HomeMy WebLinkAboutMinutes City Council - 12/20/1961REGULAR COUNCIL MEETING
December 20, 1961
2:00 P.M.
PRESENT:
Mayor Ben F. McDonald
Commissioners:
Tom R. Swantner City Manager Herbert W. Whitney
Dr. James L. Barnard City Attorney I. M. Singer
J. R. de Leon City Secretary T. Ray Kring
M. P. Maldonado
W. J. Roberts
Jim Young
Mayor Ben F. McDonald called the meeting to order.
The Invocation was given by Reverend William D. Moser, Jr., of St. Marks
Lutheran Church.
City Secretary T. Ray Kring called the roll of those in attendance.
Motion by de Leon, seconded by Young and passed that the minutes of
the regular meeting of December 13, 1961, be approved as furnished to the Council.
Mayor McDonald announced the opening of bids, and excused himself to
answer a phone call, temporarily turning the Chair over to Mayor Pro Tem Swantner.
Bids were opened and read on 16 items of Automotive Equipment from the
following: Lewis Boggus Motors, Inc.; Jim Brace Co.; Creveling Motor Co.; Ed
Hoffman Motors; Bill Moyer Rambler Co.; Lew Williams Chevrolet Co.; and Interna-
tional Harvester Co.
Motion by Roberts, seconded by Maldonado and passed that the foregoing
bids be tabled for 48 hours as required by the City Charter, and referred to the
City Manager for tabulation and recommendation.
Mayor McDonald returned to the meeting and resumed the Chair.
Mayor McDonald announced the public hearing on the application of C. D.
Speed and others for a change of zoning from "R -1B" One -family Dwelling District
to "B-4" General Business District on Lots 25, 26, 39 and 40, Block 1600, Bay
Terrace #2, formerly known as Port Aransas Cliffs Addition, being that property
located 150' East of Morgan Street and fronting 50' on both 18th and 19th Streets.
William Anderson, Director of Zoning & Planning, located the property.
on the map between 18th and 19th Streets, directly behind Carpenters Hall; explain-
ed that the 4 lots are presently being used for parking; pointed out the line of
the proposed right-of-way the City will need to acquire for the widening of 19th
Street in connection with the construction of the proposed Crosstown Expressway;
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December 20, 1961
Page #2
and read the recommendation of the Zoning & Planning Commission that the appli-
cation be approved subject to the retention in the "R -1B" classification of 25'
of right-of-way needed for the widening of 19th Street.
C. D. Speed, the applicant and trustee for the property, explained the
plans to build a 45' warehouse addition for the grocery store and to provide more
off-street parking; and that when the proposed over -pass is finished, they plan to
erect a small building as an apprentice shop.
W. C. Echols, business manager of Carpenters Local Union, spoke in favor
of the application on the basis that with the widening of 19th Street and the
opening of the freeway more off-street parking will be needed to protect the
public; that the neighbors immediately adjoining the property are in favor of the
re -zoning; and -that the retention of the 25' strip in the "R -1B" zoning classifi-
cation is agreeable to the applicants.
Clifton Lewis, 1318 - 18th Street, appeared in opposition to the re-
zoning on the basis that he does not want business zoning across the street from
residences; that there is limited parking on 18th Street; and that any change in
the neighborhood zoning should be made after the -construction of the Crosstown
Expressway.
The written returns, both for and against, were read and noted, and no
one else appeared to be heard.
Mayor McDonald declared the hearing closed.
Motion by Swantner, seconded by Maldonado and passed that the recom-
mendation of the Zoning & Planning Commission be concurred in, and that the zon-
ing of Lots 25, 26, 39 and 40, Block 1600, Bay Terrace #2, be changed from "R -1B"
to "B-4" with the exception of the 25' of the Lots fronting on 19th Street which
is to remain
Mayor McDonald announced the public hearing on the application of
Robert R. Vaclavik for a change of zoning from "B-1" Neighborhood Business Dis-
trict to "B-4" General Business District on Lot 19, Block 2, Mahan Acres, being
that property located at 4818 Kostoryz Road.
Mr, Anderson located the property on the map; explained that the
applicant desires to use the property for a used car lot which operation he had
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December 20, 1961
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discontinued at the request of the Inspection Department; and that the recommenda-
tion of the Zoning & Planning Commission was for denial since it would be spot
zoning.
Robert R. Vaclavik, 4814 Kostoryz, the applicant, presented a sketch
of the area and snapshots and pointed out several non -conforming businesses in the
area such as filling station with washrack and garage, Playroom and Lounge, drive-in
beer, grocery store with beer parlour in back, electrical warehouse; and stated that
most of his neighbors had supported his application, and that he planned to have
4 or 5 cars for sale with just prices on the windshields.
It was noted that 7 people had appeared in favor of the application
at the Zoning Commission hearing and none against, and that there had been 3 written
returns in favor of this application and none against.
Mayor McDonald suggested that the application be taken under advise-
ment for study as to how the operation can be permitted without being spot zoning.
Motion by Roberts, seconded by Swantner and passed that the hearing
be closed, and the matter taken under advisement for recommendation of the Legal
Department and the Planning Department as to a method for permitting this operation,
and further that the Legal Department advise the Council as to the difference
between a parking lot and a used car lot.
Mayor McDonald announced the Council would consider the matter of a
proposed ordinance amending the City Code, 1958, by adding certain sections to pro-
vide regulations for the transportation and disposition of oyster shells.
The proposed ordinance was discussed at length with relation to the
application of D. E. Wicker, Jr., and others for a change of zoning from 'B-4" to
"1-2" on Blocks 411 and 414, of Brooklyn Addition, in order to permit the re-estab-
lishing of the Lone Star Fish & Oyster Company's operation on this portion of
Corpus Christi Beach. Mayor McDonald stated the Council does not want to block
the establishing of any industry in Corpus Christi, but at the same time must
protect the rights of its citizenry; explained that it is proposedtobuild a
channel to Rincon Point part of which will be for the concentration of the fish-
ing industry at that point; and suggested that a temporary zoning be granted for
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Regular Council Meeting
December 20, 1961
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5 years to permit this oyster operation, subject to review at the end of that
period, and that in the anticipation that it would then be desirable for this
operation to move to Rincon Point, that the property then revert to the 15-4"
classification.
Milton Walton, attorney, and Dewitt Walters, manager of the Lone Star
Fish & Oyster Company, reviewed their reasons for supporting the re -zoning, but
stated that they would be willing to accept the 5 -year temporary zoning with the
right of review, and that with a few minor changes, the proposed ordinance was
acceptable.
Dr. Metzger, Director of Public Health & Welfare, and Harry Markle,
Sanitation Officer, stated they could see no reason why this industry could not
operate without objection from a health standpoint under the proposed regulatory
ordinance.
Letters in opposition to any re -zoning of the property in question
were read and noted from Jack Davis, Bob Sowers, and F. A. Walton, pastor of
C. C. Beach Baptist Church; and Mrs. Vera Cunningham, president of C. C. Beach
Women's Club, stated they would be willing to accept the granting of a special
Council permit for this operation for a 5 -year period with the right of review,
but did not favor any re -zoning of the property.
Motion by Swantner, seconded by Barnard and passed that action on
the proposed ordinance regulating the transportation and disposition of oyster
shells, and on the proposed ordinance changing the zoning from "B-4" to "I-2" on
Blocks 411 and 414, of Brooklyn Addition, be deferred, and that the Legal Staff
and the Planning Staff work out a suitable 5 -year trial period for this operation
with the proponents and opponents for the Council's consideration.
Commissioner Swantner suggested that each member of the Council per-
sonally inspect the area involved before voting on either of the foregoing
ordinances.
Mayor McDonald called for the City Manager's reports.
Motion by Barnard, seconded by de Leon and passed that the recommenda-
tions and requests of the City Manager be approved and granted, as follows:
a. That the plans and specifications for the proposed construction
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December 20, 1961
Page #5
of the Parkdale Plaza Branch Library be approved, and that authority to advertise
for bids to be received on January 24, 1962, be granted;
b. That authority to advertise for bids to be received on January 10,
1962, on an estimated 3 -months' Fuel Requirements be granted;
c. That acceptance and final payment of Estimate #4 in the amount of
$3,844.84 to H & H Concrete Construction Company for the construction of the Horne
Road Bridge project be approved;
d. That acceptance and final payment of Estimate #14 in the amount of
$3,074.63 to Bur -Tex Constructors for construction of the Airport Ditch Storm Sewer
Unit I be approved, and that the sum of $4,035.25 be retained from the total cost,
pending settlement of a claim by Texas Mexican Railroad for damages done to its
railroad bridge which crosses this project;
e. That the award of bid on Heavy Equipment be made on the basis of
the low bids meeting specifications to Thurmond Rental & Sales Corp., for one 9'
Spreader Box for $2,450.25; and to The Roy Klossner Company for one Tractor Shovel,
Trojan Model 114 Special for a total less trade-in on Equipment $180, of $9,801.00;
for a grand total of $12,251.25; (See Bid Tabulation #63 in File)
f. That the engineering contract of Harrington & Cortelyou relative
to the Bridge Removal Project be extended from January 20, 1962, to such time as
they complete the final engineering report for submission to the Army Corps of
Engineers;
g. That authority to negotiate for the purchase of 15 parcels of land
at a cost not to exceed $122,450.00 for right-of-way required by the State of Texas
for the Crosstown Expressway, Highway 286 Relocated, be granted, and that said
amount be appropriated for said acquisition;
h. That the proposal of Mr. W. A. Dorris and Mr. R. P. Kelley be
accepted in connection with the Kelley Cain & Sechrist lease purchased by the City
for International Airport, permitting them to re-enter certain abandoned wells given
to the City by Renwar Oil Corp., in consideration of their re -plugging the wells
at no expense to the City and their giving to the City a 1/32 over-riding interest
in any production they may recover from the operation;
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December 20, 1961
Page #6
i. That the execution of a contract be authorized with E. W.
Jamison for the purchase by the City of Lot 1 of the McBride Commercial Sites and
all improvements thereon, for a total of $25,000.00, for the purpose of providing
a 60' right-of-way to tne Heldenfels property in that area, relative to the over-
all Bridge Removal Project, and that such action be ratified by the Council by
ordinance.
Motion by Barnard seconded by de Leon and passed that the minutes of
the special meeting of December 18, 1961, be approved as furnished to the Council.
Mayor McDonald excused himself from tne meeting, and turned the Chair
over to Mayor Pro Tem Swantner.
Dr. W. R. Hubler appeared in connection with a proposed ordinance
authorizing the City Manager to accept a utility easement dedication in lieu of a
previous utility easement dedication by Joe M. Sloan & wife, located near the inter-
section of Rosebud Street with Denver Avenue, which had been deferred from a pre-
vious meeting. There followed a discussion as to near future installations for
extending utility services to the immediate area and the responsibilities and cost
of same.
Motion by de Leon, seconded by Barnard and passed that the foregoing
proposed ordinance, Item "e" on the agenda, be deferred until a plan can be devised
satisfactory to all parties concerned.
ORDINANCE NO. 6366
RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE HORNE ROAD BRIDGE, PROJECT NO.
295-61-6.2-1, AS PERFORMED BY THE CONTRACTOR, H & H CONCRETE CONSTRUCTION COM-
PANY, UNDER THEIR CONTRACT WITH THE CITY DATED AUGUST 23, 1961, AUTHORIZED BY
ORDINANCE NO. 6256; AUTHORIZING PAYMENT OF FINAL ESTIMATE NO. 4, IN THE AMOUNT OF
$3,844.84, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR-
ING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor
McDonald, absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts
and Young, voting "Aye".
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Regular Council Meeting
December 20, 1961
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ORDINANCE NO.6367
APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $122,450.00 FOR
THE AC4UISITION OF 15 PARCELS OF PROPERTY FOR RIGHT OF WAY REQUIRED BY THE STATE OF
TEKAS AND APPLICABLE TO PROJECT NO. 220-56-24, CROSSTOWN EXPRESSWAY, HIGHWAY 286
RELOCATED, A COPY OF WHICH PARCEL LIST IS ATTACHED HERETO AND MADE A PART HEREOF;
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACTS FOR
AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, FOR THE ACQUISITION OF SAID PARCELS,
WHEN AND ONLY WHEN THE PURCHASE PRICE IS WITHIN THE "APPROVED VALUE" AS DETERMINED
BY THE STATE; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald, absert;;
Commissioners; Swantner, Barnard, de Leon, Maldonado, Roberts and Young, voting
"Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6368
AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS
CHRISTI, A REVOCABLE EASEMENT TO CROSS UNDER HEREFORD ROAD WITH A 1-1" OXYGEN PIPE
LINE IN CONNECTION WITH THE BUSINESS OPERATED AND TO BE OPERATED ON HEREFORD ROAD;
PROVIDING THE TERMS OF SUCH EASEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6369
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 SEW OF THE
ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106 PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING OF LOTS B, C AND D, COLUMBIA PARK
UNIT 1, AS FILED IN VOLUME 24, PAGE 42, OF THE MAP AND PLAT RECORDS OF NUECES COUNTY,
TEXAS, BEING THE SAME PROPERTY WHICH WAS FORMERLY LOT B OF COLUMBIA PARK UNIT NO. 1,
AS FILED IN VOLUME 23, PAGE 99 OF THE MAP AND PLAT RECORDS OF NUECES COUNTY, TEXAS,
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS
DISTRICT TO "1-2" LIGHT INDUSTRIAL 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 by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
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December 20, 1961
Page #8
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6370
APPROPRIATING OUT OF N0. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $5,400.00 FOk
THE ACQUISITION OF RIGHT OF WAY, PARCEL NO. 2, SAID PARCEL BEING MORE FULLY DESCRIB-
ED HEREINAFTER, APPLICABLE TO PROJECT NO. 220-61-41, GREENWOOD DRIVE IMPROVEMENTS --
PORT TO HORNE ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL
ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI FOR THE AC-
QUISITION OF SAID PARCEL; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6371
APPROPRIATING OUT OF NO. 220 STREET BOND IMPROVEMENT FUND THE SUM OF $3,228.53
FOR THE ACQUISITION OF RIGHT OF WAY, PARCEL NO. 1, SAID PARCEL BEING MORE FULLY
DESCRIBED HEREINAFTER, APPLICABLE TO PROJECT NO. 220-61-41, GREENWOOD DRIVE IM-
PROVEMENTS -- PORT TO HORNE ROAD; AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXECUTE REAL ESTATE SALES CONTRACT FOR AND,ON BEHALF OF THE CITY OF CORPUS CHRISTI
FOR THE ACQUISITION OF SAID PARCEL; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passsed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6372
APPROPRIATING OUT OF NO. 245 AIRPORT BOND CONSTRUCTION FUND THE SUM OF $282.45 IN
PAYMENT OF RENWAR OIL CORPORATION INVOICE FOR REPAIRING AND RELOCATING A PIPE LINE
IN CONNECTION WITH THE AIRPORT CONSTRUCTION, APPLICABLE TO PROJECT NO. 245-56-5.8;
AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
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Regular Council Meeting
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The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO. 6373
RECEIVING AND ACCEPTING THE CONSTRUCTION OF THE AIRPORT DITCH STORM SEWER, UNIT 1,
PROJECT 295-53-6.1, AS PERFORMED BY THE CONTRACTOR, BUR-TEX CONSTRUCTORS, UNDER
THEIR CONTRACT WITH THE CITY DATED JULY 30, 1960, AUTHORIZED BY ORDINANCE NO. 5823;
APPROPRIATING THE SUM OF $75.00 OUT OF NO. 295 STORM SEWER BOND FUNDS TO SUPPLEMENT
BALANCE OF FUNDS PREVIOUSLY APPROPRIATED FOR CONSTRUCTION; AUTHORIZING PAYMENT OF
FINAL ESTIMATE NO. 14, IN THE AMOUNT OF $3,074.63, DATED DECEMBER 14, 1961, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT BEING THE BALANCE
DUE THE CONTRACTOR, LESS THE SUM OF $4,035.25 WHICH IS RETAINED PENDING SETTLEMENT
OF A TEX-MEX RAILROAD CLAIM AGAINST THE CONTRACTOR; AND DECLARING AN EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
ORDINANCE NO.
AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT, FOR AND ON BEHALF OF THE CITY
OF CORPUS CHRISTI, THE AGREEMENT OF HARRINGTON AND CORTELYOU, CONSULTING ENGINEERS
ON THE BASCULE BRIDGE RELOCATION PROJECT, TO EXTEND THEIR PRESENT CONTRACT, WHICH
EXPIRES JANUARY 20, 1962, FOR AN ADDITIONAL PERIOD AS MAY BE REQUIRED FOR COMPLE-
TION OF PROJECT COST ANALYSIS AND APPORTIONMENT OF SAME AND NEGOTIATIONS FOR FINAL
PAYMENTS FROM THE FEDERAL GOVERNMENT, AS OUTLINED IN THEIR LETTER, WHICH CONSTI-
TUTES THIS AGREEMENT, DATED DECEMBER 12, 1961, A COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, APPLICABLE TO PROJECT NO. 230-55-11; AND DECLARING AN
EMERGENCY.
The Charter rule was suspended by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye".
The foregoing ordinance was passed by the following vote: Mayor McDonald,
absent; Commissioners Swantner, Barnard, de Leon, Maldonado, Roberts and Young,
voting "Aye"
ORDINANCE NO. 6375
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE
FOR:AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, A LEASE AGREEMENT WITH ROY SMITH,
COVERING 28.51 ACRES OF LAND SITUATED IN NUECES COUNTY, TEXAS, SOUTH GUTH PARK,
ON THE WATERS OF THE OSO BAY, ABOUT 8 MILES SOUTH 25° EAST FROM THE COUNTY COURT
HOUSE, FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND
PROVISIONS OF SAID LEASE AGREEMENT, SAID AGREEMENT BEGINNING SEPTEMBER 1, 1961,
AND ENDING AUGUST 31, 1962.
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The foregoing ordinance was read for the third time and passed finally
by the following vote: Mayor McDonald, absent; Commissioners Swantner, Barnard,
de Leon, Maldonado, Roberts and Young, voting "Aye".
SECOND READING OF AN ORDINANCE AMENDING SUBSECTION (a) OF SECTION 21-153 OF THE
CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO ADD TO THE SCHEDULE OF ONE-WAY
STREETS PROVISIONS FOR HAMLIN STREET FROM POPE DRIVE TO PEERMAN PLACE AND FT. WORTH
STREET FROM CATALINA PLACE TO DRIFTWOOD PLACE; PROVIDING AN EFFECTIVE DATE; PROVID-
ING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Mayor McDonald, absent; Commissioners Swantner,
Barnard, de Leon, Maldonado, Roberts and Young, voting "Aye".
Motion by Barnard, seconded by de Leon and passed that City Manager Whitney
be granted leave of absence on January 26, 1961, and that T. Ray Kring be appointed
Acting City Manager during his absence.
There being no further business to come before the Council, the meeting was
adjourned.