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ems► n 'r, meeting, and the minutes to be approved as mailed. This was followed by discussion. The Mayor asked Councilman Weiss if he would allow these minutes to stand as mailed and have these statements made tonight be made 4 part of tonights meeting. This was followed by further discussion. Councilman Weiss did not go along with the Mayor's request. The motion lost on roll call with Councilman Granger, Spillers and Mayor Royer voting No and Councilman Bri w chgi being noted absent. Councilman Spillers moved approval of the minutes as mailed, seconded by Councilman Herkner and carried. Councilman Weiss moved that his statements be included in tonights minutes, seconded by Councilman Spillers and carried. PERSONAL APPEARANCE, AWARD OF COURTESY DRIVER OF THE WEEK BY THE JUNIOR CHAMBER OF COMMERCE. The Mayor passed over this item for the time being because Mr. Parsons was not present to represent the Junior Chamber of Commerce. PERSONAL APPEARANCE, ROBERT P. DAVIS, PROTEST PLANNING COMMISSION RECOMMENDATION TO DENY RESUBDIVISION AND USE PERMIT FOR AUTO REPAIR GARAGE - Southerly corner Middlefield Road and Flynn Avenue (portion Lot 238, Redwood Village). Mr. Ted Seufert, representing Mr. Davis, was told by the City Attorney he would be required to make his appeal in writing and then the Council would set the matter for public hearing. The Clerk read the letter from the Planning Commission wherein it stated that they denied a use permit allowing a public garage on a portion of Lot 6, Hill Knowles Tract, and a portion of Lot 238, Tract 515 Redwood Village. The Planning Commission also denied the applicantls request for a resubdivision of a portion of Lot 238, Tract 545 Redwood Village, to be incorported into a portion of Lot 6, Hills Knowles Tract, on the basis that Lot 238 is now zoned R-1 and Lot 6 is now zoned C -1-H. Mr. Seufert spoke about Lot 238 and its zoning and the zoning in the area. The City Attorney suggested that the Council waive the right to appeal the use permit in writing and the Council to proceed and set the public hearing. Mr. Seufert stated that they did not want the use permit if the property can not be resubdivided. The City Attorney stated that the resubdivision was turned down by the Planning '..i Commission and was not subject to appeal before the Council. The Council can, however, waive this and hear any appeal they care to. This was followed by discussion in regard to what procedure Mr. Davis has or can take. Councilman Spillers moved to set the public hearing for two weeks for reconsideration of the resub- division, seconded by Councilman Granger and carried. This was followed by discussion in regard 'to the resubdivision and the size of the resubdivision. Councilman Granger asked about the set backs and what should be allowed according to the ordinance at the time of the annexation and what zoning had been considered at that time. He thinks that this information would be the key to the whole situation. Councilman Spillers moved to set the public hearing in two weeks for the appeal of the use permit, waive the written appeal, seconded by Councilman Weiss and carried. REPORT ON BID OPENING FOR FIRE HOSE. The following bids were received: „■� Pacific Fire Extinguisher Co. $ 3,667.83 American Equipment Co. 3,0112.00 woo H. L. Park -man Co. 2,118040 The low bid of H. L. Parkman Company for American Rubber Company hose meets all specifications, and it is the recommendation of the City Manager, concurred in by the FireChief, that this bid be accepted. Funds for this purchase were appropriated in the current budget. Councilman Spillers moved approval "9 of the recormiendation, seconded by Councilman Stout and carried. CITY ATTORNEY REPORT IN REGARD TO THE DEED FROM THE ARGUELLO ESTATE. The City Attorney stated that he talked to the attornies and he was told that they are in the process of getting title and they believe that a condemnation suit should be filed. They will be presenting a resolution in the near future condemining the property. Councilman Granger asked about condemning the freight shed. This was followed by discussion and it was the general opinion of the Council that they only do one at a time.