Loading...
HomeMy WebLinkAboutMinutes City Council - 02/23/1977MINUTES CITY OF CORPUS CHRISTI•, TEXAS REGULAR COUNCIL MEETING FEBRUARY 23, 1977 . 2:00 P.M. PRESENT: , Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth' Gill Bob Gulley ,'Gabe Lozano, Sr. Edward Sample 4 City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Councilmember Lozano called the meeting to order while Mayor Luby was upstairs conducting,official City business,. and Mayor Pro Tem Tipton was temporarily absent. Reverend'Thomas'Copeland of Sacred 'Heart Church gave the Invocation. • • . City Secretary'Rea'd called the roll of required Charter officers and stated there was a quorum present for the meeting. ' ' (Mayor Luby and Mayor Pro Tem Tipton arrived at this time.) . ` Motion by Lozano that the minutes of the Regular and Special Council Meetings of February 2, 1977 and the Regular Meeting of February 9„1977 be approved as submitted; seconded by Tipton and passed unanimously. Mayor Luby announced a Proclamation for "Policeman and Fireman Appreciation Day” - Monday; February 28, 1977. • Mayor Luby next recognized the presentation by representatives of Central Power and Light Company. Mr. Wallace Whitworth, Manager, reported that the average delivered cost of fuel to CP&L during February was $1.9349 per MMBTU, which would be reflected on their March billing. He emphasized that the increase is only about one-fourth of a cent per 1000 KWH over last month's cost. Mayor Luby then announced the bid opening on five separate projects. Mr. James Lontos, Director of Engineering and Physical Development, announced the opening of bids for the construction of sanitary sewer improvements in the south end of Flour Bluff. He explained that the 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 k • MICROFILMED,. BSEP 0 31980 Minutes Regular Council Meeting February 23, 1977 Page 2 Isles Channel. Mr. Lontos opened and read bids for that project from the following firms: R. S. Black; Cactus Utility Company; Heldenfels Brothers; and Maverick Construction Company. Mr. Lontos then announced the bid opening for tennis 'courts, parking lot and utility improvements for Flour Bluff Park. He explained that the project includes the construction of three lighted tennis courts, necessary parking improvements to serve the tennis courts, and utility improvements to serve the park, and the Satellite Clinic now under construction. He stated the project is financed by funds provided in the 1972 Bond Election and a grant from the Bureau of Outdoor Recreation. 'Mr. Lontos opened and read the only bid received for the work from the following firm; APCCO. Mr. Lontos then proceeded with the opening of bids for the Flour Bluff swimming pool to be built in Parker Memorial Park adjacent to the Satellite Clinic now under construction. He explained that the project is jointly financed by the City and the Bureau of Outdoor Recreation. He added that the plans are for an eight -lane, 25 -meter pool; that the improvements will include a parking lot, bathhouse and related facilities. Mr. Lontos opened and read bids for the project from Beecroft & Williamson, Inc.; and Hunt Building Company. Next was the opening of bids for the expansion and remodeling of Oak Park Recreation Center. He stated that this 1972 bond project provides remodeling of the existing center by adding a kitchen, crafts room, restrooms and an exercise room to the existing floor area and adding a game room, indoor prefabricated 25 -meter swimming pool, and two additional arts and crafts rooms. He opened and read bids for that work from Beecroft & Williamson, Inc.; and Hunt Building Company. Mr. Lontos announced the last scheduled bid opening today, for bayfront area improvements including asphalt overlay of the parking lot adjacent to the observation tower in North Channel Park and a sidewalk from the parking lot to the tower, sidewalk improvements and a service drive for the Harbor Playhouse, drainage Minutes Regular Council Meeting February 23, 1977 Page 3 improvements at City Hall and repairing the sidewalk ramps at the two T -heads and L -head. Mr. Lontos opened and read the only bid received -- from R. S. Black. Mayor Luby thanked the companies for their bids, and informed them that all bids would be tabled for 48 hours as required by the Charter, for evaluation and recommendation by the Staff. Some discussion followed as to why so few bids were received on the projects. City Manager Townsend told the Council that the Staff would call some of the contractors who took out plans but did not submit a bid, to find out why they didn't. He speculated that the bad weather in past weeks has probably put most contractors behind schedule. Mayor Luby then announced the public hearing on closing the alley between Lot 7, Phillips 66 Addition and Lots 6, 7 and 8, Block 5, Roosevelt Place Addition located generally between Port Avenue, Baldwin Boulevard and Cleo and Francis Streets. City Manager Townsend explained that the Whataburger plans to tear down their present building and use that location for a parking lot, and construct a new building, the roof of which would encroach three feet into the alley. He stated that the Staff agrees with that as long as the roof support is from overhead and no columns are erected. Mr. Townsend also reviewed a second alternative, to require Whataburger to relocate the 2" water line in the alley with the City retaining the 17' for a utilities easement. Speaking in opposition to the closing was Mr. Manuel C. Garza, 2421 Francis, who asked that the alley be kept open because residents use it for garbage pickup; also that some of the residents use another portion of the alley as an entrance to their homes because they do not have driveways in front. He added that there is a lot of traffic in the vicinity and he thinks closing that portion would increase it. Mr. C. G. Caballero, 2427 Francis, also protested the alley closing because they use it for garbage pickup and it provides access to some of the nearby 1 homes. Minutes Regular Council Meeting February 23, 1977 Page 4 Mr. Sam Main, representing Whataburger, said they plan to let the alley remain open for traffic so that people living in the area can still use it for garbage pickup and can go through it. City Manager Townsend stated there would be no problem if the alley is left as it is and Whataburger be allowed a 3' encroachment on it. Mr. Ray Garza with Garza Banana Company on the corner stated that when they received the notice of the public hearing they thought the request was to close the whole alley; but he stated they are not opposed to the proposal as presented today. Mr. Caballero spoke again that, after hearing the presentation, the request was satisfactory to him. Mrs. Mary Lou Leija, 2405 Francis Street, objected to closing that portion of the alley, saying it would increase traffic tremendouslyland,would be dangerous for children in the area. She also complained that the delivery trucks use the alley and have caused potholes and damaged it. Mr. Benny Benavides asked for more study of the matter for the safety and well being of the children. Mr. Manuel Cantu, Jr., owner of the Cantu funeral home on Baldwin and Cleo, stated he would not object to the closing if it were fenced off. He commented that there is much traffic through the alley including some speeding cars. He spoke in favor of placing a barrier to prevent people from going from Cleo to Port Avenue after the parking lot is constructed. After discussion, City Manager Townsend recommended that the matter be tabled in order to allow the Staff to make a full presentation, stating that the points raised today were not addressed by the Staff representatives who should have answered those questions. Motion by Gulley that the hearing be closed; seconded by de Ases. Mrs. Leija spoke again about the amount of traffic through the alley; that people are using it as a shortcut. Mr. Manuel Garza spoke again and suggested that Whataburger be required to construct a 900 fence to prevent through traffic in the alley. City Manager Townsend replied that the Staff will consider that suggestion alone with the other possible alternatives. Minutes Regular Council Meeting February 23, 1977 Page 5 The Motion that the hearing be closed passed unanimously. Motion by de Ases that the matter be tabled; seconded by Gulley and passed unanimously. Mayor Luby then announced the public hearing on the assessment roll for street improvements to 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; and Houston Street, from Carroll Lane to Kostoryz. Executive Assistant City Attorney Michael May questioned Mr. Jerry Smith, Chief Engineer for Engineering and Physical Development, as to his qualifications; a formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "A" and incorporated herein by reference, the same as if written herein. Mr. Smith explained the project consisting of curb, gutter and pavement and sidewalks and driveways. He stated that the contract was awarded to the low bidder, APCCO. He reviewed that the project was generated as a result of voluntary paving petitions submitted by a majority of the property owners on the street prior to 1970. Mr, Smith also outlined the assessment rates for the project per square foot, and stated that the total contract price is $415,075.30; the preliminary assessments total $147,050.76; and the City's portion of the project would be $268,054.44. Attorney May called as his next witness real estate dealer and appraiser Mr. W. J. (Bill) Holly, Jr., and questioned Mr. Holly as to his qualifications. A formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "B" and incorporated herein by reference, the same as if written herein. Mr. Holly replied to Mr. May that he had examined each and every parcel of land in the project; and that he had found four irregular lots which he had recommended adji.stments for. He stated that, in his opinion, each piece of property on the assessment roll would be enhanced in value at least to the extent of the individual assessment. Mayor Luby then invited comments from the audience regarding the assessment roll. Mr. Gene Haroldson stated he owns property at the other end of Hakel Street Minutes Regular Council Meeting February 23, 1977 Page 5 which is not included in this paving project. He stated he recently had a storm sewer installed to his property, and that it was built according to City specifications; he asked if he would be given credit for that storm sewer whenever that portion of Hakel is improved and assessed. Assistant City Manager Walker responded that the pipe would probably have to come out; and that assessments are not based on the storm sewer, but for improvements to the street section. Mrs. Clarence Ringo, 3234 Houston Street, complained that they had a good street but City vehicles tore it up; that they backed in and out of her driveway and tore it up though she used to have a good driveway. She repeated that Houston was a good street with good drainage, stating "it is not right for them to come out and tear it up and then want to pave it." She stressed that many people on Houston Street are retired and living on pensions; that although they could pay out the assessment in payments, the interest would make it very expensive for them. She stated that everyone on the street is against the project. Chief Engineer Smith responded that the inconvenience and mess made in the area is partly due to the bad rainy weather; that utility lines were installed on Houston Street recently, and the weather in the last few months made that job worse. Mr. Smith looked in the files and found the original petition requesting that the street be paved -- dated 1964. He explained that a petition from 51% of the property owners is sufficient for the City to proceed with plans to improve the street. He added that part of the delay with the project has been in acquiring a dedicated right-of-way from the property owners on the street. Mayor Luby recessed the meeting at 3:40 p.m. The Meeting was resumed at 3:53 p.m. There was no further discussion from the audience regarding the assessment roll. Motion by Sample that the hearing be closed; seconded by Gulley and passed unanimously. Mayor Luby then recessed the Regular Meeting to go into a Special Council Meeting on four zoning cases. Minutes Regular Council Meeting February 23, 1977 Page 7 The Regular Council Meeting was resumed at 4:38 p.m. with the City Manager's Report. City Manager Townsend presented the following items, with related comments and discussion: a. Recommendation that a public hearing be held during the Regular Council Meeting at 2 p.m. on March 9, 1977 on the annexation of the Elliott Sanitary Landfill and Greenwood Drive from the present City limits to the south edge of the landfill. b. Recommendation that a public hearing be held at 2:00 p.m. on March 30, 1977 on a revision of a grant application to the Urban Mass Transportation Administration for capital assistance for 1976-77. The revisions will not affect the total grant application and involve deleting a replacement wrecker, adding an accounting and reporting system and purchase of an automatic coin -sorter counter. c. Recommendation that bid award for the employee's group insurance be made to CONNECTICUT GENERAL LIFE, Houston, on the basis of low bid of an estimated annual premium of $1,483,780. Bids were received from 4 firms. Connecticut General is the current carrier. Price comparison shows no increase in accidental death and dismembermemt premiums and a 20% increase in medical premiums. The 20% increase is the same as the premium increase approved on January 19, 1977. (Bid Tab #25-77) d. Recommendation that contracts be awarded to the following firms for the cutting of firebreaks on the basis of low bid as follows: BOZARTH SERVICE, Corpus Christi Lot I - 50' firebreak on the tract of land behind the houses on Golla Drive and the houses on Lots 14 - 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. R & M MOWING, Corpus Christi $894.00 , Lot II - 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- bound lane and exit road of I.H. 37 just west of the Motel 6. 325.00 Lot IV - 50' firebreak behind the Lexington Manor Apartments off Kostoryz south of Padre Island Drive and behind the houses in Blocks 2 and 11, Ventura Plaza, on Wharton and Bonham Streets,` 90.00 respectively. $1,309.00 • The property owners have been sent registered letters asking for compliance to no avail. The property owners 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. Lot III (a 20' firebreak for approximately 650' along the south side of Yorktown Boulevard just west of Flour Bluff Drive) has been withdrawn because the property owner is in the process of cutting the required break. (Bid Tab #26-77) e. Recommendation that the contract for sanitary sewers in Airline Subdivision be awarded to Cactus Utility Company for $24,598.52 for sewer laterals in Lyons and Birmingham Street and a portion of Airline Road. An appropriation of $30,000.00 is recommended, including engineering, inspection and related expenses. The project is in the Second Year of Community Development Program. Minutes Regular Council Meeting February 23, 1977 Page 8 f. Recommendation that a contract for $7,936 for floodlight improvements at Price Park Teenage Baseball Field be awarded to Line Constructors, Inc. The project includes replacement of 120 incandescent flood lights with 1500 watt quartz lights and replacement of one 90 ft. wood pole. The Park and Recreation Board so recommends. Recommendation that the contract for Corpus Christi Museum railroad station improvements be awarded to Hunt Building Company for $15,145. The project includes: g. 1. An 8' foot chain link fence to complete enclosure of the exhibit, 2. Elevated boardwalk around the railroad cars, 3. Ground level boardwalk around the care and between the cars and the railroad station, and 4. Painting of the station exterior. Sufficient funds remain for the project from a 1971 appropriation of $20,000 for improvements to the railroad exhibit which was donated to the City by the South Texas Railroad Society. The Museum Advisory Board so recommends. h. Recommendation that Change Order No. 3 to the Calallen School area and San Carlos Addition sanitary sewer improvements contract be approved extending sanitary sewer lines in Riverview Trail, Avenue A and Avenue C. The change order is for $23,253.18 and it is based on unit prices in the contract. The property owners on Riverview Trail, Avenue A and Avenue C have indicated by signing a petition that they are interested in the service. An appropriation of $25,000 is needed to cover cost of the change order and related expenses. This project was included in the 2nd year Community Development block grant. i. Recommendation that the proposal from Trinity Engineering Testing Corporation for soil test borings on the trunk line and lift station portion of the Oso Wastewater System project for $3,968 be accepted. The borings are required as a preliminary step for design of the proposed Saratoga Trunk Main from the Oso Plant to Wooldridge Drive. Recommendation that a utility easement for a water line to serve as a loop main for Perry Place and South Bay Subdivision be acquired from Mr. Ray Peterson for $500. The easement is between the end of Paul Jones ►+set and Holly Road. The line will be installed by city forces. k. Recommendation that authority be granted to submit a grant application to the Texas Office of Traffic Safety for $10,045.13 for 100% funding of a High Performance Driving Course at CabanissField, to be used to train police officers to drive under high performance conditions to reduce the incidence of vehicular accidents and on the job injuries. It is also recommended that authority be granted to accept the grant and execute all documents necessary to carry out the program. 1. Recommendation that an application be submitted to the Texas State Library to continue La Retama Public Library system membership and designation as a Major Resource Center under the Texas State Library Systems Act for September 1, 1977 to August 31, 1978. Under the program, any library in the 26 -county system area is able to obtain books from other member libraries in the state or nation. Membership makes La Retama eligible to apply for grants from the State Library. j• Minutes Regular Council Meeting February 23, 1977 Page 9 m. Recommendation that the City Manager be authorized to renew or replace expiring insurance coverage upon the recommendation of the Director of Finance and the Insurance Advisory Committee. Firm premium quotations are not available this far in advance of the present policy expiration date of March 31, 1977 which is during the City Council moratorium. The policies involved are the following: Airport - Owners, Landlords, Tenants Liability Airport - Excess Liability Auto Liability Fire and Extended Coverage on Inventories General Liability - All Operations Gas Operations - Excess Liability Transit System - Excess Liability Public Officials' Bond Valuable Papers - Libraries These policies will be cancelled as of July 31, 1977 and new policies written for August 1, 1977 through July 31, 1978 to better coordinate policy expira- tion dates with the City's fiscal year. n. Rdcommendation that the City honor the request of the City of Kingsville and the Governor's Committee on Aging and submit a grant modification to the Governor's Committee on Aging to expand the City's Elderly Nutrition Program to Kleberg County to serve approximately 50 meals per day. The Governor's Committee on Aging will provide $26,319 and the City of Kingsville will match that amount with $2,924 local funds. The grant will expire November 30, 1977. It is further recommended that authority be granted to accept the grant if approved and to carry out the program directly or through subcontractors as determined by the City of Kingsville. o. Recommendation that a contract be approved with Nueces County for continuation of the elderly program outside the City. The $56,000 budget provides for continuation of services to the elderly such as transportation, out -reach, referral and follow-up, information, and recreation, from March 1, 1977 through February 28, 1978. No City funds are involved. The program includes operation of a senior citizens center in Robstown. The County pays for the salaries of 3 outreach workers, a bus operator, custodian and related office and maintenance expenses. P• Recommendation that the letter of agreement with Texas A&M University be amended for an additional $3,000 for further work for Corpus Christi Beach development studies, authorized by the City Council in June, 1976. The first phase has been completed and involves circulation patterns, park improvements at the north end of the beach, area geology, proposed beach facilities and other development standards ($3,400). The second phase will involve more detail studies regarding 1. Beach facilities 2. Park design 3. Street circulation 4. Detailed land use for the southern portion of the beach 5. Marina design on Rincon Point The cost is included in the second year Community Development grant for neighborhood planning. Minutes Regular Council Meeting February 23, 1977 Page 10 q• Recommendation that the following actions be taken regarding CETA programs: (a) a letter be submitted to the Department of Labor indicating the City's desire to continue its participation in the Coastal Bend Consortium. (b) the Multijurisdictional Agreement for Fiscal Year 1978 (beginning October 1, 1977) be approved with the same provisions as the existing contract. (c) authority be granted to execute all CETA contracts and related documents which have been approved by the Consortium Executive Committee. r. Recommendation that a water supply contract with the Violet Water Supply Corporation be renewed for 5 years. The Corporation has applied to the Farmers Home Administration for financial assistance to extend its distribution system to the Petronilla area; thereby Increasing customers from 160 to 360. The City will make available up to 4 million gallons of water per month at published outside city rates. Monthly water consumption for the past year has varied from a low of 657,000 to a high of 1,254,000 gallons. Written approval by the City will be required before the Corporation resells water to commercial or industrial users not in operation on January 1, 1977 or to customers in platted subdivieons. s. Recommendation that the preliminary report on improvements to the Boys Club be accepted and the consultant be authorized to proceed with preparation of plans and specifications. The consultant recommends replacement of the gymnasium floor, construction of an additional ventilation 'system, installa- tion of new lighting fixtures for the gymnasium, addition of 10 ton of air- conditioning in the auditorium to reduce moisture condensation, and replace- ment of the auditorium ceiling. Mayor Luby invited questions from the audience pertaining to the City Manager's Report; no one appeared. Motion by Sample that the City Manager's Report (items "a" through "s") be approved; seconded by Gill and passed unanimously. City Manager Townsend then asked consideration of the pending zoning case of Mr. Richard T. Irby, "AB" to "B-1", located on the east side of South Alameda Street approximately 375 feet north of Hoffman Street. He reviewed that the City Council heard the request on February 2, 1977; at which time the "B -l" was denied and in lieu thereof a special permit was approved subject to a site plan indicating that the first floor of the structure will be restricted to a custom drapery and furniture upholstery shop and the second floor will contain a one - family residence. He stated that the special permit was granted for the term of the lease, which will expire on the 30th day of November, 1980, or when the Minutes Regular Council Meeting February 23, 1977 Page 11 property or business is sold -- whichever comes first. He stated that the site plan has been received, and passed it around to the Council for their review and approval. Mr. Townsend then announced consideration of the pending zoning for E. L. Caldwell & Sons, Inc., "R -1B" to "I-3", located on the north side of Agnes Street approximately 124 feet east of Eastgate Drive. He reviewed that the City Council heard the application on February 2, 1977 and approved the Planning Commission's recommendation for a special permit for storage and assembly of finished products and related employee parking, with eight conditions, and added a ninth condition that the applicant eliminate any brush on the property. He stated the 20% rule is in effect on this case. Mr. Townsend explained that the applicant has asked that they be allowed to park the equipment they are manufacturing on the site until such time as they have solved the drainage problem on the land; and he stated a solution to the drainage problem must be worked out with the adjacent property owners. He went on to explain their proposal for the site plan to be developed in three phases, but emphasized that the special permit would expire after one year. Councilmember Gulley argued that the applicant's storage of equipment on the property would not alter or affect the drainage situation now, so he does not see why the special permit should begin until they are ready to start construction or change the land in some way -- which he stressed Phase 1 would not do. Attorney John Brooke, speaking for the applicant, stated that there is no feasible solution to the drainage now; that the entire area has a problem and an overall plan will have to be worked out; but that Mr. Caldwell needs some relief now for storage of the machines that are being built. He stressed that they cannot make a commitment to complete the project until the drainage is solved. Mr. Gene Urban, of Urban Engineering, spoke relative to the drainage problem, saying they have studied it for two months but have not found a solution. Minutes Regular Council Meeting February 23, 1977 Page 12 Mr. Caldwell addressed the Council that until his business expands, there is no need for them to pave the property as planned and construct buildings on it until they know they are going to need them. He stressed that they have no solution to the drainage problem, and think it would depend completely on cooperation from the City Staff as to the timetable for the completion of the project. Motion by Gulley to approve the three phases of the site plan as submitted; seconded by Lozano. Under following discussion, Councilmember Gulley repeated again that the applicant only wishes to store his equipment; that when the time comes when they are going to change the drainage, they will have to work out a solution to it before they can build. Attorney Brooke asserted that the drainage problem is from the residential subdivision onto their property, and not the reverse. He maintained that years ago the surrounding property was undeveloped and it used to drain in a natural flow off of their land; that when the mobile home park put a lot of fill in the area and when someone dumped some battery casings in the area for fill several years ago, that changed the drainage and has resulted in a pond on the back of their property. City Manager Townsend responded that if Hatch Mobile Home Park did raise the land 18" and increase the drainage and if battery casings were dumped illegally, the City could get involved in litigation to correct the problem. But he explained that with phase 1 of the project there is no commitment for phase 2 to happen, and no commitment to relieve the drainage problem. He added that the Engineering Staff is studying the area now. There being no further discussion, the Motion to approve the three phases of the site plan as submitted passed unanimously. Motion by de Ases that the site plan for the Richard T. Irby zoning case be approved as submitted; seconded by Gulley and passed unanimously. Minutes Regular Council Meeting February 23, 1977 Page 13 City Manager Townsend next presented the ordinances; there was no discussion from the audience. All ordinances passed, as follows: SECOND READING: ADOPTING SUPPLEMENT NO. 1 TO THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ADOPTING AND READOPTING ORDINANCE NO. 13121; INSTRUCTING THE CITY SECRETARY TO PROPERLY FILE THIS SUPPLEMENT; AND PROVIDING FOR PUBLICATION. 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, Lozano and Sample voting Aye. THIRD READING - ORDINANCE NO. 13626; AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-250, SCHEDULE I - "ONE WAY STREETS AND ALLEYS" BY ADDING AN ITEM THERETO SO AS TO MAKE KOEPKE STREET, FROM KENNEDY AVENUE TO PEABODY AVENUE, ONE WAY BETWEEN THE HOURS OF 8:30 A.M. TO 9:30 A.M. AND 3:30 P.M. to 4:30 P.M. DURING SCHOOL DAYS ONLY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION, The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING - ORDINANCE NO. 13627: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION PROVIDING FOR CITY ACCEPTANCE AND OPERATION OF A 500,000 GALLON PER DAY WASTEWATER TREATMENT PLANT, TRANSMISSION SYSTEM, AND COLLECTION SYSTEM; PROVIDING FOR THE DISTRIBUTION OF OPERATING COSTS; AND PROVIDING FOR THE MEANS OF FINANCING FUTURE PLANT EXPANSIONS, ALL AS MORE FULLY SET OUT IN THE CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING - ORDINANCE NO. 13628: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PADRE ISLAND INVESTMENT CORPORATION CONSOLIDATING DEFERRED SUBDIVISION CONSTRUCTION OBLIGATIONS AND REVISING CONSTRUCTION TIMETABLES, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING - ORDINANCE NO. 13629: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION DEFERRING THE CONSTRUCTION OF A PORTION OF A 10 -INCH FORCE MAIN UNTIL SUCH TIME AS THE QUANTITY OF FLOW INTO THE SYSTEM REQUIRES THE FURTHER EXTENSION OF THE FORCE MAIN, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Guliey,'Lozano and Sample voting Aye. Minutes Regular Council Meeting February 23, 1977 Page 14 THIRD READING - ORDINANCE NO. 13630: APPROPRIATING THE SUM OF $20,502 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CONNECTION WITH THE SALE OF $2,840,000 GENERAL IMPROVEMENT BONDS, SERIES 1977, SOLD ON FEBRUARY 9, 1977. The foregoing ordinance was read for the third time and passed finaily by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby voting Nay. THIRD READING - ORDINANCE NO. 13631: 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING - ORDINANCE NO. 13632: 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 INTERNA- TIONAL 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13633: • AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CACTUS UTILITY COMPANY FOR THE CONSTRUCTION OF THE AIRLINE GARDENS SUBDIVISION SANITARY SEWER IMPROVEMENTS; APPROPRIATING $30,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS, OF WHICH AMOUNT $24,598.52 IS FOR THE CONSTRUCTION CONTRACT AND $5,401.48 IS FOR ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13634: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 3 TO THE CONTRACT WITH GLASER. CONSTRUCTION COMPANY FOR IMPROVEMENTS TO THE CALALLEN SCHOOL AREA & SAN CARLOS ADDITION SANITARY SEWER IMPROVEMENTS, SAID CHANGE ORDER TO INCREASE THE SCOPE OF THE ORIGINAL CONTRACT TO INCLUDE EXTENSION OF SANITARY SEWER LINES IN RIVERVIEW TRAIL, AVENUE A AND AVENUE C, ALL AS MORE PARTICULARLY SET FORTH IN SAID CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $25,000 OUT OF THE NO. 162 FEDERAL/STATE GRANT FUND, ACTIVITY 4734, CODE 502, OF WHICH $23,253.18 IS FOR THE CHANGE ORDER AND $1,746.82 IS FOR INCIDENTAL AND RELATED EXPENSES; 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, Lozano and Sample voting Aye. Minutes Regular Council Meeting February 23, 1977 Page 15 ORDINANCE NO. 13635: APPROPRIATING $3,968 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR SOIL TEST BORINGS BY TRINITY ENGINEERING TESTING CORPORATION FOR DESIGN OF A PORTION OF THE SARATOGA TRUNK MAIN FROM THE OSO WASTEWATER TREATMENT PLANT SOUTHWARD TOWARD SARATOGA BOULEVARD, APPLICABLE TO PROJECT X1250-72-2, SARATOGA MAIN; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13636: AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE TEXAS OFFICE OF TRAFFIC SAFETY FOR $10,045.13 FOR 100% FUNDING FOR INSTALLATION OF A HIGH PERFORMANCE DRIVING COURSE FOR THE TRAINING OF POLICE OFFICERS, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, AND AUTHORIZING EXECUTION OF THE GRANT AND OTHER DOCUMENTS NECESSARY TO CARRY OUT THE PROGRAM IF THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Asea, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13637: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT MODIFICATION TO THE GOVERNOR'S COMMITTEE ON AGING TO EXPAND THE ELDERLY NUTRITION PROGRAM BY APPROXIMATELY 50 MEALS TO BE SERVED IN KINGSVILLE, KLEBERG COUNTY; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS RELATED TO SAID GRANT MODIFICATION; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND RELATED DOCUMENTS WITH THE CITY OF KINGSVILLE, OR THEIR DESIGNATED SUB -CONTRACTORS, TO CARRY OUT THIS PROGRAM; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13638: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NUECES COUNTY FOR THE CONTINUATION OF THE PROGRAM FOR THE ELDERLY OUTSIDE THE CITY LIMITS OF CORPUS CHRISTI, THE CONTRACT TO PROVIDE FOR COUNTY FUNDS IN THE AMOUNT OF $56,000 TO BE USED IN CONTINUATION OF ACTIVITIES SUCH AS TRANSPORTATION, OUTREACH, REFERRAL AND FOLLOW-UP, INFORMATION, RECREATION, AND SOCIAL SUPPORTIVE SERVICES FOR A PERIOD OF ONE YEAR BEGINNING MARCH 1, 1977 AND ENDING FEBRUARY 28, 1978, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS REQUIRED IN THE ADMINISTRATION AND IMPLEMENTATION OF THE AFORESAID PROGRAM; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13639: AUTHORIZING SUBMISSION OF AN APPLICATION TO THE TEXAS STATE LIBRARY TO CONTINUE LARETAMA PUBLIC LIBRARY SYSTEM MEMBERSHIP AND DESIGNATION AS A MAJOR RESOURCE CENTER UNDER THE TEXAS STATE LIBRARY SYSTEMS ACT FOR THE STATE FISCAL YEAR 1978 (SEPTEMBER 1, 1977 - AUGUST 31, 1978), AND AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE SYSTEM MEMBERSHIP IF THE APPLICATION IS APPROVED; 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, Lozano and Sample voting Aye. Minutes Regular Council Meeting February 23, 1977 Page 16 ORDINANCE NO. 13640: AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE DEPARTMENT OF LABOR A LETTER OF INTENT EXPRESSING THE CITY'S DESIRE TO CONTINUE ITS PARTICIPATION IN THE COASTAL BEND MANPOWER CONSORTIUM AND TO ACT AS THE ADMINISTRATIVE UNIT, AND TRANSMITTING PREAPPLICATION INFORMATION, ALL IN ACCORDANCE WITH RULES AND REGULATIONS OF COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13641: AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, ALL CETA AGREEMENTS AND OTHER RELATED DOCUMENTS THAT HAVE RECEIVED APPROVAL FROM THE MANPOWER EXECUTIVE COMMITTEE; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13642: AUTHORIZING THE CITY MANAGER TO EXECUTE THE COASTAL BEND MANPOWER CONSORTIUM MULTIJURISDICTIONAL AGREEMENT FOR FISCAL YEAR 1978, PROVIDING FOR THE CITY'S CONTINUED MEMBERSHIP IN THE CONSORTIUM AND AS THE ADMINISTRATIVE UNIT; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13643: AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR WATER CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND VIOLET WATER SUPPLY CORPORATION, AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS 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, Lozano and Sample voting Aye. ORDINANCE NO. 13644: AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT A PROPOSAL OF GROUP INSURANCE FOR EMPLOYEES OF THE CITY OF CORPUS CHRISTI PRESENTED BY CONNECTICUT GENERAL LIFE INSURANCE COMPANY AND TO DO THE NECESSARY THINGS REQUISITE TO PROCURING SUCH GROUP INSURANCE FOR THE EMPLOYEES OF THE CITY; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13645: CLOSING MEDINAH DRIVE, LOCATED BETWEEN LOT 19, BLOCK 3, AND LOT 1, BLOCK 5, COUNTRY CLUB ESTATES, PERPENDICULAR TO OLYMPIA DRIVE NORTHWARD TO THE CITY OF CORPUS CHRISTI 75 -FOOT DRAINAGE EASEMENT BETWEEN EVERHART ROAD AND SOUTH STAPLES STREET, SAVE AND EXCEPT THAT SUCH AREA BE RETAINED BY THE CITY FOR A DRAINAGE AND A UTILITY EASEMENT, SAID STREET CLOSING TO BE EFFECTIVE UPON COMPLETION OF REQUIREMENTS INDICATED ON THE ATTACHED EXHIBIT "A"; 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, Lozano and Sample voting Aye. Minutes Regular Council Meeting February 23, 1977 Page 17 ORDINANCE NO. 13646: 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, BY AMENDING ARTICLE 3. DEFINITIONS, SECTION 3-1, BY ADDING A NEW SUBSECTION TO BE DESIGNATED AS 3-1.54.1 SHOPPING CENTER; AMENDING ARTICLE 22. PARKING REGULATIONS, SECTION 22-2 INTERPRETATION OF THE CHART, BY AMENDING SUBSECTION 22-2.08 SO AS TO ESTABLISH OFF-STREET PARKING REQUIREMENTS FOR SHOPPING CENTERS AS ONE SPACE FOR EACH 220 SQUARE FEET OF GROSS FLOOR AREA OF THE SHOPPING CENTER; 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, Lozano and Sample voting Aye. ORDINANCE NO. 13647: 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 RICHARD T. IRBY, BY GRANTING A SPECIAL PERMIT FOR A CUSTOM DRAPERY AND FURNITURE UPHOLSTERY BUSINESS WITH ONE -FAMILY RESIDENCE ON THE SECOND FLOOR, ACCORDING TO THE SITE PLAN APPROVED BY THE CITY COUNCIL, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 51 AND 52, BLOCK 810, PORT ARANSAS CLIFFS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Lozano and Sample voting Aye. RESOLUTION NO. 13648: RESOLUTION THAT THE CITY COUNCIL CALLS ATTENTION TO CITIZENS OF THE COMMUNITY OF MRS. ADA WILSON'S MANY ACCOMPLISHMENTS AND JOINS HER FAMILY IN MOURNING THE LOSS OF THIS VALUABLE CITIZEN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. RESOLUTION NO. 13649: RESOLUTION EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI FOR DEPARTMENT OF THE ARMY GALVESTON DISTRICT CORPS OF ENGINEERS PROJECT STYLED MAINTENANCE DREDGING, CORPUS CHRISTI SHIP CHANNEL; INSTRUCTING THE CITY SECRETARY TO SEND TRUE COPIES OF THIS RESOLUTION TO THE APPROPRIATE GOVERNMENTAL OFFICIALS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. Minutes Regular Council Meeting February 23, 1977 Page 18 ORDINANCE NO. 13650: 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 E. L. CALDWELL & SONS, BY GRANTING A SPECIAL PERMIT ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Lozano and Sample voting Aye. Mayor Luby then opened the floor for petitions from the audience. Mr. G. H. Arena, 5013 Williams Drive, asked why he hadn't heard from City Manager Townsend as promised after his appearance before the Council last week. He continued and complained that he was mailed a total of eight tickets for his dogs for a total of $60; he stressed that he did not mind paying them because his dogs were loose and unlicensed, but he asked again why the employees issuing them had told him if he would sign the tickets that day he would only get five. He added that he understood when he refused to sign the tickets that they would send him seven„ but that he received eight. He also asked what the $60 he pays would be used for. Mr. Arena again commented that the girls are paid to drive their own cars when they could be walking from door to door. City Manager Townsend answered that the question of whether the humane officers ride in a car from place to place or walk down the street is up to their supervisor. He stated they are not dogcatchers; that their job is to note dogs that are not licensed and are not properly penned and issue citations for that. He explained that the report on the matter is not ready yet, which is why he hadn't responded to Mr. Arena after last week; and that they will advise him as soon as they have a report back from the Department. Mr. Townsend added that fines paid are added to the general fund. Minutes Regular Council Meeting February 23, 1977 Page 19 Mr. Bill Sweetland next addressed the Council and asked what was decided at this morning's Workshop Meeting relative to closing the bluff tunnel. City Manager Townsend answered that they decided it would be temporarily closed. Mr. Sweetland continued that he has put together everything he needs to establish a public aquarium in the tunnel except for acquiring the space needed in the 600 Building for access to it. He asked if his lease for the tunnel is still intact so he can still pursue his plans for another 30 days or so. Councilmember de Ases responded that he does not believe the action taken this morning to temporarily close the tunnel would preclude him from pursuing his plans. City Manager Townsend agreed that there would be no problem; that he could still have access to the tunnel. There were no more comments from the audience. City Manager Townsend suggested to the Council that they might wish to discontinue Workshop Meetings after next week because there would only be a few items on the agenda, due to the moratorium. The Council agreed. Mayor Luby recessed the meeting at 5:44 p.m. to hold the meeting of the Board of Directors of the Corpus Christi Housing Improvement Corporation. The Regular Meeting was resumed at 5:48 p.m. Mayor Luby asked the Staff to see if Community Development monies would be available for a family on Blundale and Viola whose house badly needs repairs. City Manager Townsend responded that Viola is not in the areas that qualify, but the Staff would check into it and try to assist him. City Attorney Aycock cited that under authority of Article 6252-17, Section 2, the Council would hold a closed meeting to discuss pending litigation. (5:50 p.m.) The Regular Council Meeting was resumed at 6:18 p.m. and adjourned.