HomeMy WebLinkAbout1980-07-29council minutesBook 21 Page 217
REGULAR MEETING
July 29, 1980
12:00 Noon
The Meeting was called to order by Mayor McCluskey.
The Roll of the City Council was called with the following members
present: Williams, Raymond, Mallea, Hopper, Carter, and Betts.
Absent: none.
(CHANGE IN AGENDA)
The Mayor asked permission from the City Council to change the
order of the Agenda and have the second item on the Agenda
discussed first and the first item changed to the second item on
the Agenda.
MOVED by Carter, SECONDED by Mallea to change the order of the
Agenda as requested by the Mayor.
MOTION CARRIED
(PUBLIC HEARING ON ZONING FOR ANNEXATION OF FIVE PROPERTIES NEAR
CALDWELL INDUSTRIAL AIRPARK)
The Mayor called on the City Engineer, Mr. Lewis, to explain the
location of the properties to be zoned for annexation. Mr. Lewis
pointed out the locations on a map and explained that the hearing
was for the zoning which was proposed to be M -1 Light Industrial
Zone which corresponds with the land use of Industrial uses.
The Mayor then read the Bill in full as follows:
AN ORDINANCE DETERMINING THAT CERTAIN LANDS LIE CONTIGUOUS OR
ADJACENT TO THE CITY OF CALDWELL, COUNTY OF CANYON, STATE OF IDAHO;
THAT SAID LANDS HAVE BEEN LAID OFF BY THE OWNERS OR PROPRIETORS,
OR WITH THE OWNERS` AUTHORITY OR .ACQUIESCENCE, INTO LOTS OR BLOCKS
CONTAINING NOT MORE THAN FIVE ACRES OF LAND EACH; OR THAT THE OWNERS
OR PROPRIETORS OF SAID LANDS, OR OTHER PERSONS WITH THE CONSENT OF
SAID OWNERS OR PROPRIETORS, HAVE SOLD OR BEGUN TO SELL OFF SUCH
CONTIGUOUS OR ADJACENT LANDS BY METES AND BOUNDS, IN TRACTS NOT
EXCEEDING FIVE ACRES, OR THAT THE OWNERS OF SAID LANDS HAVE CONSENTED
AND AGREED THAT SAID LANDS BE ANNEXED TO THE CITY OF CALDWELL, IDAHO,
AS PART OF M -1 LIGHT INDUSTRIAL ZONE; AND DECLARING ALL SAID LANDS,
BY PROPER LEGAL DESCRIPTION THEREOF AS DESCRIBED IN EXHIBIT " A ll ,
"B ", "C ", "D", AND "E" TO BE A PART OF THE CITY OF CALDWELL, CANYON
COUNTY, IDAHO; REPEALING ALL ORDINANCES, RESOLUTIONS, OR ORDERS,
OR PARTS TIIEREOF IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF
CALDWELL, IDAHO:
Section 1. That the lands described in Exhibit "A ", "B ", "C",
"D ", and "E" are contiguous and adjacent to the City of Caldwell,
Idaho. That said lands have been by the owners or proprietors
thereof, or with the consent of the owners or proprietors, laid off
into lots or blocks containing not more than five acres of land
each. That certain of said lands, by the owners or proprietors
thereof, or with the authority of the owners or proprietors, have
been sold, or have begun to be sold, by metes and bounds, intracts
not exceeding five acres; or that the owners of said lands have
consented and agreed that said lands should be annexed to the City
of Caldwell, Idaho.
Section 2. It is hereby declared by the Mayor and Council of
the City of Caldwell that the lands described in Exhibit "A ", "B ",
"C", "D ", and "E" by proper legal description are hereby declared
to be a part of the City of Caldwell, Canyon County, Idaho.
Section 3. It is further declared that said lands described
in Exhibit "A ", "B ", "C", "D ", and "E" are hereby made a part of the
M -1 Light Industrial Zone of theCity of Caldwell.
Section 4. The full and complete legal description of the
lands herein declared to be a part of the City of Caldwell, Idaho, as
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Page 218
hereinabove set :forth. are particularly set forth in Exhibit "A ", "B"
„ „Da, and r,E„
Section 5. Saving Clause. Should any section, subdivision,
sentence, or clause in this ordinance, for any reason, be declared
unconstitutional, void, ineffective, or invalid, no other part of
this ordinance which can be given effect notwithstanding shall be
invalid, void, ineffective or fail on account thereof.
Section 6. All ordinances, resolutions, orders, or parts
thereof in conflict herewith are hereby repealed, rescinded and
annulled.
Section 7. This ordinance :shall be in full force and effect
from and after its passage, approval and publication according
to law.
Section S. All of the lands described in said ordinance
shall be subject to taxation as other property and persons within'
the corporate limits of the City of Caldwell, Canyon County, Idaho,
upon filing of a certified copy of this ordinance with the County
Recorder and County Assessor of the County of Canyon, State of
Idaho, and the State Tax Commission, State of Idaho.
The Mayor then declared the Meeting open for the Public Hearing
on the zoning of these properties near the Caldwell Industrial
Airpark and asked if there was anyone from the audience who cared
to speak against this proposed zoning of M -1 Light Industrial.
Ken Roberts was recognized and stated that he was present at the
meeting in a dual capacity; as an interested citizen anal. also as
an attorney for Ray and Jan Vinson. The first thing that he said
he would like to mention was for each Council member to ask
themselves why they were being asked to annex this property.
Basically, he felt it was because; a portion of this ground was owned
by the City of Caldwell and the City needs the money to retire some
debts. It was obvious that the residents in this area up and down
K.C.I.D. Road were going to have some problems in that whatever use
was made of this property, other than Agricultural, was certainly
going to have some interference in their way of life. The propose'
zoning for this property, which was in accordance to the
Comprehensive Plan, was M -1 Light: Industrial. Another question
to ask themselves was if this was exactly what they intended for
this property. Just because the Plan specifies that this property
should be M -1 Light Industrial doesn't mean that it has to be given
this designation. Their interest was that it should be kept
Agricultural as it was prime farm ground producing now and they were
asking the Council to leave it that way, even if it was annexed. The
present proposal was that traffic will be routed on Ustick Road into
this property on the East end of the Airport. IC.C.I.D. Road to
Linden was going to be more convenient to most of the property out
there. This will not only burden the County, but also those living
in the Impact Area. Mr. Roberts then stated that there was a second
consideration that he would like for the Council to consider. This
was who was going to benefit from. this. There probably would be no
access to the sewer for a long time and there would have to be water
to this area. Apparently there was a buyer, Bert Garland, for this
property who would like to have it annexed and eventually develop
into some use that would be helpful to the airport. It was Mr.
Robert's understanding that at first Mr. Garland, intended to put in a
turf fa.rm out there which there was no objection to. He :felt that th
citizens should consider what they want developed around that airport
At the present time it looked very nice as there was a green belt
all the way around it which made it very unique. If it has to
be zoned something else besides Agricultural, why not zone it
Commercial instead of Industrial which Mr. Roberts felt would
allow any use that the Council would want out there. Mr. Roberts
stated that on behalf of his clients and for himself he would urge
the City Council that if they do annex it to leave it in its present
use -which -was Agricultural. Anyone who might purchase property out
there would be severely restricted to any use they might put that to
as the F.A.A. would have restrictions with regard to height and etc.
They were present at the Meeting to try to prevent the zoning as
Industrial, but not there to threaten a law suit or hold up the
Planning and Zoning process, although there had been some problem
with notices to some of the residents in the area with regard to the
Public Hearing. There has been some problems in the meetings in
the past when the zoning was first proposed. It was defeated by the
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Planning and Zoning Commission and then another vote was taken to
table it. There was some serious problems and he thought they should
look at the procedure and give it some more time. What was the
pressing issue right now. Is it retiring some obligations and
obligating ourselves to expenses in the future or is it long term
planning by the airport. That is why the City has the Comprehensive
Plan to control what was done on a long term basis.
Fred Houston was then recognized and stated that he was not a
resident of the City of Caldwell, but he had lived his entire life
on the fringes so considered himself a citizen. He felt that in
reaching a decision on this issue they needed to consider carefully
some of the points that were presented. As far as the annexation
was concerned, the black area on the map belongs to the City, and
should be part of the City and should be annexed. The other piece was
up to the owners. There was something he felt the Council should
consider and that was that the City acquired their areas specifically
to gain clear space at the end of the runway. The only way the City
could be sure of having clear space there without an argument was to
maintain its growth as an Agricultural designation. There was many
things that were twelve feet ]-,igh or higher. If it was designated
as Commercial or Industrial, decision would have to be made as to
whether or not the City would allow developments there. The eighty
acres bothered him because as a member of the County Planning and
Zoning Commission they were constantly turning down areas that
were Agricultural that people desired to develop. It concerned him
that the City was considering the idea of taking eighty acres of
farm land that was prime land out of production for Commercial or
Industrial use. Especially when 'there was a lot of land that was
undeveloped within the City Limits. Tf the City was crowded for
space for these things he felt it would be a different thing. Mr.
Houston did not feel it was necessary to change the designation of
this land now and he would like to see the City maintain it was
Agricultural.
Phil Weber was then recognized and stated that he felt the citizens
of Caldwell should be made aware that each of the lots contain ten
acres. In all of the petitions that he had signed, there was not
one party who told him that they received a letter with regard to
this meeting. He received two letters in a round about way. His
neighbor, Mrs. Keffer, received a letter addressed to Walter Steele
who was Mr. Weber's brother- in- law.Mrs. Keffer brought the letter
over to Mr. Weber and he called Mr. Steele and told him about it.
Mr. Weber stated that he could not possibily believe that Caldwell
was so far behind as he bought that property from Mr. Steele in
1952 and has the deed for it. This letter got to him eventually,
but it was not even his letter. Otherwise he would not have known
anything about it. He further said that he felt the land out there
should be left Agricultural as there was good crops on it now. He
did not see why the City would have to take good agricultural lands
out of production.
Jan Vinson was recognized and stated that she had property on
K.C.I.D. Road and could not add anymore than was already stated. She
just hoped that the City Council would weigh and consider all the
facts brought before them.
Mr. Roberts was again recognized and stated that it should also be
considered that there was a lot of acres of M -1 Light Industrial
property in the City of Caldwell that was not being used. He felt
that this land should be utilized and that the City really did not
need more M -1 zoned property.
The Mayor then asked if there was anyone in the audience who cared
to speak for the zoning of the property. Since there was no one, the
Mayor asked if any members of the City Council cared to discuss
this item.
Councilman Raymond questioned the City Engineer with regard to the
letters of notification. Mr. Lewis stated that he would have to
look into it as he assumed the record owners were looked up. He
could not answer that question at this time.
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Page 220
Councilman IIopper was recognized and said that he was also in the
Agricultural business and it was upsetting to see prime agricultural
ground asphalted, cemented and etc. He did :feel, however, that they
had to recognizethe fact that the airport was there. The City of
Caldwell cannot restrict or limit_ its continued growth and
development. Councilman IIopper further commented that he had mixed
emotions about the situation, but he could not restrict the natural
development of the airport.
Councilman Betts was recognized and stated that he would like to
comment on one point that was mentioned by Mr. Roberts. This was
the fact that the City would gain from the sale and development of
the property. Councilman Betts stated that his question was
just who was the City of Caldwell. They all lived in the City of
Caldwell and were, in fact, the City of Caldwell so all citizens
would benefit from the growth of the airport.
The Mayor stated that they must all keep in mind that this was what
the airport was developed for about six or seven years ago. Everyone
was aware that the name of the Airport was Caldwell Industrial
Airpark and the concept could not be changed. The Mayor then declare
the Public hearing closed.
(BILL NO. 13; ORDINANCE NO. 1566; ZONING AND ANNEXATION OF PROPERTY AT
TIIE CALDWELL INDUSTRIAL AIRPORT)
The Mayor then asked the City Council to take action on the
proposed Bill as presented by the Mayor with regard to the zoning
and annexation of those properties discussed at the Public Hearing
at the Caldwell Airport.
MOVED by Raymond, SECONDED by Hopper to suspend the rules requiring
the reading of a Bill three separate days.
Roll call vote. Those voting yes: Raymond, Mallea, Hopper,
Carter, and Williams. Abstain: Betts. Those voting no: none.
Absent and not voting: none.
MOTION CARRIED
MOVED by Raymond, SECONDED by Hopper that Bill No. 13 be passed
and entitled Ordinance No. 1566.
Roll call vote. Those voting yes: Raymond, Mallea, Hopper, Carter,
and Williams. Abstain, Betts. Those voting no: none. Absent
and not voting: none.
MOTION CARRIED
The Mayor pointed out that the restrictions with regard to the
development of the airport by the F.A.A. were very concise. They
have ninety percent of the money in this airport and. he did not feel
they would allow over development or improper development.
Councilwoman Williams pointed out that Mr. Garland had a lot of
money invested in sod equipment and she felt it was going to be turf
out there and not.asphalt.
(DISCUSSION ON GARLAND -IEST AIRPORT COMMISSION DECISION)
The Mayor stated that he would read the minutes from the Airport
Commission Meeting with regard to this item:
There was a lengthy discussion regarding Shore and Shore
doing mechanical repair at Plight Service. The Fixed Base
Operator was opposed to the operation. Mr. Garland's basic
contention was to have any/or ;,.all.peop.le engaged in airport
facilities to work under the same rules.
Mr. Test's contention was his mechanics needed some outside
work to stay in a profitable position.
MOVED by Keys, SECONDED by O,gstad that airport facility be
followed according to zoning as established by Airport Commissio.
(Zoning restricts desired operation of Bill Iest application.)
MOTION CARRIED
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The Mayor then stated that he would read for the Council the
following letter received from Bill Iest:
Regarding Item 9 of Flight Service Incorporated's lease with the
City of Caldwell, we would like permission to sublease our hangar
to Shore and Shore Aviation for the purpose of doing maintenance on
agricultural aircraft and general aviation aircraft.
Mr. Shore would use the Flight Service hangar to do his maintenance
work and Flight Service Inc. will maintain the facility. Mr. Shore's
current shop rate is $24.00 per hour. Mr. Shore's estimate of parts
and equipment on hand is between ten and fifteen thousand dollars.
Mr. Shore's experience is as follows: Four years as mechanic in the
U.S. Air Force; After discharge, two years at the University of
Idaho Trade School for aviation maintenance; Fourteen years
experience since graduation as general aviation mechanic; has
been an Authorized Inspector for the past eight years.
When Mr. Garland (Caldwell Aviation) first assumed the lease as FBO
at Caldwell he encouraged Mr. James Shore, of Shore & Shore Aviation,
to engage in general aviation maintenance on the field because there
was no other mechanic here. Mr. Shore did annuals on eleven
airplanes belonging to Mr. Garland and worked on four other aircraft
belonging to Mr. Garland. Later when Mr. Garland did have a
mechanic, but not an A.I., Mr. Shore inspected and signed off annuals
of two airplanes that Caldwell Aviation had done the maintenance on.
The two planes involved were N9358P (owned by Phil Batt and Walt
Lowe) and N6071F (owned by Mr. Dean Dishman.) In recent months,
Mr. Al Talbot brought his airplane to Mr. Shore asking to have an
annual inspection and stated that he couldn't get anything done at
Caldwell Aviation. Mr. Dean Dishman also told us that they didn't
have time to do his annual so he took his airplane to Treasure
Enterprises in Boise to have the work done.
In the last year, 78% of Mr. Shore's business was from Ag aircraft
maintenance. Of the remaining 22%, approximately 780 of that was
aircraft from other towns that know Mr. Shore's work and wish to
continue using his services. We feel airplanes coming from other
towns to have maintenance done are a help to the FBO as far as -as
sales and the opportunity for them to see aircraft the FBA has for
sale.
With these things in mind, we feel there is enough work to support
two maintenance shops on the field and that Mr. Shore operating a
shop will be an asset rather than a liability to the FBO.
Thank you for your consideration in this matter.
/s/ Bill Test
The Mayor then stated that the general discussion from Mr. Garland
was that he feels that he was willing to allow Mr. Shore to act as
another Fixed Base Operator if he will put up the same type of
facility as Mr. Garland has put up with the same kind of investment.
Mr. Garland felt that the general aviation should either be assigned
to him as Fixed Base Operator, or that Mr. Iest should have to
put up the same type of facility. The Mayor further commented that
this was his feeling as Mayor of the City of Caldwell. The amount of
investment that Mr. Garland has put into this Airpark afford every
bit of encouragement that the City can give him to show a profit.
The F.A.A. told the City that the Aviation Commission had the
control of the airport. The Aviation Commission agreed to support
Mr. Garland's desire. In the meantime, Mr. Dishman found in the
airport file a zoning map that was worked up for the internal zoning
of the airport that showed where certain elements such as
agricultural should be and other operations as well. There was
minutes from the Airport Commission dated November 3, 1976, that
refer to this zoning map. The Commission's decision was based on
this zoning map which does not designate the area that Mr. Shore
was operating in as being for the maintenance of general aviation.
Councilman Hopper was recognized and commented that he felt the
City Council had no other choice 'but to deny it as it would be in
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violation of the contract. If there was some justification or
reason later on that the City could have general maintenance for
other aircraft, it could then be addressed, but right now he did
not think the Council could approve this particularly because
he did not think the Council could approve something that would.
violate the lease. In the contract of Bill Test, it denies him the
right to work on general aviation.
Bill Test was recognized and stated that.where he felt he was in
violation was that he did not get: permission from the City to
sublease. Flight Service was not in the maintenance business, but
Shore and. Shore was. This was where he was in violation of his
lease as he did not apply for permission to sublease.
The Mayor stated that the situation could be based on two things.
One was the zoning factor and the other was whether the Council —'
was willing to assign another Fixed Base Operator with the same
general freedom that Mr. Garland has.
Councilman Raymond stated that as he remembered in the early days
of the Airport, one of the things the City wanted to protect against
was the overlapping of the Agricultural airpark with general aviation
as such. That was why the internal. zoning map was drawn up. At that
time he asked the question from one of the gentlemen from the F.A.A.
about someone else being able to come in and he said that the City
could have as many Fixed Base Operators as they wanted. The City
would establish the guidelines under which they would. all have to
work and the City would have to be equitable in that. If someone
else wanted to come in and apply as a Fixed Base Operator and meet
the same requirements as Mr. Garland has, then the City would have tc
give them permission or else have a valid reason for not doing so.
Councilman Raymond did not feel that the City could overlap these
and spread that general aviation into the agricultural area. This
was some of the control that the City wanted initially and he could
see no reason to change this.
Councilman Hopper pointed out that Mr. Iest had the right to do
his own maintenance.
Councilman Betts was recognized and said that he was not sure that
he was in favor of Bert Garland having the exclusive on all the
maintenance if for no other reason than the fact that a little
competition would improve the service. If there was some reason
legally involved because of the contract, then they could not go
back on that. He was not sure he could go along with the concept
of Bert Garland having the whole operation.
Councilman Hopper stated that Mr. Garland said that there were a
number of factors in running a Fixed Base Operation that were not
profitable. The maintenance areas was the cream of the whole
operation. There was long hours that was gasoline dispensing and
any number of things that the Fixed Base Operator has to do and
where he makes the money was in mechnical repair work. Councilman
Hopper said that he could concur that the City was being a bit
restrictive in competitive action.
The Mayor said that the Fixed Base Operator has the responsibility
for delivering gasoline perhaps after hours. The objection that Mr.
Garland had was for his operation to do all of the other tasks and
then have another group taking part of the maintenance work.
The City Council discussed this item at some length. The Mayor
stated that there was two factors involved here. One was that the
Aviation Commission turned it clown on the fact that he was not
properly zoned to do maintenance in that area and the other was that
Mr. Iest dial not receive permission from the City Council. This
second item was stated in his contract. The question was whether or
not the City Council wanted to back the Aviation Commission on their
determination or not.
MOVED by Raymond, SECONDED by Hopper to abide by the decision of
the Airport Commission and restrict the general aviation maintenance
to that area that was provided by zoning of the airport to general
aviation.
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Roll call vote. Those voting yes: Raymond, Hopper, Carter,
and Williams. Those voting no: Betts. Abstain: Mallea. Absent
and not voting: none.
MOTION CARRIED
(L.I.D. PROCEDURES)
The Mayor stated that there was a complaint regarding a street
up on Canyon Hill. This was an area that looked like there could
be a forced L.I.D. to help the situation. It was requested that
the City Council consider this possibility. The Mayor felt the
request should be taken under consideration and get together to
discuss it.
Councilman Hopper suggested that perhaps a workshop could be held
by the City Council with regard to this item.
(RECOMMENDATION ON BIDS FOR WELL #12 PUMP, MOTOR AND CONTROL)
The next item presented by the Mayor was with regard to the bids
for Well #4 pump, motor and control. The Mayor then called on
Mr. Lewis, City Engineer, for this recommendation.
Mr. Lewis reported that the Engineering Department had analyzed the
bids and turned the recommendation over to the Bid Committee and he
would assume that the Committee would now submit the recommendation.
Councilwoman Mallea was then recognized and stated that the Committee
did receive the recommendation for the bid award which they had
reviewed. The recommendation was to award the bid to the low bidder,
Agri Lines, in the amount of $14,691.13.
MOVED by Mallea, SECONDED by Hopper to accept the recommendation of
the Engineering Department and the Committee to accept the low bid
from Agri Lines in the amount of $14,691.13.
-- MOTION CARRIED
(BURGLARY ALARM ORDINANCE)
The Mayor passed out copies of this proposed bill to each member of
the City Council and asked that they look it over for future action.
(ADOPT POLICY ON IMPROPER SEWER HOOKUP)
The Mayor read this proposed policy as follows:
Should it be determined that the basement drain has been
installed at a level inadequate to guarantee protection against
backup and flooding under normal sewer usage conditions, the
City will disallow any claims for damages should this situation
occur.
The occupant or owner of such a dwelling or business will be
encouraged to install a proper checkvalve to protect against
possible damage.
MOVED by Carter, SECONDED by Hopper that this policy be accepted and
adopted with regard to the improper sewer hookup.
Roll call vote. Those voting yes: Carter, Betts, Williams,
Raymond, Mallea, and Hopper. Those voting no: none. Absent and not
voting: none.
MOTION CARRIED
(DISCUSSION ON INDIAN CREEK HAZARD)
The Mayor stated that the next item on the Agenda was discussion
with regard to the hazard on Indian Creek by the water wheel. The
Mayor asked Councilman Betts if he had contacted the Linns Club
with regard to this.
Councilman Betts reported that he had talked with the Lions Club
with regard to them doing this as a civic service. They did have
the monies and Councilman Betts informed them that the City would
put a sign there stating that the Lions Club had donated their monies
for the project.
Book 21
(ARBITRATION WITH VIPCO)
Page 224
The Mayor reported that he had d=iscussed this with Mr. Lewis and the
spent some time with the City Attorney the day before and he was
planning to come to the City hall for further discussion today. The
was a list of names of people who might be acceptable for
arbitration and the Mayor, City Engineer, and the City Attorney
believed that they were able to pick the people that would be the
most acceptable to the City Council..
MOVED by Raymond, SECONDED by Carter that the Mayor, City Engineer,
and City Attorney be allowed to accept the ratings of the individual:
that were acceptable for arbitration.
MOTION CARRIED
(MEETING WITH MR. MESSURI AND MR. HARWARD)
The Mayor reported that there was a meeting scheduled at 1:00 p.m:
that day with Mr. Messuri and Mr. Harward to discuss the joint
use of computers and bookkeeping between Nampa and Caldwell.
(IVATER BILLING CHANGE)
The Mayor informed the Council that they were working on the
possibility of changing the water billing to every other month.
This would save money and labor and would also be in conjunction wit}
the City of Nampa.
(COSTS FOR IDA -ORE)
The Mayor reported that he received a letter from Canyon County
in regard to the cost for Ida -Ore this year. Caldwell's share was
$813.53 and would have to be budgeted for in the upcoming budget.
(DEEDS AND EASEMENTS)
The City Engineer reported that he had one Easement he would like
to present to the City Council for approval. This was from Leo M.
Kunz and Robert L. Kunz and was located at Bozwell Tweeds. It was
his recommendation that it be accepted.
MOVED by Hopper, SECONDED by Mallea that the Easement as
presented by Mr. Lewis be accepted and that the Clerk be
instructed to have it recorded.
MOTION CARRIED
There being no further business, the Meeting was adjourned at
1:10 P.M.
APPROVED AS written THIS 5th DAY OF August 1980.
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ATTEST:
City Clerk