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HomeMy WebLinkAboutMinutes City Council - 04/05/1978PRESENT: 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 APRIL 5, 1978 2:00 P. M. K 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 Reverend Hugh L. White of the First Presbyterian Church gave the invo- cation. 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. Mayor Lozano announced that the following proclamations had been issued: "CORPUS CHRISTI INDUSTRIAL WEEK" - April 1-7, 1978 and "THE WEEK OF THE YOUNG CHILD" - April 10-15, 1978. Mayor Lozano announced the presentation by Dr. Leo Carrillo, representing Canto al Pueblo. Dr. Carrillo presented the Council with copies of a newsletter concerning the developments of Canto al Pueblo and copies of letters of support from various groups within the community. Dr. Carrillo reminded the Council that he had pre- viously made two requests -- that a proclamation be issued declaring the week of June 2 through 9, 1978 as Canto al Pueblo Week and that the City appropriate the sum of $10,000 for the activities of the festival. Dr. Carrillo informed the Council that the amount of money available for this event will determine the quality of the festival. He explained that the Nueces County Commissioners Court had agreed to provide $10,000 if the City would agree to do the same; the Levi Strauss Company had previously indicated that they would assist with funds for the publication of an anthology in the amount of $15,000, but because of the lack of local support, that amount had been reduced to $5,000 if the local funding is forthcoming. He also pointed out that the other agencies that had indicated they would provide funds are also waiting to see what t'tnutes Regular Council Meeting April 5, 1978 Page 2 kind of local support will be available before committing funds for Canto al Pueblo, noting in particular that the funding from the Texas Committee on the Humanities and the Texas Commission on the Arts are contingent on matching local funds. Council Member Gill noted the letter of support for the festival from the Corpus Christi Independent School District and inquired if they had indicated that they would contribute funds. Dr. Carrillo stated that Dr. Dana Williams, Superintendent of Schools, had offered them the use of several of the school facilities without charge for the festival, but that CCISD cannot legally provide funds or free bus service. Council Member Holt pointed out that the City had provided the services of four CETA employees and asked if any other services had been donated by the City. Dr. Carrillo stated that the Canto al Pueblo organization would be allowed the use of the Boys' Club and the use of several recreation centers by the City. Council Member Diaz inquired if any of the organizations that have written letters of support had offered monetary support, and Dr. Carrillo informed him that Exxon had pledged support but the amount was not known yet. He stated that the actual funds that have been received include $1,000 plus the use of office space from Corpus Christi State University and LULAC has contributed $1,000. Council Member Gill stated that in order to make some kind of an estimate that the Council might be able to provide, she would like to know approximately how many local people will participate in the festival. Dr. Carrillo indicated that he feels that a large group of local people will participate in the festival; several celebrations will be held throughout the week in different locations; art classes will be conducted at several loca- tions for the children of the community; and pointed out that a band concert which will be free to the public will be conducted in the Cole Park Bicentennial, Amphi- theater. City Manager R. Marvin Townsend inquired if this is a regularly sche- duled concert, and Dr. Carrillo stated that it was. City Manager Townsend then inquired about the budget of the festival that was held in Wisconsin last year, and Dr. Carrillo stated that he did not have those Minutes Regular Council Meeting April 5, 1978 Page 3 figures available. City Manager Townsend asked about the number of participants who will be here from out of town, and Dr. Carrillo stated that they have invited 100 artists from out of the City, and approximately the same number of local artists will participate in the festival. Mr. Townsend then inquired if ads will be sold for the publication, and Dr. Carrillo stated that they have received $1,300 for ads as of thiq date. He also explained that the anthology will be about 150 pages and explained the content of the publication and stated that 3,000 copies will be made of the book, which will be sold throughout the different locations of the events of the festival. After further discussion, Council Member Gill noted that the Council had authorized an appropriation of $5,000 for the Jazz Festival and suggested a similar amount for this activity, pointing out that the County would probably donate the same amount, and although this is less than the amount requested, perhaps the festival could be scaled down to stay within a reduced budget. Council Member Diaz suggested that if the City contributes $5,000, it might be possible for the committee to obtain donations from all of those organizations that had written letters of support, and then the local funds would possibly be matched from the State organizations that Dr. Carrillo had mentioned. Motion by Diaz that the City contribute $6,000 to the Canto al Pueblo, seconded by Juarez. Mayor Pro Tem Gulley pointed out that the celebration is scheduled for 6 or 7 days, and he felt that the Canto al Pueblo proposed budget is quite high. Council Member Sample also expressed the opinion that the budget reflects a very expensive operation, which he felt was too high. He also pointed out that the City's budget is very tight, but he would like to see some type of contribu- tion made to this organization. Mayor Pro Tem Gulley stated that he felt that there is a limit as to what the citizens of Corpus Christi want to see their tax dollars spent for, and he does not think that the majority of the taxpayers would approve of this expenditure. Mayor Lozano pointed out that since this is a national festival, the money might be well spent to attract people to the City of Corpus Christi. Minutes Regular Council Meeting April 5, 1978 Page 4 Council Member Gill stated that she would recommend that the proposed con- tribution of $6,000 be appropriated from the balance in the hotel -motel tax fund. Council Member Holt expressed concern that if all of the contributing organizations give one-half or less than anticipated, it might be impossible to have the festival, and he would hesitate to throw away $6,000 of the City's money if the event is unsuccessful. Council Member Diaz stated that he felt that the Canto al Pueblo Committee would have the best festival possible with the funds that are available, and he agreed that the funds should be appropriated from the hotel -motel tax fund. City Manager Townsend inquired of Mr. Diaz if he wanted to make that source of funds as a part of his motion. Council Member Sample indicated that he felt that $6,000 is an excessive amount and moved to amend Council Member Diaz' motion to change the amount to $5,000, which is the same amount as was contributed to the Jazz Festival. The amendment to the motion was seconded by Gulley, and the amendment passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill voting "Nay." Mayor Lozano then called for the vote on the amended motion to contribute $5,000 to Canto al Pueblo. The motion passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley voting "Nay." City Manager Townsend stated that the contract with this organization will be prepared for next week. Council Member Juarez asked Dr. Carrillo to inform the Council of the action taken by the Nueces County Commissioners Court. Council Member Sample noted that the Council frequently receives requests such as this and stated that he would like to have certain guidelines set up so that the Council would have some guidance on how to handle such requests in the future. Mayor Pro Tem Gulley stated that he felt that the budget should be realistic and suggested that the salary balances that always exist in the budget for positions that are never filled should also be examined. f. .Minutes Regular Council Meeting April 5, 1978 Page 5 Mayor Lozano then called for appointments to Boards and Commissions. City Manager Townsend reminded the Council that the only appointment dis- cussed during the Workshop Meeting was to the Municipal Arts Commission. Motion by Diaz, seconded by Sample, and passed unanimously that the fol- lowing appointment be confirmed: MUNICIPAL ARTS COMMISSION: Term to Expire Mr. Joe Valadez 9-1-78 Mayor Lozano called for the canvassing of the results of the Annexation Election of April 1, 1978. City Manager Townsend stated that City Secretary Read has placed before the Council the tally of the results of the Annexation Election, and suggested that the appropriate action would be to accept by motion the results of the election. Motion by Sample that the Council accept the results of the Annexation Election of April 1, 1978, which failed to pass by a vote of 4,790 For the Annexa- tion Proposition and 12,901 Against the Annexation Proposition; seconded by Juarez; and passed unanimously. In connection with this matter, Mr. Ed Prichard requested permission to address the Council. Mayor Lozano noted that the matter is over and inquired of Mr. Prichard as to what he could have to say now. Mr. Prichard expressed appreciation to the Council for the attention given to him over the past few weeks and stated that he is here on a conciliatory note -- not to gloat. Mr. Prichard stated that he felt some very positive things have come from the election. He stated that he has drafted the appropriate motion to dismiss the lawsuit which will be dismissed this afternoon. Mr. Prichard informed the Council that the group which opposed the annexation has formed an organization called "The Committee for a Strong Economy" with Jimmy Goldston as Chairman. He explained that this group plans to participate in a campaign to attract industrial development to the City and the group pledges to support other endeavors such as Minutes Regular Council Meeting April 5, 1978 Page 6 future bond issues, Convention Center activities, and any other issues to help the City to grow. Mr. Prichard stated that the group is comprised primarily of people in the industrial district who are industry oriented. Mr. Prichard stated that this organization discovered during the recent campaign that there are many areas of the City that do not have full services, and they plan to help to make these things come to pass. He also mentioned the many studies that have been made for the City and alleged that not one concrete effort has been made to fully implement the findings of these studies. He sug- gested that the Council appoint a long-range committee comprised of all segments of the community who could plan to accomplish certain goals for the City of Corpus Christi through a three-year plan. Mr. Prichard expressed the opinion that this City does not need any more division within the community; therefore, this com- mittee promises to support positive action. Council Member Diaz informed Mr. Prichard that he has maintained a list of people who came before them during the annexation discussions and stated that he planned to call the people on this list asking them to support annexation the next time it is considered. * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that bids be received at 11:00 a.m. Monday, April 24, 1978, on six portable radio equipment for use by the Police Department in addi- tional units. b. Recommendation that bids be received at 11:00 A.M., Tuesday, April 25, 1978 for the following budgeted replacement equipment: (1) Two 3 -wheel motor vehicles with cabs for the Parking Control activity. (2) A pipe tapping machine for the Water Division for use in making 6" to 12" taps on large water mains. The present machine was purchased 30 years ago and repair parts are no longer available. • c. Recommendation that bids be received at 11:00 A.M., Tuesday, April 25, 1978 for a replacement atomic absorption spectrophotometer for use by the Health Department in analyzing chemical elements in water samples for the Wastewater Services Division and under a contract with the Texas Department of Health Resources. The current machine is five years old and no longer accurate. The fees which the State Department of Health Resources pay for tests done by the Health Department will help pay for the new unit. d. Recommendation that eight replacement rear load packer bodies, for use by the Sanitation Division in garbage collection, be purchased from PAK-MOR MFG. CO., San Antonio, on the basis of low bid of $60,192. Price comparison shows an increase of 13.4%. Bids were received from 4 firms. Minutes Regular Council Meeting April 5, 1978 Page 7 e. Recommendation that a contract for installation of a chain link fence around two gas regulator stations located on the west side of Greenwood Drive south of Lawton Street and on the west side of Waldron Road between Division and Don Patricio Roads be awarded to ALLIED FENCE COMPANY, Corpus Christi, on the basis of low bid of $3,040. Bids were received from three firms. f. Recommendation that the contract for construction of improvements to the Westside Wastewater Treatment Plant be awarded to Goolsby Building Corporation for $693,069 and that $726,000 be appropriated for the contract award including laboratory testing, construction contingencies and related expenses, subject to concurrence by the Environmental Protection Agency. The project includes the installation of a new bar screen, replacement of three recirculating pumps, construction of a sand filter for the final effluent, rehabilitation of the anaerobic digesters, and other minor electrical and site work. The project is funded by local bond funds and a grant from the Environmental Protection Agency. Recommendation that Change Order No. 3 to the Horne Road Sanitary Sewer project in the amount of $7,492.55 be approved to extend the 24" sanitary sewer line an additional 41' to a point more accessible to an existing manhole. No additional appropriation is necessary. g. h. Recommendation that the preliminary assessment roll on the Nueces Bay Boulevard, I.H. 37 to West Broadway, and Airport Road, Agnes Street to Morgan Avenue, street improvement project be approved and a public hearing be held on the assessments on May 3 at 3:00 P.M. in the Council Chambers. The project will be jointly funded by the Department of Highways and Public Transportation and the City under the Urban Systems Program. The assessments total $215,765.28 on 89 items. The contract price for both projects is $829,094.87 of which the City's portion including assessments if $213,900 and the State's $615,194.87. i, Recommendation that the following actions be taken in connection with the Comanche, Bonham, Cosner, Hakel and Houston Street Improvements project: (1) The project be accepted and that final payment of $40,090.54 be made to the contractor, Asphalt Paving and Construction Company, for a total of $258,316.80. Houston Street, which was a part of this contract was completed and accepted by the Council on November 9, 1977. (2) The final assessment roll for the project be adopted. The roll includes 129 items for a total assessment of $104,845.65. The project was funded with Community Development Funds, bond funds and assessments. Recommendation that $4,865 be appropriated for appraisal services by Mr. Sidney H. Smith III for the acquisition of 15 parcels of land for the improvement of McKenzie Road from State Highway 44 north 1.8 miles. An additional 30' of right-of-way is needed on both sides of the road to allow the State Department of Highways and Public Transportation to widen the current pavement and place shoulders on both sides of the road. Seven of the parcels are located outside the City in the County and one is located both inside and outside the City. The County has agreed to pay its proportionate share of appraising the parcels outside the City and to pay the property owners directly for the property on the basis of the appraisals. The City and County are responsible for right-of-way acquisition and utility adjustments on the project. i• Minutes Regular Council Meeting April 5, 1978 Page 8 k. Recommendation that Trinity Engineering Testing Corporation be engaged to performed subsurface soil investigation for the Oso Wastewater Treatment Plant - Contracts No. 3 and No. 5. Contract No. 3 involves a lift station, force main and double gravity line installation from the vicinity of Wooldridge Road and Airline to Saratoga Boulevard and along Saratoga to the existing Country Club lift station. Contract No. 5 involves expansion of the Oso Treatment Plant facilities. Ten soil borings are proposed for Contract No. 3 and eight for Contract No.5. Depth of the borings will vary from 10' to 45'. An appropriation of $7,078 is needed to cover the cost of this work. This work is included in the Step 2 grant from the Environmental Protection Agency for preparation of plans and specifications for the improvements and is paid for 75% by the grant. 1. Recommendation that a total of $6,326.29 be appropriated out of the Sanitary Sewer Bond Fund to cover costs of legal advertising and printing in connection with receipt of bids for Step 3 work on the Broadway and Westside Wastewater Treatment Plants. Broadway expenses total $4,320.73 ($3,675.88 for printing and $644.85 for legal advertising). Westside expenses total $2,005.56 ($1,492.11 for printing and $513.45 for legal advertising). Bids on the Westside were received March 8. Receipt of bids on the Broadway Plant has been delayed until May 3. m. Recommendation that authority be granted to accept easements for the drainage ditch designed to drain the Club Estates Unit #3 Subdivision and Club Estates South Subdivision and a large area between Everhart Road, South Staples Street, Oso Creek and Snowgoose Road. Mr. John and Henry Tucker are acquiring the easements and will be transferring easements to the City in accordance with the City's drainage master plan. The developers will be responsible for excavating the drainage ditch for the surrounding development. n. Recommendation that Mr. Jake L. Hamon be permitted to drill a well from an irregular location in State Tract 3, approximately 1.5 miles south of the Reynolds Aluminum plant. Since the regular cluster location for State Tract 3 is within the Bay Park Area, the Bay Drilling Committee at a meeting on February 17, 1977, with a quorum present, unanimously recommended that an alternate location be granted for the drilling of the Jake L. Ramon State Tract 3 Well #1 outside of the Bay Park Area. The alternate location will serve as the cluster area for the tract. The well is to be drilled as a straight hole to a depth of 12,500 feet. No other exceptions to the Bay Drilling Ordinance are requested. o. Recommendation that Section 35-21, the Land Drilling Ordinance, of the Code of Ordinances be corrected to change the reference to Article II to read Article III. P• q• Recommendation that the appointment Mr. Gerald J. Pascador to the position of Building Official be confirmed. Mr. Pascador has been employed by the City since January, 1976 as an Engineer II in the Building Division and has been Acting Building Official since January of this year. He has three years experience with the Regional Building Department of Colorado Springs, Colorado and five years experience in structural engineering. He had a masters degree in civil engineering from New Mexico State University, has taught civil engineering. done J,tnd aurveying and is a registered prafeAwi.,nai engineer in Texan. Recommendation that the action taken last week to close Minton Street from North Port Avenue east to the railroad right-of-way subject to the reten- tion of the full width of the street as a utility easement be amended to retain only half of the street fora utility easement. Retaining 371 feet on the north side of the street as a utility easement will be sufficient for the existing sewer line and C P & L power facilities. Minutes Regular Council Meeting April 5, 1978 Page 9 Council Member Diaz inquired of City Manager Townsend if he had any know- ledge of a well that has been drilled between the fence and the shoulder of the road on Up River Road on the north side. City Manager Townsend stated that no one has the right to drill a well within the City limits on the right-of-way, but most of Up River Road is outside the City limits, and he will have this matter investigated. City Manager Townsend stated that Item "q" would require a separate motion to amend the street closing that was approved last week. Motion by Diaz that the approval to close Minton Street from North Port Avenue east to the railroad right-of-way be amended to retain 3711 feet for a utility easement on the north side of the street rather than the entire street; seconded by Sample; and passed unanimously. Motion by Sample that the City Manager's Reports, Items "a" through "q", be accepted; seconded by Diaz; and passed unanimously. * * * * * * Council Member Diaz commented that he had visited the office of Mr. Harold Peterson in the Auditorium and stated that there is a need to provide pictures for the walls of the office. City Manager Townsend stated that the staff will try to work something out for the loan of paintings for this office. * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend explained the ordinances, and City Secretary Read read the resolution expressing the Council's sympathy on the passing of Mr. I. M. Singer, former City Attorney. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE N0. 14249: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF NUECES BAY BOULEVARD (Metropolitan Highway 104) FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY STREET (MR007(1)-8007-16); AIRPORT ROAD (FM Road 665) FROM AGNES STREET (Loop 443) TO MORGAN AVENUE (MR006(1)-8006-16) IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK,NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 5, 1978 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14250: APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NUECES BAY BOULEVARD (Metropolitan Highway 104) FROM INTERSTATE HIGHWAY 37 TO WEST BROADWAY STREET (MR007(1)-8007-16); AIRPORT ROAD (FM Road 665) FROM AGNES STREET (Loop 443) TO MORGAN AVENUE (MR006-(1)-8006-16); DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECES- SITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON MAY 3, 1978, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS AT CITY HALL, 302 SOUTH SHORELINE, IN THE CITY OF CORPUS,CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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, Juarez and Sample voting "Aye." THIRD READING - ORDINANCE NO. 14251: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-38, SALE OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE CONVENTION CENTER MANAGER TO APPROVE THE SALE OF BEER FOR EVENTS AT THE COLISEUM AND EXPOSITION HALL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14252: AMENDING ORDINANCE NO. 13666, PASSED AND APPROVED ON MARCH 2, 1977, AS AMENDED, BY AMENDING SECTION 3 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESS- MENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. Comanche Street, from 19th Street to Port Avenue; 2. Bonham Street, from Sokol Drive to dead end; 3. Cosner Street, from Mahan Drive to McArdle Road; and 4. Hakel Street, from South Padre Island Drive to McArdle Road, AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14253: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TRINITY ENGINEERING TESTING CORPORATION TO PROVIDE LABORATORY TESTING AND SOIL INVESTIGATION ON THE OSO WASTEWATER TREATMENT PLANT PROJECT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $7,078 FROM THE NO. 250 SANITARY SEWER BOND FUND FOR SAID SERVICES APPLICABLE TO PROJECT NO. 250-77-4, OSO PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14254: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREMENT WITH SIDNEY H. SMITH, III, FOR APPRAISAL SERVICES OF 15 PARCELS IN CONNECTION WITH THE MCKINZIE ROAD - S.H. 44 TO 1.8 MILE NORTH IMPROVEMENT PROJECT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, HARKED EXHIBIT "A"; APPROPRIATING $4,865 OUT OF THE NO. 220 STREET BOND FUND, OF Minutes Regular Council Meeting April 5, 1978 Page 11 WHICH $3,890 IS FOR APPRAISAL SERVICES, $675 IS FOR CONTINGENCY APPRAISAL SERVICES IN CASE OF POSSIBLE CROP DAMAGE, AND $300 IS FOR OWNERSHIP REPORTS, IN CONNECTION WITH THE AFORESAID PROJECT, NO. 220-72-51; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: ,Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14255: APPROPRIATING $2,005.56 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $1,492,11 IS FOR PRINTING COSTS PAYABLE TO PROFESSIONAL SUPPLY & REPRODUCTION COMPANY AND $513.45 IS FOR LEGAL ADVERTISING PAYABLE TO CORPUS CHRISTI CALLER - TIMES, APPLICABLE TO PROJECT NO. 250-72.11, WESTSIDE TREATMENT PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14256: APPROPRIATING$4,320.73 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $3,675.88 IS FOR PRINTING COSTS PAYABLE TO PROFESSIONAL SUPPLY & REPRODUCTION COMPANY, AND $644.85 IS FOR LEGAL ADVERTISING ($144 PAYABLE TO DALLAS TIMES - HERALD AND $500,85 PAYABLE TO CORPUS CHRISTI CALLER -TIMES), APPLICABLE TO PROJECT NO. 250-72-1, BROADWAY SEWAGE TREATMENT PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14257: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 35-21, SCOPE, UNDER ARTICLE II, LAND DRILLING, SO AS TO SUB- STITUTE THE WORDS, "ARTICLE III'r FOR THE PRESENT DESIGNATION OF "ARTICLE II"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14258: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GOOLSBY BUILDING CORPORA- TION FOR CONSTRUCTION OF IMPROVEMENTS TO THE WESTSIDE WASTEWATER TREATMENT PLANT (EPA #C-48-1217-03), SUBJECT TO APPROVAL AND CONCURRENCE FROM THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING $726,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $693,069 IS FOR THE CONSTRUCTION CONTRACT AND $32,931 IS FOR INCI- DENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-77-2, WESTSIDE WASTEWATER TREATMENT PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." RESOLUTION NO. 14259: CONFIRMING THE APPOINTMENT BY THE CITY MANAGER OF GERALD J. PASCADOR TO THE POSI- TION OF BUILDING OFFICIAL, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution•was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting April 5, 1978 Page 12 RESOLUTION NO. 14260: RESOLUTION EXPRESSING THE COUNCIL'S SYMPATHY ON THE PASSING OF MR. I. M. SINGER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." * * * * * * City Manager Townsend presented the Council with a list of City -owned property as requested and stated that the City only owns three houses at this time. Mayor Lozano recessed the Regular Council Meeting at 3:35 p.m. in order to convene the Special Council Meeting on zoning applications. * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 4:55 p.m. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. J. E. Crain, 711 Naples, registered a complaint in regard to her gas bill. Mrs. Crain informed the Council that she does not use gas for cooking; her current statement from the Public Utilities for gas was excessively high; stated that in checking her meter, she noted that banana plants had completely grown over her gas meter; and she was sure that the meter was impossible to read. She stated that she had reported the matter to a gentleman in the Public Utilities Office and suggested to him that her gas consumption had been estimated and was incorrect and indicated that the gentleman she talked with was very arrogant and - assured her that the meter had been read. Mrs. Crain contended that it would have been impossible for anyone to read the meter and asked the Council to see that the employees of the Public Utilities Office read her meter. City Manager Townsend assured Mrs. Crain that he would be happy to have someone from that office go with her to read the meter properly. Council Member Sample expressed concern that this incident had occurred and assured Mrs. Crain that the Council did not approve of this kind of treatment by City employees and stated that he felt sure that there had been some kind of mistake. Mayor Lozano assured Mrs. Crain that the City Manager will take the proper measures to correct the situation. Minutes Regular Council Meeting April 5, 1978 Page 13 Mr. John Stensland, 337 Primrose Drive, who is now a member of the Marina Board, thanked the Council for their support of the Marina Board's feasibility study. He informed the Council that the April meeting will be conducted Thursday morning, April 6, and stated that he understood that a letter will be written to the Planning Commission and the Marina Board in regard to recommendations of that Board to the Planning Commission. He requested that the letter to the Marina Board be ready prior to the meeting the next day because he expected the Marina Board to make the recommendations to be presented to the Planning Commission. City Manager Townsend assured him that the letter referred to will be ready prior to 10:00 a.m. Thursday for the Marina Board meeting. In reference to the complaint of Mrs. Crain's, Mayor Pro Tem Gulley stated that he would like to have a report of the incident and the employee who was involved, indicating his concern about the treatment some citizens receive from City employees. Council Member Diaz mentioned that he had received a complaint in regard to the Police Department on a matter in which the citizen had been mistreated by an employee of that department. City Manager Townsend stated that he will investigate both matters. Mr. Bruce Parrish, representative of Roloff Enterprises, appeared before the Council and invited the Council to attend the dedication of a new building at the Lighthouse Home for Boys on Sunday, April 16, 1978, at 3:00 p.m. and an open house following the dedication. He also invited the Council to attend the Sunday night worship service to be held at the People's Church on Sunday, April 9, 1978, at which time CBS film crews will film portions of the service for their Sixty Minutes program. *Council Member Holt departed the meeting at 5:10 p.m. City Manager Townsend called the Council's attention to the matter of liability insurance. He explained the types of excessive insurance carried by the City, stating that this matter will be discussed extensively next week. Mayor Pro Tem Gulley referred to the architects suggested for the Capital Improvement projects and asked for a list that the Council could examine prior to Minutes Regular Council Meeting April 5, 1978 Page 14 next week's Council meeting. In regard to the Wood Creek Development mentioned earlier in the meeting, Council Member Diaz suggested that the City consider the possibility of providing water for this development. City Manager Townsend stated that the staff met with the developers yes- terday to discuss this; the development is in the Nueces County Water Control and Improvement District No. 3, Robstown; this district has the right to serve the subdivision with water; but the staff feels that as a part of the platting process, they should be discussing annexation, and the City could provide sewer service. Mr. Townsend advised that he will make a recommendation for contractual annexation of the subdivision because the owners have agreed that they would not object to annexation if sewer service can be provided, if this would be allowed legally. He informed the Council that the Legal Department is researching the matter at this time, and the City Attorney will have an opinion on this in two weeks. City Secretary Read informed the Council that he had before him the ordi- nances effectuating the zoning changes approved during the Special Council Meeting. City Manager Townsend briefly explained the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: ORDINANCE NO. 14261: 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 WILLIAM E. COLSON, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 3, 4, E.60' OF LOT 5, W.10' OF LOT 8, AND E.60' OF LOT 9, BLOCK 2, KOOLSIDE ADDITION, SITUA- TED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. ORDINANCE NO. 14262: 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 Minutes Regular Council Meeting April 5, 1978 Page 15 ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF COUNTRY CLUB SEVILLE PARTNERS BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN APARTMENT PROJECT, IN ACCORDANCE WITH THE SITE PLAN PRESENTED, WITH A DENSITY OF 24 UNITS PER ACRE, ON TRACT E, SECTION 3R, COUNTRY CLUB ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE OTHER CONDITIONS SET OUT HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. ORDINANCE NO. 14263: 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 LESLIE SIMON, ET AL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS B AND C, BLOCK 13, LOKEY SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DELCARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. * * * * * * There being no further business to come before the Council, on motion by Sample, seconded by Juarez, and passed unanimously, the meeting was adjourned at 5:25 p.m. April 5, 1978. • I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 5, 1978, through April 26, 1978, inclusive, and having been.previously approved by Council action, are by me hereby approved, as itemized. ,4/05/78 - Regular Meeting 4/05/78 - Special Meeting 4/12/78 - Regular Meeting 4/19/78 - Regular Meeting 4/19/78 - Special Meeting 4/26/78 - Regular Meeting OZANO, SR , -yor City of Corpus Christi • MICROFILMED