HomeMy WebLinkAboutMinutes City Council - 06/28/1978PRESENT:
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
JUNE 28, 1978
2:00 P. M.
City Manager R. Marvin Townsend
Assistant City Attorney Bob Coffin
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber
of City Hall.
The invocation was given by the Reverend Charles Higgs of Forrest Park
Baptist Church.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally consti-
tuted meeting.
Mayor Lozano announced the issuance of the following proclamations:
"TRANSPORTATION ENGINEER DAYS" - June 29, 30 and July 1, 1978; "ALCOHOLISM
AWARENESS MONTH" - July, 1978; and "FLAG DISPLAY AND BELL RINGING DAY" - July 4,
1978.
Motion by Diaz that the minutes of the Regular Council Meeting of June 14,
1978 be approved as presented; seconded by Sample; and passed unanimously.
* * * * * * * *
Mayor Lozano announced the Public Hearing, scheduled to be reopened at
2:00 p.m., on the following:
Closing Shely Street between Churchill Drive and Fig Street. This portion
of Shely Street crosses HEB Park. Planned expansion of the HEB Tennis
Center includes closing the street which would decrease non -local traffic
passing through the adjacent subdivision. Those who appeared at the March
1, 1978 hearing and those who signed the petition against the street closing
have been notified of the reopened hearing.
As background information, City Manager R. Marvin Townsend explained that
the public hearing was held on March 1; the Council has had several discussions on
the proposed street closing since that time; and Mr. Guillermo Pulido, a member of
the staff of Planning and Urban Development, has met with the residents in the
MICROFILMED
SEP 0 31980
Minutes
Regular Council Meeting
June 28, 1978
Page 2
neighborhood who had indicated an interest in this matter.
City Manager Townsend displayed several drawings of this portion of Shely
Street and the surrounding area and pointed out that the street proposed to be
closed connects the subdivision to the north with a shopping area. He reminded
the Council that one property owner of lots zoned for business expressed concern
about closing this portion of the street, and some residents in the neighborhood
who go through the park to Ayers Street had also expressed concern.
Mr. Townsend pointed out the location of various facilities in the park
as well as the proposed location of the new tennis courts. He then suggested
that Mayor Lozano ascertain how many people were present at the meeting in regard
to this matter.
Mayor Lozano determined that several people were present for the reopened
public hearing.
City Manager Townsend continued by stating that according to the survey
report prepared by Mr. Pulido, the primary concern of the property owners in the
neighborhood is the through traffic and the potential accidents in the area. Mr.
Townsend pointed out that if the street is closed, less traffic would go through
the subdivision and fewer accidents would occur. He also stated that the staff
feels that the residents would suffer very little inconvenience since Tarlton
Street will provide access and egress.
City Manager Townsend referred to the business zoned property south of
the proposed street closure and pointed out that access to this property would be
provided through Fig and Tarlton Streets.
City Manager Townsend pointed out that the proposed plans would provide
for a walkway through the park to the shopping center from the subdivision. He
explained the location of the existing tennis courts in the park and displayed
before the Council the proposed plan for closing the street, noting that
a driveway would be provided for the property owner who has a residence on the
street. He suggested that it might be appropriate for the City to eventually
acquire some of the lots which are south of the park, emphasizing that he is not
recommending this as a part of this project but that this be considered at a later
date.
Minutes
Regular Council Meeting
June 28, 1978
Page 3
Mayor Lozano invited members of the audience who are opposed to the closing
of Shely Street to speak at this time.
Mr. Bill Bell, co-owner with Mr. C. C. Speed of the business zoned lots
south of the proposed closing, spoke at this time in opposition. He informed the
Council that the lots were purchased with the intention of building on them. Mr.
Bell pointed out that Shely Street serves the subdivision to the north and suggested
that some of the property serving La Armada for parking could be utilized to expand
the park facility for additional tennis courts. He also contended that this park
benefits people outside the immediate area, not the residents of the subdivision.
Also speaking in opposition to the street closing was Mr. Troy Frost, 1813
Timrod Street, which parallels Shely Street. Mr. Frost stated that Timrod Street
is only two blocks long; if residents desire to go to town, the shortest route is
through Shely Street. He further stated that Tarlton and Arlington Streets are
impassable due to flooding during heavy rains; therefore, Shely Street provides
the only access during such times.
Mrs. Clifford Courville, 1845 Hawthorne, stated that she resides in Pineda
Park Subdivision, but was not informed of the public hearing. She stated that
Tarlton Street is already heavily traveled and if Shely Street is closed, traffic
on Tarlton will be increased.
City Manager Townsend pointed out that some property owners in the subdi-
vision were concerned about through traffic going through the subdivision, and
this would be decreased if Shely Street is closed.
Council Member Gill expressed concern about the traffic on Tarlton Street
because of the existence of Travis Elementary School on the street.
Mr. Ernest Briones, Director of Planning and Urban Development, stated that
he had talked with representatives of Corpus Christi Independent School District,
and it is his understanding that Travis School will be reconstructed, following
which the flow of traffic will be changed, and this should eliminate the traffic
congestion at Churchill and Tarlton Streets.
No one else spoke in regard to this matter.
Council Member Holt made the observation that according to the survey
made by the Planning Department, 70% of the property owners in the area preferred
Minutes
Regular Council Meeting
June 28, 1978
Page 4
to have Shely Street closed.
Mr. Pulido confirmed this and stated that after the advantages of having
the street closed were pointed out to the residents in the area, most of the people
who had signed the petition in opposition to the closing, indicated that they had
no objections. Mr. Pulido also pointed out that four accidents had occurred in
the subdivision recently, all of which involved parked cars.
City Manager Townsend pointed out that the practice of people who are
attending tournaments to park on the streets in the subdivision will not be so
prevalent if Shely Street is closed.
Mayor Pro Tem Gulley inquired if there is an alternate plan for the con-
struction of the tennis courts if the street is not closed.
City Manager Townsend referred to the maps on display and stated that the
alternate plan provides for the tennis courts to be constructed across the street.
kl
Mr. Terry Dopson, Director of Park and Recreation, pointed out that this
would allow the construction of only seven additional courts; four of these courts
would be in undesirable locations; another alternative plan would require an addi-
tional pro shop to serve the new tennis courts in the new location since they would
be too far from the existing pro shop; and this would not only be undesirable, but
would be more expensive.
City Manager Townsend stated that this alternative plan would necessitate
the elimination of the existing baseball field in the park, whereas, the original
plan would allow the retention of the playground area and the open space area.
He also stated that the neighborhood residents preferred that the walkways, play-
ground, and basketball courts be retained in the park.
City Manager Townsend called the Council's attention to the fact that none
of the residents of the area who had signed the petition in opposition were present
today to object to the closing.
Mayor Pro Tem Gulley asked Mr. Bell to explain why he feels that his property
would be decreased in value by the closing of this portion of Shely Street. Mr.
Bell stated that if a business is located on the lots he owns, traffic from the
subdivision would be generated and he feels that any business use located there
would require the opening of Shely Street.
Minutes
Regular Council Meeting
June 28, 1978
Page 5
Mr. Sam Main, Realtor, 922 Carmel, expressed the opinion that since Mr.
Bell's property is zoned B-1, any neighborhood type of business located there would
require access through Shely Street from the subdivision.
City Manager Townsend suggested to the Council that the hearing be closed
and the matter be tabled to enable the staff to study the alternative plans, refine
the drawings, and present a final recommendation to the Council.
Council Member Diaz stated that he would like to make sure that all of the
property owners within 450 feet of the street closing are aware of what is happen-
ing.
City Manager Townsend reiterated that all of the people who objected to the
closing originally have been contacted, and the staff feels that a majority of the
people want the street closed.
Council Member Holt inquired if it would be possible to curve this portion
of Shely Street around the proposed tennis courts in order to retain the street
and still provide a large enough area for the construction of the tennis courts.
City Manager Townsend stated that the staff will study this suggestion
also and present other drawings of plans for the tennis courts.
Motion by Sample that the hearing be closed, seconded by Gulley, and passed
unanimously.
City Manager Townsend pointed out that it is desirable to construct the
tennis courts in areas whereby they could eventually be lighted without having the
lights bother the residents who reside adjacent to the park.
Motion by Holt that the closing of Shely Street be tabled, seconded by
Diaz, and passed unanimously.
* * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items and recommended that:
(1) Bids be received at 11:00 a.m., Tuesday, July 18, 1978, on the
following:
(a) A replacement track mounted trencher for the Gas Division
(b) A replacement trailer mounted tree spade for the Park Division
Minutes
Regular Council Meeting
June 28, 1978
Page 6
(2) Bids be received at 9 a.m., Tuesday, July 18, 1978, for the follow-
ing towing contracts:
(a) A 3 -year contract to provide emergency tire repair and wrecker
service for police vehicles on a 24-hour per day, 7 -day per week
basis and on other City vehicles when the Maintenance Services
Department cannot respond or is not open.
(b) 3 -year contracts for operation of the Massey Streget and abandoned
car pounds. The specifications are written so t1tat bids can be
submitted on either the Massey pound or the abandoned car pound
or both. In both cases, the contractor receives the proceeds from
the operation of the pounds including the sale of unclaimed aban-
doned vehicles under the abandoned car pound contract. On the
Massey Street pound, the bidders bid a monthly subsidy which the
City will pay them for operation of the pound since the proceeds
from the pound are normally not enough to cover its cost of oper-
ation since it must be staffed by the contractor on a 24-hour a
day, 7 -day a week basis. On the abandoned pound contract, the
bidders bid the amount they will pay the City for each abandoned
vehicle which is impounded. It is recommended that the towing
fees allowed under the contracts be increased from $10 for a
normal tow and up to $10 for any additional labor which must be
performed to a flat fee of $25 per tow. It is further recom-
mended that the allowable storage fee be increased from $1.00
to $2.00 per day.
The specifications have also been changed to require garage lia-
bility and garage -keepers' extra legal liability insurance in the
amounts of $100,000/300,000/50,000 in lieu of public liability
insurance in the same amounts. The successful bidder will also
be required to provide insurance covering damage to vehicles in
his care, custody and control while being towed and in storage.
Consultation with the insurance industry has revealed that this
type of insurance will provide more comprehensive coverage and
protection for the public than public liability insurance.
In regard to the preceding item, City Manager Townsend informed the
Council that there is a question about the performance of the present contractor
who currently operates the car pound. He presented the Council with a copy of a
memorandum from Mr. Tom Basile, Administrative Assistant, which indicates the kinds
of complaints received by the City about the present contract holder, J & R Wrecker
Service. He stated that the staff, with the exception of Police Chief Bill Banner,
does not feel that the contract should be renewed with this wrecker service. City
Manager Townsend stated that he felt that these comments should be made prior to the
opening of bids, after which the Council can make a decision.
Mayor Lozano pointed out that he had recommended against awarding the contract
to this wrecker service at the time the original contract was awarded.
Discussion followed on this matter, and City Attorney J. Bruce Aycock advised
the Council that the Charter gives the Council the authority to award the bid to
Minutes
Regular Council Meeting
June 28, 1978
Page 7
the company that submits the most advantageous bid. He also stated that it would
be in order, if the Council approves, for the Purchasing Department to exclude this
company from the bid invitation list.
The Council indicated their concurrence to this suggestion, and City Manager
Townsend stated that he will so advise the Purchasing Department.
(3)
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 71.81 per unit. A gas operated cart made by another
manufacturer was investigated. After test driving a model of the cart,
it was determined that its use would not be satisfactory in parking
control.
City Manager Townsend informed the Council that the golf -cart type of vehi-
cles only travel at 12 mph and cost approximately $2,700; the staff investigated
other types of vehicles, but after due consideration, they feel that the vehicles
originally recommended should be purchased.
(4) A contract for $8,500 for installation of acoustical panels at the
Greenwood and Lindale Senior Citizens' Centers be awarded to Coastal
A.D.S., Inc. The project provides for acoustics in the auditorium
and crafts room of each of the centers and is partially funded by a
grant from the Coastal Bend Council of Governments in conjunction
with the Governors Committee on Aging.
City Manager Townsend explained that the funding will be 80% from the grant
and 201 City funds.
(5)
Two parcels of land be acquired from Waukesha -Pearce Industries ($16,750)
and Mr. and Mrs. Jerome Moyer ($1,200) respectively and $20,000 be appro-
priated including $2,050 for appraisal and related costs, in connection
with the Dunn Lane to Navigation Extension Project. The portion of Dunn
Lane which will become surplus City property as a result of the project
and containing approximately 6,404 square feet in the cul-de-sac area is
to be deeded to Waukesha -Pearce Industries in exchange for an equal
amount of Waukesha -Pearce property and the City will pay $16,750 for the
remaining 19,674.08 square feet. A portion of one parcel begins at
Navigation Boulevard adjacent to and south of the Gulf Coast Humane
Society extending the entire length of the Humane Society property and
continuing along with the second parcel the remaining distance to Dunn
Lane.
(6) Two revocable easements be granted to Champlin Petroleum Company as
follows:
(a) An easement crossing City streets from the ethylene plant at
McKinzie Road in the general direction of Sedwick Road, branching
north across Interstate Highway 37 to Up River Road and easterly
crossing Leopard Street to T.H. 37 near Corn Products Road. There
are 12 street crossings with 9 lines ranging in size from 4k' to
12 3/4' outside diameter. The fee is $11,334.28.
Minutes
Regular Council Meeting
June 28, 1978
Page 8
(b) An easement across Academy Heights Park along I.H. 37. The City
retains the right of use of the park and Champlin will seed and
landscape the area cleared. The fee is $7,380 and is based on
land values and will be deposited to the Park Trust Funds.
Both easements are needed to transport materials from the ethylene plant
to Champlin Refinery and other users.
In regard to Item (5), Council Member Gill suggested that if some time will
elapse before the Dunn Lane extension can be opened, that a temporary opening to
Dunn Lane be provided for the residents of that street. City Manager Townsend stated
that a temporary opening will be studied by the staff.
(7) Rental charges and regulations for the new Auditorium be established.
The basic rental charge would be $450 or 7% of gross receipts, which-
ever is more, up to a maximum of $1,000. A discount of 15% would apply
to non-profit sponsors and 33% for events with free admission. The
local symphony would be charged 12% of gross receipts in excess of
$5,000, with a $1,000 maximum.
City Manager Townsend presented the Council with copies of a memorandum
in regard to rates for the Auditorium and asked Mr. Bill Hennings, Director of
Inspection and Operations, to explain further.
Mr. Hennings referred to the memorandum prepared by Mr. Harold R. Peterson,
Convention Center Manager, which lists the rates charged in other cities and exam-
ples of charges for different types of events. Mr. Hennings stated that the proposal
includes a basic rental rate, a 15% discount for non-profit organizations, and an
additional discount for free events. He also pointed out that the rates will include
a basic charge for equipment used by users of the auditorium. Mr. Hennings then
explained the different classes of various rates with various prices of tickets and
the projection of gross receipts for the symphony concerts based on the different
prices of tickets and the estimated number that will be sold.
City Manager Townsend informed the Council that the rate charged for the
symphony by Del Mar College was $200, which included the rent for rehearsals and
the on-stage rehearsal for each performance.
Mr. Hennings pointed out that the symphony would be charged $192 with no
profit at all, but if attendance is greatly increased, the symphony would be
charged 12% of gross receipts in excess of $5,000, with a $1,000 maximum.
Council Member Holt expressed the opinion that the symphony should be
classified as a non-profit organization and charged accordingly, and if they
Minutes
Regular Council Meeting
June 28, 1978
Page 9
experience a great deal of growth, their profits could be used to improve the symphony.
Mayor Pro Tem Gulley mentioned the cost of operating the new Auditorium and
stated that he does not feel that a single organization should be exempt from the
minimum charge.
Council Member Gill pointed out that the Auditorium was built to accommodate
the symphony concerts, and if the rent is prohibitive, they will not be able to use
the facility and will have to continue renting Del Mar College Auditorium.
Mayor Pro Tem Gulley indicated that he felt that the Auditorium was built
for all of the citizens of the City, and Council Member Holt reiterated that they
should be charged the same as other non-profit organizations. Council Member Holt
also stated that he felt that if the members of the symphony organization work hard,
they should be able to sell more season tickets and could then afford to pay the
minimum fee.
(8) The 1500 through 1700 blocks of North Chaparral Street and the 300
and 400 blocks of Hughes and 300 Block and the east 150' of the 400
block of Resaca Street be closed to vehicular traffic from 8:00 a.m.
Monday, July 3 through 10:00 a.m., Wednesday, July 5, 1978 so the
Corpus Christi Area Camp Fire Girls, Inc. can sponsor The Old Town
Jamboree on July 4. The proceeds from the Jamboree will be used for
restoration of the Simon Gugenheim House.
The Traffic Safety Advisory Board's recommendation that parking be
prohibited on the south side of Buffalo Street from Carrizo to
North Tancahua Streets from 7:00 a.m. to 9:00 a.m. be approved.
Parking restrictions are needed because of increased traffic
flow to the new County Courthouse. A similar restriction exists
on the south side of Buffalo from Artesian to Carrizo. The
eight parking spaces involved would be available after 9:00 a.m.
(9)
(10) Supplement No. 2 to the 1976 codification of City ordinances be
adopted. It includes all ordinances of general application enacted
from June 16, 1976 to July 6, 1977.
The 1977-78 Budget be amended to provide an equitable distribution
of the Utility Office costs between the Gas Fund, Water Fund,
Wastewater Fund, and Sanitation by decreasing the Gas Fund's payment
from $597,146 to $519,606; increasing the Wastewater Fund's
payment from $215,956 to $259,779; and increasing the Water
Fund's cost from $453,176 to $463,865; and increasing the Sani-
tation Division's payment from $104,657 to $118,102.
City Manager Townsend stated that he would like to withdraw Item (12), -which
concerns the City's insurance coverage, because this matter will require a lengthy
explanation, and public hearings on four zoning applications are scheduled for
3:30 p.m.
Minutes
Regular Council Meeting
June 28, 1978
Page 10
(13) The public property included in the June 14, 1978 annexation hearing
be annexed with the exception of that portion of Corpus Christi Bay
south of the Ship Channel near Aransas Pass and Port Aransas. The
Nueces County Navigation District has indicated that some of this
area contains spoil banks and other land whose future has not yet
been determined and that certain private interests are paying taxes
on some of the area and thus contend some ownership interest.
City Manager Townsend suggested that the Bay area previously considered for
annexation and approved following the hearing not be annexed at this time because
there is some question about the future plans for the area and the fact that there
may be some private ownership involved. He stated that the staff will study the
possible annexation of this property in the future.
(14) A replacement atomic absorption spectrophotometer forathe Health
Department be purchased from PERKIN ELMER CORPORATION, Houston, on
basis of most advantageous bid of $25,412.40. Price comparison shows
21% increase; however, the equipment being purchased has many more
technological improvements. Bids were received from 3 firms. This
equipment is used by the Health Department for analyzing water samples
for the Wastewater Services Division and under a contract with the
Texas Department of Health Resources. The firms submitted bids on
a number of alternative models. Although the model being recommended
is the most expensive, it is also the latest and most versatile. The
unit being replaced was purchased in 1972.
Mayor Lozano called for comments from the audience on the City Manager's
Reports.
Mr. Bob Kibler, representative of Varian Associates, Inc., referred to
Item (14) and stated that his company would accept the decision of the Council on
the award of bid for the replacement atomic absorption spectrophotometer. He
pointed out that his company had submitted a competitive bid at the lowest price
they could; they demonstrated their instrument using actual samples of the type for
which the instrument will be used; and alleged that the Perkin Elmer Corporation
had used water samples to run tests on the instrument they bid on. Mr. Kibler empha-
sized that he felt that Varian's instrument is equal to the instrument recommended
for purchase.
Council Member Diaz thanked Mr. Kibler for expressing his views and explained
that the Council felt that they should listen to the recommendations of the staff in
regard to such technical items such as the one under discussion. He requested that
Varian Associates, Inc. continue to submit bids to the City.
Minutes
Regular Council Meeting
June 28, 1978
Page 11
Also speaking on Item (14) was Mr. James Logan, representative of Perkin'
Elmer Corporation, who informed the Council that the value of the spectrophotometRty
on which they submitted their bid is $29,500; they offered a trade-in consideration
in the amount of $600; and they feel that their bid is more advantageous to the,C'
He thanked the Council for their consideration.
There was no further discussion from the audience on the tity Manager's
Reports.
Motion by Diaz that the City Manager''s Reports, Items (1) through (14), with
ip
the exception of Item (12) which was withdrawn, be accepted; secondeq by Sample.
Mayor Pro Tem Gulley called for further discussion of the Auditorium rates
prior to the vote on the City Manager's Reports. He stated that he felt that
a motion would be in order that a minimum charge be made for rental of the Auditor.
'�aSk
ium for the symphony similar to other non-profit organizations.
City Manager Townsend emphasized that the class suggested for the symphony
does include some charges since the use of the rehearsal hall will involve $250'
that will be paid by the symphony.
Further discussion followed on this matter.
Motion by Gulley that the City Manager's Report, Item (7) be apeliided-'[o
state that a rental fee of $300 be charged for any organization, including t'
symphony; seconded by Diaz.
City Manager Townsend inquired if the motion included all of the extra
charges that would be necessary for a symphony concert.
Mayor Pro Tem Gulley then amended his previous motion to include the state,='»:
ment that extra charges be charged all organizations, as well as the minimum fee
$300.
Council Member Diaz then withdrew his second to Mayor Pro Tem Gulley's
motion, stating that he did not see any problem in subsidizing the symphony to
some extent.
Council Member Sample stated that he would agree to the first motion set-
ting a minimum rental of $300 for the symphony but that he would not agree to
include the charge of $250 for rehearsals.
Mayor Pro Tem Gulley withdrew the amendment to his first motion, and
Council Member Diaz seconded Mayor Pro Tem Gulley's first motion that all
Minutes
Regular Council Meeting
June 28, 1978
Page 12
organizations, including the symphony, be charged a minimum of $300. This motion
passed unanimously.
City Manager Townsend stated that the Class IV: Corpus Christi Symphony
section of the ordinance will be amended to designate the minimum rental of $300;
the charges for extra services in the amount of $192 will be included; but the
rehearsal hall charges will be eliminated.
Mayor Lozano called for the vote on Council Member Diaz' motion to approve
the City Manager's Reports with the exception of Item (12) which was withdrawn '
and including Item (7), as amended by Council action. The City Manager's Reports
were approved by the following vote: Lozano, Gill, Juarez and Sample voting "Aye"
on all items; Diaz voting "Aye" on all items with the exception of Item (14); and
Gulley and Holt voting "Aye" on all items with the exception of Item (3).
* * * * * * * *
Mayor Lozano announced the public hearings on four zoning applications.
City Manager Townsend announced the public hearing on Application No. 578-10,
Mr. H. K. Howard, for change of zoning from "R -1B" One -family Dwelling District to
"A-1" Apartment House District on Lot 21, Block 14, Port Aransas Cliffs, located on
the west side of Ocean Drive approximately 325' south of Rossiter Street.
City Manager Townsend informed the Council that both the Planning Commission
and the Planning Staff recommend approval. He stated that in response to the noti-
ces of the public hearing, three in opposition and none in favor 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. He
stated that the applicant plans a townhouse development on the subject property.
Mayor Lozano called on those who are opposed to the change of zoning to
speak at this time.
Mr. Phil Massad, 3427 Ocean Drive, pointed out the property that he owns
in the area and stated that he is in opposition to the change of zoning because
of parking problems in the area. Mr. Massad also stated that the building on his
property is set back 75 feet, whereas the proposed construction will be set back
only 25 feet. He further stated that he felt that the townhouses planned would
Minutes
Regular Council Meeting
June 28, 1978
Page 13
be an improvement in the area, but that he objected to the planned three-story struc-
ture and suggested that no parking be stipulated.
Chief Planner Wenger stated that "A-1" zoning allows three-story buildings
or a maximum height of 45 feet.
Mr. Massed stated that if the developer builds the townhouses according to
his plans and provides off-street parking, he would withdraw his objections to the
change of zoning.
City Manager Townsend explained that if "A-1" zoning is approved, no
restrictions could be included as a part of the zoning, stating that this would
require a special permit specifying that the proposed plans must be followed.
Mayor Lozano also explained to Mr. Massed that the Council could not include
a no parking regulation as a part of the change of zoning.
Speaking in favor of the change of zoning was the applicant, Mr. H. K.
Howard, 1030 Petroleum Tower. He referred to the traffic and density that exists
on the property and stated that five families are living there now; there is no
off-street parking there now; and that he plans to provide approximately ten park-
ing spaces in front of the structure and garages will be constructed in the rear.
He contended that this should alleviate some of the traffic and parking problems
that exist at this time.
Council Member Gill inquired of the applicant if he plans landscaping in
front of the parking area, and Mr. Howard assured her that landscaping will be
a part of their plan and possibly a brick wall.
Council Member Juarez asked the applicant if he would accept a special
permit in lieu of "A-1" zoning, and Mr. Howard stated that one unit will be con-
structed on the property that is already zoned "A-1"; therefore, he would prefer
"A-1" zoning on this tract also.
Mayor Lozano called for comments on this application from Mr. Gene Peeples,
representative of the Planning Commission.
Mr. Peeples informed the Council that the Planning Commission considered
this application as a method of cleaning up the area; the duplex located there is
non -conforming use; and that he does not feel that number of feet required for `
Minutes
Regular Council Meeting
June 28, 1978
Page 14
setback should have anything to do with the zoning.
Motion by Gulley that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Gulley that the zoning on Application No. 578-10 be changed to
"A-1" as recommended by the Planning Commission, seconded by Sample, and passed
by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye";
Juarez voting "Nay."
City Manager Townsend announced the public hearing on Application No.
578-11, Mr. Richard S. Lane, for change of zoning from "R -1B" One -family Dwelling
District to "B-3" Business District on Lots 45, 46 and 47, Block 14, Flour Bluff
Park, located on the west side of Rehman Street approximately 160' north of South
Padre Island Drive.
Mr. Townsend stated that both the Planning Commission and the Planning
Staff recommend approval and that in response to the notices of the public hearing,
one in favor had been returned.
Chief Planner 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.
He stated that the applicant plans to use the property for boat storage.
No one spoke in regard to this application.
Motion by Holt that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Sample that Application No. 578-11 for change of zoning to "B-3"
be approved as recommended by the Planning Commission, seconded by Holt, and passed
unanimously.
* * * * * * * *
City Manager Townsend announced the public hearing on Application No.
578-12, K -SIX Television, Inc., for change of zoning from "A-2" Apartment House
District to "I-2" Light Industrial District on Lot 1, Block A, Bluff Addition,
located on the west side of Waco Street approximately 75'.north of Blucher Street.
Minutes
Regular Council Meeting
June 28, 1978
Page 15
City Manager Townsend informed the Council that both the Planning Commission
and the Planning Staff recommend approval. He also stated that in response to the
notices of the public hearing, one in favor and none in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, and showed slides of the area. He
stated that the planned use for the tract is for the television station's broad-
casting operations.
No one spoke in regard to this application.
Motion by Gulley that the hearing be closed, seconded by Holt, and passed
unanimously.
Motion by Holt that Application No. 578-12 for change of zoning to "I-2"
be approved as recommended by the Planning Commission, seconded by Diaz, and passed
unanimously.
City Manager Townsend announced the public hearing on Application No.
578-14, Drill Collar Inspection Company, Inc., for change of zoning from "F-4"
Farm -Rural District to "I-2" Light Industrial District on Lots 3 and 4, Block 1,
Hudson Acres Annex, located on the south side of Leopard Street approximately 200'
east of Main Drive.
City Manager Townsend stated that both the Planning Commission and the
Planning Staff recommend approval and that the standard screening fence requirement
along the south and east property lines be waived. Mr. Townsend informed the
Council that in response to the notices of the public hearing, three in opposition
and one in favor had been returned.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, and showed slides of the area. He
stated that the applicant plans to construct a new welding shop in the rear corner
of Lot 4.
Speaking in opposition to the application was Mr. Leroy C. Kempe, 8079
Leopard, owner of the Sands Motel. Mr. Kempe stated that he objects to the change
of zoning because of the excessive noise that will be created by the welding shop.
Minutes
Regular Council Meeting
June 28, 1978
Page 16
Mr. Kempe explained that the occupants of his motel often rent by the week or the
month; some of them work at night and must sleep during the day; therefore, exces-
sive noise in the area would be disturbing to them.
City Manager Townsend informed°Mr. Kempe that if he is in opposition to
the change of zoning, such opposition needs to be submitted in writing and suggested
that he sign his notice of the public hearing indicating his opposition.
Speaking on behalf of the applicant was Mr. James Klager,'Attorney, Wilson
Building, who addressed his remarks to the concern expressed by Mr. Kempe.
He stated that there is an existing fence along the property line, as well as
planted shrubbery; the applicant plans to add the fence on the other side; the
structure to be built adjacent to the motel will be exactly like the existing
structure that is there; and the same activities will be continued in the new
facility. Mr. Klager emphasized that -welding activities will occur inside the
new building. He also stated that it was hisunderstanding that this type of
development will be encouraged by the staff for this area and pointed out that
a similar type of operation is located on adjacent property.
City Manager Townsend pointed out that the adjacent property referred to
is zoned "B-4", and industrial use should not be occurring there.
*Council Member Juarez departed the meeting at 5:01 p.m.
City Manager Townsend inquired as to the uses planned that would require
"I-2" zoning rather than "B-4."
Miss Sandra J. Robinson, Secretary -Treasurer of the Drill Collar Inspec-
tion Company, Inc., stated that the company plans to set up a pipe rack for
storage of pipe and possibly a fabrication facility.•
Mr. Klager explained that the building will be insulated and again
pointed out that "I-2" is good zoning for this area.
City Manager Townsend stated that "1-2" zoning adjacent to "R -1B" zoning
is not ideal.
Council Member Gill inquired if it is possible to zone a part of a lot
"B-4" and the other portion "I-2."
Mr. Klager contended that loading pipe would not be a noisy operation.
Minutes
Regular Council Meeting
June 28, 1978
Page 17
City Manager Townsend pointed out that the existing use on the adjacent
property which is zoned "B-4" is illegal since it is apparently being used for "I-2"
and stated that this will be investigated by the staff.
Council Member Gill expressed concern about the operation of the motel and
asked if anything could be done to prevent excessive noise in the area of the motel.
Mrs. Robinson stated that her company does not plan any use other than the
storing of pipe on racks.
Mr. Peeples commented on this application and stated that the Commission
examined the situation; it became apparent that there is a problem on Main Drive
in that the alley is used for vehicles; and they felt that this problem would be
alleviated by the installation of a screening fence. He pointed out that the use
is already "I-2," and Cameron Iron Works already has a building with "I-2" use on
the property in the area; therefore, the Commission members felt that it would be
advisable to go ahead and approve zoning to reflect the existing uses. He stated
that if the operation proves to be too noisy, there are some ways to alleviate this.
Council Member Sample asked for Mr. Peeples' opinion of the amount of noise
generated in a pipe storage yard.
Mr. Peeples stated that the off-loading could be extremely noisy but that
the type of outside storage being used now is not excessively noisy.
No one else spoke in regard to this application.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Diaz that Application No. 578-14 be approved and the zoning be
changed from "F -R" to "I-2" and the standard screening fence requirement be waived
along the south and east property lines, as recommended by the Planning Commission;
seconded by Sample; and passed unanimously.
* * * * * * * *
**Council Member Gill departed the meeting at 5:50 p.m.
Mayor Lozano called for the ordinances. City Manager Townsend briefly
explained the ordinances.
There were no comments from the Council or members of the audience on the
ordinances. City Secretary Read polled the Council for their votes, and the fol-
lowing ordinances were approved:
Minutes
Regular Council Meeting
June 28, 1978
Page 18
FIRST READING:
ADOPTING SUPPLEMENT NO. 2 TO THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI,
TEXAS; ADOPTING AND READOPTING ORDINANCE NOS. 13121 AND 13655; INSTRUCTING THE CITY
SECRETARY TO PROPERLY FILE THIS SUPPLEMENT; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill
and Juarez, absent.
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-253, SCHEDULE IV --STOPPING, STANDING OR PARKING PROHIBITED
DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO AN ITEM SO AS TO PROBHIBIT
STOPPING, STANDING OR PARKING ON BUFFALO STREET, THE SOUTH SIDE, BETWEEN CARRIZO
STREET AND TANCAHUA STREET BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M.; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill
and Juarez, absent.
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING
TO CHAPTER 36 A NEW ARTICLE, ARTICLE III, BAYFRONT PLAZA AUDITORIUM, PROVIDING FOR
RENTAL CHARGES AND REGULATIONS; AND AUTHORIZING THE CONVENTION CENTER MANAGER TO
EXECUTE LEASE AGREEMENTS FOR THE RENTAL OF THE BAYFRONT PLAZA AUDITORIUM AND
ASSOCIATED FACILITIES.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill
and Juarez, absent.
ORDINANCE NO. 14362:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 1 AND 2 IN CONNECTION WITH THE DUNN LANE TO NAVIGATION BOULEVARD EXTENSION
PROJECT NO. 220-72-53; APPROPRIATING OUT OF THE 220 STREET BOND FUND $20,000 OF
WHICH $17,950 IS FOR ACQUISITION AND $2,050 IS FOR CONTINGENCIES, APPRAISAL COSTS
AND INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and
Juarez, absent.
ORDINANCE NO. 14363:
AUTHORIZING THE CITY MANAGER TO EXECUTE TWO REVOCABLE EASEMENTS WITH CHAMPLIN
PETROLEUM COMPANY FOR A FEE OF $11,334.28 FOR THE CONSTRUCTION AND INSTALLATION OF
UP TO NINE PIPELINES FROM THE PLANT NEAR McKENZIE ROAD AND OTHER PORT AREAS, AND
A FEE OF $7,280 FOR CONSTRUCTION AND INSTALLATION OF UP TO 11 PIPELINES IN ACADEMY
HEIGHTS UNIT #2, ALL AS MORE FULLY DESCRIBED IN THE REVOCABLE EASEMENTS, A SUBSTANTIAL
COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND
"B"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and
Juarez, absent.
Minutes
Regular Council Meeting
June 28, 1978
Page 19
ORDINANCE NO. 14364:
FINDING THAT THE OLD TOWN JAMBOREE ON JULY 4, 1978 IS IN THE INTEREST OF THE PUBLIC
WELFARE; CLOSING THE 1500 THROUGH 1700 BLOCKS OF N. CHAPARRAL, THE 300 AND 400
BLOCKS OF HUGHES ST., AND THE 300 BLOCK AND THE EAST 150 FEET OF THE 400 BLOCK OF
RESACA STREET TO VEHICULAR TRAFFIC FROM 8:00 A.M., MONDAY, JULY 3, 1978, TO 10:00 A.M.,
WEDNESDAY, JULY 5, 1978, FOR SAID JAMBOREE SPONSORED BY THE CORPUS CHRISTI AREA CAMP
FIRE GIRLS, INC.; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING
FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE
ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR
FOR CERTAIN CHANGES, REQUIRED PERMITS FOR FOOD, COMPLIANCE WITH CITY CODES AND
PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE
AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE
ATTACHED APPLICATION/PERMIT; PROVIDING AN EFFECTIVE DATE 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, Holt and Sample voting "Aye"; Gill and Juarez,
absent.
ORDINANCE NO. 14365:
AMENDING ORDINANCE NO. 13876, ADOPTING THE 1977-78 BUDGET, AS AMENDED, BY REDUCING
THE GAS FUND APPROPRIATION, ACTIVITY 5252 FROM $597,146 TO $519,606; BY INCREASING
THE WASTEWATER FUND APPROPRIATION, ACTIVITY 5253, FROM $215,956 TO $259,779
AND AUTHORIZING A TRANSFER FROM WASTEWATER RESERVE, ACTIVITY 5399 TO ACTIVITY 5352
OF $43,823; INCREASING THE APPROPRIATION FOR SANITATION OFFICE, ACTIVITY 3551,
CODE 432, FROM $104,657 TO $118,102 AND AUTHORIZING A TRANSFER FROM THE GENERAL
FUND RESERVE TO ACTIVITY 3551, CODE 434, OF $13,445; INCREASING REIMBURSEMENTS TO
CUSTOMER SERVICE, ACTIVITY 5153 BY $18,089, INCREASING REIMBURSEMENTS TO METER
READING, ACTIVITY 5154 BY $13,576 AND REDUCING REIMBURSEMENTS TO CREDIT AND
COLLECTIONS, ACTIVITY 5156 BY $43,106; AND REDUCING THE WATER FUND RESERVE, ACTIVITY
5199 BY $20,353; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and Juarez,
absent.
ORDINANCE NO. 14366:
FINDING THAT THE FESTIVITIES CELEBRATING FOURTH OF JULY BY THE COASTAL BEND CHAPTER
OF AMERICAN DIABETES ASSOCIATION, THE CORPUS CHRISTI LIONS CLUBS AND THE PEOPLES
ALLEY MERCHANTS, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK
OF PEOPLES STREET TO VEHICULAR TRAFFIC FROM 12:00 NOON SATURDAY, JULY 1, 1978 THROUGH
12:00 MIDNIGHT TUESDAY, JULY 4, 1978 FOR SAID FESTIVITIES SPONSORED BY THE COASTAL
BEND CHAPTER OF AMERICAN DIABETES ASSOCIATION, THE CORPUS CHRISTI LIONS CLUB, AND
THE PEOPLES ALLEY MERCHANTS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLES
ENTRANCE, LIABILITY INSURANCE, RESTROOMS, OBTAINING AN ALCOHOLIC AND FOOD PERMIT;
REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE BY VEHICULAR TRAFFIC; COMPLIANCE
WITH CITY CODES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/
PERMIT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano,,Gulley, Diaz, Holt and Sample voting "Aye"; Gill and Juarez, absent.
Minutes
Regular Council Meeting
June 28, 1978
Page 20
ORDINANCE NO. 14367:
ANNEXING THREE PARCELS OR TRACTS OF LAND, MORE FULLY DESCRIBED HEREINAFTER, BUT
GENERALLY DESCRIBED AS FOLLOWS:
(A) SARATOGA BOULEVARD FROM CABANISS FIELD TO GREENWOOD DRIVE,
(B) NUECES BAY BOULEVARD FROM MARTIN LUTHER KING DRIVE (I.H.37) TO A LINE
BETWEEN NUECES AND DEMPSEY STREETS, AND
(C) THE PORTION OF LAGUNA MADRE BETWEEN THE EXISTING CITY LIMITS AND PADRE
ISLAND SOUTH OF THE PADRE ISLAND CAUSEWAY AND THE CITY'S WASTEWATER TREATMENT
PLANT ON PADRE ISLAND,
PURSUANT TO ARTICLE 970a, V.A.C.S, TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I,
SECTION 2(c), PROVIDING FOR THE ANNEXATION TO THE CITY,OF CORPUS CHRISTI OF ROADS,
HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI;
PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and
Juarez, absent.
ORDINANCE NO. 14368:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY
OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H. K. HOWARD BY AMENDING THE
ZONING MAP BY CHANGING THE ZONING ON LOT 21, BLOCK 14, PORT ARANSAS CLIFFS, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING
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 DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and Juarez,
absent.
ORDINANCE NO. 14369:
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 RICHARD S. LANE
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 45, 46 AND 47, BLOCK 14,
FLOUR BLUFF PARK, 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, Holt and Sample voting "Aye"; Gill and
Juarez, absent.
ORDINANCE NO. 14370:
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 K -SIX TELEVISION,
INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK A, BLUFF
ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "A-2"
APARTMENT HOUSE DISTRICT TO "I-2" LIGHT INDUSTRIAL 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
lowing vote: Lozano, Gulley, Diaz, Holt and Sample voting "Aye"; Gill and
:ez, absent.
Minutes
Regular Council Meeting
June 28, 1978
Page 21
ORDINANCE NO. 14371:
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 DRILL COLLAR
INSPECTION COMPANY, INC., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING OF
LOTS 3 AND 4, BLOCK 1, HUDSON ACRES ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT AND "F -R" FARM RURAL
DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT, WITH A WAIVER OF THE STANDARD SCREENING
FENCE ALONG THE SOUTH AND EAST BOUNDARY LINES OF THE TRACT; 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, Holt and Sample voting "Aye"; Gill and Juarez, absent.
* * * * * * * *
Mayor Lozano called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Earl S. Robinson, 317 Hialeah, addressed the Council and complained about
the excessive revaluation of his property and the resultant tax increase, stating
that he did not believe that revaluation was justified since the house has not had
any improvements. Mr. Robinson also pointed out that Flour Bluff is not receiving
the same City services that other parts of the City do, stating that the streets in
Flour Bluff are not property maintained; bond funds were approved for a park and
other improvements.in 1972, but a small park was just recently completed. He stated
that he did not feel that it is fair to raise taxes on property in Flour Bluff when
their services are not being improved.
4
City Manager Townsend pointed out to Mr. Robinson that the County and the
school district have revaluated the property in Flour Bluff, as well as the City,
and these entities are completely separate from the City. He further stated that
the school district has employed an appraiser to make their appraisals, and they
are not necessarily the same as those of the City.
Mayor Pro Tem Gulley explained that the law states that the tax assessor
is obligated to place the market value on property, and the only way the Council
can change the tax is to control the rate and the amount of tax assessed. He
reminded Mr. Robinson that the tax rate was decreased 10p last year after the
valuations were increased.
City Manager Townsend informed Mr. Robinson that the tax rate is only
about 40Z of the rate allowed. He also stated that the small park referred to
Minutes
Regular Council Meeting
June 28, 1978
Page 22
contains a swimming pool and tennis courts, and the facility is approximately twice
the amount that was provided by the bonds; there is a utilities pay station and a
branch library located in the facility; the Flour Bluff area has sewers, drainage;
the streets have been rebuilt at least once; and the entire process of service is
being provided as in other parts of the City. He summarized by stating that much
more has been spent in Flour Bluff than is recovered in taxes. City Manager
Townsend asked Mr. Robinson to report to the staff the names of streets that are
in need of repair.
Mr. Robinson stated that O'Neil Street and Laguna Madre Road are in poor
condition, and City Manager Townsend assured him that these streets will be checked.
Council Member Diaz assured Mr. Robinson that the Council is concerned about
the tax problem and they are currently seeking an answer to provide tax relief for
the citizens.
The next citizen speaking in regard to taxes was Mr. Bob Sullivan, 6634
Pharaoh, who suggested that less money be spent by the City. Mr. Sullivan stated -
that the City is very good at planning for natural disasters such as hurricanes,
but they have no plan for economic collapse. He referred to the fact that President
Jimmy Carter has requested that salary increases be kept at a minimum and urged
that expenses be decreased. Mr. Sullivan referred to the practice of City employees
driving City vehicles to their homes at night and suggested that.this practice be
eliminated except for emergency vehicles that may be needed after working hours.
He also suggested that a savings could be realized if garbage pickup is contracted
to a private company rather than operated by the City; suggested that smaller buses
be used in most areas of the City where there are very few riders; and expressed
the opinion that Federal funds should not be used when in-kind funds are required
by the City since the Federal funds are usually for a short period of time, after
which the City must provide for the services obtained in this manner. Mr. Sullivan
suggested that the Fire and Police budgets need not be decreased and suggested that
rather than approve salary increases for all employees, merit raises should be con-
sidered for employees who deserve them. He also expressed the opinion that property
taxes are discriminatory and that increased sales taxes would be a more equitable,
Minutes
Regular Council Meeting
June 28, 1978
Page 23
method of taxation. He summarized by stating that the City could do without a
lot of services without cutting the Fire and Police Departments.
Mr. Philip Rosenstein, 949 Bobalo, stated that he would also like to speak
on the matter of taxes. He indicated that he agreed with Mayor Pro Tem Gulley
and Council Member Sample who had suggested last week that a ceiling be placed
on spending. Mr. Rosenstein referred to the remarks made last week requesting
citizens to provide input to the Council as to which services they wanted elimi-
nated or decreased in order to provide tax relief, stating that most citizens were
not aware of just how their tax money is being spent. Mr. Rosenstein mentioned
that many of his neighbors have indicated that they are going to be forced to sell
their homes since they can no longer pay the high taxes. As examples of items
that could be eliminated from the budget, Mr. Rosenstein suggested that the belly
dancing taught at Lindale Recreation Center is not really necessary and also sug-
gested that the agenda be printed on both sides of the paper rather than on one
side only. He suggested that the City Manager provide recommendations on items
that could be eliminated from the budget.
City Manager Townsend informed Mr. Rosenstein that the expenses of dance
classes are paid by fees; the instructors are paid through the fees charged; and
the only thing that the City provides is space for the classes.
Speaking on another matter was Mr. James Fichtel, 1935 Yorktown Boulevard,
who referred to the problem that he had brought to the Council last week in regard
to the trees that were cut by Park Department personnel who had also invaded his
property to cut limbs from a tree in his yard. He stated that it was his under-
standing that an explanation would be provided him, but that he had received no
response from the staff.
City Manager Townsend explained that he had not responded to these ques-
tions because he had not received a full report on the matter, but as soon as he
has a complete report of the incident, he will contact Mr. Fichtel, probably by
Monday or Tuesday of next week.
Council Member Sample apologized to Mr, Fichtel for the delay, but stated
that he believes that the City Manager is trying to obtain the information for him.
Minutes
Regular Council Meeting
June 28, 1978
Page 24
Ms. Betty Black, 10733 Westview, informed the Council that the residents
of the northwest portion of the City had conducted a public meeting and agreed to
form a civic group to be entitled the Northwest Community League or Civic League.
Mrs. Black stated that representatives of this group would like to be placed on
the agenda for the meeting of July 19 at which time they would like to request
the City to provide funds to convert the old Hilltop Hospital to provide a facility
for meetings.
Mayor Lozano informed Ms. Black that the public hearing on the budget would
be conducted on that date, at which time representatives of her group would be
welcome to attend.
City Manager Townsend presented the Council with a memorandum in regard to
the award of bid for the Choke Canyon Dam project. He fully explained the problems
connected with the bid award and stated that the low bidder, Jasper Construction
Company, had requested that they be allowed to withdraw their bid, since there
were obvious errors in the bid they submitted. He further explained the matter
and summarized by recommending that the City agree that the bid should be awarded
to the second low bidder, if Council approved., Mr. Townsend pointed out that this
seemed to be a feasible alternative to a lawsuit involving the low bidder, since
any further delay would increase the cost of construction.
The Council indicated their agreement to this recommendation.
City Manager Townsend then provided the Council with copies of a report on
Airport personnel which had been requested.
There being no further business to come before the Council, on motion by
Gulley, seconded by Holt, and passed unanimously, the Regular Council Meeting was
adjourned at 6:12 p.m. June 28, 1978.