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HomeMy WebLinkAboutMinutes City Council - 10/21/1970MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 21, 1970 2:00 p.m. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring • Mayor Jack R. Blackmon called the meeting to order and gave the Invocation in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by de Ases, seconded by Bradley and passed, that the absence of Commissioner Roberts be excused for just cause. The Minutes of the Regular Council Meeting of October 7, 1970, were approved as submitted to the Council. Mayor Blackmon announced the issuance of proclamations relative to the following: NAVY DAY, October 27, 1970, a day to give honor and recognition to the achievements of our Navy and particularly to its heroic men and women; TOASTMISTRESS WEEK, October 25 - 31, 1970, in recognition of the International Toastmistress Club's 32nd anniversary; CLEANER AIR WEEK, October 25 - 31, 1970, urging citizens to help promote a united educational program for cleaner air and to help build a better and stronger America; UNITED NATIONS DAY, October 24, 1970, in recognition of the 25th Anniversary which represents a historic landmark occasion, indicating the continuing commitment of the people of the world to a goal of Peace, Justice and Progress. Mayor Blackmon welcomed and presented Certificates of Attendance to members of the Student Council of Richard King High School as follows: Larry Wells, Steve Pattison; Phil Kurzner; Craig Fisher; Tom Strother; and Harold Gold. Bids were opened and read on Ocean Drive Slope Restoration Erosion Control, from the following firms: Heldenfels Brother, and B & E Construction Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. • • Minutes Regular Council Meeting October 21, 1970 Page 2 Mayor Blackmon announced vacancies on the Traffic Safety Advisory Board and 'made the following nominations for replacements: James N. Gainan, Doyle Willis, and A. C. Skinner, Jr. Motion by Sizemore, seconded by de Ases and passed, that the foregoing nominations for replacements on the Traffic Safety Advisory Board, be approved and confirmed. Mayor Blackmon called for the City Manager's Reports. Motion by Lozano, seconded by McDaniel and passed, that the City Manager's Reports, Items "a" through "m" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of November 4, 1970, be set for a public hearing on the closing of a portion of Navigation Boulevard not now in use between Highway 44 and Bear Lane, the abutting owners having dedicated the new right-of-way with the understanding that the City would close the old right-of-way and that it would revert to the same owners; b. That the date of November 18, 1970, 3 p.m., be set to hear the appeal of the Planning Commission's approval of a Special Use Permit for Mental Health Affiliates, Inc., in the 5100 Block of Bear Lane, which appeal has been filed by West Oso Independent School District; c. That the date of October 28, 1970, be set to hear an appeal of a decision of the Petroleum Superintendent relative to denial of a permit requested by Mr. Charles J. Smith, representing Petro -Search, Inc., to drill, operate, and produce a well in drilling block #739 on Westchester Drive between Highway 44 and Garfield Drive, of which three property owners within 400 feet of the proposed drilling site object to the closeness of the well; d. That Getty Oil Company be granted a permit to drill an irregular location in State Tract No. 41 in Laguna Madre as a straight hole to a depth of 13,300 feet, as unanimously recommended by the Bay Drilling Committee; (The site will become the cluster location, and is irregular because the preferred location or corner in a drilling block is not designated for tracts in Laguna Madre) e. That drilling Block No. 874 be revised to include portions of drilling Blocks 875 and 876 to allow the drilling of a well under Tract 874 (which is the location of a residential development), by Kelly Bell who has the mineral interests under both tracts, letters having been i • Minutes Regular Council Meeting October 21, 1970 Page 3 received in support of the request from the President of Wymore Development Corporation, the developers of Village on the Green, and Guaranty Nat ional Bank and Trust, representing some of the surrounding owners; f. That right-of-way needed to drain Sharpsburg Road be obtained by acquiring all of Tract 10 (75' x 300'), from Mr. and Mrs. John de la Garza for $2,000 including $100 for closing costs, platting the lot with a 20' easement and selling the platted lot with the easement; g. That Mr. Harold Carr be employed to provide appraisal services for 16 parcels of right-of-way required for the Woolridge-Staples Drainage System for $2,560, and that an appropriation in this amount be authorized; h. That the Bay Drilling Ordinance No. 8294, be amended to include regulations governing geophysical work in the Bay areas within the City limits; i. That parking be prohibited on the west side of Weber Road from Padre Island Drive to Holly Road, as approved by the Traffic Safety Advisory Board, Director of Traffic Engineering, and the Highway Department; j. That the plans and specifications for repairs to La Retama Library, consisting of roof, ceiling, flooring, and other work, be approved, and that the authority to advertise for bids to be received on November 11, 1970, be granted; k. That the following plats be approved according to the recommendation of the Planning Commission, subject to contracts for water and deferred improvements: (1) Padre Island - Corpus Christi, Cape Summer Unit 1; and (2) Padre Island - Corpus Christi, Cape Summer Unit 2; I. That a leave of absence for Mr. Oscar Cisneros, be approved from November 1, 1970, to October 31, 1971; (Mr. Cisneros is Relocation Officer and has been asked by HUD to serve as a supervisor of housing advisors, for the purpose of working with those families temporarily living in mobile homes who need to make permanent housing arrangements); m. That notation be made of receipt of a petition signed by residents of Montclair Elementary School area, calling attention to an alleged hazardous situation to school children attending Montclair School, created by the construction of Alameda Street from Ocean Drive to Montclair Street. The petition pointed out that from Glenmore to Palmetto on Kentner • • Minutes Regular Council Meeting October 21, 1970 Page 4 there are no sidewalks; that there are open ditches; and that due to repair of homes, vacant property along Kentner from Claremore to University, brush and building materials are piled upon it, further narrowing the section which is barely two cars wide, and requested that sidewalks be placed on Kentner from Glenmore to Palmetto, and that Navy traffic, buses, and all unnecessary traffic be re-routed via Ocean Drive. (Petition #4-70) City Manager Townsend announced that an agreement had been worked out with the Corps of Engineers and Office of Economic Preparedness for demolition of Hurricane Celia damaged buildings, and stated that persons desiring to have buildings demolished under this program, should contact the Building Division at City Hall before November 1. Mayor Blackmon presented a Symbolic Key to the City, and conferred Honorary Citizen- ship upon Mro W. W. Collins, Di6tuter Relief Director, Corpus Christi, Department of Housing and Urban Development, in recognition and appreciation of the outstanding work accomplished in this City by Mr. Collins and his staff, in placing some 3,000 disaster victims in mobile homes since Hurricane Celia, In making the presentations, Mayor Blackmon stated that Mr. Collins and his staff at HUD had done o tremendous job in bringing together the complexities of local and federal governments, has made us all better citizens and made Corpus Christi a better community in which to live. Mr. Collins distributed reproductions of a letter to the Editor which appeared in the local newspaper, signed by a member of the HUD Disaster Team, who had concluded a six- week tour of duty in the City, which stated that even under extremely adverse circumstances brought about by Hurricane Celia, they had enjoyed every minute of their stay in Corpus Christi, and commended citizens for their demonstration of pride, courage and dedication to the problems of rebuilding the City. Mro Collins stated that the letter expressed the sentiments of some 500 HUD employees. ORDINANCE NO. 9961 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACTS WITH PADRE ISLAND INVESTMENT CORPORATION PROVIDING FOR THE CONSTRUCTION OF SUBDIVISION IMPROVEMENTS IN CAPE SUMMER UNITS 1 AND 2 ON OR BEFORE NOVEMBER 1, 1981, COPIES OF WHICH CONTRACTS ARE ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting October 21, 1970 Page 5 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent, ORDINANCE NO. 9962 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $2,560 FOR APPRAISAL SERVICES BY HAROLD CARR CONCERNING 16 PARCELS OF LAND NEEDED FOR THE STAPLES-WOOLDRIDGE DRAINAGE SYSTEM, PROJECT NO. 295-70-66; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9963 APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND THE SUM OF $2,100, OF WHICH $2,000 IS FOR ACQUISITION OF THE HEREINAFTER DESCRIBED TRACT OR PARCEL OF LAND AND $100 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING COSTS, APPLICABLE TO PROJECT NO. 295-70-72, NEIGHBORHOOD IMPROVEMENT AREAS AND MINOR STORM SEWER IMPROVEMENTS; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNERS, JOHN DE LA GARZA AND WIFE LYDIA R. DE LA GARZA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9964 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, UPON APPLICATION OF MR. AND MRS. W. P. LIVINGSTON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, OSO FARM TRACTS AND ALL OF LOT 8, BLOCK 2, GRAY VILLAGE #2, LOCATED IN THE 4900 BLOCK OF EVERHART ROAD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS;OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases and McDaniel, present and voting "Aye"; Sizemore passed and Roberts teas absent. i • Minutes Regular Council Meeting October 21, 1970 Page 6 ORDINANCE• 9965 AMENDING ORDINANCE NO. 8294, GENERALLY REFERRED TO AS THE "BAY DRILLING ORDINANCE", AS AMENDED, BY ADDING SUBSECTION 7.14 THERETO, TO REGULATE SEISMIC SURVEYS WITHIN THE WATER AREAS OF LAGUNA MADRE AND CORPUS CHRISTI BAY; PROVIDING A SEVERANCE CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9966 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S. TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODA- TIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. ORDINANCE NO. 9967 AMENDING THE CONFIGURATION OF CITY DRILLING BLOCK 874 A&SAME WAS DEPICTED IN THE PLAT ATTACHED TO ORDINANCE NO. 8879 PASSED BY THE CITY OF CORPUS CHRISTI ON THE 29TH DAY OF MAY, 1968, STYLED "ADOPTING RULES AND REGULATIONS FOR EXPLORATION, DRILLING AND PRODUCTION OF HYDRO- CARBONS ", AND ADOPTING A DESCRIPTION AND DEFINITION OF SAID CITY DRILLING BLOCK 874; PROVIDING FOR PUBLICATION, PROVIDING A SAVINGS CLAUSE AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel and Sizemore, present and voting "Aye"; Roberts was absent. Following a brief recess, Mayor Blackmon reconvened the meeting at 3 p.m. for the purpose of hearing the appeal of Mr, Victor Lopez from a decision rendered by the Civil Service Board July 10, 1970, regarding the termination of Mr. lopez, a bus operator and former sanitation equipment operator, at the end of his six-month probation period. He stated that each member of the Council had been furnished with a copy of the Notice of i • Minutes Regular Council Meeting October 21, 1970 Page 7 Appeal filed by the appellant's attorney, Mr. David Perry, marked "Received" by the City Secretary, July 17, 1970, and subsequently filed with the City Council; also, an attachment of a City of Corpus Christi Standard Instruction Sheet, signed by the then City Manager, H. W. Whitney, dated May 12, 1965. Mr. David L. Perry, attorney representing the appellant, stated that Mr. Lopez was employed in the Transit Division on December 1, 1969, and that he was discharged by the City on June 1, 1970, and after his probationary period expired; that he had appealed his discharge to the Civil Service Board which ruled that he was discharged before he completed his six-month probationary period and had no jurisdiction to consider his appeal, and that it was from that decision that Mr. Lopez proposed to show: (1) that he was discharged after he had completed his six-month probationary period, was entitled to Civil Service protection, and was discharged without a good cause; and (2) that he was discharged solely for pursuing a legitimate grievance in violation of the City of Corpus Christi's Standard Instruction dated May 12, 1965, promulgated by the then City Manager. He stated that, without question, if Mr. Lopez was discharged after he completed his six -months probationary employment, the City cannot show good cause for his discharge, since he was pursuing a legitimate grievance, and that the regulations specifically provide that no recourse shall be taken against an employee electing to exercise his right of appeal. He stated the Civil Service Board did not conduct a hearing on the merits, but that the records reveal that Mr. Lopez was not discharged in the manner required For employees who have completed their probationary employment. He further alleged that Mr. Lopez was not informed of his discharge until he had been assigned a bus route on Monday, June 1, 1970, after he had worked for several hours. Mr. Perry stated that Mr. Lopez had two grievances with which Mr. Roy Klett was concerned: (1) objection to being required to work time for which he, was not paid; and (2) that he wanted credit for his fourteen years previous service with the City Sanitation Division, and that Mr. Klett had testified that these were the only matters which led him to discharge Lopez. s • Minutes Regular Council Meeting October 21, 1970 Page 8 Mr. Perry stated that the Civil Service Board refused to hear testimony that Mr. Lopez was discharged only for appealing his grievances, ruling that it had no jurisdiction, but stated that this evidence is contained in Mr. Klett's deposition and on file with the Board. Mr. Perry further stated that the personnel procedure does not spell out when an employee is fired; that in this case the immediate superior made a dismissal recom- mendation on May 28, and the form was signed by the Department Head on May 29th; that on another Exhibit there is a separation request which shows that the Division Head made the request on May 28, and signed on June 1., pointing out that from the records, it is impossible to know the set procedure of when an employee is really discharged. Mr. Perry proposed to show the Council that Mr. Lopez acted in accordance with City procedures; that he was discharged on June 1, 1970, after completing his six -months probation and was not discharged for good cause; that his discharge was solely for pursuing a grievance through proper administrative channels;: and that in either event, he was entitled to Civil Service protection. Mr. Perry requested that the Council order that Mr. Lopez be reinstated to his position with the Transit Division, or, in the alternative, remand the case to the Civil Service Board for a hearing as to whether Standard Instruction Number 4-16-1 was violated, and if the evidence shows a violation of City regulations, instruct the Board to reinstate Mr. Lopez. Mr. Jim Riggs, City Attorney, represented the Civil Service Board and presented its reply for affirmance of probation dismissal of Mr. Lopez, and proposed to show the following: That the Civil Service Board did accord Mr. Lopez a full hearing; that they heard evidence on the merits of Mr. Lopez's performance as well as the question of whether or not he was dismissed before or after the expiration of his probation period; that it is not a question of whether or not he was dismissed but when he was dismissed. Mr. Riggs reviewed the sequence of events leading to Mr. Lopez's dismissal and cited Article Eight, Section 10 of the Rules and Regulations of the Civil Service Board in support thereof. He stated Mr. Lopez was employed on December 1, 1969; on May 28, 1970, a Probationary Report of Employee • Minutes Regular Council Meeting October 21, 1970 Page 9 Efficiency was filed by his immediate supervisor, J. K. Taylor, and a;second rating supervisor Roy Klett, whereby Mr. Lopez was rated unsatisfactory; that the report was signed by Public Utilities Director Robert Schneider on May 29, 1970; that this report and statement of dismissal was handed to Personnel Director Charles Lummus on May 28, 1970; that a Payroll and Personnel Separation Reuqest for dismissal, effective May 30, 1970, was certified on June 1, 1970 by Mr. Schneider and City Manager Townsend; that previous to May 28 Mr. Taylor testified that he and Mr. Klett had conferred with Mr. Schneider regarding the status of Mr. Lopez and was told he would follow their recommendation; that on May 28 Mr. Taylor and Mr. Klett met Mr. Lopez on his Leopard and Staples bus stop, and informed him his probationary period was up on June 1, and that he was being disapproved as of that day, Thursday, May 28, and that if he wished, he would continue driving on Friday and Saturday; that Mr. Lopez refused to sign the report, but drove Friday and Saturday, and reported to the Transit Yard on the morning of Monday, June 1, and that the dispatcher, apparently unaware of Mr. Lopez' dismissal, assigned him to a bus run for the afternoon; that when Mr. Klett arrived, he instructed the dispatcher to send Mr. Lopez to see Mr. Lummus, at which time Mr. Lummus advised him that he had been dismissed as of Friday, May 30. Mr. Riggs pointed out that there is no law applicable to the City of Corpus Christi for notice of dismissal per se to be given a probationary employee as prerequisite to dismissal. He pointed out that Mr. Lopez's superior officers did have the authority to dismiss Mr. Lopez, but that a Rule governing the manner of dismissal of probationary employees has not been promulgated, that :his dismissal did not violate any law or rule, and that Form 61 Payroll and Personnel Separation Request shows that his dismissal was effected timely, effective May 30, 1970, whereas his probation did not end until June 1, 1970, He stated that when Mr. Lopez was presented with the dismissal papers, he did not ask questions or make a statement that he did not understand what was taking place. Relative to alleged violations to Standard Instructions No. 4-16-1, May, 1965, Mr. Riggs stated that Mr. Lopez had filed no appeal of any grievance in writing as is required by the Standard Instructions; that the record is devoid of any attempt by Mr. Lopez to resolve a dispute in any supervisory channel. i • Minutes Regular. Council Meeting October 21, 1970 Page 10 Mr. Riggs pointed out that Mr. Lopez's dismissal was based on the projection that he would not be a suitable permanent employee, and that it was Mr. Klett's conclusion that he would be unsatisfactory as a permanent bus operator. He pointed out that the supervisor is charged with making an appraisal of an employee's qualifications, and is duty bound to make recommendations before the termination of the probationary period. He stated that the Civil Service Board Rules are not conditioned that a supervisor must specify grounds for dismissal before the six-month probationary period. Mr. Riggs stated it is submitted that the Civil Service Board made correct findings; that the dismissal did occur before the six-month probationary period; and respectfully requests that the Council sustain the decision of the Civil Service Board. Commissioner de Ases questioned Mr. Riggs as to his opinion relative to Mr. Lopez' understanding of the language of his dismissal as presented to him on May 28. Mr. Riggs referred to testimony of Page 61 of the Transcript and stated it does not leave any reasonable doubt of what action was being taken, but that he was being disapproved on Thursday, May 28; that he was told, if he wished, he could continue driving on Friday and Saturday, but there was no further inquiry from Mr. Lopez, and that the records do not show that Mr. Lopez questioned the meaning of the action or the language, and that it would be logical that the supervisor believed he got the message. In rebuttal, Mr. Perry stated that Mr. Riggs' statement that the Civil Service Board afforded Mr. Lopez a full hearing on both questions was incorrect. He stated that the Board only considered the question of whether or not he was discharged before or after his probationary period, and quoted from Page 3 of the Transcript. He quoted Mr. Nuss on Page 63 of the Transcript as saying "it is our determination that Mr. Lopez was discharged during the six months probationary period, and that we have no jurisdiction...", He stated the Board did not consider whether or not the City Manager's regulations were violated, and that they refused because they did not have jurisdiction; that according to Mr. Rigg's statement, it is the City's position that an employee is discharged when the City decides he is discharged whether or not the employee has been notified; that it is Mr. Lopez' position that an employee cannot be discharged on paper, and that the only time Mr. Klett had any conversation with Mr. Lopez • 111, Minutes Regular Council Meeting October 21, 1970 Page 11 was when he went out to the bus stop on May 30 and showed him the form of disapproval, and that Mr. Lopez had said he did not understand; that after he had reported for work on the following Monday and had worked for two hours, he was instructed to go see Personnel Director Charles Lummus, and that Mr. Lummus appeared surprised and said "why are you here, you have been discharged." Mr. Perry stated that nothing had been mentioned that Mr. Lopez was an incompetent employee, or failed to take instructions; that even though he did not agree with City policy, he followed instructions; that it is his position that Mr. Lopez was discharged solely because he was pursuing a grievance because he was not being paid for hours worked, and thought the City policy should be changed. Mr. Perry stated it is his understanding that the object of the City's grievance policy is so problems can be resolved without losing a good employee. Mr. Perry stated the point he is attempting to make is that an employee cannot be discharged because he is pursuing a grievance; that that was the only reason Mr. Lopez was discharged, and that he feels if this evidence could be presented to the Civil Service Board, their decision would be reversed. He stated that any protection given by the City Manager's regulations is wiped out if there is no appeal board. Mr. Perry stated he is asking the Council to send the matter back to the Civil Service Board and instruct it that it does have jurisdiction to determine if the City's regulations have been violated, and that as the case now stands, they have no place to go to seek remedy. Mayor Blackmon made sure that every member of the Council had, or would have, a copy of the Transcript, and asked Mr. Perry's permission to read the Depositions, to which Mr. Perry agreed. He instructed the Council to read the documents thoroughly, and recommended that the matter be tabled until reasonable elapse of time for a thorough study of all evidence before it is presented for workshop study. It was agreed that the matter be tenatively placed on the November 11, 1970, Agenda. There being no further business to come before the Council, the meeting was adjourned.