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HomeMy WebLinkAboutMinutes City Council - 08/09/1967MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 9, 1967 2:00 p.m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Jack Grant Gabe Lozano, Sr. Ken McDaniel City Manager Herbert W. Whitney City Attorney. I. M. Singer City Secretary T. Ray Kring Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by Mayor Pro Tem Ronnie Sizemore in the absence of the invited guest chaplain. Motion by Sizemore, seconded by Bradley and passed that the absence of Commissioner Jimenez be excused for cause. The Minutes of the Regular Council Meeting of August 2, 1967, were approved as furnished to the Council. Mayor Blackmon read and presented proclamations relative to the following: YOUTH RODEO WEEK in Corpus Christi, the week of August 13 through August 19, 1967, in recognition of the Annual Youth Rodeo being held in the City of Robstown during this period, and urged citizens to support and encourage this activity. The proclamation was received by Mrs. McCain and members and participants of the Youth Rodeo, Noel Thomas, Gai Ann Smith, Judy Dupree and Jeannie McCain; TEXAS RETAIL GROCERS WEEK in Corpus Christi, the week beginning August 13, 1967, in honor of one of the State's oldest trade associations and their high degree of service to the people of the state and community, received by Mrs. Dorothy Krause, Mr. Marshal Hilton and EddieBudi.har; WILLING WATER WEEK in Corpus Christi, the week of August 13, 1967, asking alI citizens to join in developing a wider understanding of the contributions, services, and future needs of the Corpus Christi Water System; paying special tribute to Messrs. John and Atlee Cunningham, two veteran employees of Corpus Christi's Water System, as truly dedicated and capable operators of the System for many years. Mayor Blackmon announced the opening of bids. Bids were opened and read for the construction of Cole Park Improvements from the follow- ing firms: Heldenfels Brothers; Garrett Construction Company; Asphalt Paving; Fowco Construction Co., Inc.; Vahlco Engineering & Construction; Ricks Construction Company; and Smith Construction Co. Minutes Regular Council Meeting August 9, 1967 Page 2 The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. One bid was opened and read on the purchase of 19 Transit -Type 35 -passenger air conditioned buses from the following firm: GMC Truck & Coach Division (Pontiac, Mich.) The foregoing bid was tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Blackmon announced the public hearing on the proposed amendment to the Platting Ordinance specifically concerning marina -type developments. City Manager Whitney explained the purpose of the hearing as being in the public interest andytas brought about by the realization of the Staff and Council that the Platting Ordinance did not make provision for a Marina type of development at the time it was written, and by the action of the Zoning and Planning Commission of July 18, 1967, concerning the Padre Island Investment Corporation Plat, whereby the Commission waived the park requirement; agreed to a 50 -foot right of way width on minor residential streets that are deadend streets backing up to canals; waived the 500 -foot maximum length allowed on deadend streets; and waived the 28 -foot paving width requirement to 20 feet on minor residential streets. Mr. Whitney read the proposed amendments to Ordinance No. 4167, and stated that it is the feeling of the Staff that the proposed revision will give the Zoning and Planning Commission and the City Council authority to take into account special conditions and circumstances that may arise on marina -type developments, and provide flexibility under certain circumstances in this type of development. Mr. William Anderson, Director of Zoning and Planning, explained the position of the Zoning Staff and Zoning and Planning Commission; stated that because of the nature of the development in question, the experience with comparable developments in other areas, the problems facing this development, the water front orientated character of the subdivision, the type of soil, and the size of the development, the Commission felt that this plat warranted special consideration; stated that the developers are of the opinion they need to test of have a trial period to determine if the methods of drainage and other standards will work on Padre Island, as well as to have an opportunity to test the market for this type of development. Mr. Anderson presented two proposed Minutes Regular Council Meeting August 9, 1967 Page 3 versions of the proposed amendment: (1) an amendment which would permit the Zoning and Planning Commission to make exceptions or modifications in the City's requirement for marina-type subdivisions; and (2) permit the City Council to make the exceptions on recommendation of the Zoning and Planning Commission. Mr. Ben Marks, Developer of the Padre Island Subdivision in question, appeared and commended the Staff for their thoroughness and diligence, and on reserving opinions until after they had investigated similar types of developments, with conclusions based on sound and sincere public interest. Mr. Marks briefed the Council on the overall plan of the proposed development, stating that $2 million is already committed and that the firm has bank commitments of an additional $4 million; that there is no mortgage on the land, and stated that some of the City's most successful businessmen and civic leaders are backing the project; stated that the requested waivers will permit the project to get under way and allow the developers to test an unknown market; that it is not yet known if buyers will be wanting permanent homes or a second home; that as experience is gained, changes indicated can be made; and stated that if the project succeeds, it will mean more to the area economically than the discovery of oil or the opening of the Port. Mr. Marks further stated that as to the park dedication, he sees no need as the waterfulf.illsthe recreational needs for this type of development. Mrs. Eugene Coffey, President of the League of Women Voters appeared and stated that the League favors retaining the park dedication requirement. Mrs. James C. Scott, president of OPUS, appeared and suggested that the Council defer the park dedication instead of eliminating it. Captain Nathan Clark appeared and inquired as to who would maintain the canals, and if they would be bulkheaded. Mr. Marks stated the canals will be maintained by the Canal Association; that they will be a self-taxing agency in effect; that the will maintain the streets and roads within the sub- division, and that the owners will be required to pay certain sums for maintenance of channels and canals. Minutes Regular Council Meeting August 9, 1967 Page 4 Mrs. N. A. di Maffi, 1611 Ocean Drive, suggested that the Council expedite the matter by consulting a general development company, and stated that she had recently visited a very beautiful park in a similar development in Fort Myers. Councilman Bradley stated that after recently touring similar developments in Mobil, Alabama, and .in Florida, he found that only one of the six developments of this type investigated, included a park and it was his opinion parks would be a liability. No one else appeared in connection with the foregoing matter. Motion by Bradley, seconded by Sizemore and passed that the hearing be closed. Mayor Blackmon called for the City Manager's Reports. Motion by Bradley, seconded by Lozano, and passed that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the Plans and Specifications for the improvements at the Corpus Christi Marina, Unit IV, consisting of the installation of Single Mooring piling, Finger Piers, a Pier Extension, three Pile Clusters, and five Pile Clusters, be approved, and that authority to advertise for bids to be received August 23, 1967, be granted; b. That the acceptance and final payment of Estimate No. 2, in the amount of $9,908.24, representing the balance due Heldenfels Brothers for completion of construction of Storm Sewer Improvements on Lamont , Del Mar, Carroll Lane and Williams Drive, be approved; c. That the authority to advertise for bids on Hot Mix Asphalt, to be opened August23, 1967, be granted; d. That the bid award on Lot VII, of Pipe Repair Clamps, Couplings and Adapters (Annual Supply Contracts), be made to Dresser Manufacturing Company of Houston, in the amount of $5,364.12, on the basis of low bid meeting specifications; (Bid Tabulation #67-32) e. That the date of August 23, 1967, be set for public hearing on the closing of Gateway Drive, located between O'Connell and Nagle Streets, adjacent to Block 5 and Block 6, Gateway Park Addition; f. That the application of Humble Oil and Refining Company to rework its Flour Bluff Gas Unit No. 2, Well No. 3, located 430' from NE line, 430' from NW line of Lot 10, 251' Minutes Regular Council Meeting August 9, 1967 Page 5 NE of R. A. Thompson B-1, Nueces County, Texas, being 640 acres, Lot 10, Block 55, Flour Bluff and Encinal Farm and Garden Tracts Survey, be approved as submitted and as recommended by Petroleum Superintendent Harry Franklin; g. That the recommendation for approval of an ordinance prohibiting the stopping, standing or parking of vehicles on Santa Fe Street, East side, from Roberts Drive to Doddridge between the hours of 7:00 a.m. and 9:00 a.m., and on Santa Fe Street, West side, from Doddridge to Roberts Drive between the hours of 4:00 p.m., and 6:00 p.m., be approved; Captain Nathan Clark, appeared and suggested that the Council make certain modifica- tions to the Plans and Specifications for improvements at the Corpus Christi Marina, stating that he feels a new pier should be built. Mayor Blackmon suggested that Mr. Clark consult with Jim Lontos, City Engineer, for any revision of plans and specifications which have been approved, stating that a change order could be issued if the plans and specifications are to be modified. ORDINANCE NO. 8555 RECEIVING AND ACCEPTING CONSTRUCTION OF THE LAMONT, DEL MAR, CARROLL LANE AND WILLIAMS DRIVE STORM SEWER IMPROVEMENTS, PROJECT NO. 295-67-48, AS PER- FORMED BY THE CONTRACTOR, HELDENFELS BROTHERS UNDER THEIR CONTRACT DATED MAY 31, 1967, AUTHORIZED BY ORDINANCE NO. 8473; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 2, DATED JULY 31, 1967, IN THE AMOUNT OF $9,908.24, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM NO. 295 STORM SEWER BOND FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. Motion by Sizemore, seconded by Lozano and passed that Paragraph 1, "Procedure", Section (e), be amended by adding the phrase "or a portion thereof." ORDINANCE NO. 8556 AN ORDINANCE AMENDING ORDINANCE NO. 4168 GENERALLY REFERRED TO AS THE CITY PLATTING ORDINANCE AS AMENDED; ADOPTING A NEW SECTION NUMBERED VII -A AND ENTITLED "VARIANCES PERMITTED UPON APPROVAL BY CITY COUNCIL UNDER CERTAIN CIRCUMSTANCES"; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance wa& passed as amended, by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"? Jimenez absent. Minutes Regular Council Meeting August 9, 1967 Page 6 FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING ITEMS 5 AND 6 OF SECTION 21-156, SO AS TO PROHIBIT THE STOPPING, STANDING OR PARKING OF VEHICLES ON SANTA FE STREET, EAST SIDE, FROM ROBERT DRIVE TO DODDRIDGE BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M., AND ON SANTA FE STREET, WEST SIDE, FROM DODDRIDGE TO ROBERT DRIVE BETWEEN THE HOURS OF 4:00 P.M. AND 6:00 P.M.; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absert. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN OIL AND GAS LEASE OF 97.466 ACRES OF LAND CONSISTING OF 26 VARIOUS TRACTS OF LAND IN NUECES COUNTY, TEXAS, SAID LEASE TO BE WITH KELLY BELL FOR A ONE-YEAR PERIOD, BEGINNING SEPTEMBER 6, 1967, AND ENDING SEPTEMBER 5, 1968, FOR A CASH BONUS IN ADDITION TO ALL OTHER CONSIDERATIONS SET OUT IN THE LEASE FORM, TO BE PAID EN ADVANCE, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERE- TO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. SECOND READING OF AN ORDINANCE GRANTING TO RED TOP CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. SECOND READING OF AN ORDINANCE GRANTING TO KING CAB CO., INC., A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. SECOND READING OF AN ORDINANCE GRANTING TO STAR CAB COMPANY A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PROVIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. Minutes Regular Council Meeting August 9, 1967 Page 7 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. SECOND READING OF AN ORDINANCE GRANTING TO CORPUS CHRISTI TRANSPORTATION COMPANY, A FIVE YEAR FRANCHISE IN THE FORM PRESCRIBED BY ORDINANCE NO. 4536, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 23, 1956, FOR THE PURPOSE OF OPERATING TAXICABS ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGH- FARES OF THE CITY OF CORPUS CHRISTI; PROVIDING FOR MODIFYING SAID FORM BY PRO- VIDING FOR PAYMENT OF 2% OF GROSS RECEIPTS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. ORDINANCE NO. 8557 AMENDING ORDINANCE NO. 8128 SO AS TO PROVIDE THAT THE SALARY OF THE PRESIDING JUDGE OF CORPORATION COURT NO. 1 SHALL HENCEFORTH BE $12,000 PER ANNUM, AND THAT THE SALARY OF THE PRESIDING JUDGE OF CORPORATION COURT NO. 2 SHALL HENCE- FORTH BE $9,000 PER ANNUM; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Grant, Lozano and McDaniel present and voting "Aye"; Jimenez absent. Mayor Blackmon announced the Council would recess for a brief period before the scheduled assessment hearing, during which time Mayor Blackmon departed the meeting. Mayor Pro Tem Sizemore reconvened the meeting,directed that it be noted that a quorum was present, and announced the Council would hold the public hearing scheduled on Assessments for the proposed street improvements of Soledad, from northwesterly side of Carver to the inter- section of Virginia Street; Virginia Street, from Soledad intersection to the intersection of Morgan Avenue; Post, from Beechcraft to the intersection of Old Brownsville Road; Ryan and Curtiss Streets, from the intersection of Post Street to the intersection of Virginia Street; Reynosa Street, from Burnet Street to Burnet Street; Burnet Street from Reynosa to the intersection of Niagara Street, and from Niagara Street to Prescott Street; Niagara Street from Burnet Street to Burnet Street; also the intersections of Beachcraft, Reynosa and Niagara Streets which are essential to the construction requirements of the project, and announced that Tom McDowell, Assistant Minutes Regular Council Meeting August 9, 1967 Page 8 City Attorney, would conduct the hearing. Assistant City Attorney McDowell explained the purpose of the public hearing and stated that the Staff would offer testimony from the City Engineer, and evaluation testimony from a real estate appraiser to substantiate the a sessments which appear on the Pejimnocy Assessment Roll, and stated that the hearing was to fcr,m a basis on which the Councii, acting as a legislative body, would determine or establish the assessments on the abutting properties. Mrs. James K. Lontos, City Engineer, presented the plans for the street improvements; testified as to his qualifications as City Engineer, described the nature, extent, and specifications of the proposed improvements; stated that the construction will consist generally of excavation to permit a 6" compacted subgrade, 8" caliche base, prime coat and a 1" type "D" hot -mix surface, concrete curbs and gutters, 4' wide reinforced concrete sidewalk and 6" thick reinforced driveway approaches where specified by the construction plans or the owners of abutting property; and stated that the adjustment of all utilities, construction of storm sewer and drainage facilities pertinent to this project will be included in the construction; stated that the total contract price based on the low bid of Burtex Constructors is $204, 184.47; that rhe total assessment is $103,259.11; that the City's portion of cost is $100,925.36; and explained the manner in which such pro rata share was computed on the 205 parcels included in this project. Bill Roberts, Right of Way Coordinator of the City Staff, testified as to his background and experience which he felt qualified him as a real estate appraiser for all types of properties in this City; stated that he had personally viewed and understood the extent and specifications of the proposed improvements; that he had personally viewed the preliminary assessment roll and each of the properties to be assessed; and stated that, in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, with the follow- ing exceptions, for which he recommended that the assessments be reduced as follows: Item #9, and Item #182, Fisher Alsup - Lots 17 & 18, Block 1, Airport Park - reduce assessment to $285.20 for Lot 18, Item#9 reduce assessment to $650.00, for a portion of Lot 18 and 17, Item #182, for a total assessment for the combined properties included in Items #9 and #182, to $935.00, being located on the same lot but on two different streets. Mr. Roberts Minutes Regular Council Meeting August 9, 1967 Page 9 he felt the assessment as appearing on the assessment roll is excessive because of the size and shape of the lots. Mayor Pro Tem Sizemore stated he would call the names of the property owners as they are listed on the assessment roll and invited each property owner to state his approval or objection to any of the proposed improvements or assessments to his property. The following persons appeared: Item #9 & Item #182, Fisher Alsup - Mr. Fisher Alsup appeared and stated the properties described in these two items has been sold and that he is representing the true owners,the names of which can be provided upon request, and stated that he concurred in the recommendation made by Mr. Roberts for a reduction of the assessments on Items #9 and #182 to a total amount of $935.00, but stated that he felt this is still excessive. Item #22, Manuel I. Dominguez - Mr. Dominguez stated that he does rot oppose the proposed improvements, but inquired as to the extent of the project on Virginia and Post; and asked for a clarification as to why the pro rata share of cost to property owners of this project is more than that of the project just completed in Saxer Heights, and also as to how the payments may be made. Mr. Joe Pierce, Paving Coordinator, explained that there are future plans for the improving of Virginia and Post Streets which are cross streets of the subject project, at which time property owners will be assessed for these streets also; that the difference in the assessments of this project and that of Saxet Heights is that Saxet Heights property owners were given credit for existing curbs and sidewalks; and explained that payments may be made over a period of 60 months. Item #45, Judith Smith and Belle Pearlman - Mr. Guadalupe Davila, representing the owners, stated they had no objection to the proposed street improvements. Item #75, Ignacio S. Villa - Mr. Villa appeared and stated he approves of the improve- ments, but inquired as to how the payments will be made, and stated he would like to have the interest deducted. Item #76, Arturo & Maria Hernandez - Mr. Hernandez stated they are for the improve - and agreed that the sidewalks are badly needed for the benefit of school children in the area. Minutes Regular Council Meeting August 9, 1967 Page 10 Item #78, Pablo G. Pena - Mr. Pena appeared and stated that he has no objection to the proposed improvements, but was interested in whether or not credit would be given for existing double driveway, stating that it is not of concrete construction. Mr. Lontos explained that credit could not be given for temporary improvements. Item #95, Manuel Lopez - Mrs. Lopez appeared and stated they approve of the proposed improvements. Item #97, Eusebio Flores - Mrs. Flores stated he is in favor of the improvements as proposed. Item #99, Melvin Deck; Item #100, Lillie Brown; and Item #101, P.A. & L.C. Martin - Mrs. Brown appeared representing these three items, stated they all approve of the improvements, but will have to work out some way to pay for them, stating that she had had physical and financial adversities. Mr. Pierce explained that he would come to her home upon request and work out an agreeable means of payment. Item #137 & Item #1457 Antonio G. Fuentes - Mrs. Fuentes stated they were opposed to the amount of the assessments on both these properties. Mr. Roberts and Mayor Pro Tem Sizemore questioned the enhancement of these two Tots, and stated they would be reviewed further. Item #139, Alex Herrada - Mrs. Herrada stated she felt the assessment on this property was excessive in comparison to the lot across the street. Mr. Lontos explained that the lot across the street only has one driveway, which accounts for the difference in the assessment. Item #146, Manuel Guerra - Mr. Guerra stated he does not object to the improvements, but was interested in when and how the project was initiated, and if the improvements would increase the taxes on the properties. He was advised the taxes would not be increased. Item #159, Guadalupe Pena; Item #161, Arturo Hernandez; Item #168, Fabian Silvas; Item #169, Jehovah's Witnesses; Item #183, Jesus R. Pedrazez; Item #176, Jose M. Trevino; Item #184, Pedro G. Gonzales; and Item #185, Prajedis Torres, all were present and stated that they approve of the improvements as proposed. No one else appeared to be heard in connection with the proposed street improvements. Motion by Grant, seconded by Bradley and passed that the hearing be closed, with the understanding that the Staff will review those items which were questioned and provide the Council with recommendations. Minutes Regular Council Meeting August 9, 1967 Page 11 Mrs. N. A. di Maffi, 1611 Ocean Drive and Dan Clark, 1917 Ocean Drive, appeared and questioned the Council's proposal to take right of way from the west side of Ocean. Drive in connection with the plans to widen and improve Ocean Drive. They stated it seemed more logical that the right of way be taken from the Cole Park side of the street; questioned the need for a wider street, stating that the traffic is not conjested in this area; stated that the Council, by attempting to eliminate one S -Curve, another curve of greater proportions will be created; criticized the destruction of the many palm trees along this drive, stating that they cannot be transplanted at this time of year; and the overall concept was to create beauty and not to destroy it. Mayor Pro Tem Sizemore advised Mr. Clark and Mrs. di Maffi that it would be possible to change the plans, and directed that the City Manager provide the Council with the plans and make recommendations on what can be done at this stage of the project, and that the, matter will be discussed at Workshop meeting Monday night. There being no further business to come before the Council, the meeting was adjourned.