Minutes 1979/03/19
4194
Roll Call
Intro. pew emp.
V. Gardner
Consent
Calendar
Minutes
March 19, 1979
Gilroy, California
The Regular Meeting of the Gilroy City Council was called to order
by His Honor Mayor Norman B. Goodrich at 8:00 p.m.
Present: Council Members: Brian D. Cunningham, Roberta H. Hugh an ,
Marion T. Link, John E. Pate, David V. Stout and Norman B. Goodrich. Absent:
Council Member William E. Childers.
The Mayor introduced new employee Vernon A. Gardner, Police Commander.
Motion was made by Councilman Cunningham seconded by Councilman Pate
that the following items under the Consent Calendar be adopted by the follow-
ing Roll Call Vote: Ayes: Council Members: Cunningham, Hugh an , Link, Pate,
stout and Goodrich. Absent: Council Member: Childers.
Approved the Minutes of the Regular Council Meeting of March 19,
1979;
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Salary
Increases
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......
Dev. Dev. Agree.
J. Dieher
Bids re: Tree
Sprayer
Bids re: San
Ysidro Park
(Bark)
Pub. Hear. re:
HCD Budget
JI!If"''''"''
""'-
Bark-San Ysidro
Park
Pub. Hear. re:
Appeal-Filbro
Dev. Co.
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4195
Approved the following Salary Achievement Increases for Eight (8)
City Employees effective April 1, 1979: James Burchfield, Groundskeeper II,
Range 27 from step B, $989/mo. to step C, $1038; Wade Berry, Tree Climber,
Range 27 from step D, $1090 to Step E, $1144; Gregory Guisiana, police
Officer, Range 32.5 from step D, $1425 to Step E, $1496; Terry Vierra,
Sergeant, Range 36 from Step C, $1609 to Step D, $1689; Charles Ellevan,
Police Officer, Range 32.5 from step A, $1231 to Step B, $1293; Linda
DeJesus, Clerk Typist I, Range 22.5 from Step A, $767 to Step B, $805;
Nancy Hoenck, Building Inspector, Range 34.5 from Step A, $1359 to Step B,
$1425; and Herman Sandoval, Groundskeeper I, Range 25 from Step B, $899 to
step C, $941;
Approved a Deferred Development Agreement with James Dieher.
A report on bids received for one (1) Hydraulic Tree Sprayer was
presented recommending awarding the low bid of Tractor Equipment Sales in
the amount of $9,802.90. Motion was made by Councilman Link seconded by
Councilman Cunningham and carried that the bid of Tractor Equipment Sales
in the amount of $9,802.90 be awarded as recommended.
A Report on bids received for Walk-on and Decorative Bark for San
Ysidro Park was noted. Discussion was had and Council tabled action on
the bids for said project to follow the public Hearing on the proposed
HCD Budget Amendment.
The Mayor stated that it was the time and place scheduled for a
continued public Hearing on a proposed amendment to the City's Housing
and Community Development (HCD) Program.
HCD Grant Coordinator McGowan presented and explained the Staff
Report previously noted at the public hearing on March 5, 1979. Dis-
cussion was had in regard to using the funds for street improvement
instead of the purchase of the bark for San Ysidro Park.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter. There was no comment from anyone in
the audience.
Motion was made by Councilman Cunningham seconded by Councilman
Link and carried that the Public Hearing be closed.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that the proposed Budget Amendment to the HCD
Program in the amount of $3,049.00 be approved for the purchase of land-
scaping materials for San Ysidro Park (formerly Eastside Park). Council
Members Link and stout voted "no" on the motion.
Motion was made by Councilwoman Hughan seconded by Councilman
Cunningham and carried that a Budget Amendment in the amount of $6,118.00
be approved and the low bid of Sequoia Forest Products be awarded in the
amount of $11,400.00 for waid wood bark dover for San Ysidro Park to
include $1,500.00 of new funds to complete said project in the amount of
$12,900.00. Councilmembers Link and stout voted "no" on the motion.
The Mayor stated that it was the time and place scheduled for a
public hearing on an appeal of Filbro Development Company regarding the
Planning Commission's decision to deny a rezoning request for 1.4 acres
located on the southwest side of princevalle Street, northerly of Thomas
Road from R2 (Two-Family) to R3 (Low-Density Multiple-Family) District.
Planning Director Dorn presented and explained the Staff Report
regarding same.
The Mayor asked if there was anyone in the audience wishing to
speak for or against the matter.
Mr. Ernest S. Filice, 7631 Filice Drive, applicant, addressed the
Council further explaining said proposal, noting that said request is not
for an increase in the build-out schedule.
The Mayor asked if there was anyone further in the audience wishing
to speak for or against the matter. There was no comment from anyone in
the audience.
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4196
Res. #79-16
Hearing re:
Doman-Sewer
Interceptor
Proj.
Res. #79-17
Discussion was had by Council on the matter. Motion was made
by Councilwoman Hughan that the reading of Resolution No. 79-16 be
waived and that it be adopted approving the Planning Commission's
recommendation to deny said zoning request.
....
....
RESOLUTION NO. 79-16
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DENYING A REZONING
REQUEST FOR 1.4 ACRES LOCATED ON THE SOUTHWEST SIDE OF PRINCEVALLE
STREET, NORTHERLY OF THOMAS FOAD FROM R2 (TWO-FAMILY) TO R3 (LOW-
DENSITY MULTIPLE-FAMILY) DISTRICT.
PASSED AND ADOPTED this 19th day of March, 1979, by the following
vote:
AYES:
NOES:
AB SENT:
---
COUNCIL MEMBERS: HUGHAN,PATE, STOUT and GOODRICH
COUNCIL MEMBERS: CUNNINGHAM and LINK
COUNCIL MEMBER: CHILDERS
...
Eminent The
a hearing
Project.
Mayor stated that it was the time and place scheduled for
on action in Eminent Domain for the new Sewer Interceptor
City Administrator Wood presented and explained agreements
with T. Berry, et ux; John Norton Farms, an Arizona Corp.; S. Hira-
saki, et al; and Robert J. Lindeleaf, et ux.
Motion was made by Councilman Link seconded by Councilwoman
Hughan and carried that four (4) agreements be approved as presented
giving special attention to Stipulation #6 of the Lineleaf Agreement,
specifically, that the City agrees to waive the Williamson Act
;enalties due the City only; penalties due to the State or County are
excluded from the City's commitment.
The Mayor asked if there was anyone in the audience wishing to
speak on the matter.
Mr. Gene Beresini, representing P. G. & E., addressed the
Council and noted that they are in accord with the project; however,
have concern of the proximity of excavation along their power line
adjacent to said project.
.....
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The Mayor asked if there was anyone further in the audience
wishing to speak on the matter. There was no comment from anyone in
the audience.
Motion was made by Councilman stout seconded by Councilman
Link that the reading of Resolution No. 79-17 be waived and that it
be adopted determining that the public interest and necessity require
the acquisition of certain land and directing the filing of Eminent
Domain proceedings.
RESOLUTION NO. 79-17
A RESOLUTION DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF
EMINENT DOMAIN PROCEEDINGS.
PASSED AND ADOPTED this 19th day of March, 1979, by the following
vote:
AYES:
COUNCIL MEMBERS:
CUNNINGHAM,
GOOD RICH
NONE
CHILDERS
HUGHAN, LINK, PATE, STOUT and
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
-
County Referral- The Mayor asked if there was anyone present in the audience
Maciel-Auto wishing to speak on any matter not on the Agenda.
Wrecking Yd.
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Mr. Richard S. Harrison, attorney, addressed the Council,
representing an applicant for an auto wrecking year in the San Martin
area referred from the Ctiy of Morgan Hill to the Gilroy Planning
Commission. He noted that the Gilroy Planning Commission were
opposed to said application and that he was not able to attend said
Planning Commission meeting, and that they were not informed of
the facts in the case. He objected to their action since the property
is not in the City of Gilroy's Transition Area nor in the City of
Gilroy's Urban Service Area. He requested that Council refer same
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Gilroy Weighing
Temp. Trailer
Permit
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4197
back to the Planning Commission to hear all the facts in the request
and that if the Planning Department notified the County of the Planning
Commission's action that they be informed of the City re-studying the
matter.
Motion was made by Councilman Pate seconded by Councilman Link
and carried that the matter be referred back to the Planning Commission
for further study and that Staff be instructed to notify the County of
Santa Clara, if they were informed of the Planning Commission's original
action that a letter would be forthcoming in regard to the Planning Com-
mission's further study and reconsideration of the matter.
A request from Gilroy Weighing & Receiving Station, Inc. for an
extension for a temporary trailer used for a Tomato Inspection Station
at 350 E. Ninth Street was presented. Motion was made by Councilman Link
seconded by Councilwoman Hughan and carried that a one (1) year extension
for same be granted.
League of Calif. The League of California Cities Legislative Bulletin dated March
Cities Bulletin 9, 1979, was noted. Council concurred with the League's recommendations.
LAFCO
A letter from the Local Agency Formation Commission was noted in
regard to review of Gilroy's Urban service Area. Discussion was had on
the matter.
Historical Bldg. A letter from King & Domingus, C.P.A., was noted requesting a
7528 Eigle- Historical designation for a residence at 7528 Eigleberry Street. Motion
berry st. was made by Councilwoman Hughan seconded by Councilman Pate that the
reading of Resolution No. 79-18 be waived and that it be adopted declar-
ing the residence at 7528 Eigleberry Street as a Historical Building.
Res. #79-18
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Pacheco Pass
Annex. 79-2
Res. Dev. Ord.
Ind. Land
Corridor
Study
Planning Com.
3/15/79
.. Tent. Map-
Royal West
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RESOLUTION NO. 79-18
RESOLUTION OF THE COUNCIL OF THE CITY OF GILROY DECLARING THE GRAFF-
NICHOLS HouSEA HISTORICAL BUILDING.
PASSED AND ADOPTED this 19th day of March, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: CHILDERS
NOES:
ABSENT:
The following informational items were noted with no separate
discussion on same.
"Pacheco Pass Annexation 79-2 to the City of Gilroy" application
filed with LAFCO, February 21, 1979;
Preliminary Draft of Residential Development Ordinance submitted
by the Growth Management Advisory Committee;
City Industrial Land - North, prepared by the Planning Department; and
Notice of meeting for final recommendation on the Corridor Study.
The Report of the Planning Commission meeting of March 15, 1979,
was noted.
Planning Director Dorn presented and explained the Tentative Map
of Royal west, Inc., for condominium project located on the southerly
extension of Murray Avenue. Motion was made by Councilman Cunningham
seconded by Councilman Stout and carried that the Tentative Map of Royal
West, Inc., as recommended be approved.
Res. #79-19 re: City Administrator Wood presented an amendment to the Joint Powers
Jt.Powers Agree.Agreement for Criminal Justice Planning and Administration. Motion was
Crim. Justice made by Councilman Link seconded by Councilman Cunningham that the reading
of Resolution No. 79-19 be waived and that it be adopted.
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RESOLUTION NO. 79-19
RESOLUTION OF THE GILROY CITY COUNCIL APPROVING AND AUTHORIZING EXECUTION
OF A JOINT POWERS AGREEMENT FOR CRIMINAL JUSTICE PLANNING AND ADMINISTRATION
WITH ELEVEN OTHER SANTA CLARA COUNTY CITIES.
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4198
PASSED AND ADOPTED this 19th day of March, 1979, by the following
vote:
AYES:
COUNCIL MEMBERS:
CUNNINGHAM, HUGHAN,
and GOODRICH
NONE
CHILDERS
LINK, PATE, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Res. #79-20 re:
Corridor Study
City Administrator Wood presented a report on the Corridor
Study noting that on February 27, 1979, Staff met with ABAG and MTC
noting that Route 152 would receive a higher priority and that they
would concur that the language for commercial-industrial in the South
County would be more specific and definite.
""""'-
Motion was made by Councilman Link seconded by Councilman Pate
that the reading of Resolution No. 79-20 be waived and that it be
adoPted approving the Corridor Study subject to Route 152 receiving
higher priority and more specific definite language for commercial-
industrial in the South County. Councilman Cunningham voted "no" on
the motion.
IiIIt.~Wf;';
RESOLUTION NO. 79-20
RESOLUTION OF THE CITY OF GILROY IN SUPPORT OF THE CURRENT AMENDED
DRAFT (DATED FEBRUARY 27, 1979) OF THE SANTA CLARA VALLEY CORRIDOR
EVALUATION STUDY.
PASSED AND ADOPTED this 19th day of March, 1979, by the fOllowing
vote:
AYES:
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
COUNCIL MEMBER:
HUGHAN, LINK, PATE, STOUT and GOODRICH
CUNNINGHAM
CHILDERS
Lewis St. &
Ave. Imps.
Murray Director of Public Works-City Engineer Hansen recommended a
change in the bid opening date for Lewis Street Improvement between
Chestnut Street and Rogers Lane and for Murray Avenue Improvement
at San Ysidro Park to April 12, 1979, at 2:00 p.m.
IIIIIIII\
Motion was made by Councilman Link seconded by Councilman
Cunningham and carried that the change in the bid opening date for
said projects be approved as requested and that same not go beyond
this date.
~
lOth st. Imp.
& Uvas Pk. Dr.
Imp.
Director of Public Works-City Engineer Hansen recommended
approval of the plans and requested authorization to call for bids
on May 3, 1979, at 2:00 p.m. for Tenth Street Improvement from
Orchard Drive to Uvas Park Drive and Uvas Drive Improvement from
Tenth Street to Wren Avenue.
Motion was made by Councilman Link seconded by Councilman
stout and carried that the plans be approved for the Tenth Street
Improvement and for the Uvas Drive Improvement and that bids be
authorized to be opened on May 3, 1979, at 2:00 p.m. as recommended.
Discussion was had in regard to funds for landscaping Uvas
Park Drive. City Administrator Wood noted that he would review same
and report back to Council on the matter. Councilwoman Hughan voted
"no" on the motion regarding the plans and bid opening.
Misc. Street
Paving
Director of Public Works-City Engineer Hansen recommended
approval of the plans and specifications for paving of various
streets and recommended bid opening be scheduled for May 3, 1979,
at 2:30 p.m.
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Motion was made by Councilman stout seconded by Councilman
Link and carried that the plans and specifications for paving of
various streets be approved and bid opening be scheduled for May
3, 1979, at 2:30 p.m. as recommended.
Well #6
Director of Public Works-City Engineer Hansen recommended
approval of the plans and specifications and authorization to open
bids for Well #6 Project on May 3, 1979, at 3:00 p.m.
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SOS Funds
Res. #79-21
~-
Res. #79-22 re:
TDA Funds -
Bicycle
Pathways
..,->...
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Morey Ave.
relinquishment
Sidewalk, Curb
Gutter Mciint.
Policy
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Res. #79-23 re:
Const. Manage.
Services-Waste-
water Treat.
Plant
-..
4199
Motion was made by Councilman Link seconded by Councilman Pate
and carried that the plans and specifications for Well #6 Project be
approved and that authorization be given to open bids on May 3, 1979,
at 3:00 p.m., as recommended.
Director of Public Works-City Engineer Hansen recommended authori-
zation to execute an agreement with the State for expenditure of SOS
Funds and to advertise bids for Thermoplastic Pavement Marking Project.
Motion was made by Councilman Link seconded by Councilman Cunningham
that the reading of Resolution No. 79-21 be waived and that it be adopted
authorizing execution of said agreement with the State for expenditure of
SOS Funds and to advertise bids for Thermoplastic Pavement Marking-Project.
RESOLUTION NO. 79-21
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING
EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR SOS FUNDS.
PASSED AND ADOPTED this 19th day of March, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, LINK, PATE, STOUT and
GOODRICH
COUNCIL MEMBERS: NONE
COUNCIL MEMBER: CHILDERS
NOES:
ABSENT:
Director of Public Works-City Engineer Hansen recommended authori-
zation to file an application with Metropolitan Tnansportation Commission
for allocation of TDA Funds for the Bicycle Pathway Construction Project
along Uvas Park Drive.
Discussion was had on the matter. Motion was made by Councilman
Stout seconded by Councilwoman Hughan that the reading of Resolution
No. 79-22 be waived and that it be adopted, authorizing filing of an
application with MTC for allocation of TDA Funds for Bicycle Pathway
Construction Project along Uvas Park Drive as recommended.
RESOLUTION NO. 79-22
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AUTHORIZING FILING
OF AN APPLICATION FOR FUNDS UNDER THE TDA PROGRAM FOR BICYCLE PATHWAYS.
PASSED AND ADOPTED this 19th day of March, 1979, by the following vote:
AYES: COUNCIL MEMBERS: CUNNINGHAM, HUGHAN, PATE, STOUT and GOODRICH
NOES: COUNCIL MEMBER: LINK
ABSENT: COUNCIL MEMBER: CHILDERS
Director of Public Works-City Engineer Hansen recommended authori-
zation to execute an agreement with the County of Santa Clara for the
relinquishment of Morey Avenue.
Motion was made by Councilman Pate seconded by Councilman Link and
carried that authorization be given for execution of the . Morey Avenue
Relinquishment Agreement with the County of Santa Clara as recommended.
& Director of Public Works-City Engineer Hansen recommended adoption
of a new sidewalk, curb and gutter maintenance policy and further explained
same.
Discussion was had on the matter. The Mayor appointed the following
Councilmembers as an Advisory Committee to study same in conjunction with
the Street Tree Ordinance: Councilmembers: Hughan, Cunningham and Childers.
City Administrator Wood presented and explained an amendment to the
agreement with Harris & Associates for the Construction Management Services
of the Wastewater Treatment Facilities and Interceptor Line.
Motion was made by Councilman Cunningham seconded by Councilman Link
that the reading of Resolution No. 79-23 authorizing execution of said
amendment to the agreement with Harris & Associates be adopted as presented.
4200
Res. #79-24 re:
Const. Eng.
Serv.-Waste-
water Treat.
Facilities
Revenue Study
Agree.-Waste-
water Treat.
Facilities
Res. #79-25
RESOLUTION NO. 79-23
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN
ADDENDUM TO THE AGREEMENT FOR ENGINEERING AND CONSULTING SERVICES
FOR THE WASTEWATER TREATMENT FACILITIES PROJECT, CITY OF GILROY,
CALIFORNIA.
PASSED AND ADOPTED this 19th day of March, 1979, by the following
vote:
AYES:
....
....,
COUNCIL MEMBERS:
CUNNINGHAM, HUGHAN,
and GOODRICH
NONE
CHILDERS
LINK, PATE, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
.....
City Administrator Wood presented and explained an amendment
to the agreement with Consoer Townsend for Construction Engineering
Consultant Services of the Wastewater Treatment Facilities and Inter-
ceptor Line.
....1.
Motion was made by Councilman Link seconded by Councilman
Cunningham that the reading of Resolution No. 79-24 authorizing
execution of said amendment to the agreement with Consoer Townsend
be adopted as presented, subject to the State's approval of same.
RESOLUTION NO. 79-24
RESOLUTION OF THE CITY COUNCIL OF THE CITY
AMENDMENT TO THE AGREEMENT FOR ENG INEERING
SEWERAGE FACILITIES, DATED JULY 20, 1970.
PASSED AND ADOPTED this 19th day of March,
vote:
AYES:
OF GILROY APPROVING AN
CONSULTING SERVICES,
1979, by the following
COUNCIL MEMBERS:
CUNNINGHAM, HUGHAN,
and GOODRICH
NONE
CHILDERS
LINK, PATE, STOUT
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
City Administrator Wood presented and explained the Revenue
Study Agreement for the Wastewater Treatment Facilities and Inter-
ceptor Line Projects.
......
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Motion was made by Councilman Link seconded by Councilman
Cunningham that the reading of Resolution No. 79-25 be waived and
that it be adopted authorizing execution of the Revenue StUdy Agree-
ment as presented for the Wastewater Treatment Facilities and Inter-
ceptor Line Projects.
RESOLUTION NO. 79-25
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY APPROVING AN
AMENDMENT TO THE AGREEMENT FOR ENGINEERING CONSULTING SERVICES -
SEWAGE FACILITIES DIVISION "E" - FINAL REVENUE PROGRAM.
PASSED AND ADOPTED this 19th day of March, 1979, by the following
vote:
AYES:
COUNC IL MEMBERS:
CUNNINGHAM, HUGHAN, LINK, PATE, STOUT
and GOODRICH
NONE
CHILDERS
NOES:
ABSENT:
COUNCIL MEMBERS:
COUNCIL MEMBER:
Res. Dev. Ord. Councilwoman Hughan requested Council direction in regard to
the proposed Residential Development Ordinance submitted by the
Council Growth Management Advisory Committee.
Ind. Land
.....
Council requested that same be re-agendized for Council dis- ...
cussion at the April 2, 1979, regular Council meeting.
Councilman Stout inquired of the author of the City Industrial
Land - North informational matter submitted with this agenda.
Planning Director Dorn noted that the Planning Department
prepared same for distribution to the public.
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Community
Center
state Dept. of
Economics re:
Ind ./Com.
Dev.
"
4201
City Administrator Wood presented a report and recommendation of
bids received for the kitchen equipment for the Community Center Remodeling
Project noting the low bid of Modern Kitchen Equipment in the amount of
$7,070.00.
Motion was made by Councilman Link seconded by Councilman Pate and
carried that the bid of Modern Kitchen Equipment in the amount of $7,070.00
for the kitchen equipment for the Community Center Remodeling Project be
awarded as recommended.
City Administrator Wood noted that the state Department of Economics
has agreed to present a program to the City Council on the Ways and Means
of Industrial/Commercial Development and have requested Council to select
a date for same. Council tentatively set April 9, 1979, for said program.
Spec. Olympics City Administrator Wood noted the letter from the Parks and Recrea-
tion Department enclosed in the Council Agenda packet in regard to the
Special Olympics.
Damaged Light
Standards
Adjournment
1
f.. .
City Administrator Wood presented a bid of $110.00 from the local
iJ'.,.
Presbyterian Church for~damaged light standards if Council wishes to
sell same. It was noted that the City has approximately twelve (12)
damaged standards and, as scrap metal, are worth about $10 each. Motion
was made by Councilman Cunningham seconded by Councilman Link and carried
that authorization be given for the sale of said light standard~ to the
local Presbyterian Church in the amount of $110.00.
At 10:50 p.m., the Mayor adjourned the meeting.
Respectfully submitted,
~Ud.-)~.~
~ Ci ty Clerk
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