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HomeMy WebLinkAboutMinutes City Council - 03/12/1969MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 12, 1969 2:00 P.M. PRESENT: Mayor Pro Tem Ronnie Sizemore Commissioners: Dick Bradley, Jr. Gabe Lozano, Sr. Ken McDaniel City Manager R. Marvin Townsend City Attorney I. M. Singer City Secretary T. Ray Kring • Mayor Pro Tem Sizemore called the meeting to order. The Invocation was given by the Reverend McCoy Bynum, Pastor of Trinity Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by McDaniel, seconded by Lozano and passed, that the absence of Mayor Blackmon and Commissioners Jimenez and Roberts be excused for cause. The Minutes of the Regular Council Meeting of March 5, 1969, were approved as submitted to the Council. Mayor Pro Tem Sizemore recognized members of the Student Council of Solomon Coles Junior High School, and presented Certificates of Attendance to Darvina Williams, Bert Stewart, and Mike Reichle, and to Virginia Ramirez and Gloria Ramirez who could not be present. The students were accompanied by their sponsor, Miss Florence Adams. Mayor Pro Tem Sizemore read and presented proclamations relative to the following: SAVINGS BONDS WEEK, March 17 - 23, 1969, urging that individuals invest in Savings Bonds systematically; received by Mrs. Shelton; ZONTA CLUB DAY, March 13, 1969, in recognition of the fine work being done locally by this organization, received by a representative of the Club; GIRL SCOUT WEEK, March 9 -15, in observance of the 57th Anniversary of the founding of Girl Scouting in the United States, calling upon citizens to give continued support and cooperation; received by Mrs. Tulle; "ROCKS BY THE SEA" WEEK, March 17 - 23, 1969, in recognition of the Gulf Coast Gem & Mineral Society's 5th Annual Show at Exposition Hall, featuring a display of products of Linde Division of Union Carbide Chemical Company and jade carvings by Mr. R. S. Norville of Sinton, Texas, received by Mrs. Nelson. Bids were opened and read for the construction of the Water Supply Line to the Padre Island National Seashore Park from the following firms: Heldenfels Brothers; Lloyd D. Richardson Construction Company; T. H. Lee; and Mercer Construction Company. • • Minutes Regular Council Meeting March 12, 1969 Page 2 The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Sizemore announced the public hearing on Application 0369-6, Mr. Amando Canales, for change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lots 13 through 19, Block 5, Tracy Addition, located at 2602 Prescott Street. City Manager Townsend located the property on the zoning and land use map and pointed out the existing uses in the surrounding area; explained that the application was heard by the Planning Commission March 4, 1969, at which time Attorney Charles Cartwright, representing the applicant, explained that his client had purchased the property from Prescott Christian Church and had already invested approximately $16,000 in improvements; that the Church had previously made application for "AB" zoning for the establishment of a funeral home which was granted by the Council, and that aftei the "AB" was granted it was learned that the operation of a funeral home was not allowed in "AB" and that this necessitated the resubmission of the application. He further explained that in the meantime, a group of residents in the area had filed suit against Mr. Canales to prohibit the funeral home operation. He stated that the improvements already placed on the property consisted of a parking lot to accomodate 150 cars, carpeting of the building, painting, and erection of 6 -foot fence along the property line adjacent to the single-family residences. Mr. Townsend stated that a petition was filed containing signatures of 75 persons in the area in favor of the application; that two other persons had spoken in favor; that Attorney Pat Morris had represented a group of residents in opposition generally on the basis of increased traffic congestion because of the Expressway and that funeral processions would be an undesirable sight for small children. The Staff reported 25 notices mailed, one received in favor and three in opposition; that it was the recommendation of the Planning Commission that the request be denied, but in lieu thereof, a Special Permit be granted for a funeral home according to a plot plan to be approved by the Planning Commission, and that the Staff concurred in this recommendation. Senior City Planner tarry Wenger pointed out on the map the location of properties indicating opposition, and City Manager Townsend read a letter, received since the hearing signed by five residents in opposition, which he stated would invoke the 20 percent rule when final action is taken. • • Minutes Regular Council Meeting March 12, 1969 Page 3 Mr. Cartwright reiterated the circumstances described by Mr. Townsend, under which this application was resubmitted; described the improvements made on the property since the "AB" zoning was granted, pointing out that it was made under heavy opposition; presented a site plan of the building and parking lot approved by the Planning Staff; and emphasized that the improvements were made on the assumption that they had authority from the Council to operate a funeral home and that it was permitted under the "AB" classification, He further explained that the applicant had cleared the property of trash of all descriptions which was an indication that the vacant property was being used for wrong purposes; explained how he felt the funeral home would not change the character of the neighborhood but would be an improvement; that he had received a letter from the president of escort services of the City Police Department stating that there would not be a great deal of increased traffic; that his clients do not intend to go into the ambulance service, consequently, there will be no sirens; that the proposed use will be quiet and conservative; that the former use was a church and the funeral home will not change the residential atmosphere. Reverend Roy Brewton, 4425 Marie Street, Pastor of Prescott Christian Chruch, spoke in support of the application, and stated that he wanted to re-emphasize the point brought out at the Commission hearing, "that the property has been sold and the money has been spent." He stated that when the application was originally submitted he had been advised by a member of the Planning Staff that all that was needed was to apply for "AB" zoning, and that they were not informed that a Special Permit was needed for operation of the proposed funeral home; that "AB" had been applied for for that purpose, and *at throughout the hearing before the Commission and Council, there was nothing mentioned about the property being zoned for anything except for the funeral home, and that when the Council granted "AB", it was taken for granted that everything was in order; the property was sold and they proceeded to remodel and upgrade the property into what is now a beauty spot compared to the rundown vacant property. He explained that the church was forced tonbve because of the construction of the Expressway which divided his membership; that many of the people who had opposed the zoning change were his former church members whose children had attended bible schools and scout troops and are frequently seen playing on the improved parking lot; stated that after the church moved, they • • Minutes Regular Council Meeting March 12, 1969 Page 4 tried unsuccessfully for two years to sell the property to another church; explained that vandalism was present during the time the property was vacant because the church could not afford police protection; pointed out that the children in the area are not subjected to as many undesirable conditions now as they were before it was sold. He further pointed out that so far as the alleged increased traffic, that churches have funerals, weddings and many special meetings, which far out number those of a funeral home, and that traffic caused by the funeral home will at least be organized traffic. Mr. Forrest Allen, 622 Driftwood, real tor, spoke in favor of the application and pointed out that so far as the alleged increased traffic, the funerals will be scheduled at low traffic hours and not at hours when children will be coming home from school. He stated that the matter of the construction of the fence had come up at the first hearing and that he had advised the erection of the fence which was done soon after the zoning for "AB" was granted. He suggested that members of the Council drive by the property and see for themselves what improvements have been made for the beautification of the premises. He stated that the money for the improve- ments was disbursed on advice from the City Staff to the title company that the zoning was proper . Mr. Pat Morris, 1002 Cairo, attorney representing the residents of Tracy Addition who are opposing the application, reviewed the chronological order of past proceedings of the request which was originated by the Prescott Christian Church in August, 1968; pointed but that a motion made by the Commission September 3, 1968, but did not carry, was that the request be denied, but that a Special Permit be granted for the proposed operation of a funeral home with accessory uses, but that a final motion which did carry, was forwarded to the Council with the recommendation that the request for "AB" zoning be approved; that it was on October 16, 1968, that the City Council passed the Ordinance granting the change, and on October 3Ist, that Mr. William Manning filed suit for an injunction, and stated that at that time the improvements mentioned had not been made. Mr. Morris stated that it would appear that the applicant was not entirely unaware that the proposed operation would not be permitted in the "AB" classification, and that the improvements were made in bad faith. He further stated that this is a clear example of spot zoning; that the proposed operation is not needed in the area, and that, due to the fact that Prescott is a narrow one-way street along the Expressway, the off -ramp of the Expressway in the next block • • Minutes Regular Council Meeting March 12, 1969 Page 5 from the subject property would cause traffic congestion and that a funeral procession would further conflict with this traffic. He stated that he and Mr. Norman Udder were present for a pre-trial conference in connection with the injunction suit, and that it was agreed at that time that "AB" was not a proper zoning for a funeral home, but that the Judge had indicated he would withhold a decision until the City made its determination, and that he felt the Judge had no other choice. Others appearing and speaking in opposition to the request for "B -I" zoning were Mr. and Mrs. William Manning,Jr., 2434 Prescott; Mr. Edgar Mulhollon, 1234 Brentwood; Mr. Antonio Espinosa, 2617 Riggan; Mr. and Mrs. Leo G. Guszak, 2430 Prescott; Mrs. Bernice Schiller, 2442 Prescott; and Mr. Mike Gannon, 2606 Riggan; all generally in opposition on the basis of increased traffic congestion; spot zoning; devaluation of properties; possible uses of ambulance service; subjection of small children to undeisrable sights of funerals and caskets, and traffic hazards caused by parking on both sides of narrow one-way streets and the expressway. In rebuttal, Mr. Cartwright stated that the funeral home operation and improvements of the property will conserve the real estate values; that the assumption that ambulance service may have been based on the mistaken belief that the funeral director who stopped by for a visit was connected with the business; and as to the statement that the improvements were made in bad faith, stated that his law firm was not hired immediately after the suit was filed, but that the improvements had been started before they had notice of the law suit. Mr. Cartwright called on approximately twelve persons in the audience to stand and give their names and address, indicating their approval of the requested zoning change. Motion by Bradley, seconded by Lozano and passed, that the hearing be closed. Motion by McDaniel, seconded by Lozano and passed, that the foregoing request be tabled for further consideration, and that the Traffic Engineer submit an opinion on the alleged problem of access and exit roads from the Expressway. Mayor Pro Tem Sizemore called for the City Manager's Reports. Motion by McDaniel, seconded by Bradley and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the bids previously received for the property described as a tractof land • Minutes Regular Council Meeting March 12, 1969 Page 6 containing .078 acres, bounded by Weber Parkway, Doddridge Street, Hopper Addition #2, and Herndon Drive, be rejected and that the authority to negotiate for the sale of the property subject to City Council approval be granted; b. That the award of contract for the construction of West Guth Park Improvements be made to Fowco Construction Company on the basis of their low bid in the amount of $116,253.76, and thot an appropriation in the amount of $124,000 of which amount $7,746.241s for contin- gencies, be approved; c. That the bid awards on Heavy Equipment be made to the following firms on the basis of low bid meeting specifications and most advantageous to the City: Bid Tabulation #6-69 CLOSNER EQUIPMENT COMPANY - San Antonio Item 6 One (I) 12 -ton Equipment Trailer $2,553.00 COOPER EQUIPMENT COMPANY - San Antonio Item 12 One (1) Crawler Mounted Ditcher $22,395.00 JIM DULANEY MACHINERY COMPANY - San Antonio Item 4 Two (2) 13 -Wheel Pneumatic Rollers $3,210.00 Item 9 One (1) Heavy Duty Truck Type Street Swpr. 13,280.00 Item 13 One (1) Brush Chipper 3,858.10 $20,348,10 DULANEY SERVICE COMPANY - San Antonio Item 3 One (1) 10 to 12 Ton 3 -Wheel Roller $11,575.00 GIRARD MACHINERY COMPANY - Corpus Christi Item 1 Three (3) Self -Propelled Vitiating Patch Rollers $5,283.18 Item 8 One (1) Carrier Mounted Hydraulic Excavator 29,983.10 $35,266.28 GULFSIDE EQUIPMENT COMPANY - Corpus Christi Item 10 One (I) Tractor Mounted Brush Loader $13,999.55 Item 11 One (1) 9 Cu.Yd. Self -Loading Scraper 24,400..00 Item 17 Two (2) Industrial Tractors w/3 -Point Hitches 6,587.00 Item 21 One (1) 50 HP Tractor w/looder,13' backhoe and 24" trenching bucket 8,215.00 $53,201.55 INTERNATIONAL HARVESTER SALES & SERVICE - Corpus Christi Item 18 One (I) 40 HP Industrial Tractor w/sickle cutter $3,401.54 Item 20 One (1) 50 HP Industrial Tractor w/loader and 16' backhoe 7,856.77 Item 22 One (I) 50 HP Industrial Tractor w/loader 13' backhoe, 18" & 24" tres.hing bkts. 6,708.62 $17,966.93 • Minutes Regular Council Meeting March 12, 1969 Page 7 THE ROY KLOSSNER COMPANY - Corpus Christi Item 7 One (1) 2,000 Gallon Asphalt Distributor $8,392.00 JESS MCNEEL MACHINERY COMPANY - Corpus Christi Item 2 One (1) 6 -Ton, 3 -Wheel Roller $10,000.00 Item 5 One (1) Self -Propelled 12 -Ton 9 -Wheel Pneumatic Roller 7,960.00 item 14 One (I) 125 -CFM Air Compressor 4,025.00 Item 15 One (1) 3/4 Yd. Truck Mounted Loader 4,400.00 Item 16 One (1) Truck Mounted Crane 6,598.00 Item 23 One (1) 2 1/2 Cu.Yd. Rubber Tired 4 -Wheel Drive Tractor Shovel 27,217.00 Item 24 One (1) Crawler Tractor w/Dozer 43,000.00 Item 25 Two (2) Motor Graders 125 HP 45,000.00 $148,200.00 GRAND TOTAL: $319,897.86 d. That an appropriation in the sum of $13,676.50, of which amount $13,500.00 k for acquisition of Parcel No. 4, and the sum of $176 50 for incidental expenses, in connection with the O. N. Stevens Mud Drying Bed Project, be approved, and that the authority to execute real estate sales contract with the owner, Mary R. Miff, be granted; e. That the authority to execute a lease agreement with Simon Grossman, as Trustee for Ed Grossman, for the leasing of a building at 1020 and 1022 Leopard Street, for a term of thirty-one months, at a rate of $175.00 per month, for use cis office space by the City, be granted; f. That Section 21-153 of the City Code, be amended so as to provide that all streets designated one-way during school days shall be one-way only between the hours of 8:00 and 9:00 am, and 2:00 and 4:00 pm; g. That Section 21-153 of the City Code be amended by adding Subsection (a), Items 58, 59 and 60, Casa Grande between Corta and Norton Streets, Corta Street between Casa de Ora and Casa Grande, and Ramsey Street between Roosevelt and Norton, respectively. Mayor Pro Tem Sizemore announced the pending item of Flato Brothers appeal from the action of the Planning Commission regarding the park requirements pertaining to Jackson Woods Unit 2-A, on which a public hearing was held March 5, 1969, and called for a motion for the disposition of the matter. Motion by McDaniel, seconded by Bradley and passed, that the foregoing appeal be denied. Mayor Pro Tem Sizemore announced the pending item of Zoning Applicotion #1268-2, Dr. lames E. Tempesta, on a tract of land out of Lot 2, Section 3, Bohemian Colony Lands, on which a public hearing was held January 22, 1969. • Minutes Regular Council Meeting March 12, 1969 Page 8 Motion by McDaniel, seconded by Bradley and passed, that Application 11268-2, Dr. James E. Tempests, for change of zoning from "R -IB" One -family Dwelling District to "B -I" Neighborhood Business District on a 1.15 acre tract of land out of Lot 2, Section 3, Bohemian Colony Lands, lying 124 feet west of Kostorzy Road fronting 400 feet in the 3100 Block of the dedicated but unimproved Johanna Street at a depth of 125 feet, be approved as requested, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 9268 THIRD READING OF AN ORDINANCE AME NDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-153 BY ADDING TO SUBSECTION (c) THE FOLLOWING NAMED STREETS TO HEREAFTER BE DESIGNATED AS ONE-WAY: I. H. 37 NORTH FRONTAGE ROADS BETWEEN CORN PRODUCTS ROAD AND RAND MORGAN ROAD AND I.H. 37 SOUTH FRONTAGE ROADS BETWEEN CORN PRODUCTS ROAD AND RAND MORGAN ROAD: PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez, and Roberts absent. ORDINANCE NO. 9269 THIRD READING OF AN ORDINANCE AMENDING SECTION 10-9 OF THE CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE THAT RIDING BICYCLES UPON SIDEWALKS WILL BE UNLAWFUL ONLY IN AREAS ZONED "B-5" AND "B-6": PROVIDING THAT PEDESTRIANS SHALL HAVE THE RIGHT OF WAY OVER ANY BICYCLE OR ANY PERSON RIDING A BICYCLE: PROVIDING A SEVERANCE CLAUSE: PROVIDING FOR PENALTY: PROVIDING FOR PUBLICATION. The foregoing ordianance was read for the third time and passed finally by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez, and Roberts absent. ORDINANCE NO. 9270 ANNEXING TO THE CITY PORTIONS OF SUBMERGED LANDS BETWEEN THE PRESENT CITY LIMITS AND THE SOUTH SHORE OF NUECES BAY, THE SCHOOL PROPERTY AT CABANISS FIELD, THE ALLISON SEWAGE TREATMENT PLANT PROPERTY AND THE WESTSIDE SEWAGE TREATMENT PLANT PROPERTY, INCLUDING PORTIONS OF THE STREETS AND LOTS UPON WHICH SAID PROPERTIES ARE LOCATED: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez, and Roberts absent. • • Minutes Regular Council Meeting March 12, 1969 Page 9 ORDINANCE NO. 9271 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 DR. CALVIN F. WALLACE, BY GRANTING A SPECIAL COUNCIL.. PERMIT FOR CONSTRUCTION OF A SMALL ANIMAL HOSPITAL, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, SITUATED ON LOT 19, BLOCK 5, GARDENDALE ADDITION, LOCATED AT 5425 SOUTH STAPLES STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED IN THE APPROVED SITE PLAN, ATTACHED HERETO AND MADE A PART HEREOF; 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: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. ORDINANCE NO. 9272 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A CONTRACT WITH FOWCO CONSTRUCTION COMPANY, SUBJECT TO APPROVAL OF THE TEXAS STATE DEPARTMENT OF PARKS AND WILDLIFE, FOR CONSTRUCTION OF THE WEST GUTH PARK IMPROVEMENTS, PROJECT NO. 291-64-1; APPROPRIATING OUT OF NO. 291 PARK BOND FUND THE SUM OF $124,000.00 OF WHJCH $116,253.76 15 FOR THE CONSTRUCTION CONTRACT AND $7,746.24 IS FOR CONTINGENCIES, INCLUDING ENGINEERING AND OTHER INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. ORDINANCE NO. 9273 DECLARING ABANDONED A 20 -FOOT DEDICATED BUT UNIMPROVED ALLEYWAY, LYING BETWEEN BLOCKS 2 AND 3, ANDREWS SUBDIVISION, EXTENDING IN A SOUTHWEST DIRECTION FROM ANDREWS DRIVE TO THE CROSSTOWN EXPRESSWAY (KNOWN AS LAWTON ALLEY), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE PROVISIONS THAT THE EASEMENT HEREINAFTER DESCRIBED BE RESERVED FOR UTILITY LINES, AND THAT THE APPLICANT ASSUME THE COST OF RELOCATING OR REMOVING OF UTI.LITIES LINES, IF ANY BE NECESSARY AS A RESULT OF SAID CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. Minutes Regular Council Meeting March 12, 1969 Page 10 ORDINANCE NO. 9274 • 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 DR. JAMES E. TEMPESTA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 1.15 -ACRE TRACT OF LAND OUT OF LOT 2, SECTION 3, BOHEMIAN COLONY LANDS, LYING 124 FEET WEST OF KOSTORYZ ROAD FRONTING 400 FEET IN THE 3100 BLOCK OF THE DEDICATED BUT UNIMPROVED JOHANNA STREET AT A DEPTH OF 125 FEET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B -I" NEIGHBORHOOD BUSINESS DISTRICT, KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez, and Roberts absent. ORDINANCE NO. 9275 $13,676.50 OF APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND THE SUM OF/WHICH AMOUNT $13,500.00 IS FOR ACQUISITION OF PARCEL NO. 4, AND THE SUM OF $176.50 IS FOR INCIDENTAL EXPENSES, APPLICABLE TO O. N. STEVENS MUD DRYING BED PROJECT; AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, WITH THE OWNER OF THE AFORESAID PARCEL OR TRACT OF LAND, MARY R. ELLIFF, A WIDOW; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. ORDINANCE NO. 9276 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH SIMON GROSSMAN, AS TRUSTEE FOR ED GROSSMAN, FOR THE LEASING OF A BUILDING AT 1020 AND 1022 LEOPARD STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR A TERM OF THIRTY-ONE MONTHS, AT A RATE OF $175.00 PER MONTH, FOR USE AS OFFICE SPACE BY THE CITY OF CORPUS CHRISTI, A COPY OF WHICH LEASE AGREEMENT 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: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. • Minutes Regular Council Meeting March 12, 1969 Page 11 ORDINANCE NO. 9277 AMENDING SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO PROVIDE THAT ALL STREETS DESIGNATED ONE-WAY DURING SCHOOL DAYS SHALL BE ONE-WAY ONLY BETWEEN THE HOURS OF 8:00 AND 9:00 A.M., AND 2:00 AND 4:00 P.M.; ADDING TO SUBSECTION (a) OF SECTION 21-153 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, ITEMS 58, 59 AND 60, CASA GRANDE BETWEEN CORTA AND NORTON STREETS, CORTA STREET BETWEEN CASA de ORO AND CASA GRANDE, AND RAMSEY STREET BETWEEN ROOSEVELT AND NORTON, RESPECTIVELY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Lozano and McDaniel present and voting "Aye"; Blackmon, Jimenez and Roberts absent. In connection with the ordinances appearing on the agenda for second reading relative to the lease agreement with Bay Leasing Corporation for operation of a rent -e; -car business at the Corpus Christi International Airport, Mr. Jake Jarmon, attorney representing Bay Leasing Corporation, appeared and stated that the Council had been furnished copies of the proposed agreement for a new service -leasing of Lincoln Continental luxury cars at the same rates charged by other existing operators. He stated that the firm is prep,;rred to go into business as soon as they receive authority. Mr. Walter Dodds of Kansas City, Missouri, accompanied by two other officials. of Hertz Rent-A-Car, Mr. Burns and Mr. Campbell, presented a lengthy dissertation of statistics and facts on the positon of his firm and that of the other existing operators, National Car Rentals and Avis Rent-A-Car, in oppostion to the City's granting to Bay Leasing Ccrporation a franchise to operate a rent -a -car service at the airport stating that it is an experiment which the City cannot afford; that this is a novel idea and will attract some customers, bur that the airport is not the proper arena for such an experiment; that there is not enough space br business to justify another operator; that the recent contracts with the City of the other operators were based on the assumption that there would be only three companies; that his company had asked for more space and was informed it was not available; that there is only a certain amount of business, whether or not the cars are of the luxury type or'otherwise, and mat it would only dilute and divide the profits. He stated that out of the approximately 439 airports in the United States, only about three percent of these have more than three rent -a -car services; that these three companies have provided the sophisticated service the Minutes Regular Council Meeting March 12, 1969 Page 12 customers want and demand, and that there is no demand for luxury type service or the other three operators would have provided it. He stated that the statement by the proponents that the additional service will create more money for the City is unfounded; that a study reveals that 70 percent of the businessmen making reservations include car rental service in the reservation before arriving at their destination, and since the airports are not allowed to solicit business for any particular canpany, the customer would not designate an unadvertised in the last service. He stated that his firm had spent approximately $100,000 on advertising/ five years, He stated that he feels these three firms have done a fine job of providing rent -a -car service and will continue to do so, and if there is a surplus of space available at the airport, the existing operators are entitled to it. Mr. Phil Ridgeway of National Car Rentals, stated he has operated his business for 18 years and knows the business well; that they are not trying to corner the market or restrict competition, but that he feels this is a business in which some regulation is required; that when their contracts were renewed about five months ago, the bid was made on what they thought would be business for three operators; that they have spent a great deal of money to meet competition and to improve their services, and have had no complaints, and feel the existing companies should have first priority on available space. Mr. Herbert Morrison, Jr., of Avis stated that what would affect one operator would affect all three, and concurred in the statements of Mr. Ridgeway and Mr. Dodds, that if the City approves a franchise for a fourth rent -a -car service it will result in a tremendous burden on the existing operators. Mr. Jarmon stated his firm is attempting to give the City a unique service which is superb, and prepared to give customers a service they have never had before; that they are willing to risk their money and that he does not feel it is up to any other operator to say whether or not it is an economical venture; that this company has invested more money in service facilities than the three existing companies combined. City Manager Townsend stated it is suggested that the second reading of the proposed ordinance be postponed until the full Council has a chance to make further studies. Motion by McDaniel, seconded by Lozano and passed, McDaniel, Lozano and Sizemore, voting "Aye", and Bradley voting "Nay", that the second reading of the subject ordinance • Minutes Regular Council Meeting March 12, 1969 Page 13 be deferred for one week for further consideration. There being no further business to come before the Council, the meeting was adjourned.