HomeMy WebLinkAboutJULY 15,1980
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
1
INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
HEARING
TRACT NO,
38362
Tentative
Map
APPROVED
1
HEARING
DIAL-A-RlDE
PROGRAM
25:0075
M I NUT E S
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR MEETING
JULY 15, 1980
The City Council of the City of Arcadia, California met in a regular
session on July 15, 1980 at 7:30 p.m. in the Arcadia City Hall Council
Chamber.
Rev, Zackery Bright, Victory Chapel
City Manager Lyle W, Alberg
PRESENT:
ABSENT :
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
On MOTION by Councilman Gilb, seconded by Councilman Sae1id and carried
unanimously the minutes of the adjourned regular meetings of June 24 and
26, and the regular meeting of July 1, 1980 were APPROVED.
OATH ADMINISTERED TO
JAMES M. GREEN
Arcadia Beautiful Commission
Tentative map of Tract No. 38362 for a 12 unit condominium at 309-315
California Street, The Planning Director explained that the area is
designated for multiple family residential and the proposed development
is consistent with the General Plan and Zoning Ordi~~nce. All conditions
on which to base approval were explored.
Mayor Pellegrino declared the hearing open and no one desiring to be
heard the hearing was CLOSED on MOTION by Councilman Saelid, seconded
by Councilman Gilb and carried unanimously. It was then MOVED by Council-
man Gi1b, seconded by Councilman Haltom and carried on roll call vote as
follows that the Negative Declaration be approved and filed and that
Council finds the project will not have a significant effect on the envir-
onment; that the tract is consistent with the General Plan and the waste
discharge would not result in violation of the existing requirements set
forth in the Water Code; that the Director of Public Works be authorized
to execute the subdivision agreement and that the tentative map be approved
subject to all conditions.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
Pursuant to the requirement of the Urban Mass Transportation Administra-
tion this public hearing has been scheduled to consider the proposed appli-
cation for Grant Funds. An application has been prepared by the Consul-
tants in the amount of $43,000 for the past year's Dial-A-Ride operation
(FY 1979-80),
Mayor Pellegrino declared the hearing open and Mrs. Johanna Hofer, 875
Monte Verde Drive, said in part that the City is in need of good public
transportation and suggested checking to see if an arrangement could be
worked out with the School Board to utilize the large buses and small vans
for school children as well as local citizens, She asked that this matter
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7-15-80
RESOLUTION
NO, 4912
ADOPTED
HEAR ING
(Elec trical
Code 1978)
ORDINANCE
NO, 1707
INTRODUCED
25:0076
be held over until staff has had an opportunity to discuss it with the
School Board and the Urban Mass Transportation Administration, The Assis-
tant City Manager submitted that the arrangement with the federal govern-
ment clearly does not allow the City to transport any school children un-
der the current regulations, Of course students may call Dial-A-Ride if
they so desire,
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Dring, seconded by Councilman Gilb and carried unanimously,
Dan Benson of Wilbur Smith & Associates responded to questions concern-
ing how he arrived at the figures which are calculated on the strict
formula established by the federal government,
Whereupon Councilman Gilb, presented and read the title of Resolution No.
4912 entitled: '~RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA
AUTHORIZING THE ASSISTANT CITY MANAGER TO FILE WITH THE DEPARTMENT OF
TRANSPORTATION, URBAN MASS TRANSIT ADMINISTRATION, A GRANT APPLICATION
FOR OPERATING ASSISTANCE FUNDS UNDER THE URBAN MASS TRANSIT ACT OF 1964
AS AMENDED FOR FY 1979-80."
1
It was MOVED by Councilman Gilb, seconded by Councilman Saelid and carried
on roll call vote as follows that the further reading of the full text of
Resolution No, 4912 be waived and ADOPTED.
AYES
NOES
ABSENT :
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
Building Regulations set forth in Article VIII of the Arcadia Municipal
Code concerning adopting the National Electrical Code 1978 Edition, changes,
additions and deletions thereto and finding therefor, The Planning Director
explained that on June 3 Council had its first reading 0 f Ordinance No. 1707
relating to this and recited the sections to be amended, Consideration of a
new fee schedule for electrical purposes was also pursued. He noted that
the permit fees have not been increased since 1974 in the City.
Mayor Pellegrino declared the hearing open and no one desiring to be heard
the hearing was CLOSED on MOTION by Councilman Gilb, seconded by Councilman
Saelid and carried unanimously.
Councilman Dring then MOVED that the Negative Declaration be approved and
filed and that Council finds that this project will not have a significant
effect on the environment. Motion seconded by Councilman Haltom and carri-
ed on roll call vote as follows:
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
The Planning Director then presented and read the title of Ordinance No,
1707 entitled: "AN ORDINANCE OF THE CITY OF ARCADIA AMENDING CERTAIN
BUILDING REGULATIONS SET FORTH IN ARTICLE VIII OF THE ARCADIA MUNICIPAL
CODE, ADOPTING THE NATIONAL ELECTRICAL CODE 1978 EDITION, AND WITH CHANGES,
ADDITIONS AND DELETIONS THERETO AND FINDINGS THEREFOR,"
1
It was MOVED by Councilman Dring, seconded by Councilman
on roll call vote as follows that the further reading of
Ordinance No. 1707 be waived and INTRODUCED.
{
Haltom and carried
the full text of
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
It was submitted that the resolution on fees will be presented to Council
later and will become effective on the same date the ordinance becomes law,
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7-15-80
ROLL CALL
AGENCY CMNED
PROPERTY
RENTAL
1
w
'./". "'.
y..\J !f/
1~ J/
ADJOURNMENT
to da te
certain
25 :0077
Council adjourned in order to act as the
ARCADIA REDEVELOPMENT AGENCY
PRESENT:
ABSENT :
Members Dring, Gilb, Haltom, Saelid, Pellegrino
None
Request of Charles S. Batterson to rent the northeast corner of Second
Avenue and Huntington Drive to Hawkins Company to sell Christmas trees
during December for $800 plus the license fees and sales tax. The Agency
would be co-insured for liability coverage in the amount of $150,000 -
$300,000 and a deposit will be made to insure that the property would be
cleaned up after the rental period. This would be the same arrangement as
last year,
It was MOVED by Councilman Saelid, seconded by Councilman Dring and carried
on roll call vote as follows that the request be granted subject to all re-
quirements,
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
The meeting adjourned to 7 p.m. July 16, 1980,
COUNCIL RECONVENED
AUDIENCE PARTICIPATION
I
Milton Bade, 63 Birchcroft Avenue, referred to his proposed five unit
condominium which has been approved and expressed concern that a moratori-
um may come about prior to the time that he takes out their building per-
mit, He felt the approval was for a year in which to take out the permit,
He was advised that as of now a moratorium is not planned. Mr, Bade then
referred to developers who must pay two fees for thermal engineering..,
one to the thermal engineer and then a deposit to the city who in turn
sends the plans out to another thermal engineer, Two fees are involved.
Herb Fletcher, 175 W, Lemon Avenue, once again referred to the proposed
issuance of hospital revenue bonds by the City. He noted the amount of
interest to be paid through the 30 years and said he did not see how the
patients would benefit. He also felt Medicare is a questionable source
of income at this time, He referred to a section of the Ernest & Whinney
report in which there is reference made to inflation costs and that hos-
pital costs may rise 63%. He recited a recent instance on hospital costs
from a minor accident. He said the City should put some money in a fund
in the event it is sued,
Mrs. Johanna Hofer, 875 Monte Verde Drive, said in part that business
license fees should be increased; also on rents being raised especially
for the older people. She also asked that a copy of the Council Agenda
Packet be placed in the Library in addition to being available in the
Office of the City Clerk. The Librarian said in part that he has never
had any requests for the packet. He would be willing to have it at the
reference desk for the public. It was the consensus that this be given
a try and if it turns out that only Mrs, Hofer requests it at the Library
the t it be discontinued and remain only in the Office of the City Clerk,
Mrs, Helen Fontany, 1920 S, Seventh Avenue, spoke to an expenditure in
connection with purchasing material for the rubber pads at the Santa Fe
railroad crossings; that it appears to her to be a misuse of public funds,
She also said in part that Santa Anita Avenue is in need of resurfacing,
She then referred to the rules on Council voting; also getting some pur-
pose into the planning for the city so it could be a beautiful and out-
standing city built after its heritage,
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TRACT NO,
37278
Final
CONDITIONAL
USE PERMIT
LIGHTING
ATHLETIC
FIELD
METHODIST
HOSPITAL
(Parking
Structure
Driveway)
25:0078
William Knight, 57 W. Sycamore, representing the Santa Anita Oaks Home-
owners' Association, expressed appreciation to the City Council and staff
for the time and attention given to their problems,
At this point the City Manager read a letter from the Friedman Construction
Company which was presented to the City Clerk earlier concerning R-2 require-
ments and the proposed moratorium. It raised objections to the imposition
of any kind of moratorium.
Councilman Saelid commented in part in response to Mrs. Fontany ". that
it is gas tax monies which will be used to purchase the materials for the
rubber pads across the railroad tracks; that the expenditure will be for
safety and endurance, And in response to his inquiry about the paving on 1
Santa Anita the Director of Public Works explained that situation. Council-
man Saelid continued in part that each Councilman is doing his best to rep-
resent the feeling of the community; that they are not going to agree on
every issue but hopefully they will agree with most of them most of the time
that they will direct the City Manager in the carrying out of the policy that
is established,
Councilman Haltom said in part that he has been concerned about the expen-
diture for the improvement of the railroad tracks; that he could see allo-
cating it for something else. That it is the obligation of the railroad
company to resurface the tracks.
Councilman Gilb commented that the train traffic has increased at least
100%; that the vehicular approach is very bad and is in need of improvement
as a safety feature and he was strongly in favor of removing the hazard.
Reference was made to the staff report along these lines,
CONSENT ITEMS
APPROVED final map of Tract No. 37278 for a 9 unit condominium at 855
Arcadia Avenue subject to the condition that before the final map is
recorded all outstanding conditions of approval be complied with.
GRANTED a conditional use permit to construct a garage and industrial
complex at 136-140 St. Joseph Street,
INSTRUCTED the Director of Public Works to apply for 1980-81 SB 174
(Roberti-Z'berg Urban Open Space and Recreation Grant Funds) for the
Civic Center Athletic Field Lighting project and instructed the City
Attorney to sign as Counsel for the City,
THE ABOVE CONSENT ITEMS WERE APPROVED ON MOTION BY COUNCILMAN GILB,
SECONDED BY COUNCILMAN SAELID AND CARRIED ON ROLL CALL VOTE AS FOLLOWS:
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
1
Council reviewed the plans and elevations for the proposed parking
structure for ingress/egress driveway at the northeast corner of the
hospital site onto Civic Center Drive, Richard Hachten, Administrator
of the Hospital, introduced John Brown, with the firm of Neptune and
Thomas, who explained drawings indicating the location of the proposed
driveway which has been moved 5 feet to the west in deference to the re-
quest of Council.
It was MOVED by Councilman Gilb, seconded by Councilman Haltom and carried
on roll call vote as follows that the elevations and plans for the proposed
parking structure and addition be APPROVED.
AYES
NOES
,ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
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7-15-80
I
TRACT NO.
36895
(Bluth
Dave lopmen t)
1
25:0079
During this consideration Councilman Dring referred to a memorandum from
the City Attorney concerning statements made by Mr, Richard Strong of the
firm Gibson, Dunne and Crutcher, retained to advise the city on the City's
exposure in connection with the proposed issuance of revenue bonds for the
hospital. Councilman Gilb read the memo entoto.
Also during this deliberation, in answer to a question by Mayor Pellegrino,
Mr, Hachten said in part that the legal committee of the Board of Directors
still has the request of the Red Cross to locate on hospital grounds under
consideration, As to the possibility of a medical office building on the
grounds Mr. Hachten said this is not being pursued at this time,
Discussion ensued on the proposal of the hospital. . , that permission has
been received from Santa Anita Race Track to use 200 parking spaces on its
parking lot during daylight hours Monday through Friday exclusive of holidays
,.. that it would like approval of the installation of a temporary traffic
signal to be installed at hospital expense, constructed to City specifica-
tions, for employees to cross Huntington Drive .. the signal and crosswalk
would be adjacent to the existing hospital emergency room, It was the con-
sensus of the City Council that there must be another way to solve this
problem, one that would offer more safety to the employee, Staff will check
on this.
Staff advised that this agenda item has been scheduled in order for those
involved to be heard. It was noted that the grading permit which was taken
out for the project has not been signed off and will not be until grading
and drainage facilities have been constructed in accordance with the approv-
ed plans .,. the City is holding a $56,000 performance bond which will not
be released until all conditions have been complied with. Most of the ma-
jor grading and drainage construction has been completed, remaining are
some minor inconsistencies with the approved plan and these must be correct-
ed by the developer, The Planning Director explored the ,areas to be correct-
ed. Council received a copy of a report from the soils engineering firm of
R, T. Frankian & Associates. The City had also received a report from the
geologist employed by Mr. Bluth, the developer.
Charles P. Bluth, 250 Oakhurst Lane, explained in detail what he had been
able to accomplish during the storm periods to aid in cleaning up the mud
situations, He submitted photographs which were circulated for Council
review. These were taken right after the rains. Hydrology calculations
showing the amount of rainfall runoff occuring before the development and
after the development were explored, These were based on rainfall data
published by the County Flood Control District and are based on a 50 year
storm, A grading plan was also submitted for Council review identifying
areas as A - the portion of land tributary to the existing house on the
north side of Hillcrest Boulevard adjacent to Lot 15 and B - portion of
land tributary to the property lying westerly and adjacent to Lot 1. Run-
offs for these two areas were also indicated.
Mr. Bluth continued in part that he would do everything he could to remedy
situations caused by his development; that he is constantly watering in
order for the plantation to grow as fast as possible,
Dr. Frank Schoenholtz, 160 E, Sycamore Avenue, spoke in support of Mr,
Bluth and told what Mr. Bluth did to correct a bad situation at his house -
that he was assured that if the insurance company would not cover the ex-
pense he, Mr, Bluth, would personally guarantee payment. Dr, Schoenholtz
also commended the city staff on its help.
Fred Lindsey, 1245 Oakhaven, told of circumstances which Mr. Bluth helped
him with and of his willingness to correct problems to prevent damage. He
commended Mr. Bluth on what he is endeavoring to do with an area which was
practically a disgrace to the City and said the development will benefit
the City as a whole.
Irene Daly, 1300 Oakhaven Lane, also explained in detail what Mr. Bluth
had done to repair and replace a fence, trees and patio. That when her
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7-15-80
25:0080
entire house was flooded her insurance adjuster concluded that it was not
Mr. Bluth's fault because of the existing drainage system and the foliage
on the hill and the insurance company will take care of it.
During deliberations Mr. Bluth said the areas in question were not graded,
they were not touched, they were cut ... the mountain went up 120 feet and
50 feet of it was cut off... the natural slopes were not touched.
Elaine Hess, 1250 Oakhaven Lane, projected slides of her property and that
of the tract ... she explained each one and her endeavors to have Mr. Bluth
correct the situations. Mrs. Hess asked that some statement be made as to
whose responsibility it is to maintain the drain in an operating condition
and also who is liable if the drain does not function as it should. The
City Attorney said in part that there are too many factual issues to be de-
cided ... the extent of liability cannot be determined at this time.
I
The Director of Public Works said in part that the drainage construction
back of the Hess property conforms to the approved grading plan. The toe
of the slope within the 3 foot area which is encroaching toward the rear
property line of the Hess property is probably something which will have
to be established. As far as the adequacy of the toe drain to handle the
runoff from the slope upstream of the toe drain, it is more than adequate
to handle the runoff from the slope. Of course it will not handle any
drainage that is downstream of the toe drain.
Councilman Haltom said in part that he thinks the City has an obligation
to the people to see that their property is protected as well as an obli-
gation to the developer to see that he is not overly burdened with some of
the problems. That there is one thing which could be done and that is not
to issue any building permits until the issue is resolved ... until it is
known that the drainage is sufficient not to create the problem again.
Councilman Saelid submitted in part that first of all it should be deter-
mined if the City requirements are adequate - if they are it has then to
be determined that the construction is done in conformity with those re-
quirements and then define, if need be, who is responsible for doing the
work ... that the City does not sign off a job if the work is not done in
conformity with the requirements ... He continued in part that the fact
that the earth has filled in beyond the 3 foot set back to the toe of Mrs.
Hess' property is something that has to be corrected.
Councilman Gilb said in part that someone should determine if the drain
needs additional safeguards and report back to Council... perhaps there
is need for more than is required and noted that Mr. Bluth has said he
would be willing to do this.
Councilman Dring said in part that what has happened and who is at fault
is to a great extent none of the Council's business ... it is a conflict
between private property owners ... that Council has an obligation to
listen '" and to determine where the root of the problem might be...
Joseph Washburn, 325 Hillcrest, spoke to his problem and submitted pictures I
of the slope where the rain washed down grass seed planted by Mr. Bluth and
took the remaining water shed with it.
Marion Anderson, 1291 Oakglen, explained the problem she has been having
with her fence " that Mr. Bluth has assured her he will take care of it.
She also recited what occured when the drains were cleaned out... and
problems with her sprinkler system and her driveway.. that Mr. Bluth has
said he will take care of that also.
Helen Washburn, 325 Hillcrest, said the situation most likely will occur
again next winter. She also displayed some photographs and said in part
she would be pleased if Mr. Bluth would clean up her place.
Walter Kierstein, 1665 Alta Oaks, owner of 321 Hillcrest, said in part
he appreciates what Mr. Bluth has done to maintain the water flow but he
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7-15-80
CONTRACT
AWARD
I (Slurry
Seal)
CONTRACT
AWARD
(Gutter
Construction)
STORM
DRA IN
Advertise
for bids
I
CLAIM
DENIED
(Blanton)
25:0081
thinks the ditches should be a little more permanently entrenched ... that
at this time it is difficult to know what is going to happen with the condi-
tions that are now in evidence. Mrs. Kierstein also explained her concern
and expressed appreciation for the response from the city staff and Council.
Discussion ensued and it was the consensus that the recommendations contain-
ed in the report prepared by R. T. Frankian & Associates as to corrective
measures should be followed; that it is the responsibility of the City to
to insure that the developer meets the requirements of the code.
(TRANSCRIPT ON FILE IN THE OFFICE OF THE CITY CLERK).
Council received the results of bids and recommendation for the 1979-80
annual street maintenance - slurry seal Job No. 499. It was MOVED by
Councilman Gilb, seconded by Councilman Haltom and carried on roll call
vote as follows that the contract be awarded to the low bidder, Pavement
Coatings Company, in the amount of $25,655.25; that all other bids be re-
jected; that any irregularities or informalities in the bids or bidding
process be waived and that the Mayor and City Clerk be authorized to ex-
ecute the contract in form approved by the City Attorney. $29,000 was
appropriated from State Gas Tax Funds to cover contract costs, engineering,
inspection and contingencies.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
Council received the results of bids and recommendation for the construc-
tion of concrete gutters Job No. 500. It was MOVED by Councilman Saelid,
seconded by Councilman Dring and carried on roll call vote as follows that
the contract be awarded to the low bidder, Sully-Miller Contracting Com-
pany, in the amount of $61,323; that all other bids be rejected; that any
informalities or irregularities in the bids or bidding process be waived
and that the Mayor and City Clerk be authorized to execute the contract in
form approved by the City Attorney. $66,000 was appropriated from State
Gas Tax Funds to cover the cost of the project as well as engineering, in-
spection and contingencies.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
On April 1, 1980 Council approved an Agreement with Los Angeles County Flood
Control District for the construction of a storm drain in Foothill Boulevard
and Rancho Road .. This project, together with a storm drain in Arbolada
Drive and Oaklawn Road, is in the 1979-80 Capital Improvement Project Bud-
get. Plans and specifications have now been completed and have been approv-
ed by the District. It was MOVED by Councilman Saelid, seconded by Council-
man Haltom and carried on roll call vote as follows that the plans and speci-
fications be approved and that the City Clerk be authorized to advertise for
bids.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
On MOTION by Councilman Dring, seconded by Councilman Haltom and carried on
roll call vote as follows the claim of Kris J. Blanton was DENIED.
AYES
NOES
ABSENT:
Councilmen Dring, Haltom, Saelid, Pellegrino
Councilman Gilb
None
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7-15-80
CLA 1M
DENIED
(Madrid)
APPOINTMENT
ADJOURNMENT
TO DATE
CERTAIN
(July 16
7 p. m.)
25:0082
On MOTION by Councilman Dring, seconded by Councilman Haltom and carried
on roll call vote as follows the claim of Juan Madrid was DENIED.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
On MOTION'by Councilman Cilb, seconded by Councilman Haltom and carried
on roll call vote as follows Claude Hoard was reappointed to the Arcadia
Beautiful Commission for a four year term.
AYES
NOES
ABSENT:
Councilmen Dring, Gilb, Haltom, Saelid, Pellegrino
None
None
At 12:30 a.m., July 16 Councilman Saelid MOVED to adjourn the meeting to I
7 p.m. July 16 in memory of H. T. (Mick) Michler, who passed away July 11.
"Mr. Michler moved to Arcadia in 1947 and was ~lanager of the Pacific Tele-
phone office here in the City. He was a member of the Board of the Chamber
of Commerce for some years. He was Chairman of the Peach Blossom Festival
which was held some years ago. He was on the Board of Directors of the
Red Cross. He was on the Planning Commission for a number of years and
during that time he was Chairman. He was President of the Arcadia Rotary
Club, servirrg as District Goverrror of Rotary. He was on the Charter Board
of Directors of the Arcadia Methodist Hospital and served as its Secretary.
He was also in\Olved in the fund raising project for the hospital, going
door to door to raise furrds for the hospital. He had the gold shovel that
was used in the ground breaking ceremony of the hospital. He was also in-
volved in the fund raising for the City of Hope, a project known as Hope
Sunday. He was in the Order of Masons. He was a very active Republican,
particularly close with Ed Heistand. His service to Rotary and the com-
munity was recognized when Rotary built the Youth Hut at Longley Way
School and it was named after him. He is survived by his wife, Marnie, who
now lives in Monrovia, his daughter Joyce Brown of Idylwild, his son, John,
of Glendora .. seven grandchildren and three great grandchildren. In Pas-
tor Hagelganz' words "If you were to describe Mick with one word, what
would that word be? ... A true gentleman, loving, perfect, gallant, loyal"..
I Can only describe him as a very good friend, a man who was very interested
in his city and gave more than his share towards making this city a good
place to live. I think that we have those same qualities on our Commissions
today but Mick certainly set the standard. "
~~~~~
Mayor
ATlEST:
Mr4Ad ~Sr ~~A/
City Clerk
I
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7-15-80