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HomeMy WebLinkAboutMinutes City Council - 06/03/1977 - SpecialMINUTES CITY OF CORPUS CHRISTI, TEXAS SPECIAL COUNCIL MEETING JUNE 3, 1977 6:00 P.M. PRESENT: Mayor Pro Tem Eduardo E. de Ases Council Members: * David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. * Edward L. Sample City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall in the absence of Mayor Jason Luby who was 111. • present. City Secretary Bill G. Read called the roll and stated that a quorum was It was the concensus of the Council that the order of the agenda be changed because some of the cases may require five or more votes to override the Planning Commission's recommendation. * Council Members Diaz and Sample arrived at this time. Mayor Pro Tem de Ases stated that the purpose of the Special Meeting was to hear zoning applications and he requested that the City Manager present the cases for consideration. City Manager Townsend announced the public hearing on Application #377-14, Mr. Ismael Guerra, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 20B and 20C, Block 3, Gardendale No. 1, located on the east side of Everhart Road, approximately 300 feet south of Bonner Drive. City Manager Townsend informed the Council that the Planning Commission and the City Staff have recommended approval of this change of zoning. Notices of the public hearing were mailed and one letter in favor of the change was received. None in opposition were received. Chief Planner Wenger presented the land use and zoning map of the area. No one spoke in opposition. Motion by Lozano that the hearing be closed; seconded by Diaz and passed unanimously. IN ILMED, SEP 0 31980 yes Special Council Meeting June 3, 1977 Page 2 Motion by Lozano that the recommendation of the Planning Commission be accepted; seconded by Diaz, and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano, and Sample voting "Aye"; Luby absent. City Manager Townsend reviewed Application #C377-16, City Landmark Commission, to designate "HC" Historical -Cultural Landmark Preservation District on Lots 1, 2, and 3, Block 70, Beach Addition, located at the northwest corner of N. Chaparral Street and Resaca Street. He reported that the Planning Commission's recommendation was for approval, but that the Planning staff recommends tabling the request until the disposition of the Gugenheim House located on Lot 4 to the north. He added that the basis of this recommendation was that at this time there are no firm commitments on whether the Camp Fire Girls will restore the Gugenheim House. He stated that the Camp Fire Girls have some time between the second and final reading of the ordinance to develop and submit a final restoration plan before the lease agreement is finally approved by Council. City Manager Townsend further added there had been no response to notices of the public hearing; either in favor or in opposition. Chief Planner Larry Wenger presented background information and pointed out the area involved on the zoning map. Council Member Gulley questioned the necessity for "HC" zoning of the location since it is still considered to be City property. He said he felt the Camp Fire Girls should restore the Gugenheim House before the location is designated "HC". Council Member Gulley then moved that the Application #C377-16, City Landmark Commission, to designate "HC" zoning be tabled for six months. It was seconded by Council Member Lozano. (No vote was taken.) Mayor Pro Tem de Ases called for discussion from the audience regarding the application. Speaking in favor of this application, Mr. Larry Adams, member of the Landmark Commission and speaking on their behalf, requested the full -hearted support of the Council for "HC" zoning of these lots now rather than later for a two -fold reason: (1) The Camp Fire Girls would like to know that they have "HC" zoning before they pursue this endeavor, (2) Currently, there is nothing on Lot 6. The Sidbury House was located on Lot 6. Lot 6 is currently zoned "HC". The Landmark Commission is asking that Lot 1 be zoned "HC" as is Lot 6 because they believe this would add to the setting of the entire park by providing more green area. He :s Special Council Meeting June 3, 1977 Page 3 further added that the Council be consistent -- that if "HC" zoning is designated on Lot 6 the same should apply for Lots 1, 2, & 3. He said that he is not proposing that Lot 6 be removed from "HC" but that Lots 1 through 6 coincide to add more "greenery". Council Member Gulley remarked that he still does not understand the reason for zoning City property "HC" when the land is under the control of the City. Mr. Larry Adams closed by saying that he does not see any harm in consistency. Mr. Myron Grossman, 525 So. Shoreline, member of the Landmark Commission also spoke in favor of the application stating that the whole concept is to get three houses evenly spaced in this area -- the Sidbury House, the Lichenstein House, and now the Gugenheim House. He added that the Council has indicated to the Camp Fire Girls that they will be able to take over the Gugenheim House. The Camp Fire Girls have indicated their good faith by spending several thousand dollars by paying for the moving of the house. He stated that the Landmark Commission's main concern is that the historical area be preserved in total. He believes that putting these three homes together will not take anything away from the City but will enhance the area for the City of Corpus Christi and visitors that come in. Mr. Grossman added that the Landmark Commission is not asking that the City give up anything but are simply asking that they be given "HC" zoning so that they can complete their plans and move on to another project. Council Member Gulley stated that all of the things Mr. Grossman pointed out are covered by the lease. He added that zoning could be changed at any time so if Mr. Grossman was thinking that "HC" zoning would protect it from some future ruling; there was no real guarantee against it. Mrs. Roger Bateman, 1015 Luxor, Member of the Board of Directors of the Camp Fire Girls, spoke at this time urging "HC" zoning on this property because of the money and the hard work the Camp Fire Girls have done. She added that clustering of the three houses provides an attraction to tourism and revitalizes the downtown Corpus Christi area. Council Member Sample stated he agrees with Council member Gulley -- that the restoration project be completed before "HC" zoning since he really does not foresee any problems once the lease has been drawn out and proven to be satisfactory. 1 :s Special Council Meeting June 3, 1977 Page 4 Council Member Gill expressed her feelings regarding "HC" zoning and stated that the Council should have faith in the Landmark Commission members whom they appointed. She added the Council had shown great faith in the Junior League by granting them "HC" zoning for their restoration project and feels the Council should extend the same courtesy to the Camp Fire Girls. Mrs. Laura Rodriguez, member of the Landmark Commission, spoke at this time in favor of "HC" zoning. She added the Landmark Commission, had worked along with the Junior League restoration project and had received a great deal of satis- faction with the results of their project. She would like to see the entire block "HC" zoned for historical purposes. She added that after the homes are restored it will enhance the whole area. She urged the City Council to take action now and not wait until later. No one appeared to speak in opposition to the application. City Manager Townsend said he would like to point out that if the Council agrees to "HC" zone the area now and the project not be approved, it would be possible to change the zoning at a later date at the City's request. Motion by Gulley that the hearing be closed; seconded by Lozano and passed. Motion by Gulley that Application #C377-16, City Landmark Commission, be tabled for six months. Motion died for lack of second. Motion by Sample to accept the recommendation of the Planning Commission for approval of HC zoning; seconded by Diaz and passed by the following vote: de Ases, Diaz, Gill, Lozano, and Sample voting "Aye"; Gulley voting "Nay"; Luby, absent. City Manager Townsend then proceeded with the public hearing on Application #377-17, Oak Harbor Associates, for a change of zoning from "F-4" Farm -Rural District to "R -1B" One -family Dwelling District on the North half of Lots 13, and 14, Section 41, Flour Bluff & Encinal Farm and Garden Tracts, located along the south side of Graham Road, approximately 600 feet west of Flour Bluff Drive. Mr. Townsend stated that the Planning Commission and the Planning Staff recommend approval. Mr. Townsend said that five responses have been received in favor of the zoning change. Chief Planner Wenger then showed slides of the area and reviewed the land use and zoning map. r. es Special Council Meeting June 3, 1977 Page 5 Mayor Pro Tem de Ases inquired about Chief Planner Wenger's comment on the , presentation that there was some reluctance on some of the staff to recommend approval. Chief Planner Wenger replied that the staff's reluctance was due to the long narrow lots. He added the staff could see some problems along the way in the future if they wanted larger lots as there would be no way they could be subdivided. Mr. Wayne Lundquist, Jr., applicant, explained that the reason the lots had been platted long and narrow was simply because of flexibility. He added that the narrowest lot is 240' x 600'. He stated as of now, they have four or five septic tanks in that area adding they would rather have sewer service but that the septic tanks are adequate. He stated that they have set restrictions on the sale of the lots, drawn up by the Corpus Christi Title Company, and that they're hoping that this will turnout to be very similar to Corpus Christi Country Club Estates. No one spoke in opposition. Motion by Lozano that the hearing be closed; seconded by Diaz and passed unanimously. Motion by Gulley to accept the Planning Commission's recommendation; seconded by Lozano. Motion passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano, and Sample voting "Aye"; Luby, absent. City Manager Townsend then announced the public hearing on Application #377-12, Mr. Morris Lichtenstein, Jr., for a change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 7 and 8, Block 2, Furman Addition, located at the southeast corner of South Carancahua Street and Furman Avenue. Mr. Townsend stated that the Planning Commission and the Planning Staff both recommend denial, but that a special permit be approved for a parking lot subject to a satisfactory site plan encompassing an appropriate screening fence, landscaping.and lighting. He added that seven letters were returned in opposition and two in favor of the zoning request. Chief Planner Wenger then showed slides of the area and reviewed the land use and zoning map. Council Member Gulley inquired whether the people whose notices were received in opposition were really opposed to the zoning change and not to the parking lot. .es Special Council Meeting June 3, 1977 Page 6 Mr. Bill Sweetland, representing the applicant, explained that his client owns all of Block 2, located across the alley to the east and is converting several older homes into apartment units. They propose to construct a parking lot on the subject property to accomodate the apartments. He explained that there is a great amount of foliage in the yards of these older homes and in order to comply with City parking requirements, most of the foliage would have to be removed and the area paved which would detract from the structures. He stated that their proposal would save the foliage and make use of the property. The greenery and trees presently on the subject site will be preserved and additional landscaping will be provided to screen the parking lot area. Mr. Sweetland further pointed out that this area is in transition and should probably be rezoned; however, they would be willing to accept a special permit. Council Member Lozano asked whether the site plan for the parking lot had been submitted and approved and"Chief Planner Wenger replied that a site plan has been submitted to the Planning Staff which meets the requirements of the Zoning Ordinance. Mr. Paddy G. Lann, Jr., 823 So. Water, Apt. 3F, spoke in opposition to applicant's request for change of zoning from "A-1" to "B-1"; however, he added he was not opposed to a special permit for a parking lot. Motion by Lozano that the hearing be closed; seconded by Diaz and passed unanimously. Motion by Gulley to approve the recommendation of the Planning Commission that the application be denied, but in lieu thereof a special permit be approved for a parking lot subject to a satisfactory site plan encompassing an appropriate screening fence, landscaping and lighting; seconded by Diaz and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano, and Sample voting "Aye"; Luby, absent. Council Member Gulley said he would like to add that the applicant is doing a good job in saving the foliage and preserving the greenery and trees presently on the site and felt Mr. Bill Sweetland was responsible for all this and should be commended. :es orocial Council Meeting June 3, 1977 Page 7 f Mayor Pro Tem de Ases inquired as to the procedure of the mailing of public hearing notices and wondered if it would create a great deal of problems on the part of the staff if the Planning Commission's recommendation would be added to the notices sent out prior to the City Council meeting. He is most particularly interested in the cases where the Planning Commission's recommendation is to deny the change in zoning but recommends approval of special council permits in lieu. He felt this would prevent a person, such as Mr. Lann who is against the zoning change but not opposing the special permit from having to attend the meeting which probably kept him from something more important. City Manager Townsend said it wasn't a matter of it creating a problem on the part of the staff but that it would be a problem from a legal standpoint insofar as a property owner would lose their chance to oppose. He reminded the Council also that they don't always grant the special permits; and again, other action might be taken on the application. City Manager Townsend next announced the public hearing on Application #377-15, Walter H. and Billie Dee Clark Fahrenthold, for a change of zoning from "R -1B" One family Dwelling District to "B-1" Neighborhood Business District on Lot 19, Block 3, Gardendale No. 1, located on the north side of Cain Drive, approximately 102 feet east of Everhart Road. Mr. Townsend stated that the Planning Commission's recom- mendation is that the application be approved on the northeastern 150 foot portion but that it be denied on the southwestern 150 portion of this tract; and that in response to notices of the public hearing, four letters in favor of the change were received. None in opposition were received. Chief Planner Larry Wenger presented background information and pointed out the area involved on the zoning map of the area. City Manager Townsend stated he strongly recommends against any increase in traffic on Cain Drive. Mayor Pro Tem de Ases asked for any questions or comments from the audience. No one spoke in opposition. Mayor Pro Tem de Ases then called for the applicant to make his presentation. Mr. Ralph Cobb, 5333 Everhart Rd., representing the applicant, spoke strongly urging "B-1" zoning for all of Lot 19, Block 3 not just on the northeastern 150 foot portion of it. Mr. Cobb stated that in his opinion, the City Planning staff's recommendation was an unreasonable one as they wanted a buffer zone to protect the 1 es Special Council Meeting June 3, 1977 Page 8 residential neighborhood; that the sole access to the front portion of this tract would be from Cain Drive; and they indicated Cain Drive did not have curbs and gutters. He added that the property in question is on Cain Drive which is an extension of the property from Bonner Drive and has already been zoned. In his opinion, the logical extension of "B-1" zoning should connect with the rest. Council Member Gulley asked Mr. Cobb if the property he was talking about had access to Bonner Street and Mr. Cobb replied that the business has not yet been established but that there are other businesses that are there and do have access to Bonner. Council Member Gulley then asked Mr. Cobb how many businesses were on side streets that also have access to Everhart. Mr. Cobb said there were several namely, "the Burger Chalet", a dentist office, and some others. He went on to say that all the properties on the east side of Everhart in the Gardendale area are on curbs and gutters. He said that the subject property is not on curbs and gutters but that there was nothing in the City ordinance that said you have to have curbs and gutters to have a business. He added that a Taco Bell restaurant will be constructed shortly on Lot 10A on the northeast corner of Everhart and Cain Drive and it was reported that a Der Wiernerschnitzel restaurant will be constructed on the southeast corner of. Bonner and Everhart. He stated that they propose an Interior Decorator's Shop and negotiations are underway with two prospects. In conclusion, he urged to have all of Lot 19, Block 3 zoned "8-1". Council Member Sample asked Mr. Cobb if negotiations with the two prospects proved to be unsuccessful would his plans for the Interior Decorator Shop change. Mr. Cobb responded by saying they probably would change. Mr. Walter F. Fahrenthold, 4810 Cain Drive, applicant stated that the property was acquired in 1939. At chat time, there were no paved streets, no lighting, and no sewer system. Since the City has annexed this property, it has come to be a development which is designed by mostly commercial interests and it is his desire to go along with the trend of business zoning. Mr. Bob Morgan, representing Mr. Gilmore who is purchasing front lots on Everhart and the backhalf of Lot 19 presented the Council with a site plan of the building he plans to build there and stated that if the request for "B-1" zoning is not approved, they would have to offset 10' off the property line because of residential zoning. He added that their building would probably be adjoining the Taco Bell restaurant coming up in the near future. es Special Council Meeting June 3, 1977 Page 9 Council Member Diaz inquired as to how Mr. Morgan had ascertained that a Taco Bell restaurant was going up and Mr. Morgan.replied that Mr. Joe Adame, one of the owners had approached him for permission to remove some oleanders and greenery that is in the way of the upcoming business. City Manager Townsend asked Mr. Morgan if it would affect his site plan any if they would offset their business 10' and add a driveway on the other side. Mr. Morgan stated the business could probably be moved but not 10' because of the utility easement. Mr. Wayne Lundquist, Jr. spoke at this time stating that his office is on Everhart just two blocks down from the subject tract and the traffic at 5 o'clock is unbelievable. He added he would like to have access of traffic going into Cain Drive instead of Everhart. City Manager Townsend pointed out that the reason for the staff's recommen- dation on zoning is because traffic on Everhart is well past the point of saturation. He added he strongly recommends against any new business whose traffic flow would go into Everhart as it is already congested. Council Member Diaz asked Mr. Cobb if he foresees anything else other than an Interior Decorator business. Mr, Cobb responded he might possibly even put a real estate office if the decorator business falls through. Motion by Lozano that the hearing be closed; seconded by Gulley and passed unanimously. Motion by Council Member Gill that the Council concur with the Planning Commission's recommendation that the request be approved on the northeastern 150' portion but that it be denied on the southwestern 150' portion of tract. Council Member Sample asked Mr. Cobb what the area of space was that would be left unzoned and Mr. Cobb replied that it would be 132' x 150'. Mayor Pro Tem de Ases reminded the Council that a motion had been made to accept the Planning Commission's recommendation. Motion died for lack of second. Motion by Council Member Diaz that Application #377-15, Walter H. & Billie Dee Clark Fahrenthold be carried on the total lot or as requested. Motion died for lack of second. Motion by Sample to accept the Planning Commission's recommendation; seconded by Gill and passed with Luby, absent. City Manager Townsend then presented the ordinances on the foregoing five zoning cases; all passed as follows: s Special Council Meeting June 3, 1977 Page 10 ORDINANCE NO. 13769: 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 N0. 6106, AS AMENDED, UPON APPLICATION OF MORRIS LICHTENSTEIN, JR. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A PARKING LOT ON LOTS 7 AND 8, BLOCK 2, FURMAN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EITICT 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: de Ases, Diaz, Gill, Gulley, Lozano, and Sample voting "Aye"; Luby, absent. ORDINANCE NO. 13770: 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 ISMAEL GUERRA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20B AND 20C, BLOCK 3, GARDENDALE NO. 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM 1'R --1B" ONE FAMILY DWELLING DISTRICT TO "B-1" 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: de Ases, Diaz, Gill, Gulley, Lozano, and Sample present and voting "Aye"; Luby, absent. ORDINANCE NO. 13771: 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 WALTER H. AND BILLIE DEE CLARK FAHRENTHOLD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 19, BLOCK 3, GARDENDALE NO. 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT 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: de Ases, Diaz, Gill, Gulley, Lozano, and Sample present and voting "Aye"; Luby, absent. ORDINANCE NO. 13772: 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. 12315, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 16, 1974, BY AMENDING THE ZONING MAP BY DESIGNATING AS "HC" HISTORICAL CULTURAL LANDMARK LOTS 1, 2, AND 3, BLOCK 70, BEACH ADDITION, TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE HISTORICAL -CULTURAL LANDMARK DESIGNATION, IN ADDITION TO THE PRESENT ZONING DESIGNATION ON SAID PARCEL OR TRACT; KEEPING INEFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING 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: de Ases, Diaz, Gill, Lozano, and Sample present and voting "Aye"; Gulley voting "Nay", Luby, absent. ces Special Council Meeting June 3, 1977 Page 11 ORDINANCE NO. 13773: 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 OAK HARBOR ASSOCIATES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE NORTH ONE-HALF OF LOTS 13 AND 14, SECTION 41, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE FAMILY DWELLING 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: de Ases, Diaz, Gill, Gulley, Lozano, and Sample present and voting "Aye"; Luby, absent. City Manager Townsend presented the following City Manager's Reports which had been added to the agenda as an emergency item: a. Recommendation that the City accept the offer of Edaburn International to provide five extra rims to offset any inconvenience which might otherwise be caused by the factory providing 10 lug hole wheels rather than 6 lug hole wheels as specified and the offer of Wayne Strand Pontiac of providing 10 gallons of gasoline with each car to offset any difference which might exist in fuel economy between the 350-375 cubic inch motor as specified and the 400 cubic inch motor provided by the factory in the vehicles now in Corpus Christi ready for delivery. City Manager Townsend called Assistant City Manager Archie Walker to explain the situation. Assistant City Manager Walker said the new cars were ordered for the Police Department and were provided by'Wayne Strand Pontiac. He added that the engine size had been specified to be between 350 and 375 cubic inches on the theory that the smaller engines would use less gasoline. However, the cars arrived from the factory with a 400 cubic inch engine. Mr. Walker stated that the City had tried to reduce the size of the vehicle to reduce the size of the engine. He further stated that the same mistake had been made last year and that the Council had accepted the change then, but that the City did not expect it to happen again. Mr. Walker said the cars were designed at the factory to have 400 cubic inch engine and that factory representatives claimed that the Environmental Protection Agency has rated the 400 cubic inch engine as getting the same mileage as a 350 cubic inch engine, an average of 17 miles to the gallon. Council Member Sample expressed his opinion that the President says that the people have got to be concerned about energy conservation and here the City is buying big engines. He further stated that the City is being asked to pay for something that the City did not order. t Sp__�al Council Meeting June 3, 1977 Page 12 City Manager Townsend then said it would be very costly to reject the cars at this time as the Police Department needs them right away. He stated that these cars were ordered to replace cars that are "shot", both bodywise and enginewise. Assistant City Manager Walker said he had talked with Wayne Strand, president of Wayne Strand Pontiac and that he had offered the compromise of including 10 gallons of gas with each car. Council Member Sample urged Assistant City Manager Walker that the same mistake not happen when cars are ordered again next year. Council Member Diaz said he would like the minutes to reflect that he is for energy conservation and shares Council Member Sample's concern; that he does not approve of this but that the City is in a position of accepting the cars or face a worse situation. Motion by Diaz that this recommendation be approve; seconded by Gulley and passed unanimously. There being no further business to come before the Council, motion by Diaz, seconded by Sample, and passed unanimously, the Special Council Meeting was adjourned at 8:28 p.m., June 3, 1977.