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HomeMy WebLinkAboutMinutes City Council - 08/16/1978PRESENT: 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 AUGUST 16, 1978 2:00 P. M. Assistant City Manager Archie N. Walker 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. The invocation was given by Father Joseph Elworthy of Our Lady of Perpetual Help. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano announced that a proclamation had been issued declaring August 13 through 19, 1978 as "TEXAS PUBLIC EMPLOYEES' WEEK." Motion by Diaz that the minutes of the Regular and Special Council Meet- ings of July 26, 1978 bd approved as presented; seconded by Sample; and passed unanimously. * * * * * * * * Mayor Lozano called for the City Manager's Reports. Assistant City Manager Archie N. Walker presented the following items and recommended that: a. A public hearing be held at a Special Council Meeting at 3:30 p.m. on September 6, 1978 on the following zoning applications: (1) Mr. William B. Ewing & Mr. Elmo V. Jackson: "R -1B" to "B-1", located on the east side of Dorthy.Drive, approximately 100 feet south of Gollihar Road. (2) Mr. Clay Morgan: "R -1B" to "B-1", located at the southeast corner of Dorthy Drive and Gollihar Road. (3) Mr. Lincoln M. Ganoung: "R -1B" to "AB", located on the north side of McArdle Road, approximately 575 feet east of Lum Avenue. (4) Ms. Luella Hewitt: Exception to Screening Fence Requirement, located between South Padre Island Drive and South Park Junior High School. MICROFILMED SEP 0 31980 Minutes Regular Council Meeting August 16, 1978 Page 2 b. Bids be received at 11:00 A.M., Tuesday, September 5, 1978 for "Books by Mail Service" to continue a South Texas library systems program to circulate paperback books to individuals in rural areas without library service. 7,000 catalogs are distributed to rural post office boxes. 1,500 books per month are now being circulated to rural homes in the 22 counties in this library region. The bidder will state the percentage of discount on list price for about 5,500 paperback books to be purchased and the cost of printing 7,000 catalogs, 4;000 mailing bags and related supplies. There is only one known supplier. c. A two-year Auditorium concession lease be awarded to JOHN NICHOLSON, Corpus Christi, for 11% of gross sales, except subcontracts on which 13% of gross receipts will be received. The only other bid was from Mr. Martin Rodriguez of 121% of gross. Mr. Rodriguez subsequently asked that his bid be withdrawn. d. Three year mineral leases be awarded on the following tracts at the International Airport: CANUS PETROLEUM, INC., Corpus Christi 128.315 acres Cecilia Kelly Tract Cash Bonus - $60.00 per acre Royalty is 20%, or 1/5th Delay Rental - $10.00 per acre $ 7,698.90 HAROLD KAFFIE, Corpus Christi 13.47 acres M. M. Gabriel Tract $ 2,828.70 Cash Bonus - $210.00 per acre 92.2 acres A. J. Geistman Tract $19,362.00 Cash Bonus - $210.00 per acre The last two tracts will have a royalty of 221% and a $10.00 per acre delay rental. No service drilling is permitted on them because of height limitations imposed by Airport Zoning regulations. Only one bid was received on each of the three leases. e. 21,600' of 3/4" and 320' of 11" copper pipe be purchased from ESCO SUPPLY COMPANY, Corpus Christi, on the basis of low bid of $13,771.74. Bids were received from 9 firms. Price comparison shows a decrease of 7%. The pipe is used by the Water Division and is an estimated 3 months supply. Bids are not taken for a longer period because the price of copper fluctuates frequently. f. Annual supply contracts be awarded as follows: (1) Street sweeper broom materials to the following firm on the basis of low bid: OLD DOMINION BRUSH CO., Richmond, Virginia Lot I - 20 Refills for Spiral Core Broom $2,640 Lot II - Gutter Broom Wire, 60 boxes (ea. 100 lb) 2,640 $5,280 Price comparison shows a decrease of 1.4%. Bids were received from 7 firms. Mi s Regular Council Meeting August 16, 1978 Page 3 (2) Street sign blanks to the following firm on the basis of low bid meeting specifications: AMERICAN HIGHWAY SIGN CO., INC., East Longmeadow, Mass. Lot I - 2,500 Extruded Street Name Blanks $ 6,915 Lot II - 4,150 Traffic Sign Blanks 27,375 $34,290 Price comparison shows an increase of 17.5%. Prices are subject to fluctuation. Bids were received from 4 firms. The apparent low bid of $6,620 on Lot I and $22,126 on Lot II by Vulcan Sign Co., Foley, Alabama, is not recommended as they bid an alternate aluminum alloy on Lot II which is not as hard as that called for in the specifications. Their bid on Lot I is not recommended because they bid on an "all or none" basis. (3) Automotive and flashlight batteries to the following firms on the basis of low bid meeting specifications: INTERNATIONAL BATTERY, Corpus Christi Lot I - 1,078 Automotive Batteries Lot II - 155 Commercial Batteries $26,214.15 9,749.06 $35,963.21 HOLLIS NEESE, Corpus Christi Lot III - 28,066 -Flashlight batteries 5,164.91 GRAND TOTAL- $41,128.12 On Lot I, the apparent low bid of $21,180.40 by Susser Petroleum, Corpus Christi, is not recommended as they do not meet specifications on cold cranking performance. They are below the amperage at 0° F specified on all items. - Price comparison shows a decrease of 8%. Prices are subject to fluctuation. Bids were received from 10 firms. 3 items of pipeline enamel, primer,and felt to MIDWESTERN PIPELINE PRODUCTS, Houston on the basis of low firm bid of $6,568. Price comparison shows an increase of 7.23%. Bids were received from 3 firms. 181 items of mechanical joint, cast iron or ductile iron fittings to CORPUS CHRISTI PIPE AND SUPPLY COMPANY, on the basis of low bid of $86,851.18. Bids were received from 4 firms. Price comparison shows an increase of 9.85%. Hand and garden tools to the following firms: ALAMO IRON WORKS, Corpus Lot I - (16 items) Lot II - ( 3 items) Lot XII - (168 items) Lot XIII- ( 2 items) Lot XIV - ( 1 item) Lot XVII- ( 29 items) Christi Air Hose Accessories $ 374.04 Load Binders 264.90 Wrenches, Ratchets & Sockets 4,885.50 Moil Points & Breaker Chisels 236.00 Trench Jacks 982.80 Ladders, Wheelbarrows & Saws 5,557.82 BRIGGS -WEAVER, Corpus Christi Lot III - (90 items) Miscellaneous Hardware items $ 4,211.04 Lot V - (13 items) Dies for Toledo Pipe threaders 1,244.21 Lot VI - (11 items) Pipe Wrenches & Pipe Vise 2,372.95 Lot VII - (27 items) Hammers, Axes & Handles 3,568.57 Lot VIII- ( 6 items) Flashlights 3,210.24 Lot IX - (18 items) Shovels, Rakes, Scoops & Spades 7,655.47 Lot X - (12 items) Pliers 1,059.38 Lot XI - (21 items) Rules, Tapes & Accessories 2,428.60 Lot XV - (3 items) Hedge & Prunning Shears 413.95 $12,301.06 $26,164.41 Minutes Regular Council Meeting August 16, 1978 Page 4 (7) NORVELL WILDER SUPPLY, Corpus Christi Lot IV - (67 items) Pipe & Tube Cutters & Accessories 2,400.08 GUNDERLAND MARINE, Corpus Christi Lot RVI - (6 items) Padlocks 7,518.48 GRAND TOTAL ---- $48,384.03 Bids were received from six firms. Price comparison shows an increase of 10%. Prices are subject to fluctuation on all items except Lot XVI. Street construction materials to the following firms on the basis of low bid: TEXAS EMULSIONS, INC., Corpus Christi Item 1 - 43,315 Gal. Emulsified Asphalt .3350 gal. (Price subject to fluctuation on material & freight) GULF STATES ASPHALT CO., INC., Houston Item 2 - 40,000 Gal. Asphalt, AC -3 .4970 gal. Item 3 - 235,000 GA1. Asphalt, AC -5 .4470 gal. Item 4 - 42,000 GA1. Cut Back Asphalt, RC -2- .5200 gal. (Price subject to fluctuation) WHITE'S MINES, San Antonio Item 5 - 7,000 Tons Rock Asphalt, Type B 11.56 ton Item 6 - 500 Tons Rock Asphalt, Type CC 11.56 ton Item 9 -15,000 Tons Precoated Aggregate, Type PE, Grade 4 10.81 ton Item 10- 2,500 Tons Rock Asphalt Black Base 11.46 ton Item 11- 1,450 Tons Limestone Rock Asphalt, Pine for Slurry Seal 10.41 ton (Price subject to fluctuation on material and freight) $14,510.53 $ 19,880.00 105,045.00 21,840.00 $146,765.00 $ 80,920.00 5,780.00 163,650.00 28,650.00 15,094.50 $294,094.50 SERVTEX MATERIALS COMPANY, New Braunfels Item 7 - 5,000 Tons Type DD Fine, Graded.Surface Course Asphalt 15.35 ton (Price subject to fluctuation on material and freight) $ 76,750.00 UVALDE ROCK ASPHALT CO., San Antonio Item 8 - 3,194 Tons Precoated Aggregate, Type PE - 9.91 ton 31,652.54 Less Term Discount - $.10 ton - 30 days ( 319.40) Net Difference --- $ 31,333.14 (Price subject to fluctuation on material and freight) HELDENFELS BROTHERS, Corpus Christi Item 12 - 19,500 Tons Hot -Mix Asphalt, Type D SHM- 17.25 ton $336,375.00 Less Term Discount $.50 Ton - 10 days ( 9,750.00) Net Difference --- $326,625.00 CHEMICAL LIME, INC., Clifton, Texas Item 13 - 1,000 Tons Hydrated Stabilization Lime 54.50 ton $ 54,500.00 (Price firm on material, subject to fluctuation on freight only) PARKER BROTHERS & CO., INC. Houston Item 14 - 50,000 Cu. Yd. Flexible Base (Mudshell) S 25.2 - 4.85 - 1.cu. yd. (Price subject to fluctuation) $242,500.00 GRAND TOTAL - $1,187,078.17 2L s Regular Council Meeting August 16, 1978 Page 5 Price comparison shows an increase of 15%. Bids were received from 9 firms. The apparent low bid of $7.50 per ton by Uvalde Rock Asphalt Co. on items 5, 6, and 10 is not F.O.B. Corpus Christi. Freight charges bring the total bid to $20.15 per ton. (8) Warehouse supply items to the following firms on the basis of low bids meeting specifications: ALAMO IRON WORKS, Corpus Christi Lot I - (18 Items) Wire, Chalk Lines, Funnels, $1,118.58 Water Hose Fittings, Caulk Guns, Shellac & Lumber Crayons %Lot III - (17 Items) Nails, Fence Staples & Canvas Tacks 1,082.01 Lot IV - (4 Items) Solder & Solder Paste 225.10 HOLLIS NEESE AUTO PARTS, Corpus Christi Lot II - (25 Items) Miscellaneous Service Station Accessories CORPUS CHRISTI RUBBER & SPECIALTY, Corpus Christi Lot V - (13 Items) Packing, Jute, Graphite and Rubber Sheet & Packing Hooks Lot XIV - (1 Item) Fire Hose BRIGGS -WEAVER, Corpus Christi Lot VI - (3 Items) Water Coolers Lot XI - (2 Items) Neoprene Coated Gloves Lot XIII -(16 Items) Rubber Hip & Knee Boots NORVELL WILDER SUPPLY, Corpus Christi Lot VII - (18 Items) Grinding Discs & Wheels Sandpaper, Wire Brushes & Wheels Lot VIII - (3 Items) Garden & Sprinkler Hose DELTA SAFETY SUPPLY, Houston, Texas Lot IX - (2 Items) Traffic Cones FLASHCO, Portland, Texas Lot X - (5 Items) Safety Hats & Caps, Liners and Vests $2,425.69 $3,388.46 $2,426.94 760.00 $3,186.94 $1,573.49 406.42 5,785.28 $7,765.19 $2,015.25 885.29 $ 2,900.54 VALLEN CORPORATION, Corpus Christi Lot XII - (8 Items) Raincoats & Stormsuits GRAND TOTAL $ 2,083.68 $ 789.04 $ 9,296.28 $31,835.82 Price comparison shows an increase of 2%. Bids were received from 17 firms. The apparent low bids submitted by Hollis Neese on Lot VIII of $810.72 and by Southwest Gloves Company of Forth Worth of $562.87 on Lot X and $2,139.32 on Lot XII were incomplete. The apparent low bid of $8,914.04 on Lot XII by Alamo Iron Works is not recommended because the stormsuits' bid are PVC on nylon not neoprene on nylon as specified. Minutes Regular Council Meeting August 16, 1978 Page 6 (9) Water and Sewage Treating Chemicals to the following firms on the basis of low bid: UNITED STATES GYPSUM CO., Dallas Item 1 (2,831 Tons) Calcium Oxide (Quicklime) Pebbles -$48.03 Ton $135,972.93 Item 2 ( 240 Tons) Calcium Hydroxide $63.40 Ton 15,216.00 (Price firm on material, fluctuating on freight only) $151,188.93 McKESSON CHEMICAL COMPANY, Corpus Christi Item 3 (650 Tons) Ferrous Sulfate (Copperas) $90.36 Ton $ 58,734.00 (Price subject to fluctuation on material and freight) NOTE: This item was awarded to McKesson Chemical Company following the casting of lots. The other bidder submitting identical bid was Van Waters and Rogers, Corpus Christi. McKESSON CHEMICAL COMPANY, DIVISION OF FOREMOST McKESSON, INC., Corpus Christi Item 4 (83 Tons) Sodium Silicofloride (Price firm on material, fluctuating on freight only) $354.00 Ton $ 29,448.40 THOMPSON HAYWARD CHEMICAL CO., San Antonio Item 5 (130,800 lbs.) Ferric Chloride (Crystal) $ .391 lb. $ 35,446.80 PPG INDUSTRIES, INC. CHEMICAL DIVISION, Houston Item 6 (563 Tons) Liquefied Chlorine (30-55 Ton Tank Cars) $104.49 Ton $ 58,827.87 AMERIGAS, SEC DIVISION, Corpus Christi Item 7 (202 Tons) Liquefied Chlorine (1 Ton Cyclinders delivered Cunningham Filter Plant) $173.20 Ton $ 34,986.40 Item 8 (490 Tons)Liquefied Chlorine (1 Ton Cyclinders delivered to Oso, Westside, Broadway, Allison & Flour Bluff Sewer Plants) $173.20 Ton $ 84,868.00 Total $119,854.00 CALCON CORPORATION, Pittsburgh, Pa. Item 10 (46,000 lbs.) Cationic Polymers $.3692 $16,983.20 GRAND TOTAL ---- $470,483.60 Price comparison shows a decrease of 5.09%. Bids were received from 13 firms. The apparent low bid of $14,425.60 (in 20 drum shipments) and $15,115.60 (in 45 drum shipments) on Item 10 by American Cyanamid Co., Houston, is not recommended because the polymer bid is not on the list of 7 approved polymers in the specifications. The polymer is new on the market and is being tested by the Water Division. Also, storage space is not available at the treatment plants for shipments of 20 or more drums. No bids were received on 65 tons of anhydrous ammonia. It is recommended that the product continue to be purchased from the present supplier, Sure -Grow Solutions, Taft, Texas. The company has advised that it will continue supplying the product at $225 per ton, the same price as last year. The price is subject to fluctuation. M. s Regular Council Meeting August 16, 1978 Page 7 g. Authority be granted to submit an application for Federal Funds to the Environmental Protection Agency for all or portions of the Step 3 construction grant on the Oso Wastewater Treatment System. The total estimated cost is $13,634,574, with the Federal share (75%) being $10,225,931 and the City's share (25%) being $3,408,643. This grant will cover the first four phases of construction out of a total of six phases that are to be completed. The work includes three lift stations, three major force mains, a gravity system, and major plant improvements and enlargement. Another grant application will be submitted to cover the remaining two phases at a later date. The grant is for the Step 3, or construction phase, of the system which will provide for improvements and bring the plant up to E.P.A. standards. The City presently has received a grant for the Step 2 (design) phase. The statewide rating places this project within the E.P.A. funding limits and application at this time will expedite construction. The City's share of the costs will come from bonds approved in 1972 and 1977. The contract with Urban Engineering. for engineering services at the Oso Wastewater Treatment Plant is further recommended to be amended to include work required for the Step 3 portion of the project. The contract amendment includes construction, administra- tion, resident inspection, start up services, operations manual, surveys and related construction engineering for the first 4 phases of the project. An appropriation of $451,400 is requested to cover the cost of which 75% will be provided by E.P.A. grant. h. A change order for $2,856.00 to the contract with Goolsby Building Corporation on the Westside Wastewater Treatment Plant be approved for the modification of the plant entrance to reduce the large 84' wide driveway to two 24' wide driveways and provide an island that can be landscaped between the two drives. The proposed change would increase safety and bring the driveway width to within the limits of that allowed by ordinance. No additional appropriation is necessary. i. An agreement be approved with Mr. George Gaines whereby Mr. Gaines will pay the City of Corpus Christi $26,000 for the additional thickness required on the Starcrest Place Unit I streets, and will also furnish the City five fire hydrants in order for the subdivision to meet code requirements. The City of Corpus Christi will install the pavement and the fire hydrants upon delivery for payment by Mr. Gaines of the items listed in this recommendation. The subdivision is located on the east side of Navigation Boulevard approxi- mately 1,200' south of Highway 44. j• k. Authority be granted to submit a grant application to the Coastal Bend Council of Governments on behalf of the County for $4,556 to renovate the Robstown Senior Center. The County has requested that the application be submitted and contribute $1,519 as the local match. The street cut ordinance be corrected to indicate that the administering department is the Department of Engineering and Physical Development not the Department of Inspections and Operations. The Department of Inspections and Operations is listed as the administering department in the City Code. Assistant City Manager Walker informed the Council that the street cuts and repairs are actually made by the Street Division, and since this division is under the direction of the Department of Engineering and Physical Development, it seems more reasonable to amend the ordinance to reflect that the administering department is listed properly. Minutes Regular Council Meeting August 16, 1978 Page 8 * m. Transit fares be increased effective September 1, 1978 and rates be established for express bus service to the Naval Air Station based on the number of miles travelled. The number of zones would be reduced from seven to three. It is anticipated that the proposed changes will result in an additional $57,000 in 1978-79. Basic fares have not been increased since July, 1970. Reduced rates for elderly passengers were established in July, 1973, and modified slightly in October, 1975, to include handicapped passengers, and to provide for a lower base fare and the establishment of a one-time per trip zone charge. Existing Proposed Basic Adult Cash Fare $ 0.25 $ 0.35 Tokens 5/$1.00 5/$1.50 * Elderly and Handicapped $0.10 $ 0.10 Children $0.12 $0.17 Student Tickets 20/$2.50 20/$3.50 Youth Service Program Passes 20/$2.50 20/$3.50 Zone Fare $0.05 $0.10* *Except for seniors and handicapped which will remain at $0.05 as one-time charge for trips involving more than one zone. A $0.25 per trip fare be established for elderly and handicapped van service, with the exception that passengers over 60 years of age ride at no charge to and from mealsites. The rate is proposed to be effective on September 1, 1978. The estimated 2,000 fare paying van trips per month should generate an additional $11,000 in 1978-79. Van service is currently provided to elderly and handicapped over 60 years of age at no charge. In regard to Item "1", Mayor Pro Tem Gulley pointed out that the Transit Fund is subsidized for the amount of $947,000 per year, and $309,000 of that amount is supported by the General Fund, which comes from property taxes and expressed the opinion that the increases recommended would reduce this subsidy somewhat. Council Member Sample inquired if the citizens served by the handicapped van service are more economically deprived than the people who ordinarily ride the buses. Mr. Jim Wiesehuegel, Transit Director, replied that they are in approxi- mately the same economic strata. Council Member Sample noted that according to information provided the Council, the vans make approximately 7,000 trips per month, which would indicate that more money would be generated for the City by charging a little more for bus service for people who are either handicapped or elderly than by charging the proposed $0.25 for each trip by van. He then suggested that the fee proposed for the use of the vans be reduced to zero and the originally proposed cost of $0.15 for the elderly and handicapped for bus service be approved. *The proposed rates were changed following discussion of these two items -- See Page 19. M_ -s Regular Council Meeting August 16, 1978 Page 9 Council Member Holt pointed out that this matter had been discussed during the Workshop Meeting and he thought the Council had agreed on the charges. He expressed the opinion that people who use the vans are basically obtaining door- to-door service, which should cost more than bus fare. Mr. Holt also informed the Council that other organizations provide van service for the elderly and the handicapped who cannot afford to pay fares. He emphasized the fact that "taxi" service, which is really the type of service provided by the use of the vans, should cost more than bus service, which is rather inconvenient; therefore, he indicated that he felt that the fare for the van service should be $0.25 and the bus fare for the elderly and handicapped should remain at $0.10. Council Member Sample expressed the opinion that some of the elderly or handicapped people who use the van would have no other means of transportation to the recreation centers, and if they could not afford to pay the $0.25, they would be unable to participate in the activities at the centers. Assistant City Manager Walker stated that the recommendation states that transportation for the elderly to the meal sites would still be provided at no charge. Council Member Juarez suggested that the staff ascertain the condition of the people riding the vans so that it could be determined whether or not they are physically capable of riding the bus. Mr. Juarez stated that he agreed with Mr. Sample that the transportation for the elderly or handicapped by van should be provided at no charge. Council Member Diaz agreed that he thought that the Council had reached a compromise solution during the Workshop Meeting by reducing the recommended fare for the vans from $0.50 to $0.25 and by decreasing the bus fare for the same group to $0.10. Council Member Sample pointed out that it is never too late to change the recommended fares if a better solution can be reached. Mayor Pro Tem Gulley expressed the opinion that there should be some kind of charge for the van service since the taxpayers are bearing the cost of this service and that he felt that if the service is provided at no charge, it Minutes Regular Council Meeting August 16, 1978 Page 10 will be abused by some people. He stated that he felt that $0.25 is a fair charge for the service provided by the vans. Council Member Gill stated that she felt that some people who are dependent upon the vans for transportation would be unable to use the service if there is any charge at all, and further stated that she felt that the City should provide this transportation. Assistant City Manager Walker stated that the staff was of the opinion that if there is no charge for the van service, there will be more and more requests for the service, and the City will be required to provide additional service to take care of the requests. Council Member Gill suggested that voluntary donations be considered for the service, expressing the opinion that she felt that the elderly and handicapped who could afford to pay for the service would prefer to do so and would probably pay more than $0.25. Council Member Holt reminded the Council that Mr. Ernest Briones, Director of Planning and Urban Development, had informed the Council that the elderly are no longer making contributions for their meals. Mr. Briones confirmed this statement and stated that the staff did not feel that the elderly or handicapped would volun- tarily pay their fares for the van service. Council Member Sample indicated that he realized that there is a problem but suggested that no set fare for van service be charged at this time and that a voluntary contribution be solicited for a period of approximately six months. Mayor Pro Tem Gulley pointed out that transportation will still be pro- vided at no charge to take people to meal sites and asked for information in regard to the other types of transportation provided for the elderly and handicapped. Mr. Wiesehuegel stated that the staff is attempting to limit the service for the elderly and those who are handicapped in such a way that they cannot ride a bus. He informed the Council that they are attempting to restrict the van serv- ice to take people to medical centers for treatment and occasionally to transport people to specific meetings, stating that at this time, no one is riding the van to work. He also informed the Council that occasional shopping trips are provided on Tuesdays and Thursdays. Regular Council Meeting August 16, 1978 Page 11 Council Member Holt asked for an explanation of the staff recommendation that a fee of $0.50 be charged for the fare for the vans. Mr. Wiesehuegel replied that the demand for van service is greater than the Transit Division is able to handle. He also explained that according to the Federal guidelines, the service must be operated for the elderly over 65 years of age and for those who are severely handicapped. Mr. Ernest Briones, Director of Planning and Urban Development, explained the criteria for operation of the service but stated that it is left up to the individual cities as to whether or not a charge is made for the service and the types of transportation service that are provided. Mr. Wiesehuegel informed the Council that most cities operating the van service do charge for the service, and in particular, Austin charges $0.50. Mr. Briones further explained that the program was operated under the Older Americans Act, but after August 31, 1978, the service will be provided through the Urban Mass Transportation Act. He stated that he was not aware of any cities that provide this service at no charge under UMTA. n. Charges for out of town, but within the state, charter bus trips be increased approximately 22% effective September 1, 1978. Additional revenue for 11 months is estimated to be $23,800. The proposed rates are comparable with those charged locally by Arrow Coach Lines as established by the Texas Railroad Commisision, but less than those charged by Continental and Greyhound. Rates for out of town charter bus trips were last increased in May, 1977. 47 Passenger Bus 41 Passenger Bus Rate Existing Proposed Existing Proposed Per "live Mile" $ 1.05 $ 1.22 $ 0.95 $ 1.16 Per "Deadhead Mile" 0.75 0.85 0.75 0.85 First 5 Hours or Less 105.00 122.00 95.00 116.00 Each Additional Hour 15.75 18.30 14.25 17.40 Maximum 24 -Hour Period 262.50 305.00 237.50 290.00 o. The contract with the Texas Department of Water Resources be renewed for the City -County Laboratory to continue to provide services on a charge - for -services basis from September 1, 1978 through August 31, 1979 at a maximum cost of $40,000. This contract was initially entered into in January, 1975. Approximately 100 samples per month will be analyzed. The request of Mr. Rex Eagon that Mr. Wayne Pearson be allowed to make a parachute jump onto the Peoples Street T -Head on August 18, 1978 between 7:30 and 8:00 A.M. be approved. The jump will be made as part of filming of a 30 second television commercial for Whitney-Vaky Insurance Company. A $100,000/$300,000/$25,000 public liability insurance policy will be provided to cover the jump. Section 9-6 of the City Code requires that such jumps be approved by the City Council. P. Minutes Regular Council Meeting August 16, 1978 Page 12 * q. The City enter into a collective bargaining contract with the Corpus Christi Police Officers Association for fiscal year 1978-79. The proposed contract is scheduled for ratification by the association on Friday, August 18, 1978. Amendments to the previous contract are as follows: (1) 7% average cost -of -living increase. A 6% increase for the first 6 months fiscal year and a 2% additional increase over current salary levels effective February 1, 1979. (2) Group Life and Health Insurance (a) The City will pay the employee portion of the 15% increase in monthly premiums. (b) Allow employees who retire and who are not eligible for medicare to participate in the group health insurance program at the employee's own cost until he or she is either eligible for medicare or reaches age 65. (3) Clothing Allowances: (a) The City will pay for 100% of the replacement cost for worn uniforms. (b) Clothing allowance for officers required to wear civilian clothes increased from $225 per year to $300 per year. (c) A clothing maintenance fee of $15 per month to each officer as reimbursement for uniform cleaning and maintenance fees. (4) Provision for a pool of 9 work days to be available during the term of the contract for time off with pay for association deletages to attend state or national conventions held in connection with association activities not to exceed 9 regular working days regardless of the number of delegates elected to attend such function. (5) Clarification of conditions under which disability retirement may be granted. (6) Improvement of entrance examination procedures. (7) Clarification of posting requirements for promotional examination study material. (8) Improvement in arbitration rules of procedure. (9) Placement of the captain classification within the regular City salary schedule in order to recognize merit and outstanding performance when applicable. Council Member Sample inquired if there is any reason why this collective bargaining contract with the Police Officers Association should be approved by the Council prior to ratification by the police officers. Assistant City Manager Walker stated that he would like to have it approved by the Council before ratification to show the good faith by the City in accepting the contract. *NOTE: This item was withdrawn from the City Manager's Reports -- See Page 13. r. s Regu,.ar Council Meeting August 16, 1978 Page 13 Council Member Sample noted that the Council had just been provided with copies of the proposed contract; reminded Mr. Walker that last year he had men- tioned that he would like for the Council to have an opportunity to read the contracts for the Firefighters and Police Officers prior to approving them; ques- tioned the procedure by which the Council is asked to ratify the contracts before they know the terms included in the contracts; and stated that he would like to examine both contracts -to see if they are comparable. Assistant City Manager Walker explained that the contracts with the police officers and firefighters are a culmination of three months of negotiations. Council Member Sample reiterated that he would still like to examine the document before approving it. He pointed out that the Police Budget is approxi- mately $8,000,000 and that he felt that the Council should be aware of how this large amount is spent. Assistant City Manager Walker stated that since the Council had some questions about the proposed contracts with the Police Officers Association and the Corpus Christi Firefighters Association, he would withdraw Items "q" and "s" from the City Manager's Reports. r. Proposals be received at 11:00 a.m., Tuesday, September 19, 1978, to design and implement a new utility billing system which will make maximum use of the capacity of the new computer system. The existing system is designed to utilize punch cards for information input, computer instructions, and infor- mation storage. The new system will use disks for storage, tapes for informa- tion transmission and video display terminals for immediate information access. It is costly and time consuming in terms of machine and personnel time to use the new computer to accomplish the tasks which are a part of the old card oriented system. The project will take approximately 9 months. The estimated cost of up to $100,000 will be paid from the Water, Wastewater and Gas funds based on gross revenues excluding fuel pass through. * s. The City enter into a collective bargaining contract with the Corpus Christi Firefighters Association for fiscal year 1978-79. The proposed contract is scheduled for ratification by the association on Monday, August 21, 1978, through Wednesday, August 23, 1978. Amendments to the previous contract are as follows: '(1) 7% cost -of -living increase. (2) Group life and health insurance (a) City will pay employee portion of the 15% increase in monthly premiums. (b) Allow employees who retire and who are not eligible for medicare to participate in the group health insurance program at the employee's own cost until he or she is either eligible for medicare or reaches age 65. * NOTE: This item was withdrawn -- See above. Minutes Regular Council Meeting August 16, 1978 Page 14 * (3) Clarification of conditions under which acting pay for working out of classification shall be authorized. (4) Provision for one additional uniform to be provided for all officers below the rank of District Chief. (5) Provision for education incentive payment for a degree in occupational education with specialization in fire science. (6) Provision for legal defense for Firefighters who receives a traffic citation as a result of being involved in a traffic accident while making an emergency run to the scene of a fire or an emergency while acting in the course and scope of employment. (7) Improvement of entrance examination procedures. (8) Clarification of posting requirements for promotional examination study material. (9) Improvement in arbitration rules of procedure. (10) One lightweight jacket to match uniform and one additional uniform for the firefighters below the rank of District Chief. t. Recommendation that two agreements be authorized, one with Humphrey Enterprises and one with Woodland Creek Developers, for oversize and overdepth of an 18" sanitary sewer line along Coleta Creek and Prairie Dog Fork Drives in connection with the development of Woodland Creek Subdivision, Units 1 and 2. The developer will install an 18" sanitary sewer line in lieu of a 10" line to serve the subdivi- sion. The City's participation will enable the line to be wider and deeper to be extended to a 600 -acre service area south of Leopard and west of Violet Road. The subdivision is located south of Leopard, approximately i mile west of Violet Road, immediately west of the Hilltop Hospital. Recommendation that authority be granted to submit an application to the U. S. Travel Service of the U. S. Department of Commerce for $4,500 to conduct an advertising campaign in newspapers and magazines in Canada during the fall and winter of 1978 to promote tourism in Corpus Christi. These funds will be matched by $4,500 of budgeted advertising funds in the Corpus Christi Area Convention and Tourist Bureau budget and the Bureau will administer the program. In further reference to the items concerning approval of the contracts with the police officers and firefighters, Council Member Sample inquired if withdrawing these items would present any problems, and Assistant City Manager Walker indicated that it would not. Mayor Lozano assured Mr. Walker that the Council's request to review the con- tracts in no way reflected criticism of the negotiations conducted by him. Assistant City Manager Walker presented the following Motions to Amend for Council consideration: u. *Note: Continuation of Item "s" which was withdrawn -- See Page 13. M, :s Regular Council Meeting August 16, 1978 Page 15 * (a) Amend, prior to third reading, the ordinance on swimming fees to provide for daily swimming fees at all pools of 64 for adults and 25p for children and to provide for a fee for life saving instruction of $15.00 per person. (b) Amend, prior to third reading, the ordinance regarding athletic league team fees to provide the following fees per team: Regular season softball $170.00 Fall season softball 85.00 Softball tournaments 50.00 Flag football 120.00 Basketball 170.00 Council Member Gill referred to the motion listed as (b) and inquired if these fees had been discussed during the morning Workshop Meeting. Assistant City Manager Walker replied that the Council had agreed to these fee changes during the Regular Council Meeting last week. Mayor Lozano called for discussion or questions from members of the audience on the City Manager's Reports. Ms. Maggie Salter, 17301 Second Street, referred to the recommended motion to amend the ordinance on swimming fees and expressed opposition to the fee of $15.00 for life saving instruction, stating that she felt that this fee is exces- sive. Ms. Salter informed the Council that the Red Cross instructors do not charge for life saving courses but only for required books, the cost of which is $2.25. Assistant City Manager Walker referred to a memorandum presented the Council in regard to swimming fees which stated that the Parks and Recreation Department has been conducting swimming instruction classes for children and had recommended that a small fee of $0.50 be charged. He also stated that the Parks and Recrea- tion Department had attempted to cooperate with the Red Cross in their swimming and life saving programs and had offered them the use of the Meadow Park and T.C. Ayers Pools. He further stated that a meeting is scheduled between the Red Cross and representatives of the Parks and Recreation Department to further discuss the matter. He suggested that, if Council agrees, this amendment, listed as (a), not be considered until after that meeting. *Further discussion followed on this matter, and the Council agreed with Assistant City Manager Walker that this proposed amendment be withdrawn. * * * * * * * * Mayor Lozano noted that public hearings on three zoning applications were scheduled for 3:30 p.m. and suggested that further discussion on the City Manager's Minutes Regular Council Meeting August 16, 1978 Page 16 Reports be delayed until after the zoning cases had been heard. Mayor Pro Tem Gulley, presiding in the temporary absence of Mayor Lozano, announced the public hearing on Application No. 778-6, Mr. Bill D. St. Clair, for change of zoning from "F -R" Farm -Rural District to "I-2" Light Industrial District on Tract A and from "F -R" Farm -Rural District and "R -1B" One -family Dwelling District to "B-4" General Business District on Tract B. Tract A con- sists of approximately 53.79 acres, and Tract B consists of 8.37 acres, both out of Lots 2, 3, 8 and 9, Block 2, J. C. Russell Farm Blocks, located on the west side of North Padre Island Drive, approximately 520 feet north of Bear Lane. Assistant City Manager Walker requested Mr. Larry Wenger, Chief Planner, to summarize the zoning cases. Chief Planner Wenger stated that the Planning Commission recommends appro- val and the Planning Staff recommends denial since there is extensive industrial zoning in the area, and in the staff's opinion, the industrial zoning should not continue to expand in this particular area. Mr. 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. Council Member Holt referred to the staff's recommendation for denial and their statement that extensive industrial zoning already exists in the area and inquired as to what zoning they would recommend. Chief Planner Wenger stated that the land could be zoned for residential use. Council Member Holt noted that according to the minutes of the Planning Commission hearing on this case, sewer problems already exist in the area and asked if this problem would not be increased if residential development is recom- mended. Council Member Sample pointed out that one portion of the tract is designated for hotel -motel use, which would also require more sewers and better service. Mr. Gerald Smith, Chief Engineer of the Department of Engineering and Phy- sical Development, stated that the nearest service for this area is a line at M s Regular Council Meeting August 16, 1978 Page 17 Flato Road and Bear Lane. Mr. Smith informed the Council that the best solution would be to extend the line, but there are no bond funds available for this exten- sion. He explained that there is a procedure by which the developer could extend the line at his expense with the City to participate in the cost, but unless this is done, it will be three to five years before the extension will be made. No one spoke in opposition to this application. Mr. Harlan R. Heitkamp of Maverick Engineering, representing the appli- cant, pointed out that there is a storm sewer along Bear Lane and stated that the drainage and sewer system have been discussed with both Mr. Smith and Mr. James K. Lontos of the Engineering staff and explained to them that the applicant proposes to attempt to improve the drainage and possibly install a lift station to improve the sewer service. Mr. Heitkamp also stated that the hotel -motel is not definitely planned at this time. He also questioned the need for additional residential zoning in this area, pointing out that a subdivision called Village on the Green was dev- eloped in 1971, and the second section of this subdivision has still not been ,developed. Mr. Heitkamp contended that this area is primarily for industrial use. Mr. Bill D. St. Clair, the applicant, spoke at this time and stated that he did not feel that the sewer service presents any problem for the owners of land which is used for industrial purposes. He agreed that if a hotel is built, the sewer system would have to be improved. Mr. St. Clair also informed the Council that he had talked to Mr. Ramon Hinojosa, Superintendent of the West Oso Independent School District, who had informed him that they are definitely in favor of this change of zoning. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and approve the change of zoning to "I-2" on Tract A and to "B-4" on Tract B; seconded by Diaz; and passed unanimously. Chief Planner Wenger suggested that the next two applications be consid- ered together since they involve tracts that are adjacent to each other. Minutes Regular Council Meeting August 16, 1978 Page 18 Chief Planner Wenger announced the public hearing on Application No. 678-9, Mr. Emil Habeeb, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the north 66 2/3' of Lot 9, Block 5, Woodlawn Estates, located on the west side of Clare Drive approximately 230 feet south of South Padre Island Drive. He also announced the public hearing on Application No. 678-10, Padre Space Corporation, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on the south 33 1/3' of Lot 9, and the north 33 1/3' of Lot 8, Block 5, Woodlawn Estates, located on the west side of Clare Drive approximately 297 feet south of South Padre Island Drive. Mr. Wenger informed the Council that the Planning Commission recommends denial of the "B-4" zoning on both tracts but in lieu thereof a special permit be granted for storage units subject to a suitable site plan. He also stated that the Planning Staff recommends denial of both requests on the basis that this is a resi- dential area and also because the development plan indicates only one access onto Clare Drive which dead ends at both Williams and Padre Island Drive, and they were of the opinion that traffic would be greatly increased. 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. Council Member Diaz inquired if the staff felt that this type of use would greatly increase traffic in the area. Mr. Wenger stated that they felt that it would because vehicles going to the planned development would have to come off Padre Island Drive, which is one way, and go down Williams in order to reach this location. Council Member Holt suggested that if a special permit is approved, the developers could be required to establish a setback wide enough so that traffic would have to go back to Padre Island Drive. Mr. Wenger noted that drivers cannot be forced to go any particular way or along a particular street. He also noted that the site plans for both appli- cations have been approved by the Planning Commission and presented the Council with copies of them. Mr. Wenger also pointed out that if the special permit is approved, a standard screening fence will be required adjacent to the residential property. M Re6 .,r Council Meeting August 16, 1978 Page 19 No one spoke in opposition to these zoning applications. Motion by Sample that the hearing be closed, seconded by Juarez, and passed unanimously. Mayor Lozano called on Mr. Ben Donnell, representative of the Planning Commission, to comment on these zoning cases. Mr. Donnell stated that no one had appeared at the Planning Commission hearings on this two applications to express opposition even though there was some written opposition to the requests for changes of zoning. He informed the Council that the Commission members felt that this would be the best use of the property. Motion by Holt that the Council concur with the recommendation of the Planning Commission and deny the request for change of zoning to "B-4" but in lieu thereof approve special permits for Application Nos. 678-9 and 678-10; seconded by Juarez; and passed unanimously. Mayor Lozano called for comments from the audience on the City Manager's Reports. Mr. Bill Eader, referred to Item "f" (9) in regard to award of contract for purchase of 650 tons of Ferrous Sulfate (Copperas) and questioned the method used by the City in casting lots to determine the company to be awarded a bid when identical bids are received. He suggested that it would be more equitable to award the contract to both companies, allowing each to supply one-half of the item. Assistant City Manager Walker explained that it is easier for the City to deal with only one company; the City must comply with the specifications; and if the contract is divided, there might be a difference in the amount the companies would have bid. He also pointed out that both companies had an equal opportunity to be awarded the bid. Mrs. Flora Pockrus, 1914 Hawthorne Drive, stated that she is a member of the Senior Citizen Advisory Board, the AARP, and is a retired teacher. Mrs. Pockrus objected to the proposed charge for van service for elderly and handicapped, indi- cating that she felt that those who could afford to pay a fare would do so volun- tarily. Minutes Regular Council Meeting August 16, 1978 Page 20 No one else spoke in regard to the City Manager's Reports. Motion by Sample that City Manager's Reports Item "1" be amended to increase the fare for Elderly and Handicapped from $0.10 to $0.15 and that Item "m" be amended to change the recommended fare for elderly and handicapped van service from $0.25 to $0.00 and that a system of voluntary contributions be utilized for the van service; seconded by Juarez. Following a short discussion, Mayor Lozano called for' the vote on the motion which passed by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley and Holt abstaining. Motion by Sample that the City Manager's Reports, Items "a" through "u", with the exception of Items "q" and "s", which were withdrawn, and Items "1" and "m", as amended, be approved; seconded by Juarez; and passed unanimously. S. TABLED: Southview Corporation for changing of zoning from "R -1B" to "I-2" on Starcrest Place Unit 1 located on the east side of Navigation Boulevard approximately 1200 feet south of State Highway 44 was heard on June 14, 1978 and tabled until an agreement could be worked out with the developer to make necessary modifications to the existing subdivision improvements to make them suitable for industrial use. Motion by Sample that this matter be removed from the table, seconded by Diaz, and passed unanimously. Assistant City Manager Walker informed the Council that the proper agree- ment had been worked out with the developer in regard to the modifications to the existing subdivision improvements. Motion by Holt that the change of zoning for Southview Corporation's appli- cation for "I-2" be approved, seconded by Diaz, and passed unanimously. * * * * * * * * 9. PENDING ZONING: Mr. John Platis: "B-1" to "B-4", located on the southwest corner of South Staples Street and Carroll Lane. This application was heard on July 26, 1978 at which time "B-4" was denied but in lieu thereof a special permit was approved for a used car lot. A site plan which meets all necessary requirements has been submitted. Assistant City Manager Walker asked Chief Planner Wenger to explain. Mr. Wenger stated that the site plan indicated the proposed use according to the Council's stipulations in connection with the special permit. Motion by Holt that the site plan be approved and a special permit be approved for Application No. 678-7, seconded by Juarez, and passed unanimously. M a Regu.,.ar Council Meeting August 16, 1978 Page 21 City Secretary Read called the Council's attention to the fact that a separate motion was required to amend the ordinance regarding athletic league team fees. Motion by Sample, seconded by Diaz, that the ordinance read on the first two of three readings on July 26, 1978 and August 2, 1978, respectively, estab- lishing Section 36-8, entitled "Athletic League Team Fees", to the City Code of Ordinances, be amended prior to its third and final reading as follows: A. Amend the Entrance Fees per Team for League Play as follows: Regular season softball $170.00 Fall season softball 85.00 Flag football 120.00 Basketball 170.00 B. Amend the Entrance Fees Softball The motion passed unanimously. per Team for Tournament Play as follows: $ 50.00. Mayor Lozano called for the ordinances. Mayor Pro Tem Gulley requested that the City Secretary's office highlight the subject of each ordinance caption on the agenda in the future so that each ordinance may be quickly identified. Assistant City Manager Walker briefly explained the ordinances on the agenda. Council Member Holt inquired as to the amount of the fine associated with the ordinance prohibiting smoking in the Council Chambers. Walker replied that the ordinance specifies a fine up to a also explained that the ordinance prohibits smoking in the times, not just during Council Meetings. Mayor Pro Tem Gulley suggested that this ordinance Assistant City Manager maximum of $200. He Council Chambers at all be considered on a three -reading basis. He also stated that he would like to offer an amendment to the ordinance, pointing out that approximately forty boards, committees and com- missions meet in the Council Chambers; the members of these boards serve the City; some of them smoke; and since not too many people attend their meetings, he sug- gested that smoking not be prohibited when their meetings are conducted. To summarize, Mr. Gulley suggested that the ordinance be amended to prohibit smoking only during Council meetings. Minutes Regular Council Meeting August 16, 1978 Page 22 Council Member Sample disagreed with the suggested amendment because the boards and commissions also conduct public meetings, and it is impossible to determine in advance whether or not large numbers of people will attend their meetings. Council Member Gill also objected to such an amendment, stating that she has been informed that people have departed the Planning Commission meetings because of the excessive smoke in the Council Chambers. Mayor Lozano expressed the opinion that when signs are posted indicating that smoking is not allowed in the Council Chambers, the smoking will cease whether a Council Meeting is being conducted or some other type of meeting. Mayor Pro Tem Gulley moved that the ordinance prohibiting smoking in the Council Chambers be amended to prohibit smoking only during Council Meetings. The motion died for lack of a second. Mayor Lozano called for comments from members of the audience in regard to the ordinances. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council in regard to the ordinance prohibiting smoking in the Council Chambers and expressed appreciation for the Council's consideration of such an ordinance. He reported to the Council the results of a test he had conducted involving a few smokers in the Council Chambers and read a statement in regard to the hazards of smoking. Mrs. Howard Davis, 914 Rossi, spoke in favor of passage of the ordinance prohibiting smoking in the Council Chambers. No one else spoke in regard to the ordinances, and City Secretary Read polled the Council for their votes. The following ordinances were passed: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS • AMENDED, BY AMENDING SECTION 55-5, CITY TRANSIT SYSTEM — FARES, BY ADDING A NEW PARAGRAPH, (E), PERTAINING TO SPECIALIZED TRANSPORTATION SERVICES FOR THE ELDERLY AND HANDICAPPED, INCLUDING SENIOR CITIZENS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed by the following vote: Lozano, Diaz, Gill Juarez and Sample voting "Aye"; Gulley and Holt voting "Nay." NOTE: The foregoing ordinance was passed on its first reading but was later withdrawn since the anticipated fare for van service was reduced to $0.00 and the ordinance was unnecessary. Regular Council Meeting August 16, 1978 Page 23 FIRST READING: AMENDING THE CITY CODE, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY ADDING TO CHAPTER 36, ARTICLE I, A NEW SECTION, TO BE NUMBERED 36-10, ENTITLED "SUMMER RECREATION PROGRAM REGISTRATION FEES"; PROVIDING AN EFFECTIVE DATE; 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, Gill, Holt, Juarez and Sample voting "Aye". FIRST READING: FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASED: ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE COMPARABLE WITH TARIFFS ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS AMENDED BY ORDINANCE NOS. 10853, 11794, 12366, 13182, AND 13729, TO BE COMPARABLE WITH SAID TEXAS RAILROAD COMMISSION TARIFF; 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, G 11, Holt, Juarez, and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 55-5, CITY TRANSIT SYSTEM --FARES, BY AMENDING PARAGRAPH (A), SUBPARAGRAPHS (1), (2), (3), (5), (6) AND (7), AND BY ADDING SUBPARAGRAPHS (8) AND (9) SO AS TO ESTABLISH NEW FARE RATES, AND BY AMENDING PARAGRAPH (D) TO AMEND THE ZONE DESCRIPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR CONTRACT WITH JOHN NICHOLSON FOR CONCESSION RIGHTS AT THE BAYFRONT PLAZA AUDITORIUM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND 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: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". FIRST READING: PROHIBITING SMOKING IN THE CITY COUNCIL CHAMBERS OF TEXAS. The foregoing ordinance was read for the first time reading by the following vote: Lozano, Diaz, Gill, "Aye"; Gulley, "Nay"; Holt, "abstaining". SECOND READING: THE CITY OF CORPUS CHRISTI, and passed to its second Juarez, and Sample voting ADOPTING AID AMBULANCE SERVICE RATES; PROVIDING FOR A SUPPLEMENTARY OXYGEN CHARGE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 16, 1978 Page 24 ORDINANCE NO. 14440: AUTHORIZING THE CITY MANAGER TO EXECUTE THE GRANT APPLICATION AND ALL SUBSEQUENT AMENDMENTS, ADDITIONS, AND CORRECTIONS THERETO, TO THE ENVIRONMENTAL PROTECTION AGENCY FOR ALL OR PORTIONS OF THE STEP 3 GRANT FOR THE OSO WASTEWATER TREATMENT SYSTEM, PROJECT NOS. 250-72-2.1, 250-72-2.2, 250-72-2.3 AND 250-72-2.4; THE GRANT AMOUNT IS $10,225,931 REPRESENTING 75% OF THE TOTAL AMOUNT FOR STEP 3 OF $13,634,574 WITH THE CITY'S SHARE BEING 25% OR $3,408,643, A SUBSTANTIAL COPY OF SAID APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14441: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-253, "STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON BATTLIN' BUC BLVD., BETWEEN MESTINA STREET AND UP RIVER ROAD (BOTH SIDES) AND UP RIVER ROAD, FROM PALM DRIVE TO A POINT APPROXIMATELY 850 FEET WEST OF BATTLIN' BUC BLVD. (BOTH SIDES); PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE N0. 14442: FINDING THAT THE BAYFEST '78 ON SEPTEMBER 29 THROUGH OCTOBER 1, 1978 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1100 THROUGH 1600 BLOCKS OF NORTH SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 A.M., SATURDAY, SEPTEMBER 23, 1978 TO 12:00 NOON, WEDNESDAY, OCTOBER 4, 1978, FOR SAID BAYFEST CO-SPONOSRED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PRO- VIDING 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, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VENICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14443: AMENDING CHAPTER 23, HEALTH AND SANITATION OF THE CORPUS CHRISTI CITY CODE, 1976, AS AMENDED, IN PARTICULAR BY ORDINANCE NO. 10384, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1971, BY AMENDING SECTION 23-42 BY INCREASING THE FEE TO $3.00 FOR ISSUANCE OF CERTIFIED COPIES OF BIRTH, DEATH OR FETAL DEATH CERTIFICATES FILED IN THE OFFICE OF THE REGISTRAR OF VITAL STATISTICS IN THE CITY OF CORPUS CHRISTI; PROVIDING A FEE OF $1.50 FOR PROCESSING OF CORRECTIONS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Min Regular Council Meeting August 16, 1978 Page 25 THIRD READING - ORDINANCE NO. 14444: ESTABLISHING SECTION 36-8, TITLED "ATHLETIC LEAGUE TEAM FEES" IN THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14445: AMENDING ARTICLE III, CUTS AND EXCAVATIONS, BY AMENDING SECTIONS 49-50, 49-52, AN .49-57 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, TO DELETE "DIRECTOR OF INSPECTIONS AND OPERATIONS" WHERE APPEARING AND SUBSTITUTE "DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT" THEREFOR, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". . ORDINANCE NO. 14446: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI-NUECES COUNTY HEALTH AND WELFARE DEPARTMENT WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR - SERVICES BASIS AT A MAXIMUM COST OF $40,000 FOR THE TERM OF SAID CONTRACT, COMMENCING SEPTEMBER 1, 1978, AND TERMINATING AUGUST 31, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14447: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WHICH INCREASES THE CONTRACT AMOUNT BY $204,487 WITH A SUPPLEMENTAL REQUEST TO THE DEPARTMENT OF LABOR FOR $970,629 TO CONTINUE 600 PUBLIC SERVICE EMPLOYMENT POSITIONS FOR OCTOBER 1, 1978 TO DECEMBER 31, 1978, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO MODIFY THE AFORESAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14448: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING CONTRACT MODIFICATION REQUESTING A SUPPLEMENTAL $242,074 FROM THE DEPARTMENT OF LABOR TO CONTINUE 92 PUBLIC SERVICE EMPLOYMENT JOBS FROM OCTOBER 1, 1978 THROUGH DECEMBER 31, 1978, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO MODIFY THE AFORESAID CONTRACT AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 16, 1978 Page 26 ORDINANCE NO. 14449: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A GRANT ON BEHALF OF NUECES COUNTY TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE TITLE V MULTI- PURPOSE SENIOR CENTERS PROVIDING FOR FUNDING IN THE AMOUNT OF $6,075 FOR THE PURPOSE OF RENOVATION OF ROBSTOWN CENTER, ALL AS IS MORE FULLY SET OUT IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER DOCUMENTS NECESSARY IN THE IMPLEMENTATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14450: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE CONTRACT WITH URBAN ENGINEERING, CONSULTING ENGINEERS, FOR ENGINEERING SERVICES IN CONNECTION WITH THE PROPOSED IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT SYSTEM, WHICH AMENDMENT PROVIDES FOR A SCOPE OF SERVICES TO CORRESPOND WITH THE CITY'S STEP 3 GRANT APPLICATION FOR BASIC SERVICES, 0 & M MANUAL, START-UP SERVICES AND RESIDENT CONSTRUCTION SERVICES, SPECIFIES A FIXED PRICE FEE AND COMPLIES WITH CURRENT FEDERAL GUIDELINES WITH REGARD TO THE PROCUREMENT OF ENGINEERING SERVICES, 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"; APPROPRIATING $451,400 OUT OF NO. 250 SANITARY SEWER BOND FUND FOR SAID ENGINEERING SERVICES, OF WHICH AMOUNT $87,000 IS APPLICABLE TO PROJECT NO. 250-72-2.1, WILLIAMS DRIVE LIFT STATION AND FORCE MAIN, PHASE 1; $77,600 IS APPLICABLE TO PROJECT NO. 250-72-2.2, WILLIAMS DRIVE GRAVITY SYSTEM, PHASE 2; AND $89,600 IS APPLICABLE TO PROJECT NO. 250-72-2.3, WILLIAMS DRIVE FORCE MAIN, PHASE 3; $197,200 IS APPLICABLE TO PROJECT NO. 250-77-4, OSO PLANT IMPROVEMENTS; BOTH THE AUTHORITY TO EXECUTE THE AMENDMENT AND THE APPRO- PRIATION OF FUNDS BEING SUBJECT TO APPROVAL AND CONCURRENCE BY THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY IN THE CITY'S STEP 3 GRANT APPLICATION FOR IMPROVEMENTS TO THE OSO WASTEWATER TREATMENT SYSTEM, E.P.A. PROJECT NO. C-48-1214-03; OF THE $451,400, $338,550 WILL BE THE FEDERAL SHARE AND $112,850 WILL BE THE LOCAL SHARE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14451: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHVIEW CORPORATION, DEVELOPER, WHEREBY THE DEVELOPER WILL PAY THE CITY $26,000 FOR THE THICKENING OF THE STREET PAVEMENT WITHIN THE STREETS OF STARCREST UNIT I AND PROVIDE FIVE FIRE HYDRANTS WITH RELATED VALVES AND FITTINGS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14452: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CANUS PETROLEUM, INC. FOR THE EXPLORATION OF THE MINERALS, SUBJECT TO THE LIMITATIONS CONTAINED IN SAID LEASE AGREEMENT, BENEATH THE SURFACE OF THAT TRACT OF LAND DESCRIBED AS THE CECILIA KELLY 128.315 ACRE TRACT ON THE THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND BEING FOR A PRIMARY TERM OF THREE (3) YEARS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Mir Re Council Meeting Aug, . 16, 1978 Page 27 ORDINANCE NO. 14453: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HAROLD KAFFIE FOR THE EXPLORATION OF THE MINERALS, SUBJECT TO THE LIMITATIONS CONTAINED IN SAID LEASE AGREEMENT, BENEATH THE SURFACE OF THAT TRACT OF LAND DESCRIBED AS THE M. M. GABRIEL THIRTEEN AND FORTY SEVEN HUNDREDTHS (13.47) ACRE TRACT ON THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND BEING FOR A PRIMARY TERM OF THREE (3) YEARS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14454: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HAROLD KAFFIE FOR THE EXPLORATION OF THE MINERALS, SUBJECT TO THE LIMITATIONS CONTAINED IN SAID LEASE AGREEMENT, BENEATH THE SURFACE OF THAT TRACT OF LAND DESCRIBED AS THE GEISTMAN NINETY-TWO AND TWO TENTHS (92.2) ACRE TRACT ON THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND BEING FOR A PRIMARY TERM OF THREE (3) YEARS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 144541: 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 JOHN PLATIS BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION OF A USED CAR LOT ON SHEPARD PLACE UNIT 5, LOCATED ON THE NORTHWEST CORNER OF SOUTH STAPLES STREET AND CARROLL LANE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO THE OTHER CONDITIONS SET OUT HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "abstaining". ORDINANCE NO. 14455: AUTHORIZING THE CITY MANAGER TO EXECUTE TWO SEPARATE AGREEMENTS WITH THE DEVELOPERS OF WOODLAND CREEK SUBDIVISIONS, UNITS 1 AND 2, HUMPHREY ENTERPRISES AND WOODLAND CREEK DEVELOPERS, PROVIDING FOR CITY PARTICIPATION IN THE OVERSIZE/OVERDEPTH CONSTRUCTION OF SANITARY SEWER LINES IN THE WOODLAND CREEK SUBDIVISION, UNITS 1' AND 2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, A COPY OF EACH, IN SUBSTANTIALLY THE SAME FORM AS ATTACHED HERETO AND MARKED EXHIBITS "A" AND "B", IS MADE A PART HEREOF; APPROPRIATING $44,873.57 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH AMOUNT $27,725.33 IS FOR UNIT 1 AND $17,148.24 IS FOR UNIT 2, FOR PAYMENT OF THE DEVELOPERS, APPLICABLE TO PROJECT NO. 250-77-15.3, WOODLAND CREEK SUBDIVISION, UNITS 1 AND 2, OVERSIZE/OVERDEPTH OF SANITARY SEWER LINES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sampel voting "Aye". ORDINANCE NO. 14456: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE U. S. TRAVEL SERVICE OF THE U. S. DEPARTMENT OF COMMERCE FOR $4,500 TO CONDUCT AN ADVERTISING CAMPAIGN IN NEWSPAPERS AND MAGAZINES IN CANADA DURING THE FALL AND WINTER OF 1978 TO PROMOTE TOURISM IN CORPUS CHRISTI, FUNDS TO BE MATCHED BY $4,500 OF BUDGETED ADVERTISING FUNDS IN THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU BUDGET, WITH THE BUREAU TO ADMINISTER THE PROGRAM, AS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 16, 1978 Page 28 ORDINANCE NO. 14457: 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 BILL D. ST. CLAIR BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A, 53.79 ACRES; AND TRACT B, 8.37 ACRES, LOTS 2,3,8, AND 9, BLOCK 2, J. C. RUSSELL FARM BLOCKS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R' FARM -RURAL DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT ON TRACT A; AND FROM "F -R" FARM -RURAL DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT ON TRACT B; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt,'Juarez, and Sample voting "Aye". ORDINANCE NO. 14458: 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 EMIL HABEEB, BY GRANTING A SPECIAL PERMIT FOR STORAGE UNITS, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON A PORTION OF LOT 9, BLOCK 5, WOODLAWN ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14459: 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 PADRE SPACE CORPORATION, BY GRANTING A SPECIAL PERMIT FOR STORAGE UNITS, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON A PORTION OF LOT 9 AND LOT 8, BLOCK 5, WOODLAWN ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Bill Sargent, 5302 Carriage Lane, representing the Boat Owners Asso- ciation, addressed the Council in regard to the recommendation of the Marina Board that several piers in the Marina be extended. Mr. Sargent stated that this asso- ciation had not addressed the Council before because they were under the impression that there would be no improvements to the Marina until a study had been completed, Mi Regular Council Meeting August 16, 1978 Page 29 yet, at a recent Marina Board meeting, Mr. Terry Dopson's recommendation that several of the piers be extended was adopted by the board. Mr. Sargent explained that sail- boat races are conducted in the protected Marina area, and if these piers are extended, the operators of sailboats will be hampered in maneuvering their boats. He also requested that the Council take a tour of the Marina area to investigate the operation of the facility. Mr. Sargent emphasized that he and other members of the Boat Owners Association are opposed to the extension of the piers. Assistant City Manager Walker explained that he felt that a lack of communi- cation had created this concern on the part of the Boat Owners Association. He stated that the Marina Staff and Marina Board were directed by the Council to pre- pare a recommendation for the employment of a consultant to study the Marina, and the Marina Board had decided to consider at the same time needed repairs to the Marina and the possibility of extensions for additional boat slips. Mr. Walker suggested that any improvements should be delayed until the study has been com- pleted. He explained that the Marina Board has been under pressure to add addi- tional slips; the Board can make recommendations; but the final decision will be made by the Council. Mr. Sargent informed Mr. Walker that the recommendation that the piers be extended came from Mr. Dopson, Director of Parks and Recreation, and the recommen- dation was approved by the Marina Board. Assistant City Manager Walker stated that the intent was for a study to be made, following which the recommendations of the consulting firm preparing the study would be considered by several City departments and committees, but nothing definite has been accomplished yet; therefore, this matter will not even be presented for Council action until all of those steps have been completed. Speaking on the same matter was Mr. Robert L. Gross, 1801 Ocean Drive, Chairman of the Marina Board. Mr. Gross confirmed the statements made by Mr. Sargent. He stated that a special meeting of the Marina Board was called on an entirely different matter; during the meeting, Mr. Dopson had presented a staff recommendation that additional slips be approved and repairs to the Marina be approved; and the development study was listed as a completely separate item from Minutes Regular Council Meeting August 16, 1978 Page 30 those recommendations. Mr. Gross explained that only six members of the Board were present at that particular meeting, and they voted 3 to 2 to proceed as soon as pos- sible with Mr. Dopson's recommendations. He stated that this action had resulted in alarming the Corpus Christi Boat Owners Association, since it was a definite approval of the staff recommendation. Assistant City Manager Walker stated that he was not aware of this and again indicAed that he was under the impression that the study was to be completed before any changes were made to the Marina. Council Member Holt agreed that the study should be made as soon as possible before additional boat slips are added, since the consulting firm employed might make different recommendations. Assistant City Manager Walker inquired of Mr. James K. Lontos, Director of Engineering and Physical Development, if he had a recommendation in regard to the employment of a consulting firm to conduct the study. Mr. Lontos stated that the proposal is in the process of review to determine the scope of the work; a list of priorities will be prepared; and then a consultant will be employed to prepare the study and subsequently prepare the plans. He indi- cated that the award of contract for the study should be ready within 30 to 60 days. Council Members Holt and Diaz urged that this matter be given priority so that the study can be authorized and completed as soon as possible. Mrs. Charlene Brundidge, 5222 Bell Street, spoke on behalf of the residents of Lexington Center Subdivision. Mrs. Brundidge registered a complaint against the operators of the Viking Drive -In Theatre, stating that after the theatre was con- structed, a drainage problem has existed in their subdivision, whereas, they had no problem before the theatre was built. Mrs. Brundidge also stated that the property on which the theatre is located is zoned "R -1B", which is improper zoning for that type of business; the operators of the theatre are in violation of the screening fence requirement because the existing fence is inadequate; a lot of noise is cre- ated for the residents of Lexington Center Subdivision by the patrons of the theatre, particularly when the "Swaparama" is conducted at the theatre on Saturdays and Sundays. She explained that such a traffic hazard is created during those times, that it is almost impossible for the residents in that area to depart the streets Mi Regu.wr Council Meeting August 16, 1978 Page 31 on which they reside, stating that their only exit is on Civitan Drive and it is almost impossible to get onto the street because of the heavy traffic created by people attending the Swaparama. Mrs. Brundidge suggested that a traffic light be installed at the intersection of Sacky and Ayers Streets to provide easy egress and ingress to their property. She also informed the Council that obscene movies are shown on the screens at the theatre which are clearly visible to the residents of the subdivision. She presented a petition containing 20 signatures. Discussion followed in regard to Mrs. Brundidge's allegations. Assistant City Manager Walker stated that the theatre location is non -conforming use, but it existed at that location prior to annexation; all property annexed is automatically zoned "R -1B"; and that is the reason the theatre property is not properly zoned. Council Member Holt requested that the staff provide the Council with a report on Mrs. Brundige's complaints within three weeks, and other Council Members agreed. Assistant City Manager Walker pointed out that Mrs. Brundidge had mentioned a variety of problems and answers to all of them will require approximately one month before a report can be prepared for the Council. He stated, however, that the traffic problem will be investigated immediately. Assistant City Manager Walker referred to a question by one of the Council Members in regard to the progress of the City's efforts to acquire land for Los Encinos Park and asked Mr. Lontos to explain. Mr. Lontos stated that the City had employed Mr. Roy Temple to prepare an appraisal of the land to be purchased for the park; the City had made an offer to the owners according to that appraisal; the owners refused the offer and employed their own appraiser; he was almost through with his appraisal when the owners decided to hire Mr. Sidney Smith to prepare their appraisal; and Mr. Smith's apprai- sal should be ready some time this week. Mr. Lontos stated that Mr. Ken Kohrs, Manager of Property and Land Acquisition, is working with the owners of the pro- perty, and hopefully, terms will be agreed upon soon. Mr. Lontos further informed the Council that the ditches have been graded and the drainage in the area has been improved. He explained that the drainage problem had been created because of the debris that had been dumped into the ditches. Minutes Regular Council Meeting August 16, 1978 Page 32 In regard to the sewer problems in the area, Mr. Lontos stated that sani- tary sewer system is designed in the same manner as in other areas of the City; 8" lines have been installed there; there is no engineering reason for the system to back up as has been reported; and the only reasonable explanation is that there is a failure in the plumbing and the lines. He assured the Council that all of the complaints have been investigated and the problem seems to be at the connection where the private sewer line ties onto the City line, and the City's Wastewater Service Division crews have corrected these problems. There being no further business to come before the Council, on motion by Diaz, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 5:45 p.m., August 16, 1978.