HomeMy WebLinkAbout1967-08-15; City Council; MinutesI I
L I CITY OF CARLSBAD '8, '\ ' 8' .' i Minutes of: CITY COUNCIL (Regular rneetingi
: Time of Meeting: 7:OO P.M.
; Place of Meeting: Council Chambers I Member
! ROLL CALL was answered by Councilmen Worthing, i i Neiswender, Atkinson, Dunne and Jardine. Also ; : present were City Manager Mamaux, City Attorney I \ Wilson and City Clerk Adams.
i INVOCATION was offered by Mayor Atkinson.
i ALLEGIANCE to the Flag was given.
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i Date of Meeting: August 15, 1967 8' 8'
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1 I i APPROVAL OF MINUTES:
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I I I I I ! : (a) Minutes of the regular meeting held i No r t h i n g i. August 1, 1967 were approved as presented. : Nei swenc
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I ! i CORRESPONDENCE:
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I I I I i I i (a) Letter dated August 15, 1967, from the i President of the Carlsbad Boys' Club Mothers, : requesting use of Holiday Park on Friday, i August 25, 1967, from 5:OO P.M. to 9:00 P.M.
i By motion of the Council permission was granted :Worthin! ; to the Carlsbad Boys' Club Hothers for use of , iNeiswen( i Holiday Park on August 25, 1967, between the ; Atki nsot : hours of 5:OO P.M. and 9:GO P.N. i Dunne
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I ? ' ! ORAL CO~4MUNICATIONS:
i There were no oral communications. I
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I I i PUBLIC HEARINGS: I I I I -4 !
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(a) Resolution of Intention No. 62 or' the
Planning Cornmission, to consider amendments to i Ordinance #9050 > to provide that Lot Splits 3 rezoning applications, Precise Plans and Concii- i tional Use Permits be subject to subdivision * I procedures o
The Affidavit of Publication was presented to I the City Council and ordered filed. I I
The Clerk announced that no written correspond- i ence had been received.
The City Attorney informed the Council it is the; intention of the Planning Commission that all i applications requesting a lot split, rezonjng, ; precise plan and conditional use perm't, be accompanied by a map. He was not certajn this i matter was to be heard this evening, therefore, 1
he recomrcended that the matter be continued untiil the next resular meeting. I I
It was agreed that the matter be continued until!
the next regular ineetir;g, in order that more i I information could be submitted to the Council i metnbers. I 8
MR. JACK KUBOTA asked if he could be heard this 1 evening?
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I It was the decision of the Council to hear all I
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6 i persons desi'ring to speak. J I
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I : MR. L. A. OLSEN, 2785 Roosevel t Street, stated ! i he was speaking~on behalf of the Carlsbad Realty ;. : Board and as a taxpayer. Mr. Dick Osburn, Mr. i Don Holly, Mr. Glenn McComas and himself worked i i .up -Some material that he felt would be of inter- : : est to the members of the Council. a I
i Mr. Olsen presented the written information to i i the Council concerning the cost of .lot splits I I i as the ordinance now reads, with reference to 2 i ; or 3 lots. Mr. Olsen also expressed his appre- :
! ciation to the Council in having the matter con- ! ; tinued. b I
i MR. DON HOLLY stated he was a licensed surveyor i ; and he had worked up some- figures for the I.Gauncil's consideration in regards to a two lot i : split subdivision as the ordinance now reads. i When the word subdivision is used it means sub- i ; division requirements. The cost. for engineering i : fees on a two-lot subdivision would be $837.50 ; I per S'ot. I
i MR. C. R. HELTON of Helton' Construction Co., : stated he was speaking for hinsel f ~ He wcras glad i i to hear the Council was going to hold this I I : matter over for further study. There are several: i small parcels of land in the city that need to :
' be developed, !
: MR. JACK KUBOTA, Engineer, asked that the Council: i look closely into the zoning aspect when consid- ; : ering this matter. He was familiar with the .i Subdivision Kap Act, and he could not see where i : subdivision procedures tie in wi-th zoning. He -1 ; i was pleased to hear the Council was holding this : : matter over until the next meeting.
i By common consent the public hearing was contin--: : ued until September 5, 1967 at 7:30 P.M. I
: (b) Notice to Destroy Weeds and remove Rubbish, I : Refuse and Dirt. I
I The City Council was informed a notice had been 1
:.sent to each of the property owilers whose :-;am? :
! appeared on tlie list pesented at *tI12 lasf Cauncia : meeting, attached to Resolutior: No, 1425, stating: i a public hearing would be held on August 75, 1 I
I 1967, and all property owners having any objec- :
; tion Could app?ar before the Council and be heard!
; at that time. I I'
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.~~~ ."" """ ~ i bdrltten .. cgy"-es.po;?dei-ice fron the fQ1 1o:.;inq peinsonsI
i was presented , stating x~e nuisance had b2el-1 i -abated, or that tiley were in the pi-occss Of
; having the ~ork done:
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I : Harold J. Hansen i Ruth A. Gordon
I Sidney F. Searls : Dorothy-E. Troeger. .
i George D. Steltner
: : Mrs. R.L. Minton
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1410 Alcazar, San Clemente 5138 Vermont C.ourt, Camp
332 Crest Road, Orange 10529 Butterfield Road,
5432 Blanco Way, Culver
5612 Hillard Ave., Arcadia
Lejeune, N.C.
Los Angeles
City
I : I ,: The Council was advised the Fire Department had i made a recent check of the properties listed, and I the revised list shows the properties that.have i been recently cleared.
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I I I i b i The Mayor announced the Council would hear from i : all persons desiring to.speak. I I I I r
I. . ; MR..: OAKLEY PARKER, stated'he received a notice i I and he did not know what to do about the situa- ; ; tion as he leases his property to a party who i grows tomatoes.
i Mr. Parker was advised by the City Attorney to I ; contact the Fire Department and explain the I I I situation to then.-
i MR. LEE-.BARLO!d, 701 Magnolia Ave. , stated he re- i ; ceived a notice and his property has been cleared:
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: After checking the list Mr. Barlow was advised : 1
: his property had been taken off the list.
: After further consideration the following resolu-i i tion was introduced: I I
i Resolution No. 1429. A RESOLUTION GF THE CITY :Worthit : COUNCIL OF THE CITY OF CARLSBAD OVERRULINS OB- i Neiswer i JECTIONS, IF ANY, IN ORDERING STREET SUPERINTEND~j Atkins( : ENT TO ABATE NUISANCES SY HAVING WEEDS, RUBBISH, I Dunne i REFUSE, AND DIRT RE;4OVED, was adopted by title . i Jardi nc : only and further reading waived. -1
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I I I i ENGINEERING:
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I I I I I i (a) Notice to relocate sewer force hain in Jef- I
! ferson St. overcrossing. The State Division of !
I I' Highways . has notified the City of Carlsbad due ;
; to the widening of the Freeway the sewer force i main in Jefferson St. overcrossing will be re- ; located. An esJjp"il;aP f the cost to relocate i the force main/ fhb $!kte will absorb 40% of : the cost and the joint agencies will absorb the i balance of the cost on a pro rata basis. It is
; estimated that the cost to the City of Carlsbad i will be $1 ,200. An agreement Ss being prepared
; and will be submitted at a later date.
: By motion of the Council it was agreed that the : terms be accepted as presented by the Assistant i Engineer.
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I I 1 I I I I I I I I I I I I I L I I t I I I I i Worthi ; Nei swe i Atkins
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I I i (b) a.nd (c). , Offer of-street dedications - ; La1 ifG1mjeterans p,f-rai rs, ir-m--rtt1 et ux XET i ; L""" "." rc____
f Id. Stafford, et ux.
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i Two offers of .street dedication have been receiv-! : ed in connection with the improvement of Jeffer- i i son St'reet from California Veterans Affairs and : : W. Allen, et ux, and California Veterans Affairs I i and W. Stafford, et ux. The Engineering Depart- : : rnent recommended that the street dedications be {
i I accepted .. and recorded. s I
i By motion of the Council the street dedications : Worthir
' , : were accepted and the City Clerk instructed to : Neiswer : record the documents. i Atkinsc
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I '_ ; Jardinc ? I : I PLANNING:
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b a I I : : (a) Memorandum - re: Intersection study of ! Carlsbad Blvd. and State Street. A memorandum
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I 1 i from the Planning Comniss.ion was presented, dated: i'A-ug'ust 9, 1967, stating the Planning Commission : : was in agreement with the proposed realignment i i of the Intersection Study of Carlsbad Blvd. and : : State Street as presented to them at their I i regu1.ar meeting held on August 8, 1967. The : Commission recommended that the study be contin- i i ued and precised planned. . I I
i A.proposed plan for the intersection was present-: : ed by the Assistant Engineer for the -Council's i : review. i 6
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By motion of the Council the staff was instructed! Worthir
section of Carlsbad Blvd. and State Street. i Atki nsc : Dunne i Jardinc
to proceed with the precise plan for tne inter- 1 Reiswer
I -1 (b) Memorandum - re: Report on Greenhouses in1 an "RT Zone. A Memorandum dated August 4, 1967, ; stating that at thcir regularly scheduled meeting: held on August 1, 1967, the City Council request-: ed the Planning Commission to Rake a study of .i the various types of Greenhouses allowed in an . : "R" Zone, and it was the consensus of the Plan- : ning Commission that the Ordinance is adequate i as it appears- that this type of greenhouse pre- :
sents no major problem at this time'. The only i recommendation the Planning Commission had to make was that the greenhouses be kept back of i
the setback lines.
f The Council was informed the property owner whose; greenhouse was in question was notified as to i
the proper setback. I i
PARKS AND RECREATION COi'ilMISSION:
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i (a) One a~ointment to Parks and Recreation ; Commission. FiTayor Atkinsonappointed Mr. i Salvatore Martorel li 5 3592 Adams St., to fi 11 th<
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: unexpired term of Donald A. Briggs, Jr. on the I I Parks and Recreation Comniissioa, said term ex- i ; piring in August, 1958. I l I I I I I t I I I I I
e. i NEW BUSINESS: -.
I I i (a) lijeseloh Chevrolet Co. - re: Request for-: : use of ti0 Ilaay Park. "_.fy" I I I ", ~ ___". _"_ """ 1 I ! I
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I Permission was granted to Weseloh Chevrolet Co. I Worthin
1 I for use of Holiday Park on August 20, 1967 betweebNeiswen I the hours of 3:OO P.M. and 8:30 P.M., as request-! Atkinso i ed in letter dated August 10, 1967. ; Dunne
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(b) Fox's Snug.Harbor - re: Request for over- i nig-ht privileges. $ I
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8 I Permission was granted to Fox's Snug Harbor for !Worthin overnight pri,vileges'to a limited number of : Neiswen families of the Explorer Scout Troop H636 on the I Atkinso weekend of August 25, 1967, as requested in ! Dunne i letter dated August 8, 1967. i Jardine
I I I i (C> Mrs. William Stullz - 're: Request for per- :
! mission to hold carnival in yard to raise funds I i for Muscular .Dystrophy_. . Letter dated August 7, i : 1967, from Mrs. Wil1;iam Stultz was presented, I * ! .r.equeSting permission to hold a carnival in her i : Yard to raise funds for Muscular Dystrophy. Food : I stands would be erected. Also games could be I played. There address is 740 Oak Avenue.
i After consideration by the Council the request I Northin : was denied due to the fact it would be .a viola- : Neiswen i tion of the zoning -ordinance. : Atkinso
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i Cmn. Dunne informed the Council there is a group I : of teenagers who have rented a house to the rear : i of his property. They have created a real unsan-i
' itary condition and health hazard. It was his 1 ; feeling that something should be done immediate- ; J !
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: The Building Inspector stated a public hearing i i would have to be held. The manager of the pro- i i perty has been notified, and the owner of the : property who lives in .Illinois can be n.o.tified, i I and this was done today.
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Crnn. Dunne further stated he did not wish "this i to become a personal matter, however, he felt i situations such as this should be abated.
The staff was instructed to proceed with the
I s I s 3 I ! abatement of the nuisance.
OLD BUSINESS:
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(a) Second readins of Ordinance fi9209, reclassih fying certaiR pro-rty from Zcne R-A-10,000 to ; C-1 - re: Ecke. proDerty.
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I"_ I 1 1 The 501 1 ow-ir~s ordinance !;.!as presented for a
second reading:
- Ordinance No. 9209. AN ORDiNAPlCE OF THE CITY OF! \*!orthin! CARLSBAD AMENDING ORDINANCE NO. 9060, CHARGING ! Neiswenr CERTAIN DESIGNATED PROPERTY FRGM ZONE R-A-lO,OOOi Atkinsol to Zone C-1 , was given a second reading by title; Dunne only and adopted. ! I Ja.rdi ne
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(b) Final Budget for fiscal year 1967-68.
The City Manager .presented the Final -Budget for ; i
the fiscal year 1967-68, in accordance with the. 1
changes requested by the City Council at the time the Preliminary Budget was discussed.
By motion 'of the C.ounci1 the Final Budget for theiWorthin fiscal year 1967-€8 was approved. : Nei swen i Atkinso : Dunne i Jardi ne
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I I I The following ordinances were presented: \I
I t I : Ordinance No. 1103. AN ORDINANCE OF THE CITY OF : Worthir
i CARLSBAD AND THE "CITY OF CARLSBAD SEWER DISTRICT: Atkinsc
: .by.:title only and further reading waived. : Jardi ne
I Ordinance No. 1104. AN ORDINANCE OF THE CITY OF i
; CARLSBAD FIXING THE AMOUNT OF REVENUE FROPI I I : PROPERTY TAXES NECESSARY TO SUPPORT THE DEPART- :
: AMOUNT OF REVENUE FRO14 PROPERTY TAXES NECESSARY ! Worthir i TO PAY THE BONDED INDEBTEDNESS OF THE "CITY OF. ; Neiswep : CARLSBAD SEb!ER DISTRICT NO. 2" FOR THE FISCAL I Atkinsc I YEAR 1967-68, was adopted by title only and : Dunne : further reading waived. i Jardine
1 The following resolution was presented:
! CARLSBAD SETTING THE TAX RATE FOR THE CITY OF i Neiswer
*.. 1 NO. 2" FOR THE FISCAL YEAR 1967-68, was adopted i Dunne
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i MENTS OF THE CITY OF CARLSBAD AND FIXING THE I I
I I r I 8 I I I t I I ; Resolution No, 1427, A RESOLUTION OF THE CITY i Worthir I COUNCIL OFTHE C~TY OF CARLSBAD, ADomrdG THE ; Neiswer : SALARY PLAE.! AND ldGRK CONDITIONS FOR THE CITY OF i Atkinsr .! CARLSBAD FOR THE 1967-68 FISCAL YEAR, was adopt": Dunne i ed by title only and further reading waived. i Jardinc
: COMMITTEE REPORTS :
: Chamber of Comnlerce Audit. Cmn. Neiswender pre-. i i sented the Carlsbad Chamber of Commerce Audit I I Worth r' I : for the year ending June 30, 1967, and informed : Neiswer i the Council he had checked a1 1 items and found i Atkinsc : them, to be correct. He recomnendeci., that the : Dunne i Audit be approved as presented. i Jardinr
i- Business License Committee. Cmn. Jardine report; : ed the Business License Cornnittee was now meeting : I weekly, and feel they v;ill be able to agree on :
: Civic Center - Buifd'lng _______- Committee. Crnn. Dunne re- i ! ported the cor;-;mittee met and discussed details I
! 0-f the civic center. Also discussion vias given ; i as to the multi-purpose room in the Library.
1- ! !dater System Ioprover!;ent Cornmi ttee.' Cmn. ~unne f ; reported that-an engineering report was rnade : to the Water Sys-te;i? Improvexent 'Cornmi ttee. Also! i discussion was had as to a proposed filti-ation i
i pla.nt for the Carlsbad Runicipal iizter District,: i at a cost of approximately $2,500,OOG.O0, which i : Cost will have to be considered by the City.
i A short recess was called at 8:O7 p.H. ~hp
f meeting reconver,ed at 8:13 P.N.
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; a schedule of fees at their nzx-t rneeting - I I I I I 1 l e
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I ! : CITY ATTORNEY'S REPORT:
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3 ! i (a) Civic Center Joint Powers Agreement. The -i I City Attorney reported to the City Council the : : Civic Center Building Committee instructed him i i to contact the firm of Rutan and Tucker, Attorn- : f ; neys at Law, and request that they prepare the ; ; Joint Powers' Agreement as soon as possible fo.r i ! the Council's consideration. The fikm was con- ; i tacted and they are willing to proceed wjith the : : preparation of the agreement. 8
: By motion of the Council it was agreed that the i Worthi] i firm of Rutan and Tucker be employed to proceed : Neiswel : with the Joint Powers proceedings. i Atkinsc
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!.Cmn.. Worthing inquired as- to the total project i : 'c'ost? I
i It was pointed out that the City Council had pre-i ; viously approved a figure of $400,000. So far i i the Architects have been within this amount. I
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4 I I : The City Manager stated th-e bonds would not be i i sold until the entSre project figure had been . : : approve-d by the City Council. I
; Cmn. Worthing asked what assurance does the City I i have that the County will go along with- a Joint : : Powers Agreement. I
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! The City Manager informed the Council he had i verbally discussed the matter with the County, ; and that a letter will be sent to the County - ; requesting their participation in the Joint ; Powers Agreement.
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I I I (b) Ordinance #lo71 - re: Street Trees. A memorandum from the City Attorney was presented,, i stating that Mrs. Wollrich of the Parks and Recreation Commissi-on has requested that the Council consider repealing Section 3 of Ordinanc( No. 1060-A concerning approva.1 prerequisite to ; planting of street trees, shrubs, etc. I I
Mayor Atkinson requested the matter refei-red to :
the Parks and Recreation Department for study i
I and report. I
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t I I I 1 I i (c) Claim for Damages. A claim has been re- : ceived Prom Mrs. Katherine Cannon, 3860 Val ley i I Street, for damage done to her car while travel- : : i ng over El Caniino Real, The City Attorney i recommended that the cl~im be denied and refer- i
t red to the City's insurance carrier.
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By motion of the Council it was agreed that the
claim be denied and the matter referred to the city's insurance carrier.
1 4 : blorthir i Nei swer
I Atkinsc ; Dunne : Jardint
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: CITY MANAGER'S REPORT.:
i (a) Funds from sale of a portion-of Holiday Park!. ; The City Manager. informed the Council that funds i ; had been received .from the State for a portion : i of,Holiday Park needed for the widening of the i ! Freeway, and. recommended that the funds be used ; i .to acquire additional property for Holiday Park. i
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By motion of the Council it was agreed that the : Worthir City Manager and the City Attorney be instructed i Neiswer
properties in Holiday Park. i Dunne to negotiate for the purchase of the remaining I Atkinsc
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! Cmn. Worthing stated that an article appeared ;
recently in the Carlsbad Journal questioning the i legality of an ordinance recently adopted by the: Ci.ty Council concerning fighting, and questioning! 'the' constitutionality of the ordinance. * 8
The City Attorney stated there is always a question of constitutionality in regards to all i ordinances. Most City ordinances are more re- : strictive than the State laws.
Counci 1.' Chamber bu; 1 di ng. Cmn. Worthi ng stated i
he was not convinced that the all-purpose room ; in the new Library could not be used for' a Council Chamber for a number of years. He felt i with very little effort the room could be used : for Council and Commission meetings for several i
years. !
After further discussion by the Council it was I agreed that the Civic Center Building Committee - i
inve'stigate the matter further. 4 1
Cmn. Worthing requested that a follow-up report i be made to the Council on this matter.
Executive Session. .Cmn. Dunne requested that an i
executive session be cal-led for the purpose of ; discussing personnel. I I k
The Council a'djourned to the adjoirfing room at :
8:35 .P.M. The regular meeting reconvened at I 1 9:50 P.M. * I a
INSERT - (Correction on Page 9) Mayor HRinson announced that the purpose of the ;
ex'ecutive session was to discuss--personnel and I no action was taken. I C
AUTHORIZATION FOR PAYMENT OF BILLS AND RATIFICA- I TIGN OF PAYROLL:
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I horization was giverr for the payment of bills i the general expenses of the City in the I unt of $74,359.94 and for the Water Depart- ; Worthir
t in the amount .of $5,363.82 for the period i Neiswer ust 1, 1967 to August 15, 1967, as certified : Atkins( ,the Di rector of Finance and approved by the i Dunne i ti ng Conmi ttee. : Jardint
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! Ratification of the payroll was given for the 4 Worthil i first half of August, 7967; in the amount of ! Neiswel : $26,509.13, as certified by the Director of. i Atkinsr i Finance and apprbved by the Auditing Committee. ; Dunne
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By proper motion the meeting
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Respectfully submitted,
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Executive Session.' I .I ............. I %I I I Mayor Atkinson requested that the statement made i
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