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HomeMy WebLinkAboutMinutes City Council - 08/30/1978MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING' AUGUST 30, 1978 2:00 P.M. PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: *David Diaz City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Joe Holt City Secretary Bill G. Read Tony Juarez, Jr. Edward L. Sample Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend Hudson Biggio, Associate Minister for the First Christian Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano then recognized Colonel Floyd H. Buch, who introduced Mr. Kikuo Yoshida, Consul General of Japan in Houston, Texas; Captain Tomio Uchi, Chief of Staff, Captain Tetsuo Hashimoto, Commanding Officer, and other officers of the Japanese training ship "Katori"; Mr. Harry Plomarity, Chairman of the Sister City Committee, and Mr. Jimmy Goldston. Colonel Buch stated that the gentlemen were in the United States on a training mission from Yokosuka, Japan, and were brought to Corpus Christi from Houston to greet the citizens of this City as representatives from our Sister City of Yokosuka. Captain Uchi addressed the Council and delivered a message to Mayor Lozano from the Mayor of Yokosuka. He expressed appreciation to Mayor Lozano for the welcome they had received from the people of Corpus Christi. Mayor Lozano responded by stating that the Council was honored by their visit and expressed appreciation for the gift which had been presented to him. Mayor Lozano announced that a proclamation had been issued declaring September 3 and 4, 1978 as "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND." 00.00 SE4 0 "" Minutes Regular Council Meeting August 30, 1978 Page 2 Motion by Juarez that the minutes of the Regular and Special Council Meet- ings of August 9, 1978 be approved as presented; seconded by Sample; and passed unanimously. Mayor Lozano called for appointments to Boards and Committees. City Manager R. Marvin Townsend noted that because of the resignation of Mrs. Pat Ring, Director of Human Relations, there was a need to appoint an alter- nate for Council Member Sample on the Nueces County Community Action Agency Board and suggested that Mr. Rudy Gonzalez, Administrative Assistant, be appointed to serve on a temporary basis. Motion by Sample that Mr. Rudy Gonzalez be appointed as his alternate on the Community Action Agency Board, seconded by Juarez, and passed unanimously. Council Member Holt nominated Mr. Norman Maryan as his representative on the Ad Hoc Committee for the Multi -Cultural Center. Mayor Pro Tem Gulley nominated Mrs. S. D. Kosewick as his representative on the same committee. * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: a. A public hearing be held at 3:30 p.m. during the Regular Council Meeting on September 27, 1978 on the following zoning applications: (1) Loyal Order of Moose Lodge No. 734: "R -1B" to "B-4", located on the south side of South Padre Island Drive approximately 300 feet west of Paul Jones Avenue. (2) Southwestern Refining Company, Inc.: "R-2" to "B-1", located on the north side of Ebony Street, extending on both sides of Baymoor Boulevard. (3) Mr. Al Jamon: Exception to Screening Fence Requirement, located on the northwest corner of Waldron and Glenoak Roads. (4) Seaview Medical Enterprises, Inc.: "R -1B" & Special Permit to "AB", located on the southeast side of 4600 Block of Weber Road, between Barnes and Bradford. b. A public hearing be held at 3:30 p.m. during Regular Council Meeting on October 4, 1978 on the following zoning applications: (1) Mr. Winston E. Cooper: "A-1" to "B-4", located on the northwest corner of Waldron Road and Castle Park Drive. (2) City of Corpus Christi: "B-1", "A-1" & "R-2" to "R -1B", located between Castle Park Drive and Purdue Road on both sides of Lombardy Drive. (3) Automated Services, Inc.: "A-1" and "A-2" to "R -1B", located between Williams and Hardwick Drives, approximately 200 feet east of Daly Drive. h_ _es Regular Council Meeting August 30, 1978 Page 3 c. Bids be received at 11:00 A.M., Tuesday, September 19, 1978 for eight replacement 27,500 GVW Cab & Chassis, CA 138" and 20 cubic yard rear load packer bodies for the Sanitation Division for garbage collection. d. A change order for $13,020 be approved to the Horne Road Sanitary Sewer improvement contract for the following: (1) Overlay a portion of Horne Road from Ayers Street to approximately 400 feet east with hot mix asphalt including the Horne -Ayers intersection. (2) Reimburse the contractor for relaying a 12" sanitary sewer line near the intersection of Horne Raod and Greengrove. The line was so close to the primary excavation that it had to be moved. No appropriation is necessary. This project is funded by a grant from the Economic Development Administration. e. Trinity Engineering Testing Corporation be engaged for. $1,888 to perform field investigations and laboratory testing services for the design of the McArdle Road Main Lining, Nile Drive to Carroll Lane. This is a 1977 Bond Election project. f. The utility easements between Lots 28 and 29 and Lots 29 and 30, Block 1, Koolside Addition, located near the northwest corner of McArdle Road and Airline be abandoned. The area is being replatted and the property owners have agreed to construct an 8" water line in Dorothy Street to replace the existing water line in the easement. All affected departments concur. Productivity program for maintenance service mechanics be revised to change the base of 100% production period (4 weeks) from 160 hours to 144 to recognize delays due to part deliveries, other delays beyond the control of the mechanic and break periods and to continue the program beyond August 1, 1978. Last year, the productivity incentive program was established to pay mechanics an additional 5% of their monthly pay if their production is 10% over standard and 10% of their monthly pay if production is 25% over standard. Chilton's Flat Rate Manual is used to establish standard production. h. $715 be appropriated for appraisal services by Mr. John A. Erickson for a utility easement and a lift station site and construction easement for contract #3 for the Oso trunk main project from the Wooldridge Road lift station to the Everhart Road lift station. Use of an independent real estate appraiser is required by Federal acquisition procedures. The properties are located at the northeast corner of Everhart and Saratoga Boulevard and near the southeast corner of S. Staples and Saratoga Boulevard. The property to be acquired is vacant. i. A five year contract be awarded to Mr. GABE HERNANDEZ, 614 Lansdown, Corpus Christi for the Peoples Street "T" Head Food and Drink Concession for 28% of gross salas. Estimated annual income is $3,800. Four bids were received. The previous contract was for 27% of gross sales. Mr. Hernandez has 20 years of concession experience and currently operates the Cuddihy Raceway concession. g• Minutes Regular Council Meeting August 30, 1978 Page 4 3• A contract be approved with the Texas Department of Highways and Public Transportation accepting a grant of $86,098 to continue the City's management of the Metropolitan Planning Organization. The grant represents funding of Planning and Traffic Engineering staff for 9.4 months beginning September 1, 1978. The Department of Highways and Public Transportation has indicated that additional funding will be available for the remainder of the year. The staff includes a Senior City Planner, Planning Technician, half the time of a Senior Clerk -Typist, 3 interns for 6 months, half the tine of an Engineer II and one Engineer -Aide. Scheduled transportation planning activities include analysis of congested corridors intersecting Padre Island Drive, evaluation of existing transit routes and reevaluation of circulation systems in residential neighborhoods. k. The City enter into a collective bargaining contract with the Corpus Christi Police Officers Association for fiscal year 1978-79. The proposed contract was ratified by the association on Monday, August 28, 1978 by a vote of 130 to 85. Amendments to the previous contract are as follows: (1) (2) 7% average cost -of -living increase. A 6% increase for the first 6 months of the fiscal year and a 2% additional increase over current salary levels effective February 1, 1979. Group life and health insurance: (a) The City will pay the employee portion of the 15%. increase in monthly premiums. (b) Allow employees who retire and who are not eligible for medicare to participate in the group health insurance program at the employee's own cost until he or she is either eligible for medicare or reaches age 65. (3) Clothing allowance: (a) The City will pay for 100% of the replacement cost for worn uniforms. (b) Clothing allowance for officers required to wear civilian clothes increases from $225 per year to $300 per year. (c) A clothing maintenance fee of $15 per month to each officer as reimbursement for uniform cleaning and maintenance fees. (4) Provision for a pool of 9 work days to be available during the term of the contract for time off with pay for association delegates to attend state or national conventions held in connection with association activities not to exceed 9 regular working days regard- less of the number of delegates elected to attend such function. (5) Clarification of conditions under which disability retirement may be granted. (6) Improvement of entrance examination procedures. (7) Clarification of posting requirements for promotional examination study material. (8) Improvement in arbitration rules of procedure. (9) Placement of the captain classification within the regular City salary schedule in order to recognize merit and outstanding performance when applicable. J Minutes Regular Council Meeting August 30, 1978 Page 5 1. An application be submitted to the Federal AviatLon Administration for $1,794,551 of which 10% would be local funds. This 90/10 project will include the following improvements at the International Airport. (a) Construction of a second parallel access road with lighting and landscaping. (b) Strengthen existing entrance road and terminal loop road. (c) Provide five new security gates and other security improvements. (d) Strengthen existing commercial ramp. (e) Extend two general aviation ramps. (f) Construct a fuel storage area turnaround. The application must be submitted to FAA by August 31, 1978 to be eligible for 90/10 grant aid. Grant aid submission after this date will be based on 80/20 participation. The local share was provided in the 1977 bond election. Council Member Diaz inquired if the submission of this application will delay the construction of the new entrance road to the Airport. City Manager Townsend assured him that the plans for the improvements are being prepared at this time and this item is to obtain Council approval to submit an application for funds from the Federal Aviation Administration. m. Alternative wording be approved for the contract with the Texas Parks and Wildlife Commission to assure that water service will be provided to Mustang Island State Park in the manner and under the same conditions as water service to other outside City water customers. Mayor Lozano called for comments from the Council on the City Manager's Reports. Council Member Holt referred to Item "1" and inquired as to whether or not it has been determined that the City should pay for the fifth security gate and the second general aviation ramp, both of which pertain to Gault Aviation. City Manager Townsend explained that this item is just to obtain funding for the improvements, and it will be determined later who will pay for the secu- rity gates. He stated that a recommendation in regard to the security gates will be presented to the Council at the time the contract for construction is to be awarded. Mr. Townsend further stated that FAA is not concerned with the fifth security gate, as long as there is no opening to the Airport at that location. Minutes Regular Council Meeting August 30, 1978 Page 6 There were no further comments from the Council or the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "m," be approved; seconded by Sample; and passed unanimously. City Manager Townsend informed the Council that the following emergency discussion item had been added to the agenda: Discussion of the City paying not more than $5,000 for the recon- struction of the curb and gutter, sidewalks and driveways around the downtown block bounded by Lawrence Street, Mesquite Street, Schatzell Street and Lower Broadway in conjunction with the con- struction of drive-in banking facilities at this location. Mr. Townsend explained that this item does not require any official Council action, but he would like to have their concurrence on this matter to assure that the City's Tax Division will have 94 parking spaces at the intersec- tion of Mesquite and Schatzell Streets, and it is recommended that the City participate in the improvements in this area in an amount not to exceed $5,000. City Manager Townsend stated that there will be no actual obligation on the part of the City until a contract is actually awarded by the bank, and if Council approves, this will be included in the overall project. Council Members indi- cated their concurrence with this participation in the project. * * * * * * * * Mayor Lozano requested that the ordinances be considered at this time. City Manager Townsend briefly explained the ordinances. Mayor Lozano invited comments or questions from the Council on the ordinances. Council Member Gill referred to the ordinance concerning the extension of the contract with the Metropolitan Planning Organization and expressed the opinion that the Council should be provided with copies of the plan some time before they are asked to approve it. She suggested that the next time the Council is asked to approve an amendment to this agreement, that they be provided with copies of the plan and given a full staff explanation of it prior to approval. City Manager Townsend stated that the transportation plan is updated annually. He explained that the plan includes all master transportation planning r~ _ces Regular Council Meeting August 30, 1978 Page 7 including the Airport, and the street plan is usually approved through the recom- mendations presented to the Council at various times during the year. Mr. Townsend agreed with Mrs. Gill that further consideration could be given to the growth areas as far as street development is concerned and that this could be discussed at length with the Council within the next few months. Council Member Holt referred to the third reading of the ordinance adopt- ing City Transit fare increases and inquired if the staff is making any effort to determine just which citizens are qualified for the van service designed for the elderly and the handicapped. City Manager Townsend stated that the ordinances before the Council today do not involve the van service. He explained that the staff is preparing guide- lines for the operation of the van service which will be presented to the Council for approval as soon as the report is ready. Mayor Pro Tem Gulley referred to the ordinance prohibiting smoking in the Council Chambers and read an excerpt from the "Federal Employees News Guide" in which the Surgeon General was quoted as recommending against a ban on smoking by Federal employees. Mayor Lozano called for comments from the audience on the ordinances. Mr. Chesley L. Redus, 4734 Archer Street, addressed the Council and stated that he retired in Corpus Christi in 1966. He stated that he had attended several City Council meetings and determined that,apparently, the Council was unaware that there is a tax revolt in the City. Mr. Redus alleged that the Council did not seem to be familiar with the budget and how costs could be decreased, but instead, had approved increases of fees for various services. He informed the Council that the valuation on his property had been greatly increased and that it was very diffi- cult for senior citizens and people on fixed incomes to pay such high taxes. Mr. Redus stated that Mayor Pro Tem Gulley was the only Council Member who was concerned with reducing taxes. He also pointed out that the citizens of Corpus Christi had no idea how their tax money was spent and he felt that this information should be made available to the general public. Council Member Gill suggested that a financial statement be made available for Mr. Redus. Minutes Regular Council Meeting August 30, 1978 Page 8 City Manager Townsend informed Mr. Redus that a member of the staff will be glad to review the method of the budget preparation and provide an explanation for him. Mr. Redus continued by stating that according to reports in the newspaper, the Council had recommended that the budget be limited, but instead, the staff had recommended that various fees be increased rather than actually eliminating unnec- essary items from the budget. He also suggested that a financial statement be published in the newspaper so that the citizens of Corpus Christi will be aware of how their tax dollars are spent. Mayor Pro Tem Gulley agreed that this should be done, but the Council has no authority to instruct a newspaper to print any particular item. Speaking on the ordinance prohibiting smoking in the Council Chambers was Mr. Philip Rosenstein, 949 Bobalo Street, who presented the Council with copies of a report from the Texas State Department of Health, from which he read excerpts in regard to the hazards of smoking. No one else spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AUPHOFIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MR. GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC CHURCH, ON NOVEMBER 5, 1978, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 4200 BLOCK OF WEST THERESA AND THE 4200 BLOCK OF EAST THERESA, FROM BLOOMINGTON TO LOLITA STREET, TO VEHICULAR TRAFFIC FROM 9:00 A.M. TO 9:00 P.M., ON SUNDAY, NOVEMBER 5, 1978, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". t� utes Regular Council Meeting August 30, 1978 Page 9 THIRD READING - ORDINANCE NO. 14475: FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTAN- TIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE COMPARABLE WITH TARIFFS ESTABLISHED BY TRE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS AMENDED BY ORDINANCE NOS. 10853, 11794, 12366, 13182, AND 13729, TO BE COMPARABLE WITH SAID TEXAS RAILROAD COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14476: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 55-5, CITY TRANSIT SYSTEM -- FARES, BY AMENDING PARAGRAPH (A), SUBPARAGRAPHS (1), (2), (3), (5), (6) AND (7), AND BY ADDING SUBPARAGRAPHS (8) AND (9) SO AS TO ESTABLISH NEW FARE RATES, AND BY AMENDING PARAGRAPH (D) TO AMEND THE ZONE DESCRIPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING POR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING: - ORDINANCE NO. 14477: PROHIBITING SMOKING IN THE CITY COUNCIL CHAMBERS OF THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Diaz, Gill, Juarez, and Sample voting "Aye"; Gulley, "Nay"; Holt, "Abstaining". ORDINANCE NO. 14478: APPROPRIATING $1,888 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, PROJECT NO. 250-77-7, MC ARDLE ROAD MAIN LINING, NILE DRIVE TO CARROLL LANE FOR FIELD INVESTIGATION AND LABORATORY TESTING SERVICES REQUIRED FOR DESIGN OF THE SLIP LINING FOR THE MC ARDLE ROAD SANITARY SEWER LINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14479: CLOSING AND ABANDONING ALL OF THE UTILITY EASEMENTS LOCATED BETWEEN LOTS 28 AND 29 AND 30, BLOCK 1, KOOLSIDE ADDITION, RECORDED IN VOLUME 13, PAGES 32 AND 33, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO REPLATTING AND CONSTRUCTION BY THE PROPERTY OWNERS OF AN 8" WATER LINE IN DORTHY STREET; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14480: AMENDING THE COMPENSATION PLAN AS ADOPTED BY ORDINANCE NO. 8127 AND AMENDED BY ORDINANCE NO. 13888 BY CHANGING SUBSECTION 703, PRODUCTIVITY PROGRAM, TO SHOW ESTABLISHMENT OF THE PROGRAM AS OF JULY 31, 1978, AND FIXING 144 HOURS AS BASIS OF CALCULATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 30, 1978 Page 10 ORDINANCE NO. 14481: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN A. ERICKSON FOR APPRAISAL SERVICES OF 2 PARCELS (1 UTILITY EASEMENT AND 1 FEE SIMPLE ACQUISITION AND CONSTRUCTION EASEMENT) IN CONNECTION WITH THE OSO WASTEWATER TREATMENT IMPROVEMENT PROJECT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $715 FOR SAID SERVICES OUT OF THE NO. 250 SANITARY SEWER BOND FUND, PROJECT 250-61-25.5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14482: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE STATE OF TEXAS, ACTING THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS- PORTATION, TO EXTEND THE CONTRACT APPROVED SEPTEMBER 2, 1975 FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, ALLOCATED TO THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY SET OUT IN SAID AGREEMENT AND CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14483: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, THE TERMS, CONDITIONS AND PURPOSES BEING MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14484: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FEDERAL AVIATION ADMINISTRATION FOR CORPUS CHRISTI INTERNATIONAL AIRPORT IMPROVEMENTS IN THE AMOUNT OF $1,794,551, 10% OF WHICH WOULD BE FUNDED WITH LOCAL FUNDS FOR a) CONSTRUCTING A SECOND PARALLEL ACCESS ROAD WITH LIGHTING AND LANDSCAPING, b) STRENGTHENING EXISTING ENTRANCE ROAD AND TERMINAL LOOP ROAD, c) PROVIDING FIVE NEW SECURITY GATES AND OTHER SECURITY IMPROVEMENTS, d) STRENGTHENING EXISTING COMMERCIAL RAMP, e) EXTENDING TWO GENERAL AVIATION RAMPS, f) CONSTRUCTING A FUEL STORAGE AREA TURNAROUND, WITH THE LOCAL SHARE FUNDS TO BE PROVIDED FROM THE 1977 BOND ELECTION, 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 DOCUMENTS TO IMPLEMENT THE GRANT WHEN APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14485: AMENDING ORDINANCE NO. 14330, MAY 24, 1978, SO AS TO AUTHORIZE THE CITY MANAGER TO EXECUTE AN ALTERNATIVE FORM OF AGREEMENT IN ADDITION TO THE AGREEMENT PREVIOUSLY AUTHORIZED WITH THE PARKS AND WILDLIFE DEPARTMENT FOR THE SALE OF UP TO 1,600,000 GALLONS OF TREATED WATER PER MONTH TO THE MUSTANG ISLAND STATE PARK, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY., Minutes Regular Council Meeting August 30, 1978 Page 11 The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." * * * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Parry, 4600 Ocean Drive, No. 303, expressed his disappointment with the improvements made to Corpus Christi Beach where river sand had been placed and vehicles could no longer be driven to the water. Mr. Parry informed the Council that he had formerly been able to take his elderly mother, who is confined to a wheelchair, to the water's edge at Corpus Christi Beach, but that he could no longer do so since the river sand was placed there. He pointed out that there are no ramps anywhere in the area to provide access to the beach for the handicapped. Discussion followed on this matter, and City Manager Townsend assured Mr. Parry that the City staff will study this problem in an attempt to provide access to the water for citizens in wheelchairs, indicating that Cole Park seemed to be the most feasible area for such access. Mr. Charles Nichols, 1547 Lea Lane, referred to the resignation of Mrs. Pat Ring, Director of the Human Relations Department, and suggested that this department be eliminated. He stated that he had served on the Human Relations Commission and was familiar with the department. Mr. Nichols stated that he felt that quite a savings could be realized if Mrs. King's position is eliminated from the budget; the other employees in the department absorbed into other departments of the City; and contended that there is no need to retain the department in view of the amount of work accomplished. He suggested that the voluntary board continue to function to hear complaints of discrimination, and these complaints could be handled by the City Secretary. Mr. Nichols emphasized that this is an excellent opportunity for the Council to abolish a bureacratic office that is not needed. No one else addressed the Council at this time. Motion by Gulley that the Regular Council meeting be recessed at 3:15 p.m., seconded by Diaz, and passed unanimously. * * * * * * * * Mayor Lozano reconvened the meeting at 3:29 p.m. Minutes Regular Council Meeting August 30, 1978 Page 12 Mayor Pro Tem Gulley asked to make a statement in regard to the LULAC boycott of Council Member Holt's place of business. He stated that he has just learned that LULAC is distributing bumper stickers urging the boycott of Mr. Holt's stores. Mr. Gulley stated that this boycott is a terrible thing because when a citizen is serving on the Council as a representative of the citizens, he should not be harassed by any group because of the way he casts his vote on any issue. Mayor Pro Tem Gulley further contended that such harassment was unfair to Mr. Holt's family and employees, and such tactics would discourage other qualified businessmen from running for office. He stated that he feels that the Council needs to support Council Member Holt and his right to express his opinions without reprisal on any issue that comes before the Council. Council Member Diaz expressed the opinion that this boycott will cer- tainly not hurt Armand's business. Mayor Pro Tem Gulley reiterated that it is still wrong for any special interest group to try to hurt a man's business and his family because of the way he votes or speaks on a matter. Council Member Diaz indicated his agreement with that statement. Council Member Sample stated that he had hoped that this matter would receive no more attention and that LULAC would have no further plans to boycott a Council Member's place of business. Council Member Holt indicated that he was told that if he would change his position as a Council Member, they would not boycott his business, but he empha- sized that he would certainly not call LULAC to see how they wanted him to vote. Mayor Lozano stated that he did not feel that even 50% of the members of LULAC are in agreement with this boycott. Mr. David Coover, who was seated in the audience, addressed the Council on this same matter and expressed the opinion that such a boycott by a special interest group is a very shameful situation. He stated that not only will the Council Member so attacked be injured, but such practices will discourage good citizens from serving on the Council. Minutes Regular Council Meeting August 30, 1978 Page 13 City Manager Townsend announced the public hearing on Application #778-9, Mr. J. H. Mayberry, for change of zoning of "A-2" Apartment House District to "B-4" General Business District on Block 3 and the east 30 feet of the vacated Rose Street, Barthlome Tract, located on the northwest corner of Lawrence Drive and Antelope Street. Mr. Townsend stated that the Planning Commission recommends denial of this application and in lieu thereof grant "AB" zoning, and the Planning Staff recommends denial and in lieu thereof that "B-1" zoning be approved. He informed the Council that in response to the notices of the public hearing, one in favor and one in opposition had been returned. He pointed out that the one in opposi- tion was from the St. John Lutheran Church, and this opposition invokes the 20% rule, since the church owns over 20% of the property within the affected area. City Manager Townsend read the letter of opposition from the church in which it was stated that they would not be opposed to the "AB" zoning as recommended by !the Planning Commission. He emphasized that the 20% rule would still be in effect on this application, and six votes of the Council would be required to grant the "AB" zoning. Chief Planner Larry Wenger located the area on the zoning and land use 1!(1) map, described the land use in the surrounding area, showed slides of the area, and stated that the prospective purchaser of the property plans to use the exist- ing building for a computer service office. Council Member Diaz inquired if the Commission had considered recommend- ing a special permit, and Mr. Wenger replied that the proposed use could be operated in "AB" zoning, but the applicant prefers the zoning of "B-1." The applicant, Mr. J. H. Mayberry, spoke at this time and stated that the prospective purchaser requested "B-4" zoning so that possible expansion could occur at a later date. He stated that the proposed business could be operated in "AB" zoning, and he would accept this zoning. Mr. Bob Dillard, representing the prospective purchaser, pointed out that the extension of Lawrence Drive dissected this small triangle from the "B-5" zoned Minutes Regular Council Meeting August 30, 1978 Page 14 property across the street, and even though the purchaser plans to use the build- ing for professional office use at this time, he desires to have the flexibility of "B-4" zoning. Mr. Dillard pointed out that "B-1" zoning exists directly adja- cent to the church and showed slides of many business firms located in the area near the church. He informed the Council that a special permit would be accepta- ble to him if the 7 -foot screening fence did not have to be installed. He assured the Council that the purchaser has no intention of selling the property or using it for any other purpose than that indicated at this time. He stated that because of the setback requirement on the property, they would prefer a special permit with a waiver of the screening fence requirement. City Manager Townsend explained that a special permit would not change the setback problem if such a problem exists. Mr. Dillard explained that the existing building does not meet the set- back requirement, and the purchaser had just learned that because of the 20' setback requirement, expansion would be impossible. City Manager Townsend stated that all a special permit accomplishes is to restrict the land to certain specific uses but does not affect setback require- ments and suggested that only the Board of Adjustment can grant a variance to the setback requirement. Mr. Dillard noted that the only zoning that would not require the setback was "B-5." City Manager Townsend referred to the matter of the fence and stated that this is a separate question, and he felt that the fence requirement could be waived. Mayor Lozano inquired if a representative of the church was in the audi- ence who could express their views about the fence. There was no response. Council Member Holt reminded the Council that the letter from the church indicated that they would not oppose "AB" zoning, but they did not mention the screening fence. Motion by Holt that the hearing be closed, seconded by Gulley, and passed unanimously. ..es Regular Council Meeting August 30, 1978 Page 15 Motion by Gulley that the zoning of of "B-4" on Application #778-9 be denied, but in lieu thereof, that "AB" zoning, as recommended by the Planning Commission, be approved and the screening fence requirement be waived; seconded by Diaz. Mayor Lozano called on Mr. Noe Mendez, representative of the Planning Commission, to comment on the screening fence waiver. Mr. Mendez informed the Council that the fence requirement was not dis- cussed at the Planning Commission meeting. Mayor Lozano called for the vote on the motion, and it passed unanimously. City Manager Townsend announced the public hearing on Application #778-10, Mr. Obie Neal LaRue, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 1, 2, 3, 49, 50, 51 and 52, Block C, Don Patricio Subdivision, located on the south side of Don Patricio Road between Amber Drive and Stardust Lane. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial, the Staff pointing out that the existing structures are nonconforming and would remain so even if the zoning were changed; the zoning would be an intrusion into this single-family area; and City sewer service is not available to this area. He stated that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the prospective purchaser plans to develop apartments and/or town- houses on the property. Council Member Holt inquired about the number of units allowed in "R-2" zoning, and Mr. Wenger replied that approximately 14.2 units per acre are allowed. Mr. Wenger also pointed out that there are no sanitary sewer facilities, drainage, or streets in the area. Mayor Lozano called for comments from the applicant. Mr. "Skip" Hinkel, representing the applicant, stated that after they made application for the change of zoning, approximately 30 notices were mailed Minutes Regular Council Meeting August 30, 1978 Page 16 prior to the hearing before the Planning Commission; two notices were returned in favor; and only one property owner appeared at the hearing to express concern about the change of zoning and he lived outside the 200 -foot area. Mr. Hinkel expressed the opinion that none of the residents in the area were opposed to the change of zoning requested. He pointed out that the requirements for water, streets, etc., could be solved when the purchaser applies for building permits. Council Member Gill asked Mr. Hinkel how they plan to solve the drainage and sewer problems. Mr. Hinkel stated that there are no immediate plans to build the proposed structures; this area is designated for sanitary sewer improvements; and it is hoped that the necessary services will be available before construction begins. City Manager Townsend pointed out that obtaining a building permit does not automatically require street improvements and other necessary services and inquired if the applicant would be interested in some type of assessment proce- dure to have the improvements installed. Mr. Obie Neal LaRue, the applicant, stated that it was his understanding that the City is obligated to install sewers in the area and that the plan is to construct townhouses in the future, but this will not be done until the City installs sewer improvements. Council Member Holt inquired of Mr. LaRue why he is requesting this change of zoning before the sewer service is even available. Mr. LaRue replied that he is just planning far the future, and he is attempting to obtain the proper zoning before selling property that he owns in Houston to finance the project here. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Council Member Sample pointed out that a sewer problem already exists in Flour Bluff and if this application is approved, the problem will be increased. Motion by Sample that the change of zoning on Application 11778-10 be denied, seconded by Juarez. Mr. Mendez informed the Council that the Planning Commission had recom- mended denial of this application because of the lack of sanitary sewer service .es Regular Council Meeting August 30, 1978 Page 17 and other improvements in the area. Council Member Gill stated that she felt that the applicant's plans for development are very good, but she does not feel that the zoning should be granted at this time before sanitary sewer service is available, pointing out that she feels that sewer service should be provided for property owners in the area who have requested sewer service for the existing development. Mayor Lozano called for the vote on the motion to deny the change of zoning, and it passed unanimously. City Manager Townsend announced the public hearing on Application 11778-11, Diversified Structures, Inc., for change of zoning from "R -1B" One -family Dwell- ing District to "I-2" Light Industrial District on the remaining portion of Lots 1, 2 and 4, Block 4, Colonia Hidalgo Addition, located on the northwest corner of South Padre Island Drive and Hendricks Street. Mr. Townsend noted that the Planning Commission and the Planning Staff both recommend approval of this change of zoning. He stated that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Be stated that the owner plans to develop the subject property for light indus- trial use. No one spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Diaz that the zoning on Application #778-11 be changed to "I-2", as recommended by the Planning Commission and Planning Staff; seconded by Sample; and passed unanimously. * * City Manager Townsend announced the public hearing on Application #778-8, The Resource Group, for change of zoning from "R -1A" One -family Dwelling District to "R-2" Multiple Dwelling District on Lots 15, 16 and 17, Block 3, Ocean Drive Minutes Regular Council Meeting August 30, 1978 Page 18 Subdivision, located on the northwest corner of Claremore Street and Kentner Street. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial of this application, the staff noting that the entire area is single-family dwelling district and approval of "R-2" zoning would constitute an intrusion of multiple -family dwellings in the area. City Manager Townsend informed the Council that in response to the notices of the public hearing, many letters and petitions have been presented to the City expressing opposition to this change of zoning, and rather than read each one, he would pass the file for Council examination. He stated that the 205 rule is in effect. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that all of the property in the area is for single-family use. Mayor Pro Tem Gulley asked for an explanation of the difference between "R -1A" zoning and "R -1B" zoning. Chief Planner Wenger replied that there is no difference at this time, but "R -1A" was originally designed for larger lots than those in "R -1B." Mayor Lozano called on the applicant to address the Council. Mr. Tim Clower, Realtor speaking on behalf of the applicant, stated that the Resource Group has a contract to purchase the property from Mr. David M. Coover and Mayfield G. Purse, and they plan to construct 30 townhouses similar to the Santa Fe Townhouses on the property. Mr. Clower explained that the entrance to the complex will be on Claremore Street; the project will be fenced entirely; they plan to dedicate 15 feet and 20 feet for adjacent streets; and they feel that the project will be an improvement in the area. Also speaking on behalf of the applicant was Mr. Jack Solka, 4707 Everhart, who is the architect on the project. Mr. Solka displayed a drawing of the planned development and stated that the plan calls for a perimeter driveway which will be screened from all of the surrounding areas; there will be only one entrance; the units will be two and three bedroom townhouses; the units will face the inside of the property; landscaping in the complex is planned; 3'1 acres of land are involved for only 30 units; and there will be approximately 9 units per acre. He pointed out that the adjacent zoning would allow 5 units per acre, and the density in the Regular Council Meeting August 30, 1978 Page 19 planned townhouse development would not be much more intense than that allowed in the surrounding area. Mr. Solka also emphasized that under the present zoning, 20 single-family dwellings could be constructed. Council Member Gill inquired if such a subdivision is constructed, how could the residents obtain access to University Drive. Mr. Solka stated that a street could be constructed in the center of the tract of land. City Manager Townsend noted that if a subdivision is built, the developers would have to participate in the construction of the street extension, but agreed that a subdivision could be constructed there. Mr. Solka also pointed out to the Council that the plans for the townhouses call for each unit to have double garages, as well as ample visitor parking, which would.eliminate any parking problems in the area. The owner of part of the property, Mr. David M.Coover, addressed the Council and stated that he owns two of the lots in the tract of land; his former wife owns the other lot; and they both desire to sell the land at this time. Mr. Coover informed the Council that trash and debris are constantly dumped on this land and he has to pay to have it cleaned, contending that the property owners in the area wished to retain the zoning in order to continue to use it as a convenient dump site. Mr. Coover informed the Council that he had opportunities to sell the land in the past for development of smaller homes, but he rejected the offers because he did not think the small homes would improve the neighborhood, indicating that he had retained the property for use for an outstanding development for the neigh- borhood. He referred to some of the opposition's remarks in regard to the inade- quate water pressure and stated that the water pressure is inadequate in the entire area, not just in the immediate area around his tract of land. Council Member Diaz stated that he was going to have to depart the meeting prior to completion of this public hearing. Mr. Diaz, noting that the Council Chamber was filled with citizens concerned with this zoning case, asked those who were in favor of the change of zoning to so indicate. (Three people raised their hands to indicate that they were in favor of the change of zoning.) Mr. Coover requested that a vote on this application be delayed until all of the Council Members are present, since the 20% rule is in effect. Minutes Regular Council Meeting August 30,1978 Page 20 *Council Member Diaz departed the meeting at 4:39 p.m., indicating that he had to go out of town. Mayor Lozano assured Mr. Coover that the Council would not vote on this application until all seven members of the Council were present. Mr. Coover continued his presentation by referring to statements made by the opposition to the effect that he had refused to dedicate right-of-way for the purpose of widening the surrounding streets. He alleged that this was not true, stating that he had agreed to dedicate the land if he were not assessed for the street improvements. Mr. Coover contended that the reported problem with the water pressure in some residences in the area was created because of inadequate plumbing. Mr. Coover further stated that unless he could dispose of this property in this manner for the construction of the townhouses, he will be forced to place rent houses on the property in order to obtain -enough income to pay his taxes on the land. He pointed out that under the present zoning, he could move inferior houses onto the land for rental purposes, which would not be very attractive in the neighborhood. Council Member Holt inquired about the amount of the taxes on the land, and•Mr. Coover stated that he did not have this information with him but that he thought that it was approximately $200 a month for his two lots. Mayor Lozano invited those who wished to speak in opposition to address the Council. . Mr. Fred C. Auforth, 345 Plametto, stated that he id definitely opposed to the proposed change of zoning. Mr. Auforth explained that the 3 -acre tract is entirely surrounded by nice, residential homes; the density would be increased if the townhouses are built; the elementary school in the area would be over -crowded; the streets in the vicinity are too narrow now, and the planned development would further aggravate this problem; the proposed development would be directly behind his residence and he did not care to have a large fenced complex located there; and expressed the opinion that the value of his residence would be depreciated". Also speaking in opposition was Mr. Allan L. Yaffe, 466 Palmetto, who stated that even though his residence is not within the 200 -foot area of the subject tract of land, he feels that his property would be affected by approval of this change of zoning. He stated that while he believed that Mr. Coover may be having a problem es Regular Council Meeting August 30, 1978 Page 21 paying his taxes on his property, he did not believe that the solution to his tax problem should be the concern of the entire neighborhood, and the planned develop- ment would definitely adversely affect the whole area. Mr. Yaffe emphasized that this is a beautiful, prestigious neighborhood. He stated that the water pressure problem definitely exists, and this problem would be greatly increased if town- houses are constructed on this tract of land. Mr. Yaffe also pointed out that the traffic on the narrow, residential streets would be increased, and the increased density would require additional police protection. He pointed out that many of the residents in the neighborhood have invested a great deal of money in their homes, and he felt that the value of these homes would be decreased if zoning for a town- house development is approved. Also speaking in opposition to the application was Mr. Harold Z. Browning, 349 Palmetto, who indicated his agreement with the statements made by Mr.Yaffe and pointed out that most of the property owners had purchased their land when the zoning was "R -1A" with the understanding that the zoning would be retained. He emphasized the fact that there are no apartment units or multiple -family dwell- ings located anywhere near this neighborhood and that approval of this request would constitute spot zoning. The next property owner speaking in opposition was Mrs. Emily Carnes, 320 Claremore, who took exception to the remarks made by Mr. Coover. She stated that she and her mother own a large tract of land in the 200 -foot area. Mrs. Carnes referred to an information sheet from Mr. Coover which was delivered to all of the residents in the affected area following the hearing before the Plan- ning Commission. She stated that according to the information sheet from Mr. Coover, he alleged that the neighbors had concocted the story about the low water pressure to influence the Commission to recommend denial of his zoning application. In rebuttal to Mr. Coover's contention, Mrs. Carnes displayed a rusty, 2" cast iron water pipe taken from a site in the neighborhood which demonstrated the reason the water pressure was so low. Mrs. Carnes continued her presentation by alluding to the fact that the developers had stated that only one entrance to the proposed complex would be Minutes Regular Council Meeting August 30, 1978 Page 22 constructed but pointed out that walkways around the area would be installed. She mentioned the fact that a terrible traffic problem already exists in the area and stated that the residents in the area had attempted to have the streets widened, but Mr. Coover had refused to donate any right-of-way for the streets. Mrs. Carnes also related other incidents involving improvement to the area in which Mr. Cobyer had refused to cooperate. Mrs. Carnes referred to Mr. Coover's statement that residents in the area have made it a practice to throw trash and debris onto his property and contended that the renters of his house on his lot are the ones who litter the remainder of his property. She also informed the Council that the only time Mr. Coover mows his property is when the Weed Control Division of the City forces him to do so. Colonel James L. Beynon, 473 University, stated that although he lives outside the 200 -foot area of this tract of land, he is definitely opposed to the change of zoning. Colonel Beynon informed the Council that he had always been involved in school and neighborhood activities and referred to the fact that Mr. Coover had refused to dedicate the necessary land to widen Kentner Street to pro- vide safe access for school children to Montclair Elementary School. Colonel Beynon related that when asked to donate right-of-way, Mr. Coover had agreed to do so only if he did not have to pay his share of the assessments and if he was not taxed' for his property. Colonel Beynon pointed out that the City could not possibly agree to those conditions, and the street was not widened. He also alleged that Mr. Coover could have sold his property many times in the past if he had not asked such exorbitant prices for it. Colonel Beynon contended that Mr. Coover is not concerned about this neighborhood since he does not reside any- where near the subject property. Mayor Pro Tem Gulley made the observation that most of the citizens present seemed to be in opposition to this application and stated that, in his opinion, he did not think the required six votes of the Council would be cast to approve this request. He suggested that, in the interest of time, the vote be taken on this application. Mayor Lozano then requested that all of those present who are opposed to the change of zoning provide the Council with their names which will be recorded ` P. Regular Council Meeting August 30, 1978 Page 23 as being in attendance at the public hearing to express opposition to the change of zoning. The following area residents were present to express opposition: Mr. Alton L. Carter, Mrs. Joanne M. Taylor, Mrs. Grace Carter, Mrs. Barbara E. Beynon, Mr. and Mrs. G. P. Keister, Mrs. Ethel Walker, Ms. Helen Graham Park, Ms. Catherine C. Roberts, Ms. Mary Crawford, Ms. Eone Lane, Ms. Opal Y. Lane, Ms. C. L. Binkerd, Ms. Kim Carter Hedricks, Mr. Howard C. Walker, Mr. Larry L. Kline, Ms. La Rue White, and Mr. John M. White. Council Member Gill expressed the opinion that the Council should not vote on this application until all seven of the Council Members are present, not- ing that this has always been the practice of the Council. City Manager Townsend explained to the audience that the 20% rule requires six votes of the Council to approve such zoning, and the Council feels that it would be unfair for the vote to be taken until all seven members of the Council are pres- ent. He informed the members of the audience that the Council plans to close the public hearing, and the ordinance changing the zoning will not be presented until all Council Members are present. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that Application #778-8 be tabled until seven Council Members are present, seconded by Juarez, and passed unanimously. City Manager Townsend presented the ordinances effectuating the zoning changes as approved in the preceding zoning cases. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14486: 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 J. H. MAYBERRY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON BLOCK 3 AND THE EAST 30 FEET OF THE VACATED ROSE STREET, BARTHLOME TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT AND WAIVING THE STANDARD SCREENING FENCE REQUIREMENT; 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 approved by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting "Aye"; Diaz, absent. Minutes Regular Council Meeting August 30, 1978 Page 24 ORDINANCE NO. 14487: 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 DIVERSIFIED STRUCTURES, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 1, 2 AND 4, BLOCK 4, COLONIA HIDALGO ADDITION 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 approved by the following vote: Lozano, Gulley, Gill, Holt, Juarez and Sample voting "Aye"; Diaz, absent. There being no further business to come before the Council, on motion by Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 5:35 p.m., August 30, 1978.