HomeMy WebLinkAboutJANUARY 7,1975 (3)
1
ADJOURNMENT
I
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
ADJOURNED REGULAR MEETING
JANUARY 7, 1975
21 :8688
The City Council of the City of Arcadia, California, met in
adjourned regular session on January 7, 1975 at 7 p.m. in
the Arcadia City Hall Conference Room.
The City Manager and Council explored all items listed on
the agenda for the regular meeting to be held this date.
At 7:30 p.m., the meeting adjourned SINE DIE.
~~(
Christine Van Maanen
City Clerk
21:8689
CITY COUNCIL PROCEEDINGS ARE TAPE RECORDED AND ON FILE IN THE OFFICE OF THE CITY CLERK
I INVOCATION
PLEDGE OF
ALLEGIANCE
ROLL CALL
MINUTE
APPROVAL
HEARING
TRACT
NO. 31826
DENIED
113&0
IN FAVOR
I
IN OPPOSITION
MINUTES
CITY COUNCIL OF THE CITY OF ARCADIA
REGULAR,MEETING
JANUARY 7, 1975
The City Council of the City of Arcadia, california, met in regular
session on Tuesday, January 7, 1975 at 7:30 p.m. in the Council
Chamber of the Arcadia, City Hall
Rev. Margaret Stevens,' Santa Anita 'Church
Mayor Alton' E.' Scott
PRESENT:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
On MOTION by Councilman Gilb, seconded by Councilman Helms and carried
unanimously the minutes of the regular meeting of December 17, 1974
were APPROVED, On MOTION by Councilman Helms, seconded by Councilwoman
Lauber and carried unan,mously the minutes of the adjourned regular
meeting of December 23, 1974 were APPROVED.
This hearing was continued from December 17 to permit staff time to
submit additional information. , Council received the requested reports
with one tram the Fire Department indicating the cul de sac appears to
have an adequate radius for the turn around. This subdivision is
proposed for 232-250 LeRoy and 227-253 Naomi Avenues. The Planning
Commission recommended approval. The tract wouLd contain 16 lots which
meet or exceed the requirements. Reference was made to a lot split
which records indicate was made without giving thought to the legal
procedure.
Mayor Scott declared the hearing open and the following persons spoke:
Al Coke, representing the Meeker Development Company, submitted that the
concerns of Council had apparently been answered in the staff reports
and in response to an inquiry stated in part that there is to be a
monetary consideration between the developer and the realtor involved in
the transaction for the sale of 238, LeRoy - specifically the rear
portion of this property. A document has not been recorded signifying
the designation of a separation of the two lots between the two
owners. He said he saw noth,ng wrong with that premise provided the
owners have an agreement between themselves as to what is transpiring
with the property. The developer wouLd have no interest with the front
portion of this lot - only the rear which is to become a part of the
tract. He read a communication from the realtor to the title company
concerning a signed notarized unrecorded deed to this rear 130 feet,
indicating that same would be forwarded to the title company at the time
the Title Company is in a pOSition to record.
David Schaeffer, 240 LeRoy, spoke ,n favor and referred to the petition
therefor. He felt Council has received the data it had requested and
asked for approval.
Andrew Costello, 271 LeRoy, felt the City is overbuilding and that from
what has transpired thus far there are sufficient problems to deny the
subdivision.
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John Shepherd, 261 LeRoy, was concerned for the safety of the children
in the area --- there are three schools close by - the traffic would
increase. He felt the subject deep properties could be readily sold
and asked for denial.
Phelps W. Wood, 300 LeRoy, referred to other'unapproved lot splits in
the area and felt it would not be too long before developers would
want to acquire some of his property. He felt the street would be too
narrow without any provision for setbacks. He asked for denial. During
this presentation he was advised that the Fire Department had reported
that the radius is sufficient.
The Planning Director explained that the paved area of the street would
be 36 feet and the radius of the cui de sac would be 38 feet. The homes
would all be constructed with 25 foot tront setbacks - which means 32
feet from the face of the curb of the new street. The new street would
be the same paved width that most other streets have.
I
Dave Thompson, 232 LeRoy, asked Council to consider the increased
traffic which would come to LeRoy.. and referred to the crossing used
by students at the corner of LeRoy and El Monte. He indicated that
only one owner on LeRoy is in favor of the tract. He suggested that
if a subdivision must be created that it be made to flow into Naomi.
He said the addresses of those in opposition are 232, 238, 250 is to
be demolished and 260 - 240 is in favor. He felt the approval of this
tract would encourage future lot options between owners and aevelopers
which could lead to landlocked parcels and asked for denial.
Mrs. Johanna Hofer, 875 Monte Verde Drive, asked for consideration for
the safety ot the children in the area.
R. W. Maloney, 260 LeRoy, felt he has been treated unfairly and asked
for disapproval of the tract. He asked for consideration for the safety
of the children going co the three schools.
G. K. Gillespie, 251 LeRoy, (across the street) hoped the tract would
not be approved as they had moved from one residence with a similar
situation.
In response to a request the City Attorney submitted his analysis of
the implication of illegal lot splits pursuant to the Arcadia Municipal
Code Sections 9121.1 and 9121.2 relating to the applicable prohibition
against the division of a lot. His report reflected that investigation
revealed only one such illegal lot split (1971) in which the original
owner retained the rear portion but is no longer active in the area.
He continued in part that while the City should not condone the practice
of developers obtaining landlocked parcels through illegal lot splits
in order to acquire a sufficient area to justify a subdivision, it
should not penalize the innocent owners of property who desire to sub-
diVide in accordance with appropriate regulations merely because one
of their number had attempted to create an illegal lot. (Report dated
December 20, 1974.)
Bonnie Shepherd, 261 LeRoy, felt that the residents move into the 1
large properties by choice rather than living in densely populated
areas. She also mentioned the number of children residing on the
street and asked for denial.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Helms, seconded by Councilman Gilb and carried unanimously.
Councilman Helms spoke at length regarding the manner in which the
deeds involved in the illegal lot split were handled; that if a survey
were taken in the Baldwin-Stocker area it would probably reveal about
20 to 30 percent of the lots were illegally split at one time or
another. He felt Council should not condone this and it probably
occurred because the City did not obtain the information in time..
that escrows have been opened prior to the time the City received the
data concerning a recorded deed. It appears to him to be a designed
planned program to cloud the matter when it does appear before
Council. He would like to pursue it further with the principals.
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Councilwoman Lauber stated in part that it is probably true about the
division of property in the past - that she had seen it during her
tenure on the Planning Commission. However the subject tract does
meet requirements; it was approved unanimously by the Commission.
She felt Council should not deny this in view of all the other tracts
which were put together in the same manner. She noted that all the
property owners on Naomi are in' favor.
I
Councilman Saelid spoke to the unrecorded lot split (rear of 238
LeRoy) which could not be legally recorded as the realtor did not
want to violate the law. He said he had visited the property and was
informed that the owners of the front parcel desired to acquire the
rear portion if the subdivision did not become a reality. In answer
to a question he said the matter of an illegal lot split did not come
up at the Planning Commission level.
John Camphouse, 238 LeRoy addressed himself to questions propounded
by Council stating in part that he purchased the property with the
realization that the development was a possibility. He would prefer
it not to go through. However, at the time he purchased the property
it was understood that the developer would be able to have the rear
130 feet, if not, he (Mr. Camphouse) would then have the opportunity
to acquire this parcel. He said there was a monetary consideration in
his transaction although the Grant Deed does not reflect documentary
transfer stamps. This he had requested and the stamps were placed on
a separate document which was recorded. He understood that the deed
to the rear portion was not going to be recorded until and unless the
subdivision were approved.
With reference to the unanimous approval by the Planning Commission
Councilman Helms stated in part that the Commission is concerned with
technicalities, i. e., whether or not a tract meets code requirements,
whereas Council has to consider the effect on the entire community.
That to deny the tract due to the illegal lot split would not be
penalizing the owners of the property as they have all but one ex-
pressed opposition. That with respect to future lot splits Council
should now make a decision and acquaint the people of the community
with the laws - that if Council did not take some action in this regard
it could expect a proliferation of this type of activity.
It was MOVED by Councilman Helms, seconded by Councilman Saelid that
the subdivision be DISAPPROVED due to the illegal lot splits.
Councilman Gilb expressed concern for those property owners who would
be penalized and who desired to dispose of a portion of their lots due
to the economy and maintenance of the deep lots.
I
The City Attorney explained that one possible way to rectify the
situation would be to transfer both parcels into a common ownership
and alleviate the lot split problems. The tract could then come before
Council once more.
In casting her 'no' vote Councilwoman Lauber stated for the record
that it is because she feels this would be discriminating against this
one subdivision - that she knows of dozens of others which have been
before Council in the past with the same situation; that if a hard line
is going to be drawn everyone should be put on notice and have it
firmly understood that this will be one of the criteria from this time
forward.
In casting his 'aye' vote Councilman Saelid stated that he had not done so
strictly on the basis of the ille~al lot s~iit. He felt residents should
think very carefully as to whether or not they wanted to retain the deep
lots - that when a subdivision is proposed wh,ch meets all code require-
ments Council really has no choice other than to approve it except in
situations which have occurred in the subject instance.
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HEARING
Street
Vacation
(Indiana)
3- )~51
21: 13692
Councilman Gilb commented that as far as the deep lots are concerned,
economically, property owners are running into a situation where many
cannot afford to maintain them, pay the taxes, etc... he felt those
property owners deserve 'consideration also.
Mayor Scott submitted in part that it is difficult for Council to deny
a subdivision when it is adequately and properly planned according to
code requirements but expressed concern as to the position Council would
be in if it should approve a tract with the knowledge of an illegal lot
split therein. However, if the subject tract were brought back without
these problems he thought he would probably have to look favorably upon it.
altho how does one know how he is going to vote say six months hence.
Roll call was then taken on the Motion to deny.
I
AYES:
NOES:
ABSENT:
Council Members Helms, Saelid, Scott
Council Members Lauber, Gilb
None
This hearing was scheduled pursuant to the provisions of Resolution
No. 4471 declaring intention to vacate a portion of Indiana Street as
described therein. It was noted in the document that this property is
no longer needed for public use. No objections had been received from
the Utility Companies, the Flood Control District or the Santa Fe
Railroad, however, easements will be reserved for all purposes necessary
to properly maintain facilities. An Environmental Impact Report was
submitted to Council.
Mayor Scott declared the hearing open and Mrs. Johanna Hofer, 875
Monte Verde Drive, felt Indiana Street is used and referred to its
connection with CRA. She suggested CRA funds be used for a municipal
auditorium.
No one else desiring to be heard the hearing was CLOSED on MOTION by
Councilman Gilb, seconded by Councilman Helms and carried unanimously.
Councilman Helms then MOVED that Council determine this project will
not have an adverse effect on the environment and that the subject
portion of Indiana is no longer necessary for public street purposes
(Legal description below). Said property would not include approxi-
mately 6 feet of the northeasterly side due to the fact there is a
legal encroachment on the pre-existing portion by the Santa Fe Railroad
for a retaining wall. The City Attorney was directed to prepare the
appropriate resolution. Motion seconded by Councilman Gilb.
LEGAL, DESCRIPTION: Beginning at the intersection of the southwesterly
line of said Indiana Street and a line that is
parallel with and distant easterly 40 feet from
the centerline of First Avenue as shown on the map
of said tract, thence southeasterly along said
southwesterly line to a line that is parallel with
and distant northerly 50 feet from the center line I
of Huntington Drive (shown as Falling Leaf on said
map); thence easterly along last said parallel line
to the northeasterly line of said Indiana Street;
thence northwesterly along said northeasterly line
to first mentioned parallel line; thence southerly
along last said line to the point of beginning.
Councilman Saelid commented that Council is aware of his views concerning
eRA, however, in this instance, regardless of whether or not there was a
CRA, it would encourage develo~ment in the area and that he feels it is
a proper action.
Roll call was then taken on the MOTION.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
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TRACT
NO. 31634
HEARING
SCH7D
t"oo~,
AGE REDUCED
FIRE DEPT.
l t', 8-JJ-
AFFIRMATIVE
ACTION PLAN
IN
EMPLOYMENT
I R...-AAP
21 :8693
A time extension on conditional use permit 72-16 had been granted to
January 3, 1975. The tentative map, of Tract No. 31634 was also before
Council. Property in question is located at 343 W. Colorado Boulevard.
Council received staff reports.. Due to the additional requirements as
submitted Council expressed a desire to hold a public hearing with
notification to all property owners and the adjacent area. It was
MOVED by Councilman'Helms; seconded 'by Councilman Saelia and carried
on roll call vote as 'follows 'that the conditional' use permit be
exterided, fa 'February 4; that a ~ublic hearing'be scheduled for said
date for the conditional use permit and the tentative map of Tract
No. 31634.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
On MOTION by Councilman Gilb, seconded by Councilwoman Lauber and
carried unanimously the recommendation of the Personnel Board was,
APPROVED whereby the minimum age for appointment to the position of
Fireman will be reduced from 21 to 18 years. It was pointed out that
the Fire Chief explained reasons before the Personnel Board which
considered the matter in depth.
It was MOVED by Councilman Gilb, seconded by Councilwoman Lauber ard 'carried
unanimously that tpe,Affiimative Action Plan'in Employment, be, APPROVED. It
was noted that changes may be made at a later date. It was MOVED by
Councilman Helms, seconded by Councilman Gilb and carried unanimously
that the Plan be referred back to the Personnel Board for further
review. This Plan is required in requesting use of Federal Highway Funds.
PERSONNEL On MOTION by Councilman Gilb, seconded by Councilwoman Lauber and carried
SECRETARY unanimously the class specifications for the position of Secretary were
I ~ 'cl-!--- changed to reduce the shorthand speed from 110 woros per minute to toO
", J, ,~'words per minute and to allow applicants to be considered on the basis
0Jl}jJJ1...(',,'~!J1o<of a combination of their education and experience rather than absolute
minimums in their education or experience. This was recommended for
approval by the Personnel Board.
The building at 53 E. Huntington Drive has been vacant for some time
but has recently been purchased and is proposed for remodeling. In
order to provide an exit to comply with Fire Codes a stairway leading
f::>J} J (\ from the second door to ground is proposed to be constructed by
~ .f~bridging over and descending to the public walkway. Carl Gaede,
1 architect for the remodeling, explained what is planned. The Parking
Place Commission recommends approval with conditions as set forth in
the communication dated January 3, 1975. Council considered the period
of encroachment and it was determined that the permit be for 25 years.
Whereupon it was MOVED by Councilwoman Lauber, seconded by Councilman
Gilb and carried on roll call vote as follows that the permit be granted
as requested and that the agreement'indicate a period of 25 years for
the encroachment.
PUBLIC WALKWAY
ENCROACHMENT
p:
1
RECESS
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Mayor Scott called a recess in order for Council to consider items as
the Community Redevelopment Agency.
AUDIENCE PARTICIPATION
Mrs. Johanna Hofer, 875 Monte Verde Drive, referred to a recent meeting
on Capital Projects and expressed disappointment that so few citizens
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WESTERNER
(DANCE PERMIT)
extended to
July 15
j- , evdvLu.-L-
:P,) "'-'.L.f:--
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21 :8694
attended. She referred to the action of Council in reducing the age of
firemen from 21 to 18, particularly as it relates to paramedics. Also
to the reduction in the skill of a Secretary;and to the expenditure
and procedure involved in the establishment of a street and then its
subsequent vacation, namely Dearborn Street as listed on the agenda.
Councilman Gilb commented that there are 17 year old paramedics in
the Marine Corp. Councilwoman Lauber stated for the record that
Dearborn Street does not exist and the report indicated that it is in
the Chicago Park area and is in name only.
Sherry Passmore, 1109 Columbia Road, suggested that the City develop
some type of contract and length of time it will loan money to CRA;
that there is no benefit to the taxpayer from the tax increment until I
debts are paid back; that under the present agreement the Agency does
not have to pay back a'loan to the City unless and until it has the
funds so to do. 'She was advised that Council and the Agency will have
to determtne when a loan has to'be paid back.
Herbert Fletcher, 175 W. Lemon Avenue, referred to the general economic
situation and asked Council to consider delaying some of the projects
itemized in the Capital Projects Program.
The City Manager reported on the findings as requested by Council on
the parking situation at the Westerner Restaurant. The Chief of Police
reported that the barricading of San Juan at Santa Rosa did not seem to
deter vehicles from reentering at other locations, parking and walking
to the restaurant. The temporary closure was from 10 p.m. to 2 a.m.
Friday and Saturday evenings with security guards present. 'Discussion
ensued on solutions and it was the consensus that the dance permit be
renewed for a specific period; during the interim these solutions be
fully explored. Whereupon it was MOVED by Councilman Gilb, seconded by
Councilman Helms that the dance permit be renewed to JULY 15, 1975.
Marty Yurich, owner-operator of the restaurant, explained efforts to
obtain additional parking space and his willingness to continue the
security guard contr'ol of traffic until a solution has been determined.
Brian Rowe, 143 Santa Cruz, recited his efforts to enter his driveway
recently and d~not feel any improvement has been experienced thus far.
Mary McMath, 200 Santa Rosa Rd., suggested 'no parking signs' during
specific hours, i. e., 10 p.m. to 2 a.m. She felt the situation has not
improved.
An amendment to the Motion was MOVED by Councilman Helms, seconded by
Councilwoman Lauber and carried on roll call vote as follows that a
security guard be required on the premises to assist in traffic control
during all hours there is dancing at the restaurant.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
1
Mayor Scott commented that he voted 'aye' but believes it is an
in~ustice to the applicant because this is not required of other
restaurants where dance permits have been issued.
Roll call was then taken on the primary Motion to extend the dance
permit to July 15 which would include the requirement for a security
guard on the premises to assist in traffic control during all hours
there is dancing at the subject location.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Councilman Helms further MOVED that staff continue its study of the
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CONTRACT
AWARD
Landscape
Maintenance
I 3-~JC
CONTRACT AWARD
Water Main
Trench
:3- : 1~2-
.
ITREET~
ACATION
(Dearborn)
Hearing to
be scheduled
MEDIAN CLOSURE
Huntington
Drive
ACCEPTED
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. ~" .
0'
21 :8695
parking problem and subinit a further report to Council by the
February 4th meeting. Motion seconded by Mayor Scott and carried on
roll call vote as follows:
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Council received the bid results as follows and staff recommendation
concerning beautification of landscaped areas.
(for 1 year
Environmental Care, Inc.
Turf Management, Inc.
Duke's Landscape Service
contract)
$71,500
76,980
90,960
It was MOVED by Councilman Helms, seconded by Councilwoman Lauber and
carried on roll call vote as follows that the contract for one year
service be awarded to the Environmental Care, Inc., in the amount of.
$71,500; that the sum of $450 be approprlated from the General
Contingency Fund to pay the projected budget deficit; that any
irregularities or informalities in the bids or bidding process be
waived and tnat the Mayor and City Clerk be AUTHORIZED to execute the
contract in form approved by the City Attorney.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Council received the bid results and staff recommendation for award
concerning the resurfacing of a water main trench on Santa Anita from
Woodland Lane to Orange Grove.
Larsen Construction
Alta-Glendora
Crowell & Larson
Bechtel Paving
Kirkland Paving
$2,650
4,800
6,965
7,300
8,400
'It was MOVED by Councilman Gilb, seconded by Councilman Saelid and
carried on roll call vote as follows that the contract be awarded to
Larsen Construction in the amount of $2,650; that any irregularities or
informalities 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. Funds are budgeted.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Council received a petition from property owners requesting the
vacation of Dearborn Street between Peck Road and Myrtle Avenue. Staff
indicated the street is unnecessary and economically impossible for
present or future public purposes. Whereupon it was MOVED by
Councilman Helms, seconded by Councilman Gilb and carried unanimously
that the request be granted and that the City Attorney prepare the
appropriate resolution of intention setting forth the date for a public
hearing.
Council had approved the design concept of barriers for Huntington
Drive and one of the conditions of approval was that the proposed system
would be ready for use prior to the opening of the race meet. The work
has been completed at a cost of $23,187.68 not including the fee of the
architect which has all ,been paid by Santa Anita Associates. It was
MOVED by Councilman Gilb, seconded by Councilman Helms and carried
unanimously that the improvements be accepted and that the City assume
the ongoing maintenance of the plant materials.
1-7-75
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LAS TUNAS
IMPROVEMENT
JOB 434
Median
deleted
q- /3%A
LIBRARY CARPET
REPLACEMENT
Authorized
9-4-7 ~,
ADJOURNMENT
11:10 p.m.
,21:8696
Council received a petition signed by businessmen in the area of Las
Tunas Drive between El Monte and Live Oak asking for the deletion of
the proposed median divider strip and concrete paving. Reasons for
said request were set forth in the petition.
Al Little, representing the businessmen of said area, elaborated on
the request and stated in part that there would be a loss of business
and mentioned the length of time it wouLd take to complete the median
and that patrons are hesitant to go out of their way to reach a specific
business and asked Council to grant the request. Councilman Helms spoke
to th~ submitting that in his opinion the street is safer now than it
would/i~ the divider were constructed; that it would really be more of
a detriment to the businesses than it would be a benefit to the City.
Discussion ensued on this and the type of lighting needed for the area.
The Director of Public Works explained what LS contemplated. Whereupon
it was MOVED by Councilman Helms, seconded by Councilman Gilb and
carried on roll call vote that the median construction and concrete
paving be DELETED and that staff continue to explore the feasibility
of lighting improvement. and the resurfacing of the roadway.
1
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
Upon recommendation of staff it was MOVED by Councilman Helms, seconded
by Councilwoman Lauber and carried on roll call vote as follows that
carpeting tor the rear entry and work areas of the Library be replaced;
that the material be purchased from the Stevens Floor Covering Company
in the amount of $968 which includes the removal of the old carpet,
sanding and smoothing the tloor and replacement with Ozite Carpeting
with regular backing, cement the carpet to the floor and furnish and
install new topset base. With an appropriation of $968 from the
General Contingency Account.
AYES:
NOES:
ABSENT:
Council Members Gilb, Helms, Lauber, Saelid, Scott
None
None
It was MOVED by Councilman Helms, seconded by Mayor Scott and carried
unanimously that staff be AUTHORIZED to notify Los Angeles County and
HUD (Department of Housing and Urban Development) that the City does
not at this time propose,to be a part of the county program for
community redevelopment.
Councilman Gilb was informed as to what the State will do with relation
to the signing of Baldwin Avenue at the 210 Freeway offramp; that the
Director uf Public Works will submit a report on this and also what is
contemplated for the traffic situation at Holly and Norman Avenues.
Councilman Saelid was informed that the Police Chief is currently
working on solutions for the traffic problem on Holly Avenue.
1
The City Attorney advised he will soon move into the City.
It was MOVED by Councilman Helms, seconded by Councilman Saelid and
carried unanimously that the meeting ADJOURN to January 21, 1975 at
7 p.m. in the Conference Room.
G~~' ~
Mayor
ATTEST:
a~;b4(j~ ~
City Clerk
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