Loading...
HomeMy WebLinkAboutMinutes City Council - 06/22/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 22, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby 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 Senior Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Pro Tem de Ases called the meeting to order in the Council Chambers of City Hall while Mayor Luby was conducting official City business in his office. The invocation was given by the Reverend Danny Howe, Associate Pastor of Calvary Baptist Church. City Secretary Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. *Mayor Luby arrived at the meeting during the roll call. Mayor Luby announced the presentation of the following proclamations: CORPUS CHRISTI MUSEUM DAY - Thursday, June 16, 1977 and CORPUS CHRISTI AREA AMATEUR RADIO WEEK - June 20 through June 26, 1977. Mayor Luby announced the public hearing on the proposed amendment to the Storm Sewer Master Plan for the Flour Bluff area. City Manager Townsend stated that according to the City Charter, a public hearing is necessary for any contemplated changes in the master plans adopted. Mr. Townsend explained that this amendment affects the area northwest of the inter- section of Flour Bluff Drive and Yorktown Road; recent plats of this area have necessitated reevaluation of drainage easement requirements so that the easements are located to prevent severing property; and that the amendment has been approved by the Planning Commission. City Manager Townsend then requested that Mr. James K. Lontos, Director of Engineering and Physical Development, explain the amendment. Mr. Lontos -explained that the area in question is at the intersection of Flour Bluff Drive and Yorktown Road and that the proposed change recommends that the 80 -foot drainage easement in the Master Plan for this section be moved 1200 feet to the north; the change would not adversely affect the drainage of the area; the land MICROFILMEC. SEP 0 31980 Minutes Regular Council Meeting June 22, 1977 Page 2 along Yorktown Road would be improved; and thai the large drainage ditch would require 80 -foot dedication from the property owners. Mr. Lontos further stated that this dedication would require 40 -foot dedication of land from the abutting property owners on each side of the proposed ditch. Mayor Luby inquired.if the property owners concurred with this plan and the necessary dedication of land. Mr. Lontos stated that the property owners had indicated their concurrence, but that there had been some reluctance by the owner of Lots 10-A and 10-B, but this problem had been resolved due to the fact that the 55 -foot dedication required by the original plan had been reduced to 40 feet. City Manager Townsend interjected that this is undeveloped property. Mayor Luby invited comments from members of the audience in regard to the proposed amendment. Mr. Joe McManus, 509 North Water, stated that he is a Realtor representing two of the property owners involved, informing the Council that they had recently purchased the property listed as Lot 10. City Manager Townsend stated that the original owner of the property should have presented an approved plat of the pro- perty prior to the sale. Mr. McManus stated that the owners are in the process of platting the property at this time; they prefer the 40 -foot dedication over the 55 -foot ditch specified in the Master Plan, but the property owners do object to the 40 -foot dedication without compensation. Mr. McManus informed the Council that the two owners he represents are Mr. Raymond Gregory and Mr. Roland Bryant, who own the one-half tract that is nearest the Oso., He stated that these owners possess land that is high and does not require drainage and that they feel that they are going to be required to dedicate property in order to improve drainage on property owned by others, reiterating that they feel some compensation is in order. Mayor Luby questioned the necessity for such a large ditch. Mr. Lontos explained that the excessively sandy soil in Flour Bluff necessitates the wide ditch to provide for 4 to 1 slopes so that the velocity of the water flow in the Minutes Regular Council Meeting June 22, 1977 Page 3 ditch would be slow enough to deter the displacement of sand. Mr. Lontos also stated that the gradual slopes could be mowed by the owners. He compared it to the Flynn -Shea Parkway ditch, which also has a 4 to 1 slope. City Manager Townsend stated that only 30 feet is required for a covered drainage pipe, but this type of drainage is not economically feasible. Mr. McManus expressed the feeling that the City should make citizens aware of plans included in all of their Master Plans. City Manager Townsend stated that this Master Plan was adopted after a public hearing that was well -advertised; most Realtors are aware of the City's master plans; and nearly every engineer in the City is familiar with master plans. Mr. Charles Trefflich, 438 Peerman Place, stated that his family had for- merly owned the property in question and had since 1912, and at the time he sold the land to Mr. Gregory and Mr. Bryant, he had no knowledge whatsoever that any dedication of right-of-way would be required by the City. *Council Member Diaz departed the meeting at 2:40 p.m. Mrs. Carolyn Tinker, 1010 Furman, inquired if the Storm Sewer Master Plan did not include drainage through some type of natural arroyo. Mr. Townsend agreed that proper drainage could be accomplished through a natural arroyo, but pointed out that the reason for the City having a Platting Ordinance is to assure that the owners of property have resolved drainage, sanitary sewer, and other problems prior to the sale of land. No one else spoke at this time in regard to the amendment to the Storm Sewer Master Plan for the Flour Bluff area. Motion by Gulley that the hearing be closed; seconded by Lozano, and passed by the following vote: Luby, de Ases, Gill, Gulley, Lozano and Sample voting "Aye"; Diaz, absent at this time. Council Member Gulley stated that he feels that this is a better plan than the one presently included in the Master Plan, but further indicated that he felt that 40 feet is an excessive amount of land to be dedicated without reimbursement. Minutes Regular Council Meeting June 22, 1977 Page 4 Motion by de Ases that the amendment to the Storm Sewer Master Plan for the Flour Bluff area, as recommended by the Planning Commission and as recommended by the Staff, be approved; seconded by Sample. Mayor Pro Tem de Ases inquired if the City Staff notifies affected property owners when such public hearings are held. City Manager Townsend stated that the hearing was published in the paper as is required by the City Charter. He further assured the Council that when the Master Plan was adopted, nearly all of the engi- neers in the City and those who would be involved were made aware of the Master Plan, and the Master Plan is available in the Department of Planning and Urban Development, the Department of Engineering and Physical Development, La Retama Public Library and in various private engineering offices. Mayor Pro Tem de Ases further inquired if notification is made to property owners when these amendments are adopted, stating that he would like to have a member of the Staff review the possibilities of having each property owner who will be affected by such changes as this notified of the contemplated changes. City Manager Townsend stated that this suggestion has merit and a study will be made by the Staff. He requested Mr. Lontos to investigate the question of record- ing the Master Plan amendment and the establishment of a procedure to notify owners directly affected by a change in the Storm Sewer Master Plan. Mr. David Coover, Jr., Attorney, 3701 Denver, spoke at this time and stated that the owner of the property immediately adjoining the area where changes are proposed may not be aware of the proposed amendment to the Master Plan. Mr. Coover pointed out that under the City's present procedures in regard to amendments such as this, it is possible that the owners affected may not be informed and that such changes would normally affect the marketability of property. City Manager Townsend emphasized that the amended plan is a much better plan for drainage and also pointed out that every owner should be aware of the existence of Master Plans for Sanitary Sewers and for Storm Sewers. - Minutes • Regular Council Meeting June 22, 1977 Page 5 Mayor Luby called for the vote on the motion by Mayor Pro Tem de Ases to approve the amendment to the Storm Sewer Master Plan for the Flour Bluff area. The motion was approved by the following vote: de Ases, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; Diaz absent. Mayor Luby recognized Sergeant Johnny S. Alaniz of the Community Relations Section of the Police Department and requested Mayor Pro Tem de Ases to make a pre- sentation to Sergeant Alaniz. Mayor Pro Tem de Ases provided background information on the award to be presented, stating that two years ago, the Council had proposed to present to citi- zens of the community an award in recognition of distinguished service not job- related. Mr. de Asee at this time presented the award from the City Council to Sergeant Alaniz in recognition of his outstanding participation in community affairs. * * * * * * * Mayor Luby announced the hearing on the appeal of Mr. Robert C. Seeds, Jr. regarding the decision of the Planning Commission on the replat of Lot 6R, Block 10, Schanen Estates West, Unit 10, located at the corner of Woodstone Drive and Locke Lane. Mr. Seeds is appealing the requirement that the corner lot have a 25' setback on both streets. Chief Planner Larry Wenger of the Department of Planning and Urban Develop- ment presented background information on the subject plat and pointed out the pro- perty involved on the zoning map. Mr. Wenger stated that this lot is vacant; this is in a new section of Schanen Estates where homes are being built; and the subject lot is called a reverse corner lot that fronts on Locke Lane. Mr. Wenger further stated that the Platting Ordinance dictates that the building line for the house to be built on such lots should be 25 feet from the front of the property, but that the owner desires to build a house that will not fit on the lot with the 25 -foot setback required; therefore, Mr. Seeds, the owner, has requested a waiver of the requirement. Mr. Anthony Fletcher, attorney representing Mr. Seeds, addressed the Council on this matter and stated that letters had been received by Mr. Seeds from land- owners in this area indicating that they had no objection to the waiver of the e Minutes Regular Council Meeting June 22, 1977 Page 6 setback requirement. Mr. Fletcher presented the Council with a copy of the site plan. *Council Member Diaz returned to the Council Meeting at 2:55 p.m. City Manager Townsend stated that notices of this hearing had been sent to owners of the property in the area and inquired of Mr. Fletcher if letters of no objection had been received from the owners of Lots 8 and 9. Mr. Fletcher stated that they had voiced no objections to the proposal. Mr. Fletcher further stated that he felt that there should be some flexi- bility to the Platting Ordinance, and since there are no objections from residents in the area, he requested that Council approve this replat, which requires a 10 -foot setback rather than a 25 -foot setback for the building line. Council Member Lozano inquired as to why this lot was planned differently from the other lots in the subdivision. City Manager Townsend stated that the developer had platted the subdivi- sion this way, sold the lots in this configuration, laid out the streets with lots facing certain ways, and they had set the setback lines. Mayor Pro Tem de Ases inquired if the owner was aware of the 25 -foot setback line when the lot was purchased. Mr. Fletcher explained that an architect had prepared the plans, and it was not discovered that a 25 -foot setback was required until the plans were sent to the blueprint company. City Manager Townsend pointed out that according to the minutes of the Planning Commission of April 26, 1977, the owner was aware of the 25 -foot setback line when the property was purchased. Mr. Townsend further stated that this parti- cular requirement is designed to protect the owner from the curvein the road and some of the lots are still owned by the developer and it is impossible to know the views of the future owners. Mayor Pro Tem de Ases asked if the appeal is granted and the building line is moved out 15 feet, would this action set a precedent and possibly allow the owners of other lots in the area to request the same variance. City Manager Townsend indicated that this is a possibility. Further discussion in regard to building lines for other lots followed. No one else appeared in connection with this matter. Minutes Regular Council Meeting June 22, 1977 Page 7 Motion by Gulley that the hearing be closed; seconded by Lozano, and passed unanimously. Motion by Gulley that the appeal of Mr. Robert C. Seeds, Jr., be approved and the setback requirement be 10 feet on Lot 6R, Block 10, Schanen Estates West, Unit 10; seconded by Diaz. Motion by Gill that this motion be amended to include Lots 5, 4, 3, 2, 1, 11, 10, 9, 8 and 7 to be allowed the 10 -foot setback instead of the 25 -foot setback. Further discussion followed. Council Member Gill's amendment to Council Member Gulley's original motion was seconded by de Ases. Mayor Luby called for the vote on the amendment to the motion, and it was approved by the following vote: de Ases, Gill, Lozano and Sample voting "Aye"; Luby, Diaz, and Gulley voting "No". City Manager Townsend pointed out that this amendment would require all of the owners of lots on Woodstone Drive, from Locke Lane to Wickersham Drive, to sub- mit an application for change of building line and suggested that the matter be tabled for further study. Council Member Diaz agreed with this suggestion, stating that according to the amended motion, a 10 -foot setback is being imposed on all of those owners. Council Member Gulley stated that he is not in favor of such a setback for the entire neighborhood. Mayor Luby called for the vote on the original motion, as amended, and it was approved by the following vote: de Ases, Gill, Lozano and Sample voting "Aye"; Luby, Diaz and Gulley voting "No". City Manager Townsend stated that the other owners will be notified of the Council action. Mr. Townsend also pointed out that as the matter now stands, the owner of Lot 6R, who had filed the appeal, would not be able to build until all of the property owners had requested the 10 -foot setback, stating that the Staff needs further direction from the Council in regard to this particular lot. Motion by de Ases that the owner of Lot 6R, Block 10, Schanen Estates West, Unit 10, be allowed to build at this time; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting June 22, 1977 Page 8 City Manager Townsend stated that by law this should be presented to the Planning Commission since the Council has issued a policy of approval of the 10 -foot setback. * * * * * * Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and discussion: a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on July 13, 1977 on the following zoning cases: (1) Mr. G. E. Cothran and Mr. M. L. Shuford: "A-1" and "B-1" to "B-1" and "8-4", located north of Horne Road between Crosstown Expressway and Rambler Street. (2) Mr. Modesto Sanchez: "R -1B" to "B-4", located on the southeast corner of Sarita Street and Baldwin Boulevard. (3) Island Supply: "R -1B" to "B-4", located between Greenbay Drive and McIver Street approximately 150' north of South Padre Island Drive. (4) Mr. H. K. Howard, Trustee: "A-2" to "B-5", located on the southeast corner of Carrizo and Comanche Streets. (5) Collins Catering, Inc.: Exception to the Screening Fence Requirement, located between Flour Bluff Drive and McDonald Street, approximately 400 feet north of S. Padre Island Drive. (6) Clifford Jackson Funeral Home, Inc.: "R -1B" to "R-2", located on the north side of Houston Street, approximately 158 feet east of Kostoryz Road. b. Recommendation that the following contracts be awarded for purchase of mowing equipment on the basis of low bid meeting specifications: Gulfside Equipment Company, Inc., Corpus Christi 1 replacement 50 hp tractor with loader for the Park Division 1 additional 40 hp tractor with 3 point hitch for the Wastewater Services Division $ 9,167.75 7,199.00 Ag -Line International, Corpus Christi 1 additional tandem disc harrow for the Wastewater Services Division 949.00 E. L. Caldwell & Sons, Inc., Corpus Christi 1 additional 72" rotary mower for the Wastewater Services Division 842.88 Jones Implement Company, Corpus Christi 1 replacement 60" rotary mower for the Oso Golf Course 294,00 GRAND TOTAL ---- $18,452.63 Regular Council Meeting June 22, 1977 Page 9 The prices include trade-in on replacement equipment. The apparent low bid of $873 by Jones Implement Company on the disc harrow did not meet specifi- cations because it does not provide for 3 -position cutting. Bids were received from 5 firms. Price comparison exclusive of trade-in shows increases ranging from 12.2% to 16.3%. The additional equipment for the Wastewater Services Division will be used to cut grass and weeds at and to prepare and maintain sludge injection areas at several treatment plants. c. Recommendation that replacement golf course and park maintenance equipment be purchased from the following firms on the basis of low bid meeting specifications: Watson Distributing Company, Inc., San Antonio 1 5 -unit gang tractor mower with hydraulic lift for the Park Division 2 60" self-propelled rotary mowers for the Park Div. 1 30" self-propelled reel mower for the Park Division 1 22" self-propelled rotary mower for the Water Division Goldthwaites of Texas, Inc., San Antonio 1 7 -unit reel type gang mower for the Oso Golf Course Ayers Rental Tool Company, Corpus Christi 3 21" rotary mowers for the Park Division GRAND TOTAL $ 8,888.00 3,678.00 999.00 285.46 3,213.00 689.85 $17,753.31 The apparent low bid of $7,819 by Goldthwaites of Texas, Inc. on the 5 -unit gang tractor mower with hydraulic lift is not recommended because the unit has front wheel steering instead of rear wheel steering as specified. The apparent low bid of $643.86 by Garden Equipment Sales, Inc., Corpus Christi, on 3 21" rotary mowers is not recommended because the unit adjusts cutting height by means of a light duty finger tip wheel instead of by bolt as specified. Bide were received from 5 firms. Price comparison, exclusive of trade-in, ranges from a decrease of 6.6% on the 60" self-propelled rotary mowers to an increase of 39.5% on the 5 -unit gang tractor mower with hydraulic lift since last purchase in 1976 and 1973, respectively. d. Recommendation that nine 5" pumper valves for the Fire Department be purchased from J. W. MOON, INC., Philadelphia, Pennsylvania on the basis of low bid meeting specifications of $3,375. Specifications required the valves to be no longer than 7 3/8" so that the valves and suction hose would not extend beyond the running board of the fire truck. The bids submitted by the other six firms provided a valve with a length of 811". The bids ranged from $2,892.99 to $3,436.65. These valves will allow soft suction hose to be pre -connected to the pump for faster hookup to the hydrant at the fire scene. Currently, the Fire Department does not have any of these valves. e. Recommendation that a contract be awarded to Dyna Med, Carlsbad, California for 6 replacement ambulance cots on the basis of low bid meeting specifi- cations of $3,152.17. The apparent low bid of $2,807.24 by Hope Medical Supply, Corpus Christi, did not meet specifications because the fasteners bid are not compatible with the cots. Bids were received from 5 firms. Price comparison shows an increase of approximately 4%. Minutes Regular Council Meeting June 22, 1977 Page 10 f. Recommendation that Tax Roll Adjustments for February 1 through April 30, 1977 be approved as follows: g. Tax Levies, 8-1-76 Previously approved thru 1-31-77 Recommended changes, 2-1-77 thru Tax Levies, 4-30-77 City of Corpus Christi Water District 1976 Levy $16,955,313 (9,866) 4-30-77 (7,145) $16,938,302 Prior Prior Years Years Levies Levies $1,728,527 $22,148 1,445 (25) (3,313) (32) $1,726,659 $22,091 - The decrease in the 1976 levy consists of net decreases of $3,901 in real property and $3,244 in personal property. Significant real property adjustments include $2,250 for properties of 44 taxpayers whose homestead exemptions were approved; $299 for 11 disabled veterans; and $656 for five properties owned by exempt public agencies. Personal property adjustments include decreases of $513 for property of Appropos, Inc. and $217 for property of Swift -Ships when -records were presented, and $410 for property of House of Jeans as being double assessed. Recommendation that the City pay $8,320.83 to Mr. John T. Tucker, developer of Jackson Woods Subdivision Unit 2 for 1/2 of the construction costs for constructing street improvements around the dedicated park in the subdivision located west of McKenzie Road and south of Interstate Highway 37. h. Recommendation that a change order for $280,760.00 be authorized for the Community Auditorium project for installing the passenger elevator; finishing the public and semi-public areas, completing the first level public restrooms and rehearsal room; providing wood veneer for the acoustic clouds and asbestos curtain in the auditorium; adding first floor restrooms, dressing room counters, handicap handrail on the wheelchair ramp, and carbonated drink conduit from the concession area storage room to the concession counter; installing carpet in the semi-public and public areas; and modify -the portable stage extension to allow installation in.two phases. An extension of 60 working days to perform the work is recommended. The change order provides for all the items not included in the contract award except the finishing of the rear stage and service areas such as upper level offices, storage room and dressing rooms and the theater dimming and lighting equipment. It is also recommended that the original carpet allowance of $29,400.00 be deleted and be replaced by this change order. An appropriation of $268,205.60 is requested to supplement previous appropriations for the change order and additional architectural fees. i. Recommendation that the 50 mph speed limit on South Padre Island Drive (Park Road 22), beginning at a point 250 feet east of Lakeside Drive and extending 1680 feet past the east end of the Humble Channel Bridge, be continued to the east City limits line. The change is one of the interim measures recommended by the State Department of Highways and Public Trans- portation to increase safety along the Causeway. Recommendation that bids be received at 11 a.m., Tuesday, July 12, 1977, for the following budgeted items: (1) A self-propelled, vacuum street sweeper and an additional 8-10 ton self-propelled, tandem roller for the Street Division. The vacuum sweeper will have the capacity to clean debris from the right-of-way as well as from the street and will replace a conventional street sweeper. j. (2) A three-year contract for maintenance of temperature control equipment at City Hall, the Utilities Building, the Police Building, the Corpus Christi Museum, International Airport, and La Retama, Parkdale, and Greenwood Libraries. Minutes Regular Council Meeting June 22, 1977 Page 11 k. Recommendation that the jointly -agreed priority list allocating EDA funds between the City of Corpus Christi, West Oso Independent School District and the Flour Bluff Independent School District be submitted to the Economic Development Administration. The first four projects in order of priority are: (1) Horne Road sanitary sewer replacement (2) Construction of classrooms for the West Oso District (3) Vocational education rooms for the Flour Bluff District (4) Staples water main replacement $ 725,000 617,000 782,000 686,000 $2,810,000 1. Recommendation that the 400 Block of Peoples Street, from Mesquite to Chaparral Streets, be closed to vehicular traffic from 9:00 a.m., Saturday, July 2, 1977, to 9:00 p.m., Monday, July 4, 1977, so that the People's Alley merchants may sponsor a fourth of July celebration.• m. Recommendation that the 1200 through 1700 blocks of North Shoreline be closed to vehicular traffic from 8 A.M., Saturday, September 24 to 12 noon Wednesday, October 5, 1977, so that Bayfest '77 can be celebrated. This event will be sponsored jointly by the Corpus Christi Arts Council and the Junior League of Corpus Christi. The event will be held on Friday, September 30 through Sunday, October 2, 1977. The property owners facing North Shoreline Blvd. within the Bayfest '77 site have been contacted and offer no opposition. n. Recommendation that the consulting engineering firm of Callins, Haggard & Associates be retained to prepare final plans and specifications for rehabilita- tion of the air-conditioning system for City Hall. The contract provides for various modifications to the existing system, including installation of a new air cooled unit outside of the City Hall. Engineering cost is estimated at $6,600 for a project cost estimated at $55,000 to $65,000. o. Recommendation that a resolution be passed approving the plan of settle- ment and reorganization of Coastal States Gas Corporation, dated January 24, 1977, and authorizing the City Manager to work with other customers of Lo -Vaca in the implementation of the plan, including preparation of all documents ancillary to the settlement with the exception of final closing papers which will be submitted to the City Council for approval prior to execution. Mayor Luby called for discussion by the Council on the City Manager's Reports. Council Member Sample inquired about Item "j" (2), which pertains to a three-year contract for maintenance of temperature control equipment for a number of City buildings and asked about the estimated cost on an annual basis. City Manager Townsend informed him that the annual estimate is approximately $5,800 and that at the present time, two companies, Powers and Honeywell, have the contracts for this maintenance. Council Member Gill stated that she is opposed to Item "n", which proposes rehabilitation of the air-conditioning system for City Hall and quoted from an arti- cle in the Corpus Christi Caller of Saturday, June 18, 1977, by John Stallings. In Minutes Regular Council Meeting June 22, 1977 Page 12 the article, Mr. Stallings stated that an Austin man had suggested to a member of President Carter's staff that it would be appropriate, even patriotic, for men to abstain from wearing coats and ties during the course of the business day in June, July and August. Council Member Gill suggested that the Council Members follow this and eliminate the necessity for rehabilitating the air-conditioning system. Mayor Luby stated his objections to this suggestion. Mayor Luby called for discussion from the audience on the City Manager's Reports. Ms. Debbie Dumphy, 5309 Sugar Creek, spoke in regard to Item "i", which recommends the reduction of the speed limit on South Padre Island Drive to 50 mph. Speaking as a member of the Traffic Safety Advisory Board, pointing out that such recommendations are usually presented to that Board before being recommended to the Council, but indicated that she feels sure that the Board would concur with the recommendation. She suggested stipulations of her own, stating that unless more funds are allocated for law enforcement officers to patrol this area to enforce the speed limit, this reduction would not help the situation. BMs. Dumphy further stated that speed is not the only contributing factor to the numerous accidents at this location and emphasized that the primary cause of the fatal accidents is driving while intoxicated. She suggested that this Council pass a resolution urging the State Legislature to approve more stringent laws to combat DWI cases. Council Member Sample indicated that the Council is concerned about this and during the morning Workshop Meeting had considered the possibility of a further reduction of the speed limit, but this'recommendation was from the State Department of Highways and Public Transportation. Mr. Clifford Cosgrove, 3302 Olsen Drive, spoke in regard to Item "k", par- ticularly as it relates to Horne Road sanitary sewer replacement. He stated that this problem has existed for some time and needed to be alleviated as soon as pos- Bible, and questioned how soon this work would be accomplished. City Manager Townsend stated that the City had been assured of obtaining these EDA funds, and the Horne Road sanitary sewer replacement, from Ayers Street Minutes Regular Council Meeting June 22, 1977 Page 13 to Kostoryz Road, should be under contract within 60 to 75 days. Council Member Gill inquired if anything could be injected into the sewer line at this location to help eliminate the odor as a temporary measure. City Manager Townsend stated that he feels that everything possible has been done, but this suggestion will be considered and if any further action is possible, it will be taken. Mr. Benny Benavides, 2421 Cleo, stated that as a new member of the Traffic Safety Advisory, it was his understanding that the Chairman was designated to pre- sent the views of the entire Board, rather than individual members. Mr. Pat Judd, 318 Westgate, speaking in regard to Item "i", stated that he agrees with the reduction of the speed limit on this portion of South Padre Island Drive and also pointed out the need for a traffic light at the intersection of South Padre Island Drive and Park Road 53 (which is the road to Port Aransas). Council Member Diaz informed Mr. Judd that this is outside the city limits and the City of Corpus Christi has no jurisdiction over the area. Mayor Luby sug- gested to Mr. Judd that he contact County Commissioner J. P. Luby in regard to this request. Mayor Luby inquired about Item "o", which recommends a resolution to be passed approving the plan of settlement and reorganization of Coastal States Gas Corporation. City Manager Townsend stated that this has been discussed for the past two weeks; there is no new information on the matter; the resolution is basically the same as the one that was presented to the Council two weeks ago; and he assured the Council that final papers will be presented to the Council before they are executed. Mayor Luby voiced his strong opposition to this out-of-court settlement, stating that he is totally opposed to such a resolution since the settlement con- sists of a "rip-off" by Oscar Wyatt and Coastal States Gas Corporation. Mayor Luby reiterated that legal action should be pursued by the City of Corpus Christi against Coastal States, stating that he feels certain the City could win such a case. He also pointed out that Mayor Lila Cockrill of San Antonio had agreed to this settle- ment because shelled been assured that the new company will be headquartered in San Minutes Regular Council Meeting June 22, 1977 Page 14 Antonio, which city will benefit from the large payroll and other expenses generated, and Corpus Christi will not have this advantage. City Manager Townsend stated that all of the changes suggested have been incorporated in the document. Council Member Diaz commented that if the City of Corpus Christi did file a suit against Coastal States Gas Corporation, and if they did win such a suit, it would represent a "hollow victory" because there would be no funds to reimburse the City for damages and the City would probably be without a source of gas. Mayor Luby stated that he had many times before urged the City to find a new gas supplier. City Manager Townsend pointed out that the City has a contract with Coastal States, and if the contract is canceled by the City, we would liable for damages, because there has not been a failure on the part of the contractor to supply gas. Mr. Townsend also stated that the City has no other source to attempt to obtain another gas supplier. Motion by de Ases that the City Manager's Reports, Items "a" through "o" be approved; seconded by Gulley, and passed by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye" on all items; Luby voting "Aye" on all items with the exception of Item "o"; and Gill voting "Aye" on all items except Item "n". City Manager Townsend presented the ordinances for consideration of the Council. Before the vote was taken on the ordinances, Mayor Luby stated that he intended to veto Ordinance No. 13784, approved on third reading June 15, 1977, which appropriates $30,850 out of the Airport Bond Fund for caliche and asphalt to provide an additional 125 parking spaces at International Airport. Mayor Luby presented the following written veto addressed to the City Council of the City of Corpus Christi: "I hereby return Ordinance #13784 unsigned along with my veto under Article II, Section 6. "The purpose of the veto is that the City maintenance crews should be working on City streets and not building parking lots at the Inter- national Airport. Minutes Regular Council Meeting June 22, 1977 Page 15 "Further, the City of Corpus Christi should be out of the construction business and we should leave construction to private enterprise." /s/ Jason Luby, Mayor Motion by de Ases that the Council override the Mayor's veto of Ordinance No. 13784; seconded by Sample, and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". Mayor Luby called for the vote on the ordinances, and City Secretary Read polled the Council. The following ordinances were approved by the vote indicated: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 19-172, REINSPECTION FEES, OF ARTICLE VI, MILK AND MILK PRODUCTS, TO PROVIDE FOR NEW SCHEDULE OF FEES FOR INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 19-180, DEFINITIONS, OF ARTICLE VII FROZEN DESSERTS, SO AS TO ADD DEFINITION OF MOBILE UNIT; ADDING A NEW SECTION, 19-193, INSPECTION FEES, SO AS TO PROVIDE FOR INSPECTION OF FROZEN DESSERTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". FIRST READING: FINDING THAT THE BAYFEST 77 ON SEPTEMBER 30 THRU OCTOBER 2, 1977 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF NO. SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 A.M. SATURDAY, SEPTEMBER 24, 1977 TO 12:00 NOON WEDNESDAY, OCTOBER 5, 1977, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF TIE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC: AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION, AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 22, 1977 Page 16 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON THE NORTH SIDE OF SOUTH PADRE ISLAND DRIVE, FROM 100 FEET EAST OF THE RIGHT-OF-WAY LINE OF STONE STREET TO THE EAST RIGHT-OF-WAY LINE OF WEAVER STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to_ its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". SECOND READING: AMENDING THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI, AS ADOPTED BY ORDINANCE NO. 12604, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 23, 1975, BY AMENDING SEC- TION I-7 OF APPENDIX I THEREOF, BY ADDING A NEW PARAGRAPH TO BE NUMBERED "g" SO AS TO PROVIDE FOR EXCEPTIONS FOR MOBILE HOME TIE DOWNS ON DEALER LOTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION BY NOTICE. The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill abstaining. SECOND READING: AMENDING SECTION 13-74, SUPERVISION OF AND'RESPONSIBILITY FOR WORK, OF ARTICLE III, ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO HEREAFTER PROVIDE FOR UP TO THREE (3) APPRENTICES TO BE PER- MITTED TO WORK UNDER THE ON-SITE SUPERVISION OF A MASTER OR JOURNEYMAN ELECTRICIAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby and Gill voting "No". THIRD READING - ORDINANCE NO. 13798: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH SOUTHWEST AIRLINES CO. SO AS TO INCLUDE THE INSTALLATION AND MAINTENANCE BY SOUTH- WEST AIRLINES CO. OF A PASSENGER ACCESS/JETWAY AT AN ANNUAL RENTAL OF $120, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13799: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN T. TUCKER, DEVELOPER OF JACKSON WOODS SUBDIVISION UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER OF ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK ABUTTING RICHMOND STREET AND FAIR OAKS STREET IN THE JACKSON WOODS SUBDIVISION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $8,320.83 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-41; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 22, 1977 Page 17 ORDINANCE NO. 13800: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 14 TO THE CONTRACT WITH LANPHIER CON- STRUCTION COMPANY FOR IMPROVEMENTS TO THE CORPUS CHRISTI COMMUNITY AUDITORIUM, SAID CHANGE ORDER TO PROVIDE FOR VARIOUS IMPROVEMENTS TO THE AUDITORIUM AS APPROVED IN THE BALLOT PROPOSITION OF JUNE 26, 1976, ALL AS MORE FULLY SET FORTH IN SAID CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $268,205.60 OUT OF THE NO. 209 COMMUNITY CONVENTION FACI- LITY BOND FUND TO SUPPLEMENT PREVIOUS APPROPRIATIONS ON THE AUDITORIUM PROJECT, AND TO COVER THE COST OF THE CHANGE ORDER AND ADDITIONAL ARCHITECTURAL FEES APPLICABLE TO PROJECT NO. 209-76-7, AUDITORIUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol -r lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13801: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING DESIGNATION OF SPEEDS ON PARTS OF SOUTH PADRE ISLAND DRIVE AND IN LIEU THEREOF ADOPTING NEW PROVISIONS FOR SPEED LIMITS OF 50 MPH AT ALL TIMES ON SOUTH PADRE ISLAND DRIVE (PARK ROAD22) FROM A POINT 250 FEET EAST OF LAKESIDE DRIVE CENTERLINE TO THE EAST CITY LIMITS LINE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13802: FINDING THAT FESTIVITIES CELEBRATING THE FOURTH OF JULY BY PEOPLE'S ALLEY MERCHANTS, ON JULY 2 THROUGH JULY 4, 1977, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK OF PEOPLES STREET TO VEHICULAR TRAFFIC FROM 9 A.M., SATURDAY, JULY 2, TO 9 P.M., MONDAY, JULY 4, 1977, FOR SAID FESTIVITIES SPONSORED BY THE PEOPLE'S ALLEY MERCHANTS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PER- MITS 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; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13803: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CALLINS, HAGGARD & ASSO- CIATES, INC., CONSULTING ENGINEERS, FOR THE PREPARATION OF A PRELIMINARY ENGINEER- ING DESIGN REPORT AND PLANS AND SPECIFICATIONS FOR THE MODIFICATION AND REPLACEMENT OF THE CITY HALL AIR CONDITIONING SYSTEM, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $6,600 FROM THE NO. 102 GENERAL FUND, ACTIVITY 3291, CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 22, 1977 Page 18 FIRST READING: APPROVING THE JANUARY 24, 1977, SUMMARY OF SETTLEMENT AND REORGANIZATION PLAN FOR COASTAL STATES GAS CORPORATION AND ITS SUBSIDIARIES AND STOCKHOLDERS AND THE CITY OF CORPUS CHRISTI AND OTHER CUSTOMERS OF LO-VACA GATHERING COMPANY AS THE BASIS FOR SETTLEMENT OF LITIGATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". Mayor Luby called for petitions or discussion from members of the audience. Ms. Sylvia Foran, 4224 Ocean Drive, addressed the Council at this time and expressed appreciation to the Council for their support of Bayfest '77. Me..Foran presented members of the Council with Bayfest T-shirts. No one else addressed the Council. City Manager Townsend reminded the Council of the Coastal Bend Council of Governments meeting to be held on June 24, 1977, and the TRW luncheon at the Corpus Christi Country Club at 11:30 a.m. Friday, June 24, 1977. City Manager Townsend also informed the Council that Phase 1 of the Corpus Christi Beach restoration project is almost completed. Mayor Pro Tem de Ases sug- gested that the Council visit the area to inspect the improvements. There being no further business to come before the Council, on motion by Sample, seconded by de Ases, and passed unanimously, the meeting was adjourned at 4:25 p.m. June 22, 1977.