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HomeMy WebLinkAboutMinutes City Council - 06/26/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 26, 1974 2:00 P.M. PRESENT: Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs Assistont City Secretary Bill G. Read Mayor Pro Tem James T. Acuff called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Lozano in the absence of the invited Guest Chaplain. Assistont City Secretory Bili G. Read called the roll of those in attendance. Motion by Lozano, seconded by Tom Gonzales and passed, that the absence of Mayor Luby, and Commissioners Branch and Ricardo Gonzalez, be excused for just cause. Motion by Lozano, seconded by Stark and passed, that the Minutes of the Regular Council Meeting of June 12, 1974, be approved. Mayor Pro Tem Acuff announced the issuance of proclamations as follows: SAFE BOAT- ING WEEK, June 30 through July 6, 1974, presented June 18; NAVY RELIEF FESTIVAL DAYS, June 29 and 30, 1974; and HIRE A TEEN WEEK, June 30 through July 6, 1974. Mayor Pro Tem Acuff recognized the presence of three Boy Scouts of Troop 172, sponsored by the Forrest Park Baptist Church, attending the Council Meeting pursuant to obtaining merit badges, and observing government in action. Relative to the scheduled bid opening for construction of a multiple box drainage system along Williams Drive from Airline Road to past Weldon Smith Elementary School, City Manager Townsend explained that due to some questions raised by a number of contractors who have taken out plans on this project and changes in prices, materials and design considerations, it is recommend- ed that the bids submitted be returned to the contractors unopened and that this project be delayed for approximately three months to allow the engineering staff to review the design alternatives as well as design criteria, and resubmit the project for bidding at that time. Director of Engineering & Physical Development James Lontos stated that it is apparent that at a number of locations a single box of larger size would be more economical, and also possible that the box should be redesigned at least where no direct loading is affecting the box to reduce both the thickness of concrete and the steel which would reduce the cost. He stated it is • Minutes Regular Council Meeting June 26, 1974 Page 2 felt inappropriate to open the bids at this time and in the best interest of the City to delay the opening to allow design of a facility more in keeping with and providing the most adequate drain- age facility possible. Mr. Lontos returned the two bids submitted to representatives of Heldenfels Brothers and Burtex Constructors who were present in the audience. Mayor Pro Tem Acuff announced the public hearing on the application of Expando Produc- tion Company to re-enter a plugged and abandoned well in Saxet Field. City Manager Townsend presented background information pertaining to the request and pointed out that the issue is primarily on whether or not a re-entry into a previously plugged well should be considered on the same basis as drilling a new well. He explained that the existing ordinance does not so provide, but requires that for a new well there shall be no residential structure within 400' of the well site. He stated the subject well is located off Main Drive, and noted that there are a series of wells on both sides of this street. He stated it is his recommendation that the ordinance be amended to reduce the minimum distance required between a well and a residence from 400' to 200' only for the re-entry of a well which has been previously plugged and abandoned. He explained that a re-entry is less objectionable than drilling a new well since it does not involve a large rig, is less noisy, and requires less time to complete. He explained that the Petroleum Superintendent has refused the permit because no waivers were obtained from people living nearer than 400', the nearest residence being 225'. No one appeared in opposition to the foregoing matter. Motion by Tom Gonzales, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the ordinance be amended to reduce the minimum distance required between a well and a residence from 400' to 200' only for the re-entry of a well which has been previously plugged and abandoned. Mayor Pro Tem Acuff called for the City Manager's Reports and City Manager Townsend presented the recommendations with related explanations and comments as follows: a. That the plans and specifications for a four -field Softball Complex at Greenwood Park be approved and bids be received on July 17, 1974. The complex includes a concession and press box building, four softball fields, access parking lots, fencing, irrigation system, bleachers, and access walkways. The project is part of the 1972 bond election program. b. That the 1974 editions of the Southern Standard Plumbing Code and Southern Standard Gas Code be adopted to replace the 1972 editions currently in effect and that a new local amend- • Minutes Regular Council Meeting June 26, 1974 Page 3 ment be adopted to require that gas applicances in residential garages be installed a minimum of 18" above the floor with the Building Official being authorized to approve alternate methods which adequately control combustion air intake. Gas appliances ore presently authorized to be installed directly on garage floors, and over the past three years, 26 fires, including one death and 14 injuries, were attributed to gasoline vapor being ignited by gas water heaters in garages. The Plumbing Advisory Board concurs with this recommendation. c. That Ordinance No. 9446, which establishes a procedure for changing of street names, be amended to require that the applicant must inhabit a residenceehosepost office address is on the street which name is proposed to be changed or own property whose post office address is on the subject street. d. Acceptance of CPL cost of fuel statement of 93.10 cents per million BTUs for May 1974 as required by the recently approved rate ordinance. Each change of 5 cents is required by Section 3 to be presented in a written statement to the City Council. The cost for April was 74.09 cents. All costs in excess of $.20 are passed on directly to the customer. e. That Parcel No. 9 of the Police Station Expansion Project be acquired from Mr. Lewis Tilley, et al and that $5,667.50 be reappropriated to cover the Award of Special Commis- sioners, moving costs, witness fees and court and publication costs. f. That the City's architects on the convention center, Swanson Hiester Wilson and Claycomb and Caudill Rowlett Scott, be authorized to engage C. P. Boner and Associates as acoustics consultants and that $6,000 be appropriated from the auditorium bonds approved in the December 1972 bond election and sold on June 15, 1974. The acoustics consultant will offer guidance in all phases of the architecture that will affect the acoustics of the building, including geometrical configuration, construction, and materials of rooms. The consultant will also carry out the concepts developed in the schematic phase through the design and construction phase and provide assistance to mechanical engineers as necessary to insure that the finished systems meet the required noise criteria for good acoustics. g. That authority be granted to submit a proposal for $61,592.00 for second year fund- ing of the Senior Community Services Program to Coastal Bend Council of Governments, the area agency on aging. The requested money will allow continuation of services to the elderly through the use of carry-over funds for the period July 1, 1974 through February. 28, 1975. Minutes Regular Council Meeting June 26, 1974 Page 4 h. That an agreement be authorized with the Residents Committee of Camden Place under which the City will agree to accept and maintain the planting strip adjacent to Camden Place along Airline Road after its residents have, at their expense, installed an irrigation system and landscaped and planted the strip. An administrative policy has been developed for acceptance of such strips. The suggested policy provides that the strips must be at least 10 feet wide, exclusive of sidewalks, curbs, and walls, and 1200 feet long with blocks of not less than 600 feet in length. Strips must also be located on a street with a minimum traffic volume of 12,000 vehicles per day and the person or persons donating the strip must landscape and plant it and install an automatic or semi-automatic irrigation system. The Park Board concurs in this recommendation. Motion by Lozano, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "h" be accepted, and the requests and recommendations be approved as presented. Commissioner Tom Gonzales requested that the City Manager submit a recommendation to the Electrical Advisory Board on the question of relaxing the requirement that electrical permits must be obtained and electrical work must be performed by a master electrician or under a master's supervision. City Manager Townsend stated he would prepare a draft memorandum from the Council to the Electrical Advisory Board for the Council's approval within two weeks. Relative to the pending matter of the appeal of Mr. Calvin Floyd from a decision of the Electrical Licensing Board, Mr. Townsend reported that the briefs requested by the Council had been received from the City Legal Department and the applicant's attorney, copies of which briefs were furnished to the Council. He stated it would be his recommendation that this matter be further tabled to allow the Council time to study these two documents. Motion by Tom Gonzales, seconded by Lozano and passed, that the matter of the appeal of Mr. Calvin Floyd from a decision of the Electrical Baa rd, be further tabled for one week. FIRST READING OF AN ORDINANCE AMENDING SUBSECTION 4.3 OF THE LAND DRILLING ORDINANCE, NO. 8879, SO AS TO REDUCE THE MINIMUM DISTANCE REQUIRED BETWEEN A WELL AND A RESIDENCE FROM 400 FEET TO 200 FEET ONLY FOR THE REENTRY OF A WELL WHICH HAS BEEN PREVIOUSLY PLUGGED AND ABANDONED; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. • Minutes Regular Council Meeting June 26, 1974 Page 5 FIRST READING OF AN ORDINANCE ADOPTING THE SOUTHERN STANDARD PLUMBING CODE, 1971 EDITION, AND THE 1974 REVISION THERETO, AND THE SOUTHERN STANDARD GAS CODE, 1973 EDITION, AND THE 1974 REVISION THERETO, FOR THE REGULATION OF THE INSTALLATION, ALTERATIONS, REPAIRS, REPLACEMENT, EQUIPMENT (INCLUDING APPLIANCES, FIXTURES, FITTINGS) OR APPURTENANCES THERETO AND COMBINATIONS THEREOF, OF PLUMBING AND GAS PIPE AND APPLIANCE FITTINGS, BOTH EXISTING AND NEW, AND ALL PARTS THEREOF, INCLUDING EVERY CONNECTION TO THE WATER OR SEWERAGE SYSTEM OF THE CITY, AND EVERY CONNECTION TO A GAS SUPPLY SYSTEM, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVID- ING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE; AND REPEALING ORDI- NANCE NO. 11238. The foregoing ordinance was read for the first time and passed to its second reading by the vollowing vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BUCCANEER COMMISSION, INC.,. COVERING THE PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUND NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, ON FILE IN THE OFFICE OF THE CITY SECRETARY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. SECOND READING OF AN ORDINANCE DECLARING THE POLICY OF THE CITY TO BE IN FURTHERANCE OF THE RIGHT OF EACH INDIVIDUAL TO OBTAIN EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING UNLAWFUL EMPLOYMENT PRACTICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COMPLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND, PROVIDING FOR PUBLICA- TION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12139 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1974 AND TO TERMINATE ON OCTOBER 31, 1977, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". • Minutes Regular Council Meeting June 26, 1974 Page 6 The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12140 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE 050 LITTLE LEAGUE, LEASING TO SAID OSO LITTLE LEAGUE AN 8.70 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH l5 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: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12141 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREE- MENT WITH THE OSO-NATIONAL PONY LEAGUE, LEASING TO SAID 050 -NATIONAL PONY LEAGUE A 7.30 ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCT- ING A PONY LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12142 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A PROPOSAL FOR $61,592 FOR SECOND YEAR FUNDING OF THE SENIOR COMMUNITY SERVICES PROGRAM TO THE COASTAL BEND COUNCIL OF GOVERNMENTS, AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN ORDER TO CONTINUE SERVICES TO THE ELDERLY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12143 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE RESIDENTS COMMITTEE OF CAMDEN PLACE TO MAINTAIN AN ORNAMENTAL PLANTING STRIP ALONG CAMDEN PLACE ON AIRLINE ROAD, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A-1"; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting June 26, 1974 Page 7 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12144 APPROPRIATING AND REAPPROPRIATING OUT OF THE 102 GENERAL FUND, ACTIVITY 3327, CODE 501, THE SUM OF $5667.50, FOR ACQUISITION OF PARCEL NO. 9, POLICE STATION EXPANSION, FROM LEWIS TILLEY, ET AL, SAID SUM TO INCLUDE AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, APPRAISER'S COSTS, MOVING, PUBLICATION AND COURT COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. ORDINANCE NO. 12145 APPROPRIATING OUT OF THE NO. 208 AUDITORIUM BOND FUND $6,000 APPLICABLE TO PROJECT NO. 208-72-2, MUNICIPAL AUDITORIUM, FOR ACOUSTICS CONSULTANT SERVICES WITH C. P. BONER AND ASSOCIATES, SAID SERVICES TO BE PROVIDED THROUGH THE CITY'S ARCHITECTURAL CONSULTANTS FOR THE PROJECT, CAUDILL ROWLETT SCOTT/SWANSON, HEISTER, WILSON AND CLAYCOMB, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Tom Gonzales, Lozano and Stark, present and voting "Aye"; Luby, Branch and Ricardo Gonzalez absent. Mayor Pro Tem Acuff called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. Following a brief recess, Mayor Pro Tem Acuff reconvened the meeting and announced the scheduled public hearing on paving assessments for South Staples Street from South Padre Island Drive to Saratoga. City Manager Townsend explained that this is a joint City -State project; that the assess- ment roll includes 63 items which are substantially below what the cost would have been had the project been as voted as a bond funded program. Assistant City Attorney Gerry Miller stated the purpose of the hearing is to comply with the State statute regarding paving assessments; that testimony will be offered from the Director of Engineering and Physical Development and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the Preliminary Assessment Roll, and that the hearing is to form a d5is on which the City Council, acting as a legislative body, would determine and • Minutes Regular Council Meeting June 26, 1974 Page 8 and establish the assessments on the abutting properties. Director of Engineering and Phsyical Development James K. Lontos was interrogated as to his identity, occupation, time of residence in the City, formal education and qualifications as an engineer and his familiarity with the subject project. He filed with the City Secretary a written statement of his qualifications. He presented plans and specifications, explained the nature and extent of the improvements, and pointed out the location on the map the portion of the street to be improved, being South Staples Street from South Padre Island Drive to Saratoga Boulevard. He explained that the project will consist of pavement as per State Highway Department Plans, installa- tion of curb, gutter, sidewalk and reinforced concrete driveways where specified or requested by abutting property owners, and construction of such storm sewers and drains together with all other necessary incidentals and appurtenancesdeemed adequate and as provided in the plans and specifica- tions. He explained that the assessment rates for the concrete portion of the project have been determined in accordance with the present policy of the City and by applying the unit prices obtained by the low bid submitted by Burtex Constructors to the calculated quantities for the improvements abutting the properties, and that the assessments have been made only to the portions of the contract which are to be paid by the City. He stated the Preliminary Assessment Roll reflects the total contract price of $1,148,300.51; State's portion, $603,529.78; City's portion, $511,521.81; Preliminary assessments, $160,678.58; and net cost to the City of $350,848.23. Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City, occupation, experience as an appraiser of various types of real estate, and familiarity with the subject project. He filed with the City Secretary a written statement of his qualifications. He stated he had, within the last week, personally examined each parcel of land involved in the subject project as to the evaluation in relation to the assessments, and in his opinion, each and every parcel would be enhanced in value as a result of the improvements at least to the amount of the assessment, with the exception of four parcels where a drainage ditch crosses South Staples Street. In this situation, he stated property owners gave to the City a 37-1/2 foot strip of land which this ditch crosses, and practically destroyed the use of the property. He stated, in his opinion, the improvements will not increase the valuation of these properties and the assessments on this 37-1/2 feet of frontage should be deducted. The parcels involved and recommended for reduction are as follows: Minutes Regular Council Meeting June 26, 1974 Page 9 Item #22, W. K. Cowling, Lot 1, Tract D, Lokey Subdivision; Item #23, Vaughn Bowen et al, Lot 1, 2 & 3, Block 1, Garvin Addition; Item #55, Duaine A. Davis, Staple Grove; and Item #56, Southwestern Bell Telephone Company, Lot 9, Logan Tract. The following persons appeared and questioned the assessments as they appear on the preliminary assessment roll: Mr. Duaine Davis, 5761 South Staples (Item #55), stated he did not need a 15 -foot driveway as shown on the plans and asked that the width be reduced to 12 feet. He complained of trees which he had planted on the 20 -foot easement having been destroyed without notice to him; that dirt, pipe, and other building materials had been allowed to accumulate in front of his house; and that water stands along the side of his residence because the ditch is not being kept clean. Mr. Marshall Boykin, attorney representing Mrs. Blanch Moore, owner of Lot 9, Block 3 (Item #35), questioned Mr. Carr as to the increase in valuation of this property as a result of the proposed sidewalk, curb and gutter. He stated that for farm usage, these improvements would be useless and would not enhance the value of the property to a potential buyer of the land. Mr. W. A. Krause, owner of Lot 8-A, Block 6, Gardendale No. 1 (Item #48), spoke in opposition to the assessments on this property, stating that when he had applied to the City for a permit to build a building he was told he could have the permit only if this land was re -platted and he gave the City 20 feet of the property for street right-of-way; that he was led to believe he would not be assessed, and he considers this to be "blackmail". He stated he feels he is being discriminated against, sees no justification whatsoever, and if this is the City's policy, then the policy should be changed. Mr. Lontos explained that in this particular situation, which extends all the way to the Cain Drive intersection, there is ten feet of excess right-of-way on some three parcels of land which is not being used for this project and could be returned to the property owners. Mr. Townsend was directed to check Mr. Krause's complaint and report. Mr. Gene Peoples, attorney representing property owners along South Staples Street between Woolridge and Holly Road, asked that they also be included for the return of the ten feet of excess right-of-way. Mr. Peeples did not speak in opposition to the assessments but requested the City's cooperation on whatever basis feasible in getting an adequate sanitary sewer system in this area, and felt it should be done before the streets are paved, • Minutes Regular Council Meeting June 26, 1974 Page 10 Motion by Stark, seconded by Lozano andpassed, that the hearing be closed. Mayor Pro Tem Acuff made a brief report on his trip to Washington D.C. this week where he heard testimony from three Congressmen and representatives of the Department of Interior and Bureau of Reclamation, who introduced the Bill for the location of a dam at Choke Canyon. He reported that it was the general concensus that there would be an early hearing in the summer with favorable results. City Manager Townsend briefly reported on the results of the Texas Water Quality Board hearing held Friday, Saturday and Sunday, at Miller High School. He stated the hearing was recessed with a statement from Mr. Yantis that the hearing would be reconvened at a later date Texas pending information from South/Industrial Services, Inc. and that this information will be submitted directly to the TWQB. He stated the status of the lawsuit is that it is still pending. Mr. Townsend also made a brief report on the Corpus Christi Gas Corporation audit for the year ended December 31, 1973. City Manager Townsend discussed the item of the offer to donate Los Amigos Park to the City and read from the proposed deed certain restrictions against buildings, parking lots and other improvements, submitted by the trustees of the subdivision. He explained that this property is across Ocean Drive from Kush Lane extending 415 feet to one lot north of Amistad Street, and the City would pay only the outstanding paving assessment. He stated among the restrictions set out were that the City would have the right to construct a sea wall or such other structures as may be necessary to prevent erosion and to install landscaping, but that no structure be installed that would obstruct the view from the Bay; the land not to be used for parking of vehicles, and no outdoor cooking facilities such as barbeque pits or picnic tables. Mr. Townsend stated the restriction against picnic facilities is the only condition of concern by the staff. He stated that this document is more acceptable than the one originally submitted, and that a recommendation would be presented next week. Relative to the closing of Kay Street, the Council agreed that the closing and the sale of the 25 foot strip of City -owned property, be conditioned on (a) retention of substitution of side- walk easement; (b) commencement of a project with local Housing Authority participation; and (c) approval by the City Council of public access to the abutting property involved either by platting or other covenants. Mr. Townsend stated this action would be scheduled for Council Agenda on July 10. • Minutes Regular Council Meeting June 26, 1974 Page 11 There being no further business to come before the Council, Motion by Stark, seconded by Lozano and passed, that the meeting be adjourned at 4:45 p.m., June 26, 1974. 1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of June 5, 1974 to June 26, 1974, inclusive, and having been perviously approved by Council action, are by me hereby approved. JAS•ITCUBY, Mayor City of Corpus Christi, Texas