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HomeMy WebLinkAboutMinutes City Council - 01/26/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 26, 1977 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Edward Sample City Manager R. Marvin Townsend Assistant City Manager Archie N. Walker Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chambers of City Hall. Reverend Ezequiel Inurrieta of Our Lady of Guadalupe Church gave the Invocation. City Secretary Read called the roll of required Charter Officers and determined a quorum was present. Mayor Luby announced he issued Proclamations for: "Afro-American History Month" - February 1 through 28, 1977; "National Catholic Schools Week" - January 30 through February 2, 1977; and "Cancer Clinic Days" - February 1, 3, 8 and 10, 1977. Motion by de Ases that Councilmember Lozano's absence from today's meeting be excused; seconded by Tipton and passed unanimously. Mayor Luby then presented a retirement plaque to Mr. Ben Garza, Engineer's Assistant II with the Building Inspection Department after 30 years service; and he presented a 30 -year service pin and retirement plaque•to.Mr•+ Dick Runyan, Sr., Assistant Chief/Civil Defense with the Police Department, and with 32 years service. Mayor Luby then called for the City Manager's Report. City Manager Townsend presented the following items, with related explanations and discussion: a. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on February 9, 1977 on closing the dead end portion of Modinah Street between Lot 19, Block 3, and Lot 1, Block 5, Country Club Estates. The abutting property owners have requested the closing. The street ie located east of Everhart Road between Olympia Drive and the Flynn Shea drainage ditch across from Country Club Plaza. b. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on February 16, 1976 on the following zoning applications: (1) Mr. Joe Adams and Mr. Ralph Cook: "R -1B" to "B-1", located along the northwest ROW of U.S. 77 and east of Calallen Drive at its intersection with Teague Lane. (2) Conn -Sherrod Co., Inc.: "R -1B" to "A-2", located approximately 320' west of Everhart Road, south of Harry and north of South Staples Street. Minutes Regular Council Meeting January 26, 1977 Page 2 (3) Community Baptist Church: "R -1B" to "B-1", located on the south side of Horne Road approximately 100' east of Columbia Street. (4) Burkett and Burkett, Inc.: "A-1" to "AB", located on the east side of South Tancahua approximately 100' north of Park Avenue. Burkett and Burkett: Exception to Standard Screening Fence, located on the northeast corner of South Tancahua and Park Avenue. (5) c. Recommendation that bids be received at 11:00 a.m., Tuesday, February 15, 1977 for the cutting of firebreaks on the following properties: (1) A 50' firebreak on the tract of land behind the houses on Colla Drive and the houses on Lots 14 through 18, Block 4, Dona Park, on Vernon Drive and a 20' firebreak along the north frontage road of I.H. 37 from just west of McBride Lane to the back of the residential lots on Vernon Drive. (2) A 50' firebreak around the Motel 6 at I.H. 37 and Lantana and behind the mobile home park between Hampshire Road and I.H. 37 just west of Lantana and a 20' firebreak along the south frontage road of I.H. 37 just west of the Motel 6. (3) A 20' firebreak for approximately 650' along the south side of Yorktown Boulevard just west of Flour Bluff Drive. (4) A 50' firebreak behind the Lexington Manor Apartments off Kostoryz south of Padre Island Drive and behind the houses in Block 2 and 11, Ventura Plaza, on Wharton and Bonham Streets respectively. • *(5) A 50' firebreak around the Briarwood Apartments at Thames and Williams (Later Drive and along the back of the homes on Daley Drive south of Williams deleted) and a 20' firebreak along Hardwick Drive between its end and Thames and along Thames from Hardwick to the Briarwood Apartments. The property owners have been sent two registered letters asking for compliance to no avail. The property owner will be billed for the cost of the cutting and if the bill is not paid within 30 days, the cost will be assessed against the property as a lien. d. Recommendation that bids be received at 11:00 A.M., Tuesday, February 22, 1977 for stationary equipment for the new Health Building including fume hoods, floor safes, dental equipment, incubators and refrigerators. Specifications and receipt of bids is contingent on approval of the Texas Department of Health Resources. e. Recommendation that bids be received at 11 a.m., Tuesday, February 15, 1977, for the following cars, window vans, pickups, and truck cabs and chassis for the various City divisions: 3 intermediate sedans 27 intermediate sedans with police package 15 compact sedans with power steering for the Police Department 7 compact sedans 2 compact station wagons 12 sub -compact sedans 2 3/4 -ton window vans 20 1/2 -ton pickups 4 3/4 -ton pickups 2 10,000 GVW (gross vehicle weight) cabs and chassis 7 20,000 GVW crew cabs and chassis 1 27,500 GVW cab and chassis Minutes Regular Council Meeting January 26, 1977 Page 3 f. In addition, it is recommended that two intermediate sedans with police package be included in the bid for the City of Port Aransas, along with one 3/4 -ton panel van, one 1/2 -ton pickup, and a 7,500 GVW cab and chassis for the Corpus Christi Independent School District. The specifications carry forth the changes approved by the City Council in vehicle size last year which were as follows: (1) Continuation of the use of intermediate size sedans for Police Patrol and Traffic; (2) Use of compact sedans in other Police operations such as Criminal Investigation and Community Services; (3) Use of sub -compacts in City field operations such as the Tax Office, meter reading, and building inspection. Recommendation that bid award on trees and palms in various parks and at the Oso Golf Course be made to the following firms on the basis of low bid: TURNER LANDSCAPE, Corpus Christi 300 2" tallow trees 20 3/4" Australian pines 90 palms - trunk foot 4'-5' CURRIE SEED COMPANY, Corpus Christi 50 2" live oak trees 50 palms - trunk foot 8'-10' $12.88 ea. 4.95 ea. 13.97 ea. 35.75 ea. 35.62 ea. BOB'S NURSERY & LANDSCAPE SERVICE, Corpus Christi, 300 2" cottonwood trees 20.25 en. GRAND TOTAL $3,864.00 99.00 1,257.30 $5,220.30 $1,787.50 1,781.00 $3,568.50 $6,075.00 $14,863,80 Bids were received from four firms. Price comparison shows an increase of 8% on tallow trees, 80% on.cottonwoods, And 19% on live oaks; and a ' decrease of 38% on 4'-5' palm trees and 15% nn 8'-10' palms. (Bid Tab 5-77) B. Recommendation that bid award for movable equipment for. the new Health Building he made as follows on the basis of most advantageous bid: LITTON OFFICE PRODUCTS, Corpus Christi desks,and bookcases (Lot A) $6,867.20 TEXAS OFFICE SUPPLY, Corpus Christi tables, chairs and other furniture (Lot B) C. C. MEDICAL, Corpus Christi stools (Lot C) medical equipment (Lot D) 21,619.48 913.22 2,721.21 GENERAL ELECTRIC X-RAY, Corpus Christi X-ray machine (Lot E) 27,636.00 SEARS CONTRACT SALES, Corpus Christi appliances (Lot F) and lounge furniture (Lot G) 1,643.22 $61,420.83 The apparent low bid submitted by ABC Hardware, Carpue Christi, on appliances did not meet specifications because it did not include installation. Bids were received from 15 firms. (Bid Tab #6-77) Minutes Regular Council Meeting January 26, 1977 Page 4 h. Recommendation that bid aw.+rd for a load interrupter switch for the raw water pumping unit at the Stevens Filter Plant be made to WESTINGHOUSE ELECTRIC SUPPLY COMPANY, Corpus Christi, on the basis of low bid of $2,600. This equipment is the last major item of a project started last year to install two 7,000 gallon per minute raw water pumps to increase raw water pumping capacity by 2 million gallons per day. (Bid Tab #7-77) i. Recommendation that plans and specifications for the construction of sanitary sewer improvements in the south end of Flour Bluff be approved and bids be received on February 23, 1977. This project provides for the construction of a lift station at Carp Drive and Whiteley Drive and a force main in Whiteley Drive and Laguna Shores Road to the proposed lift station south of the Tropic Isles Channel, j• Recommendation that plans and specifications for tennis courts, parking lot, and utility improvements for Flour Bluff Park be approved and bids be received on February 23, 1977. This project includes the construction of three lighted tennis courts, necessary parking improvements to serve the tennis courts and utility improvements to serve the swimming pool for the park, as well as the Satellite Clinic now under construction. The project is financed by funds provided in the 1972 Bond Election and a grant from the Bureau of Outdoor Recreation. k. Recommendation that plans and specifications for the Flour Bluff swimming pool be approved and that bids be received on February 23, 1977. This project is jointly financed by the City and the Bureau of Outdoor Recreation. The proposed pool will be built in Parker Memorial Park adjacent to the Satellite Clinic now under construction. It is an eight -lane, 25 meter pool. The improvements will include a parking lot, bath house, and related facilities. 1. Recommendation that plans and specifications for expansion and"remodeling of Oak Park Recreation Center be approved and bids be received on February 23, 1977. This 1972 bond project provides remodeling of the existing center by adding a kitchen, crafts room, restrooms and an exorcise room to the existing floor area and adding a game room, indoor prefabricated 25 meter swimming pool 4 foot deep, and two additional arts and crafts rooms. m. Recommendation that Change Order No. i for $2,143.72 to Unit VIII of the Sidewalk Program be approved for construction of approximately 185 feet of 8 foot wide concrete sidewalk on East Shoreline Drive, at the Holiday Inn Emerald Beach. The Holiday Inn management has agreed to pay the portion of the cost of the sidewalk for which they would normally be assessed under the assessment ordinance. The cost to Holiday Inn for this work would be $1,104. n. Recommendation that Chnnge Orders No. 2 and 3 to Interceptor Sewer 34-A, Section 3 CsInl len Trunk I,Inep prulerl be apprnvcd. Burtox Con'+l nn•lorn, Inc. agreed to complete the project In December, 1'176. The staff and consulting engineer recommend that the City participate in tho construction of three additional manholes to air test the line every 200' at a cost of $1,824 and provide a unit price of $20.75 for additional crushed rock foundation stabilization to be used only as authorized by the engineer. Because of the unknown quantity of stabilization which may be needed, an appropfiation of $20,000.00 is recommended. o. Recommendation that the following actions be taken regarding the public hearing on the Facility Plan and the Environmental Assessment for improvements to the Flour Bluff Wastewater System: (1) The hearing be closed and the Facility Plan adopted; , (2) Authority be granted to submit an application to the Texas Water Quality Board and the Environmental Protection Agency for funds to proceed with the Step 2 (design) work required under the provisions of Public Law 92-500. ,. Minutes Regular Council Meeting January 26, 1977 Page 5 These actions are in compliance with Environmental Protection Agency regulations and Public Law 92-500. The actual submission of the application must be delayed until the Texas Water Quality Board approves the Step 1 work and requests an application for Step 2. p. Recommendation that $9,329.72 be appropriated from the Street Bond Fund for cost overruns incurred on the Leopard Street project. The overruns were incurred because of a large quantity of old pavement which had to be removed in order to assure stability of new pavement and additional field engineering required on the project. q. Recommendation that the contract for the Cole Park Fishing Pier floodlight improvements be awarded to Fairbairn Electric Company for $2,963. The project includes replacement of six 500W floodlights at the "T" section of the pier and the revision of electrical conduit configuration to prevent vandalism. Sufficient funds are provided in the Park Division for this project plus the cost of legal advertising ($86.90), r. Recommendation that Abacus Corporation, the contractor on the Clarkwood, San Juan, McNorton sanitary sewer improvements, be charged liquidated damages for 46 days at $100 per day for $4,600. The contractor exceeded the working time by 99 days. It is recommended that a 53 -day extension be granted due to problems in delivery of an aerater for the lift station. On December 29, 1976, the contract was accepted as complete and $10,000 was retained until the question of completion within the authorized time could be resolved. The City staff has met with the contractor's attorney and still recommends charging $4,600 in liquidated damages because the delays caused expense to the City for .inspection services and trucking of sewage. s. Recommendation that the preliminary assessment roll for street improvements for the following streets: Comanche Street, from 19th Street to Port Avenue; Bonham Street, from Sokol Drive to dead end; Cosner Street, from Mahan Drive to McArdle Road; Hakel Street, from South Padre Island Drive to McArdle Road; unnamed street between Houston Street and Brawner Parkway; north of Carroll Lane, abutting Lots 11-A, 11-D and 11-C, Block 3, Laughlin Tract, Lots A and N, Block 2, Laughlin Tract be adopted and that the public hearing on assessments be held at 3:00 p.m. Wednesday, February 23, 1977 in the Council Chamber. The assessment roll has been prepared in accordance with the current assessment policy based on the low bid of $415,075.30 submitted by Asphalt Paving and Construction Company. t. Recommendation that the 90 -day lease in the International Arrival Building at the Airport, with Coastal Bend Rent-A-Car, Inc., the Avis licensee, be extended on a month-to-month basis and be reduced from 1500 to 1196 square feet at a rental of 45C per square foot per month ($538.20). The company had planned to move to the east part of the building but now wants to remain at the present location in the west portion until Southwest Airlines is settled in its adjacent offices in the west part of the building where adequate space exists for both companies. u. Recommendation that the City proceed with the construction of a facility in Cole Park commemorating the contributions made by Abraham Lincoln and Benito Juarez to their respective countries at a cost not to exceed $5,000. The construction will be performed by the Park Division. v. Recommendation that a.5 -year lease agreement with the West Corpus Christi Rotary Club for use of a 300' x 400' tract of land at the Allison Wastewater Treatment Plant for use as a recreational area for Boy Scout activities be, renewed. The proposed lease agreement is a renewal of the agreement entered into in February, 1972. The lease provides that the City may terminate it and also may use any part of the leased area for the subsurface injection of sludge upon 30 days written notice. Minutes Regular Council Meeting January 26, 1977 Page 6 w. Recommendation that authorization be granted to execute contracts and related documents with the following agencies for public service employment under Title VI of the Comprehensive Employment and Training Act: Corpus Christi ISD Flour Bluff ISD West Oso ISD Calallen ISD Tuloso Midway ISD Nueces County Community Action Agency Del Mar College LULAC Educational Service Center $127,000 42 positions 18,900 5 12,400 3 15,300 4 16,800 3 28,500 7 13,000 3 12,700 2 The contracts will extend from February 1, 1977 through September 30, 1977 and carry over existing employees. ' x. Recommendation that authority be granted to submit a modification for the FY 76 Title VI Comprehensive Employment and Training Act Grant 48-5-610-60 to the Department of Labor requesting a 28 -day extension of the contract termination date from January 31 to February 28, 1977. Any funds remaining in the grant at the termination date of the program revert badk to the Department of Labor. The extension would allow approximately $27,000 remaining in sub -contracts of the $2,141,814 contract to be spent on' existing Title VI programs. Of this amount, the City of Corpus Christi has approximately $25,000 in unspent funds. Such action and modification would be subject to the Coastal Bend Manpower Consortium Executive Board's approval. Y. Recommendation that a public hearing be held on February 16, 1977 to close approximately 100 1.f. of Parr Street at the Parr Comanche Street inter- section. It is proposed to close the north end of Parr Street to eliminate a 5 -point intersection. Bids have been received for improvements to Com- anche from 19th to Port Avenue. z. Recommendation that the City lease property in the 5300 block of Leopard Street to Valley Gold Dairy Products for three years as a substation and transfer point for Valley Gold's milk trucks, at $150.00 per month rent, subject to a sixty-day cancellation clause. The property was last leased to Sea & Sea Mobile Home Sales in 1968. The company went out of business in 1975. The property was acquired as part of the railroad relocation for the Tule Lake Lift Bridge project. Advertisements for the lease were published on January 8 and 9, 1977. This was the only proposal received. aa. Recommendation that a five-year grazing lease on approximately 80 acres at the Allison Wastewater Treatment Plant with Mr. Joe Roe be renewed for $240 per year with the City having the right to inject sludge in any part of the leased area. Mr. Roe fenced the leased area at his expense in 1972 and has proven to be a satisfactory tenant. The 1972 lease pro- vided an annual rental of $200 for the first two years and $240 for the last three years. The first two years rent was lower because Mr. Roe was required to completely fence the leased area. bb. Recommendation that plans and specifications for removal and replacement of flood lights at Price Park Teenage Baseball Field be approved and bids be received on Tuesday, February 15, 1977. The project includes replace- ment of 120 existing incandescent flood lights with 1500 w quartz lights to improve lighting and replacement of one 90 -foot pole. cc. Recommendation that the bids received on the Corpus Christi Beach drainage project on August 11, 1976 be rejected and the drainage project be modified to include one drainage outfall from Surfside Boulevard north to Rincon Point and lateral extensions into existing streets from Bridgeport Avenue to Surfside Boulevard westward to existing storm sewers under U.S. Highway 181. Minutes Regular Council Meeting January 26, 1977 Page 7 dd. Recommendation that the City Manager be authorized to enter into a 5 -year contract with the Junior League of Corpus Christi for the lease of Lots 3 and 4, Block 70, Beach Portion Subdivision, on which the Sidbury Historical Home will be relocated. The lease on Lot 6, Block 70, on which the Sidbury Home is now located will be cancelled by approval of the new lease. The Sidbury Home will be completely restored by the Junior League of Corpus Christi. ee. Recommendation that the City Manager be authorized to receive bids on relocating the Sidbury Historical Home to Lots 3 and 4, Block 70, Beach Portion Subdivision, and to receive an alternate bid on locating the Guggenheim Home to Lots 1 and 2, Block 70, Beach Portion Subdivision. Mayor Luby opened the floor for discussion from the audience regarding the City Manager's Report. Mr. Edmund Ford, attorney representing Abacus Corporation, addressed the Council relative to item "r", protesting the $4,600 to be charged in liquidated damages. He stated that their contract for the sewer improvements provided 100 working days, with the provision in it for an extension if materials were not available. He said that they were unable to get the $12,000 aerator needed for the project, and the 100 working days expired during that time. He continued that as soon as the item was received it was promptly installed, and there is no complaint from the City about that. He charged that the contractor couldn't complete the contract until all materials necessary to complete it were received, and maintained that the City is charging liquidated damages prior to that time. Mr. Ford acknowledged that the aerator was not essential to the sewer line, but emphasized it was part of the contract; and stated they could not get paid in full until the item was installed. City Attorney J. Bruce Aycock responded for the Staff, saying it's an ingenious argument that it's an indivisible contract. He explained that the terms of the contract stipulate that in order for the contractor to be given an adjustment for a missing part through no fault of their own, there has to have been an actual work stoppage occur. He stated that on the 100th day, the contractor was only two-thirds complete with the project, so the delay in receiving the aerator, didn`t make any difference. He also informed the Council that the contract specifies that the engineer's decision in interpreting the contract shall be final. Minutes Regular Council Meeting January 26, 1977 Page 8 City Manager Townsend responded to Attorney Ford's comment, that there is always a 10% retainage fee until final payment on the contract is approved. Mr. Jimmy Lontos, Director of Engineering and Physical Development, stated that after the work order was issued, the contractor waited 18 days before actually beginning work, and was charged those 18 days' time. He continued that after the project was substantially completed and the aerator was the only delay, the City agreed to give them an extension for that time --or 24 days. He explained again that the contractor exceeded the working time by 99 days; that the City is granting them a total 53 -day extension, and recommending that they be charged $100 a day for the additional 46 days --or $4,600. He repeated to the Council that the aerator was not essential to the completion of the project. In summary, City Manager Townsend stated the Staff has carefully reviewed Mr. Ford's position but, technically, they do not believe his stand is correct. He emphasized that the time of completion was very critical on this project because raw sewage had to be hauled, and that fact was stipulated in the contract and the company was reminded of that as work progressed. He clarified that the only issue is whether the failure to obtain the aerator could be used as the total excuse for the slowness in completion of the project. He stated again that the aerator did not hold up their construction, which is the basis for their recommendation. Councilmember de Ases asked Mr. Townsend if he was saying that the project could have been completed even though the aerator was not there. City Manager Townsend answered that if Abacus had completed everything else and had been going to run over the allotted time limit because of the delay in receiving the aerator, the City would have been able to use the station even without that item and would have done so. He added that it would not have cost the company extra to install the aerator later. He also told the Council that if the contractor had come in and said that they have everything else finished but it would take so many additional days to get the aerator, the City would have gone ahead and accepted the project. Minutes Regular Council Meeting January 26, 1977 Page 9 In rebuttal time, Attorney Ford argued that the contract is not complete until all items have been received and installed; and that their time is not up until the material is received and installed within a reasonable length of time. He pointed out that if it's a good, sunny day it's considered to be a working day -- even though they don't have the part and can't work. He stressed that it would do no good for a contractor to delay a project -- that he has borrowed money and wants to get it paid back as soon as possible. City Manager Townsend asked Mr. Ford if the aerator had been delivered 46 working days earlier, would the contractor have been finished? Mr. Ford replied no, that there were other incidental delays; also that they had hoped to have two crews working on the job but were unable to. Under discussion of the matter, Dr. Tipton stated that he knows of no businessman who would blatantly delay a project. Councilmember Gulley spoke up that sometimes contractors bid a lesser number of working days than they know it will take them to complete the job, in order to get the contract. Councilmember Sample expressed his fear that granting Abacus' plea might open the door for other contractors who do not wish to stick to their completion schedule. Under further comments from the audience regarding the City Manager's Report, Mr. Joe Hensler spoke concerning item "c (5)". He stated he is the owner of that property and let a contract for the firebreak work several months ago, but the rains have not allowed heavy machinery in the area. City Manager Townsend asked him if he could provide them with a copy of that contract. He replied yes. The Council expressed some concern that the Staff was ready to take action on the property when the man had been planning to take care of the problem for some time. City Manager Townsend responded that the first notices to clear the weeds were sent out over a year ago, so he believes the time frame has been ample. He also stated that two registered letters and a telphone call were made to each property owner listed in item "c"; and that there is no indication in the files regarding Mr. Hansler's property that a contract had been let, which he said might have been a communication misunderstanding. Mr. Townsend then withdrew number 5 under his recommendation "c". Minutes Regular Council Meeting January 26, 1977 Page 10 Mrs. Robert Medley, 1001 Golla, asked since Mr. Hansler said he would clear his property, will the City send letters to the other people again. City Manager Townsend answered no, that items 1 through 4 (recommendation c) will remain on the agenda for bids to be taken. Motion by Sample that the City Manager's Report be accepted; seconded by Tipton and passed unanimously. Mayor Luby recessed the meeting at 3:20 p.m. prior to a Special Council Meeting on four zoning cases. At -6:38 p.m. the Council reconvened the Special Council Meeting of January 11, 1977 at which time a public hearing was held on the 3rd Year Community Develop- ment Block Grant Application, and closed. Assistant City Manager Walker stated it is recommended that authority be granted to submit the 3rd Year Community Develop- ment Block Grant Application and Housing Assistance Plan to the Department of Housing and Urban Development requesting $4,695,000 in federal funds to go along with $1,075,400 in local funds. He stated the total project cost would be $5,770,400, to be distributed according to the recommendation of the Planning Commission as follows: PROJECT CD FUNDS LOCAL FUNDS TOTAL COST STREETS $2,080,800 $935,000 $3,015,800 UTILITY RELOCATION & IMPROVEMENTS 747,100 -0- 747,100 SANITARY SEWERS 150,000 -0- 150,000 REMOVAL OF ARCHITECTURAL BARRIERS IN THE CBD 35,000 -0- 35,000 SIDEWALKS 11,000 -0- 11,000 HOUSING & NEIGHBORHOOD PLANNING 970,100 -0- 970,100 - WASHINGTON-COLES NEIGHBORHOOD DEVELOPMENT 637,000 140,400 777,400 PARK IMPROVEMENTS 44,000 -0- 44,000 MINORITY BUSINESS LIAISON 20,000 -0- _ 20,000 TOTAL $4,695,000 $1,075,400 $5,770,400 Minutes Regular Council Meeting January 26, 1977 Page 11 Mr. Walker explained that the $1,075,400 in local funds will be made available through the Street Bond Fund from anticipated assessments from proposed street improvement projects. Mr. Ernest Briones, Director of the Department of Planning and Urban Development, stated that since no changes were made by the Council at the previous public hearings which are now closed, the Staff had prepared the application for their approval as presented. Discussion of the application followed. Councilmember Gill stated she likes the proposal submitted by Mr. John Kirkley which calls for a Community Development Director/Coordinator who would be responsible for the overall administration of the Community Development Block Grant Program, pay grade 32 and an Affirmative Action Liaison Officer at pay grade 29; also his proposal for an Estimator with the Coastal Bend Minority Contractors and a Procurement Specialist with the Corpus Christi Economic Development Corporation. Councilmember Sample agreed and stated he believes the Council would get more citizen partici- pation with a Community Development Coordinator. Mr. Briones responded that he believes the Staff is already doing what Mr. Kirkley is proposing to do regarding administration of the Community Development Program, saying that Mr. Tom Utter, Director of the Neighborhood Improvement Program, was hired last October to do that. He explained to the Council that the job description for the position was changed at that time to assume those additional responsibilities. He read•the list of responsibilities for the Coordinator proposed by.Mr. Kirkley, and stated that Mr. Utter has those duties and he sees no need to add another person to do them. Mayor Pro Tem Tipton remarked that he believes the job has not been done satisfactorily in the past, but believes it will be by Mr. Utter. Mayor Luby stated he was glad to get Mr. Utter's job description as he knew nothing about how it had been changed. Councilmember Gulley objected to adding the positions proposed by Mr. Kirkley, saying it would be taking money away from the poor who should be receiving it under this program and instead adding two more bureaucrats. Minutes Regular Council Meeting January 26, 1977 Page 12 Mr. John Kirkley then addressed the Council relative to his proposal. He stressed the need for a full time Director working fully and wholly on Community Development. He also stressed the need to go to the people and ask what their problems are through informal neighborhood meetings. Mayor Luby stated that the way the program was handled in the past by the previous Director was a "disgrace". Assistant City Manager Walker then reviewed for the Council that they held neighborhood meetings in the past for citizen input but experienced many problems because some members of the Staff went out in the community and built some false expectations to the people for improvements to their homes and vicinity; and there was no way that management could fulfill all of those expectations. He continued that if the Council feels there is a need for more citizen input, the Staff can come up with a program to develop that; but at the same time they do not want to build any false expectations. He explained that the Staff needs guidance and direction from the Council as to what they want, because in the past some Councils felt that neighborhood meetings with that kind of input and false expectations that were often generated, caused more harm than good. He concluded that he believes we have the Staff to administer the program and that Mr. Utter will do his job well. Mayor Luby then stated that he would vote against the application because he is going to insist on grants rather than loans. He said there is no way that many of the citizens can repay the loans, and that he feels the City owes grants to them. Councilmember Gulley inquired about how much Staff time is being spent on Community Development at this time which is not charged to that but could be. Mr. Briones replied that the figure probably involves hundreds of Staff hours and would be about $50,000 a year. Mr. Gulley argued that time on Community Development projects should be charged to that because it is federal money and that is allowable under the regulations. Assistant City Manager Walker stated again that the Council needs to tell the Staff what type of program they want, and the Staff will come back with a proposal to carry it out. He stated he thought that is what had been done. Minutes Regular Council Meeting January 26, 1977 Page 13 Mr. Tom Utter, Director of Neighborhood Improvement, pointed out to the Council that the application must be submitted to the COG and the Governors office on January 28 -- in two days -- so it would not be possible to hold more public hearings on it; but that if the Council desires more public hearings for next year's application, they should, begin in June. Mr. Utter also explained that he has met with Mr. Kirkley and helped him finalize his proposal. Regarding the Coastal Bend Minority Contractors, he stated the Staff considered having someone from outside the organization to meet and work with Purchasing and Engineering on bids, but that he is not convinced that is the answer. Mayor Pro Tem Tipton asked Mr. Utter if he thought he could develop new innovative programs for Corpus Christi with the present Staff and present working situation or if it would be better to hire someone at $25,000 to assist. Mr. Utter responded that some office reorganization would be necessary for an outstanding Community Development Program. Councilmember de Ases asked Mr. Utter if it would cause any major problems to incorporate Mr. Kirkley's proposal in the application before the two-day deadline. Mr. Utter replied that it would cause no major problems. Under further questioning, Mr. Utter replied that there is money in the budget for increased Staff for the Neighborhood Improvement Program; also that he accepts the responsibility for this year's Community Development Program and the application as proposed. Motion by Sample to approve the application including $20,000 for the Liaison Officer as proposed; seconded by Gill. Under discussion, Mayor Luby stated he objects to the proposal because he believes the City has neglected those who need the money most and he favors grants for the needy; but he stated he is afraid to vote against the application for fear it might not be approved, so would vote present. The Motioi. passed --with Luby voting present. The Special Meeting was adjourned et 7:50 p.m., and the Council resumed the Regular Council Meeting of January 26, 1977. Minutes Regular Council Meeting January 26, 1977 Page 14 Assistant City Manager Walker next presented the ordinances, with related comments and explanations. Mayor Luby declared the ordinance paying the City's bond attorney and financial advisor not to be an emergency, and asked that it be changed to three readings. There were no comments from the audience regarding the ordinances. City Secretary Read polled the Council for their vote; all ordinances passed, as follows: ORDINANCE NO. 13586: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. COMANCHE STREET, FROM 19TH STREET TO PORT AVENUE; 2. BONHAM STREET, FROM SOKOL DRIVE TO DEAD END; 3. COSNER STREET, FROM MAHAN DRIVE TO MCARDLE ROAD; 4. HAKEL STREET, FROM SOUTH PADRE ISLAND DRIVE TO MCARDLE ROAD; 5. HOUSTON STREET, FROM CARROLL LANE TO KOSTORYZ ROAD; AND 6. UNNAMED STREET BETWEEN HOUSTON STREET AND BRAWNER PARKWAY, NORTH OF CARROLL LANE, ABUTTING LOTS 11-A, 11-D, AND 11-C, BLOCK 3, LAUGHLIN TRACT, LOTS A AND N, BLOCK 2, LAUGHLIN TRACT; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE 10684, CONCERNING A TRACT OF LAND 300 FEET BY 400 FEET FROM TRACT B, NUECES VIEW TRACT, RECORDED IN VOLUME 28, PAGE 64, NUECES COUNTY PLAT RECORDS, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA FOR BOY SCOUT TROOP ACTIVITIES, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWEST AIRLINES CORPORATION, COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE SAID LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent.. SECOND READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN EXTENSION OF AN ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND HERSHEL AND LYDA N. CHANCE, DBA C & T GIFTS AND NEWS, SAID EXTENSION TO BE FOR A PERIOD OF FIVE (5) YEARS, COVERING THE NEWSSTAND FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Ln -ono absent. Minutes Regular Council Meeting January 26, 1977 Page 15 ORDINANCE NO. 13587: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. COMANCHE STREET, FROM 19TH STREET TO PORT AVENUE; 2. BONHAM STREET, FROM SOKOL DRIVE TO DEAD END; 3. COSNER STREET, FROM MAHAN DRIVE TO MCARDLE ROAD; 4. HAKEL STREET, FROM SOUTH PADRE ISLAND DRIVE TO MCARDLE ROAD; 5. HOUSTON STREET, FROM CARROLL LANE TO KOSTORYZ ROAD; AND 6. UNNAMED STREET BETWEEN HOUSTON STREET AND BRAWNER PARKWAY, NORTH OF CARROLL LANE, ABUTTING LOTS 11-A, 11-D AND 11-C, BLOCK 3, LAUGHLIN TRACT, LOTS A AND N, BLOCK 2, LAUGHLIN TRACT; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD FEBRUARY 23, 1977 IN THE CITY COUNCIL CHAMBERS OF CITY HALL, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13588: AUTHORIZING THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS, JUNIOR LIEN WATERWORKS SYSTEM REVENUE BONDS, SERIES 1977, IN THE AMOUNT OF $7,105,000 TO IMPROVE AND EXTEND THE WATERWORKS SYSTEM OF THE CITY, PLEDGING CERTAIN REVENUES OF SAID SYSTEM AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13589: AUTHORIZING THE EXECUTION OF CHANGE ORDERS NO. 2 AND 3 TO THE CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR CONSTRUCTION OF IMPROVEMENTS TO INTERCEPTOR SEWER 34-A, SECTION 3, CALALLEN TRUNK LINE, SAID CHANGE ORDER NO. 2 PROVIDING FOR THE CITY'S SHARE OF CONSTRUCTION COST FOR THREE ADDITIONAL MANHOLES TOTALING $1,824.00 AND CHANGE ORDER NO. 3 ESTABLISHING A UNIT PRICE OF $20.75 PER LINEAR FOOT FOR ADDITIONAL FOUNDATION STABILIZATION TO BE INSTALLED ONLY AT LOCATIONS DETERMINED AND AUTHORIZED BY THE ENGINEER; APPROPRIATING $20,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-72-5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passedbythe following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13590: ADOPTING THE FACILITY PLAN FOR THE FLOUR BLUFF WASTEWATER TREATMENT SYSTEM IMPROVEMENTS AS PREPARED BY URBAN ENGINEERING, A SUBSTANTIAL COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE THE SAME AS IF COPIED VERBATIN HEREIN; AND AUTHORIZING THE CITY MANAGER, UPON APPROVAL OF THE STEP 1 WORK BY THE TEXAS WATER QUALITY BOARD, TO SUBMIT AN APPLICATION AND EXECUTE ALL DOCUMENTS RELATING TO THE APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR FUNDS RELATING TO STEP 2 WORK, ALL IN ACCORDANCE WITH THE REQUIREMENTS OF PUBLIC LAW 92-500; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ages, Gill, Gulley and Sample voting Aye; Lozano absent. Minutes Regular Council Meeting January 26, 1977 Page 16 ORDINANCE NO. 13591: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COASTAL BEND RENT A CAR, INC. (AVIS), COVERING RENTAL OF SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13592: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND ALL RELATED DOCUMENTS WITH THE CORPUS CHRISTI, TULOSO-MIDWAY, CALALLEN, WEST OSO, AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICTS, THE NUECES COUNTY COMMUNITY ACTION AGENCY, DEL MAR COLLEGE AND THE LULAC EDUCATIONAL SERVICE CENTER FOR 69 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT, ALL AS MORE FULLY DESCRIBED IN THE RESPECTIVE CONTRACTS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13593: AUTHORIZING THE CITY MANAGER TO EXECUTE A FY 76 TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION TO EXTEND THE CONTRACT DATE FROM JANUARY 31, 1977, TO FEBRUARY 28, 1977, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AND RELATED GRANT MODIFICATIONS, CONTRACTS, CONTRACT MODIFICATIONS AND DOCUMENTS IN THE IMPLEMENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID GRANT MODIFICATION TO CONTINUE THE PROGRAM TO FEBRUARY 28, 1977; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13594: APPROPRIATING $9,329.72 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-2, LEOPARD STREET FROM CARANCAHUA TO WEST OF PALM DRIVE, TO COVER CONSTRUCTION COST OVERRUNS INCURRED ON THE PROJECT BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13595: 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 SOUTHWESTERN BELL TELEPHONE COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT B, SUNNYBROOK ADDITION #2, AND LOT 1, BLOCK 3, SOUTHWOOD ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, WITH A WAIVER OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTH AND WEST PROPERTY LINES BUT THAT IT SHALL BE REQUIRED ALONG THE NORTH PROPERTY LINE ADJACENT TO EXISTING RESIDENTIAL USES; 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: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. Minutes Regular Council Meeting January 26, 1977 Page 17 ORDINANCE NO. 13596: APPROVING THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND HOUSING ASSISTANCE PLAN, AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE SAME TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, A SUBSTANTIAL COPY OF SAID GRANT APPLICATION AND HOUSING ASSISTANCE PLAN BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL DOCUMENTS AND CONTRACTS NECESSARY RELATING TO THE SUBMISSION THEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE GRANT UPON APPROVAL OF SAID GRANT BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley and Sample voting Aye; Luby voting present; and Lozano absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH VALLEY GOLD DAIRY PRODUCTS COVERING LOTS 1 & 1A, MCBRIDE COMMERCIAL SITES FOR A TERM OF 3 YEARS, SAID LAND TO BE USED FOR A SUBSTATION AND TRANSFER POINT FOR TENANT'S MILK TRUCKS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its'second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOE ROE FOR THE LEASING OF A TRACT OF LAND AT THE ALLISON WASTEWATER TREATMENT PLANT FOR A TERM OF 5 YEARS COMMENCING ON MARCH 2, 1977, AND END ON MARCH 1, 1982, IN ACCORDANCE WITH THE TERMS OF SAID LEASE, A SUBSTANTIAL COPY OF WHICH MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR A TERM OF FIVE (5) YEARS, LEASING TO THE SAID JUNIOR LEAGUE LOTS 3 AND 4, BLOCK 70, BEACH PORTION, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI; NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A" AND MADE A PART HEREOF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Sample voting Aye; Lozano absent. ORDINANCE NO. 13597: 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 CONN-SHERROD COMPANY, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LAND OUT OF THE UNRECORDED LAUGHLIN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE 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: Tipton, de Ases, Gill, Gulley and Sample voting Aye; Luby voting Nay; Lozano absent. Minutes Regular Council Meeting January 26, 1977 Page 18 ORDINANCE NO. 13598: 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 M. B. ESSARY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTHWEST PORTION OF LOT 28 AND THE SOUTHEAST PORTION OF LOT 32, H. B. SHEPPARD FARM LOTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-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 and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill and Gulley voting Aye; Luby and Sample voting Nay; Lozano absent. Assistant City Manager Walker distributed to the Council a petition (113-77) he had received requesting sewer service for River View Trail. Mayor Luby asked for a public hearing on the Lo -Vaca situation. It was the consensus of the Council not to hold a public hearing but to be briefed at a future Council Meeting. Mayor Luby said he saw in the newspaper that the City has accepted Lo-Vaca's proposal. Mr. Walker responded that the City has not accepted it until the Council so acts. There were no petitions from the audience and no further business to come before the Council. On Motion.by de Ases, seconded by Tipton and passed unanimously, the Regular Council Meeting of January 26, 1977 was adjourned at 8:00 p.m.