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HomeMy WebLinkAboutMinutes City Council - 07/07/1965MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 7, 1965 2:00 p.m. PRESENT: Mayor McIver Furman Mayor Pro Tem Jack R. Blackmon Commissioners: Patrick J. Dunne Dr. P. Jimenez, Jr. Ken McDaniel Ronnie Sizemore Wm. H. Wallace Army. i_. City Manager Herbert W. Whitney City Attorney I. M. Singer City Secretary T. Ray Kring Mayor McIver Furman called the meeting to order. The Invocation was given by Major James A. Anderson, of the Salvation 7,46 `1 City Secretary T. Ray Kring called the roll of those in attendance. Motion by Blackmon, seconded by McDaniel and passed that the minutes of the regular meeting of June 30, 1965, be approved as furnished to the Council. Mayor Furman nominated the following to the Committee on Human Relations: C. V. Guzman, replacing Rev. Josue Gonzalez who has moved from the City; and Lt. R. A. Logai, replacing Lt. Comdr. F. M. Comstock, now retired from the Navy, ex - officio member. The foregoing nominations were seconded by Sizemore and Dunne, and were unanimously approved and confirmed by the Council. Bids were opened and read on construction of Saxet Heights Street Improve- ments from the following; FOWCO Construction Co.; South Texas Construction Co.; Heldenfels Brothers; and Womack & Manning. The foregoing bids were tabled for forty-eight hours as required by City Charter, and referred to the City Manager for tabulation and recommendation. Mayor Furman announced the public hearing on the application of Logue and Patterson Inc. for a permit to drill Well No. 1, C. H. Harrington Lease, in Block 19, Section 3, Highway Village Subdivision. City Manager Whitney presented the application; pointed out the proposed location of the well on a .923 acre lot owned by the applicant, approximately 1600 feet south of Highway 9 and approximately 2100 feet east of McKenzie Road, in Block 19, Highway Village Subdivision; explained the proposed depth of the well is 7,000 City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 2 feet, casing to 200 feet below the surface; that the applicant has submitted copy of Railroad Commission permit dated May 28, 1965; certificates of liability insurance and property damage of $250,000/$500,000; and the necessary filing fee. Mr. Whitney pointed out that the proposed location is in a platted subdivision seventy-five feet from McCain Drive. J. W. Gary, attorney representing the applicant, answered questions from the Council, particularly with respect to safety precautions in view of the distance of the proposed well site from the road. No one appeared in opposition to the application. Motion by Wallace, seconded by Dunne and passed that the hearing be closed. Motion by Jimenez, seconded by Wallace and passed that Logue and Patterson Inc. be granted the permit to drill Well No. 1, C. H. Harrington Lease, in Block 19, Section 3, Highway Village Subdivision, as applied for. Mayor Furman welcomed Mrs. Cecil Burney and her distinguished visitor, Mr. Alberto Giomo, a member of the Italian Parliament, accompanied by an interpreter from the State Department, and presented Mr. Giomo with a Certificate of Honorary Citizenship of Corpus Christi. Mayor Furman brought up the pending item of Application #365-8, of Dr. L. R. Sherrill, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 1, Block 1, and Lot 1, Block 3, Retama Grove, on which public hearing was held May 5, 1965, and on which decision was postponed until the full Council was present due to subsequent protest which in- voked the 20% Rule. Motion by Blackmon, seconded by Jimenez that the hearing be reopened. In discussing the motion, the Council felt that all of the interested parties, both for and against, should be notified if a hearing is to be reopened, and the motion to reopen the hearing was withdrawn. Commissioner Wallace pointed out that it had been indicated that the ap- plicant would prefer to withdraw the application rather than to receive a negative vote; and suggested that there be an indication of the members of the Council as to what they would be willing to approve, and if it was acceptable to the applicant, City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 3 the decision could be made now, and an enabling ordinance brought forward to dis- pose of the application before the meeting was adjourned, but if otherwise the applicant could be permitted to withdraw the application. It was suggested that "A-1" zoning might receive a favorable vote, and the applicant was asked if this would be acceptable. Carl Hardin, attorney representing his wife Dr. Sherrill and her mother who were present, asked for an explanation of the ground coverage, number of stories, height of building number of apartment units, and number of parking spaces involved in the "A-1" District. Following the answers to his questions, Mr. Hardin stated that the applicant would be happy to accept the "A-1" zoning and would try to de- velop the .property '91'eY sospkes, depending on the amount of money available. Motion by Jimenez, seconded by Wallace that the change of zoning be denied, but that in lieu an ordinance be brought forward changing the zoning on Lot 1, Block 1, and Lot 1, Block 3, Retama Grove, from "R -1B" to "A-1" Apartment House District. On roll call vote, Furman, Blackmon, Dunne, Jimenez, McDaniel, and Wallace all voted "Aye", Sizemore voted "Nay", and the Chair declared the motion had passed 6 to 1. Mayor Furman called for the City Manager's Reports. Motion by Blackmon, seconded by Dunne and passed, that the City Manager's Reports, with the exception of Item "f" re Loss of Water Study to be voted on sep- arately, be accepted and the recommendations and requests be approved and granted, as follows: a. That the award of contract to Austin Bridge Company in the sum of $3,340.00 for construction of the Corpus Christi Marina Improvements, Unit IV, be approved; and that appropriation in the sum of $3,700.00 be granted; b. That the plans and specifications for the construction of two Spray Pools, one each at South Bluff and Oak Park, be approved; and that authority to advertise for bids to be received on July 28, 1965, be granted; c. That acceptance and payment of final Estimate No. 1 in the amount of $9,833.49 to King Construction Company for construction of Saratoga Drainage City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 4 Improvements, Unit III, Erosion Control, be approved; d. That acceptance and payment of final Estimate No. 10 in the amount of $10,112.00 to F. M. Thornton for construction of the Oso Sewage Plant Improve- ments, Unit III, be approved; e. That the acquisition of Parcel No. 7 from Arthur W. Allen for the sum of $162.00, and of Parcel No. 14 from C. R. Burnett for the sum of $355.00, for right of way in connection with the Turkey Creek Trunk Main, be approved; f. Re City participation in cost of Loss of Water Study, acted upon separately, as stated in the motion, as recorded later in these minutes; g. That the bid award on Annual Supply Contract for Lubricated Plug Valves be made on the basis of low bid meeting specifications, to Wallace Company, Inc. for approximately 200 Semi -Steel Lubricated Plug Valves in sizes 1" thru 16", in the amount of $14,349.90; (Bid Tabulation #25) h. That the bid award on Annual Supply Contract for Gas and Water Meters be made on the basis of low bid meeting specifications, to Rockwell Manufacturing Co., for Items 1, 3, 4, 5, 6, 12, 13, 16, 17, and 18, in the sum of $54,103.73; to The Sprague Meter Co., for Item 2, in the sum of $1,837.50; to Calmet Meter Div. of Worthington Corp., for Items 7, 8, 9, 10, 11, and 14, in the sum of $44,323.60; and to Hersey-Sparling Meter Co., for Items 19 and 20, in the sum of $6,577.00; making a grand total of $106,841.83; (Bid Tabulation #26) i. That the bid award on Annual Supply Contract on Policemen's Uniforms be made on the basis of low bid meeting specifications to Best Tailors, Inc., in the sum of $7,948.12; (Bid Tabulation #27) J. That the bid award on Annual Supply Contract on Street Sign Blanks be made on the basis of low bid meeting specifications to Sargent -Sowell, Inc., for approximately 800 Street Name Sign Blanks and 875 Traffic Sign Blanks, in the sum of $2,209.00; (Bid Tabulation #28) k, That the bid awards be made on the basis of low bid meeting specifi- cations for Annual Supply Contracts on 17 items for a grand total of $165,420.20, to Electronic Equipment & Engineering Co., for Radio Tubes, in the sum of $2,259.69; City of Corpus Christi, Texas Regular Counncil Meeting July 7, 1965 Page 5 to Cathodic Protection Service, for Anodes, in the sum of $5,308.33; to L. L. Ridg- way Company, Inc., for Blueprint Service, in the sum of $5,151.10; to Big Three Industrial Gas & Equipment Co., for Oxygen and Acetylene, in the sum of $2,109.68; to Jack H. Scholl Lumber Co., for Lumber & Survey Stakes, Lot I, in the sum of $11,272.94, and for Lot II, in the sum of $1,543.50; to Armstrong Lumber Co., for Lumber & Survey Stakes, Lot III, in the sum of $848.93; to Campbell Fertilizer Co., Inc., for Commercial Fertilizer, in the sum of $5,145.00; to South Texas Linen Ser- vice, for Linen & Towel Service, in the sum of $2,720.62; to Southland Battery Ware- house, for Automotive & Flashlight Batteries, Lot I, in the sum of $3,914.13; to Tropical Supply, Inc., for Automotive & Flashlight Batteries, Lot II, in the sum of $1,980.00; to Alamo Iron Works, for Manila & Wire Rope, Chain, Clamps & Hooks, Lot I, in the sum of $391.87; to Gulf Supply Company, Inc., for Manila & Wire Rope, Chain, Clamps & Hooks, Lot II, in the sum of $1,965.20, and Lot III, in the sum of $470.55; to Gulf Supply Company, Inc., for Hand & Garden Tools, Lot I, in the sum of $691.37; to Wallace Company, Inc., for Hand & Garden Tools, Lot II, in the sum of $1,366.51, and Lot III, in the sum of $5,360.61; to Girard Machinery & Supply Company, for Hand & Garden Tools, Lot IV, in the sum of $619.17; to Trans -Tex Supply Co., for M. J. Gate Valves, Lot I, in the sum of $28,134.48; to Ludlow -Rensselaer Valve Co., for M. J. Gate Valves, Lot II, in the sum of $12,674.34; to Tyler Pipe & Foundry Com- pany, for M. J. Cast Iron or Ductile Iron Fittings, Lot I, in the sum of $16,404.91, and Lot II, in the sum of $5,059.25; to American Cast Iron Pipe Company, for M. J. Cast Iron or Ductile Iron Fittings, Lot III, in the sum of $5,260.80; To McAllen Pipe & Supply Co., Inc., for Fire Hydrants, in the sum of $13,023.74; to Brooks Cast Products of Texas, Inc., for Foundry and/Concrete Items, Lot I, in the sum of $2,967.20; to Gulf Star Foundries, for Foundry and Cast Concrete Items, Lot II, in the sum of $6,995.30, for Lot III, in the sum of $2,265.61, for Lot IV, in the sum of $1,448.37, and for Lot V, in the sum of $237.60; to The Sprague Meter Company, for Gas Regu- lators (House type), in the sum of $8,250.00; to Alamo Clay Products Co., for Bricks, Lot I, in the sum of $3,885.00; to Texcrete Company, for Bricks, Lot II, in the sum of $1,250.48; and to Zaraky Lumber Co. Corpus, Inc., for Bag Portland Cement, in l City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 6 the sum of $4,440.00; (Bid Tabulation #29) 1. That participation by the City to the extent of not exceeding $15,000 for acquisition of the triangular shaped piece of property, adjoining the Parkdale State Bank at the intersection of Staples and Everhart, be approved subject to the participation of the Bank and the owners of the Auto City Complex and agreement with Humble Oil & Refining Company. Item "f" of the City Manager's Reports was considered separately, relative to the recommendation that the City participate to the extent of $2500.00, in one- half of the local cost for a Water Loss Survey between the Wesley Seale Dam and Calallen, on the basis of one-half of the total estimated cost of $20,000.00 to be paid by the United States Geological Survey, one-fourth by the Texas Water Commis- sion, and one-fourth by the Water District and the City. Commissioner Wallace stated he would have to vote against the expendi- ture of $2500 of the taxpayers' money for such a study on the basis that he feels this is a responsibility of the Water District; and Commissioner Sizemore concurred wholeheartedly with these statements. Mayor Pro Tem Blackmon stated that he felt as Mr. Wallace does in regard to the value of knowing what happened to so many thousands of gallons of water as of a certain time, and that that information, specifically, might not be of great help to the City, but that this particular study will be of great value to us in our dealings with our sister cities in con- sideration of other things, that the City should pay for such study, and that it will benefit our studies for developing those resources that will give us an addi- tional amount of water, and that he was therefore in favor of the expenditure. Voting on the motion to accept and approve Item "f" of the City Manager's Reports, Furman, Blackmon, Dunne, and Jimenez voted "Aye", and McDaniel, Sizemore, and Wallace voted "Nay". The Chair,declared the motion had passed 4 to 3. Motion by Dunne, seconded by Blackmon and passed that the salary of the Judge of Corporation Court No. 2 be established at $7500.00 per year as of July 1, 1965. City Manager Whitney explained that Coastal States Crude Gathering Com- pany has requested permission for two pipelines in connection with their franchise, City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 7 rather than the one pipeline designated in the enabling ordinance, and recommended that the ordinance granting the franchise be amended before the third and final reading to permit the two lines, and that the eleventh paragraph of the ordinance be amended to add that the use of the words "pipe" or "pipeline" shall include the plural as well as the singular.. Motion by Blackmon, seconded by Sizemore and passed that before the third reading the Council amend Section 1 of the Ordinance granting a franchise to Coastal States Crude Gathering Company by striking all of Line 5 of said Section and adding in lieu thereof "two 6-5/8" O.D. liquid petroleum lines along the the following route:"; and amend the ELEVENTH paragraph by changing the period to a semi -colon and adding the following language: "the use of the words 'pipe' or 'pipeline' shall in- clude the plural as well as the singular." ORDINANCE NO. 7624 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565 ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING OF LOTS 1 THROUGH 11 INCLUSIVE, JOHNS INDUSTRIAL SUBDIVISION AS FILED FOR RECORD IN VOL. 30, PAGE 1, MAP RECORDS OF NUECES COUNTY, TEXAS, SAID PROPERTY ALSO BEING KNOWN AS LOTS 1 AND 2, BLOCK 9, BALDWIN FARM LOTS PARTITION, A PORTION OF BLOCK 15, J. C. RUSSELL FARM LOTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; RE- PEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7625 RECEIVING AND ACCEPTING THE CONSTRUCTION OF SARATOGA DRAINAGE IMPROVEMENTS UNIT III, EROSION CONTROL, PROJECT NO. 295-64-37.1, AS PERFORMED BY THE CONTRACTOR, KING CON- STRUCTION COMPANY, UNDER THEIR CONTRACT DATED MAY 19, 1965, AUTHORIZED BY ORDINANCE NO. 7577; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 1, DATED JULY 1, 1965, IN THE AMOUNT OF $9,833.49, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, $9,000.00 OF SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED BY SAID ORDINANCE NO. 7577 FOR CONSTRUCTION AND CONTINGENCIES, AND $833.49 TO BE PAID FROM THE APPROPRIATION HERETOFORE MADE IN ORDINANCE NO. 7422; THERE IS FURTHER HEREBY REAPPROPRIATED THE SUM OF $521.90 OF THE FUNDS HERETOFORE APPROPRIATED IN SAID ORDINANCE NO. 7422 FOR THE REIMBURSEMENT OF LEGAL ADVERTIS- ING AND ENGINEERING EXPENSES INCURRED BY THE DEPARTMENT OF PUBLIC WORKS IN CONNEC- TION WITH SAID PROJECT; AND DECLARING AN EMERGENCY. City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 8 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7626 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH AUSTIN BRIDGE COMPANY FOR CONSTRUCTION OF THE .CORPUS CHRISTI MARINA IMPROVEMENTS, UNIT IV; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUNDS CURRENTLY BUDGETED IN CORPUS CHRISTI MARINA ACTIVITY NO. 4151, CODE 502, THE SUM OF $3,700 OF WHICH AMOUNT $3,340 IS FOR THE CONSTRUCTION CONTRACT AND $360 IS FOR CONTINGENCIES INCLUDING LEGAL ADVERTISING;AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye''. ORDINANCE NO. 7627 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $517.00, OF WHICH AMOUNT $162.00 IS FOR ACQUISITION OF UTILITY EASEMENT PARCEL NO. 7 AND $355.00 IS FOR ACQUISITION OF UTILITY EASEMENT PARCEL N0. 14, TURKEY CREEK TRUNK MAIN PRO- JECT N0. 250-64-36.7, IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7628 RECEIVING AND ACCEPTING CONSTRUCTION OF MODIFICATIONS TO THE OSO SEWAGE TREATMENT AND FERTILIZER PLANTS, UNIT III, PROJECT N0. 250-61-25.3, AS PERFORMED BY THE CON- TRACTOR, F. M. THORNTON, UNDER HIS CONTRACT DATED MARCH 25, 1964, AUTHORIZED BY ORDINANCE N0. 7180; DESIGNATING THE DATE OF JANUARY 22, 1965, AS THE DATE OF SUB- STANTIAL COMPLETION OF ALL WORK FOR PURPOSES OF MAINTENANCE GUARANTEE AS SET OUT IN THE SPECIFICATIONS, EXCEPT THAT OF THE INCINERATOR PLANT, FOR WHICH THE EFFECTIVE MAINTENANCE GUARANTEE DATE IS DESIGNATED AS JUNE 30, 1965; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 10 DATED JULY 1, 1965 IN THE AMOUNT OF $10,112.00, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 250 SANITARY SEWER BOND FUNDS PREVIOUSLY APPROPRIATED; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE N0. 7629 THIRD READING OF AN ORDINANCE GRANTING/TO COASTAL STATES CRUDE GATHERING COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR AND REMOVE A CERTAIN PIPELINE WITHIN THE SPECIFICALLY DESIGNATED LOCATIONS BENEATH, ALONG AND ACROSS CERTAIN STREETS, ROADS AND AVENUES EXTENDING FROM THE POINT ON KOSAR ROAD AT THE CITY LIMITS LINE WEST OF City of Corpus Christi, Texas Regular Council Meeting July 7, 1965 Page 9 CORPUS CHRISTI INTERNATIONAL AIRPORT AND FM ROAD 763, TEXAS STATE HIGHWAY 44, OMAHA DRIVE, BALDWIN BOULEVARD AND CANTWELL LANE FOR THE TRANSPORTATION OF LIQUID PETROLEUM PRODUCTS; SETTING FORTH CERTAIN TERMS OF SAID FRANCHISE; PROVIDING FOR FORFEITURE OF FRANCHISE UNDER CERTAIN CONDITIONS; PROVIDING FOR PUBLICATION; AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THIS FRANCHISE. The foregoing ordinance was read for the third time and passed finally by. the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7630 THIRD READING OF AN ORDINANCE GRANTING A FRANCHISE TO HOUSTON PIPELINE COMPANY TO LAY, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, AND REMOVE CERTAIN PIPELINES WITHIN .. SPECIFICALLY DESIGNATED LOCATIONS BY CROSSING SAID STREETS, ROADS AND HIGHWAYS AT SAID DESIGNATED POINTS, FOR THE TRANSPORTATION OF PETROLEUM PRODUCTS INCLUDING GAS; SETTING FORTH THE TERMS OF SAID FRANCHISE; PROVIDING FOR PUBLICATION; AND SETTING FORTH OTHER PROVISIONS PERTAINING TO THE FRANCHISE. The foregoing ordinance was read for the third time and passed finally by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7631 AN ORDINANCE GRANTING AUTHORITY TO SOUTHERN COMMUNITY GAS COMPANY TO ASSIGN TO NUECES INDUSTRIAL GAS COMPANY ALL RIGHTS, PRIVILEGES AND FRANCHISES GRANTED TO SOUTHERN COMMUNITY GAS COMPANY BY ORDINANCE NO. 6856 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON APRIL 3, 1963; PRESCRIBING CONDITIONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". ORDINANCE NO. 7632 AN ORDINANCE GRANTING AUTHORITY TO SOUTHERN COMMUNITY GAS COMPANY TO ASSIGN TO NUECES INDUSTRIAL GAS COMPANY ALL RIGHTS, PRIVILEGES AND FRANCHISE GRANTED TO SOUTHERN COMMUNITY GAS COMPANY BY ORDINANCE NO. 6857 FINALLY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ON APRIL 3, 1963; PRESCRIBING CONDITIONS; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Furman, Blackmon, Dunne, Jimenez, McDaniel, Sizemore and Wallace, present and voting "Aye". No one appeared in answer to Mayor Furman's invitation for anyone with petitions or information on matters not scheduled on the agenda to come forward and be heard.