Loading...
HomeMy WebLinkAboutMinutes City Council - 03/01/1978PRESENT: -. Mayor,Gabe Lozano, Sr. *Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 1, 1978 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. • Council Member Joe Holt gave the invocation. 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 Meetings of February 1, 1978 and February 8, 1978 be approved as presented; seconded by Sample; and passed unanimously. Mayor Lozano announced that the following proclamations had been issued: "NUTRITION WEEK" - March 5-11, 1978, and"MEMBERSHIP ENROLLMENT AND VOLUNTEER APPRECIATION MONTH"- March, 1978. ' Mayor Lozano announced the Bid Opening scheduled for 2:00 p.m. on the fol- lowing engineering project: Lozano School Area Street Improvements. This project is in the 3rd Year Com- munity Development Program and includes reconstruction of approximately 3.7 miles of streets with curbs, gutters, sidewalks, driveway and drainage improve- ments. The streets have been petitioned by the abutting property owners and were included in the 1977 bond program. Streets included are: (a) Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street (b) Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard (c) Mohawk Street from Blake Street to Morgan Avenue (d) Aztec Street from Cheyenne Street to Blake Street (e) Osage Street from Morgan Avenue to 300' south of Aztec Street (f) Seminole Street from Blake Street to Aztec Street (g) Rosewood Street from Blake`Street to Morgan Avenue (h) Tasco Street from Sarita Street to State Highway 286 (i) Reynosa Street from Burnet Street to Belton Street. City Manager R. Marvin Townsend stated that Mr. James K. Lontos, Director' of Engineering and Physical Development, would 'conduct the bid opening. Mr. Lontos informed the Council that, the project included the construction of nine streets, the last two listed above having been added to this project two weeks ago by Council action. A MICROFILMED PQ319 O Minutes Regular Council Meeting March 1, 1978 Page 2 Mr. Lontos then opened and read bids on this project from the following companies: M & M Construction Company, Inc.; Abacus Corporation; Heldenfels Brothers; and Asphalt Paving and Construction Company, all of Corpus Christi. Mayor Lozano stated that the bids will be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. He expressed the City's appreciation to all of the bidders who had submitted bids. Mayor Lozano then recognized Dr. Leo Carrillo, Chairman of the Steering Committee of Canto al Pueblo. Dr. Carrillo introduced members of the Steering Committee who were present in the audience and explained that the Canto al Pueblo is a very worthwhile project that will consist of an art festival to be held in Corpus Christi June 2 through 9, 1978, to focus attention on Chicano art. He stated that the festival will attract artists from many cities and local artists will also participate in the event. Dr. Carrillo also informed the Council that art critics and the news media will be here for the event, since it is a national festival. He stated that Canto al Pueblo would like to request funds from the City of Corpus Christi in the amount of $10,000 and emphasized that the County planned to contribute $10,000. He pre- sented the Council with copies of the proposed budget for the festival, which listed the total estimated expenses as $63,300. Dr. Carrillo also requested that a proclamation be issued by Mayor Lozano proclaiming the week of June 2-9, 1978 as Canto al Pueblo Week. City Manager Townsend mentioned that the City of Corpus Christi has pro- vided assistance for this organization by assigning CETA personnel to work on the project, and Dr. Carrillo confirmed this by stating that four CETA employees are operating the office at this time. Council Member Holt noted that the proposed budget listed $20,000 for travel for the artists from out of the City and inquired if the artists will be conducting sales of their work. Dr. Carrillo replied that the artists will just be displaying their art work but will have information available as to where purchases may be made. . f Minutes Regular Council Meeting March 1, 1978 Page 3 Further discussion followed on the estimated budget of the festival and other groups contributing to the event. Dr. Carrillo stated that the anticipated funding from the Texas Committee on the Humanities and the Texas Commission on the Arts are both contingent on matching local funds; therefore, that is the reason for the request for funding from the City and the County. Mayor Lozano announced the public hearing on the closing of Shely Street between Churchill Drive and Fig Street. City Manager Townsend explained that this portion of Shely Street goes through HEB Park; planned expansion of the HEB Tennis Center, for which a grant application has been submitted to the Bureau of Outdoor Recreation, includes clos- ing of the street; and the closing of the street would also decrease the amount of park and other non -local traffic passing through the adjacent subdivision. Mr. Townsend further explained the staff's solution for the closure in that an access road to the park will be provided, but this road will not be wide enough to provide a throughway; 30 feet of right-of-way will be provided for utilities and access to the driveway to the lot that is presently using the street for access; and a six-foot sidewalk will be constructed. City Manager Townsend stated that this would be installed at the City's expense because the people in the area already have curbs, gutters and sidewalks, and their property will not be enhanced by these improvements. He emphasized that the closure of the street would allow for the construction of an additional battery of tennis courts. Council Member Gulley inquired if everyone within 450 feet of the pro- posed closure has been notified, and City Manager Townsend replied that one pro- perty owner had not received a notice but has since been notified. Council Member Holt inquired about the number of vehicles driving through this portion of the street per day. City Manager Townsend stated that a traffic count could be taken in this area, but he was not sure whether or not one had been made, pointing out that it would be difficult to determine whether or not the vehicles going through the park were users of the park facilities or through Minutes Regular Council Meeting March 1, 1978 Page 4 traffic. Council Member Holt mentioned that when the NCAA Tennis Tournament is held here, parking space is inadequate, and vehicles are frequently parked through- i. out the subdivision. City Manager Townsend explained that it is difficult to provide enough parking spaces for such special events, and the staff feels that parking vehicles throughout the subdivision to the north of the area would be discouraged if this portion of Shely Street is closed. City Manager Townsend stated that the staff has made studies of the area, and this location is the recommended area for the new tennis courts to be con- structed. He noted that the primary concern at this time is whether or not the street should be closed and whether or not the property owners in the subdivision might not prefer to have less through traffic going to the tennis center. Mayor Lozano invited anyone in the audience opposed to the closing to speak at this time. Mr. Bill Bell addressed the Council expressing opposition to the closure. Mr. Bell stated that he is part owner of 450 feet of property on Shely Street which is zoned "B-4", including Lots 13, 14, 15, 16, 17, 18 and 19 of Block 12, Pineda Park No. 2. He indicated that he felt that closing the street would detract from the value of his property. He also pointed out that there is not adequate parking when tournaments are being conducted at the tennis center. City Manager Townsend noted that the property owned by Mr. Bell is vacant at this time and inquired if there are some plans for this property. Mr. Bell stated that he and Mr. C. C. Speed, who is the other owner of the property, plan to construct a retail shopping center there, and closing the street would be detrimental to such a center. City Manager Townsend pointed out that access would be available from their property to Tarlton Street. Mayor Lozano asked about the traffic count, and City Manager Townsend stated that a traffic.count for a 24-hout'period on a Thursday indicated that. 2,093 vehicles used the street between Churchill and Fig Streets, and on Friday the count was 1,441; however,' the destination of the vehicles was not known, and Minutes Regular Council Meeting March 1, 1978 Page 5 some of the persons in the vehicles could have been users of the park. Mr. Bell spoke again and stated that he feels that a severe traffic prob- lem would be created if this portion of Shely is closed. Council Member Gill suggested that there seems to be a problem in regard to proper notification of property owners. City Manager Townsend stated that the procedures currently being conducted by the Tax Office to provide the addresses of property owners has been changed, and in the future, the list prepared by the staff in that office should be correct. Council Member Holt suggested that the closure of this street be tabled at this time until an alternate proposal for location of the battery of tennis courts can be prepared. City Manager Townsend stated that the City staff prepared the plans, and this is the only way the battery can be constructed with more than two or three tennis courts. • Council Member Holt then suggested that some changes be considered to avoid having to close the street. Also speaking in opposition to the closure was Mrs. Maria Garcia, 1818 Hawthorne, who stated that Tarlton Street is very congested, and if Shely Street is closed, this problem will be aggravated and she would have a great deal of difficulty with access and egress to her property. Motion by Gulley that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Gulley that the proposed closure of Shely Street between Churchill Drive and Fig Street be tabled for two weeks; seconded by Juarez; and passed unanimously. Mr. Sam Main, representing Mr. Bell, inquired if he would be allowed to participate in discussion of the closure at that time. Mayor Pro Tem Gulley explained that the matter will be discussed during the Workshop Meeting in two weeks, and anyone is welcome to attend this meeting. City Manager Townsend suggested that since the hearing had been closed, anyone in opposition to the closing could submit any written data in regard to Minutes Regular Council Meeting March 1, 1978 Page 6 the matter prior to that time. * * * * * * Mayor Lozano announced the public hearing on the preliminary assessment roll for the extension of a 12" water main in Flour Bluff Drive from near Ramfield Road to Yorktown Boulevard, and an 8" water line in Yorktown Boulevard from Flour Bluff Drive westward 1,280'. City Manager Townsend stated that this is the first time the City has extended a water main by authority of recent legislative enactment and charged assessments, but the mechanics of the assessments are almost the same procedure as is followed for street improvements. Mr. Townsend stated that City Attorney J. Bruce Aycock will preside during the public hearing, and Mr. James K. Lontos, Director of Engineering and Physical Development,will provide testimony for the City. He also informed the Council that the water lines are being extended to serve subdivisions in the area. City Attorney Aycock stated that this hearing is required by State law, and the purpose of the hearing is to establish evidence on which the Council may base their decision on whether or not the property involved will be enhanced to the extent of the proposed assessment. Mr. Aycock called as his first witness Mr. James K. Lontos. Mr. Aycock questioned Mr. Lontos as to his qualifications to testify in regard to these improvements and ascertained that a formal resume of his qualifi- cations is on file in the Office of the City Secretary and considered as a part of the Minutes of this public hearing as if written herein. Mr. Lontos located the affected area on the map displayed before the Council and explained that this project includes the installation of an 8" water main on Yorktown Boulevard and a 12" water main on Flour Bluff Drive. Mr. Lontos stated that the 12" diameter line will be constructed from the existing water main near Ramfield Road southwestward along the west side of Flour'Bluff Drive for 1,920' to the intersection with Yorktown Boulevard; the 8" diameter line will be connected to the 12" line and will be constructed along the north side of Yorktown Boulevard Minutes • Regular Council Meeting March 1, 1978 Page 7 for 1,280'. Mr. Lontos also informed the Council that the plans for this project were prepared by the Department of Engineering and Physical Development, and the City's Water Division crews will construct the lines. Mr. Lontos stated that the preliminary assessment roll was figured accord- ing to the estimated cost of the project, and the total assessments are 90% of this cost. He explained that the 'cost of the water main would be $7.08 per linear foot; the total cost will be $39,474.23; the total of the preliminary assessments is $22,797.60; and the total of the City's portion of the project will be $16,676.63. City Attorney Aycock called as his next witness Mr. W. J. (Bill) Holly, Jr., Real Estate Broker licensed in the State of Texas. Mr. Aycock questioned Mr. Holly as to his qualifications to testify as an appraiser of the proposed assess- ments and ascertained that a formal resume of his qualifications is on file in the Office of the City Secretary and is to be considered a part of the Minutes of this public hearing as if written herein. Mr. Holly testified that he had been in the area of the proposed construc- tion of the water mains, was familiar with the project, and had examined each and every parcel of land abutting the location of this project. City Attorney Aycock inquired if, in his opinion, each parcel of land would be enhanced at least the amount of the preliminary assessment listed on the roll. Mr. Holly testified that, in his opinion, each parcel would be enhanced at least in the amount of the preliminary assessment with the exception of Item 8, with Anna T. Smith, Estate, listed as the owner and Mr. Farrell D. Smith, Trustee, of Lots 23 and 24, Section 38, Flour Bluff and Encinal Farm and Garden Tract. Mr. Holly explained that Lot 23 contains a pit, which is approximately 10 feet in depth and frequently contains water, which makes about 35% of the total land area of the lots unusable. Because of this, Mr. Holly suggested that the total assess- ment for this property of $9,062.40 be reduced by $3,185.43 (35%) for a net assessment of $5,876.97. City Manager Townsend stated that the staff takes no exception to Mr. Holly's recommendation. Minutes Regular Council Meeting March 1, 1978 Page 8 Mayor Lozano inquired if any of the property owners involved in the assess- ments desired to speak. Mr. Farrell D. Smith, Trustee for the property recommended for a reduction, stated that if the Council agrees with this reduction, he will not have any com- ments because this assessment would then be satisfactory with him. He also com- plimented Mr. Holly on the manner in which he had performed his appraisal of the property associated with this project. No one else spoke in regard to this project. Motion by Sample that the hearing be closed, seconded by Holt, and passed unanimously. Mr. Lontos introduced to the Council Mr. Marion Brown, who is a new staff member in the Department of Engineering and Physical Development and who will be in charge of the assessments for that department in the future, serving as the City's Paving Coordinator. Motion by Gulley that the preliminary assessment roll, including the reduction recommended by Mr. Holly, be approved; seconded by Holt; and passed unanimously. Mayor Lozano requested that the contract with the Tourist Bureau be placed on the agenda for the Workshop Meeting next week to discuss that agency's request for extension of the contract. City Manager Townsend stated that he would have this on the agenda. 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 3:30 p.m. during the Regular Council Meeting on March 22, 1978 on the following zoning appli- cations: (1) Mr. Edwin V. Adams: "B-4" to "I-3", located on the southwest corner of South Padre Island Drive and Baywood Lane. (2) Hunt Developers, Inc.: "A-2", "B-4" and "R-2" to "R -1B", located on the north side of Holly Road, approximately 500' east of Rodd Field Road. (3) Dr. Roger Byrne: "A-2" to "B-4", located on the south side of Corona Drive, approximately 1200' east of Flynn Parkway. (4) Mr. Ben Marks, Trustee: "A-1" to "A-2", located on the southeast corner of Flynn Parkway and Corona Drive. Minutes • Regular Council Meeting March 1, 1978 Page 9 b. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on March 29, 1978 on the following zoning appli- cations: (1) Mr. Carl Webb: "R -1B" to "A-1", located on McIver Street between Matlock Street and South Padre Inland Drive. (2) Lexington Capital Group, Inc.: Exception to Screening Fence Require- ment, located on the south side of Williams Drive between Trey Way Lane and Airline Road. c. Recommendation that bids be received at 11 a.m. Tuesday, March 21, 1978, on the following budgeted items: (1) Installation of 176 feet of chain link fence around a gas regulator station on the west side of Greenwood Drive, south of Lawton Street, and one on the west side of Waldron Road Between Division Road and Patricio Road. (2) 8 replacement 20 cubic yard rear load packer bodies for the Sanita- tion Division for garbage collection. (3) Special truck bodies and tool boxes for various divisions including 10 replacement 4 to 5 cubic yard dump bodies for the Street Division, one replacement hose and sprinkler body for the Park Division, one replacement Water Division 120" service body without canopy, 3 replacement Gas Division 132" service bodies with canopy, 5 pairs of replacement utility side pack tool boxes for the Water Division and one additional pair for the Gas Division, and 5 replacement and 3 additional storage tool boxes for the Water Division. d. Recommendation that bid award on trees be made to the following firms on the basis of lowest bid: Turner Landscape, Corpus Christi 200 2" Tallow Trees $2,776.00 25 2" Live Oak Trees 885.00 Currie Seed Company, Corpus Christi 200 11" Cottonwood Trees $1,950.00 125 Palm - Trunk 8'-10' 4,812.50 GRAND TOTAL $ 3,661.00 $ 6,762.50 $10,423.50 It is recommended that 11" cottonwood trees be purchased in lieu of 2" trees because no bids meeting specifications were received. No bids were received for 75 4-6' ornamental date palms. Price comparison indi- cates an increase of 8% on tallow trees, 8% on palms and 1% on live oak trees. Bids were received from two firms. e. Recommendation that a 3 -year mineral lease underlying a five -acre tract on Up River Road near Navigation Blvd. be approved with Dr. Robert H. Balme. The lease will provide: (1) A bonus of $150 per acre with a $10 per acre delay rental for a primary term of 3 years; (2) Minimum royalty of 1/5; and (3) The right to pool the minerals with adjoining acreage not to exceed an aggregate of 320 acres for gas or 40 acres for oil. The site is outside of the City limits. The surface was sold to the Corpus Christi Country Club in 1938 with the City retaining the minerals. The surface belongs to Coastal States. Two bide were received. Minutes Regular Council Meeting March 1, 1978 Page 10 f. Recommendation that Sun Oil Co. be granted a permit to drill a well at a regular location in Corpus Christi Bay. The location is approximately 2 miles south of Ingleside on the Bay and 4 miles northwest of Mustang Island. The proposed State Tract 424 Well #8 is to be drilled as a straight hole to a depth of 13,500'. Sun Oil Co.'s application is in order and no exceptions to the Bay Drilling Ordinance have been requested. g. Recommendation that $60,000 be provided from the General Fund Reserve to aid low income utility customers in paying high winter gas bills and a contract be executed with Nueces County to administer the program through the County Welfare Department. It is estimated that 1,200 customers who have no financial resources for making payments will have utility services disconnected if aid is not provided. h. Recommendation that five Title II CETA employees be hired on a temporary basis from March 1 through May 31, 1978 to be outstationed with the Nueces County Welfare Division to administer a gas bill payment assistance program. The positions would consist of two Administrative Aides, Grade 18; one Account Clerk, Grade 14; and two Senior Clerks, Grade 12. It is further recommended that one Title II, Senior Clerk, Grade 12, be employed tem- porarily for this time period in the Utilities Office for clerical support. i. Recommendation that a resolution be approved urging the General Services Administration to locate future Federal buildings (whether Federally owned or leased) and Federal services in the central area of Corpus Christi. City Manager Townsend stated that he would like to present Item "j" later in the meeting because City Secretary Read has prepared an extensive memorandum in regard to polling places and the mechanics of the Annexation Election which will require further explanation. k. Recommendation that Parcel No. 5 of the Airport Land Acquisition project be acquired from Mrs. Annie Blake Morgan Head for $103,707. The approved value was $101,250. The original City survey did not include 30 feet to the center- line of the road, but it has been determined that this is the usual way to measure farm land and thus the comparable sales would have been so measured. The adjusted acreage is 76.82 acres. The value per acre remains the same as originally approved. It is also recommended that the acreage and values for Parcels 2, 3 and 4 be likewise adjusted upward a total of $6,399. Suf- ficient appropriations are available to acquire all of these parcels, which are located north of McGloin and east of Buckholt Roads. A Federal Avia- tion Administration grant has been received for 90% of the acquisition cost. The remaining lOX will be from bonds approved in 1972. 1. Recommendation that the plan of settlement and reorganization of Coastal States Gas Corporation, dated December 26, 1977, and the final closing papers therefore be approved and authority be granted to execute the final closing papers to effect the settlement. The City Council on July 6, 1977 approved the settlement, contingent upon the final closing papers being later approved by the City Council. m. Recommendation that the 400 block of Laguna Street and the 100 and 200 blocks of North Mesquite Street be closed to vehicular traffic from 8:00 p.m. to 11:30 p.m. Saturday, March 18, 1978, so that KEYS Radio, in cooperation with the Park and Recreation Department, can sponsor a street dance. The abutting property owners have been contacted and offer no objections to the street closing. .tes Regular Council Meeting March 1, 1978 Page 11 n. Recommendation that an application be submitted to the Governor's Office of Energy Resources for $5,000 for research and training regarding energy standards for buildings. The grant will be used to accumulate climatic data in various parts of the City, determine the impact on Corpus Christi of the proposed national energy standards and provide training for the Building Inspection staff and local architects, engineers and building contractors on energy conservation methods. o. Recommendation that the award of additional perepheral data processing equipment contract to Federal Leasing be withdrawn and the award be made to the following firm: SYSTEMS MARKETING, Phoenix, Arizona Group C Perepheral Equipment consisting of High Speed Printer Disc Storage Tape Drive Monthly Rate $1,791.00 Annual Rate $21,492.00 The original recommended lessor Federal Leasing had returned our contract stating that the terms and conditions are totally unacceptable. The next low bidder CMI Computer had requested previously that their bid security be returned. They were also unable to meet the 30 day delivery schedule for the tape drive. p.- Recommendation'that a public hearing be held at 2:00 p:m. during the Regular Council Meeting on March 22, 1978, on the closing of Austin Street between Angel Drive or Breezeway and Chamberlain. A hearing was previously held on this closing at the request of Incarnate Word Academy. The street was closed subject to modification of the intersections of Austin and Breezeway and Austin and Chamberlain to remove all semblance of a public street and the replatting of Block 609, Port Aransas Cliffs. However, a new hearing is necessary because all residents within the 450 feet of the street closing were not notified. In a discussion of Item "k", in regard to acquisition of land near the Airport, City Manager Townsend located the area on a transparency and stated that the owners are agreeable to the appraised value based on measurement to the center- line of the street rather than the right-of-way line. Council Member Gill suggested that values of land should be considered to the center line of the street on all property acquired by the City. City Manager Townsend explained that streets and alleys are not included in evaluating property when it involves urban property. Council Member Gill inquired if owners of property had been paid an amount based on measurement to the center line of the street in previous acquisitions near the airport. City Manager Townsend stated that the tract referred to on today's agenda is a rare situation in which the City is purchasing unplatted farm land, and com- parables were obtained on the same basis. Minutes Regular Council Meeting March 1, 1978 Page 12 In regard to Item "1", which concerns the plan of settlement and reorgani- zation of Coastal States Gas Corporation, City Manager Townsend reminded the Council that a resolution was approved on July 6, 1977, which authorized the City Manager to work with other gas customers of this company to effectuate a settle- ment. Mr. Townsend explained that according to the sales figures for 1975, the City of Corpus Christi represents 1.23% of the total volume involved in Lo -Vaca sales. He further stated that the settlement document would terminate the City's suit with this company; it would require the formation of a new company; the cus- tomers would have a stock interest in the new company; the new company would be located in a City other than Houston and be completely separate from Coastal States Gas Corporation and Mr. Oscar Wyatt; and a major gas search program would be required as part of the settlement. Mr. Townsend informed the Council that the attorneys for the gas customers have been meeting on a regular basis, and the principal parties involved are ready to move forward with this settlement; there- fore, it is recommended that the Council approve the final papers and the execu- tion thereof. Mayor Lozano inquired as to how the City's customers might benefit from this settlement and if there would ever be less expensive gas available. City Manager Townsend replied that the major impact of the settlement is that if the gas research program produces a cheaper source of gas, the custo- mers would benefit, and this is the only way to assure the City 'of a source for gas, pointing out that if''Lo-Vaca and Coastal States -are bankrupt,'their gas _' contracts would be canceled, and the City would not have a source for gas. Mayor"Pro Tem Gulley asked how many gas customers have agreed to sign the settlement and what the consequences would be if all customers do not sign. City Manager Townsend explained that a certain percentage of the customers must sign the settlement; the Railroad Commission must approve the settlement; and the Attorney General also must approve it. Mr. Townsend informed the Council that most of the larger customers have agreed to sign the settlement. In regard to Item "o", concerning award of bid to Systems Marketing for the additional perepheral data processing equipment, City Manager Townsend stated Minutes Regular Council Meeting• March 1, 1978 Page 13 that this is recommended because the original recommended lessor, Federal Leasing, refused to sign the contract with the City. In regard to Item "d", Council Member Diaz inquired if bids were received on this item. City Manager Townsend explained the City's procedure for receiving bids and informed him that the Purchasing Department receives bids on Tuesday mornings for purchasing items; the Department of Engineering and Physical Development receives bids on projects for less than $25,000 on Tuesday afternoons; and projects in amounts over $25,000 are received by the City Council. Mayor Lozano called for comments from the audience on the City Manager's Reports, Items "a" through "o", with the exception of Item "j", which will be con- sidered later in the meeting. Mr. Neal Sullivan, 3714 Liberty, stated that he had been out of the United States for several months and had not been aware that a settlement with Coastal States Gas Corporation was imminent and inquired as to how the City would recover the amount of damages due. City Manager Townsend explained that even though the'Railroad Commission had ruled against Coastal States Gas Corporation, the present obligations of the company exceed the total net worth of all of the Coastal States properties by a ratio of better than four to one; if the company becomes bankrupt, the bond holders would receive any funds that are left; and if the contracts are subsequently ter - minted by this action, the City would be in jeopardy in regard to a gas supply. Mr. Townsend explained that the only method by which the City could obtain any funds from Coastal States at this time is by forcing them to conduct, a gas search program, through the newly formed company, which may in turn lower the price of gas. He continued by stating that the settlement will firm up the gas supply and remove Coastal States and Mr. Wyatt from the situation. Mr. Sullivan questioned how any contract between the City and another party is valid if the contract between the City and Lo -Vaca Gathering Company is not valid. He then referred to a statement made by former Mayor Jason Luby Minutes Regular Council Meeting March 1, 1978 Page 14 that there is another source of gas. City Manager Townsend assured him that unfortunately, there is no other source of gas that would be as inexpensive as the gas the City is now purchasing. He further stated that the newly formed company will be responsive to the citizens of Corpus Christi, and even though the City would certainly like to receive a settlement from the company, the City might not have a supply of gas if the new company is not formed. ' Speaking on another matter was Mr. Romeo Garcia, representative for Incarnate Word Academy. Mr. Garcia expressed their concern in regard to the second public hearing set for the closing of Austin Street between Chamberlain and Breezeway. He pointed out that representatives of the Academy had obtained signatures from 73% of the residents in the area indicating that they have, no' • objections to the closure. Mayor Lozano explained that there was a slight procedural mistake in noti- fying property owners; a resident within the 450 -foot radius had voiced an objec- tion; therefore, the Council felt that it was best to hold the hearing again. City Manager Townsend further stated that certain property owners just did not receive notices of the public hearing, and the staff felt that someone could stop the closing of the street because of this.and had therefore recommended that the hearing be held for the second time. He assured Mr. Garcia that the City, not Incarnate Word Academy, had made the error..'•' Mr. Garcia stated that the Academy is concerned because the tennis courts are already under construction; the streets have been barricaded at some expense to the Academy; and they would like to expedite the matter. Mr. John Stensland, 337 Primrose Drive, spoke in regard to the proposed settlement with Coastal States Gas Corporation and mentioned that the Railroad Commission had made a decision that the original contracts with Coastal States. should be honored; shortly after that, Coastal States decided that they should accept the proposed settlement with customers; and inquired if there was any rela- tionship between those two decisions. Minutes Regular Council Meeting March 1, 1978 Page 15 City Manager Townsend stated that Coastal States and Lo -Vaca had agreed to the original proposed settlement in January, 1977; the delay was not caused by Coastal States; but some of the customers had questions about the settlement. Mr. Stensland stated that it was his understanding that the officers of the newly formed company were to be located in Corpus Christi. City Manager Townsend assured him that the wording in the settlement document is still the same as it was when originally presented, and it specifies that the location of the new company will not be Houston, but it will be in San Antonio or Corpus Christi. He pointed out that it is a well-known fact that San Antonio represents 17.1% of the total volume of the company, whereas, Corpus Christi represents only 1.23% of the volume; therefore, realistically, it seems that the new company will have the main office in San Antonio. Motion by Diaz that the City Manager's Reports, Items "a" through "p", with the exception of Item "j", which will be discussed later, be accepted; seconded by Sample. Mayor Pro Tem Gulley stated that he would like to make 'a statement in regard to Item "g", which recommends that the City provide $60,000 to assist residents who are unable to pay their gas bills. Mr. Gulley pointed out that there is a charity at every level of government, and the City has no control over that; the local government has no charity; and he feels that the Council has an obligation to protect the tax money of all citizens and that this alloca- tion for the benefit of a few is not proper. Council Member Diaz expressed the opinion that it is the function of local government to help its citizens. Mayor Lozano called for the vote to approve the City Manager's Reports listed in Council Member Diaz' motion, and the motion passed by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye" on all of the items; Gulley and Holt voting "Aye" on all of the items with the exception of Item "g", on which they voted "Nay." Minutes Regular Council Meeting March 1, 1978 Page 16 Mayor Lozano announced the public hearings on two zoning applications. City Manager Townsend announced the public hearing on Application No. C178-11, City of Corpus Christi, for change of zoning from "B-4" General Business District to "R -1B" One -family Dwelling District on a .55± acre tract of land out of Lot 6, Block 2, Sablatura Subdivision, located on the west side of Margie Drive approximately 100' south of Leopard Street. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. He stated that in response to the notices of the public hearing, three in favor and none in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. City Manager Townsend presented background information on this case, reminding the Council that this was related to a plat ap¢eal that was before them some time ago in regard to the requirement of an 8" water line along Leopard Street and an additional 5' street dedication along Margie Drive since the pro- perty was zoned business. He stated that at the hearing before the Council, it was pointed out that if this property were rezoned to residential, the additional 5' street dedication would not be required; therefore, the City had instigated this zoning application. Mayor Lozano noted that Dr. Nancy Bowen, representative of the Planning Commission, was present at the meeting. No one spoke in regard to this zoning application. 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 on this tract of land be changed to "R -1B"; seconded by Holt; and passed unanimously. Minutes Regular Council Meeting March 1, 1978 Page 17 City Manager Townsend announced the public hearing on Application No. 178-12, Mr. Frank V. Petry, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lot A, Block 2, South Bay Annex, located on the northeast corner of South Padre Island Drive and Southbay Drive. Mr. Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial, but in lieu thereof, "A-1" be approved because adequate business zoning and business uses exist in the area. City Manager Townsend also informed the Council that in response to the notices of the public hearing, two in favor and one in opposition had been returned. Mr. Townsend further stated that the Planning Staff recommendation that "A-1" zon- ing be approved on this tract has since been revised, and they now recommend that "B-3" zoning be approved in lieu of the "B-4" zoning requested. He stated that the reason for this was that "B-3" zoning does not allow residential uses, and the staff feels that this zoning would be satisfactory since the land in question is in the flight pattern of the Naval Air Station. Dr. Nancy Bowen of the Planning Commission stated that the Commission was not aware that the tract was in the flight pattern at the time the hearing on this application was presented to the Commission. She stated that the Planning Commis- sion would have recommended "B-3" zoning rather than "B-4" if they had been sup- plied with this information. Dr. Bowen indicated that she felt that the applicant would be willing to accept this new zoning recommendation. Mayor Lozano inquired if the applicant would be satisfied with the "B-3" zoning. Mr. Ray Alvarez, Jr., representative for the applicant, Mr. Petry, stated that he felt sure that Mr. Petry would be satisfied with the "B-3" zoning because the business planned for this property would probably be a shopping center. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. No one spoke in opposition to this zoning application. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Minutes Regular Council Meeting March 1, 1978 Page 18 Motion by Diaz that the Council accept the revised recommendation of the Planning Staff and the zoning on this tract of land be changed to "B-3"; seconded by Juarez; and passed unanimously. • City Manager Townsend next presented the following item from the City Manager's Reports: Recommendation that an election be held on April 1, 1978 regarding the annexation of certain developed areas immediately adjacent to the City limits generally including the following: (1) South of Saratoga Boulevard generally between Weber Road and Greenwood Drive, (2) along Clarkwood Road from McGloin Road to the existing city limits and along Highway 44 immediately west of the Clarkwood townsite, (3) west and north of the existing city limits in the general vicinity of Calallen including property south of the city limits across FM 624, (4) north of Interstate 37 generally from Southern Minerals Road west and including all developed property other than existing port related industry on -tracts larger than 5 acres, (5) certain properties immediately north of the city limits at Corn Products Road, Navigation Boulevard, Cantwell Lane, and Nueces Bay Boulevard, (6) a portion of Laguna Madre now surrounded on three sides by the City and a portion of Corpus Christi Bay immediately south of the ship channel and adjacent to the bay area previously annexed by Port Aransas when litigation over their boundaries was settled. - It is further recommended that the election be a joint election with those school districts who so desire, and a public hearing be held on March 15,1975. City Manager Townsend stated that discussions on the areas proposed to be annexed have been held on several occasions; the recommendations have been discussed at several public meetings and at the Council's weekend workshop; and the Planning Commission recommends that these areas be annexed by the City. i4r.-Townsend contin- ued by stating that the areas proposed to be annexed have extensive development; the owners use City facilities and have fire and police protection; and they are served by City streets. He also pointed out that the owners of the properties involved in j• these areas do not pay City taxes. City Manager Townsend presented copies of a memorandum that will be attached to the ordinance calling the election and explained in detail the areas proposed to be annexed while Mr. Ernest Briones, Director of Planning and Urban Development,' located the different areas on the map. Mayor Lozano called for comments from the audience on this item. _ .tes Regular Council Meeting March 1, 1978 Page 19 Mr. Farrell D. Smith spoke at length expressing his concerns about annex- ation. He stated that he is particularly concerned about the area listed in Item (4) which is north of Highway 37, stating that he felt that property should not be annexed if it is undeveloped and does not enjoy City services, or if additional City services are not planned. Mayor Lozano pointed out that the City is planning to annex property con- taining buildings in developed areas. Mr. Smith contended that the election had been called too quickly and no public hearings were held. City Manager Townsend reminded him that the Council had held two public readings of the ordinance at the time annexation was being considered in con- junction with the recent bond election. Mr. Smith reiterated that vacant land should not be annexed. Council Member Diaz asked Mr. Smith about the specific recommendation he was making in regard to the property he owns in the area under discussion. City Manager Townsend explained that the area that Mr. Smith is concerned about does have both water and sewer lines, and the staff would recommend zoning of "I-3" in this area so as not to discourage industry. Mr. Townsend further explained that the Council in 1962 had suggested I,H. 37 as the boundary line for the City in this annexation proposal, whereas, the recommendation of the staff had originally been a jagged line in this area to exclude undeveloped areas. He con- tinued by saying that, if the vacant• land• in' this area is not annexed,'that property will be completely surrounded by the City. Mr. Townsend also pointed out that sewer service would soon be available in that area. Mr. Smith stated that he had been told by the Director of Public Utili- ties and the Director of Engineering and Physical Development that he cannot tie on to the Robstown sewer line and assured the Council that as soon as utilities are'available on his property, he will voluntarily annex his two tracts of land. City Manager Townsend informed Mr. Smith that he understood that the sewer, service will be available in this area in the second or third year program and assured him that he was not aware that he could not tie on to the same line that serves Calallen High School. Minutes Regular Council Meeting March 1, 1978 Page 20 Also speaking in opposition to the proposed annexation was Dr. Michael Meaney, 4106 Naples, who stated that he was representing four land owners and himself who own three tracts on the east side of Carbon Black Road and I.H. 37, in the area of Suntide Road and Up River Road. Dr. Meaney stated that they also own five acres on the access road to I.H. 37. He indicated that they consider some of this property to be port -related land. He explained that they had sold land to Champlin Petroleum Company; Champlin representatives stated that they would not purchase the land if the area is annexed; and the company were consider- ing purchasing several hundred more acres near there. Dr. Meaney also informed the Council that some of his land is under cultivation. Council Member Gill suggested deleting the large tract referred to by Dr. Meaney and the large tract owned by Mr. Smith and agree to annex any small industry in that area that may be developed. City Manager Townsend stated that the Council has maintained that annex- ation is required for property owners to acquire utilities. He pointed out that if these tracts are deleted from the annexation proposition, the city limits line would meander and reminded the Council that they had set these boundaries to avoid this. Mayor Pro Tem Gulley stated that he would be agreeable to removing the farmland from the annexation proposition if the policy of requiring annexation by contract when the property requires utilities is continued. After further discussion, it seemed to be the consensus of the Council that certain areas should be removed from=the annexation proposal. Mr. Frank Schlegel, 4414 Bluefield Drive, spoke on this same matter and stated that he is a taxpayer and that he definitely objects to making exceptions for certain people by deleting their property from the annexation proposition, indicating that as a sizeable taxpayer, he feels that everyone should pay their fair share. Council Member Sample explained to him that the question is whether or not there are utilities on the land to be annexed, and that is why the Council is recommending that this particular property be deleted. Minutes Regular Council Meeting March 1, 1978 Page 21 Mrs. Betty Brandesky, 4017 Cork Street, expressed the opinion that if the subject property is being removed from the annexation proposition because it does not have utilities, then she felt that her property, located on Kostoryz and Holly, should not have been annexed because they do not have utilities. City Manager Townsend explained that the property she referred to is adjacent to sewer service, but it would be very expensive for this property owner to tie on at this time. Mrs. Brandeskey stated that she had been told by Mr. Doug Matthews, Direc- tor of Public Utilities, that sewer service is not available, and Mr. Larry Wenger had informed her that they did not plan sewer service because of the proximity of the flight pattern. She stated that her taxes had been increased also. Council Member Gill asked Mrs. Brandesky if she had appealed the matter of her taxes to the Board of Equalization. Mrs. Brandesky replied that she had, and the Board had lowered their evaluations by $13,000. Mrs. Brandesky summarized by stating thatif the basis for annexation is the availability of utilities, then other areas should be deleted from the annexation proposition. City Manager Townsend informed the Council that if they desired to delete the property discussed, then he would suggest that the City Manager's Report Item "j" be amended as follows: To delete vacant property at the northwest corner of State Highway No. 77 and F.M. Road No. 624, and a 500 -foot wide strip along the north side of I.H. 37 from Carbon Black Road (County Road 57) eastward to Turkey Creek. Motion by Sample that the Council accept City Manager's Report, Item "j", as amended according to the description in the preceding paragraph; seconded by Juarez; and passed unanimously. In connection with the annexation election, City Secretary Read referred to his memorandum presented to the Council on the election procedure. City Manager Townsend informed the Council that Mr. Read has prepared an extensive report in regard to the election procedure and stated that he would like to point out that there are only three days on which such an election can be held, and that the City Charter requires an election for such annexation. Minutes Regular Council Meeting March 1, 1978 Page 22 Mr. Townsend further stated that the hearing scheduled for March 15 will be a valid hearing, even though absentee voting will be proceeding at that time; therefore, it is an effort to comply with the State law and the City Charter, since the public hearing is required by State law. Mr. Read referred to his memorandum to the Council in regard to the mechanics of the electioxi:and stated that the City is subject to several con- flicting laws; there are five school districts within the boundary of the City; and elections will also be conducted on the same date for Del Mar College and the Nueces County School pistrict. City Secretary Read explained that he had i� approached all of the entities that are conducting elections on that same day and that three of the five school districts have declined to hold a joint elec- tion because they have already submitted their election changes to the Voter Rights Division of the Justice Department and have received that department's approval for their election. City Secretary Read stated that the Corpus Christi Independent School District and the West Oso Independent School District have indicated that they will agree to a joint election with the City, subject to the approval of their, school boards. Mr. Read indicated that he did not expect any hesitancy on the part of the school boards to approve the joint elections. He further informed the Council that the City will have to conduct their own absentee voting, and this will be held at City Hall, separately from the schools' absentee voting. Mr. Read summarized by statingthat voting for approximately 4% of the voters will be rather complex in that a few voters will have to vote in the City election at one location and in the school election at a different location, but every effort has been made to minimize the inconvenience to the voters. Mayor Lozano called for the ordinances, and City Manager Townsend briefly explained the ordinances. Council Member Diaz inquired if the staff had available any further recommendations in connection with the ordinance dealing with the rotating wrecker service. Minutes Regular Council Meeting March 1, 1978 Page 23 City Manager Townsend stated that he had no new recommendations on the wrecker ordinance and mentioned that Mr. Tom Basile, Administrative Assistant, had performed a great deal of work to prepare the charges and regulations as set forth in the revised wrecker ordinance. Mr. Townsend also stated that he felt that contrary to what the Council had been told by one wrecker company owner, most of the wrecker companies have been operating their service within the law. He also stated that he had no recommendation in regard to increase the rate from $20 to $25, but the ordinance could be amended if the Council desires prior to the third reading. Council Member Diaz stated that he thought such an increase would be in order and moved that the ordinance read on the first of three readings on February 22, 1978, relating to amending the Code of Ordinances by adopting new provisions under Article V, Chapter 57, entitled "Auto Wreckers," be amended prior to its second reading by amending Sec. 57-248. Maximum Wrecker Service and Storage Fees, Category A Wreckers, the first item thereunder reading, "Collision haul or normal tow, $20.00", to instead provide for a fee of $25.00. The motion was seconded by Sample and passed unanimously. Mayor Pro Tem Gulley referred to the ordinance appropriating $60,000 for the payment of gas bills and suggested that the caption of the ordinance specify that the funds are for payment of gas. He also suggested that the maximum allowed for each party be less than $200. Mayor Lozano suggested that this maximum be $100 rather than $200. The Council indicated that they concurred' with these two recommendations. Mayor Lozano called for discussion from the audience on the ordinances. Mrs. Sissie Sweeney, 3535 Townhouse Lane, addressed the Council in regard to the ordinance creating an Animal Control Advisory Board and requested that the reading of this ordinance be delayed for one week, indicating that there were a number of items that she would like to have changed. Mayor Lozano suggested that.fhis ordinance be discussed next week. Minutes Regular Council Meeting March 1, 1978 Page 24 Council Member Diaz requested that Mrs. Sweeney provide the Council with a written memorandum explaining her suggested changes. City Manager Townsend assurdd the Council that the staff will be glad to work with Mrs. Sweeney to determine what her objections to the ordinance are. Speaking in regard to the wrecker service ordinance was Mr. Randy Culpepper, representing the Corpus Christi Wrecker Association. Mr. Culpepper presented the Council with copies of the City's proposed ordinance with changes which were made by that organization and asked that they consider the new version of the ordinance. He thanked the Council for the increase that they had made in the towing charges. Mayor Pro Tem Gulley suggested that Mr. Culpepper meet with the staff to discuss the changes that he had suggested. Motion by Gulley that the second reading of the ordinance on the wrecker service be tabled for one week; seconded by Holt; and passed unanimously. Mayor Lozano called for the vote on the ordinances. City Secretary Read polled the Council and the following ordinances were approved: SECOND READING: AMENDING ORDINANCE NO. 11025, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 9, 1972, BY PROVIDING FOR ESTABLISHMENT OF A FOUR PERCENT (4%) HOTEL OCCUPANCY TAX; PROVIDING FOR AN EFFECTIVE DATE; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY A FINE NOT EXCEEDING $200; PROVIDING A SEVERANCE CLAUSE; 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, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14199: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON WEBER ROAD, BOTH SIDES, FROM SOUTH STAPLES TO LINCOLN STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14200: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DR. ROBERT H. BALME FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROS- PECTING, DRILLING, AND MINING FOR AND PRODUCING OIL AND GAS, SUBJECT TO THE LIMITATIONS CONTAINED IN SAID LEASE AGREEMENT, BENEATH THE SURFACE OF THAT TRACT OR PARCEL OF LAND DESCRIBED AS A FIVE -ACRE TRACT ON UP RIVER ROAD NEAR NAVIGATION BOULEVARD, AND BEING FOR A PRIMARY TERM OF THREE (3) YEARS, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. ' i Uul es pnU HS ,,,tin1 i , ow ,, G lieu a{ Council Ileeting Var�c Page 2 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: 'Lozano; Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14201: AUTHORIZING' AND' DIRECTING THE CITY MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, AN AGREEMENT WITH THE NUECES COUNTY WELFARE DIVISION FOR FURNISHING CERTAIN GAS SERVICES TO QUALIFIED INDIVIDUALS IN ACCORDANCE WITH GUIDELINES HEREIN ESTABLISHED; APPROPRIATING AND REAPPROPRIATING $60,000 FROM THE GENERAL FUND RESERVE; AMENDING THE BUDGET;' AND DECLARING AN EMERGENCY. The'Cfiartei 'Ru.e vas suspended and the foregoing ordinance was passed by the following vote:Lozano, Diaz, Gill, Juarez, and Sample voting "Aye"; Gulley and Holt voting „Nay„ I' a , ORDINANCE NO. 14202: ORDERING AN'ELECTION TO BE HELD WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF DETERMINING WHETHER OR NOT THE TERRITORY COMPRISING TWENTY (20) SEPARATE AREAS ADJACENT TO THE CITY OF CORPUS CHRISTI AS MORE FULLY DESCRIBED BY METES AND BOUNDS AND MAPS ON FILE IN THE OFFICE OF THE CITY SECRETARY, AND MADE A PART HEREOF BY REFERENCE THE SAME AS IF COPIES VERBATIM HEREIN, SHALL BE ANNEXED TO THE CITY OF CORPUS CHRISTI; DEFINING THE TERRITORY PROPOSED TO BE ANNEXED; SETTING A PUBLIC HEARING TO CONSIDER ANNEXATION OF THE SAID TERRITORY, TO BE HELD ON MARCH 15, 1978, AT 2:00 P.M., IN THE COUNCIL CHAMBER AT CITY HALL; PROVIDING PROCEDURE FOR THE HOLDING OF SUCH ELECTION; PROVIDING FOR JOINT ELECTION WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT AND WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT, AND SHARING EXPENSES ACCORDING TO LAW; PRESCRIBING THE FORM OF NOTICE OF ELECTION; PROVIDING FOR PUBLICATION THEREOF; PROVIDING FOR FORM OF BALLOT AT'EACH POLLING PLACE; ENACTING PROVISIONS INSTANT TO AND RELATING TO THE PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14203: APPROVING THEAGREEMENT OF PARTIES DATED AS OF DECEMBER 26, 1977, AND SUPPORTING DOCUMENTS AND EXHIBITS FOR SETTLEMENT OF LITIGATION WITH COASTAL STATES GAS CORPORATION AND ITS SUBSIDIARIES AND STOCKHOLDERS BY THE CITY OF CORPUS CHRISTI AND OTHER CUSTOMERS OF LO-VACA GATHERING COMPANY AS THE BASIS FOR SUCH SETTLEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14204: FINDING THAT A PUBLIC STREET DANCE ON SATURDAY, MARCH 18, 1978 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK OF LAGUNA STREET AND THE 100 AND 200 BLOCKS OF NORTH MESQUITE STREET TO VEHICULAR TRAFFIC FROM 8:00 P.M. TO 11:30 P.M., SATURDAY, MARCH 18, 1978 FOR SAID STREET DANCE SPONSORED BY KEYS RADIO; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE, LIABILITY INSURANCE; RESTORATION OF DAMAGED CITY PROPERTY, CROWD SECURITY, AND PUBLIC RESTROOMS; PROHIBITING THE SALE OF ALCOHOLIC BEVERAGES, AND THE DEFACEMENT OF PUBLIC PROPERTY; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE BY VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting March 1, 1978 Page 26 ORDINANCE NO. 14205: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF ENERGY RESOURCES FOR $5,000 FOR RESEARCH AND TRAINING REGARDING ENERGY STANDARDS FOR BUILDINGS; AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT PROGRAM, IF THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14206: 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 ROBERT J. TAYLOR BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5E AND 6-1/2, AVA COOPER SUBDIVISION, 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, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14207: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TLW COMPUTER INDUSTRIES, INC., OF ATLANTA, GEORGIA, FOR THE LEASE PURCHASE OF A CENTRAL PROCESSING UNIT FOR THE DATA PROCESSING DEPARTMENT, 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 ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE CONTRACT AFORESAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14208: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SYSTEMS MARKETING, INC., OF PHOENIX, ARIZONA, FOR THE LEASE PURCHASE OF CURRENT PERIPHERAL EQUIPMENT FOR THE COMPUTER IN THE DATA PROCESSING DEPARTMENT, 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 ANY AND ALL DOCUMENTS NECESSARY TO IMPLEMENT THE CONTRACT AFORESAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". RESOLUTION NO. 14209: RESOLUTION THAT IT BE DETERMINED TO BE THE POLICY OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT AT LEAST ONE-HALF OF 1% OF THE REVENUE FROM THE HOTEL -MOTEL OCCUPANCY TAX SHOULD BE EXPENDED FOR THE ENCOURAGEMENT, PROMOTION AND IMPROVEMENT OF THE ARTS AND FOR WORKS OF ART UPON SPECIFIC APPROPRIATION FOR SPECIFIC ART PROJECTS AND PURPOSES BY THE CITY COUNCIL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". r Minutes Regular Council Meeting March 1, 1978 Page 27 ORDINANCE NO. 14210: 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 A .55* ACRE TRACT OF LAND OUT OF LOT 6, BLOCK 2, SABLATURA SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "8-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONE - FAMILY DWELLING DISTRICT; KEEPING IN hrrhCT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREIWTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14211: 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 FRANK V. PETRY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT A, BLOCK 2, SOUTH BAY ANNEX SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-3" 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, Juarez, and Sample voting "Aye". RESOLUTION N0. 14212: RESOLUTION PETITIONING THE GENERAL SERVICES ADMINISTRATION TO DIRECT ITS EFFORTS IN LOCATING FUTURE FEDERAL BUILDINGS (WHETHER FEDERALLY OWNED OR LEASED) AND SERVICES IN THE DOWNTOWN OR CENTRAL AREA OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Ms. Betty Jean Montgomery, employee of the Sheraton -Marina Inn, Spoke in opposition to the increase in the hotel -motel tax, stating that she had been informed by her employer that she and other employees' jobs would be placed in jeopardy if the hotels must pay this additional tax. Mayor Lozano informed her that the additional tax will be collected from guests of the hotels and would not add any burden to the hotel owners. Council Member Gulley assured Ms. Montgomery that this tax would not affect the income of the hotel owners, thus it could not affect the employment of the employees. Minutes Regular Council Meeting March 1, 1978 Page 28 City Manager Townsend further explained to Ms. Montgomery that the guests pay the tax but possibly her manager had informed his employees that because of the additional tax, the number of customers in the hotel might decrease and sub- sequently the number of employees might have to be reduced. Speaking again on the resetting of the hearing on the closure of Austin Street was Mr. Romeo Garcia. Mr. Garcia reiterated that he did not feel that this was necessary because the three parties within the 450 -foot radius of the street closing were notified by incarnate Word Academy even though they were not notified by the City. Mayor Pro Tem Gulley stated that according to the ordinance, the City must notify all property owners within a 450 -foot radius, and there is the possibility of legal complications if the public hearing is not in accordance with this regu- lation. Mr. Garcia stated that if there is a possibility that the street will not be closed, the Academy will have a great deal of difficulty in that they will be unable to proceed with the construction of the planned tennis courts. City Manager Townsend pointed out to Mr. Garcia that the building line on the subject property also needs to be changed, and this cannot be done until the property is replatted, which involves a separate action from the street closure. He emphasized that the ordinance clearly states that the block must be replatted. Mr. Garcia stated that he was told by Mr. James R. Lontos and Mr. Larry Wenger that the property did not have to be replatted. Mr. Townsend reiterated that the property does have to be replatted, and this stipulation is included in the ordinance. City Manager Townsend expressed the opinion that conducting a second public hearing on the closing would be the safest thing to do, but if no new evidence is presented indicating that the street should not be closed, then it is assumed that the Council will conclude that the street should be closed. *Mayor Pro Tem Gulley departed the meeting at 7:10 p.m. 1 Minutes Regular Council Meeting March 1, 1978 Page 29 Mr. Eddie Cervantes, 6321 Vincent, addressed the Council and stated that he represented 896 City employees. Mr. Cervantes stated that all of these employees resented the statement,attributed to City Manager Townsend, which appeared in an article in the Corpus Christi Caller and in which Mr. Townsend had referred to the employees interested in membership in the union as "misfits." City Manager Townsend pointed out to the Council that this employee is appearing before them as an employee, and if he has a grievance, it should be presented through the proper channels in letter form. Mr. Townsend assured the Council that he had never made the statement referring to the employees joining the proposed union as "misfits", stating that he had said that there were a few misfits, but he certainly did not mean that all of those employees were that type. He further explained that Mr. Henry Munoz of AFSCME had used this statement in a flyer sent to a'number of City employees, but it was taken out of context. City Manager Townsend also informed the Council that he had prepared a letter to be sent to 896 employees explaining the matter to them and assuring them that he felt that most of them are good, loyal employees. Mayor Lozano suggested to Mr. Cervantes that he proceed through the proper channels if he feels that he has a grievance. Mr. Cervantes stated that he does not feel that this is a grievance but is an attack on his own personal dignity. Mayor Lozano reiterated that employees must go through the proper procedure before they appear before the Council. Council Member Gill inquired if Mr. Cervantes has a copy of the grievance procedure, and City Manager Townsend stated that he can have the item redistri- buted and can explain the procedure to Mr. Cervantes if he does not understand it. Speaking on the same matter was Mr. Frank Schlegel, who expressed the same resentment concerning the statement. Council Member Holt stated that he was present at the time City Manager Townsend made the statement and confirmed the fact that Mr. Townsend referred to just a few of the City employees as being misfits and at the same time had'compli- mented most of the employees as being good, loyal employees. Minutes Regular Council Meeting March 1, 1978 Page 30 An unidentifed City employee present in the audience suggested that the letter of explanation prepared by City Manager Townsend for the City employees also be sent to the Corpus Christi Caller -Times. Council Member Gill stated that she felt that this was a good idea so that the Caller -Times could make the public aware of the exact statement. City Manager Townsend stated that he would be glad to do so, but the City has no way of instructing the local newspaper to print anything. Mrs. Betty Brandesky inquired about the City's grievance procedure, and City Manager Townsend explained the procedure. City Manager Townsend informed the Council that the National League of Cities meeting will be conducted in Washington on Monday and Tuesday, and Mayor Lozano, Mayor Pro Tem Gulley and he plan to attend. * * * * * * There being no further business to come before the Council, on motion by Sample, seconded by Holt, and passed unanimously, the Regular Council Meeting was adjourned at 7:32 p.m. March 1, 1978. I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing,minutes, same being for the period of March 1, 1978 through March 29, 1978, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 3/01/78 - Regular Meeting 3/08/7.8 - Regular Meeting V3/08/78 - Special Meeting %3'/15/78 - Regular Meeting 3/22/78 - Regular Meeting .,,3/29/78 - Regular Meeting GABg LO City o , Mayor pus Christi MICROFILMED SEP 0 31980