN :Atkinson i I @C.NTAINS A WAIVE& CF INVESTIGATION P&GCEEDING$Dunne I 1
; .REQUIRED BY DIVISIGN 4 CF THE STELEETS AND HIGH- :Neiswender i
i WAY CCDE OF THE STATE CF CALLFQL3NIA, was adoptedjardine : !by title only and further reading waived. : Hughes I I
i desolution No. 1099. iZESCLUTION OF Ti33 CITY C0UN:Atkinson i:
i@IL CF TEE CITY CF CA&LSBAD, APPCINTIMG ENGI- :Dunne
:NEEit AND FIXING CCMPENSATION, for proposed A. D. INeiswender i !no. 1-1964, was adopted by title only and further reading :Jardine I I ; waived. :Hughes
i Resolution No. 1100. SESCLUTION OF 73333 CITY COUN1Atkinson i: : CIL OF TEE CITY 42F CAL~LSBAD APPOINTING PERSOK :Dunne : 1'8 PREPARE ALL FRCCSEDINGS, proposed A, D, No. iNeiswender i
:waived. I jHLlghes 8 I 1
I3esolution NO. 1101. ~~ZESCLUTION OF ra CITY COUN- i jC3L OF THE C?mF CAALSBAD DIIZECTING EZZPAK- :Atkinson IB :ATION OF PLANS AND SFECIFICATICINS AKD 13ESIGNAT:Dun.m I I i DTG E,NGINEEEl TO PREPfL2E' PLANS, proposed A. D. No.:Neiswender i : 1-1964, was adopted by title only and further reading iJardine a I I waived. : Xugh es
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t ; 1 - 1964, was adopted by title only and further reading :Jardine i
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jResolution NO. 1102. RES@LUTION OF TEE CITY CF i
i FGX CERTAIN ST3,EET IMPEE@VEMElXTS AND AFPRBV- !Dunne ! GAI3LSBAD APPftOVING PLANS AND SPECIPLCATIBNS :Atkinson
tING ASSESSMENT DIST'2ICT MAP, proposed A. f4. No. iNeiswender i 1 - 1964, was adopted by title only and further reading !Jardine i waived. :Hughes
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:NE% BUSINESS:
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I I I I i (a) Proclamation - Boy Scout f;v eek". The Mayor pro- i :claimed the week of February 7th to 13th as Boy Scout i i Week. I I
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I I I I I 14b) I Proclamation - Gratitude and respect for Tom Ferris, i
:Craig Shirley and Don Bar-. 'The Mayor requested ; i this matter takezf the agenda. I I I I I I i(c) Petition - re: Protesting issuance of "Cn-Sale Beer" t :license for properky located at 325 Oak Avenue. An appll" ;
jcation has been made by the property owner at 325 Oak : :Avenue for an On-sale beer license to the Alcoholic BeverG
!age Control. A petition has been received from the sur- i :rounding property owners requesting the Council to take : !formal action protesting the issuance of sucn a license at i
i this location. I I
I I tBy motion of the Council it was @greed that the City of :Atkinson iCarlsbad file a formal protest with the Alcoholic Beverage!Dunne
:Control requesting bhat the application be denied. :Neiswender
I I I !Jardine
I I :Hughes
!(d) Petition - re: jttequesting Council to take necessary !
:action for traffic regulations on State dighway 7s. A peti-i :tion has been received containing signatures of 22 property: :owners in Carlsbad, requesting the City Council to take i jthe necessary and appropriate action to effect the speed i :limit reduced from 65 m. p. h. to 50 m. p. 12. along State ; !Highway 78 (Vista Way) from the intersection of Eignway : : 1Zl Eastward past the College area and beyond, and to havk :temporary "Flashing Signalst'qinstalled at the intersection :
:of Highway 78 and El Camino Real. & I
iCm. Hughes suggested this matter be turned over to the i i Traffic Safety Committee.
!After discussion by the Council the matter was referred to i
:the. Traffic Safety Committee. I I
:(e) Terramar sewers; The Engineering Department re- t
:ported they have been negotiating with Mr. Cannon for the ; !
:pump station site, and the site that was proposed by the : !City Mr. Cannon has other plans for. They are now nego f itiating for another site. I 4
it?) Buena Vista Lagoon Joint Resolution - Cceanside-Carlsf
:bad. The City Manager reported the proposed r"
:=presented to the City Council of Oceanside, and they i irequested that the City Manager of Oceanside and Carlsbadi jmeet and discuss this matter. I I
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I I I I(g) NCH C-omputer. Inquiry was made as to when the corn- :
:puter would be installed, and the City Manager informed thi !Council NCiZ is doing the water billing now anii they are in : :hopes of having the computer installed by Fsbruary 15th. i
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I :"""""""""""-"--""""""""""""""""""""""~""-~"""---""-- : Member ': I (h) Portable Traffic Light, The company was contacted ad : to when this light would be delivered, and they will delivet
i having the light that was ordered delivered by Konday of 1 : next week.
i (i) Tamarack Avenue and Carlsbad Blvd. intersection. : The City Manager reported the city is negotiatiE$jTEthei i Division of Parks and Beaches €or the return to the city i : of that portion of the west side of Carlsbad Blvd. which : : was vacated by the city some time ago. If the city ob- i : tains this right of way this would mean Carlsbad Elvd. ; I would have to be realigned. The installation of "jiggle" i : bars at this intersection would cost approximately 1 i $60ii. 00, not counting the labor.
i Cmn. Sughes stated he was not familiar with the installa-: i tion of the "jiggle" bars at this intersection. I I
I Mayor Neiswender stated he felt the installation of "jiggld? i bars would curtail people from crossing the white line. i
i Cmn. Hughes stated there was an article in the newspape( i that these short "jiggle" bars are not too effective, and : : recommended that the city wait and see what the Division i i of Beaches and Parks intend to do, I
1 an alternate light on Thursday. " They are in hbpes of ;
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I ! , I i (j) Appointment of Cmn. Dunne to Sewer Committee. ~md. : Sughes stated he would like to compliment the Mayor on i i the-appointment of ~mn. Dunne to the Sewer ComLittee. : : He assumed that Cmn. Dunne is taking former Councilma4 i Bierce's place. Cmn. Cuevara appointed him to this corn: i mittee when he was Mayor. According to the "Brown Act! ; three members of the Council cannot be on a committee. i
i Mayor Neiswender stated he was not aware of this conflic?, : therefore, he would relieve Cmn. Hughes from this com- : I mittee and appoint Cmn. Dunne and himself.
I The Mayor presented a copy of suggestions to serve as a i : basis for discussion regarding revision of "M" zones to : i each of the Councilmen.
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I I I I I I i Mter discussion by the Council by motion of the Council ! Atkinson
! it was agreed that the suggestions be referred to the Plan; Dunne i ning Commission for study. i Neiswender
I : Jardine
1 I i Xughes I I
I I I I : OLD BUSINESS
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I I I ! i (a) Second reading of Ordinance No. 6031, prohibiting i I alcoholic beverages within cardrooms. The following i
i ordinance was presented for aEorreareading: I 1 I
8 I I Ordinance No. 6037.AN CSDINANCE ADDING SECTION i Atkinson i w TG CgDINANCE NO, 6815 PMXIIBITING ALCCBOLIC ; Dunne
; BEVERAGES VLITBIN CAL~DROOMS, was given a second i Neiswender i reading by title only and adopted, : Jardine
I I b i Hugnes + I ! CITY ATTORNEY'S iU3FCs.ffT: ! -
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8 1 I I L : Acceptance of water easements. The mater Department i : has Installed new lines across certain property aud it has :r : been necessary to acquire new easements for these linea, ; I The City will quitclaim the easements now ia existence. i
i By motion of the Council easements were accepted from i Atkinson I : Kubota and Robinson, and authorization was giva for the ; Dunne i Mayor and City Clerk to execute quitclaim deeds to the i Neiswender, : respective parties. : Jardine
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I 1 CITY MPJXA.GER'S REFc3T; i !?, . I
1 1 (a) Street tree designation. The City Manager informed the : Council the Parks and Recreation Commission have re- : i quested a change in street trees for Monroe Street north { ; of Basswood Avenue from Cape Chestnut to Japanese i Black Pine due to the fact it is virtually impossible to ob- i i tain Cape Chestnut trees until 1966.
: By motion of the Council it was agreed that the request : Atkinson I be granted in accordance with the Parks and &!creation i Dunne i Commission's recommendation. : Neisw ende
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I i (b) Employment of Bartle Wells Associates. At the last i : meXing of the Council the Council approved the employ-. - ; i rnent of Jack Y. Kubota and Wayne Lill to do an engineer- i
i submitted by Eartel Wells Associates to prepare a finan- i : cial report of the *Water Department, a copy of which was ; i sent to each of the Councilmen.
i By motion of the Council it was agreed that Bartfe Wells i Atkinson : Associates be employed to make a financial study of the : Dunne I Gater Department, i Neiswende:
I : Jardine
1 iag report for the Water Department, A proposal has bee@
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i Hughes
! i PAYMENT OF BILLS AND RATIFICATION CF PA..YROLL:j
I I # 4 I Authorization was given for the payment of the bills for th< : general expenses of the city in the amount of $1 3,412.15 ; Atkinson i and €or the Water Department in the amount of$3,09'7.02, i Dunne : for the period January 19, 1965 to February 2, 1965, as : Neiswender i certified by the finance Department and approved by the I Jardine ; Auditing Committee, ! Hughes ! r
I : Ratification Qf the payroll was given for the second half of i Atkinson i January, 1965 in the amount of $19, 340.00, as certified ; Dunne
; by the Finance Department and approved by the Auditing i Neiswender i Committee. ; Jardine
I I i Hughes I
1 I i ADJOURNMENT:
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I I I I i By proper motion the meeting was adjourned at 8: 41 P. M. i
I I t i despectfully submitted,
I : i : I y?. <.&A.+4+.Ak(, -/+ IS ;r , , , .:'/ ?A&."
i MA~~GAZET E. ADAMS : City Clerk
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