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HomeMy WebLinkAboutMinutes 1953-11-02PLACE: TIME: CAT.T. TO ORDER: ROLL CALL: PUELIC TW~,~mHONES B~GD: CAPE ESPERANCE SEWER RENTAL: SIDEWALK PJ~PAI~S: T~3CKS 8, TRAILERS '~/J~GE WAY: SPECIAL CE~ .. SERRA HIGHLANDS 5'/$ ~' SAN FRAI~XSOO ~ ~ J', 1953 council Chambers, City Hall 8p. m. The meeting w~s called to order at 8:18 p. m. by Mayor Cortesi. Present: Councilman John Noonan, Adolph Bani, Emilio Cortesi, Joseph Bracco, Telford Suit Absent: None Mayor Cor~esi asked if there were any errors or ~rections to the minutes. Councilman Noonan requested that the minutes of the meeting of October 19, 1953 be corrected on page 2 line 6 to sho~ the wording "findings and recommendations" instead of the word "evidence. Oo~ncilman Smith moved that the minutes be corrected as requested bY Councilman Noonan, seconded by Councilman Sani ~nd regularly carried. Communication ~ reee{ved from the office of the City Manager regarding the purchase of a steam cleaning outfit for the South San Francisco-San Bruno Sewage Treatment Plant. Q~ol~tio~. from various manufacturers were -likewise enumerated. Councilman Smith a~ked if this ~ to be a Joint purchase to which City Manager MeClung stated that it could either be a direct purchase by the City of South San Francisco or a Joint purchase between So~th San Francisco ar~ San Bruno. C~uneilmmn Bramco a.~.~ what would be the best way to buy +~zis e~uil~mmnt to which City ~Manag. r McOlmng st~d that a Joint purchase between both cities would be the best m~thod am~ that each city would then pay for the extra use sash aa a ~O-60 basis. Comncilmmm Smith then move~ that the recommendation of the Super- ir~ent of ~ Trm~am.nt Plant Nemry Seh~.i~ ~e .~ce~ted a~ to the selection of the eqUi~aent. Co~aei~ Noeu~n seeomte~ the motion which was regularly carried. Comnei~ ~aith then sta~ed that the City Att~ had brought to his attention the fact that ~am Bruno should be notified of this purchase. Coammmieation ~ reeei-,ed from the office of ~he City Manager regarding a letter from %he Pacific Telephone and Telegraph Co. rm~me.~ ~.rmiesio~ to install two public tel- eph~mes on t~e city own.d ~Arking lot in ~ren~l~l. Commcilman Sani moved, seconded by Councilman ~re~co and regularly carried, that the matter be referred to the City Mmmager for further information. Communication was received from the office of t~_ City M~aager regarding sewer rental for the Cape E~perance Housing Project. City Manager Mc~lmmg gave a brief explanation as to the method employed for the collection of sewer rental charges from the Cape Esper- anco Housing ~roJect, stating tb~t billing would be similar as that employed with the Lindenville Housing Project, therefore eliminating Xndividual billing each month. Coun- cilman Bani moved, seconded by Council~ma~n Noonan and regularly carried, that the recom- mendation of the City Manager be accepted and that the City Manager be authorized to sign th~_ agreement. Communication .~s received from t~_ office of the City Manager regarding sidewalk repairs as br~t to his attention by Director of Public W~rk. Go~s. Councilman Bracco asked City Manager M~lu~g if a study ha~ been ma~e regarding the cost per foot to which City Nanage~r McClmng replied that no figures were available to present but that when the property owners woul~ be notified an estimate would be made amd that information trans- mitted with the notice. Councilman Brmcco moved, seconded by Councilman Noonan and regularly carried, that the City Manager be instructed to follow through on this matter amd that it be in accordance with Resolution No. 1701. C~mmmieation was received from the office of the City Manager with regard to a request from residents in VillAge Way regarding truc~ and trailer~ o~erating on city streets. The matter had been referred to the Chief of Police for a report. Mayor Cortesi asked the Chief of Police for a report. The Ohief of Police requested that this be laid over to the next meeting. COuncilman Bani moved, ~eeonded by Councilman Noonan and regularly carried, that the matter be continued to +.he next meeting. C~mmie~tiou was received from the office of the City Manager regarding remaining re- ~uire~.nt~e to be f~lfilled for a special census to be conducted. She was the authori- zation of a local official to sign the agreea~nt and the other approval of payment in the a~mnt ef $1BO6.00 to the Treasurer of the ~nited States. Councilman Bracco asked if ~m~nt had to ~. made at this time to which City Manag-_r Mc01ung replied that it mast be made at the tim~ of authorization. Comncilm~n ~r~cco stated that a special cen- sus will probably bring more in lieu taxes to t~he city. He therefore moved that the City MasAger be instructed to proceed with the matter, make payment of the amount speci- fied, and that the M~yor be authorized to sign the agr. emsnt. ~ Councilman Noonan seconded the motif. 0ouncilman Smith, under the question, stated that some subdivisions are presently in the process of filling ~p and that h~ would like to see these subdivisions included, that by proper timing more residents will be cOUnted. City Manager McClung stated that the earliest possible time that a census would be started would be 120 days a~ the latest in six months. He further~remarked ~ this was the reason that we purposely waited until now so that a majority of the residents in Sunshine Gardens would be included. He further elaborated on the additional revenue that would be derived through a ~pecial census. Motion as made and seconded was regularly carried. Cmmm2zication wa~ received from the office of the Planning Commission recoam~nding the approval of the tentative map of Serra Highlands Subdivision. Accompanying the letter from the Planning Commission was a letter from the South San Francisco Unified School District relative to the same matter, stating that they had not been notified of thi$ subdivision and therefore had not had the opportunity to check and see what school needs would be necessary in the ne~ area. Councilman Smith stated that he understood that the School Board and the McKeon interests had had a meeting this evening, requesting that they might be called on at this time. Mayor Cortesi called on Leo Eserini, Chairman of the School Board, who stated that a committee that had been previously formed was SmlmPosed to have been notified and w~s not. He stated that a meeting had been held with Mr. McKeon and that it had turned out satisfactorily. He felt that the cc~wfttee should be noti~ to attend and requested an agenda of the meeting. Councilman Smith asked if there were any changes that w~re to be made on the m~p. Director of Public Works Goss stated that the subdivision conforms to the subdivisio~ ordinance. Most of the drainage, he stated, w~s in o~der. He then remarked on the drainage in the unlined ditch that would camac severe erosion,this being in the neighborhood of the school prop- ert~ and that if it were allowed to go through in this respect, a severe maintenance problem would exist. Another problem, he state~, wm~ with respect to the Xe~al~ ~erviee street in the vicinity of Junip~ro Serfs Boulevard, stating that he had spoken to the su~ivider in this regard. City Manager McOlmng stated that Mr. Goss had covered every- thing pretty well but that all the features had not ~een explored by the Engineer. He remarkm~ that the service road would be advamtageoas especially for emargency vehicles having to go from one area to another by having this service road. He further remarked that the service road could well be used by pam~nts going to and from school areas. He said that the California Golf Club would object to the use of their property for ro~d purposes. It ~ suggested by City Manager McClung that the matter be laid over for a week or so until a ~ could be made. John ~ree~, mea~er of the Plamning C.~=~ssion, spoke from the a~iience stating that two ma~ers of the Planning C~a~ission ha~ expressed their views re~arding this service road. George B~werth, another member of the Planning Com- mission concurred with John Breed regarding this ~ervice road, citing the problem that nm exists in Winston Manor regarding the crossing of children on Hickey Boulevard. Leo E~e~'stated that the School Board ~ r~dy to work with the City in sharing the coet ~f e~rr~ting this situation. Couneilma~ ~ r~marke~ that a former agreement eximt~ in t~ Sterling Sml~Livision area Se~ t~e sml~Livi~er and the School Board w~ lr~ ~m~ to t~ care of a matter much aa l~hat. After seme discussion, Leo ~rini s~s~ed that a st~ly be ma~e betl~aem the City a~i School officials. Councilman ~ait~ stx~e~ that he ~ looked at the map ar~ had been over the area, concurring that service roe~s are needed in sc~e areas. Hewever, he stated he could not see the advan- tage of a service road in this subdivisiou. He stated that it seemed that the layoat of this subdivision w~s good and would not like to see a service road unless it w~s nec- sssal~y. Councilman Bracco spoke on the cost of developing a road through unincorporated areas, concurring with Councilman Smith ou his explanation of the subdivision pattern. John Breed stated that a service road is to go aroun~ a subdivision not through it and that future plans are ~Ang made at this time. Councilman Noonan stated that the problem has becc~e knotty and involved, stating that John Breed an~ George Bosworth were sincere in their convictions. ~Ho~mver~ he stated, that & service road did not seem feasible and that road should be planned to serve the overall l~ople iu the neighborhood. Mr. Chris MeKeon, subdi~vider, remarked that the original map had been presented to the Planning Core.mission some two months ago. He had requested Mr. Breed and Mr. Bosworth to m~ a view of the property but that they were bu~y at the t~ and could not do it. It wa~ then referred to a ccmmittee. He remarked that the service road w~s not feasible an~ ~ fantastic. Ne said that he wo~ lika ts ~i~ out ~ of the problems that -~,xld ~e encountered with this service road. ~e w~mt on to explain the removal of prop- erty in the National Cemetery which would be necessary should the service road be desired from ~ickey Boulevmr~ to Sheath Lane. Ne referred to a California Golf CI~ they re~ rk~i that they wo~ld not give up any of their property for such a service road. Ne further e~ined the necessary fill and ~emeval of dirt that would have to be done to fill in the gullies. He said that reco~aer~atiens comld be obtained from any city in which t~e~ built a subdivision relative to the type of work that was done by his con- cern. He further explained the added taxes that wo~ld be enjoyed by the city through the develolmaeut of this pre~erty. He stated that the service road would serve less than two hundred homes. He also said that the Barrett & Hilp interests had abandoned the develo~nt that they had started, that he Mad an option to purchase the Barrett and Hilp property. After a lengthy discussion, Mr. McKeon said that he would lika to get approval of the tentative map in the interests of tim~, that the engineer could work out the problems after the tentative map had been accepted. Counci~n N~onan asked Mr. McKeon that if the council could show that a service roa~ wa~ feasible or necessary, would he be will- ing to go along and change it to which he replied he would. Councilman Noonan then asked Mr. McEeon if it would meet with his approval to w~it ten days if Mr. Goss, Mr. Breed and Mr. Bosworth could bring in some final results. He stated that it must be within ten ~ays. Councilman Noonan then asked City Attorney Lyons if the request of Mr. MeKeon w~s iu order regarding the teutativ~ map, that if the city approved it and found that a service road was needed, would this be iu order to ~,~ke the subsequent c~uge. City Attorney Lyons stated that this was ~ a tentative map and that the final map would govern the final action of the council. He would reQusst that a letter be sent to the City and filed with the City Clerk by Mr. McKeou relative to the service road that should it be found to be necessary that it would be done. Discussion was then held by members of the City Council and the McKeon interests. After s~ di~sion, Councilman Noonan moved that the McKeon subdivision be submitted to Director of Public Works Goss, Planning Commissioners Bree~ a~ Bosworth to m~ke a study of the pro~o~ed service road from the Junction of ~inston Manor to the National Cemetery, that the report bear figures regarding costs, etc., and that it be placed on the agenda for the next meeting. Councilman Bracco seconded the motion. Councilman Sani, under the question, stated that the ~creation Co~mission shoul~ be notified and submit their reeoam~udation~ as wall. Mr. Vucinich, & representative of the California Golf Club, ·poke regarding the club not being in any position to give up any property and that he desired notification of these plans before the next meeting requesting that the Director of Public W~rks so notify him of the engineers opinion. Motion as duly made and seconded was regularly carried. FINAL MAP: FIRST BAPTIST CHURCH ~A~XA~2~ & ~ ADJUS~ PEP~IT: USE PE~&IT: $111 VALEI~ IA 'BROS. USE P~: TASSAN USE PERMIT: WESTERN IRON ~)RKB USE PERMIT: STANDARD OIL CO. OF CALIFORNIA USE PERMIT: PEIL USE P~: Communication w~s received from the office of the Planning Commission recommending the approval of the final map of Westview Terrace ~2. At this t~m~ a discussion was held regarding the pathway as shown on the map. Councilman Smith stated that a Joint coe~ittee of school and council members would hold their meeting this Thursday night and that the matter of the pathway to the school property could be discussed. Mayor Cortesi remarked that tentative approval could be given subject to the approval of the School-City Coordinating Committee. Councilman Sani moved, seconded by Councilman Bracco and regularly carried, that it be approved subject to the approval of the School-City Coordinating Co~.1~ttee. Variance and Adjustment Resolution ~346 as applied for by the First Baptist Church was received from the Planning C_~e~ssion, recommending ~hat they be granted permission to erect a modern school building with a 10' ~t yard setback from prope~rty line, a 5' si~e yard on west side of lot, with elimination of alley amd rear yard setback requirements. Councilman Sani moved, seconded by Councilman Bracco and regularly carried, that the recommendation of the Planning Ccmmission be accepted. Uae Permit ~47 as applied for by Mr. A1 Gua~ and Mr. Louis Cima was received from the Planning C~e~esion, recommending that they be granted permission to erect an office and maintain an equil~ment yard. Councilman No~r~n moved, that the recommendation be d~nied, that it be referred back to the Planning Cce~aission with the P.C .M. District, (Planned Cceaaercial Manufact~ng) for further study at the tima that the P. C. M. Dis- trict is discussed. City Attorney Lyons state~ that this we~ a question involving a matter of rights, that if the use permit w~re turned down there should be some reason. for this action since the Planning Cc~alasion-~a~ reccem~ that it be granted,, which ia l~A~aisaable aa it is new zoned. Ne stated that it w~e within the council's rights to sustain the action of the Planning Cceamissi~m or refer it back to that body. Coun- cilman Bani requested that information be submitted by plams on this matter as to the ty~e of ~uil~i~. Mr. George BoSw~'~b, Plaguing Ccmaais. icm me~r, s~ ~t he felt t~t z~i~ took ~ ~ a ~ ~t ~ ~~ ~~ t~ ~ e~ai~r t~ zoni~ plus. C~ '-' ~ ~ C~Ci~N~ ~ti~ to ~ ~ ~t ~ ~scussed at a ~ior ~tim~, r~~ ~ t~ tech~e~ quea~ of ~ity of the sixths t~t ~ e~ ~, ~ if it ~ f~nd ~t it ~ in ~r. C~nci~n N~n s~d t~t t~ ~ ~ ~ ~e~ and ~t a e~y ~ ~ao ~n ~fe~ to ~ Planni~ C~- ~aai~. C~ei~ No~n t~n ~in m~d t~t it ~ ~fe~ back to the Planni~ Councilman Smith remarked that since concern had been shown over this application, he would like to see it ~rc~erly planned. It ap~ that what should be done at this time wms to go over the matter and reconsider it with the report in question and then probably enumerate it in a use permit, .that a precedent can be set for the planning feature in the area. Councilman Smith then seconded Councilman Nc~nan~s motion. Mr. Gaudio, attorney for the Ms,fair C.w~.unity Club, remarked %hat before a vote was ~ taken he requested that' the chairman dismiss himself from voting. Discussion was held at this time between the council, Mr. Gaudio and the City Attorney. ~ayor Cortesi stated to Mr. Gaudio that he weald allow him five minntes in which to present his facts. After the time allotted had elapsed, Mayor Cortesi stated that Mr. Gaudio had spoken long enough. Councilman Noonan moved, seconded by Councilman Smith, that the chairman b~ overruled and that Mr. Gaudio be allowed to speak for fifteen minutes. Moti°n as made and seconded we~ regularly carried, Counc~lm~n Noonan, Bracco and Smith voting "Aye", Mayor Cortesi voting "no", and Councilman Sani abstaining. Councilman Noonan moved, seconded by Councilman Smith and regularly carried, that this matter be referred back to the Planni~ C:~.~-iss~u to be considered with the P. C. M. District. Councilman Smith requested haste and action on this matter so that ~r. Guaspari could be accoem~ted at the earliest possible time. Use Permit ~B48 as applied for by Valencia Bros. was received from the Planning Commis- sion, recce~endi~ that they be granted permission to store automobiles in rear of lot at 751 Airport Blvd, provided that no wrecking of cars or dismantling is prohibited. This is to keep cars off the street. Counc~n Sani moved, seconded by Councilman Bracco and regularly carried~that the recommendation be accepted but that a correCtion of the wording be made to strike out the word "no" on the second line of the permit. Use Permit ~49 as applied for by Gildo and Helen Taasan was received from the Planning Commission, granting them permission to construct a service station and install a neon sign to project 4~ over prope~ line, located at Hillside Boulevard and Linden Avenue. Councilman Brmcco moved, seconded by C~uncilman Noonan and regularly carried, that the rec ~cm~e_ndation of the Planning Commission be accepted and permission granted as requested. Use Pex~mit ~BSO as applied for by the Western ~r°n Works was received from the Planning Co~,~ ssion, reCum~ending that they be granted permission to erect a structural steel fabricating plant and to provide parking for thirty employee's cars, plant to be located at 128 South Mapie Avenue. Councilman Sani moved, aecc~led by Councilman Noonan and regularly carried, that the rec~ndation of the Planning Cce~mission be accepted and permission gr~nted as requested. Use Permit #351 as applied fSr by the Standard Oil 0o. of California was received from the Planning C~w,~ssion, recommending that they be granted permission to improve the existing service station at the corner of Linden and ~aden Avenues. Councilman Bracco moved, seconded by Councilman Noonan and regularly carried, that the recommendation of the Plannim~ C~mmission be a~cepted and permission granted as requested. Use Permit ~52 as applied for by Mr. Eugene J. Peil ~ received from the Planning Com- mission, r~c~nding that he be granted ~ermi~sion to erect a ~1~ x 6' redwood fence along Spruce Avenue, located at 879 Maple Avenue. Councilman Sani moved, seconded by Councilman Smith and regularly carried~ that the recommendation of the Planning C¢~m~s- sion be accepted and permission granted as requested. CORTESI COMPLAINT: Communication was received from the office of the City Clerk regarding the complaint for damages as filed by Charles Cortesi, admiuistrator for the estate of Oliver Cor- test. City Attorney Lyous suggested that the claim be filed as it had already beeu denied by previous a~tion of the City Couucil ~at au earlier meetiug. FIR~AN GARRETT ~,~, TO DUTY: ~_ $~-$ MAINTEN~E MAN ELIGIBLE LIST: Co~-,,,nicatiou as received from the office of the Fire Chief regarding Jesse Garrett re- turning to work after suffering a knee injury was ordered placed on file. C~mtcation was received from the office of the Personnel Board of Review relative to the eligible list for the position of Maintenance Man, remarking that Diuo Lcmbardi be employ~ for not more than ninety ~ays. City Manager McClung stated that Mr. Lombardi would not be hired for m~re than ninety day.s. He then spokm regarding the men already in the employ of the City, that if they ~re not al~inted within one year and were allowed to continue they would aut~tically become member~ of the Civil Service System. Coun- ctlw~n Sani sugg~ste~ that the matter be referred to the City Manager and that he advise the names that the council w~s to act on at the next meeting. The matter was referred to the City Manager. W. P. FD'r.T.~'~, CO. BLASTING PERMIT: Communication was received from W. P. Fu/ler Co. relativ~ to permission for light blast- ing in the area of an excavation project which is presently underway for their concern. Cem~eilman S~ni asked Director of Public Works Ge~s if $10,000 protection as mentioned ~ma enough. Mr. Goss remarked that he had cheeke~ and that the blasting w~s to be light. 0it~ Attorney Lyons stated that the bon~ protects the city but does not protect the public a~ yA~Me-~- owners in the area. He further state~l that he did not have time to check ~he m~htmamee n~w in effect. If the e~dinanee d/d provide for this type of protection, a mew bou~ should be issued.. Councilman Sani moved, that the blasting permit be granted providing t~t it met the require~mnta of tM o~i~nee. Should the ordinance require- m~nte provide few preteetio~ to the public an~ property owners, the bond be issued to e~vm~ %his p~eetion. 0ouneilman Brmeco seeo~ the:m~tion which was regularly carried. LUTHERN ~ MW~ING PLACE: Oe~eatiem ~ r~eeive~ from E. J. Haan~taa, Pastor of 0mr R~deemer's Luthern Church, re~lng a~preval for the use of vacant store at 13~ Southwood Center as a temporary seething place. C~ncilman Sani move~, secon~e~ by Councilman Bracco and regularly car- tie4, t~t permission aS requested be granted. WAGNER ~.W~TRIC CORP. BUSINESS LICENSE: Application for business license ~$ received, from the Wagner Electric Corp. 219 Shaw P~, to engage in the business of ~ehouse. Councilman Sani moved, seconded by Coun- cilman Noonan and regularly carried, that the application be approved as submitted. VETERANS LETTERING Applies%ion for business license was received from the Veterans Lettering Service, Key- SERVICE ~JSINESS LICENSE:st~ H~tel, Sam Francisco, to engage in the business of painting house numbers on the ,/--/$",,~./ eur%ings throughout the city. City Manager McClung stated that the Boy Scouts and the Y~.C.A. wmre ~rssently doing this type of work and suggested that it be referred to his office and be held over until such time as he could obtain the information as to whether or not they were finished. The matter w~$ referred to the City Manager. O'DONNELL FENCE %-05-0 C~maunieation was received' from Mr. James O'Donnell, 325 "B" Street~ requestin~ per- minion f~r ~ fence to be placed at the edge of the new sidewalk on "B" Street, also remarkin~relative to the placing of the new utility pole on his property. Works Engineer ~t~n~lett gave an explanation relative to the placing of the utility pole, that it c~1~ ~ot ~o in any other lucation but that it had to be placed on Mr. 0'Donnell's p~.rax-l,,-r a~ it could not be placed in the sidewalk area. However, he stated, that it w~s usually placed, close to the ~x~ax-~y line so that it would not be too far in the h~ewners property. City Manager McClung then gave an explanation as to how the fence eoul~ be installed. City Attorney Lyons stated that Mr. O'Donnell could be notified that pex~aission was granted bf.m_ on a revocable basis. Ccm~mnieatiem ~ms receive~ from the Military Or,er of the Purple Heart requesting per- mission te conduct the solicitation of m~zine subscriptions. Councilman Smith stated t~t he noted that this was a corporation and was wondering how much went for a chari- table purple and how much w~nt tow~ the corporation. The matter was referred to the office of the City Manager. m~soun~o~ ~o. 19~6 ISSUANCE OF BONDS DIR~TOR OF PUBLIC WOREB ORDINANCE: SPRUCE AVENUE GRADE CROSSING: Co~me~ Sani moved, seconded, by Councilman Noonan and regularly carried, that claims as audited by the Finance C~ittee be al~r.ov~. Total ammunt of claims - $36,828.00. City Attorney Lyons then brought up the matter of the resolution for the issuance of bon~s for Third Lane Improvement. Councilman Braeco introduced a resolution of the City Council of the City of South San Francisco providing for the issuance of improvement bon~ for the improvement of Third Lane. Roll call vote w~s as followw: Ayes, Council- men N~n, Sani, Cortesi, Bracco, Smith. ~ Cit~ Attorney Lyons then brought up the ordinance creating the Depa~ment of Public Works. Mayor Co~si requested further time in which to study this matter. Councilman Smith requested that a study be ma~e at this time. City Attorney Lyons informed the council that they should keep in mind the ninety ~ay apgointment as given to Mr. Goss and that the delay should not be too long. The matter w~s referred to a study meeting to be held Friday, November 6, 1953 at 8 p. m. The matter of tbs Spruce Avenue grade crossing ~S brought to the attention of the City Council, City Attorney Lyons instructing them that a resolution would be prepared for the next meeting. LA~D CO. LETTER RE- GARDING RESPONSIBILITY~ F~ PIPE LINE: A letter dated October 26, 1953 as received from the South San Francisco Land & Improve- sent Co. regarding their responsibility for any damage to the 63 inch concrete storm sewmr presently in their easement was brought to the attention of the City Council. This h~d been requested by the council from the South San Francisco Land & Improvement Co. before acceptance of the easement. Letter as received was ordered placed on file. PALLET SERVICE CO. BUSINESS LICENSE: DRAINAGE, OLD MISSION BOAD: CO)$XENDING F/lIE DEPT: FSJIXEY SEt~R RENTAL: ~11 ~ SCHOOL NOTLWICATION OF ~ ~D~ION~: CON~R STREET EXTENSION: SP~3CE AVENUE: ~'/ COLMA CRUm( BANES: SERRA HIG]~IANDS: Application for business license was received from the Pallet Service Co. of South San Francisco, Old Bayshore Highway, to engage iu the manufacture of pallets and other wood products. Councilman Braces moved, seconded by Councilman Noouan and regularly carried, that the license be granted subject to the approval of the department heads. City ~anager MeClung brought up the matter of the drainage on Old Mission Road, explainin~ the meeting that had been held between the engineers. He remarked on the various requests as made by the subdivider with regard to various areas in that location that they felt they should not have to bear the burden on. A request had been made of them to submit a proposal which ~ms to be given to the Attorney for action as to its merits. Councilman Smith stated that he had information that should the subdivider be informed to correct the situation by changing the course, this would then make the City liable. This w~s then laid over until the next meeting at which tt_me_ a report wms to be submitted. City Manager MeOlung than praised the Fire De~t for recent letters received from the Board of Fire Underwriters in which they were re~por~ible through their efforts in reclmeing fire rates in the city. Ne sugges~ that a letter of ccm~mendation be sent the Fire Chief and his crew for their fine w~rk. Co~ncilmau Sani moved, seconded by Councilms Bx~eeo amd regularly carried, that such a letter be ~eut +.~at department. Mr. Mm2J~y then ~poke on the sewer rental charges that he had brought to the attention of the City C~mneil mc~e time prsviom~. Ne requested a refund on the payment made for trailer comrt~, stating that the pe~fmeut he made originally on him hc~e should have cov- ered him lrAx~perty. Conmcilman Braces stated he felt Mre Mulkey had no recourse of action as a resolution existed setting up charge8 for trailer co~cs and that Mr. M,~lkey~had -~t,--lly eared five me, the payment through the l~a~age of this resolution as charges w~re n~t ma~e until Au~t~t 1951. He them m~ved ~ the request of Mr. Mulkey be denied, ~zteh ~ ~ecom~ed by Cc~ncilmem ~aith. Roll call ~ete wm~ as follows: Ayes, Council- men Noo~an, Sani~ Oortesi, Breceo, Smith. Mr. B-~a~c~%h r~eeted that the council reaffirm their policy that the School Board be nc~iFle~ of ~divisiome c_~_ng into the City. He alms reeaarked that he h~d received a le~ee~ fr~a the office of the City Clerk relative to notifying the Associated Hc~e BuilAers relative to f~ture meetings t~ be held. He asked that the council rescind this move amd that the Associated Home Builders be notified that the meetings were held on the first Th~reday of ee~h month, extending them an invitation to be present if they so de~ired. Councilman ~ani suggested that the H~ae ~xilders be notified when the matter is to be brought up for diseuesion. Mr. Berry, present in the ambience, ~eked if anything had been done on Corner Street. City Ma_~ager McClmng stated that he had re~eive~ a letter from Mrs. Garlund, attorney for Beretta, and that he had advised Mx1. ~rlunA'$f hl$:~e~ly. We wo~ld now have to wait for Mrs. Garlund's anewer a~ter she had ~poken to the Berettata. Councilman Noonan emgge~ to Mr. Berry that he $~t %he property owners together and talk with Mr. McClung~ and the matter Be ~ettled once and for all. A request regarding additional outlets in Avalon Park between E1 Casino Real and Avalon Park was~ explained by Mr. Randlett. Councilman ~mith requested permission to leave the State for thirty days. Councilm~n Br~coo moved~ seconded by Councilman No~uau and regularly carried, that request as made be granted. Councilman ~aith addressed Mr. Goss and the City Cettneil relative to Spruce Avenue, stati~ that ~r. Esehelbach was filling land and creating a be.-~-ier and was wondering if this was net ereatin~ flood danger when the rain water comes d~m Co~w~ Creek. Director of Public Works Goes stated he felt the City Attorney should write a letter to Mr. Eschelbach ad- vi~ing him that he is closing off natural drainage and that he will be held responsible should any flooding occur. City Attorney Lyons stated that tB~ letter is the first step ar~l the complaint followed up with an action of injunction. Councilma~ Smith moved, seconded by Councilman Non,an and regularly carried, that the City Attorney send a letter to Mr. E~ehelbach in this regard. Councilman ~aith brought up the matter of the material that h~l been removed from the bank~ of the 0slum Creek, stating that some other material had been dumped in its place an~ ~ do~n in the bank, and l~at he felt that it still ~a~ not done properly and that it seemed too thin. Mr. Goss stated that the City Attorney had written a letter to the re~per, aible parties that they wo~ld he held liable in the matter. Councilman Smith state~ that nothing had been placed against the bank. Councilman Sani remarked that in the discuesion with the McKeon interests tonight, he noticed c~e parcel on the map had been zoned for bueiness. Ne objected at this time to the bueinsss district as all of the business districts in Buri B~ri and Southwood had not b~en f~lly filled up as yet Being partiall~ occupied only. He felt that business districts should not be scattered all over town. There being no further bueineas the meeting was adjourned to November 5, 1953 at 2 p. m. Tim~ of Adjournment - 12:00 midnight. Respectfully submitted, City Clerk