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HomeMy WebLinkAboutMinutes City Council - 07/19/1978 (4)PRESENT: *Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. *Edward L. Sample 4 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 19, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock *City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. Motion by Gulley that due to the large number of people in attendance, the Regular Council Meeting convene at Exposition Hall; seconded by Sample; and passed unanimously. * * * * * * * * Mayor Lozano reconvened the meeting in Exposition Hall at 2:17 p.m. The Reverend Gene Stewart of the Reach Out for Christ Mission gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano announced the issuance of a proclamation designating July 16-22, 1978 as "CAPTIVE NATIONS WEEK." Motion by Sample that the minutes of the Regular Council Meetings of June 21, June 28, and July 5, 1978 be approved as presented; seconded by Diaz; and passed unanimously. Mayor Lozano called for Board and Committee Appointments. Council Member Ruth Gill nominated Mrs. Jan Jack as her alternate on the Coastal Bend Council of Governments, and Council Member David Diaz nominatdd Mr. Tom Utter as his alternate for the same board. Motion by Gill that the foregoing nominations be approved, seconded by Sample, and passed unanimously. * * * * * * * * MICROFILMED SEP 0319 Minutes Regular Council Meeting July 19, 1978 Page 2 Mayor Lozano announced the public hearing on the proposed budget for the 1978-79 fiscal year. City Manager R. Marvin Townsend stated that this public hearing is a requirement of the State Statutes and the City Charter. He explained that the fiscal year begins August 1, 1978, and after the public hearing on the budget is opened, it must be continued until the final budget has been adopted, He also stated that if the budget is not adopted prior to August 1, 1978, the Charter provides that "the budget for the preceding fiscal year shall be deemed the budget for that fiscal year." Mr. Townsend explained the process of the preparation of the budget and stated that the total proposed budget submitted to the Council on July 12 was $81,297,449, which is approximately 9.71% increase over the previous year's budget; the amount of the increase is approximately $7,453,000; and this amount includes approximately $2,400,000 for a 7.03% salary increase for employees. He stated that the original budget was prepared under the assumption that the tax rate would be $1.44 per $100 valuation based on 60% of the property valuation. Mr. Townsend reminded the Council that three weeks ago, on July 5, the Council had passed a resolution which limited the budget increase to 10.3%; reduced the assessments to 50%; and increased the homestead exemption for citi- zens over the age of 65 to $8,200. He stated that the staff felt that the Council had also instructed the staff to continue the 1977 capital improvement program on its 3 -year schedule; use interest during construction to get the Convention Center started; maintain essential services; and provide the cost -of -living salary increase. City Manager Townsend continued his presentation by stating that this budget limitation and the reduction of tax income to the general fund of from 3.4 to 3.5 million dollars would result in reductions from the recommended budget and also an increase in fees for a number of services, including additional garbage rate increases, to provide additional income. Minutes Regular Council Meeting July 19, 1978 Page 3 City Manager Townsend referred to the list of deletions and reductions of existing and expanded programs presented to the Council during the Workshop Meeting for consideration if they do, in fact, desire to decrease the budget by 3.5 million dollars. He emphasized the fact that these reductions are not recommended by the staff, but that in order to effectuate the decrease in the budget, it is necessary to reduce the items in the budget of General Services. He summarized the sug- gested decreases by pointing out that the budget reductions include the deletion, of 145 full-time positions and 60 part-time positions. City Manager Townsend also explained the impact that this reduction will have on the CETA personnel, stating that the deletion of permanent personnel will necessitate the elimination of approximately 321 existing CETA positions funded under Title II and Title VI , since the Federal guidelines for the CETA programs specify that the local governmental entity receiving funds for the program must maintain its present level of services and personnel. Mayor Lozano commented that amendments to the resolution passed by the Council several weeks ago had been suggested by Council Members Gill and Diaz. Mayor Lozano then invited those who desired to speak in regard to the proposed budget for the 1978-79 fiscal year to voice their opinions at this time. The following citizens addressed the Council in regard to this matter: Mrs. Billie T. Chandler, 125 Chandler Lane - Expressed opposition to the proposed deletion from the budget of funds designated for the Japanese Art Museum. Mrs. Carol Barter, 3233 Bimini, representing the Flour Bluff Civic League - Opposed to termination of the City contract with Nueces County Rural Fire Preven- tion District #2 which provides funds for the Volunteer Flour Bluff Fire Station. Mrs. Martha Walraven, 634 Scott Drive, Secretary of the Corpus Christi Rental Property Association - Suggested a reduction in City administration of 10%; reduction of the use of City vehicles of 10%; a freeze on employing addi- tional personnel; salaries of City employees earning $18,000 or more be frozen for one year; members of her organization would prefer that tax valuations be computed on 100% of market value for better understanding; volunteers be recruited to help maintain the parks in their neighborhoods; and that rather than eliminating bus Minutes Regular Council Meeting July 19, 1978 Page 4 routes, that smaller buses or vans be utilized. She also stated that if property valuations are frozen and taxes are increased, the owners of property could not pass along to their tenants any savings. City Manager Townsend explained that the process of revaluation requires that every piece of property be revaluated each year since the District Judge ruled that the City must revaluate the entire City each year. He also assured Mrs. Walraven that the City always welcomes volunteer assistance, and•the staff will be glad to work with any groups that volunteer to help with the maintenance of parks. Mr. E. M. Hampton, 510 Monette - Suggested that functions of the City should be self-supporting and allow citizens who avail themselves of certain services pay for them, including bus routes; also suggested that a number of City vehicles be eliminated from the budget. Mrs. Tommie Ballengee, 2830 Austin - Suggested that the City Manager delete some of his assistants; funds for travel be decreased; Council Members decrease their travel and that of their wives; objected to the deletion of funds for school crossing guards; opposed to elimination of funding for Flour Bluff Volunteer Fire Station and of the bus routes. Ms. Shirley Jurando Trent, 912 Shepherd Street - Opposed to elimination of Retired Senior Volunteer Program; the school crossing guards; and suggested that the construction of the Convention Center be delayed until inflation levels off. Mayor Lozano explained that the citizens have approved a bond issue for the Convention Center, and these funds cannot be used as a part of the budget. Mrs. -Dorothy Spann, 502 Del Mar - Opposed to elimination of funds for the symphony, parks, swimming pools and other recreational activities, since industry is attracted to cities that provide such functions. Also objected to termination of school crossing guards and the Retired Senior Volunteer Program; stated that she did not feel that the increase of homestead exemption for senior citizens would have much impact on their income. Ms. Marilyn Arehart, 4513 Bdnner - Opposed to elimination of school cross- ing guards; closing of Greenwood and Collier Swimming Pools in spring and winter; Minutes Regular Council Meeting July 19, 1978 Page 5 and inquired as to how much in taxes a property owner of a residence valued at $50,000 would actually save. Council Member Diaz replied that the savings realized would be approximately $5 or $6 per month. Mr. Jim Catron, 521 Grant - Approved the budget decreases in Community Enrichment Department including the Library, Park and Recreation and the Museum; expressed the opinion that essential services should be maintained; agreed that citizens using the Marina should pay for this service; objected to the increase in garbage rates; suggested that the City's hiring practice be examined; and that when a member of the staff resigns or retires, he not be replaced unless absolutely necessary. Mr. Galen Westwick, 336 Merrill - Objected to the hasty tax decrease, stat- ing that events that happened in California had no bearing on the City of Corpus Christi; expressed the opinion that the original City budget should be adhered to, since this City is better governed than any city in Texas. Ms. Kitty Ellis, 1109 Clarion - Indicated that she did not want her taxes decreased if this necessitates a decrease in services and objected to the closing of Greenwood and Collier Pools in spring and winter. Mrs. Louise Johnson, 705 Pennington - Objected to the elimination of the school crossing guards. Mrs. Cecil Newbury, 606 Chase Drive - Objected to increase in water rates and contended that an excessive number of employees are hired to read meters; also objected to the manner in which connection of utilities are handled. Mayor Lozano suggested to Mrs. Newbury that she discuss this with the Water Division. Mr. J. S. Medlin, 311 Breezeway - Referred to a petition presented to the Council several months ago requesting replacement of the irrigation system at the Oso Golf Course and contended that the $30,000 budgeted for this is inadequate. City Manager Townsend stated that this budget item is for the first portion of a five-year improvement program for the golf course. Mrs. Pat Rodger, 5417 Ocean Drive, Representative of Family Debt Counselors - Urged assistance for that organization through City funding. Minutes Regular Council Meeting July 19, 1978 Page 6 Mrs. Muriel Soward, 345 Denver - Objected to the closing of Greenwood and Collier Swimming Pools in spring and winter. Miss Terry Ellis, 1109 Clarion - Opposed to closing of Greenwood and Collier Pools because this might prevent her from participating in swim meets and subse- quently receiving an athletic scholarship for college. Ms. Jo Anne McNeill, 845 Egyptian - objected to termination of funding for school crossing guards and closing of swimming pools in the winter. Mr. Gene Watson, 322 Stages Drive, swimming coach for Corpus Christi Inde- pendent School District - Expressed opposition to closing of Greenwood Pool in winter, contending that only expense involved is for heating the pool; and urged the total utilization of the pools be continued since Corpus Christi is primarily a recreation City. Mr. Tray Callins, 2617 Terrace, diving coach for Corpus Christi Independent School District - Urged that Greenwood Pool remain open throughout the year for participation by students in the A.A.U. program. Mr. G. T. Castillo, 4429 Mt. Vernon - Suggested that City employees be evaluated and salary increases be considered for those who deserve them rather than approval of a cost -of -living increase for all employees; opposed to additional administrative positions for the Airport. Miss Kathleen McNeil, 845 Egyptian - Urged that,Collier and Greenwood Swimming Pools remain open all year to allow students participating in competitive swimming to practice. Ms. Claudia White, 6630 Clarion - Opposed to closing of Collier and Green- wood Pools during spring and winter. Mr. Ted Nart, 529 Bellview Drive - Inquired as to how the City determined the market value of a residence and also asked why similar property is valued dif- ferently in the same neighborhood. City Manager Townsend explained that the market value of property is based on the sales of similar property in the same area; each house is valued according to the number of square feet it contains and its condition; City staff members must investigate all of the sales in a particular neighborhood and determine why there is a difference in the selling price of particular houses. He suggested to Mr. Nart Minutes Regular Council Meeting July 19, 1978 Page 7 that if he has a question about the valuation of his property that he appear before the Board of Equalization so that they may determine what his correct valuation should be. Mr. Nart contended that the Board of Equalization is ineffective since they do not equalize the market value of property. Mayor Pro Tem Gulley informed Mr. Nart that the Board of Equalization is not under the jurisdiction of the City Council and reminded him that a public hear- ing on the budget is being conducted at this time. Mr. Richard Rowland, 629 Princess Drive, representing the Northwest Civic League of Corpus Christi - Urged that funds be provided in the budget for 1978-79 for renovation of the old Nueces Hilltop Hospital to be used as a civic center; opposed to elimination of Retired Senior Volunteer Program. Mr. Rowland and other members of the Northwest Civic League presented a number of letters from residents of that area urging the renovation of the Hilltop Hospital Building for use for meeting rooms, a senior citizen center, a kitchen to prepare meals for senior citi- zens, and a health clinic to serve that area. Mr. Rowland also suggested that the grounds behind the building could be utilized as a public park. Also presented to the City Secretary were the results of a survey taken in the northwest area which expressed the wholehearted approval of the residents for renovation of the building as suggested. Mr. Bill Brunson, 4210 Western - Displayed a map showing growth in the northwest area and emphasized the need for a community center. Mr. Vicente Carranza, P. 0. Box 5116 - Opposed to decreases in the budgets of the Police Department, Fire Department and the elimination of school crossing guards. Mr. Dick Beard, 429 Poenisch, Executive Director of the Corpus Christi U.S.O. - Urged that funding of 11% of the U.S.O. budget be provided by the City. Ensigns David Saucek and Buzz Meredith also urged consideration of funding for the U.S.O. Reverend Arnott Ward, 10500 Stonewall - Commended the Council for decreas- ing taxes and increasing homestead exemptions for elderly citizens; expressed Minutes Regular Council Meeting July 19, 1978 Page 8 approval of elimination of non-essential services such as funding of the symphony and elimination of some bus routes; suggested that local citizens help maintain the parks in their neighborhoods; referred to elimination of school crossing guards and suggested that a plan such as the installation of signs similar to the formerly used "Safety Sally's" be used to warn motorists of children crossing streets; sug- gested that the volunteer fire departments be funded; that property owners be heavily fined if they do not eliminate excessive brush from their property; opposed to decrease in Police Department budget; agreed with the suggested increase in fees for various services; asked the Council to prohibit the employment of additional personnel, suggesting that a re-evaluation of existing positions and reassignment of duties be considered; expressed support of the City Manager, indicating that he felt that he is one of the best City Managers in the State; and stated that this Council will be remembered during the next election as the first Council to effec- tively reduce taxes. Ms. Patty Mueller, 206 Indiana - Opposed to decrease in funds for the library; pointed out that La Retama Library is designated as a major resource center, and if this designation is withdrawn because of the budget decrease, the City might lose State funds. Mrs. Mercedes Eugenio, 6008 Ocean Drive - Urged the Council to rescind the tax cut which was included in the resolution passdd on July 5; expressed the opin- ion that vital services should be continued instead of eliminated, particularly funding of the arts, the library and the symphony. Ms. Virginia Wade, 5922 O'Brian Drive - Opposed to elimination of school crossing guards. Mr. Benny Benavides, 2421 Cleo - Suggested limited use of City vehicles and that motor scooters be used whenever possible to provide transportation for City employees; suggested that plexiglass not be purchased for tops of desks; recom- mended that small vans be used on lightly traveled bus routes; and suggested that administrative positions of the City be eliminated and a redistribution of duties be considered. Mr. Arthur A. Madrid, national representative of AFSCME of the AFL-CIO - Noted that citizens are glad to pay taxes, according to those who have spoken today; Minutes Regular Council Meeting July 19, 1978 Page 9 expressed approval of the suggestion that salaries be frozen for employees above Grade 18; and suggested that funds available be used to increase the salaries of employees in the lower grades. Mrs. Eugenio spoke again and expressed the opinion that reduction of leisure activities will increase crime; taxpayers realize that they must pay for needed services; and they would prefer not to have their taxes decreased if this would necessitate reduction in service. Mr. Bill Ault, 427 Parade - Pointed out that a majority of Citizens address- ing the Council do not want their taxes decreased if this will mean a reduction in services; suggested that pressure be placed on State and Federal officials to reduce taxes; expressed the opinion that a good recreation program prevents juvenile delin- quency; he is willing to pay taxes for life enrichment programs; objected to the decrease of advertising funds for the Tourist Bureau; and pointed out that private industry is attracted to cities that have good recreation facilities.' Mr. Ed P. Williams, 420 Dolphin - Opposed to the existence of the vice squad of the Police Department; indicated that he felt that funds could be saved through cooperation between the City and County to eliminate the duplication of facilities such as jails. Mr. Jon Harwood, 538 Sorrell - Spoke on behalf of the handicapped and urged that buses be equipped to enable the handicapped to board them easily; suggested that buildings and sidewalks have ramps installed; and stated that the handicapped are not being adequately served in this City. City Manager Townsend assured Mr. Harwood that two special vehicles for the handicapped will be in service in August. Mr. Arturo Saenz, 3106B Ray Ellison, social worker - Expressed concern about the elimination of some bus routes; citizens on welfare need the buses to look for jobs; and if transportation is not available, the welfare rolls will be increased. Mr. Arley L. Cooper, 409 Poenisch - Mentioned that eliminating funds from Parks and Recreation has been opposed by a large number of citizens addressing the Council; opposed to the elimination of the twelve concerts sponsored by the City, including the Jazz Festival; explained the services provided by the musicians of Minutes Regular Council Meeting July 19, 1978 Page 10 this City; objected to the suggested transfer of funds previously designated for the Municipal Band Concerts in the amount of $6,500 to the Tourist and Convention Fund; and stated that he did not feel that taxes should be reduced if services must be discontinued. Mrs. Beverly Ray, 841 Crestview Drive - Opposed to the elimination of the Retired Senior Volunteer Program. City Manager Townsend explained that the only recommendation in connection with this program is for the elimination of $13,000 for one RSVP Coordinator, one Senior Clerk -Typist, and one part-time Bus Operator. Dr. McIver Furman, 117 Lake Shore - Commended the Council on their efforts to reduce taxes, but expressed opposition to the recommended reduction of funds for the Art Museum. • Mrs. Mary Helen Dunnam, 200 Chenoweth Drive, Board Member of Friends of the Library - Opposed to decrease of funds for the library. Mr. Leonard P. Martin, 318 Cape Cod - Speaking on behalf of 68,900 taxpayers, expressed appreciation for the amount of time and effort expended by the staff to reduce the budget and the many hours spent by the Council in familiarizing themselves with the budget and their efforts to decrease the tax rate; stated that he is in favor of the tax reduction and the proposed limit on, the increase in the budget. Mrs. Marie Wood, 234 Rossiter - Objected to th'e manner in which the budget reductions have been designated, suggesting that this should have been accomplished in cooperation with all of the Council Advisory Boards and Commissions; expressed the opinion that the Municipal Arts Commission has not been challenged enough; and suggested that instead of including City Manager's Reports as a part of the weekly agenda, that recommendations of the City's Boards and Commissions be included. Mrs. Wood summarized by stating that she does not want to see the budget decreased, nor does she want to have her taxes increased. Mr. Philip Rosenstein, 949 Bobalo - Expressed sympathy with the Council in their efforts to decrease taxes and at the same time retain all services and satisfy all citizens; opposed to decreasing funds for police, fire or education; suggested the parking lot at the Airport should be self-supporting and that air-conditioning costs for City Hall could be reduced if smoking is prohibited; suggested that the Minutes Regular Council Meeting July 19, 1978 Page 11 agenda be printed on both sides of the paper; and admitted that these are all small items, but small savings add up to large savings. Mr. Edward R. Caldwell, 3520 Denver - Expressed appreciation for the reduc- tion in property taxes. Mrs. Elizabeth M. Price, 4309 Loma Alta Road, representing the Corpus Christi Northwest Chapter of Retired Persons, Inc. - Endorsed Mr. Rowland's request for funds for renovation of Hilltop Hospital to provide for a community building to accommodate senior citizens and others in that area; opposed to elimination of funding for Annaville Volunteer Fire Department, especially in view of the large growth in that area. Mr. Jesse Smith, 122 Riverdale Drive, member of the Nueces County Rural Fire Prevention District No. 2 - Opposed to elimination of,funding for Flour Bluff Station. Mr. Merton B. Johnson, 5909 Edgewater - Pointed out that most people today have stated that they do not want their taxes cut; the savings generated for each property owner would be minimal; expressed opposition to the elimination of fund- ing for the symphony; and urged that in order to obtain the best investment for tax funds, that the staff economize wherever possible but omit these drastic measures ' suggested. Mr. Caldwell addressed the Council again and expressed the opinion that no one will know just how much ad valorem taxes will be assessed property owners until all governmental entities have assessed property but estimated that the monthly ad valorem taxes on a $50,000 home will be approximately $ 100 per month. Mr. Charles Herschbach, 350 Wildwood, Assistant Fire Chief of the Annaville Volunteer Fire Department - Urged continued funding for this Fire Department; men- tioned the outstanding work accomplished by this organization; and pointed out that the City's Fire Station No. 6 is already out of operation, yet it is listed as a budget cut. Mrs. Judy Taylor, 4113 Western Drive - Expressed opposition to the reduc- tion of services for the northwest area of the City, alleging that more decreases have been suggested for the outlying areas than for the central portion of the Minutes Regular Council Meeting July 19, 1978 Page 12 City; particularly objects to the elimination of the Retired Senior Volunteer Pro- gram and the funding for the Flour Bluff Volunteer.Fire Department; and urged the Council to consider the end result of their proposed tax decrease before final action is taken. Mr. Robert Dupuy, 145 Atlantic - Expressed appreciation to .the Council and the staff for their efforts in decreasing the taxes and limiting the budget increase; questioned the process of devising the budget decreases and stated that an analytical approach would have provided a more reasonable budget limit; expressed the opinion that the budget decreases recommended are not the most logical ones; stated that he is concerned about the tax rate but is also concerned about the quality of life in the community; suggested that a study similar to the "Sunset Legislation" be con- sidered and that the Council require each department head to appear before the Council to justify the expenses incurred for their departments; and recommended against authorization of the drastic budget cuts suggested, but instead, suggested evaluation of the City services of each department. Mr. George Loe, 11218 Leopard - Mentioned that the budget does not contain an appropriation for a study of efficiency in government; urged that funding be considered for the civic center for the northwest area and continued funding for the volunteer fire departments. Mayor Lozano expressed appreciation to all of the citizens who had appeared before the Council. Motion by Gulley that the public hearing on the proposed budget for the 1978-79 fiscal year be closed; seconded by Holt; and passed unanimously at 6:14 p.m. Mayor Lozano announced the public hearing on the grant application to the Urban Mass Transit Administration. City Manager Townsend explained that the grant application is for the pur- chase of three replacement 47 -passenger buses, additional radios and fare boxes, one replacement and one additional sedan, two replacement pickup trucks, a replacement bus wrecker, six replacement vans for the elderly and handicapped, fifteen bus shelters, bus stop signs, a steam cleaner and a spare bus engine with transmission. The estimated project cost is $608,300. The City's share is $42,581 and is available Minutes Regular Council Meeting July 19, 1978 Page 13 from the 1977 bond election. The last transit capital grant was submitted in April, 1976. *Mayor Lozano, Council Member Sample and City Secretary Read departed the meeting at 6:20 p.m. to attend a Texas Municipal League meeting in Port Lavaca. City Manager Townsend informed the Council that Mr. James Wiesehuegel, Transit Division, is available to answer any questions. Mayor Pro Tem Gulley ascertained that no one in the audience desired to speak in connection with the UMTA grant application. Mr. Weisehuegel reviewed the list of items proposed to be purchased with funds from the Transit Capital Grant and stated that the project total is $608,300. Council Member Gill inquired if the buses are designed to provide equip- ment to aid handicapped persons to board the buses, and Mr. Wiesehuegel replied that the buses that are designated to be purchased are the only type available in this size. He also stated that any buses delivered after September, 1979 will have to have rails to aid the handicapped, according to the Federal guidelines. No one else spoke in regard to this matter. Motion by Holt that the hearing be closed, seconded by Diaz, and passed unanimously. Mayor Pro Tem Gulley announced the public hearing on the following matter: Contractual annexation of Castle River Unit II, Club Estates South and Club Estates Unit III Subdivisions. Castle River Unit II is located adjacent to Unit I north of McKinzie Road. The Club Estates Subdivisions are located east of , Everhart and south of Snowgoose Road. City Manager Townsend explained that the developers of these subdivisions have agreed to the contractual annexation; they have been provided with City servi- ces; the subdivisions are within the City's extraterritorial jurisdiction and are contiguous to and adjacent to the City limits; but a public hearing is required by State law prior to annexation. Mayor Pro Tem Gulley determined that no one in the audience desired to speak on this matter. Minutes Regular Council Meeting July 19, 1978 Page 14 Motion by Diaz that the hearing be closed, seconded by Juarez, and passed unanimously. City Manager Townsend explained that the ordinances effectuating the annexation will be on the agenda on August 2, 1978. Mayor Pro Tem Gulley called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: (1) A public hearing be set at 3:30 p.m. during the Regular Council Meeting on August 9, 1978 on the following zoning applications: (a) City of Corpus Christi, Texas: "I-2" to "I-3", located on the east side of Flato Road, approximately 1000' south of Agnes Street (S.H. #44). (b) Barwick Foundations, Inc.: "R -1B" to "I-2", located on the east side of Greenwood Drive, approximately 309' north of Saratoga Boulevard. (c) Mr. Cliff Zarsky - Texan Homes, Inc.: "R -1B" to "R-2", located on the south side of Yorktown Boulevard, approximately 355' east of Sweet Bay Drive. (2) A public hearing be held at 3:30 p.m. during the Regular Council Meeting on August 16, 1978 on the following zoning applications: (a) Mr. Bill D. St. Clair: Tract A, "F -R" to "I-2"; Tract B, "R -1B" & "F -R" to "B-4", located on the west side of North Padre Island Drive, approximately 520' north of Bear Lane. (b) Mr. Emil Habeeb: "R -1B" to "B-4", located on the west side of Clare Drive, approximately 230' south of South Padre Island Drive. (c) Padre Space Corporation: "R -1B" to "B-4", located on the west side of Clare Drive approximately 297' south of South Padre Island Drive. (3) Bids be received at 11:00 A.M., Tuesday, August 8, 1978 on the installation of solar reflective film on windows at the Health Department building which receive afternoon sun. Temperatures in these rooms become high because the air conditioning cannot handle the window heat. (4) Bids be received at 11:00 A.M., Tuesday, August 8, 1978 for 57 bunker coats and pants for the Fire Department. (5) Bids be received at 11:00 a.m. Tuesday, August 15, 1978 for replace- ment x-ray equipment for the Health Department to be used for examinations for food handler permits. Equipment has been rented since the department's x-ray machine broke approximately a year ago. The company from whom the machine is being rented has recently increased the rental and has informed the Department that it would prefer not to continue renting the machine. This company is the only company in the city from which the equipment can be rented. Minutes Regular Council Meeting July 19, 1978 Page 15 (6) Annual supply contracts be awarded as follows: (a) To PROFESSIONAL SUPPLY AND REPRODUCTION, Corpus Christi for blueprint service on the basis of low bid of $12,708.28. Bids were received from three firms. Price comparison shows a decrease of 1.3%. (b) To WATSON DISTRIBUTING COMPANY, INC., San Antonio, for 110 tons of commercial fertilizer on the basis of low bid of $14,168. A price comparison shows an increase of 15%. Bids were received from two firms. (c) To the following firms for electrical supplies on the basis of low bid: WESTINGHOUSE ELECTRIC SUPPLY COMPANY, Corpus Christi Lot I - Airport Runway & Taxiway (20 Items) $ 3,876.88 Lot II - Electrical Fittings & Supplies (189 items) 8,801.05 Lot IV - Electrical Hardware (16 items) 518.96 Lot V - Miscellaneous Supplies (6 items) 1,245.87 $14,442.76 GRAYBAR ELECTRIC COMPANY, Corpus Christi Lot III - Wire (49 Items) $ 4,494.94 Price comparison shows an increase of 1% on Lots I, II, IV and V. On Lot III there is a decrease of 6%. Bids were received from two firms. (d) To TEXAS INDUSTRIES, INC., Corpus Christi, for 19,500 concrete bricks and building blocks on the basis of only bid received of $6,500. Price comparison shows an increase of 14%. The only bid received of $7,987 by Allied Specialty Company, Corpus Christi, on 56,000 smooth face bricks is not recommended because the brick size did not meet specifications. These bricks will be purchased on the open market through informal quotations as needed. (e) To TEXAS INDUSTRIES, INC., Corpus Christi, for flexible plastic gaskets on the basis of low bid of $4,818.31. Price comparison shows an increase of 1%. Bids were received from two firms. (f) To ARMCO STEEL CORPORATION, Houston, for 1,950 feet of corrugated metal pipe on the basis of low bid of $16,775.70. Price comparison shows a decrease of 4%. Bids were received from four firms. (g) To MCALLEN PIPE & SUPPLY COMPANY, Corpus Christi, for 19 items of drill bits and flanging tools for $2,512.53. Price comparison shows an increase of 13%. Bids were received from three firms. The firm price bid is recommended over the lower fluctuating price bid of $2,386.82 by Trans -Tex Supply, San Antonio, because the fluctuating bid is only 5% lower than the firm bid. (7) City -owned surplus properties be sold as follows: (a) Lots 27 & 28, Block 11, Steele Addition at 2923 Morris Street to Mr. & Mrs. Juan E. Vela for $2,900 with a $1,200 down payment and 36 monthly payments of $51.17 at an interest rate of 514%. The lot is 50' x 120', contains a small two room frame house in need of extensive repairs and is zoned "A-2": Mr. Vela's bid was the best of six bids received. The property was deeded to the City in 1958 in exchange for welfare assistance with the owner retaining a life estate. The property was leased for a few years after the owner's death. Minutes Regular Council Meeting July 19, 1978 Page 16 (b) Lot 42, Ebony Acres No. 1 in the 5700 block of Leopard Street to Mr. Luis Aguilar and Mr. Severo Balboa, Jr. for a cash payment of $9,076 on the basis of the best of five bids received. This vacant lot is 100' x 200' and is zoned "B-4". The City's 30" water main and an air relief valve are along the front of the property in a 10 foot easement. The property was acquired in 1943 for $750. Authority to receive bids for the sale of these two properties was granted on June 14, 1978. (8) $842 be appropriated to pay the Texas Department of Highways and Public Transportation for cost overruns on City -financed items on the Kostoryz Road, Padre Island Drive to Holly, street improvement project. The project was jointly financed by the City, State and Federal governments under the Urban Systems Program. The total cost was $387,767.54; the City's portion was $126,842 and the State and Federal governments' $260,925.54. (9) Exxon Company, U.S.A. be granted permits to drill two wells from a surface location 7500' east of Laguna Shores Rd. and 7500' south of the John F. Kennedy Causeway in State Tract 45. The surface locations are on an island and the wells are to be directionally drilled with bottomhole locations in State Tract 27 and State Tract 50. No exceptions to the Bay Drilling Ordinance are requested. (10) The appointment of Mr. Jim Conn as Petroleum Superintendent be confirmed. Mr. Conn has been employed by the City as a Petroleum Inspector since January, 1974. Prior to 1974, he was employed for over nine years in the oil and gas industry. He has a B.S. degree from Texas A & I University in petroleum engineering and is a registered professional engineer. (11) A resolution be passed opposing the passage by the Texas Legislature of any bill which would limit access to public beaches by prohibiting motor vehicle traffic thereon. A similar resolution was passed in 1977 when the last session of the Texas Legislature was considering such a bill. (12) A contract for Flour Bluff South End Laterals be awarded to Asphalt Paving & Construction Company for $200,643.30. This 1977 bond election project provides an extension of 8 and 10 inch sanitary sewer laterals in Mediterranean Drive, Samoa Drive, Tahiti Drive, and Laguna Shores Road. An appropriation of $215,000.00 is needed for the contract award, engineering, legal advertising, laboratory testing, and related expenses. (13) Recommendation that the contract for construction of the Bayfront Plaza Community Convention Center be awarded to BFW Construction Company of Temple, Texas, incorporating the base bid of $13,253,700 plus Alternate #5 adding $135,442 for a wall system in the banquet and meeting rooms and Alternate #7 deducting $125,000 for deletion of an additional chiller and cooling tower, resulting in a construction contract of $13,264,142. An appropriation of $13,468,200 is required. The addi- tional $204,058 will be needed as follows: $93,128 for additional architectural fees, $95,930 for laboratory testing services, and $15,000 for foundation pilings. A total of $815,187 in anticipated interest earnings and $12,653,013 provided by bonds voted in 1976 is available for the contract award. (14) A settlement of $3,750 be approved in the case of Robert W. Price vs. Guadalupe Acuna, et al. The settlement arises out of a false arrest lawsuit. Minutes Regular Council Meeting July 19, 1978 Page 17 (15) A five-year lease agreement be approved with the Nueces County Community Action Agency for continued use of the Meadow Park Annex Building at 442 Mohawk Street for the Zavala Neighborhood Center. The original lease was executed in 1971. The City recently renovated and improved the building with Community Development funds. The lease provides that the City retains the right to operate a Senior Community Services program in a portion of the building and will maintain the grounds, exterior, including the roof, and the interior of the portion used for Senior Community Services activities. The Community Action Agency will pay 50% of all utility and electrical costs up to a maximum of $125 per month. The utility provisions of the lease can be adjusted yearly to reflect increased utility costs. The Community Action Agency and the Park Board concur. (16) A proposal be submitted to the Department of Human Resources to provide specialized transportation services for Medicaid recipients in Corpus Christi and Nueces County using the City's elderly transporation vans for another year beginning September 1, 1979. The City has provided this service for the past three years. The proposal is for $72,516. (17) An additional 1,263 square feet of unfinished space on the second floor of the new section of the tower building at International Airport be leased to the National Weather Service through June 30, 1981 at a rental of $4.80 per square foot per year. The Weather Service now leases 200 square feet of finished space in the new tower at $5.40 per square foot and 1,063 square feet in the old section at no cost. They will retain 200 sq. ft. in the old section. The remaining 836 square feet in the old tower will become available for lease. Annual rental is $7,143, an increase of $2,858 per year. (18) The janitorial and maintenance contract with the National Weather Service for $2.59 per square foot per year in the old section of the tower building and $1.48 per square foot per year in the new section at International Airport be approved. This is the same rate the Weather Service now pays. The amendment reduces the area leased in the old building from 1063 to 200 square feet and increases the area in the new section from 200 to 1463 square feet, a net gain of 400 square feet. The rate is higher in the old section because of higher maintenance costs. The total annual charge is $2,683.24, a decrease of $366. Mayor Pro Tem Gulley ascertained that there were no questions from the Council or the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items (1) through (18), be accepted as presented; seconded by Holt; and passed unanimously. Mayor Pro Tem Gulley called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. There were no questions or comments on them; Dorothy Zahn, Administrative Assistant in the City Secretary's Office, polled the Council for their votes; and the following ordinances were approved: Minutes Regular Council Meeting July 19, 1978 Page 18 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE NO. 06-6-021-61037 WITH THE UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE, NATIONAL WEATHER SERVICE, APPROVED SEPTEMBER 1, 1976, BY ORDINANCE NO. 13367, FOR THE USE OF APPROXIMATELY 1,663 SQUARE FEET OF USABLE SPACE LOCATED ON THE SECOND FLOOR OF THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT (200 SQUARE FEET OF WHICH IS IN THE OLD SECTION OF THE TOWER BUILDING AND 1,463 SQUARE FEET IN THE NEW SECTION OF THE TOWER BUILDING), ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; TERMINATING LEASE NO. 06-6-021-61138 AS MORE FULLY SET FORTH IN THE TERMINATION AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO NATIONAL WEATHER SERVICE SERVICE CONTRACT 06-4-021-122 TO PROVIDE FOR A PER ANNUM RATE OF $2,683.24 FOR JANITORIAL AND MAINTENANCE SERVICES IN £Hh TOWER BUILDING AT INTERNATIONAL AIRPORT, EFFECTIVE JUNE 1, 1978, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE USE AND OCCUPANCY OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIOD OF FIVE (5) YEARS, BEGINNING SEPTEMBER 1, 1978 AND TERMINATING AUGUST 31, 1983, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. ORDINANCE NO. 14387: AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO JUAN E. VELA AND WIFE, SOVEIDA T. VELA, THAT TRACT OR PARCEL DESCRIBED AS LOTS 27 AND 28, BLOCK 11, STEELE ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR A CONSIDERATION OF $2,900, ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED, RESPECTIVELY, EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. ORDINANCE NO. 14388: AUTHORIZING THE CITY MANAGER TO CONVEY TO LUIS AGUILAR AND SEVERO BALBOA, JR. A TRACT OF LAND DESCRIBED AS LOT 42, EBONY ACRES NO. 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $9,076 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. Minutes Regular Council Meeting July 19, 1978 Page 19 ORDINANCE NO. 14389: APPROPRIATING $842 OUT OF THE N0. 220 STREET BOND FUND FOR ADDITIONAL CITY -FINANCED ITEMS ON ROSTORYZ ROAD - PADRE ISLAND DRIVE TO HOLLY ROAD, REPRESENTING ADDITIONAL COST OF CONSTRUCTION INCURRED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS- PORTATION, PAYABLE TO THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, APPLICABLE TO PROJECT N0. 220-72-5, ROSTORYZ ROAD - PADRE ISLAND DRIVE TO HOLLY ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. RESOLUTION N0. 14390: CONFIRMING THE APPOINTMENT OF JAMES W. CONN, III TO THE OFFICE OF PETROLEUM SUPERIN- TENDENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. RESOLUTION N0. 14391: RESOLUTION OPPOSING PASSAGE BY THE TEXAS LEGISLATURE OF ANY BILL WHICH WOULD LIMIT ACCESS TO PUBLIC BEACHES BY PROHIBITING MOTOR VEHICLE TRAFFIC THEREON; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. ORDINANCE N0. 14392: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE FLOUR BLUFF SANITARY SEWER LATERALS SOUTH OF TROPIC ISLES; APPROPRIATING $215,000 OUT OF THE N0. 250 SANITARY SEWER BOND FUND, OF WHICH $200,643.30 IS FOR THE CONSTRUCTION CONTRACT AND $14,356.70 IS FOR LEGAL ADVERTISING, LABORATORY TESTING, ADDITIONAL ENGINEERING AND INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT N0. 250-77-10, FLOUR BLUFF LATERALS, SOUTH OF TROPIC ISLES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. ORDINANCE NO. 14393: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BFW CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE BAYFRONT PLAZA CONVENTION CENTER; APPROPRIATING $13,468,200 OUT OF THE NO. 209 COMMUNITY CONVENTION CENTER BOND FUND, INCLUDING $12,653,013 IN BONDS AND $815,187 IN ANTICIPATED INTEREST EARNINGS, OF WHICH APPROPRIATION $13,264,142 IS FOR THE CONSTRUCTION CONTRACT, $93,128 IS FOR ADDITIONAL ARCHITECTURAL FEES, $95,930 IS FOR LABORATORY TESTING, AND $15,000 IS FOR FOUNDATION PILINGS AND RELATED EXPENSES APPLICABLE TO PROJECT N0. 209-76-1.3, COMMUNITY CONVENTION CENTER FACILITY CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. Minutes Regular Council Meeting July 19 , 1978 Page 20 ORDINANCE NO. 14394: 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, BY AMENDING ARTICLE 3, DEFINITIONS, SUBSECTION 3-1.26 FLOOR AREA FACTOR, BY DELETING THE WORD "LAND" AND SUBSTITUTING THE WORD "LOT" THEREFOR; AMENDING CHAPTER 24, HEIGHT, AREA AND BULK REQUIREMENTS, BY AMENDING THE CHART AS FOLLOWS: ADD THE PIHRASE "OF LOT AREA" TO THE HEADING OF COLUMN 6, SAID HEADING TO HEREAFTER READ "MAXIMUM SQUARE FOOT OF FLOOR AREA PER ACRE OF LOT AREA"; ADD THE PHRASE "OF LOT AREA" TO THE HEADING OF COLUMN 8, SAID HEADING TO HEREAFTER READ "MAXIMUM NUMBER OF UNITS PER ACRE OF LOT AREA"; AMENDING THE HEADING OF COLUMN 9 BY DELETING THE WORDS "TOTAL LAND" AND SUBSTITUTING THE WORDS "LOT AREA" THEREFOR; CHANGING THE MAXIMUM NUMBER OF UNITS PER ACRE OF LOT AREA AS FOLLOWS: ' "R -1B" ONE FAMILY DWELLING DISTRICT FROM 7 TO 7.26; "R-2" MULTIPLE DWELLING DISTRICT FROM 14 TO 14.52; "A-1" APARTMENT HOUSE DISTRICT FROM 21 TO 21.78; "A-2" APARTMENT HOUSE DISTRICT FROM 34 TO 36.3; "AT" APARTMENT -TOURIST DISTRICT FROM 43 TO 43.56; "AB" PROFESSIONAL OFFICE DISTRICT FROM 34 TO 36.3; "B -1A" TOURIST COURT DISTRICT FROM 43 TO 38.72; "B-1" NEIGHBORHOOD BUSINESS DISTRICT FROM 34 TO 36.3; "B-2" BAYFRONT BUSINESS DISTRICT FROM 43 TO 43.56; "B-4" GENERAL BUSINESS DISTRICT FROM 34 TO 36.3; DELETING THE SECOND SENTENCE OF THE TWO -ASTERISK NOTATION BELOW THE CHART; 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: Gulley, Diaz, Gill, Holt, and Juarez, voting "Aye"; Lozano and Sample, absent. * * * * * * * * Mayor Pro Tem Gulley called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council and stated that this is the third time that he has asked them to consider an ordinance prohibiting smoking in the Council Chambers. Mr. Rosenstein stated that he understood that the matter had been discussed during the morning Workshop Meeting and asked about the Council's intentions in regard to the matter. Mayor Pro Tem Gulley confirmed that the Council had discussed the matter, but that no action was taken. He informed Mr. Rosenstein that the matter may be discussed again, or it may not. Mr. Rosenstein indicated that he will continue his efforts to have smoking banned. * * * * * * * * There being no further business to come before the Council at this time, on motion by Holt, seconded by Diaz, and passed unanimously, the Regular Council Meeting was recessed at 6:32 p.m. July 19, 1978.