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HomeMy WebLinkAboutMinutes City Council - 02/15/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 15, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend George H. Dawson of St. Martin's Episcopal Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that the minutes of the Regular Council Meeting of January 25, 1978 be approved as presented; seconded by Sample; and passed unanimously. Mayor Lozano announced the consideration of appointments to boards, com- mittees and commissions. City Manager R. Marvin Townsend reviewed the appointees to various boards as discussed in the Workshop Meeting. Motion by Gulley that the following appointments be confirmed, including the appointees nominated by the Mayor to the Municipal Industrial Commission and the appointments to the Bay Drilling Committee made by the Mayor; seconded by Diaz; and passed unanimously: COASTAL BEND CONSORTIUM EXECUTIVE COMMITTEE: Mayor Gabe -Lozano, Sr., Chairman NUECES COUNTY COMMUNITY ACTION AGENCY: Council Member Ruth Gill - Alternate, Ernest Briones TEXAS MUNICIPAL LEAGUE: Mayor Gabe Lozano, Sr., Director MICROFILMED SEP 0 31980 Minutes Regular Council Meeting February 15, 1978 Page 2 MUNICIPAL INDUSTRIAL COMMISSION: Term to Expire Dr. Miriam Wagenschein - Reappointment 1/26/80 Mr. S. E. Kelley, CHAIRMAN - Reappointment - 1/26/80 Mr. Jorge C. Rangel - Reappointment 1/26/80 Mr. John W. Crutchfield - Reappointment 1/26/80 Mr. R. N. Conolly - Reappointment 1/26/80 Mr. 0. J. Beck, Jr. - Reappointment 1/26/80 Mr. Eppy Gonzalez - Reappointment 1/26/80 BAY DRILLING COMMITTEE: Mr. J. E. Roberts (oil industry) 12/31/80 Mr. Marvin R. Hall - (alternate from oil industry) 12/31/80 - Reappointment LANDMARK COMMISSION: Mrs. E. A. (Kaye) Durham, II 11/20/79 * * * * * * Mayor Lozano announced the public hearing on closing that portion of Burleson Street lying within the City limits, generally along the southwestern shore of Nueces Bay, at the request of the Nueces County Navigation District. City Manager Townsend informed the Council that the City had annexed a portion of Nueces Bay in 1965; therefore, a portion of Burleson Street is in the City limits; fill material has been placed in that area by the Navigation District; and as a precautionary measure, the District has requested that the portion of Burleson Street that may be within the City limits be closed. No one spoke in regard to this proposed street closure. Motion by Gill that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gulley that the portion of Burleson Street lying within the City limits, generally along the southwestern shore of Nueces Bay, be closed; seconded by Sample; and passed unanimously. Mayor Lozano 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 a Special.Council Meeting at 3:30 p.m. on March 8, 1978 on the following zoning applications: (1) Mr. Wm. H. Holmes: "R -1B" to "B-4", located approximately 177' north of the intersection of South Port Avenue and Sarita Street. (2) Reimco, Inc.: "A-1" to "B-1", located at the southeast corner of Kostoryz and Holly Roads. Minutes Regular Council Meeting February 15, 1978 Page 3 (3) Texas District of Lutheran Church: "R -1B" to "R-2", located on the east side of Long Meadow Drive, approximately 400' south of Saratoga Boulevard. (4) Mr. Ralph Cobb, Trustee: "R -1B" to "B-1", located on the north side of Cain Drive, approximately 100' east of Everhart Road. b. Recommendation that bids be received at 11:00 A.M., Tuesday, March 14, 1978 for the following budgeted items for the Gas Division: (1) Two replacement 200 amp electric welding machines. The units being replaced are 10 years old. (2) An additional 12 -ton equipment trailer. c. Recommendation that 6,000 feet of 3/4" soft copper pipe (a six months' supply) be purchased from INTERSTATE MFG & SUPPLY, INC., Minneapolis, on the basis of low bid of $4,245.36 for use by the Water Division. Price reflects a decrease of 10% from previous purchase. Bids were received from 7 firms. d. Recommendation that the Flour Bluff Swimming Pool at Parker Memorial Park be accepted and payment of $29,172.45 for a total of $288,990.06 be made to Beecroft & Williamson. Due to material delivery problems a heavy duty gate wheel has not been installed. It is recommended that $1,000 be retained until the work is completed and the Director of Engineering and Physical Development be authorized to release the money when the gate is installed. e. Recommendation that plans for improvements to Tasco Street from Sarita Street to the Crosstown Expressway and Reynosa Street from Burnett Street to Belton Street be approved and these streets be included in the Lozano School Area Street Improvements on which bids will be received March 1, 1978. The project is within the eligible Community Development area. An amended application will be submitted to HUD upon receipt of .bide. The two streets were included in the 1977 Bond Program. f. Recommendation that $628,721.90 be appropriated for utility force account work performed and to be performed during 1977-78 by the Water, Gas and Wastewater Services Divisions for system improvements and relocations in ,third year Community Development Block Grant projects. This includes work in High Terrace, La Arboleda, and Casa Blanca Subdivisions, Lozano School area, Ella Barnes area, and Washington -Coles area. Water Division work ($323,908) consists of replacing 2" water lines with 6" lines to improve customer service and fire protection. Gas Division expenditures ($299,813.90) are for replacement of old corroded pipe to reduce gas leaks. Wastewater expenditures ($5,000) are for relocating service to conform to new street grades. g. Recommendation that parking be prohibited at all times on both sides of Weber Road, from South Staples Street to Lincoln Street to allow the installation of a left turn lane to provide safer access to adjacent bus- inesses and intersecting streets and increase traffic safety. No single family residences front on this section of Weber Road. The Traffic Safety Advisory Board so recommends. Minutes Regular Council Meeting February 15, 1978 Page 4 h. Recommendation that 5 Title II and 125 Title VI C.E.T.A. positions be approved. Inspections and Operations Auditorium Recreation Park Police Health 8 for an interim security pilot program for the auditorium and adjacent facilities 49 for a neighborhood recreation pilot program at parks and school facilities 1 to design park projects for CETA crews 3 for traffic accident investigations 1 for clerical assistance in processing CETA applicants. Ten positions will be with agencies Family Debt Counselors Texas Dept. of Human Resources Texas Employment Commission Education Service Center Texas Agricultural Exten- sion Service Coastal Bend Council on Alcoholism Nueces County (District Clerk's Office) through worksite agreements: 1 to compile client data 1 to assist AFDC recipients obtain 1 to enroll youth in the Job Corps 2 to develop educational materials agencies employment programs for CETA 1 to coordinate a summer nutrition education project 1 to coordinate on DWI program 3 to inventory and store records Fifty-eight positions will be with agencies through Title VI contract modifications: Corpus Christi ISD 11 to implement a Title III Youth Employment and Training Program Flour Bluff ISD 8 for individualized special education instruction Corpus Christi State School 12 for special education instruction 4 for compilation of client data 8 for psychological assistance training program 15 to assist in developing a food preparation and serving system. The positions are recommended for funding through September 30, 1978. i. Recommendation that Title VI CETA oontract modifications be approved with the following agencies for special project positions. (1) Corpus Christi ISD - increasing the positions from 72 to 83 and the contract amount by $54,400 from $542,400 to $596,800. (2) Flour Bluff ISD - increasing the positions from 13 to 21 and the contract amount by $33,000 from $94,100 to $127,100. Corpus Christi State School - increasing the positions from 46 to 85 and the contract amount by $191,200 from $282,600 to $473,800. (3) The contract modifications will fund 58 additional special project employees through September 30, 1978. Minutes Regular Council Meeting February 15, 1978 Page 5 j• Reports. Recommendation that a contract be approved with Nueces County to continue the elderly program outside the City for $60,000 to continue transportation, outreach, referral and follow-up, recreation, and related services from March 1, 1978, through February 28, 1979. No City funds are involved. The program includes operation of a senior citizens center in Robstown. The County pays for the salaries of three Outreach Works, a Bus Operator, Custodian and related office and maintenance expenses. Recommendation that an Aninal Control Ad-:isory Board be created consintinz of 7 members appointed by the City Council for 3 -year staggered terms. One member of the Board would be a veterinarian, one a representative of a local PAWS -Gulf Coast Humane Society Organization, and the remaining 5 members would represent the community at large. The Board will advise the City Council and the City Manager about all aspects of animal control including fees, staffing, ordinances, procedures, policies and facilities. Mayor Lozano called for discussion by the Council on the City Manager's In connection with Item "d" concerning the Flour Bluff Swimming Pool, Council Member Diaz mentioned that citizens using the facilities in that park are walking across the lawn rather than using the sidewalk and suggested that preventive measures be taken to eliminate this practice. Mr. James R. Lontos, Director of Engineering and Physical Development, stated that his staff is aware of this problem, and the matter will be taken care of. In regard to Item "f", which concerns utility work in several areas, Mayor Lozano inquired if the utility lines are being relocated. City Manager Townsend stated that street improvements are planned for these areas, and every effort is being made to have the utility work completed prior to the beginning of street construction. Council Member Gill inquired if relocations of utilities involve installa- tion of new lines, and City Manager Townsend stated that if it is necessary to install new lines to bring the utilities up to standard, then this is done. Motion by Sample that the City Manager's Reports, Items "a" through "k" be accepted; seconded by Diaz; and passed unanimously. City Manager Townsend stated that the following City Manager's Report had been posted as an emergency item, stating that he would like to discuss this with the Council since it was not listed on the agenda: 1 nutes tAegular Council Meeting February 15, 1978 - Page 6 1. Recommendation that bid award for a lease/purchase agreement on Data Processing equipment'be made to the following firms on .the basis of low bid: .. Monthly Cost Annual Cost TLW COMPUTER INDUSTRIES, INC.,Atlanta • Model 3145 Central Process Unit $8,819.49 .$105,833.88 'SYSTEMS MARRETING,INC., Phoenix, Ariz.:. Current Perephial Equipment $9,010.00 $108,120.00 FEDERAL LEASING, INC:, Dallas, TX. - $1,624.00 $ 19,488.00 Total •. $19,453.49 $233,441.88 Bids were received from 5 firms. The above cost excludes ad valorem taxes, which -will also be the City's responsibility. • City Manager Townsend reminded•the Council that they' authorized on December . 14, 1977 xeceipt of liids on these items; the bids have been received on these • items; it was difficult to analyze -the bids received and a problem in regard to . -the handling of taxes on the equipment existed. He explained that if a 5 -year lease/purchase.agreement is authorized, the City will not actually take possession of the equipment until the end of the 5 -year period; the companies submitting the . _bids assumed that they could "paper title" the equipment immediately as they have done in other cities. Mr. Townsend indicated that he feels that this is wrong, and the City -would have:to pay_taxes on the equipment until they actually own it. He further stated that discussion has occurred between the City staff • and the bidders, and it is felt that this problem has been solved. City Manager ' Townsend further stated that good bids were received on the items, and a contract • has been prepared for each company which provides for lease -agreement with title not to be assumed by the City for five years. Mr. Townsend also informed the' Council that the interest on theequipment reflects an interest rateof 6' to 7%, which the staff feels is reasonable. • • City Manager Townsend summarized by stating that the staff would like for the Council to approve the item as a part of the City Manager's Report; the staff will then take all three contracts to the bidders for execution; and if they are signed by the bidders, an ordinance will be on the agenda next week to authorize execution of the contracts. • - Minutes Regular Council Meeting February 15, 1978 Page 7 Assistant City Manager Archie Walker further explained the savings that will be realized by this lease/purchase plan. He stated that Item (a) of this report referred to replacement of the computer itself; Item (b) is for the lease/ purchase of the support equipment including terminals; and Item (c) is for a high- speed printer and an additional disc drive. He further explained that TLW Computer Industries will purchase the Model 3135 computer, and the City will lease/purchase a Model 3145 computer, which is an upgrade, increasing the speed and core capacity of the computer. Mr. Walker displayed a graph showing how the projected savings will be accomplished over the 5 -year period. Mayor Lozano inquired if the Model 3145 would be adequate, and Mr. Bob Poe, Manager of Data Processing, assured him that this equipment will be adequate for the City's needs for a number of years. Council Member Holt asked Mr. Poe how long the City's existing system has been in use and how large a City Model 3145 is designed for. Mr. Poe replied that the present system has been in use since 1971, and the new system will be adequate for this City for more than five years. Council Member Gill inquired if the new system will provide an accurate utility billing system and also asked if new programs could be added to the system. Mr. Poe stated that the equipment listed in Group (c) is directly related to the utility system and informed Council Member Gill that several other programs are contemplated, but the City Manager will make the decision as to which programs will be added. City Manager Townsend explained that additional programs will be limited until the utilities have been worked out, and a recommendation will be forthcoming for the employment of a Systems Programmer to work out new programs as needed. He further stated that the process required in connection with the utility bills and keeping accounts current will be very complex. Mayor Lozano inquired about inventory programs for the computer, and City Manager Townsend stated that the computer is being used for this purpose to some extent. Minutes Regular Council Meeting February 15, 1978 Page 8 City Manager Townsend summarized by stating that the ordinances will be before the Council next week or as soon as the contracts with the three companies involved are signed. Motion by Diaz that City Manager's Report Item "1" be accepted; seconded by Sample; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. Council Member Diaz referred to Ordinance "d", second reading, which pro- hibits parking in any park, parkway or median strip, and stated that he hoped that this ordinance will be enforced when it is finally approved. City Manager Townsend assured him that the staff will make every effort to enforce this ordinance and informed the Council that the staff is considering the possibility of inserting flyers in the utility statements to advise citizens that this practice of parking in those areas is prohibited. Mr. Townsend stated that he will request Mrs. Jennifer Duran, Staff Information Assistant, to plan some method of providing this information for all citizens. Council Member Sample referred to Ordinance "h", which creates an Animal Control Advisory Board, and suggested to Mayor Lozano that it might be advisable to place this ordinance on a three -reading basis to provide an opportunity for the public to express their views in regard to the makeup of the board. Mr. Sample expressed the opinion that concerns of citizens should be considered as well as the treatment of animals. Mayor Lozano indicated his agreement to this request. No one in the audience spoke in regard to the ordinances. City Secretary Read 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 53-252, SCHEDULE 111, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON WEBER ROAD, BOTH SIDES, FROM SOUTH STAPLES TO LINCOLN STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". M_ _cea Regular Council Meeting February 15, 1978 Page 9 SECOND READING: AMENDING THE LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF AIRWAYS, INC., AUTHORIZED BY ORDINANCE 13019, DATED FEBRUARY 11, 1978, SO AS TO PROVIDE FOR THE LEASE OF 2,000 SQUARE FEET OF SPACE ON A NON-EXCLUSIVE BASIS AT GATEHOUSE 3 AND 4 AT CORPUS CHRISTI INTERNATIONAL AIRPORT FORTHEACCOMMODATION AND PROCESSING OF PASSENGERS, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 35, ARTICLE I1 - LAND DRILLING SECTION 35-171 (b) (1) SENTENCE ONE, BY INSERTING "A MINIMUM" SO AS TO READ, "A MINERAL FEE OWNER OF AN OIL AND GAS INTEREST NOT COVERED BY AN EXISTING OIL AND GAS LEASE SHALL BE ENTITLED TO PARTICIPATE AS A ROYALTY OWNER ON THE BASIS OF A MINIMUM ONE-EIGHTH (1/8) ROYALTY INTEREST IN THE PROPERTY COVERED BY HIS MINERAL FEE"; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING ARTICLE V, OPERATION OF VEHICLES, BY AMENDING SECTION 53-97, VEHICLES IN PARKS, PARKWAYS, ETC., PROHIBITED, BY AMENDING THE FIRST SENTENCE THEREOF SO AS TO INCLUDE THE WORD "PARK" FOLLOWING THE WORD "DRIVE" AND BEFORE THE WORDS "OR OPERATE ANY VEHICLE," SAID SENTENCE TO HEREAFTER PROVIDE THAT "IT SHALL BE UNLAWFUL FOR ANY PERSON TO DRIVE, PARK OR OPERATE ANY VEHICLE, AS DEFINED IN VERNON'S CIVIL STATUTES, ARTICLE 6701d, IN ANY PARK OR PARKWAY, OR ON ANY MEDIAN STRIP, OR IN ANY PLACE NOT DESIGNATED OR INTENDED FOR THE OPERATION OF VEHICLES." The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill,Holt and Sample voting "Aye". ORDINANCE NO. 14177: AUTHORIZING THE CITY MANAGER TO EXECUTE TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATIONS WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT INCREASING THE CONTRACT POSITIONS FROM 72 TO 83 AND THE CONTRACT AMOUNT FROM $542,400 TO $596,800; THE FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT INCREASING THE CONTRACT POSITIONS FROM 13 TO 21 AND THE CONTRACT AMOUNT FROM $94,100 TO $127,100; AND THE CORPUS CHRISTI STATE SCHOOL INCREASING THE CONTRACT POSITIONS FROM 46 TO 85 AND THE CONTRACT AMOUNT FROM $282,600 TO $473,800 FOR A TOTAL OF 58 ADDITIONAL PUBLIC SERVICE EMPLOYMENT POSITIONS TO EXTEND THROUGH SEPTEMBER 30, 1978, AS MORE FULLY SET FORTH IN THE CONTRACTS, A SUBSTANTIAL COPY OF EACH OF WHICH IS ATTACHED HERETO, MARKED EXHIBITS "A", "B", AND "C", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". ORDINANCE NO. 14178: AUTHORIZING THE CITY MANAGER TO EXECUTE.A CONTRACT WITH NUECES COUNTY FOR THE CON- TINUATION OF THE PROGRAM FOR THE ELDERLY OUTSIDE THE CITY LIMITS OF CORPUS CHRISTI THE CONTRACT TO PROVIDE FOR COUNTY FUNDS IN THE AMOUNT OF $60,000 TO BE USED IN CONTINUATION OF ACTIVITIES SUCH AS TRANSPORTATION, OUTREACH, REFERRAL AND FOLLOW- UP, INFORMATION, RECREATION, AND SOCIAL SUPPORTIVE SERVICES FOR A PERIOD OF ONE Minutes Regular Council Meeting February 15, 1978 Page 10 YEAR BEGINNING MARCH 1, 1978, AND ENDING FEBRUARY 28, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS REQUIRED IN THE ADMINISTRATION AND IMPLEMENTATION OF THE AFORESAID PROGRAM: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". ORDINANCE N0. 14179: APPROPRIATING OUT OF NO. 162 FEDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT ACTIVITY 4736, CODE 502, THE SUM OF $628,721.90, TO REIMBURSE THE NO. 141 WATER REVENUE FUND, ACTIVITY 5171, CODE 602, IN THE AMOUNT OF $323,908.00; THE NO. 106 GAS FUND ACTIVITY 5171, CODE 602, IN THE AMOUNT OF $299,813.90; AND THE NO. 109 WASTEWATER SERVICES FUND, ACTIVITY 5171, CODE 602, IN THE AMOUNT OF $5,000.00 FOR CITY FORCE ACCOUNT WORK PERFORMED DURING THE 1977-78 FISCAL YEAR, AND NOT PREVIOUSLY REIMBURSED, IN THE HIGH TERRACE, LA ARBOLEDA, CASA BLANCA SUBDIVISIONS, LOZANO SCHOOL, ELLA BARNES AND WASHINGTON-COLES AREAS, AS ALLOCATED IN THE THIRD YEAR COMMUNITY BLOCK GRANT CONTRACT FOR UTILITY SYSTEM IMPROVEMENTS AND RELOCATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". FIRST READING: CREATING AN ANIMAL CONTROL ADVISORY BOARD OF THE CITY OF CORPUS CHRISTI, TEXAS; AMENDING CHAPTER 2, ARTICLE VI, OF THE CORPUS CHRISTI CODE, 1976 REVISION, AS AMENDED, BY ADDING SECTIONS 2-166 AND 2-167 DETAILING THE ORGANIZATION, PURPOSE AND DUTIES OF SAID BOARD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". RESOLUTION N0. 14180: DESIGNATING MAYOR GABE LOZANO, SR. AS THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTOR - AT -LARGE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL LEAGUE PURSUANT TO ART. IV, SECTION 4.1 (2) OF THE CONSTITUTION OF THE TEXAS MUNICIPAL LEAGUE AND DIRECTING THE CITY SECRETARY TO CERTIFY SAID DESIGNATION TO TEXAS MUNICIPAL LEAGUE BY FORWARDING TO THE LEAGUE A CERTIFIED COPY OF THIS RESOLUTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Ms. Eileen Beaty, 711 Glenoak, addressed the Council and stated that she resides in Flour Bluff. Ms. Beaty referred to the new Flour Bluff Swimming Pool and pointed out that since it is in a remote area, it is subject to vandalism, Minutes Regular Council Meeting February 15, 1978 Page 11 and indicated that she has seen evidence of this already. Ms. Beaty stated that she understood that the swimming pools on the west side of the City have reduced fetes and requested that similar rates be considered for the Flour Bluff Swimming Pool. Ms. Beaty also requested that the Council consider an additional bus route in the Flour Bluff area, stating that it is two miles from her home to the nearest bus stop, and a number of citizens in that area are experiencing difficulties because of the distance from a bus route. She also stated that the cost of a taxi from her home to the downtown area is approximately $12 to $15. Discussion followed on this matter, and City Manager Townsend stated that the south end of Flour Bluff is the area that is a greater distance from any bus service than any place in the City. He agreed with Ms. Beaty that there is a serious transportation problem. Council Member Holt inquired if it would be possible to place this matter on the agenda for the weekend workshop for discussion. City Manager Townsend stated that the weekend workshop is already pretty well filled with other discussion items but indicated that he will have a report on the bug situation in the Flour Bluff area in the near future. In regard to the charges for pool use, City Manager Townsend explained that the rates were reduced at the Meadow Park and T. C. Ayers Pools because they were under-utilized, and it was hoped that the lower fees would encourage more use by citizens in the area. He stated that the staff would not recommend reduced rates for the Flour Bluff Pool until usage is determined. Council Member Holt suggested that a free learn -to -swim type of program at the City pools might be a method to encourage use of the pools. City Manager Townsend stated that this type of program was instigated several years ago, but the past two years a fee of $5 was charged at most of the pools; how- ever, the program was free at some of the pools. Minutes Regular Council Meeting February 15, 1978 Page 12 Mr. Felix Garcia, 4643 Vestal, spoke on another matter and informed the Council that he lives behind the freeway off Gollihar, which is a very heavily traveled area. He stated that one death from a traffic accident has occurred there; a number of motorists speed through the area; and explained that it is very difficult to proceed from Vestal to Gollihar without having to wait for some time for a break in the traffic. Mr. Garcia requested that some type of traffic control be installed in the area or that closer observation by police be con- sidered. Mayor Lozano agreed that there is a problem there which is aggravated because of the traffic light at Prescott Street. City Manager Townsend stated that he will be glad to have this traffic problem investigated. Mr. Bill Coleman, speaking on behalf of the members of the Black community, expressed concern that Council Member Sample was not selected to serve as Mayor Pro Tem. Mr. Coleman stated that Mr. Sample had received the largest number of votes in the last election and reminded the Council that traditionally, that is the Council Member who is usually selected to serve as Mayor Pro Tem. Mr. Coleman expressed the feeling that the Black citizens felt that it was discriminatory not to select Council Member Sample for this position. He also presented a letter addressed to all of the Council Members from Dr. Charles A. Christopher expressing the same sentiments. (Copy of Mr. Coleman's remarks and Dr. Christopher's letter are on file in the Office of the City Secretary.) Mayor Lozano pointed out that during two different elections, he had received the largest number of votes but had not been selected as Mayor Pro Tem, stating that he could sympathize with Council Member Sample and he understood how he felt in regard to the matter. Mayor Lozano assured Mr. Coleman that the fact that Mr. Sample is Black had nothing to do with his not being selected as Mayor Pro r� _stee Regular Council Meeting February 15, 1978 Page 13 Tem, but Mr. Gulley had simply received a majority of the Council votes and was selected to serve as Mayor Pro Tem. Council Member Diaz also assured Mr. Coleman that neither color•nor race were considered when the appointment was made - the majority of the Council voted for the member whom they thought would perform well as Mayor Pro Tem. Mayor Pro Tem Gulley stated that he regretted that this matter was being discussed, but since the issue had arisen, he would like to set the record straight. Be referred to Mr. -Coleman's statement that traditionally the Council Member receiv- ing the most votes is the one selected to serve as Mayor Pro Tem,and stated that he did not think that this should be the criteria for the selection, but to set the record straight, Mr. Gulley pointed out that Mr. de Ases had received the most votes in the General Election; Mayor Lozano had received the most votes in the Runoff Election; and he (Mr. Gulley) had received the second highest number of , votes in the General Election; whereas, Mr. Sample had received the second largest number of votes in the Runoff Election. Mayor Lozano stated that there is no rule about the selection of Mayor Pro Tem, and it is the duty of the Council to appoint the person best qualified ' for the position. Mayor Lozano announced the public hearing on three zoning applications. City Manager Townsend announced the public hearing on Application No. 178-3, H. C. Arbuckle, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 10-B, Ave Cooper Addition, located on the west side of Kostoryz Road, approximately 100' north of Gollihar Road. City Manager Townsend informed the Council that the Planning Commission recommends approval, end:the Planning Staff recommends denial on the basis that this is a neighborhood business area with small, shallow lots facing along Kostoryz Road and that "B-4" zoning would permit more intense uses and larger signs at'a congested intersection. Mr. Townsend also stated that in response to the notices of the public hearing, one in favor had been returned. Minutes Regular Council Meeting February 15, 1978 Page 14 Chief Planner Larry Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that the owner plans to lease the property to be used for a muffler installation shop in addition to the existing use, which is for the repair of lawn mowers and equipment rental. Council Member Sample inquired as to why the staff is opposed to a muffler installation shop at this location and also asked if the staff would recommend approval of a special permit for this use. Mr. Wenger replied that the staff would still be opposed to this use because of the possibility of excessive noise. Council Member Holt inquired as to why "B-4" zoning is required for a muffler installation shop, whereas, "B-1" permits service station operation which might also involve muffler installation. Chief Planner Wenger stated that the proposed shop would primarily install mufflers, but a service station performs such work only occasionally. Council Member Holt asked if the Council could grant some type of zoning that would permit the muffler installation but limit the size of the signs that are allowed under "B-4" zoning. Mr. Wenger replied that this would require a special permit rather than approval of "B-4" zoning. Council Member Sample indicated that he is opposed to "8-4" zoning in that area in which "B-1" zoning is predominant and stated that he would prefer approval of a special permit for the planned use. Council Member Diaz expressed concern about this change of zoning because he felt that "B-4" zoning does not seem proper for that area. No one spoke in opposition to this application. Mayor Lozano called for comments from Mr. Gene Peeples, representative of the Planning Commission. Mr. Peeples informed the Council that the Planning Commission had the same concerns about this application as the Council seems to have, since this is a Minutes Regular Council Meeting February 15, 1978 Page 15 borderline type of situation. He stated that if the "B-4" zoning is approved, any use allowed under this zoning could be installed at that location, which might be objectionable for this area. Mr. Peeples pointed out that "B-4" zoning exists across the street on property owned by the H. E. Butt Grocery Company; therefore, the Commission recommended approval of "B-4" zoning for this tract to avoid the issuance of any more special permits. He expressed the hope that the new sign recommendation that is being prepared will eliminate the need to approve so many special permits. Mr. H. C. Arbuckle, the applicant, stated that he would like to point out that "B-4" zohing has been approved on property to the south of his property; H.E.B. has "B-4" zoning across the street from the subject property, and they have not developed the property; he discussed this zoning with the property owners in the area and none of them objected to the change of zoning; and he assured the Council that no large free-standing signs will be installed. Mr. Arbuckle informed the Council that if the proposed sale to the prospective purchaser does not mater- ialize, he proposes to install a muffler shop himself. He also pointed out that no residences are in existence on Rostoryz Road in this immediate area. Council Member Sample complimented Mr. Arbuckle on his presentation, but asked him why he objects to a special permit which would allow the same use. Mr. Arbuckle explained that while a special permit would be satisfactory for the person to whom it is issued, the property cannot be sold to another party. He reiterated that the H. E. Butt Grocery Company, a large company, had been granted "B-4" zoning across the street and indicated that he, as a small busi- nessman, should have the same consideration. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the "B-4" zoning be denied, but in lieu thereof, a special permit for the operation of a muffler installation shop be approved. There was no second to the motion. Mayor Lozano inquired of Mr. Arbuckle if he would accept a special permit, and Mr. Arbuckle stated that he would not. Minutes Regular Council Meeting February 15, 1978 Page 16 Motion by Sample that the Council accept the Planning Staff's recommen- dation and the application be denied. There was no second to the motion. Motion by Gulley that the Council accept the Planning Commission's recom- mendation that the change of zoning to "B-4" be approved; seconded by Holt. Council Member Gill stated that she will vote against this motion because she feels that the City should adopt a sign ordinance and indicated her opposition to the "B-4" zoning because of the possibility that a large free-standing sign could be installed there. She further explained that she does not object to the installation of a muffler shop at this location but expressed concern that if the property is sold, objectionable uses could exist on the property and any size sign would be allowed. Council Member Sample explained that he agreed and had the same concern about "B-4" zoning at this location. Council Member Holt stated that he will vote affirmatively on this motion since "B-4" zoning was granted to a large concern across the street, and he feels that the small businessman should be granted the same privilege. Mayor Lozano called for the vote on the motion to approve "B-4" zoning, and it passed by the following vote: Lozano, Gulley, Diaz, and Holt voting "Aye"; Gill and Sample voting "Nay." Council Member Gill stated that as a result of this zoning approval, this entire area will soon be zoned "B-4". City Manager Townsend announced the public hearing on Application No. 178-4, Mr. Tonnie Smethers, for change of zoning from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District on Tract A, Western Hills Unit I, located on the southwestern corner of Western Drive and Leopard Street. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. He stated that no responses to the notices of the public hearing had been received. Minutes Regular Council Meeting February 15, 1978 Page 17 Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that a drive-in grocery store is planned for the location. No one spoke in opposition to this zoning request. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the recommendation of the Planning Commission be accepted and the zoning be changed to "B-1"; seconded by Diaz; and passed unani- mously. City Manager Townsend announced the public hearing on Application No. 178-6, Dale W. Rascoe, DVM, for change of zoning from "B-1" Neighborhood Busi- ness District to "B-4" General Business District on Lot 14, Block B-1, Pope Place Unit I, located on the east side of Doddridge Street approximately 170' north of South Staples Street. Mr. Townsend explained that both the Planning Commission and the Planning Staff recommend denial of the "B-4" zoning but in lieu thereof, approval of a special permit, subject to an approved site plan, and limitations on the size of the sign. He stated that in response to the notices of the public hearing, three in favor and one in opposition from the Southland Corporation had been received. He pointed out that the Southland Corporation had expressed opposition if boarding of animals is allowed on the premises. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that Dr. Rascoe plans to operate a veterinary clinic without kennels, out- side runs, or boarding of animals. Mr. Wenger then presented to the Council the site plan which had been approved by the Planning Commission. He also stated that there is some question as to whether or not the 20% rule is in effect in view of the opposition indicated at the Planning Commission hearing. The applicant, Dr. Dale W. Rascoe, appeared before the Council and explained that he would like to locate his practice in Corpus Christi; he plans Minutes Regular Council Meeting February 15, 1978 Page 18 to operate a small clinic for treatment of small animals; the facility will contain only four or five small cages for seriously ill animals to remain overnight; accord- ing to his architect, there is sufficient parking planned for the facility; and a special permit would be acceptable. Dr. Rascoe also mentioned that this property owner had granted right-of-way for a driveway for access to the Movies Theater, and this will remain open. City Manager Townsend pointed out that outside runs are not even allowed in "B-4" zoning and explained that the service driveway referred to extends 24 feet and a planting strip is required between the business strip and the residential area. No one spoke in opposition to this application. Motion by Holt that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be accepted and the "B-4" zoning be denied, but in lieu thereof, a special permit be approved according to the approved site plan and the conditions listed; seconded by Gill. City Manager Townsend pointed out that since the 20% rule is in effect, the Council usually delays voting on applications unless all seven members of the Council are present, reminding them that currently only six members are on the Council. Mayor Lozano called for comments from Mr. Peeples of the Planning Com- mission. Mr. Peeples explained that residential property exists immediately adja- cent to this property; the applicant was fully prepared to accept a special permit since the zoning for a veterinary clinic is difficult to define; and the Planning Commission had recommended approval of a special permit rather than "B-4" zoning. Mayor Lozano called for the vote on Council Member Gulley's motion to approve the special permit, and the motion passed unanimously. Minutes Regular Council Meeting February 15, 1978 Page 19 Mr. Peeples spoke on another matter and stated that he understood that Mrs. Gill had suggested that the sign ordinance be discussed at the Council's weekend workshop. He explained that the Planning Commission is in the process of review- ing the recommendations presented to them some time ago; the recommendations are now being finalized; and the Commission would like to meet with the Council on this matter at a later date when the recommendations relative to a sign ordinance have been approved by the Commission. ***•*** City Secretary Read called for the votes on the ordinances effectuating the zoning changes approved during the public hearings, and the following ordi- nances were approved: ORDINANCE NO. 14181: 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 H. C. ARBUCKLE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 10-B, AVA COOPER SUBDI- VISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, and Holt voting "Aye"; Gill and Sample voting "Nay." ORDINANCE NO. 14182: 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 TONNIE SMETHERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A, WESTERN HILLS UNIT I, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye." ORDINANCE NO. 14183: 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 AMENDING UPON APPLICATION OF DALE W. RASCOE, Minutes Regular Council Meeting February 15, 1978 Page 20 D.V.M., BY GRANTING A SPECIAL PERMIT FOR A VETERINARY CLINIC, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREIN- AFTER SET FORTH ON LOT 14, BLOCK B-1, POPE PLACE UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye." * * * * * * City Manager Townsend presented to the Council a copy of his itinerary of out-of-town trips he plans. City Manager Townsend also presented a copy of a memorandum in regard to solicitation for membership in the union that had occurred on February 2 at the Coliseum. There being no further business to come before the Council at this time, on motion by Sample, seconded by Diaz, and passed unanimously, the Regular Council Meeting was recessed at 4:47 p.m., to be reconvened at 7:00 p.m. February 15, 1978. * * * * * * The Regular Council Meeting was reconvened at 7:00 p.m. by Mayor Lozano, who stated that the purpose of the reconvened meeting was to allow citizens who are interested in serving as a member of the Council to present their resumes and explain their reasons for desiring to serve in this capacity. City Secretary Read noted that the necessary quorum was present to conduct a legally constituted meeting. The first applicant for the Councilmanic District 3 position was Mr. Bobby Richter, 645 Caddo Street, who presented copies of his resume to the Council. Mr. Richter stated that.he is 21 years of age, a student at Corpus Christi State Uni- versity, has been interested in municipal government since he was in high school. He indicated that he desired to serve as a member of the Council to provide youth- ful ideas and to be instrumental in helping the City develop. The next applicant for the Council vacancy was Mr. Al Herrera, 4606 Salazar, who also presented copies of his resume to the Council Members. Mr. Herrera asked that he be considered for the position and stated that he felt that he was qualified Minutes Regular Council Meeting February 15, 1978 Page 21 to serve because of his community efforts, pointing out that he had worked to help the City in the recent bond election and the Community -Convention Center bond elec- tion, that he is a graduate of Leadership Corpus Christi, and that he feels that he can work productively with each member of the Council. Mr. Tony Juarez, Jr., 5217 Bell Street, was the next applicant who appeared. Mr. Juarez presented the Council with copies of his resume; stated that he is a native of Corpus Christi; he has owned his own business in Corpus Christi for the past ten years; and indicated that he has a strong desire to serve the citizens of Corpus Christi as a member of the Council. He assured the Council that he has no commitment to any special interest group. Council Member Gill informed the Council that she had expected Ms. Rosa Ena Gutierrez to attend this meeting and pointed out that Ms. Gutierrez had pro- vided the Council with a resume. Speaking on behalf of Ms. Gutierrez was Dr. Amelia Medina, 1106 Alexandria, who explained that Ms. Gutierrez had been detained and asked that the Council con- sider her for the Council position, even though she is not present at this meeting. Mayor Lozano assured Dr. Medina that the Council has Ms. Gutierrez' resume, and she will automatically be considered. Dr. Medina mentioned the fact that the public meeting being conducted is an unusual way to select a Council Member. Mayor Lozano agreed that it is a different way, that such a method is not required according to the City Charter, but the Council just wanted to provide all citizens with'an opportunity to be heard on the matter. He reminded Dr. Medina that the Council had been criticized for the manner in which they selected Mr. Joe Holt to fill the vacancy which previously existed on the Council, and the Council had agreed to conduct a public meeting prior to naming another Council Member. Mrs. Betty Brandesky, 4017 Cork, explained that she is not speaking as a candidate but expressed concern that the Council might appoint a Council Member 'from just those who are present at the meeting. Mayor Lozano assured her that the Council may have other candidates that they are considering and will not limit their consideration to just the ones who Minutes Regular Council Meeting February 15, 1978 Page 22 are appearing at this meeting. Council Member Diaz stated that he had contacted several other citizens that he felt were qualified to serve on the Council, but they had all declined for various reasons. Mrs. Olga Gonzales, 1809 Yale, stated that she understood she could not be considered for this Council position because she does not live in District 3, but pointed out that she resides only three blocks from the boundary line. She stated, that she felt that she was the best qualified person for the Council posi- tion since she has been very active in the community. Mrs. Gonzales reminded the Council that she had lived in Corpus Christi for many years; had served on the Goals for Corpus Christi Committee, the Citizens Advisory Committee, and on the Human Relations Commission. Mrs. Gonzales urged the Council not to appoint a member just as a political payoff. She also suggested that a woman be considered, pointing out that there are many well-qualified women in the community. Mayor Lozano pointed out to Mrs. Gonzales that women have the same oppor- tunity to run for the Council, and women can be elected. He again explained that this public hearing is being conducted in an effort to please a majority of the citizens of the City. Mayor Lozano reiterated that according to the City Charter, such a public hearing is not necessary, and stated that he is becoming aware that no matter what method the Council uses to select a Council Member, they cannot please everyone in the City. Ms. Rosa Ena Gutierrez, 4341 Devon, who had just arrived, spoke at this time and urged that the Council consider her for appointment to the Council. Ms. Gutierrez stated that she is involved in the community; she is the mother of one child and stated that she felt that the best thing she could do as a mother was to assist in providing a better community for the future generation. She further stated that she is proud of this City and is interested in serving the citizens as a Council Member. No one else spoke in regard to this matter. Motion by Diaz that the Council convene in closed session to consider the selection of a Council Member for Place 3; seconded by Sample; and passed Minutes Regular Council Meeting February 15, 1978 Page 23 unanimously. City Attorney Aycock cited as authority for the closed session Article 6252-17, Section 2, Appointment of Officers. The Council then went into closed session at 7:31 p.m. The Regular Council Meeting was reconvened at 7:59 p.m. Mayor Lozano called for nominations for the Council position for Place 3, which vacancy was created when he became Mayor of the City. Motion by Diaz that Anthony G. Juarez, Jr. be appointed as Council Member for Place 3; seconded by Sample. Council Member Gill nominated Ms. Rosa Ena Gutierrez for the Place 3 position. Motion by Diaz that the nominations cease, seconded by Sample, and passed unanimously. Mayor Lozano called for the vote on the nomination of Mr. Juarez, and the following voted for Mr. Juarez: Lozano, Gulley, Diaz, Holt and Sample. Mayor Lozano then called for the vote on Ms. Gutierrez, and Council Member Gill voted in favor of this nomination. Mayor Lozano declared Mr. Tony Juarez, Jr., as the new Council Member and inquired if it would be in order for Mr. Juarez to attend the Council weekend workshop that is planned for February 17-19. City Manager Townsend stated that the Council has made the appointment and it would be in order for Mr. Juarez to attend the meeting even though the next official action of swearing in Mt. Juarez would not be conducted until the beginning of the Regular Council Meeting on February 22, 1978. Motion by Sample that the Regular Council Meeting be adjourned; seconded by Holt; and passed unanimously. The Regular Council Meeting was adjourned at 8:01 p.m. February 15, 1978. CHARTER Art. VI, § 12 Sec. 11. Officers and employees, candidacies. • Except as provided in this charter, no person elected to any office of the city shall, during the term for which he was elected, be appointed to any other office or position in the service of the city. If any officer or employee of the city shall file as a candidate for nomination or election to any public office, except to some office under this charter, he shall immediately forfeit his office or employment. (Amend- ment adopted May 25, 1955) MICROFILMED SEP 0 31980