HomeMy WebLinkAbout1988-08-23; City Council; Minutese * MINUTES
Meeting of: CITY COUNCIL (Regular) Date of Meeting: August 23, 1988
Time of Meeting: 6:OO p.m. Place of Meeting: City Council Chambers MEMBERS COUNCIL \
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CALL TO ORDER:
Mayor Lewis called the Meeting to order at 6:OO p.m.
ROLL CALL was taken by the City Clerk, as follows:
Present: Council Members Lewis, Kulchin, Pettine,
Mamaux and Larson.
Absent : None. I I
APPROVAL OF MINUTES: (one motion)
Minutes of the Adjourned Regular Meeting held August
IO, 1988, were approved as presented.
Minutes of the Adjourned Regular Meeting held August
11, 1988, were approved as presented.
Lewis
Kulchi n
Pettine
Mamaux
Larson
Pettine
Mamaux
Larson
Minutes of the Regular Meeting held August 16, 1988, Lewis
were approved as presented. Kulchi n
Petti ne
Mamaux
La rso n
PRESENTATIONS:
Mayor Lewis read and presented a Proclamation urging
support of the UNITED WAY/CHAD Community Campaign
during the week of August 23, 1988, through September 2,
1988. The Proclamation was accepted by Stewart Gary of
the Fire Department.
Larry Clemens, representing Hillman Properties, stated
that the Pacific Rim Country Club and Resort received
the Gold Nugget Award for the best Master Planned
Community in the Western States at the Pacific
Coast Builder's Conference held in May. Mr. Clemens
presented the Gold Nugget Award and Plaque to Mayor
Lewis in appreciation of the City's efforts.
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CONSENT CALENDAR: I I
Mayor Lewis announced that Item #3 was withdrawn from
the Agenda.
Council Member Larson stated he would abstain on Item
1!12.
Council affirmed the action of the Consent Calendar,
with the exception of Item #3, as follows:
WAIVER OF ORDINANCE TEXT READING:
Council waived the reading of the text of all
Ordinances and Resolutions at this Meeting.
Lewis
Kulchin
Pettine
Mamaux
Larson
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I I CONSENT CALENDAR: (Continued)
1. ~ AB $f9600 - TEST PROGRAM FOR PERSONALIZED PATROL
VEHICLES ( PPV) .
Council adopted RESOLUTION NO. 88-300, authorizing
a transfer of $15,000 from the City Council
Contingency Account 00 1 -8kO -1990 -2999 into Police
Operations Capital Outlay Account 001-820-2120-3900
for vehicle outfitting for four persomlized patrol
vehicles.
2. AB #9601 - SETTLEMENT OF LAWSUIT - DAVID BRINGMANN
VS. CITY OF CARLSBAD.
Council adopted RESOLUTION NO. 88-30 1, approving
the settlement and authorizing the expenditure of I
funds in the amount of $25,000 for settlement of
the lawsuit entitled Eringmnn vs. City of
Ca rlsba d o
3. - AB #9602 - COAST WASTE MANAGEMENT TRANSFER STATION
PERMIT. I
This item was withdrawn from the Agenda.
4. AB $19603 - ACCEPTANCE OF CALIFORNIA ARTS COUNCIL
GRANT.
Council adopted RESOLTUION NO. 88-303, accepting a
$8,962 qrant from the California Arts Council for
a rtistsli n-residence; MacFarla ndjwhistler Da nceArt-
Company, Dickens Players, Carl Stone and San Diego
Symphony.
5. - AB #9604 - APPROVAL OF AMENDMENT TO COASTAL
CONSERVANCY AGREEMEW TO FUND CONSTRUCT ION OF BEACH
ACCESS STAIRWAYS AT MAPLE AVENUE AND HEMLOCK
AVENUE.
Council adopted RESOLUTION NO. 88-304, approving an
amended agreement with the California Coastal
Conservancy for funding for the construction of
beach access stairways at bple and Hemlock
Avenues.
6. AB if9605 - TRANSFER OF SURPLUS FURNISHINGS.
Council adopted RESOLUTION NO. 88-305, declaring
office furnishings surplus, and authorizing the
transfer of said furnishings to the Regioml
Training Center.
7. AB #9606 - ACCEPTANCE OF GRANT DEEDS FOR STREET AND
DRAINAGE PURPOSES - PD 158.
7. AB #9606 - ACCEPTANCE OF GRANT DEEDS FOR STREET AND
DRAINAGE PURPOSES - PD 158.
Council adopted RESOLUTION NO. 88-306, accepting
grant deeds from BCE Development, Inc., and Leisure
Technology Corpora tion of Ocea nside, for street and
draimge easements.
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CONSENT CALENDAR : (Conti nued)
8. AB 1B607 - TELEPHONE SYSTEM MAINTENANCE. I
Council adopted RESOLUTION NO. 88-307, approving an
agreement between the City of Carlsbad and ATEL
Communications, Inc., of Sa n Diego, to provide
telephone system mintemnce and repairs.
9. AB 1,608 - ANNUAL CONTRACT FOR JANITORIAL SUPPLIES.
-Council adopted RESOLUTION NO. 88-308, accepting
bids and authorizing the execution of purchase
orders for the purchase of janitorial supplies.
10. AB 1,9609 - PURCHASE OF PERSONAL COMPUTERS, PRINTERS
AND SOFTWARE.
Council adopted RESOLUTION NO. 88-309, accepting
bids and authorizing the execution of purchase
orders for the purchase of computers, printers and
software.
11 . AB 1B610 - AMENDED AGREEMENTS FOR ENVIRONMENTAL
IMPACT REPORT /MASTER PLAN - EIR 86-2.
Council adopted RESOLUTION NO. 88-310, approving
amended agreements between the La Costa Ranch
Compa ny and the City of Ca rlsba d; a nd, the City of
Carlsbad and Sa nchez-Talarico Associates, Inc., for
preparation of an environmental impact report for
the La Costa Fhster Plan project.
12. AB 1B611 - AGREEMENT WITH CARLTAS COMPANY AND
APPROVAL OF CHANGE ORDER NO. 1 FOR THE PALOMAR
AIRPORT ROAD WEST ASSESSMENT DISTRICT - AD 86-1
Council adopted RESOLUTION NO. 88-311, approving an
Change Order Number 1 for the Palom r Airport Road
West Assessment District, Project No. 3151; and
. agreement with the Carlsbad Company and approving
adopted RESOLUTION NO. 88-312; ordering changes and
modifications in proceedings and assessments in a
special assessment district pursuant to the
"Municipal Improvement Act of 1913".
PUBLIC COMMENT : I
Kelly Irving, 1675 Basswood Avenue, addressed Council
suggesting a partnership between the Water District and
the City. He enumerated severa 1 items wherein joint
ventures could be pursued. He stated that the key
words for activities concerning water should be
coordi M te, cooperate a nd cornmunica te.
PUBLIC HEARINGS: I
13. AB 1,612 - HISTORIC LANDMARK DESIGNATION - RAMSAY
HOUSE - H-15. I i Mayor Lewis announced this item was continued to the
meeting of September 6, 1988.
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PUBLIC HEARINGS: (Continued)
14 . AB 1,9613 - APPEAL - ADMINISTRATIVE VARIANCE FOR A
SIX-FOOT FENCE WITHIN A FRONT YARD SETBACK - AV 88-
2 - BERMAN.
Mike Holzmiller, Planning Director, gave the staff
report as contained in the Agenda Bill.
Mayor Lewis declared the Public Hearing open at 6:29
p.m., and issued the invitation to speak.
Mr.. Charles Nachand, Nachand and Agnew, 447 South
Escondido Boulevard, Escondido, addressed Counci 1
representing the Appellant. Mr. Nachand referred to a
wall chart and identified people in the surrounding are2
who were in favor of the fence as it stands. He furthe-.
indicated the person who had origimlly opposed the
fence had now submitted a letter which was on file with
the City Clerk withdrawing their opposition.
Mr. Nachand continued, describing the features of the
construction, and presented an unsigned letter from the
architect concerning the advantages of the fence.
For clarification purposes, Mr. Nachand stated that Mr.
Berman had not been told that the administrative
variance would be rubber-stamped; however, he MQS told
that it shouldn't be a problem. He also indicated that
it had been a representative from the Building
Department, and not the Planning Department, who had
said it was a side yard, and that no variance was
required.
In conclusion, he stated that these were unique
circumstances, and requested approval of the variance.
Mr. William Schools, 4 374 Stanford Street? addressed Council in favor of the Appella nt .
Ms. Crista Reindt, 4367 Stanford Street, addressed Council. She commented on the excellent quality of the
fence, and urged Council approval of the variance.
Mr. George Smith, 4378 Stanford Street, addressed
Council in favor of the Appellant. He stated the
neighbors liked the fence.
Mr. She1 Bermn, 4375 Stanford Street, Appellant,
addressed Council. He gave a history of the variance
request, including conversations with various staff
members. He also stated the fence construction
corrected the problem with the sewer cleanout. He
requested approva 1 of the va ria nce.
Anne Schobe, 4363 Stanford Street, addressed Council in
favor of the Appella nt .
Terri Schools, 4374 Stanford Street, addressed Council,
stating that she and her husb nd had submitted two
letters in favor of the Appellant.
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PUBLIC HEARINGS: (Continued) I
Since no one else wished to address Council on this
matter, Mayor Lewis closed the Public Hearing at
6:55 p.m.
Council discussion related to the orientation of the
house on the lot, the appearance of the fence, and
whether the current fence location caused any
vi sibi li ty problems.
Mr. Holzmiller, for clarification, stated that the lots
to the South do not have a right to have a six-foot
high fence on Stanford, contrary to what had been
presented by some of the sped kers. He stated that
those lots would require a variance to have a six-foot
high fence.
Council, with the exception of Council Member Marnaux,
indicated that they could mke the findings required to
a pprove the va ria nce .
Council approved the appeal and granted the
administrative variance for a six-foot fence within a
frontyard setback -- AV 88-2.
Further Council discussion related to the existing City
regulations concerning frontyard and sideyard
determimtions, and whether those regulations should be
cha nged.
Frank Mannen, Acting City Mamger, stated that staff
would discuss the existing setback regulations on a
staff level, and a report forwarded to Council with any
changes that are deemed necessary.
DEPARTMENTAL AND CITY MANAGER REPORTS.
15. AB 89614 - CONSULTANT AGREEMENT FOR IMPROVEMENTS
TO THE INTERSTATE 5 BRIDGES AT PALOMAR AIRPORT ROAD,
LA COSTA AVENUE AND POINSETTIA LANE.
John Cahill, Municipal Projects Flamger, gave the staff
report as contained in the Agenda Bill, with the aid of
a slide presentation.
COUNCIL /\iJ OAT 0 L@ A ?
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L ewi s
Kulchi n
Pettine
Mamux
La rso n
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Council adopted the following Resolutions: (one
Petti ne
xx Kulchi n motion)
X Lewis
X
FOR IMPROVEMENTS TO THE INTERSTATE 5 BRIDGES AT PALOMAR Larson X
AIRPORT ROAD, LA COSTA AVENUE AND POINSETTIA LANE.
RESOLUTION NO. 88-315, APPROVING A CONSULTANT AGREEMENT X M~IIBUX
RESOLUTION NO. 88-316, APPROVING A COOPERATIVE
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION FOR THE IMPROVEMENTS TO THE PALOMAR
AIRPORT ROAD BRIDGE OVERPASS.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
57) 16. AB /I9599 - CARLTAS COMPANY REQUEST FOR PRIORITY
PROCESSING.
Council Member Larson stated that he had participated
in the discussion on this item the previous week;
however, since that time it has come to his attention
that this could have an effect on the Carltas Floral Trade Center. Therefore, he indicated that he would
abstain on the m tter.
hrty Orenyak, Community Development Director, gave the
staff report, indicating that a letter had been
received today from the Coastal Commission stating that
they could priority-process the project if Council
action could occur by November 1, 1988.
Mr. Orenyak then referred to his memorandum dated
August 23, 1988, distributed to Council Members at the
meeting, and he detailed the contents of that
memora ndum .
Mr. Holzmiller, Planning Director, continued with the
report, explaining the background of the matter. He
explained that the flower fields are not currently
under the Williamson Act and could be developed. The
proposal is to swap land under the Williamson Act for
the area known as the flower fields.
Mr. Holzmiller also referenced the list of projects
which would be delayed, as listed in the memorandum
attached to the Agenda Bill dated August 3, 1988.
In response to Council query, the City Attorney stated
that the only my to guarantee that the flower field
area would rennin as open space would be for the owner
-to deed an open space easement to the City. If a
General Plan Amendment is processed desigm ting the
area as open space, three votes of a future Council
ca n accomplish another General Pla n Amendment.
It was noted by staff that if the land swap were
approved, and the flower fields placed under the
Williamson Act, then no development could occur on that
land for 15 yearss.
Mr. Ron Whitney , representing Herrick Enterprises, 2775
Via De La Valle, 8204, Del Mar, addressed Council.
Mr. Whitney indicated they have a restaurant project at the intersection of 1-5 and Poinsettia in process. He requested assurances that the project would not be
affected if this priority processing were approved.
Mr. Robert Royce, 2936 Roosevelt, representing Ayers
Construction, addressed Council. Mr. Royce indicated
they had a project in process identified as CUP-88-9.
He indicated they were in favor of the concept of
providing additional open space, but if the Ayers
project would be delayed by processing the Carltas
General Plan Amendment, then Ayers Construction also
requested priority processi ng .
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DEPART MEN AL AND CIT Y MANAGER REPORTS : (Continued)
Ted Blonski, 17065 Bermrdo Drive, San Diego,
representing Pacific Coast Hotels, addressed Council.
Mr. Blonski stated that his project had been in
process For a long time and any delay would create
severe firuncial hardship. He stated the hotel was
pla nned to open in April , 1990 , and requested that the
City not grant priority processin9 to Carltas.
Mr. Don Williams, 204 Sea Breeze, Solamr Homeowners
Association, addressed Council. Mr. Williams stated
that they have several deadlines to meet, which were
established by Council. He requested that no action be
taken which would delay their processing.
Mr. Ray Fuller, CM Engineering, 550 West Vlsta Way,
Vista , representing Richard T . Domhue, addressed
Council. He gave a history of Mr. Domhue's project,
and stated that granting of this request would only
perpetuate unfairness. He requested denial of priority
processing for Carltas. ~
Mr. Robert L. Hale, 320 Walnut, addressed Council. Mr.
Hale stated he is the owner of the Pelican Cove Bed and
Breakfast Inn, and is processing an additioml project
in the City. He expressed opposition to the Carltas
request for priority processing a nd urged Council's
denia 1.
Mr. Doug Avis, Bieri-Avis , representing La Costa Ranch
Company, addressed Council. Mr. Avis indicated he
understood this would not affect their project, and he
supported the proposal. He questioned the processing
of the General Plan Amendment ahead of the approval of
the Zone Plan.
Mr. Will Hawkinson, 2711 Wheatfield, Simi Valley,
.. representing Farmers I nsura nce Group, addressed
Counci 1. He stated they do not oppose the plan, but
are concerned about what would happen to their project.
Richard Domhue, 4964 David Way, San Bernardino,
addressed Council. Mr. Domhue stated he had been
processing a single family home project since 3a nuary of
1985. He stated that all projects should receive their
fair chance, and priority processing should not be
gra nted.
Mr. Chris Calkins, 4401 Manchester, f206, representing
Carltas, addressed Council. Mr. Calkins gave a history
of the item, including the Williamson Act legislation.
He requested approva 1 of priority processing, stating
the Coastal Commission had indicated they would work to
get the item on their agenda the first meeting in
December if the City acts by November 1, 1988.
In response to Council query, Mr. Ca lki ns stated they
would not be willing at this time to grant an open
space easement to the City on the flower fields. He
continued, stating that the ratiomle for granting this
request is for the City to have an "opportunity" to
preserve the flower fields.
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
Mr. Orenyak, in response to the speakers, stated that
if the priority processing request were approved,
the Herrick Enterprises project would experience
minimal delay; Ayers Construction would be delayed;
Pacific Coast Hotels project would be delayed; La Costa
Downs (Mr. Donahue) would be on hold; Mr. Hale's bed
and breakfast project would be on hold and the
Farmers Insurance project would be delayed. Mr.
Orenyak indicated there would also be delays on
minor projects in the Redevelopment area.
Council discussion reflected their desire to preserve
the flower fields; therefore, Council approved the
Carltas request for the processing of a General Plan
Amendment application, conditioned upon their
withdrawing their tentative map application for the
Floral Trade Center, and subject to the other
conditions explained in the memorandum from the
Community Development Director dated August 23, 1988.
RECESS:
Mayor Lewis delcared a Recess at 8:34 p.m., and Council
re-convened at 8: 40 p.m., with all Council Members
present.
DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
17. AB 59615 - AWARD OF CONTRACT FOR CONSTRUCTION OF
MINOR ROAD IMPROVEMENTS AND TRAFFIC SIGNALS AT
MELROSE DRIVE AND RANCHO SANTA FE ROAD.
3,ohn Cahill, Municipal Projects Manager, introduced the
matter, and Bob Johnson, Traffic Engineer, explained
the details of the project. In response to Council
-query, Mr. Johnson stated that the City of San Marcos
is proceeding with signalizing the La Costa Meadows
Drive intersection, but they are providing no guarantee
that the signal will remain when the Rancho Santa Fe
Road/Melrose Drive intersection is re-aligned.
Council adopted the following Resolution:
RESOLUTION NO. 88-317, ACCEPTING BIDS, AND AWARDING A
CONTRACT FOR THE CONSTRUCTION OF MINOR ROAD
IMPROVEMENTS AND TRAFFIC SIGNAL AT MELROSE DRIVE AND
RANCHO SANTA FE ROAD, PROJECT NO. 3280.
18. AB /I9616 - 40 MILE PER HOUR PRIMA FACIA SPEED LIMIT
- PORTIONOF FARADAY AVENUE.
Bob Johnson, Traffic Engineer, gave the staff report as
contained in the Agenda Bill.
Council introduced the following Ordinance:
ORDINANCE NO. NS-33, AMENDING TITLE IO, CHAPTER 10.44
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF
SECTION 10.44.320 TO ESTABLISH THE SPEED LIMIT ON
FARADAY AVENUE FROM EL CAMINO REAL TO COLLEGE
BOULEVARD.
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Lewis
X Larson
xx Mamaux
X Pettine
X Kulchin
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X Larson
xx Mamaux
X Pet t i ne
X Kulchin
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Lewis
X Larson
X Mamaux
X Pettine
xx Kulchin
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DEPARTMENTAL AND CITY MANAGER REPORTS: (Continued)
19. AB 119617 - 35 MILE PER HOUR PRIMA FACIA SPEED
LIMIT - PORTION OF PI0 PICO DRIVE.
Bob gohnson, Traffic Engineer, gave the staff report as
contained in the Agenda Bill.
Council introduced the following Ordinance: xx Kulchin
X Lewis
OF THE CARLSBAD MUNICIPAL CODE BY THE ADDITION OF Mamaux X
SECTION 10.44.310 TO ESTABLISH THE SPEED LIMIT ON PI0 Larson X
PICO DRIVE FROM TAMARACK AVENUE TO ELM AVENUE.
ORDINANCE NO. NS-34, AMENDING TITLE IO, CHAPTER 10.44 X Pettine
20. AB #9618 - REMOVAL OF ABANDONED VEHICLES FROM
HIGHWAYS.
Council introduced the following Ordinance: xx Kulchin
X Lewis
OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF Mamaux X
SECTION 10.52.130 TO ALLOW FOR THE REMOVAL OF ABANDONED
VEHICLES ON HIGHWAYS.
Larson
ORDINANCE NO. NS-35, AMENDING TITLE IO, CHAPTER 10.52 X Pettine
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21 . AB 119619 - FUTTSU GOODWILL DELEGATION
Mr. Carman Cedola, Chairman of the Sister City Steering
Committee, gave the staff report to Council as
contained in the Agenda Bill. He also indicated that
the delegation would include eleven civic members who
will underwrite their own travel expenses. In response
to Council query, he recommended that the Mayor and the
City's staff liaison, Grace Manues, be included in the
delegation.
Council Members Kulchin and Larson agreed that the City
delegation comprised of the Mayor and Grace Manues
would be sufficient for this trip. Council Member
'Mamaux expressed the opinion that funds should be
budgeted for the program, and the Mayor should be
allowed to decide who will participate. Mayor Lewis
concurred with the comments of Council Member Mamaux.
Council Member Pettine stated that his concern was
fiscal. He indicated the City is operating under a
hiring freeze with reduced income; therefore, he did
not think the expenditure was appropriate at this time.
It was moved by Counci 1 Member Mamaux that $4,000 be
appropriated for the Sister City Program and that the
travel program be established by the Mayor. The motion
died for lack of a second.
Council adopted the following Resolution, modified to Lewis X
reflect that the Mayor and one staff person designated Kulchi n xx
by the City Manager be authorized to participate in the Pettine
delegation, and that $2,500 be appropriated for Mamaux
expenses: Larson X
RESOLUTION NO. 88-318, APPROVING OUT-OF-STATE BUSINESS
TRAVEL FOR FOUR CITY REPRESENTATIVES TO SERVE ON THE
1988.
GOODWILL DELEGATION TO FUTTSU, 3APAN, OCTOBER 23-26,
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COUNCIL REPORTS:
Mayor Lewis announced his intent to adjourn this
Council Meeting to 11 :45 a.m., August 25, 1988, at Pea
Soup Andersen's for the presentation of the State of
the City address at the Chamber of Commerce luncheon.
He also announced that the State of the City address
would be presented at the Safety Center at 6:OO p.m.,
on August 30, 1988.
Leaaue of California Cities Administrative Services ~- ~ ~ ~~
Policy Committee
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Council Member Mamaux reported on a June meeting and
recommendations of the committee.
SANDAG
Council Member blamaux reported on the status of SB 768. He also indicated that they would be reviewing
Supervisor Bilbray's growth control measures on
Friday. He read portions of the measure, expressing
concern that it has the appearance of being the
forerunner to regional government.
3AC -
Council Member Mamaux stated that the first meeting
under the new administrative process will take place
tomorrow.
Village Merchants
Council Member Kulchin reported on a recent fundraiser
for the Carlsbad Community Band.
- NCTD
Council Member Kulchin reported on the recent meeting.
Carlsbad Economic Enhancement Council
Mayor Lewis referenced notes he had previously
distributed to Council from a recent meeting.
Futtsu Steering Committee
Mayor Lewis referenced notes previously distributed to
Council from a recent meeting.
North County Sub-regional Planning Meeting
Mayor Lewis referenced the notes he previously
distributed to Council from a recent meeting.
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AD30URNMENT:
By proper motion, the Meeting of August 23, 1988, was
adjourned at 9:29 p.m., to Thursday, August 25, 1988,
at 11:45 a.m., for presentation of the State of the
City address at the Chamber of Commerce meeting at Pea
Soup Andersen’s.
Respectfully submitted, - R e!-
ALETHA L. RAUTENKRANZ
City Clerk
Harriett Babbitt
Minutes Clerk
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