HomeMy WebLinkAbout08/09/1954 - Regular MeetingAugust 9, 1954
A letter from L. E. Piper, 1300 West Balboa Blvd., complain -
L. E. Piper complained ing about view obstruction caused by the planting of trees, and a
about trees obstructing petition bearing 32 signatures protesting the planting of six trees
his view at 1300 W. Balboa in the sidewalk in that vicinity, were read. On motion 6 Councilman
Bld. Bennett, seconded by Councilman Smith and carried, protest was taken
under consideration.
Broering Entered) Councilman Broering entered and took his seat at 7 :40 p.m. '
Petition protesting paving A petition bearing 61 signatures protesting the paving of
of portion of Cove St. in a portion of Cove Street in China Cove, was presented and on motion
china Cove-- of Councilman Bennett, seconded by Councilman Broering and carried,
was ordered filed.
Petitions, communications Communications from Commission on Education of Christ Church
protesting the sale
of by the Sea; the 4th District Juvenile Protection Committee of Parents
The City Council of the City of Newport Beach met in
"Horror" magazines.
Urgingand Teachers; the Catholic Women's Council; and the Harbor Council
regular session in the Council Chamber of the City Hall at 7 :30 p.m.
prohibition of their
sale. of Church Women, protesting the sale of ',horror" comics and urging
The roll was called, the following members being present:
'
Roll Call
Smith, Miller, Bennett, and Hill. Councilman Broering being absent.
to minors, were read. On motion of Councilman Broering, deconded
On motion of Councilman Smith, seconded by Councilman
K'
Minutes Approved
Miller and carried, reading of the previous minutes was waived
draft ordinance.
to draft an ordinance prohibiting such sales.
and they were declared approved as written.
Requests for repair
Demands approved
Regular monthly demands, having been approved by the Finance
sidewalk: Stillman,
Neitz,Stillman, 219 Marigold Avenue, Corona del Mar; Mrs. Ann Neitz, 714
Committee, were approved and ordered paid on motion of Councilman
Martin, Broering.
W. Ocean Front, Balboa; Susan Sherrill Martin, 118 Amethyst Ave,
Bennett, seconded by Councilman Smith and carried by the following
Balboa Island; and Marjorie Broering, 120 Amethyst Ave, Balboa Island.
roll call vote, to wits
On motion of Councilman Broering, seconded by Councilman Smith and
AYES, COUNCILMEN: Smith, Miller, Bennett, Hill.
carried, the requests were ordered filed.
NOES, COUNCILMEN: None
Leo B. Kirchner withdrew A communication from Leo B. Kirchner withdrawing his appli-
ABSENT COUNCILMEN: Broering
break-cation for a curb break permit on Balboa Blvd., was ordered filed
COMMUNICATIONS.
on motion of Councilman Broering, seconded by Councilman Smith and
A letter from L. E. Piper, 1300 West Balboa Blvd., complain -
L. E. Piper complained ing about view obstruction caused by the planting of trees, and a
about trees obstructing petition bearing 32 signatures protesting the planting of six trees
his view at 1300 W. Balboa in the sidewalk in that vicinity, were read. On motion 6 Councilman
Bld. Bennett, seconded by Councilman Smith and carried, protest was taken
under consideration.
Broering Entered) Councilman Broering entered and took his seat at 7 :40 p.m. '
Petition protesting paving A petition bearing 61 signatures protesting the paving of
of portion of Cove St. in a portion of Cove Street in China Cove, was presented and on motion
china Cove-- of Councilman Bennett, seconded by Councilman Broering and carried,
was ordered filed.
Petitions, communications Communications from Commission on Education of Christ Church
protesting the sale
of by the Sea; the 4th District Juvenile Protection Committee of Parents
"Horror" magazines.
Urgingand Teachers; the Catholic Women's Council; and the Harbor Council
prohibition of their
sale. of Church Women, protesting the sale of ',horror" comics and urging
the adoption of an ordinance prohibiting the sale of such magazines
to minors, were read. On motion of Councilman Broering, deconded
C. Atty. instructed
to by Councilman Smith and carried, the City Attorney was instructed
draft ordinance.
to draft an ordinance prohibiting such sales.
Requests for repair
of Requests for repair of sidewalk were received from: Ann R.
sidewalk: Stillman,
Neitz,Stillman, 219 Marigold Avenue, Corona del Mar; Mrs. Ann Neitz, 714
Martin, Broering.
W. Ocean Front, Balboa; Susan Sherrill Martin, 118 Amethyst Ave,
Balboa Island; and Marjorie Broering, 120 Amethyst Ave, Balboa Island.
On motion of Councilman Broering, seconded by Councilman Smith and
carried, the requests were ordered filed.
Leo B. Kirchner withdrew A communication from Leo B. Kirchner withdrawing his appli-
application for curb
break-cation for a curb break permit on Balboa Blvd., was ordered filed
on motion of Councilman Broering, seconded by Councilman Smith and
carried.
Pledge of support in
trol of Easter Week.
con- A pledge of support to the program for improving conditions
during Easter to the
'
Week, pledging every effort enforce curfew
416 signatuues.
and other control ordinances, bearing 416 signatures, was presented
and on motion of Councilman Broering, seconded by Councilman Smith
and carried, was ordered filed.
High School requested vari- Newport Harbor Union High School requested a variance from
ance from Bldg. Code to al -the Building code to permit the use of vitrified clay pipe instead
low use of Clay pipe in- of cast iron pipe in connecting the new high school building to the
stead of required cast ironcity's sydtem. On motion of Councilman Miller, seconded by Council -
D�N1ED request. man Broering and carried, the requested variance was denied.
Sam Hill protested bay pol- A letter from Sam Hill, 1316 West Bay Ave, Newport Beach,
lution and called atten- urging that steps be taken to control bay pollution from boats
tion to one boat near him. moored off shore was read and on motion of Councilman Broering, the
Harbor Master was instructed to investigate a boat moored in front
of the Hill residence and made a further check on all boats moored
without shore facilities. Motion seconded by Councilman Bennett and
carried.
C. Atty. instructed to sur- On motion of Councilman Smith, seconded by Councilman Broer-
vey Code res bay pollution ing and carried, the City Attorney was instructed to survey the
and control, coverage of bay pollution provided by existing ordinance and report
to the council.
Alcoholic Beverage licenses Copies of applications to the State Board of Equalization
filed with St. BD of Equal -for alcoholic beverage licenses by Robert Roubian, Henrietta E. '
ization. Roubian, SwaffordtSwafford, John R. Pargmann, and Darrell M. Harmon were presented
Pargmann and Harmon. and on motion of Councilman Bennett, seconded by Councilman Miller
and carried were ordered filed.
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The Regional water Pollution Control Board No. 8 requested Regional 1,jater Pollution
reports on possible health hazard and water pollution caused by Control Bd No. 8 request
the temporary or accidental discharge of sewage. On motion of for report of temporary
Councilman Miller, seconded by Councilman Broering and carried, sewage leak etc.
the letter was ordered filed.
A letter from the women of Newport Island, bearing 21 sig-
natures, urging street cleaning on the Island was read', together
with a letter from the Street Superintendent setting Thursdays
between 9 and 11 a.m. as the period during which the street
sweeper is on the Island. On motion of Councilman Broering,
seconded by Councilman Bennett and carried, the letter was
ordered. filed.
The Park, Beach & Recreation Commission asked that the
triangle traffic island at the intersection of "G" Street and
Ocean Boulevard in Balboa be planted- -the informal estimate of
the City Engineer being $750. On motion of Councilman Bennett,
seconded by Councilman Smith, the project was approved and the
appropriation authorized by the following roll call vote, to wit:
Npt. Isl. women request
street sweeper and offer
to clear cars from sts.
P.B.&R. Comm. recornmienda
tion to plant traffic
triangle at °G° St &
Ocean Blvd, Balboa ap-
proved.
AYES:. COUNCILMEN: Broering, Smith, Miller, Bennett, Hill
1 NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The Park, Beach & Recreation Commission recommendation P.B.&R. Com. recommenda-
that the City Engineer prepare plans and specifications for the tion start work on Carna
grading and slope planting of Carnation Park, Corona del Liar, tion Park, CDAI, at 113500
at an estimated cost of $3500, was approved and the City Engineer approved,
instructed to prepare the requested plans and specifications and
call for bids, on motion of Councilman Bennett, seconded by
Councilman Smith and carried by the following roll call vote, to wit:
' AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill,
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The recommendation of the Park, Beach & Recreation Com- P.B.&R. Comm. recommen-
mission that the City Council appoint a full time recreation dation for full time
director, one quarter of the cost to be carried by the high recreation director
school district tax, was ordered filed on motion of Councilman filed.
Bennett, seconded by Councilman Miller and carried.
A letter from Fire Chief, R. J. Briscoe, pointing out Fire Chief pointed out
that improvement of streets and alleys in the west Newport area that improvement of sts
from 31st Street to 5+th Street would make the area more accessible alleys 31st St. to 54th
to fire apparatus was filed on motion of Councilman Broering,
seconded by Councilman Bennett and carried.
The request of the Newport Harbor Veterans Organizations, �',v1000 appropriated to
Inc., for $1000 to cover expenditures of Veterans Day commemoration Npt. Harbor Veterans Or
November 11th was granted and the appropriation authorized on motion ganization for Nov, ll�'
of Councilman Bennett, seconded by Councilman Miller and carried commemoration.
by the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMEN: None
The City Manager recommended that future lease renewals Municipal Trailer Park
' at the Municipal Trailer Park be written to expire not later policy adopted. No more
than September 30, 1955, and that no leases be written after leases to be written
April 1, 1955, in view of the proposed conversion of the trailer after 4-1 -55.
park to a public beach. On motion of Councilman Smith, seconded
by Councilman Broering and carried, the recommendation was approved.
LICENSES:
The application of Kenneth Dell for a license to sell Kenneth Dell appl °n t^
Fuller Brush Products house to house, the $100 fee being paid sell Fuller Brush Prod.
under protest, was granted on motion of Councilman Bennett, seconded Granted
by Councilman Miller and carried.
The application of Pin -up Cafe, Inc., for a license to Pin -up Cafe, Inc. to op
operate a cafe and dancing at 107 21st Street, Newport Beach, erate cafe & dancing.
was granted subject to investigation and approval by the Police Granted subj. to P.D.
Department on motion of Councilman Bennett, seconded by Council- approval.
man Broering and carried.
The application of Carl H. Ernst for an exempt license Carl H. Ernst appl °n foi
to conduct city directory enumeration in the city.was referred B_.mpt lie. for city di-
' to the City Attorney on motion of Councilman Smith, seconded by rectory to C. Atty.
Councilman Broering and carried.
UNFINISHED BUSINESS:
The application of Blanche Gates for a permit to break Blanche Gates curb br?
' the curb at 136 Topaz Avenue, Balboa Island, was denied on motion permit denied, 136 Topa.
of Councilman Broering, seconded by Councilman Smith and carried
by the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, and Hill.
• NOER, COUNCILMEN: Miller, Bennett.
ABSENT COUNCILMEN: None
The recommendation of the Harbor Master that a swimming Designation as shimming
area be established on the south bay front on Balboa Island be- area at So Bay Front be-
tween Ruby Avenue and Diamond Avenue, was again taken under con tween Ruby & Diamond ag_7'.1 .
held over.
Im
Signal Oil Co. permit for The application of Signal Oil Company for a permit to
2 underground gas tanks install two underground gasoline tanks at the Northwest corner
Granted. of 32nd Street and Newport Boulevard, hating been approved by •
the Fire Prevention Bureau was granted on motion of Councilman
Smith, seconded by Councilman Miller and carried.
M & S Maint. appl °n to in- The application of M & S Maintenance Construction for
stall 4 underg®ound gas a permit to install four underground gasoline storage tanks at the '
tanks Granted. Southeast corner of Goldehrod and Coast Boulevard, Corona del Mar,
having been approved by the Fire Prevention Bureau was granted
on motion of Councilman Smith, seconded by Councilman Miller and
carried.
Cliff Haven sewerage sys- Petitions bearing 85 signatures urging that steps be
tem petitions for assess- taken for the construction of a sewerage system in Cliff Haven
ment district. and a letter from the Health Officer recommending that proceedings
be instituted as a measure necessary for the protection of public
health and pursuant to §2808 of the Streets and Highways Code were
C. Engr. instructed to presented. On motion of Councilman Smith, seconded by Councilman
commence proceedings. Bennett and carried, the City Engineer was instructed to take
the necessary steps to prepare an assessment district, for the
purpose of omstructing the requested sewers.
Oath of Office, Barclay The oath of office of Barclay T. Cook as a patrolman
T. Cook, Patrolman. was approved on motion of Councilman Bennett, seconded by Council-
man Miller and carried.
Oath of Office, Hugh R. The oath of office of Hugh R. McMillan as an operator in
McMillan, Fire Dept. the Fire Department, was approved on motion of Councilman Miller,
seconded by Councilman Bennett and carried.
Oath of Office, Dorrance The oath of office of Dorrance R. McClure as harbor
R. McClure, Harbor Patrol patrolman was approved on motion of councilman Bennett, seconded
by Councilman Miller and carried.
A. B. Cubbage app °t to Mayor Hill appointed A. B. Cubbage to the Park, Beach & '
PB&RC to fill Mrs. Soder- Recreation Commission to fill the unexpired term of Mrs. Ernest
berg's unexpired term. Soderberg, and the appointment was confirmed on motion of Coun-
cilman Smith, seconded by Councilman Broering and carried.
Protest of marque at 3G7- Attorney William Christenson, speaking from the floor
309 Marine Ave, Bal.ISl. protested the erection of a marque at 307 -09 Marine Avenue,
Referrod to C. Atty. Balboa Island, projecting 5j feet over the sidewalk for the
length of the building. On motion of Councilman Bennett, sec-
onded by Councilman Miller and carried, the problem was referred
to the City Attorney for recommendation and report to the Council.
C. Atty. instructed to make Councilman Broering requested that existing provisions
survey of existing reg- of the Municipal Code, covering the erection of signs, be included
ulations covering signs. in the study and on motion of Councilman Broering, seconded by
Councilman Miller and carried, the City Attorney was so instructed.
ward of bid. Installation City Engineer Webb Stated that he had received informal
of pipe along Bayside Dr. bids for the installation of 220 feet of 48 inch reinforced
To: A.H. Famularo $869 concrete pipe on Bayside Drive and that the bid of A. H. Famularo
in the amount of $869 was the low bid. On motion of Councilman
Miller, seconded by Councilman Bennett, the contract was awarded
to A. H. Famularo by the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMAN: None '
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sideration on motion of Councilman Smith, seconded
by CouncilmanBennett and carried.
Senate Coast. Amend. #23
On motion of Councilman Miller, the Council went on
Council on record as in
record in support of Senate Constitutional Amendment #23 as
support of SCA #23.
recommended by the League of California Cities exempting ocean
going vessels from taxation. The motion was seconded by
Councilman Bennett and carried.
Ordinance No. 7279 being
,
Ordinance Ido. 727
AN ORDINANCE FIXING THE SALARY OF THE CITY TREASURER
Raising Treasus pay to
$150
was presented for second reading and on motion of
APPROVED
Councilman Smith, seconded by Councilman Broering and carried,
reading of the ordinance was waived.
'
On motion of Councilman Smith, seconded by Councilman
Broetinlg, Ordinance No. 727 was adopted by the following roll
call vote, to wit:
AYES, COUNCILMEN: Broering, Smith and Hill
NOES, COUNCILMEN: .'•Miller, Bennett.
ABSENT COUNCILMEN: None
NEW BUSINESS:
Signal Oil Co. permit for The application of Signal Oil Company for a permit to
2 underground gas tanks install two underground gasoline tanks at the Northwest corner
Granted. of 32nd Street and Newport Boulevard, hating been approved by •
the Fire Prevention Bureau was granted on motion of Councilman
Smith, seconded by Councilman Miller and carried.
M & S Maint. appl °n to in- The application of M & S Maintenance Construction for
stall 4 underg®ound gas a permit to install four underground gasoline storage tanks at the '
tanks Granted. Southeast corner of Goldehrod and Coast Boulevard, Corona del Mar,
having been approved by the Fire Prevention Bureau was granted
on motion of Councilman Smith, seconded by Councilman Miller and
carried.
Cliff Haven sewerage sys- Petitions bearing 85 signatures urging that steps be
tem petitions for assess- taken for the construction of a sewerage system in Cliff Haven
ment district. and a letter from the Health Officer recommending that proceedings
be instituted as a measure necessary for the protection of public
health and pursuant to §2808 of the Streets and Highways Code were
C. Engr. instructed to presented. On motion of Councilman Smith, seconded by Councilman
commence proceedings. Bennett and carried, the City Engineer was instructed to take
the necessary steps to prepare an assessment district, for the
purpose of omstructing the requested sewers.
Oath of Office, Barclay The oath of office of Barclay T. Cook as a patrolman
T. Cook, Patrolman. was approved on motion of Councilman Bennett, seconded by Council-
man Miller and carried.
Oath of Office, Hugh R. The oath of office of Hugh R. McMillan as an operator in
McMillan, Fire Dept. the Fire Department, was approved on motion of Councilman Miller,
seconded by Councilman Bennett and carried.
Oath of Office, Dorrance The oath of office of Dorrance R. McClure as harbor
R. McClure, Harbor Patrol patrolman was approved on motion of councilman Bennett, seconded
by Councilman Miller and carried.
A. B. Cubbage app °t to Mayor Hill appointed A. B. Cubbage to the Park, Beach & '
PB&RC to fill Mrs. Soder- Recreation Commission to fill the unexpired term of Mrs. Ernest
berg's unexpired term. Soderberg, and the appointment was confirmed on motion of Coun-
cilman Smith, seconded by Councilman Broering and carried.
Protest of marque at 3G7- Attorney William Christenson, speaking from the floor
309 Marine Ave, Bal.ISl. protested the erection of a marque at 307 -09 Marine Avenue,
Referrod to C. Atty. Balboa Island, projecting 5j feet over the sidewalk for the
length of the building. On motion of Councilman Bennett, sec-
onded by Councilman Miller and carried, the problem was referred
to the City Attorney for recommendation and report to the Council.
C. Atty. instructed to make Councilman Broering requested that existing provisions
survey of existing reg- of the Municipal Code, covering the erection of signs, be included
ulations covering signs. in the study and on motion of Councilman Broering, seconded by
Councilman Miller and carried, the City Attorney was so instructed.
ward of bid. Installation City Engineer Webb Stated that he had received informal
of pipe along Bayside Dr. bids for the installation of 220 feet of 48 inch reinforced
To: A.H. Famularo $869 concrete pipe on Bayside Drive and that the bid of A. H. Famularo
in the amount of $869 was the low bid. On motion of Councilman
Miller, seconded by Councilman Bennett, the contract was awarded
to A. H. Famularo by the following roll call vote, to wit:
AYES, COUNCILMEN: Broering, Smith, Miller, Bennett, Hill
NOES, COUNCILMEN: None
ABSENT COUNCILMAN: None '
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On motion of Councilman Smith, seconded by Councilman Ben- Plans & Specs approved
nett and carried, plans and specifications for the demolition and demolition of old water
removal of building and reservoir of water booster plant on Bay- reservoir & bldg. CDM.
side Drive were approved and the City Clerk instructed to advertise Bids called for 8/23/;
for bids to be opened on August 23rd.
' The application of Leslie Peterson for a permit to Leslie Peterson, Permit
construct a pier and float on Lot 8729 Tract 9079 having been construct pier & float
approved by the Joint Harbor Committee, was granted on motion of 872/907 Granted
Councilman Bennett, seconded by Councilman Miller and carried.
The application of Ken Adams for a permit to install a Ken Adams appl °n to in-
float, subject to War Department approval, on Lot 8, Tract No. stall float on 8 /1011
1011, was approved on motion of Councilman Miller, seconded by Granted.
Councilman Broering and carried.
The application of Edward G. Corkett for a permit to Edw. G. Corkett permit
construct a pleasure slip on an existing pier in front of Lots construct slip at 165-67
165 -167, Subdivision of Block A, East Newport, having been ap- Subdiv. Blk A, E. Npt.
proved by the Joint Harbor Committee was approved on motion of Approved.
Councilman Bennett, seconded by Councilman Miller and carried.
' The City Engineer presented an estimate from the Road Approval of city's share
Commissioner of the County of Orange covering the improvement 0;6.62) in paving portir
of that pottion of Superior Avenue embraced in the so- called of Superior Ave.
"One -foot Strip" of the City of Newport Beach. The estimated
cost was $6.62. On motion of Councilman Broering, seconded
by Councilman Bennett, the payment of the city's share in the
. project was authorized by the following roll call vote, to wits
AYES9 COUNCILMEN. Broering, Smith, Miller, Bennett, Hill
NOES9 COUNCILMEN; None
ABSENT COUNCILMRT: None
' The City Manager reported that he had received two quo- United Pac. Ins. Co.
tations on comprehensive liability insurance for the City and awarded insurance bid.
that the lowest offer was that of United Pacific Insurance Com- Add�l marine liability
pany for a premium of 58,900.28, and additional marine liability added.
for a premium of $125.00. On motion of Councilman Miller,
seconded by Councilman Bennett, purchase of the insurance was
authorized by the following roll call vote, to wits
AYES9 COUNCILMEN. Smith, Miller, Bennett, Hill
NOES 9 C OUNC ILM&U None
ABSENT COUNCILMEN: Broering
On motion of Councilman Miller, seconded by Councilman C. Mgr. & C. Atty. in-
Bennett, the City Manager and City Attorney were instructed to strutted to proceed with
proceed with negotiations for the acquisition of Pacific Electric negotiations to purchase
Railway property between McFadden Place and 30th Street, for P.E. property.
the purpose of widening Balboa Boulevard, by the following
roll call, vote, to wits
AYES, COUNCILMEN* Smith, Miller, Bennett, Hill
NOES9 COUNCILMEN* None
ABSENT COUNCILMEN* Broering
An increase of $1000 in the Police Department budget to Police Dept. budget in-
provide for the employment of two reserves for the remainder of creased $1000 for addit.-
the summer season, having been recommended by the City Manager, Tonal reserves for remai>
' was authorized on motion of Councilman Bennett, seconded by der of summer.
Councilman Smith and carried by the following roll call vote,
to wits
AYES9 COUNCILMEN* Smith, Miller, Bennett, Hill.
NOES, COUNCILMEN* None
ABSENT COUNCILMEN: None
NOT VOTINGt Broering
• Resolution Nom 4262, being a resolution establishing the Resolution No. 4262
tax rate for the current year as follows;- -
Setting Tax Rate
Current Expense Fund .75 ($1.09.& .99)
Park Fund .03 Adopted
Library Fund .05
Advertising Fund .04-
Retirement Fund .12
General City Bonds 010
was adopted on motion of Councilman Miller, seconded by Council-
man Bennett and carried by the following roll call vote, to wits
' AYES, COUNCILMEN* Broering, Smith9 Miller, Bennett, Hill.
NOES, COUNCILMEN: None
ABSENT COUNCILMEN* None
On motion of Councilman Miller, seconded by Councilman Npt. Elementary School
Smith and carried, the claim of the Newport Beach Elementary School Claim for Damages on
' District, for damages caused by the overflow of water from the CDM Crater reservoir over
Corona del Mar Reservoir, was denied on recommendation of the flow denied.
City's Insurance Carrier.
Co Attyo instructed to
draft ordinance increas-
ing cost of water con-
nections.
Edw. To Healey commended
Council in its action to
convert Municipal Trailer
Park to public beach area
On motion of Councilman Smith, seconded by Councilman
Broering and carried, the City Attorney was instructed to
draft an ordinance increasing the cost of water connections
to cover the actual expense incurred by the City, Councilman
Bennett voting "Not, and Councilman Miller abstained, from the
voting.
Speaking from the floor, Edward T. Healey, commended
the City for its action toward the conversion of the Trailer
Park into a beach area and urged that steps be taken by the
oCity to purchase the gas company property in that vicinity®
On motion of Councilman Bennett, seconded by Council -
Adjournment man Miller and carried, the Council - adjourned at 9:15 p.m.
ATTEST:
,e�__i_�,�li
City Clerk
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