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HomeMy WebLinkAboutMinutes City Council - 06/07/1978PRESENT: Mayor Gabe Lozano, Sr. Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample - MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 7, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read ;. Mayor Gabe Lozano; Sr. called the meeting to order at the Corpus Christi r %I Museum. The invocation was given by the Reverend Monte G. Nabors of the Trinity Church of the Nazarene. 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 in his office: "SERRA CLUB DAY" - June 2, 1978 and "FOSTER PARENTS DAY" - June 10, 1978. Motion by Sample that the minutes of the Regular Council Meetings of May 17, 1978 and May 24, 1978 and the Special Council Meeting of May 17, 1978 be accepted as presented; seconded by Diaz; and passed unanimously. % Council Member Sample introduced Ms. Sandy Speed, representing the LULAC Educational Service Center. Ms.Speed announced that a proclamation had been passed during a recent CETA Consortium Meeting to identify outstanding students. The Council then recognized the ten students who were present in the audience. Motion by Sample that Mayor Pro Tem Bob Gulley, who is out of the City, be excused from the Council Meeting for just cause; seconded by Diaz; and passed unanimously. Mayor Lozano explained to members of the audience that the Council Meet- ing was being conducted at the Corpus Christi Museum due to the fact that the air- conditioning system at City Hall was inoperable. He also noted that some criti- cism had been voiced because the City Manager's Office had a separate air-conditioning unit. Mayor Lozano assured those present that this unit was not performing properly and had definitely not lowered the temperature in the City Manager's Office or any- where on the third floor. MICROFILMS) SEP 0 31980 Minutes Regular Council Meeting June 7, 1978 Page 2 City Manager Townsend further explained that the window unit referred to had been installed in his office several years ago to be used when he was working weekends to avoid the necessity of turning on the entire City Hall system, thus effectuating a savings. He confirmed Mayor Lozano's statement that the unit is very ineffective in cooling his office or the third floor of the building. -: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 June 28, 1978 on the following zoning applications: (1) Mr. H. K. Howard: "R -1B" to "A-1", located on the west side of Ocean Drive, approximately 325' south of Rossiter Street. (2) Mr. Richard S. Lane: "R -1B" to "B-3", located on the west side of Behman Street, approximately 160' north of South Padre Island Drive. (3) K -SIX Television, Inc.: "A-2" to "I-2", located on the west side of Waco Street, approximately 75' north of Blucher Street. (4) Drill Collar Inspection Company, Inc.: "B-4" and "F-4" to "I-2", located on the south side of Leopard Street, approximately 200' east of Main Drive. b. Recommendation that plans and specifications for City Hall Annex renovations be approved and bids be received on July 5, 1978. The proposed work includes installation of a heating and air conditioning system, suspended ceiling, insulation, restroom improvements, lighting and electrical improve- ments and related work. c. Recommendation that Gulf Coast Testing Laboratory, Inc. be employed for $5,052 to provide testing services for quality control required in connection with the Lozano School Area Street Improvements project. A portion of the testing relating to subgrade and base densities will be performed by the City, with the use of the recently acquired nuclear density machine. The tests include concrete strength tests, asphalt control and base characteristics. No additional appropriation is required. d. Recommendation that a change order be approved on the South Staples Street water line for $58,244.78. The project is funded by a grant from the Economic Development Administration and will replace the line from Weber to Annapolis and overlay Staples Street from Weber to Carroll Lane. The change order will extend the overlay an additional 2,300' to near Ray High School. The change order will utilize most of the $60,000 appropriated at the time of contract award for engineering contingencies and related expenses and is needed to obligate the total grant from the Economic Development Administration of $667,000. The change order will be subject to EDA approval. e. Recommendation that a grant amendment with the Environmental Protection Agency be approved to decrease by $64,709, from $652`,500 to $587,791, the Step 3 work at the Westside Wastewater Treatment Plant. This decrease is a result of the contract award for plant improvements of $693,069 being less than originally estimated. The E.P.A. grant pays 75% of the cost of the improvements. All Minutes Regular Council Meeting June 7, 1978 Page 3 City Manager Townsend explained that the bid on this project was below the estimate, and since E.P.A. grant only pays 75% of the cost, it was necessary to reduce the amount of the grant. f. Recommendation that McMoRan Exploration Company be granted a permit to drill a well from a surface location 2000' south of the Ship Channel and approximately 2 miles east southeast of the Ingleside Shoreline. The proposed State Tract 349 Well #2 is to be drilled as a straight hole to a depth of 10,000'. All requirements of the Bay Drilling Ordinance have been met. g. Recommendation that the proposal of the Traffic Safety Advisory Board that the speed limit on South Padre Island Drive, from 2353 feet west of the Naval Air Station Railroad Spur to approximately 665'feet east of Rodd Field Road be reduced from 55 to 50 miles per hour be. adopted. The reduction is needed because of an increase in accidents and traffic volume on this section of Padre Island Drive. City Manager Townsend informed the Council that this request was initiated by the State Department of Highways and Public Transportation; studies indicate that the speed limit should be reduced; and the intersections.where a number of accidents have occurred are at Rodd Field Road and Ennis Joslin Road. Council Member Diaz inquired if the speed was the major cause of the accidents. City Manager Townsend replied that speed was not necessarily the primary cause of the accidents but stated that lower speeds decrease the severity of accidents and increases the reaction time of drivers. He also explained that there is a problem of access onto Padre Island Drive from adjacent subdivisions and places of business. h. Recommendation that bids be received July 5 for demolition of the old incinerator building at Greenwood Drive near Baldwin. The contract will require the site to be cleared with the contractor keeping any salvage. Funds are available in the 4th year Community Development Program. i. Recommendation that bids be received at 11 a.m., Tuesday, June 27, 1978 for the following items: (1) Truck and automotive repair and maintenance items for a 6 -month period for the City Garage, Transit System and Fire Department. (2) Installation of 3 automatic sliding glass doors at the International Airport to replace 3 manual doors on the north and southeast sides of the terminal. Mayor Lozano referred to a matter related to section (2) of the above item and inquired about the benches at the airport. City Manager Townsend stated that Mr. Tom Basile, Administrative Assistant, was working on that matter. Minutes Regular Council Meeting June 7, 1978 Page 4 In a further discussion of the Airport, Council Member Holt stated that - he had received two complaints from citizens who were departing the Airport Termi- nal last weekend and were delayed for some time because only one gate was open. Council Member Diaz suggested that the Airport problems be listed on next week's agenda as a discussion item. Other Council Members indicated their concurrence with this suggestion. City Manager Townsend indicated that some Airport personnel are not very conscientious in notifying their supervisor when they will not be working. He stated that there is a need to substantially increase the salaries of personnel at the Airport in order to employ and retain good employees. Council Member GillJinquired if women had ever been considered for some of the positions. City Manager Townsend assured that women are already employed at the Airport. He also stated that the job openings are being advertised, but the City has been unable to employ anyone for some of the positions. Mr. Townsend explained that the starting salary is $3.32 an hour; the position involves shift work; therefore, it is difficult to employ people for this type of job. j. Recommendation that bids be received at 11:00 a.m., Tuesday, June 27, 1978 for 230,000' of 1" to 16" bare steel pipe and its coating and wrapping for the Gas Division. Bids will be taken on bare steel pipe only, steel pipe coated and wrapped, and coating and wrapping only to obtain the best total price. City Manager Townsend informed the Council that the staff has considered adopting a policy to require subdividers to install pipe at their expense, and if such a policy is adopted, the amount of pipe listed above will not be required. He assured the Council that the award of bid will not be until July, and at that time, the quantity of pipe required for purchase will be known. Council Member Diaz inquired about the length of time a gas pipe will City Manager Townsend replied that if the pipe is properly protected, it last almost indefinitely. Recommendation that the firm of Total Design Four provide the remaining architectural services required for construction of the expansion of the Tourist Bureau building for $1,500. Mr. Donald Greene, a partner in • Total Design Four has prepared preliminary plans. Additional work is necessary to take bids and check construction. The plans call for addition of a second floor of 1,665 square feet. last. should k. Minutes Regular Council Meeting June 7, 1978 Page 5 City Manager Townsend stated that this architectural firm prepared the preliminary plans for the addition for the Convention and Tourist Bureau, but since this is a public building, the City must become involved. He informed the Council that the architectural firm must supervise the construction, and since Mr. Donald Greene has already performed preliminary work on the project, it seemed feasible for the City to retain the same architect. *1. Recommendation that two replacement three wheel motor vehicles for parking control be purchased from WATSON DISTRIBUTING COMPANY, INC., San Antonio, on the basis of only bid received of $8,392.86. Price comparison with a like item purchased in January, 1974 shows an increase of $1,754.43, or approximately 71.8% per unit. City Manager Townsend explained that there is very little competitive bidding on this item which is the reason for the substantial price increase. He stated that the vehicle is especially designed for the type of use for which it is employed. Council Member Sample asked if the staff had obtained information on some of the electric cars that are now available, mentioning that this type of vehicle is in use at Champlin Refinery. City Manager Townsend pointed out that the vehicles for parking control are used nine hours a day, and there is no time to recharge the batteries, which, he understands, is required for electric vehicles. Council Member Sample inquired if it might be possible to repair the existing vehicles that the City has rather than purchase two new vehicles at the greatly increased cost. Council Member Holt suggested that thAp item be withdrawn until the staff has time to consider electric vehicles or repair of the existing vehicles. City Manager Townsend stated that the existing vehicles are in very poor condition, but they are still being operated. Mr. Tom Basile, Administrative Assistant, stated that the bid submitted would be good for 60 days from the bid opening date. City Manager Townsend agreed to withdraw this item for further study. *This item was withdrawn. Minutes Regular Council Meeting June 7, 1978 Page 6 m. Recommendation that Tax Roll Adjustments for August 1, 1977 thru October 31, 1977, be approved as follows: • Tax Levies 8 -1-77 Recommended Changes thru 10-31-77 Tax Levies 10-31-77 City of Corpus Christi Water District Prior years Prior years 1977 Levy Levies $18,294,043 $1,709,201 $21,715 (20,852) (6,288) (13) $18,273,191 $1,702,913 $21,702 The decrease in the 1977 levy consists of net decreases of $18,630 in Real Estate Property and $2,222 in Personal Property levies, primarily a decrease of $10,603 for 153 taxpayers whose Homestead Applications were approved, decrease of $378 for 13 Disabled Veterans, decrease of $2,728 for 13 properties which were exempt, nine of which were City -owned; and a decrease of $2,096 for a double listing of property. n. Recommendation that the Fourth Year Community Development Block Grant of $4,876,000 be accepted for the projects approved by the City Council in January, 1978. o. Recommendation that a one+.year lease be authorized with Mrs. Ruth Sparks for continued rental of the Tax Office at 520 Lawrence Street from June 1, 1978 through May 31, 1979 for $1,200 per month plus taxes (now $1,529 per year). The previous lease expired earlier and was for a rental of $720 per month. The building contains 7,585 square feet, thus the total cost is 17.5C per square foot. The City pays utilities, janitorial service and inside maintenance. The owner maintains the electrical and air conditioning systems, the roof and building exterior. Thirteen parking spaces will be provided compared to only five in prior years. Council Member Diaz indicated that he felt that this building is much too small for the number of employees who work in the Tax Office. City Manager Townsend pointed out that nearly every office in the City is operating under the same crowded conditions. p. Recommendation that the grant offer of $159,210 from the Heritage Conservation and Recreation Service (formerly Bureau of Outdoor Recrea- tion) through the Texas Parks and Wildlife Commission to expand H.E.B. Tennis Center be approved. Council Member Gill inquired if this grant 1s contingent upon the closing of Shely Street. City Manager Townsend stated that the grant was obtained on the premise that Shely Street would be closed in order to provide for a certain number of tennis courts, but that he feels that it is unlikely that the Bureau would withdraw their grant if the street is not closed and the plans have to be changed. He also stated that the street closing will be discussed later of the close of the Regular Meeting. Minutes Regular Council Meeting June 7, 1978 Page 7 q• Recommendation that a resolution be adopted authorizing the sale of the incinerator site on Greenwood Drive to the American G. I. Forum for construction of apartments for the elderly. Such a sale to a non-profit association is authorized by State law without bids. The site is approx- imately 3.45 acres not including the gas regulator on the southeast corner. The sale would be contingent on HUD Approval of the project. Mayor Lozano called for questions or comments from the Council on the City Manager's Reports. Council Member Holt inquired if Items "i" and "j" are budgeted items. City Manager Townsend replied that Item "i" is budgeted in the current year's budget, and Item "j" will be a budgeted item in next year's budget. There were no comments or questions from the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" through "k" and Items "m" through "q" (Item "1" having been withdrawn), be approved; seconded by Diaz; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly r explained the ordinances on the agenda. Mayor Lozano called for questions or comments from members of the audience on the ordinances. Mr. Allan Potter, 4037 Pope, who stated that he was speaking on behalf of the Corpus Christi Classroom Teachers Association, which has 1200 members, referred to the ordinance which proposes that parking be prohibited on both sides of Kostoryz Road from South Padre Island Drive to Holly Road. Mr. Potter stated that the Class- room Teachers Association meets monthly at a building in the 5400 Block of Kostoryz and there is a need for them to park on the street at that time. Mr. Potter stated that the traffic on that portion of the street is very light; the street is very wide; and the center turn lane is not very essential. Mr. Potter further suggested that this ordinance be withdrawn and con- sidered at some future time when the traffic warrants the no parking condition, or that each block be considered, according to use, for the prohibition of parking. Council Member Diaz informed Mr. Potter that he will personally examine the street before the ordinance is considered for third reading next week. Minutes Regular Council Meeting June 7, 1978 Page 8 City Manager Townsend asked Mr. Potter if the Classroom Teachers Associa- tion owns the building referred to, and Mr. Potter replied that they do. Mr. Townsend then inquired if the organization had appeared before the public hearing conducted by the Traffic Safety Advisory Board, and Mr. Potter stated that they did not. City Manager Townsend explained to Mr. Potter that this matter was not presented to the Council without a great deal of thought and consideration and pointed out that the matter was discussed at a Traffic Safety Advisory Board , meeting at which time all property owners were allowed to speak. He then inquired as to how many members usually attend the monthly meetings of the Classroom Teachers Association, and Mr. Potter informed him that approximately 50 to 100 attend. City Manager Townsend located on a transparency the various buildings on this portion of the street and pointed out that Inza's Lonesome Coyote Saloon, Moravian Hall and Sokol Hall could conceivably overload the street with parked vehicles if they all had events at the same time. Mr. Townsend explained that vehicles had not been parked on the street prior to its being improved because ditches were located adjacent to the street. He stated that the basic question is whether or not parking should be prohibited before citizens become accustomed to using the street for parking, or if it should be prohibited at some future time when on -street parking becomes a real problem. Mr. Townsend emphasized that all of the organizations mentioned have land at this time to develop off- street parking. Council Member Gill inquired of Mr. Potter if the Classroom Teachers Association owns enough property to develop additional parking space. Mr. Potter stated that they have some parking spaces now, but they are inadequate when political rallies are held there occasionally. City Manager Townsend suggested that it might be possible to prohibit parking on the street during certain hours. He reminded the Council that most .. buildings are required to provide off-street parking when permits are issued as a condition of zoning. Minutes Regular Council Meeting June 7, 1978 Page 9 City Manager Townsend stated that the City's newer streets are designed without provisions for on -street parking. Speaking on this same matter was Mrs. Joan Veith, who suggested that the Council Members examine this area on a Wednesday night and they will note that on -street parking is a very serious problem in front of Inza's establishment. She also mentioned that a traffic hazard exists because vehicles pull out from a parked position at the curb into the path of oncoming traffic. Mrs. Veith informed Mr. Potter that she is a member of Sokol organization, and she felt that their parking lot could be used by the members of the Corpus Christi Class- room Teachers Association meetings occasionally. There was no further discussion in regard to the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO DELETE REFERENCES TO PORTIONS OF SOUTH PADRE ISLAND DRIVE (S.M. 358) AND IN LIEU THEREOF ADDING PROVISIONS FOR SPEED LIMITS OF 50 MILES PER HOUR AT ALL TIMES FROM A POINT 2,353 FEET WEST OF THE NAVAL AIR STATION RAILROAD SPUR TO 250 FEET EAST OF CANDLEWOOD STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Diaz, Gill, Holt, Juare2 and Sample voting "Aye"; Gulley, absent. SECOND READING: 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 CER- TAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON KOSTORYZ ROAD, BOTH SIDES, FROM SOUTH PADRE ISLAND DRIVE TO HOLLY ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14346: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE GRANT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE ENVIRONMENTAL PROTECTION AGENCY FOF STEP 3 WORK ON THE WESTSIDE WASTEWATER TREATMENT SYSTEM, A SUBSTANTIAL COPY OF WHICH GRANT AGREEMENT AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SAID AMENDMENT DECREASING THE AMOUNT OF THE GRANT FROM $652,500 TO $587,791; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting June 7, 1978 Page 10 ORDINANCE NO. 14347: AUTHORIZING THE CITY MANAGER TO APPROVE THE GRANT AGREEMENT FOR THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE AMOUNT OF $4,876,000, AS MORE FULLY SET FORTH IN THE SAID GRANT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS PERTAINING TO THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14348: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MRS. RUTH SPARKS FOR TME RENTAL OF LAND AND BUILDING FOR ONE YEAR, BEGINNING JUNE 1, 1978 AND ENDING MAY 31, 1979, AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXGIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14349: AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN FINANCIAL ASSISTANCE FROM THE HERITAGE CONSERVATION AND RECREATION SERVICE (FORMERLY THE BUREAU OF OUTDOOR RECREATION ) THROUGH THE TEXAS PARKS AND WILDLIFE COMMISSION TO EXPAND H.E.B. TENNIS CENTER FOR PUBLIC OUTDOOR RECREATION PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, Absent. RESOLUTION NO. 14350: RESOLUTION BY WHICH THE CITY COUNCIL AFFIRMS ITS INTENTION TO SELL THE OLD INCINERATOR SITE TO THE AMERICAN G. I. FORUM AT A PRICE NOT TO EXCEED $115,500, CONTINGENT ON THE AMERICAN G. I. FORUM RECEIVING FEDERAL ASSISTANCE FOR THE DEVELPMENT OF HOUSING FOR THE ELDERLY AND HANDICAPPED ON SAID SITE. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Lozano, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Gulley, absent. * * * * * * * * Mayor Lozano recessed the Regular Council Meeting at 3:44 p.m. in order to convene the Special Council Meeting on zoning cases scheduled for 3:30 p.m. * * * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 4:10 p.m. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Minutes Regular Council Meeting June 7, 1978 Page 11 Mr. David Cadena, 3325 Tahiti, stated that he lives in Tropic Isles in Flour Bluff. He referred to a petition that was presented to the City two years ago requesting relief for streets in that area that do not have sewer facilities. Mr. Cadena mentioned that he understood that funds for a lift station and laterals for the area had been approved in a bond election. He also indicated that he had been informed that City forces plan to perform the work of laying the laterals. Mr. Cadena expressed a desire to have a definite answer as to when the laterals will be constructed since the lift station is now being built. City Manager Townsend confirmed the statement that the lift station is now under construction, but informed Mr. Cadena that the staff has almost com— pleted plans for the laterals, and this matter will be before the Council very soon. Mr. Townsend further stated that the staff has not yet determined whether a contract will be let for the construction of the laterals or if City construc— tion crews will perform the work. City Manager Townsend stated that funds for the laterals were authorized in the 1977 Bond Program, and there is no question that they will be constructed as soon as possible. Mr. Cadena pointed out that he felt that if City crews perform the work, it will be more than a year before the laterals are completed and suggested that a private contractor be allowed to construct the laterals. City Manager Townsend reiterated that the staff has not determined whether or not the work will be performed by a contractor or City crews but stated that City crews could do the work better and more economically, since they are familiar with the sandy conditions in this area of Flour Bluff. He assured Mr. Cadena that regardless of who performs the work, the laterals will be completed as quickly as possible. Mr. Cadena expressed his appreciation for the City Manager's concern about this matter. Speaking on another matter was Mr. Abel Garcia, 1454 Buenos Aires Street, who expressed concern about the proposed park in the Los Encinos area. Mr. Garcia pointed out that funds were appropriated for this park in the 1972 Bond Program; work was started on the park but has not been completed; and suggested that since Minutes Regular Council Meeting June 7, 1978 Page 12 the City is experiencing difficulty in acquiring the land for the park, that the park be located elsewhere. City Manager Townsend explained that the land that needs to be acquired is owned by several people; the principal owner had attempted to work out the land acquisition by dedicating a portion of the tract; some of his partners objected to this and overruled him in the dedication plan; and the other owners indicated that they would not agree to the land dedication unless the City agreed to rezone the balance of the tract for industrial use. Mr. Townsend further explained that the staff could not recommend any kind of action that involved change of zoning, since most of the property is zoned for residential use. City Manager Townsend continued by stating that since the negotiations for acquisition of the land could not be completed, the staff obtained the author- ity to have the property appraised. He explained that such action takes time, but the appraisal should be completed in two or three weeks, at which time it will be presented to the Council. Mr. Townsend stated that the land was cleared some time ago by the City with the owners' permission, and the owner will be required to pay for this work. Mr. Garcia mentioned that the weeds have grown up again, and Mr. Townsend stated that the City cannot go onto private property to clean the area without lengthy action which includes notification, etc. Mr. Garcia stated that there are problems in the area such as street lighting and drainage. City Manager Townsend informed Mr. Garcia that if the area becomes a park, the drainage will be corrected, but there is no way the City can require the owners to drain private property. Mr. Garcia then extended an invitation to the Council and the City Mana- ger to attend a community meeting to be held at 7:00 p.m. Monday, June 12, 1978, at Maria Madre de la Iglesia Mission. Mr. Garcia presented a petition containing 197 signatures expressing concern about the conditions in the Los Encinos Park area and the delay in development of the park. Speaking on the same matter was Mr. Manuel Almeida, 5906 Sabinal Street. Mr. Almeida spoke in particular 1-n regard to the drainage problem; the sewer .'iinutes Regular Council Meeting June 7, 1978 Page 13 problem; and the existence of mosquitoes in the area. He also informed the Council that there is a ditch outside the property line in the 1700 Block of Mission Drive and the 1500 Block of Rio Grande Drive that is in need of cleaning. He also com- plained that the sidewalks are overgrown with weeds, and there is a ditch with standing water in back of the property. City Manager Townsend assured Mr. Almeida that the ditches will be cleaned and asked him to supply the staff with a list of addresses of the homes experienc- ing the sewer problems. Council Member Diaz urged that citizens who have problems such as this contact the Council Members rather than the news media. Council Member Sample agreed and stated that if individuals will contact either a Council Member or the City Manager, these problems can be worked out. The next citizen addressing the Council was Mr. Bert Haas, 323 Montclair. Mr. Haas stated that he was speaking on behalf of Mr. David May, who owns a large tract of land in the vicinity of the Naval Air Station. Mr. Haas pointed out that a caretaker's house is located on the property, and,he has been told that in order to obtain sewer service for this small house, he must pay a charge of $5.00 a foot, which would total $3,600 just to obtain a sewer line to the house. He indicated that this is a hardship case and requested permission for Mr. May to install a septic tank to serve the caretaker's house. City Manager Townsend explained that this property is located at the inter- section of Green Bay Drive and Matlock Street; the City offered to purchase this tract of land in connection with their plan to acquire land in the crash zones of the Naval Air Station; the owner refused to sell the tract; and stated that a sewer line was laid down Matlock Street. Mr. Townsend further explained that the ordinance provides that the abutting property owner must pay $5.00 a front foot for the sewer line. He stated that if the property is replatted, the front footage would be considerably leas, but the owner does not really want to replat the land. Mr. Townsend stated that he cannot recommend a waiver in this case. Mr. Townsend stated that if the owner had paid for his sewer line at the time the sewer line was laid down Matlock Street, the charge would have been only ''$2.00 a front foot. Minutes Regular Council Meeting June 7, 1978 Page 14 He pointed out that if a waiver is granted for this property owner, a precedent would be set. He concluded by informing the Council that he will have a written staff report on the matter as soon as possible. Speaking on the same matter was Mr. David May, 2215 Ayers, owner of the property under discussion. Mr. May contended that every time an individual attempts to develop land, the City staff has thrown up "road blocks." He stated that he did not ask for a sewer line in this area; he was not aware of the time limitation for acquiring a sewer line to his property at the cost of $2.00; feels that $3,600 is a ridiculous amount to pay; and stated that a permit for a septic tank would be quite acceptable. Mr. May informed the Council that he has dis- cussed this matter with several departments of the City and with the City Manager with no results. Council Member Sample indicated that he would like to have a staff report on this by next week, if possible. City Manager Townsend stated that he will need to obtain further informa- tion before he will be able to present a full report. He stated that allowing a septic tank to be installed on property where a sewer line exists would be in violation of the Plumbing Code. Council Member Holt inquired about the cost of a septic tank, and City Manager Townsend replied that the cost would be approximately $1,000. Mayor Lozano mentioned the fact that he will be out of the City next week, and it is possible that Mayor Pro Tem Gulley will also be out of town. He inquired if it would be appropriate for the Council to designate an Acting Mayor Pro Tem. City Manager Townsend presented the Council with copies of the section of the City Charter pertaining to this matter and stated that it would be proper for the Council to appoint an Acting Mayor Pro Tem today or at the next meeting of the Council. Motion by Holt that Council Member Edward L. Sample be designated as Mayor Pro Tem to act as Mayor during any meetings next week in the absence of both Mayor Lozano and Mayor Pro Tem Bob Gulley; seconded by Juarez; and passed unanimously. .41 Ainutes Regular Council Meeting June 7, 1978 Page 15 Motion by Sample that the meeting be adjourned, seconded by Diaz, and passed unanimously. The Regular Council Meeting was adjourned at 4:50 p.m., following which the Council returned to the Workshop Session for discussion of several matters. City Manager Townsend called for discussion of the tabled matter con- cerning the closing of Shely Street. He reminded the Council that the closing of this street was desirable in order to expand the H.E.B. Tennis Center. After discussion of the matter, it was the consensus of the Council that the hearing should be reopened after all citizens who have appeared before the Council in connection with this street closing have been notified. City Manager Townsend informed the Council that the City owns a tract of land on Alameda Street near the Oso Golf Course and the Garden Center. He stated that the land is referred to as Nature Park and consists of approximately 13 acres. Mr. Townsend further expressed the opinion that 10 acres of this land was surplus property and probably should be sold. He asked that the Council,consider rezoning all or part of this land before the sale and stated that a recommendation will be forthcoming on this matter. There being no further business to come before the Council, the Workshop Meeting was adjourned at 5:10 p.m., June 7, 1978.