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HomeMy WebLinkAboutMinutes City Council - 10/26/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING . OCTOBER 26,.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 City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber in the temporary absence of Mayor Jason Luby who was conducting official City business in his office. The invocation was given by the Reverend Clifford Taylor of Central Christian Church. Mrs. Dorothy Zahn called the roll of the required Charter Officers in the absence of City Secretary Bill G. Read, who was enroute to Washington, D.C., on City business, and stated that a quorum was present to conduct a legally consti- tuted meeting. Motion by Lozano that Dorothy Zahn be appointed to serve as Acting City Secretary for today's meeting; seconded by Diaz and passed unanimously. *Mayor Luby arrived at the meeting at 2:07 p.m. ' Motion by Diaz that the minutes of the Regular Council Meeting of October 5, 1977 be approved as presented; seconded by Sample and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No" since he had not had an opportunity to read the minutes. Mayor Luby announced the issuance of the following proclamation: "TELE- PHONE PIONEER DAY" - November 2, 1977. The following City employees were presented 30 -year pins by Mayor Luby: EMPLOYEE DEPARTMENT POSITION Mr. Bo Roberts Fire Fire Captain Mr. Bid Cummings Aviation Electrician . MICROFILMEDjj SEP 0 3198a Minutes Regular Council Meeting October 26, 1977 Page 2 Also eligible to receive 30 -year pins but unable to attend the Council Meeting for the presentation were the following employees: EMPLOYEE DEPARTMENT POSITION Mr. R. D. Frith Fire District Fire Chief Mr. R. W. Frith Fire District Fire Chief Mayor Luby announced that the next item on the agenda was an appointment to a board. Motion by Sample that Mrs. Yolanda Gonzalez be appointed to serve as tem- porary representative for Council Member Gabe Lozano, Sr., during the absence of Dr. Antonio Perez at the meeting of the Nueces County Community Action Agency Board on Thursday, October 27, 1977; seconded by Lozano and passed unanimously. Mayor Luby announced the public hearing on the grant application to the Urban Mass Transportation Administration for operational assistance for 1977-78 of $560,200. City Manager Townsend stated that this matter was discussed briefly during the morning Workshop Meeting and called the Council's attention to a one-page summary which had been placed before them that indicated how the local share would be accomplished and that this was provided for in the budget. Mr. Townsend further explained that the public hearing is a requirement of the Urban Mass Transportation Administration regulations; it has been properly advertised; and it would be proper to determine if there are any members of the audience who are present in regard to the public hearing. Mayor Luby inquired if there was anyone in the audience who was present for this public hearing. An unidentified gentleman in the audience indicated that he was at the meeting for that purpose as a representative of a local concern. City Manager Townsend stated that Mr. Tom Stewart, Director of Traffic and Transit,would make a presentation at this time. ltes Regular Council Meeting October 26, 1977 Page 3 Mr. Stewart addressed the Council and referred to the summary of the sub- stance of the City's application to the Urban Mass Transportation Administration for transit operational assistance for the current fiscal year which had been presented to the Council. Mr. Stewart stated that the total estimated transit expenses from August 1, 1977 through July 31, 1978 amounts to $1,648,495; that in order to determine the net expenditures eligible for operational assistance, the non-mass transpor- tation expenses in the amount of $173,094 must be deducted; and this leaves the eligible transit expenses of $1,475,401. He also stated that UMTA regulations require that the fare box revenues, estimated to be $355,000, must also be deducted from this figure, which makes the net eligible project amount of $1,120,401, to be shared equally by UMTA and the City. Mayor Luby invited comments from the Council and the audience in regard to the UMTA grant application. There were none. Motion by Sample that the hearing be closed, seconded by Diaz and passed unanimously. Mayor Luby announced the public hearing on a Text amendment to Article 31 of the Zoning Ordinance. City Manager Townsend explained that the purpose of the text amendment is to prezone a 47.939 acre tract of land located at the southeast corner of Sid Allison Road and McKenzie Road prior to annexation. He stated that it is requested that 1.713 acres of the tract be zoned "B-1"; that 12.5 acres of the tract be zoned "R-2"; and that the remainder of the tract be zoned "R -1B", the zoning which the tract will automatically receive upon annexation. City Manager Townsend informed the Council that this text amendment was heard by the Planning Commission the previous evening, and both the Planning Commission and the Planning Staff recommend approval. Mr. Townsend stated that McKenzie Lane will be considered for annexation in the future. Minutes Regular Council Meeting October 26, 1977 Page 4 City Planner Ed Shaw stated that the tract is vacant at the present time; located the area on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area. Mr. Shaw also stated that the owner plans to develop apartments on the 12.5 -acre tract. Mayor Luby called for questions from the Council or the audience in regard to this text amendment. Council Member Gill inquired if the owners of the property are requesting annexation in order to acquire utility services, and if so, how far from this loca- tion are the services available. Mr. Shaw stated that sewer service is available directly across the street, and City Manager Townsend stated that water facilities are available all around the area. Motion by Gulley that the hearing be closed, seconded by Sample and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be accepted and that the Text Amendments to the Zoning Ordinance be approved to zone 1713 acres of the tract "B-1", 12.5 acres of the tract be zoned "R-2", and the remaining 33.7 acres of the tract automatically be zoned "R -1B"; seconded by de Ases and passed unanimously. * * * * * * Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on November 16, 1977 on the following zoning applications: (1) PJC Partnership: "R -1B" to "A-1", located on south side of Williams Drive approximately 600' east of S. Staples Street. (2) Mr. Richard B. Dorn: "A-1" & "A-2" to "AB", located between So. Tancahua and So. Carancahua Streets approximately 150' south of Agnes Street. (3) Mr. Kenneth Gunderland: "R -1B" to "B-1", located at northeast corner of Kaler and Rackley Drives. (4) City of Corpus Christi; "B-4" to "B-3" on Tracts A and B, located on southwest and southeast corners of Weber Road and Saratoga Blvd. Minutes Regular Council Meeting October 26, 1977 Page 5 b. Recommendation that bids be received at 11:00 A.M. Tuesday, November 15, 1977, for a 12 months supply of milk (218,940 half pints of milk, includ- ing 21,894 half pints of low fat milk and 21,894 half pints of buttermilk) and bread (approximately 9,600 loaves) for the Senior Citizens nutrition program. c. Recommendation that plans and specifications for runway surface treatment and restriping at the Airport be approved and bids be received on November 16, 1977. The project includes placing an asphalt emulsion and sand over Runway 13-31 (the east -west runway) to Beal and reduce the surface aggregate loss experienced on this runway the last two years. The project will be financed from the $117,777,77 cash bonus received on the recent lease of minerals on the northeast portion of the Airport. In regard to Item "c", Council Member Diaz inquired about the length of time required to complete the project, and City Manager Townsend informed him that 15 working days are provided in the contract. Mayor Pro Tem de Ases referred to the discussion on this item during the Workshop Meeting in regard to the possibility of outside funding. City Manager Townsend explained that when the runway was constructed, FAA paid three-fourths of the cost, and the balance of the cost was provided from the 1968 Bond Program. He stated that these repairs had been discussed with FAA, and it is their contention that this consists of maintenance and is not related to the construction. Mayor Pro Tem de Ases suggested that an appeal might be in order. City Manager Townsend stated that such an appeal would delay the project. Mr. de Ases suggested that the repairs could be done and then an appeal could be filed. Mayor Luby stated that he is opposed to filing an appeal. d. Recommendation that a replacement 5 cubic yard wheel loader, for the Sanitation Division for handling garbage at the Elliott Sanitary Landfill, be purchased from THE ROY KLOSSNER COMPANY, Corpus Christi on the basis of the only bid received of $106,948. e. Recommendation that 36 double and 8 single replacement parking meters with two hour maximum time limit and 20 replacement single parking meters with ten hour maximum time limit be purchased from DUNCAN PARKING METERS, Dallas, on the basis of low bid meeting specifications of $7,053. The apparent low bid of $6,280.88 by POM, Inc. did not meet specifications because the meter will not screen foreign coins, slugs or washers. Bids were received from two firms. Price comparison shows a 15% increase on double meters and a 18.7% increase on single meters. The two hour meters will be used to replace old obsolete one hour maximum meters. The ten hour meters will replace those damaged during operation or out of service for repair. Minutes Regular Council Meeting October 26, 1977 Page 6 f. Recommendation that one-hour maximum time limit parking meters (5p per hour) in the Central Business District and a small portion of South Staples Street near Six Points be replaced with 2 -hour maximum time limit meters (5G per hour). The 36 double and 8 Bingle 2 -hour maximum time limit meters being purchased will replace one-half of these old obsolete 1 -hour meters with the remainder to be replaced by a budgeted purchase later this fiscal year. This improvement will increase parking flexibility in the downtown area. Recommendation that the lease with Corpus Christi International Seamen's Center, Inc. for a portion of the Park and Recreation Building be renewed for one year with the Seamen's Center having an option to renew the lease for two additional one year periods upon giving the City written notice 30 days prior to the expiration of the lease, The Park and Recreation Board so recommends. 5. h. Recommendation that assignment of the lease for Fisherman's Folly Bait Stand, located along the Intracoastal Canal, from Mr. Floyd Beauregard to Mr. Kenneth Prescott be approved. Mr. Prescott will assume all obliga- tions of Mr. Beauregard including the annual rent of $864. The lease expires October 24, 1979 and involves part of the land along the John F, Kennedy Causeway which the City leases from the School Land Board. Mr, Prescott operates a bait and tackle shop in Illinois which he is selling and plans to move here in a few weeks, i. Recommendation that the contract with the Corpus Christi Symphony for $12,000 to be used as local match for an outreach program funded by a grant from the National Endowment of the Arts be renewed. Under the contract, the Symphony provides: j• (1) Two free public concerts, the Messiah in December and a public concert in the spring. (2) Small ensemble groups at recreation and other community centers. (3) Six concerts at Junior Highs. The Corpus Christi Independent School District contributes $4,000 to the program to match the grant from the National Endowment of the Arts of $16,000. Attendance during 1976-77 was approximately 9,000, Recommendation that a Change Order for $4,340.06 be authorized to the contract with Beecroft & Williamson for the Flour Bluff Pool to provide a second lifeguard chair, reinforcing curb bars, additional fill material, additional sidewalks, modifications to the sewer lines, deletion of a coin operated turnstile at the main entrance, and deletion of concrete pipe culvert and headwalls at the parking area entry. The project is funded from Park Bond Funds and a grant from the Bureau of Outdoor Recreation. The change order is subject to BOR approval. An appropriation of $4,340.06 is needed to cover the change order. k. Recommendation that the 1977-78 Budget for the Revenue Sharing Fund be amended to reduce estimated revenue by $23,103, from $3,870,777 to $3,847,674, and reduce the revenue sharing reserve by $23,103, from $139,066 to $115,963. The first quarter's payment was $967,694 and the second was $996,924 (including $55,396 retained from prior payments). The last two payments will be $941,528 for each quarter. The reduction is apparently a result of an increase in per capita income in the city. tes .,-gular Council Meeting October 26, 1977 Page 7 1. Recommendation that the 1977-78 appropriation from the General Fund to the Transit Fund and the Revenue Sharing contribution to the General Fund be reduced by $146,025 each and $146,025 be appropriated from Revenue Sharing to the Transit Fund to match the 1977-78 operating assistance subsidy from the Urban Mase Transportation Administration. Revenue Sharing funds are now eligible to match federal funds and, under the UMTA guidelines, are not subject to maintenance of effort. The City's requirement to.maintain its prior effort is based on the previous 2 years. By using some revenue sharing money, the rate of increase in maintenance of effort will be reduced. m. Recommendation that the Step 3 (construction) grant offers from the Environmental Protection Agency for improvements to the Westside and Broadway Wastewater Treatment Plants be accepted, The Broadway grant is for $2,733,000 which represents 75% of the total cost for Phase 1 of $3,644,000 leaving a local share of $911,000. The Westside grant is for $652,500 which represents 75% of the total cost of $870,000 leaving a local share of $217,500.. Approximately, $500,000 is available for the local share for the Broadway Plant improvements. The remaining local share is included in the November 8 bond election. n. Recommendation that the City Manager be authorized to enter into Title II and Title VI Comprehensive Employment and Training Act work site agreements with various public and non-profit agencies for CETA positions after program summaries have -been approved by the City Council. The positions will be on the City's CETA payroll. The City will maintain fiscal accountability. The agency will provide participants with the work site, equipment and supervision. o. Recommendation that the City reaffirm its support for the deep water port facility at Harbor Island. Recommendation that the following grant applications to be submitted by the Nueces County Mental Health Mental Retardation Community Center to the Office of Developmental Disabilities be approved: (1) A Summer Recreation Program for mentally retarded children. The program will serve 80 retarded children from ages 2 to 21 years and will last 10 weeks. Five supervisors and ten aides will be hired to carry out the program. The application totals $50,541 with $34,368 being federal money and $16,173 local. (2) A Home Training Project to train 40 sets of parents of mentally retarded children in the techniques required to help their children acquire certain domestic and self-help skills. The application totals $24,884 with $17,414 being federal and $7,470 local and provides for the hiring of one additional Case Worker II. (3) A Health Training Program which will allow the hiring of one additional Registered Nurse I to provide health training to an additional 150 mentally retarded clients, The grant application totals $25,627 of which $18,000 is federal and $7,627 local. The local share for all three applications is included in the current Center budget. p• q• Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on November 9, 1977 on the annexation of Suntide Road from the present City limits just north of I.H. 37 to Up River Road, This portion of Suntide Road is adjacent to the 8.173 acre tract owned by Lantana Corporation on which a hearing for contractual annexation was held last week. Minutes Regular Council Meeting October 26, 1977 Page 8 r. Recommendation that a public hearing be held at 2 p.m. during the Regular Council Meeting on November 23, 1977 on a text amendment to Article 31 of the Zoning Ordinance to prezone an 8.173 acre tract of land located east of Suntide Road between I.H. 37 and Up River Road "I-3", Heavy Industrial District, prior to annexation. The owners of the tract, Lantana Corporation, have requested annexation and the "I-3" zoning. Mayor Luby called for comments from the Council on the City Manager's Reports. In regard to Item "p", in regard to the three MH -MR programs, Mayor Pro Tem de Ases inquired as to which entity will handle the employment of the people included in the programs. City Manager Townsend informed the Council that this employment will be handled by the MH -MR staff. He also stated that a report on the employment practices of the MH -MR staff will be presented to the Council next week. City Manager Townsend also stated that the programs for Home Training and Health Training will commence on December 1, 1977, and the Summer Recreation Program will be set up for this summer. Council Member Gill requested a more detailed explanation of Item "k", which refers to a reduction in the estimated Revenue Sharing Fund. City Manager Townsend explained the reason for the reduction in the City's Revenue Sharing Fund, stating that the amount received is determined by three factors -- 25% is determined by the local tax effort; 50% by the extent of poverty in the City; and 25% by the current population. Mr. Townsend informed the Council that the Trea- sury Department of the Federal government has been reluctant to increase the popula- tion figure; the local tax effort has increased substantially and reflects an increase of 11%; and the Treasury Department's records indicate that the per capita income has increased in the City of Corpus Christi by 24%. City Mandger Townsend also explained the recommendation in Item "1" that funds be transferred from Revenue Sharing to the Transit Fund. Mr. Townsend stated that Revenue Sharing funds may be used for matching local share funds required under the guidelines of the Urban Mass Transportation Administration for grants. He fur- ther stated that this particular transfer is from the General Fund for Fire and Police salaries to be designated for the Transit Fund. City Manager Townsend informed the ru.nutes Regular Council Meeting October 26, 1977 Page 9 Council that by using some of the revenue sharing money for this purpose, the'.1 eve1 of maintenance of effort will be reduced. Council Member Diaz asked about the effect this would have on the 1977-78 Budget, and City Manager Townsend replied this change will be reflected in the Revenue Sharing Reserve. Council Member Lozano pointed out that it is possible to amend the budget as the year progresses. Mayor Luby inquired about the contracts for the construction of the Horne Road sewer line improvements. City Manager Townsend stated that a construction contract will be recom- mended for award next Wednesday. Mayor Luby emphasized the need to repair this line as soon as possible since it is an unsanitary and dangerous situation and suggested that funds be transferred from some other source, if necessary, in order to facilitate the con- struction. Council Member Gulley inquired about the report that he understood the Council would receive in regard to the reason more contractors did not bid on this project. Mr. Gulley also asked if the two contractors who did bid were in compliance with the Economic Development Association guidelines. City Manager Townsend stated that the other contractors who had taken out plans on the job did not submit a bid because they were unable to obtain the required 10% minority contractor participation. He assured the Council that this report will be on the agenda next week and the staff will be sure that the contractor who is awarded the job will be in compliance with the 10% minority guideline. There was no discussion from the audience in regard to the City Manager's Reports. *Motion by Sample that the City Manager's Reports, Items "a" through "r" be approved; seconded by Gill, and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye" on all of the items; Luby voting "Aye" on all of the items with the exception of Items "k" and "1" *Vote changed later in the meeting - See Page 14. Minutes Regular Council Meeting October 26, 1977 Page 10 Mayor Luby announced the pending zoning application for Ms. Kathleen McCain. City Manager Townsend stated that Ms. McCain had requested change of zoning from "R -1B" to "B-1" on the property located at the northwest corner of Laura Place and Gollihar Road; this application was heard on October 5, 1977 and denied but in lieu thereof a special permit was granted for a plant and shell shop subject to an appropriate site plan; and an acceptable site plan has been submitted for Council approval. City Manager Townsend presented a copy of the site plan to the Council. Motion by Gill that the site plan be approved, seconded by Gulley and passed unanimously. Mayor Luby announced the next item on the agenda which was the recessed public hearing on zoning Application No. 977-1, Mr. Lester B. Ralph, Jr., for change of zoning from "R -1B", One -Family Dwelling District, to "AB", Professional Office District, on Lot 18, Block 6, Koolside Addition, located on the west side of Airline Road, approximately 700' south of Gollihar Road. City Manager Townsend stated that it was the recommendation of the Plan- ning Commission that the application be denied, and the public hearing on this application was recessed for two weeks on October 12, 1977 to allow the applicant, who was out of the City on that date, to appear before the Council. Mr. Townsend ascertained that Mr. Ralph had been informed by the City Secretary that the appli- cation would be considered today, but that he was not present at this time. Mr. Townsend suggested that it might be in order to table this item until later in the meeting. Motion by Diaz, seconded by Gulley and passed unanimously, that the recessed public hearing on this application be tabled until the close of the meeting. * * * * * * Mayor Luby called for the ordinances. City Manager Townsend briefly described the ordinances on the agenda. There was no discussion from the Council or the audience on the ordinances. Mayor Luby noted that twelve of the ordinances on the agenda are listed as emergencies and requested City Manager' Townsend to explain why they are emergencies. ces Regular Council Meeting October 26, 1977 Page 11 Mayor Luby explained to the members of the audience that it is the prerogative of the Mayor to decline to declare emergencies on the passage of ordinances, and if he does not do so, the ordinances must be read on three readings. City Manager Townsend explained the necessity for declaring an emergency on the following ordinances: i. Approving the assignment of the lease for Fisherman's Folly Bait Stand from Mr. Floyd Beauregard to Mr. Kenneth Prescott. City Manager Townsend informed the Council that Mr. Prescott has made arrangements to purchase the bait stand and has made arrangements to move to this City contingent upon the purchase of the bait stand. (Mayor Luby agreed to declare an emergency on the foregoing ordinance.) j• Authorizing execution of a contract with the Corpus Christi Symphony for $12,000 as local match for an outreach program funded by a grant from the National Endowment of the Arts. City Manager Townsend stated that this was placed on as an emergency ordinance in order to take advantage of a grant offer. (Mayor Luby agreed to declare an emergency on the foregoing ordinance.) k. Authorizing execution of Change Order No. 2 to the contract with Beecroft and Williamson for the construction of the Flour Bluff Park and swimming pool and appropriating $4,340.06. City Manager Townsend stated that there is a need to pass this ordinance on an emergency basis because the architect on the project was late in submitting the changes, and this ordinance must be passed before payment can be made to the contractor. (Mayor Luby refused to declare an emergency on the foregoing ordinance.) 1. Amending the 1977-78 Budget for the Revenue Sharing Fund by reducing estimated revenues and the Revenue Sharing Reserve by $23,103 each. City Manager Townsend informed the Council that this ordinance needs to be passed on an emergency basis in order to amend the Budget to reflect the decrease in the funds received by the City from Revenue Sharing. (Mayor Luby declined to declare an emergency on the foregoing ordinance.) m. Reducing the 1977-78 appropriation from the General Fund to the Transit Fund and the Revenue Sharing contribution to the General Fund by $146,025 each and appropriating $146,025 from Revenue Sharing to the Transit Fund for matching the 1977-78 operating assistance subsidy from the Urban Mass Transportation Administration. Minutes Regular Council Meeting October 26, 1977 Page 12 City Manager Townsend requested that Mayor Luby declare an emergency on the foregoing ordinance, stating that it is related to Ordinance "s"; it ties in with the public hearing on the grant. application to the Urban Mass Transportation Administration for operational assistance for 1977-78 which was considered earlier in the meeting; and since it involves participation by the Federal government, a considerable amount of money will be lost if the ordinance is not passed today. Council Member Gulley pointed out that this was an advertised public hearing and no opposition was expressed on the matter. Council Member Sample inquired as to the amount of money the City will lose if the ordinance is not approved today. City Manager Townsend replied that the loss of funds would occur if there is a delay in receiving the grant. He stated that the interest lost on the anti- cipated funding would amount to $1,400 if it is delayed two weeks. Council Member Gulley emphasized that if an emergency is not declared on this ordinance, the City would lose the $1,400. (Mayor Luby declined to declare an emergency on Ordinances "m" and "s", both of which are related to this grant.) n. Authorizing acceptance of grant offers for Step 3 grants (construction) from the Environmental Protection Agency for improvements to the Broadway and Westside Wastewater Treatment Plants. City Manager Townsend explained that this ordinance is on an emergency basis because there is a deadline established by EPA, and the time will expire if the grant offers are not accepted by next week. (Mayor Luby agreed to declare an emergency on the foregoing ordinance.) , o. Authorizing the City Manager to execute Title II and Title VI Comprehen- sive Employment and Training Act work site agreements between the City and public and non-profit agencies which have received approval by the City Council. City Manager Townsend requested that the Mayor declare an emergency on this ordinance in order to meet the tight Federal schedules involved. (Mayor Luby agreed to declare an emergency on the foregoing ordinance.) p. Resolution reaffirming the City Council's support for the deep -water facility at Harbor Island. ...utee Regular Council Meeting October 26, 1977 Page 13 City Manager Townsend stated that this is a resolution reaffirming the Council's position on the deep -water facility at Harbor Island and is similar to the resolution previously approved by the Council in 1973. (Mayor Luby declined to declare an emergency on the foregoing resolution.) Council Member Lozano inquired if this resolution was to be presented at the public hearing on the deep -water facility to be held on November 2, 1977, which is next week. City Manager Townsend replied that it was to be presented at that time. Mayor Luby stated that the resolution passed in 1973 was passed by'the Council in office at that time by four affirmative votes during a Regular Council Meeting when the Mayor and two Council Members were absent from the meeting. Council Member Gulley emphasized that a majority of this Council is in favor of the Harbor Island facility and would like to deliver the resolution reaffirming their position to the public hearing on the matter next week. Mayor Luby reiterated that he felt that this is a controversial matter and again refused to declare an emergency. Council Member Diaz stated that he shared the sentiments of Council Mem- ber Gulley and requested that the Mayor declare an emergency so that the resolution can be passed and presented at the hearing next week. Mayor Pro Tem de Ases inquired about the possibility of a resolution being passed by a motion and a majority vote of the Council, as opposed to the necessity of the Mayor declaring an emergency on an ordinance. City Manager Townsend pointed out that the Council, by motion, had approved the related item on the City Manager's Reports indicating their support of the deep- water facility. He also stated that a resolution does have to be read on three readings if the Mayor does not declare an emergency. Mayor Pro Tem de Ases reminded the Council that a majority of the members will appear at the public hearing conducted by the Corps of Engineers to express their support of the deep -water facility at Harbor Island whether a resolution is presented or not. Minutes Regular Council Meeting October 26, 1977 Page 14 City Manager Townsend agreed that the action taken earlier in approving this item as a part of the City Manager's Reports would certify the support of the Council. Mayor Luby requested that his vote on the foregoing approval of the City Manager's Reports be changed to "Nay" on Item "o", and Council Member Gill requested that her vote indicate that she abstained on Item "o". Mayor Luby explained that the reason he is voting "Nay" on this item of the City Manager's Reports is because he would like to have this resolution read three times before it is passed. He also pointed out that there had been ample time to place this resolution on the agenda so that it could be read at three meetings, since this is a controversial issue and the public should have an oppor- tunity to speak on the matter. Mayor Luby also expressed the opinion that the City Manager should have brought this resolution to the Council earlier and suggested that ordinances should be considered on an orderly, three -reading basis. q• Amending the Zoning Ordinance upon the application of Ms. Kathleen McCain by granting a special permit for a plant and shell shop on Lot 1; Block 2, Mathis Estates, located at the northwest corner of Laura Place and Gollihar Road. (Public Hearing - 10/5/77) City Manager Townsend explained that zoning ordinances are usually on an emergency basis so that the citizen involved is allowed to proceed with their plans for the property being zoned. r. Ratifying and confirming the annexation of a 47.939 acre tract of land generally located between IH 37, McKenzie Road and the Allison Treatment Plant. (Public Hearing - 10/12/77) City Manager Townsend stated that this was placed on the agenda to be con- sidered as an emergency item since a public hearing had been held and no opposition was expressed. (Mayor Luby agreed to declare.an emergency on the foregoing_ ordinance& "q" and "r".) s. Resolution authorizing the submission of a grant application to the Urban Mass Transportation Administration for operational assistance for the Transit System for 1977-78. (Mayor Luby had previously declined to declare an emergency on the foregoing ordinance.) t. Changing the zoning from "A-1" to "B-3" on Tract A and from {'A-1" to "R -1B" on Tract B, located between Weber Road and Aaron Drive, approximately 600' south of Acushnet Drive upon the application of the City of Corpus Christi. (Public Hearing - 10/19/77) tes n�gular Council Meeting October 26, 1977 Page 15 City Manager Townsend explained that this is a change of zoning ordinance and such'ordinances are usually passed on an emergency basis. (Mayor Luby agreed to declare an emergency on the foregoing ordinance.) Mayor Luby called for the vote on the ordinances. Acting City Secretary Zahn polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES, BY DELETING SUB- SECTIONS (a) THROUGH (f) THEREOF, AND BY ADOPTING NEW PARKING METER ZONES NOS. 1 THROUGH 4, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE. 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: AUTHORIZING A ONE-YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. FOR A PORTION OF THE PARK AND RECREATION BUILDING, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A". 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". SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO .LITTLE MISSES KICKBALL FORA PERIOD OF 5 YEARS, LEASING TO THE SAID OSO LITTLE MISSES KICKBALL A 4.23 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A LITTLE MISSES KICKBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. 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: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NATIONAL LITTLE LEAGUE FORA PERIOD OF FIVE YEARS, LEASING TO SAID NATIONAL LITTLE LEAGUE A 4.35 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. 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 CODE OF ORDINANCES,' CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 35-97, PARAGRAPH (k), SO AS TO INCREASE THE FEE FOR A LAND DRILLING PERMIT FROM $300 TO $500. 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". Minutes Regular Council Meeting October 26, 1977 Page 16 THIRD READING - ORDINANCE NO. 13991: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMITS OF 45 MPH AT ALL TIMES ON LEXINGTON BOULEVARD FROM A POINT 425 FEET NORTH OF THE CENTERLINE OF HOPKINS TO A POINT 500 FEET SOUTH OF THE CENTERLINE OF LEOPARD; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13992: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS AIRLINES, INC., COVERING THE SUBLEASING OF SPACE AT CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SUCH AIRPORT, ALL AS IS MORE FULLY SET FORTH IN 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 time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13993: AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE WITH THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU FOR THE USE OF A BUILDING ON SHORELINE DRIVE, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13994: APPROVING ASSIGNMENT OF THE FISHERMAN'S FOLLY BAIT STAND LEASE ON TRACT 7 OF THE COASTAL PUBLIC LANDS, SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FROM FLOYD BEAUREGARD TO KENNETH PRESCOTT, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13995: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF THE ARTS AS PROVIDED FOR IN THE 1977-78 BUDGET, AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH BEECROFT & WILLIAMSON FOR THE CONSTRUCTION OF THE FLOUR BLUFF PARK AND SWIMMING POOL CON- STRUCTION,'(PARKER MEMORIAL PARK) BOR PROJECT NO. 48-00409, A SUBSTANTIAL COPY OF SAID CHANGE ORDER BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $4,340.06 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT NO. 291-72-9, FLOUR BLUFF POOL AND PARK CONSTRUCTION, SAID APPROPRIATION BEING SUBJECT TO APPROVAL FROM THE BUREAU OF OUTDOOR RECREATION. minutes Regular Council Meeting October 26, 1977 Page 17 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 "Nay". FIRST READING: AMENDING THE 1977-78 BUDGET FOR THE REVENUE SHARING FUND, NO. 126, BY REDUCING THE ESTIMATED REVENUE BY $23,103, FROM $3,870,777 TO $3,847,674; AND REDUCING THE REVENUE SHARING RESERVE BY $23,103, FROM $139,066 TO $115,963. 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 "Nay". FIRST READING: REDUCING THE 1977-78 APPROPRIATION OF $298,427 FROM THE GENERAL FUND TO THE TRANSIT FUND TO $152,402 AND THE REVENUE SHARING CONTRIBUTION TO THE GENERAL FUND BY $146,025, AND APPROPRIATING $146,025 FROM REVENUE SHARING TO THE TRANSIT FUND TO MATCH THE 1977-78 GRANT APPLICATION FOR OPERATING ASSISTANCE FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION. 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 "Nay". • ORDINANCE NO. 13996: AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT Orr•ER FOR ALL OR PORTIONS OF STEP 3 GRANTS FOR THE BROADWAY WASTEWATER SYSTEM, PROJECT NO. 250-72-1, AND THE WESTSIDE WASTEWATER SYSTEM, PROJECT NO. 250-72-11, A SUBSTANTIAL COPY OF SAID APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13997: AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY OF CORPUS CHRISTI, AS THE PROGRAM AGENT, TITLE II AND TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT WORK SITE AGREEMENTS WITH PUBLIC AND NONPROFIT AGENCIES ALLOCATED PUBLIC SERVICE EMPLOYMENT POSITIONS APPROVED BY THE CITY COUNCIL, A SUBSTANTIAL COPY OF WHICH FORM OF AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: RESOLUTION RE IRMING SUPPORT OF THE HARBOR ISLAND AND ARANSAS PASS CHANNEL MODIFICATIONF THE NUECES COUNTY NAVIGATION DISTRICT NO. 1, THE DEEP WATER PORT AT HARBOR ISLAND, AND ALTERNATE NO. 4 OF THE HARBOR ISLAND FEDERAL STUDY, AND READOPTING RESOLUTION NO. 11539 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973. The foregoing resolution was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay"; and Gill Abstaining. Minutes Regular Council Meeting October 26, 1977 Page 18 ORDINANCE NO. 13998: 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 MS. KATHLEEN McCAIN BY GRANTING A SPECIAL COUNCIL PERMIT FOR A SHELL AND PLANT SHOP ON LOT 1, BLOCK 2, MATHIS ESTATES, 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 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13999: RATIFYING AND CONFIRMING THE ANNEXATION OF A 47.939 -ACRE TRACT OF LAND OUT OF SURVEYS NOS. 419 AND 420, STATE ABSTRACT NOS. 570 AND 857, RESPECTIVELY, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE 1, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FORA GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED. The foregoing resolution 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 "Nay". ORDINANCE NO. 14000: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTIONS OF LOTS 6 AND 7, SECTION 11, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-3" BUSINESS DISTRICT ON TRACT A AND FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT ON TRACT B; 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". lutes Regular Council Meeting October 26, 1977 Page 19 Mayor Luby stated that he would like to comment on the propositions to be considered in the bond election and read the following letter: "Public City Council City Manager City Secretary "Reference is made to the propositions in the bond issue to be voted on November 8, 1977. "Subsequent to my voting for the passage of the ordinances, I was informed of the following. It has been found that McQuillin-Municipal Corpora- tions in Volume 15, Section 40.09 --Single or Dual Propositions, states among other things, the following: 'If there are two or more separate and distinct propositions to be voted on, each proposition should be stated separately and distinctly, so that a voter may declare his opinion as to each matter separately, since several propositions cannot be united in one submission to the voters so as to call for one assenting or dissenting vote upon all the propositions; and elections are invalid where held under such restrictions as to prevent the voter from casting his individual and intelligent vote upon the object or objects'sought to be attained. 'So it is generally held that where the election is to vote on the issuance of bonds, bonds for two or more different purposes cannot be combined in one proposition, so that the voter cannot vote for one and against the other if he so desires.' "McQuillin has attached 7 pages of quotations of authorities throughout the United States in support of the statements made above. It is remembered that the City Attorney, Mr. Bruce Aycock, notified the City Council in the City Council meeting of October 12, 1977, that numerous propositions as being presented are illegal and subject to contest. I therefore return the ordinances #'s 13972 and 13974 to the office of the city secretary, unsigned, because it would be in violation of the law and my oath of office to uphold the Constitution and the laws of the State of Texas, and I shall have no part in presenting an unlawful proposition to the public. /s/ Jason Luby Mayor" City Manager Townsend stated that all of the implications included in Mayor Luby's letter were explained by City Attorney Aycock and the City's Bond Attorney and that it is the Council's prerogative to decide how the bond issues are to be listed. Mr. Townsend also emphasized that the two ordinances have been passed, but they will go into the record unsigned. Mayor Pro Tem de Ases inquired of Mayor Luby as to which propositions he referred to as being illegal. Minutes Regular Council Meeting October 26, 1977 Page 20 Mayor Luby expressed the opinion that Propositions No. 1, 2 and 7 are legal, and the remainder of the propositions are illegal. Council Member GAley mentioned the fact that the Council has not dis- cussed their support of the bond program, and that in regard to this matter, Mr. Ed Harte of the Corpus Christi Caller -Times had stated in his column that, as usual, the Council is divided in their support of the bond program. Mr. Gulley stated that he wanted the record to reflect that, even if the Mayor is opposed to the bond program, the rest of the Council is solidly behind the items on the bond program. Mayor Luby stated that he is not against the bond program, but he felt 'that some of the propositions are illegally combined and the public should be aware of it. Council Member Gulley stated that he only wanted to point out that the Mayor is for one thing one day and against it the next day. Mayor Pro Tem de Ases suggested that Council Member Gulley's statement should be followed up and the matter should be clarified in that a majority of the Council does support the bond program. Mr. de Ases questioned the Mayor as to whether or not he is supporting the bond program. Mayor Luby stated that the Council Members must change their attitudes before he will support anything. He stated that he is in favor of the issues but just wanted to point out that he feels that combining several issues is illegal. Mayor Pro Tem de Ases stated that he is in favor of all of the bond issues; Council Member Sample agreed and stated that he is 100% behind all of the issues; Council Member Diaz reiterated that he is also 100% behind all of the bond issues and is speaking to a number of groups in support of the bond pro- gram; Council Member Gill pointed out that all of the Council Members voted for it, and this action stands for itself; and Council Member Lozano emphasized that all of the Council Members worked hard to determine what should be on the bond issue and that all of the propositions are needed and there are no "frills" included in the bond program. Minutes Regular Council Meeting October 26, 1977 Page 21 Mayor Luby declared that the Regular Council Meeting was recessed at 3:34 p.m. for the Special Council Meeting scheduled for 3:30 p.m. * * * * * * The Regular Council Meeting was reconvened at 4:59 p.m. Mayor Luby recognized Mr. Dennis Parrish, Director of Public Relations for the Port of Corpus Christi. Mr. Parrish addressed the Council in regard to the public meeting to be conducted by the United States Army Corps of Engineers in Corpus Christi on Wednesday, November 2, 1977 to discuss the need to modify the existing Corpus Christi Ship Channel at Harbor Island. Mr. Parrish stated that the Chamber of Commerce is supporting Alternative No. 4 of the Congressional Study. Council Member Sample asked for an explanation of why the Chamber of Commerce is supporting Alternative No. 4. Mr. Parrish explained that this meeting is being conducted as a part of a Congressional Study authorized in 1974 and that this study is totally separate from a pending permit application by the Nueces County Navigation District for a deep water port at Harbor Island. Mr. Parrish explained briefly the following alternatives to be discussed ' during the public meeting: (1) No Action Plan; (2) Monobouy; (3) Harbor Island Only; (4) Harbor Island Multi -Purpose; (5) Onshore Facility; and (6) Offshore Island. Mr. Parrish stated that Alternative No. 4 is being supported by the Port and the Chamber of Commerce because this plan will modify the Corpus Christi Ship Channel to permit very large tankers to discharge at Harbor Island; the modifica- tions consist of deepening the jetty channel to 76 feet with an 80 -foot deep off- shore approach; deepening the Corpus Christi Ship Channel to Port Ingleside to 60 feet to other industries in the area to serve dry -handling facilities. Mr. Parrish informed the Council that the Port of Corpus Christi has endorsements for this' alternative from a large number of organizations and cities. Mr. Parrish pointed out that the deep water port would attract refineries to locate in this area, and that business in the Port will be greatly increased. Mr. Parrish also stated that the United States is lacking in deep -water ports. Minutes Regular Council Meeting October 26, 1977 Page 22 Mr. Parrish also stated that if anything less than overwhelming support of the deep water facility at Harbor Island is expressed at the public meeting, the application with the Corps of Engineers may be in trouble. He reiterated that the organizations, city officials from other cities and governmental offi- cials on the State and Federal level who are in support of the facility will be present at the meeting to speak. Mayor Luby inquired if the cities who are in support of the facility are inland cities. Mr. Parrish stated that they are, but opinions have not been received from Ingleside. City Manager Townsend informed Mr. Parrish that the Council previously passed Resolution No. 11539 in 1973 expressing their support of the deep water facility at Harbor Island; they have by motion today endorsed the project; and have passed on first reading a resolution endorsing the facility. Mayor Luby interjected that it was not a unanimous vote endorsing the deep water port. Council Member Gulley stated that he feels that the deep water port is as necessary for the future of this City as Choke Canyon is. Mr. Parrish explained the procedure to be followed during the public hear- ing conducted by the Corps of Engineers on November 2. He stated that Colonel Jon C. Vanden Bosch will open the meeting at 9:00 a.m., at which time he will explain the alternatives to be considered; he will then ask for statements from elected officials on the Federal and State level, including a statement from Congressman John Young; and at approximately 10:30 a.m., the participants in the meeting will be divided into twenty workshops for discussion of the six alternatives. Mr. Parrish stated that each group will then rate the six alternatives; at 11:30 the meeting will be recessed; staff members of the Corps of Engineers will tabulate the results; and then Colonel Vanden Bosch will report on the tabulation. Mr. Parrish informed the Council that the next procedure will be a short lunch break, following which the meeting will reconvene for the afternoon session, and at this time, statements will be made by local elected officials. He further Minutes Regular Council Meeting October 26, 1977 Page 23 stated that except for the statement of Congressman Young, there will be a limit of seven minutes allowed for each statement. Mayor Pro Tem de Ases suggested that the schedule of the Workshop and Regu- lar Council Meetings for next Wednesday be revised to allow the Council Members to make their statements at the public hearing. City Manager Townsend pointed out that if local officials are allowed to make their statements shortly after the lunch break, there will be no conflict with the Regular Council Meeting, but that an effort will be made by the Staff to contact any parties who might be involved in scheduled public hearings at 2:00 p.m. to advise them that the meeting may be a little late in beginning. Mr. Parrish suggested that Colonel Vanden Bosch is very cooperative to work with, and if he is contacted and informed of the situation as it involves the Council Meeting, he might be able to arrange for the statements of the Council Members to be heard as early as possible. Council Member Gulley suggested that City Manager Townsend take care of contacting Colonel Vanden Bosch. Mayor Luby pointed out that there are a lot of people who arc in opposition to the deep -water port, and also mentioned that a lot of people are not aware of the plans. Mr. Parrish stated that the public meeting will be well advertised by the news media so that people will be aware of it. City Manager Townsend announced the tabled recessed public hearing on Zoning Application 977-1, Mr. Lester B. Ralph, Jr., and stated that Mr. Ralph is present at this time to present his remarks in connection with the requested change of zoning from "R -1B", One -Family Dwelling District, to "AB", Professional Office District, on Lot 18, Block 6, Koolside Addition. City Planner Edward Shaw located the area on the zoning and land use map and showed slides of the area. City Manager Townsend reminded the Council that the Planning Commission had recommended denial of this application. Mayor Luby called on the applicant to address the Council. Minutes Regular Council Meeting October 26, 1977 Page 24 Mr. Lester B. Ralph, Jr., 410 Poenisch, presented his case to the Council and gave background information on his personal history, stating that he had for- merly been employed as an engineer. Mr. Ralph informed the Council that he has requested the change of zoning in order to establish a real estate office and also for his services as a consulting engineer. He stated that the location in question is near his residence and he already owns the property on which he has requested change of zoning. Mr. Ralph pointed out that there is a real estate office located a short distance from the property that he owns; the property in this area is primarily rental property; and he feels that the owner -occupied houses are in favor of this zoning rather than rental property. Mr. Ralph further stated that very little traffic will be generated by the real estate office. Mr. Ralph displayed pictures of the businesses in the area for the Council. City Planner Shaw stated that'the real estate office that Mr. Ralph men- tioned is located one intersection down from this proposed location. Council Member Gulley inquired of the applicant if a special permit would be acceptable, and Mr. Ralph stated that he preferred "AB" zoning but would accept a special permit. No one spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Diaz and passed unanimously. Council Member Gulley asked the other Council Members for their opinion about granting a special permit with restrictions on the sign. Council Member Gill stated that she feels that rezoning the property "AB" would be preferable to a special permit. Motion by Gulley that the Council approve the change of zoning from "R -1B" to "AB" on Lot 18, Block 6, Koolside Addition; seconded by Diaz, and passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent from the Council Chamber at the time the vote was taken. ,utes Regular Council Meeting October 26, 1977 Page 25 City Manager Townsend briefly described the ordinances effectuating the amendment to Article 31, Newly Annexed Territory, of the zoning ordinance and the ordinance related to the Lester B. Ralph zoning change. Acting City Secretary Zahn polled the Council for their votes, and the following ordinances were approved: ORDINANCE N0. 14001: 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 SEI, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31. NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO NEW SUBSECTION. TO BE NUMBERED 31-5,17, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI. SAID TRACT BEING DESCRIBED AS 1.713 ACRES OUT OF A 47.939 -ACRE TRACT OUT OF SURVEY NO. 419. STATE ABSTRACT 570, PATENT N0. 208, NUECES COUNTY, TEXAS: AND BY AMENDING SECTION 31-5 BY ADDING A NEW SUBSECTION, TO BE NUMBERED 31-5.18, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND., WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS 12.500 ACRES OUT OF A 47.939 ACRE TRACT OUT OF SURVEY NO. 419, STATE ABSTRACT 570, PATENT N0. 208, NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE N0. 14002: 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 LESTER B. MALPH. JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 18, BLOCK 6, ROOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FRIM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Ctty Manager Townsend presented to the Council a report of the projects included in previous bond programs with an explanation of why they have not been completed. City Manager Townsend gave an oral report on the current status of the Choke Canyon Dam project and also presented copies of a draft letter which he pro- poses to send to the Bureau of Reclamation, if the Council approves. Minutes Regular Council Meeting October 26, 1977 Page 26 City Manager Townsend explained that he proposes to write expressing the City's willingness to enter into renegotiations regarding possible amendment of Articles 6, 7 and 9 of.Contract No. 6-07-01-X0674 for the limited purpose of reflect- }k:2ft. ing any new determination bx the Congress of the United States regarding project cost ceiling, acquisition of lands for mitigation purposes or any directly related matter. Mr. Townsend read paragraphs 2 and 3 of his draft letter, as follows: "This willingness to renegotiate the contract regarding lands for habitat mitigation is based solely on the need to expedite con- struction because the local sponsors and the water users over the 7,000 square mile service area simply cannot afford the cost of delay. Interest during construction is already adding $30,000 per month; ongoing Bureau site and support staff another $100,000 per month; and construction cost increases at least $600,000 per month. Thus each month's delay adds more than $700,000 to the ultimate project cost. "The willingness to renegotiate in no way indicates an acceptance by the local sponsors of the position of the Federal Government regarding its decision not to honor a contract properly authorized and executed which was consistent with all regulations and laws which were in effect at the time of execution. The local sponsors have agreed to every request made by the Fish and Wildlife Service throughout the 1960's and prior to authorization on October 27, 1974 by Public Law 94-493. The Bureau -NRA -City contract was executed on December 30, 1975 and later validated by a State District Court. The conference report concerning the 1976 appropriation further expressed the will of Congress when it stated that the Conference Committee 'agrees that every effort should be made to advance this work expeditiously."" City Manager Townsend further informed the Council that it would be neces- sary for the Nueces River Authority to write a similar letter, and this matter will be discussed with that entity. Mr. Townsend also explained that the Bureau of Reclamation has been informed that the City will oppose the proposed legis- lation to amend the contract. Mr. Townsend stated that the proposed letter will be presented for approval by the Council next week and that the letter should be received by the Bureau of Reclamation prior to November 8, 1977 because bids on the clearance contract are scheduled to be received on that date. Mayor Luby indicated that he objected to the phrase in the draft letter which stated, "...We knowingly committed over $20,000,000 of front end participa- tion knowing it was almost beyond our means, but also knowing that more significant initial local participation was a desirable national water policy goal." Minutes Regular Council Meeting October 26, 1977 Page 27 City Manager Townsend pointed out that he was attempting to convey to the Bureau the strain this was for the City to finance. He then requested that the Council Members peruse the letter, mark any portion of the letter that is of con- cern to them, and a final letter will be prepared following next week's meeting. There being no further business to come before the Council, on motion by de Ases, seconded by Diaz and passed unanimously, the meeting was adjourned at 6:31 p.m. October 26, 1977.