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HomeMy WebLinkAboutMinutes City Council - 08/23/1978PRESENT: 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 23, 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 Reverend George H. Dawson of St. Martin's Episcopal Church 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 the following proclamations: "DISABLED AMERICAN VETERANS FORGET-ME-NOT MONTH" - August 19 through September 23, 1978; and "WOMEN'S WEEK" - August 21 through 25, 1978. Mayor Lozano then introduced Mrs. Rose Renee Soliz, Commander of the Ladies Auxiliary of the Disabled American Veterans Chapter 160, who then requested donations from the Council Members. Motion by Juarez that the minutes of the Regular Council Meeting of July 19, 1978, as reconvened on July 26, July 27 and August 2, 1978; and the Regular Council Meeting of August 2, 1978, be approved as presented; seconded by Holt; and passed unanimously. * * * * * * * * Mayor Lozano called for consideration of appointments to boards and commit- tees. Following nominations by various members of the Council, Council Member Holt moved that the following nominations be confirmed; seconded by Juarez; and passed unanimously: COASTAL BEND CONSORTIUM ADVISORY COUNCIL Term to Expire Dr. Gary V. Sluyter 9/30/78 Mrs. Olean B. (Cyrus) Roberts 9/30/78 Mr. Guadalupe Silva 9/30/78 Minutes Regular Council Meeting August 23, 1978 Page 2 The appointees listed below were elected to the following board by a'majotity vote of the Council: PARK BOARD: Mr. Louis J. Garza Ms. Mary Lou Huffman (Reappointment) Mr. Allen 0. Shelton (Reappointment) Mr. Lloyd Pullam (Reappointment) Mrs. June Wilkerson (Reappointment) Term to Expire 8/23/80 8/23/80 8/23/80 8/23/80 8/23/80 Mayor Pro Tem Gulley commented that he will make his appointment to thea,, Ad Hoc Committee to consider the formation of an advisory committee for the Multi - Cultural Center next week. Mayor Lozano called for the City Manager's Reports. Assistant City Manager Archie N. Walker requested that the Council consider Item "e" first since there is a need to pass the ordinance associated with this item in order to file notice in the Office of the Nueces County Clerk this afternoon. Assistant City Manager Walker recommended that: e. The preliminary assessment roll for street improvements for the following_; streets: (1) Chippewa Street from Duncan Avenue to Francesca Street; (2) Coleman and Morris Streets from Duncan Avenue to Harmon Street; (3) Dolores Avenue and Harmon Street from Ruth Street to Agnes Street. (4) Duncan Avenue from Highland Avenue to Agnes Street; (5) Marguerite Street from Duncan Avenue to South Port Avenue; (6) Mary Street from Francesca Street to South Port Avenue; (7) Ruth Street from Francesca Street to Highland Avenue; and (8) Sunrise Avenue from Duncan Avenue to Ruth Street be adopted and the public hearing on the assessments be held at 7:00 Wednesday, September 20, 1978, at the Zavala Elementary School. The assess`,=!'a ment roll has been prepared in accordance with the current assessment pol.W' based on the low bid of Isles Construction Company. Mayor Lozano noted that the date recommended for this public hearing„i,' l reg. Wednesday, which is the day on which the Regular Council meetings are conducted, 4' requested that no public hearing on zoning applications be scheduled for thip fiat Assistant City Manager Walker assured him that the staff will comply with; this request. Motion by Holt that the City Manager's Report Item "e” be accepted, see'o❑`ded M_ 3 Regular Council Meeting August 23, 1978 Page 3 ORDINANCE NO. 14460: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Chippewa Street from Duncan Avenue to Francesca Street; 2. Coleman and Morris Streets from Duncan Avenue to Harmon Street; 3. Dolores Avenue and Harmon Street from Ruth Street to Agnes Street; 4. Duncan Avenue from Highland Avenue to Agnes Street; 5. Marguerite Street from Duncan Avenue to South Port Avenue; 6. Mary Street from Francesca Street to South Port Avenue; 7. Ruth Street from Francesca Street to Highland Avenue; 8. Sunrise Avenue from Duncan Avenue to Ruth Street; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Assistant City Manager Walker continued with the presentation of the City Manager's Reports and recommended that: a. Bids be received at 11:00 a.m., Tuesday, September 19, 1978, for traffic signal equipment for signalization of the Ayers Street -Holly Road, Leopard - Westchester, Staples -Williams Drive intersections and installation of a midblock pedestrian signal on Lipan Street at the County Courthouse and the replacement of worn-out, obsolete equipment at 29 other intersections. Seven intersections are maintenance improvements with funds provided in the 1978-79 Traffic Engineering budget. The remaining projects are Street Bond fund pro- jects with funds available from the 1977 bond election. b. A bid award for one 300 Milliampre generator, console control, and certified X-ray tube for Food Handler's Division of the Health Department be made to TEXAS X-RAY COMPANY, Corpus Christi on the basis of low bid of $7,150.50. Bids were received from 4 firms. There is no price comparison as the City has not previously purchased a like item. c. Annual supply contracts be awarded as follows: (1) Pool and Wastewater treating chemicals to the following firms on the basis of low bid: DYNAMIC CHEMICALS Item 1 - 50 5 Item 2 -370-150 Item 6 -150 5 Item 7 - 16-140 Item 9 - 5 , Corpus Christi gal. containers of Concentrated Chlorine lb. cylinder of Gas Chlorine gal. containers of Muratic Acid lb. Deldrums Inhibited Muratic Acid gal. containers of Caustic Solution, 50% Total $ 150.00 9,583.00 133.50 184.00 296.00 $10,346.50 JONES CHEMICALS, INC., Houston, Texas Item 3 -500 - 100 lb. bags Light Soda Ash (briquettes) $ 4,480.00 Item 11-100 - 100 ib. bags Light Soda Ash (powder) 972.00 Total $ 5,452.00 McKESSON CHEMICAL CO., Corpus Christi Item 4 - 10 - 100 lb. Drum HTH (tablets) $ 839.80 Item 5 -500 lbs. Bicarbonate of Soda 97.25 Item 8 - 30 - 230 ib. Deldrums Sulphuric Acid 600.00 Item 10- 10 - 100 lb. Drums HTH (granular) 809.50 Total $ 2,346.55 GRAND TOTAL $18,145.05 Minutes Regular Council Meeting August 23, 1978 Page 4 With the exception of the items from Dynamic Chemicals, prices are sub- ject to fluctuation. Price comparison indicates an overall decrease of 13%. Bids were received from five firms. (2) Pipe repair clamps to the following firms on the basis of low bid: (3) TRANS-TEX SUPPLY COMPANY, San Antonio, Texas Lot I - 7 items of Full Circle Clamps & Repair Clamps for cast drum and Steel pipe Lot III - 30 items of Full Circle Clamps & Service Clamps with Welded Outlet for Asbestos Cement Pipe Lot V - 16 items of Steel Couplings Total THE FORD METER BOX COMPANY, INC., Wabash, Indiana Lot II - 3 items of Repair Clamps for Steel Pipe CLOW CORPORATION, Oskaloosa, Iowa Lot IV - 21 items of Bronze Service Saddles CORPUS CHRISTI PIPE AND SUPPLY COMPANY, Corpus Christi Lot VI - 4 items of PVC Couplings, Repair Clamps $ 6,330.01 59,335.51 6,248.58 $71,914.10 $ 161.70 $ 5,940.45 $ 319.14 DRESSER MANUFACTURING DIVISION, Bradford, Pa. Lot VII - 32 items of Clamps, Sleeves, Couplings and Adapters $ 9,215.18 GRAND TOTAL $87,550.57 Bids were received from 16 firms. Price on Lot VII is subject to fluc- tuation. Price comparison indicates an increase of 6.03%. Street Marking Materials to the following firms on the basis of low bid: WILLIAM ARMSTRONG SMITH COMPANY, East Point, Georgia Lot I - 6,500 Gals. of Traffic Marking Paint FLEX -O -LITE DIVISION, St. Louis, Mo. Lot II - 20,000 lbs. of Glass Beads Total $29,515.00 4,950.00 $34,465.00 All prices are firm for the contract period. On Lot I, the apparent low bid of $25,570.00, submitted by Southwestern Materials, and the alternate bid of $27,340.00, submitted by Pinkley and Associates, are not recommended as they do not meet the State of Texas Highway Depart- ment specifications as required by our specifications. Bids were received from 8 firms. A price comparison indicates an overall increase of 27%. A large portion of this increase is due to changing to a fast -dry, yellow paint from a slow -dry paint. (4) Lubricating Oil, Grease, Solvent, Anti -Freeze and Diesel Fuel Ill and 112 to the following firms on the basis of low bid meeting specifica- tions: SUSSER PETROLEUM COMPANY, Corpus Christi Lot I - 10,510 Gals. of Solvent Lot II - 20 items of Motor Oil, Chassis Grease, Trans- mission Fluid & Gear Lubricants $ 7,094.25 35,445.58 $42,539.83 • Minu,.as Regular Council Meeting August 23, 1978 Page 5 TEXACO, INC., Corpus Christi Lot III - 2,000 Gals. of Anti -Freeze $ 4,841.20 Lot IV - 300,000 Gals. of l/1 Diesel Fuel 132,900.00 Lot V - 270,470 Gals. of #2 Diesel Fuel .;117,822.82 Total $255,564.02 GRAND TOTAL $298,103.85 Price comparison indicates an increase of 4.47%. Prices quoted are subject to fluctuation. Bids were received from 6 firms. (5) Sewer tile and fittings be made to CORPUS CHRISTI PIPE AND SUPPLY COMPANY, Corpus Christi, on the basis of firm low bid of $62,808.44. Bids were received from two firms. Price comparison indicates an increase of 16.32%. d. The 4200 Block of West Theresa and East Theresa Streets, from Bloomington to Lolita Streets, be closed to vehicular traffic from 9:00 a.m. to 9:00 p.m., Sunday, November 5, 1978, so that Our Lady of Pillar Church may sponsor a Mexican Fiesta celebration. f. Trinity Engineering Testing Corporation be retained to provide testing ser- vices for the various phases of construction of Bayfront Plaza Convention Center project for $80,929.50. The testing services will include pier inspection and load testing; soil and hot -mix inspection; concrete and concrete reinforcement design and inspection; steel and welding inspection; and roofing inspection. No additional appropriation is necessary. Gulf Coast Testing Corporation be engaged to provide testing services during the Stage I construction of the Broadway Wastewater Treatment Plant to include concrete testing analysis of materials, subgrade testing pavement and pavement base for a total cost of $8,145. No additional appropriation is necessary as the contract award provided funds for laboratory testing. h. Authority be granted to submit a grant application to the Coastal Bend Council of Governments for $6,450 to purchase equipment for senior centers and meal sites. The local share is $2,150. The balance of the 1977-78 Senior Community Services grant will be returned to the General Fund and will be in excess of the $2,150 local share. g. i. The CPA firm of Gowland, Kincaid, Guy, Fancher & Davis be employed to audit the Tax Division for the year ending July 31, 1978. This firm audits the Corpus Christi Independent School District. The City has customarily ' employed the District's auditors for the Tax Division audit. Cost of the audit will be $1,500. J• 1t, The plans and specifications for the extension of Interceptor Sewers 34-A, Section 4 and 34-B, Section 1 be approved with authority to receive bids on September 20,1978. The project includes the extension of sanitary sewer trunk lines from the present location just south of I.H. 37 near Sharpsburg Road to Hearn Road. The trunk line is to be oversized to accommodate addi- tional flow from Wood River Subdivision near F.M. 624. Developers will pay a portion of the cost for oversizing. The sewer extension, which includes pipe sizes from 10" to 18", was in the 1977 bond program. The current bidding procedure for charter boat slips in the Marina be deleted. As adopted, if two or more charter boat owners desire to rent the same commercial slip, written notice is given the Marina Superintendent who sets a date at least 30 days thereafter to receive sealed bids. The highest bidder must agree to sign a one-year lease and pay three months of the lease in advance. The higher rate remains in effect after the one year until such time that the owner indicates a desire to be released from the agreement, at which time bids are again received for the slip. Charter boat slips will be assigned by the Marina Superintendent until such time as improvements are made to the existing slips and pilings when a new policy will be recommended. Minutes Regular Council Meeting August 23, 1978 Page 6 1. The South Staples Street Water Line Improvement project be accepted and final payment of $63,600.50 for a total of $648,168.34 be made to Asphalt Paving and Construction Company. This project is an EDA Public Works Grant project which provided for removal and replacement of the 24 -inch water main in South Staples from Weber Road to Annapolis and for the resurfacing of approximately 5,700 lineal feet of South Staples Street. The contractor exceeded his allotted contract time by 16 days, and because of material delivery problems a 16 -day extension is recommended. m. A public hearing on the closure of existing alleys in Blocks 9, 10, 11, and 12, Steele Addition (Duncan to Harmon) and in Block 8, Steele Addition (Harmon to Port) be held at 7:45 p.m. (or at the completion of the paving assessment hearing scheduled for 7:00 p.m.) at the Zavala Elementary School on September 20, 1978. The alleys are not open on the ground and the scheduling of both hearings concurrently will avoid costly property owner notification duplication. This area is included in the Ella Barnes Area Street Improvements, Unit 1A. n. Section 4-2 of the City Code be amended to provide for a fine of up to $50 for consumption of alcoholic beverages in any public place on Sunday between the hours of 12:15 a.m. and 12:00 noon and on all other days between 2:15 a.m. and 7:00 a.m. This will make the City Code consistent with State Law. o. Appeal procedures from the decision of the Civil Service Board be established. P• A resolution be passed endorsing the construction of a recreation center for the handicapped on five acres of land in Greenwood Park directly north of the swimming pool by the Johnny Rodriguez Life Enrichment Center. The Johnny Rodriguez Center proposes to construct the facility entirely at its own cost and donate it to the City upon completion with the under- standing that the City will then lease it to a non-profit organization for operation. If the facility should be leased to the Johnny Rodriguez Life Enrichment Center, the Center agrees to operate and maintain the facility entirely at its own expense. Mayor Lozano called for comments or questions from the City Council on the City Manager's Reports. Council Member Eolt referred to Item "d" and inquired if residents in the area of the proposed street closing on West and East Theresa Streets were contacted to be sure that they are agreeable to the temporary street closing. Assistant City Manager Walker assured him that they were but explained that most of the adjacent property belongs to the City. In regard to Item "n" which concerns consumption of alcoholic beverages in public places during certain hours, Council Member Sample asked i{; this ordinance establishes a fine for violation. Assistant City Manager Walker explained that the City's present ordinance authorizes a fine of up to $200, whereas, the State Mme. _es Regular Council Meeting August 23, 1978 Page 7 law authorizes a fine of $50; they efore, this ordinance is designed to amend the City Code so that the City fine will be in compliance with State law. He also pointed out that the passage of the ordinance at this time will call attention to the fact that such a law exists and might deter consumption of alcoholic beverages in public parks after hours. Mayor Lozano commented that if this ordinance is enforced, many of the existing problems will be eliminated. Mayor Pro Tem Gulley referred to the ordinance on swimming fees and inquired if the fee for life-saving instruction would remain at $10.00. Assistant City Manager Walker stated that the $10.00 fee is in existence at this time; there- fore, it is not necessary to amend the ordinance as it is being considered today. Council Member Diaz suggested that in the future, all fees be reviewed possibly every five years to determine whether or not an increase is warranted rather than increasing so many fees when income is low. Assistant City Manager Walker pointed out that normally fees are not increased unless it is absolutely necessary. Mayor Lozano called for comments from the audience on the City Manager's Reports. Mr. Jeff Burnham, 101 Frio, Portland, Texas, spoke in regard to Item "k", which proposes the deletion of the current bidding procedure for charter boat slips, and stated that he feels that this is a little unfair in that it is now designed to generate funds for the City, and in his case, the bidding process is already in effect. Assistant City Manager Walker explained that the ordinance related to this item stops the current bidding procedure, and the staff felt that the deletion of the current bidding procedure should be done to eliminate problems associated with the bidding procedure. He stated that the current procedure should be eliminated at this time to enable the staff to set forth a proper bidding procedure, follow- ing which a recommendation will be forthcoming. Discussion followed on this matter, and Council Member Holt stated that he would like to have a recommendation from the staff on the proper bidding procedure Minutes Regular Council Meeting August 23, 1978 Page 8 within two weeks, and other Council Members agreed to this timetable so as not to "inconvenience the charter boat owners any longer than necessary. Assistant City Manager Walker agreed that a recommendation will be pre- sented to the Council in two weeks. Council Member Juarez inquired as to how many bids had been submitted, and Assistant City Manager Walker stated that the only one received was from Mr. Burnham, but it was for a charter boat slip that is currently leased. Captain Nathan B. Clark, 311 Seco, Portland, stated that his family has been in the charter boat business in the City for 24 years and that he would like to see the present system of the bidding procedure completely eliminated. He sug- gested that an auction process would be preferable, pointing out that under the current procedure, it is possible for someone else to bid on the slip he is leas- ing, thus forcing him to vacate the boat slip. Captain Clark noted that if this occurs, he might be unable to obtain a charter boat slip since there are only three slips on the T -heads large enough to accommodate his boat. Council Member Holt expressed the opinion that if a boat owner desired to bid on a slip and was willing to pay the City a higher rental, there is no reason why this should not be allowed. Captain Clark objected to this process because he feels that it is unfair for a boat owner who has been conducting a business for many years to be forced out of business because he is unable to obtain an adequate slip. Assistant City Manager Walker summarized by stating that a recommendation will be presented in two weeks. Mr. Jim Woolsey, 4630 Wooldridge, addressed the Council in regard to the increase in swimming pool fees, objecting to the $0.60 charge. He stated that he and his wife both swim daily, which becomes quite expensive at this increased fee. Council Member Holt inquired if the Parks and Recreation Department had a family rate or an annual rate for the swimming pools. Mr. Terry Dopson, Director of Parks and Recreation, replied that the City does not have either type of p1atr. Mr. Woolsey suggested that a season ticket type of system be considered for citizens who swim daily who desire to take advantage of some type of special rate, pointing out that such a method would assure the City of a certain income s Regular Council Meeting August 23, 1978 Page 9 whether the season ticket is used daily or less often. Mayor Pro Tem Gulley agreed that an annual season ticket should be con- sidered. Council Member Gill suggested that a family rate also be considered, particularly for families in the lower income brackets. Mr. Dopson informed the Council that his department has received requests for both family rates and season or annual rates. Assistant City Manager Walker assured the Council that this matter will be investigated and a report provided. He suggested that the ordinance be con- sidered as it is written today, and if changes are approved to establish season or family rates, the ordinance could be amended at a later date. Mrs. Martha Chavez thanked the Council for agreeing to close East and West Theresa Streets so that the Mexican Fiesta celebration could be conducted. Mr. J. P. Luby, 310 Aberdeen, spoke on behalf of the Johnny Rodriguez Life Enrichment Center and urged that the Council pass the resolution in connec- tion with the construction of this center in Greenwood Park. There were no further comments in regard to the City Manager's Reports. Motion by Holt that the City Manager's Reports, Items "a" through "p," with the exception of Item "e" which had been approved earlier during the meeting, be approved; seconded by Diaz; and passed unanimously. Assistant City Manager Walker presented the following Motions to Amend for Council consideration: a. Amend, prior to third reading, the ordinance leasing an additional 1,263 square feet of unfinished space on the second floor of the new Tower Build- ing at the Airport to the National Weather Service through June 30, 1981 from a rental fee of $4.80 to $4.46 per square foot per year, or $7,143.40 per year to $6,713.98. The initial rental rate was based on an estimated expenditure by the National Weather Service of $9,100 to complete the unfinished office space for use. Actual cost for the refinishing has been $14,180.64, and it is recommended that the rental rate be recalculated to allow the National Weather Service to amortize this additional expenditure. (First Reading - 7/19/78; Second Reading - 7/26/78) b. Amend, prior to. third reading, the ordinance on swimming fees to provide for daily swimming fees at all pools of 600 for adults and 25c for children. (First Reading - 7/26/78; Second Reading - 8/2/78) Motion by Sample, seconded by Holt, and passed unanimously that the ordi- nance authorizing execution of Supplemental Agreement No. 1 to Lease No. 06-6-021- 61037 with the United States of America, Department of Commerce, National Weather Service, for use of approximately 1,663 square feet of usable space on the second floor of the Tower Building at the C.C. International Airport, read on the first Minutes Regular Council Meeting August 23, 1978 Page 10 two of three readings on July 19, 1978 and July 26 prior to the third and final reading as follows: A. Amend the Supplemental Agreement No. 1 changing the figure of $6,062.64 to $5,632.98, and to $6,713.98. , 1978, respectively, be amended by amending Paragraph 3, by changing the figure of $7,143.40 B. Amend the said Agreement by amending Paragraph 5, by changing the figure of $7,143.40 to $6,713.98, and changing the figure of $595.28 to $559.50. Motion by Sample, seconded by Holt, and passed unanimously, that the ordi- nance establishing Section 36-7, "Swimming Fees," in the Corpus Christi City Code, read on the first two of three readings on July 26, 1978 and August 2, 1978, respec- tively, be and the same is hereby amended prior to the third and final reading as follows: A. Daily Swimming fees at all pools shall be 60C for adults and 25C for children. * * * * * * * * Mayor Lozano called for presentation of the ordinances. Assistant City Manager Walker briefly explained the ordinances. Mayor Lozano called for comments from the Council on the ordinances. Council Member Gill inquired if the ordinance listed as "s", establish- ing procedures for appeal to the City Council from Civil Service Board decisions, should be on an emergency basis or on three readings. Assistant City Manager Walker stated that he would like to have this approved on an emergency basis because there is an appeal currently pending at this time, and if the ordinance is passed today, this appeal can be presented to the Council more quickly. City Attorney Aycock stated that the ordinance is just designed to set up a new procedure to follow. Discussion followed by the Council, and Mayor Lozano agreed that he would allow the ordinance to be passed on an emergency basis. In regard to Ordinance "f", concerning the contract for concession rights at the Bayfront Plaza Auditorium, Council Member Gill inquired if this item was bid, and Assistant City Manager Walker assured her that it was. Council Member Gill then referred to Ordinance "k" which authorizes an agreement with the Nueces County Community Action Agency for use of the Meadow Park Annex Building, and inquired as to which entity will maintain the building. M. 3 Regu�ar Council Meeting August 23, 1978 Page 11 Assistant City Manager Walker replied that the City will maintain the interior of the Senior Citizens area; the Community Action Agency will maintain the other areas; and the utilities will be divided between the two entities, not- ing that the City has a contract to that effect. Council Member Sample referred to Ordinance "g" prohibiting smoking in the Council Chambers and inquired if the staff has signs ready to be posted next week when the ordinance is approved on third reading, and Assistant City Manager Walker replied that the signs will be postedafter the ordinance is finally approved. There was no further discussion by the Council or members of the audience. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC CHURCH, ON NOVEMBER 5, 1978, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 4200 BLOCK OF WEST THERESA AND THE 4200 BLOCK OF EAST THERESA, FROM BLOOMINGTON TO LOLITA STREET, TO VEHICULAR TRAFFIC FROM 9:00 A.M. TO 9:00 P.M., ON SUNDAY, NOVEMBER 5, 1978, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR ShvaRANCE. 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". SECOND 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 second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".' SECOND 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 second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 23, 1978 Page 12 SECOND 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; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "Nay". SECOND 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 second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: PROHIBITING SMOKING IN THE CITY COUNCIL CHAMBERS OF THE CITY OF CORPUS CHRISTI, TEXAS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Juarez, and Sample voting "Aye"; Gulley, "Nay"; and Holt, "abstaining". ORDINANCE NO. 14461: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING & PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. CHIPPEWA STREET FROM DUNCAN AVENUE TO FRANCESCA STREET; 2. COLEMAN AND MORRIS STREETS FROM DUNCAN AVENUE TO HARMON STREET; 3. DOLORES AVENUE AND HARMON STREET FROM RUTH STREET TO AGNES STREET; 4. DUNCAN AVENUE FROM HIGHLAND AVENUE TO AGNES STREET; 5. MARGUERITE STREET FROM DUNCAN AVENUE TO SOUTH PORT AVENUE; 6. MARY STREET, FRANCESCA STREET TO SOUTH PORT AVENUE; 7. RUTH STREET FROM FRANCESCA STREET TO HIGHLAND AVENUE; 8. SUNRISE AVENUE FROM DUNCAN AVENUE TO RUTH STREET DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD IN THE AUDITORIUM OF ZAVALA ELEMENTARY SCHOOL, 3102 HIGHLAND AVEN[E,ON SEPTEMBER 20, 1978, AT 7:00 P.M., IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". s Regular Council Meeting August 23, 1978 Page 13 THIRD READING - ORDINANCE N0. 14462: ADOPTING AID AMBULANCE SERVICE RATES; PROVIDING FOR A SUPPLEMENTARY OXYGEN CHARGE; PROVIDING AN EFFECTIVE DATE. 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. 14463: 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 N0. 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 "B", AND MADE A PART HEREOF. 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. 14464: 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 THE 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE N0. 14465: 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14466: ESTABLISHING SECTION 36-7 TITLED "SWIMMING FEES" IN THE CORPUS CHRISTI CITY CODE, 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". Minutes Regular Council Meeting August 23, 1978 Page 14 ORDINANCE N0. 14467: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A GRANT TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE TITLE V MULTIPURPOSE SENIOR CENTERS PROVIDING FOR FUNDING IN THE AMOUNT OF $6,450 FOR THE PURPOSE OF ACQUIRING EQUIPMENT FOR USE IN THE SENIOR CENTERS AND MEAL SITES, ALL AS IS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; MARKED EXHIBIT "A"; AND 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. 14468: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1973, 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 SOUTHVIEW CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF STARCREST PLACE NO. 1 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "abstaining". ORDINANCE NO. 14469: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 13889, BY AMENDING SEC. 12-61, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE - SCHEDULE AND REGULATIONS", SUBSECTION 2(h), BY DELETING CURRENT BIDDING PROCEDURES FOR CHARTER BOAT SLIPS IN THE MARINA; REPEALING ALL ORDINANCES, IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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. 14470: AMENDING THE CORPUS CHRISTI CITY CODE, SECTION 4-2, CHAPTER 4, ALCOHOLIC BEVERAGES, TO PROVIDE A PENALTY OF A FINE UP TO $50 UPON CONVICTION FOR VIOLATING THIS SECTION OF THE CITY CODE; 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". RESOLUTION NO. 14471: ENDORSING THE CONCEPT OF A RECREATION CENTER FOR THE HANDICAPPED IN THE CITY OF CORPUS CHRISTI TO BE OPEN TO THE PUBLIC AND TO BE OPERATED ON A NONPROFIT BASIS AND OFFtRING ASSISTANCE IN LOCATING A SUITABLE SITE FOR THE SAID RECREATION CENTER; 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. 14472: AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, ADMINISTRATION, BY ADDING A NEW SECTION, 2-38, ESTABLISHING PROCEDURE FOR APPEAL TO THE CITY COUNCIL FROM CIVIL SERVICE BOARD DECISIONS; 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". > Red__ar Council Meeting August 23, 1978 Page 15 Mayor Lozano recessed the meeting at 3:24 p.m. * Mayor Lozano reconvened the meeting at 3:37 p.m. and announced public hearings on three zoning applications. Assistant City Manager Walker asked Mr. Larry Wenger, Chief Planner, to present the zoning cases to be considered. Chief Planner Wenger announced the public hearing on Application No. 778-5, Mr. R. James Via, Jr., for change of zoning from "R -1B" One -family Dwelling Dis- trict to "AB" Professional Office District on the west side of South Staples Street approximately 550 feet north of Annapolis Drive. Mr. Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. He stated that both the Planning Commission and the Planning Staff recommend denial of "AB" zoning but in lieu thereof that a special permit be approved allowing "AB" uses in accord- ance with a site plan with no automotive traffic through the property to Florida Avenue and a graduated screening fence on the north side. Mr. Wenger explained that it is recommended that the screening fence on the north side be graduated so that traffic can be seen from the subject lot for egress onto South Staples Street. Chief Planner Wenger informed the Council that the applicant plans to con- struct a beauty salon on this property. Be also stated that the site plan was approved by the Planning Commission on July 25, 1978, and the applicant has stated that he will accept the special permit. Speaking on behalf of the applicant was Mr. W.O. Bill Harrison, attorney, who explained that Mr. Via desires to retain the residence on the front portion of the property and to construct an office on the back portion. Mr. Harrison stated that the recommended special permit was contingent upon the removal of the remaining building, and since the site plan was approved by the Commission, the applicant has decided that he would like to place a little larger building than that approved as a part of the site plan submitted. He also stated that the applicant would really prefer "AB" zoning. Assistant City Manager Walker stated that the Council could approve the special permit with the stipulation that the building could be changed. Minutes Regular Council Meeting August 23, 1978 Page 16 Mr. Harrison pointed out that the special permit was recommended to allow all "AB" uses with certain restrictions. Chief Planner Wenger reminded the Council that the special permit would be restricted to the approved site plan and any changes are prohibited unless a new site plan is submitted and approved. Mayor Lozano called on Mr. Gene Peeples, representative of the Planning Commission, to comment on this application. Mr. Peeples stated that the Planning Commission had recommended a special permit because this is a small piece of property; they felt that the variance to the screening fence was necessary to avoid a traffic problem; and that it is his understanding that the Council can approve a revised site plan. He also explained that the special permit will allow any use of the proposed building for other uses allowed in "AB" zoning. No one spoke in opposition to this zoning application. Motion by Holt that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Holt that the request for change of zoning to "AB" be denied, but in lieu thereof, a special permit for Application No. 778-5 be approved subject to approval of a revised site plan; seconded by Diaz; and passed unanimously. Chief Planner Wenger announced the public hearing on Application No. 778-2, Mr. William B. Ogletree, for change of zoning from "A-1" Apartment House District on Lot 4 and "A-2" Apartment House District on Lot 5 to "B-1" Neighborhood Business District between South Tancahua and South Carancahua Streets, approximately 87 feet north of Agnes Street. 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. He stated that the applicant plans to provide an office building on this property with the type of sign permitted in "B-1" zoning. Chief Planner Wenger informed the Council that both the Planning Commission and the Planning Staff recommend denial of the "B-1" zoning and in lieu thereof, "AB" zoning be approved with the sign to be in compliance with the requirements as allowed in "AB" zoning. • D 3 Reg..�ar Council Meeting August 23, 1978 Page 17 No one spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gulley that the request for change of zoning on Application No. 778-2 to "B-1" be denied, but in lieu thereof, "AB" zoning be approved; seconded by Sample; and passed unanimously. Chief Planner Wenger announced the public hearing on Application No. 778-7, Mr. H. R. Howard and Mr. James W. Wray, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on the east side of Denver Street, approximately 100 feet south of Rossiter Street on Lot 37-R and the west 47 feet of Lot 25-R, Block 14, Ocean Drive Cliffs. Mr. Wenger located the property on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. He informed the Council that the applicants plan additions to townhouse development on adjoin- ing property on Ocean Drive on this tract of land. Chief Planner Wenger stated that both the Planning Commission and the Planning Staff recommend denial of "A-1" but in lieu thereof, approval of "R-2" which would be less intense use and would serve as a transition zone between the apartment uses and the single-family residential use. Council Member Holt noted from the zoning summary that one property owner expressed concern about this change of zoning. Assistant City Manager Walker stated that one letter in opposition expressing concern about increased traffic had been received. One of the applicants, Mr. H. K. Howard, addressed the Council and reminded them that he and his partner are currently constructing townhouses on Ocean Drive, and this adjoining property will just be an extension of that pro- ject. He requested that the Council consider the fact that residential use at this location would not be feasible. No one else spoke in regard to this zoning application. Motion by Holt that the hearing be closed, seconded by Juarez, and passed unanimously. Minutes Regular Council Meeting August 23, 1978 Page 18 Motion by Holt that the Council concur with the recommendation of the Planning Commission and that the request for "A-1" zoning be denied, but in lieu thereof, "R-2" zoning be approved on Application No. 778-7; seconded by Juarez; and passed unanimously. * * * * * * * * '.r Assistant City Manager Walker presented the ordinances effectuating the changes of zoning approved by the Council and stated that the ordinance approving the special permit for Mr. James Via, Jr. will be presented to the Council as soon as a revised site plan is submitted. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14473: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF WILLIAM B. OGLETREE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 AND 5, BLOCK 2, BRAYTON SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND "A-2" APARTMENT HOUSE DISTRICT RESPECTIVELY TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14474: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H. K. HOWARD AND JAMES W. WRAY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 37-R AND THE WEST 47 FEET OF LOT 25-R, BLOCK 14, OCEAN DRIVE CLIFFS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance 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. ` Min. Regular Council Meeting August 23, 1978 Page 19 Mr. John Stensland, 337 Primrose Drive, addressed the Council and referred to the discussion during the morning Workshop Meeting in regard to the slip rental contract for the Marina. He stated that as a part of the contract, he felt that a provision should be included whereby boat owners should receive a pro rata share of rental now collected by the City when boatslipstemporarily vacated by the lessee are rented to transient boat owners. Mr. Stensland also questioned the provision included in the contract whereby the Marina Superintendent determines which boats must be removed from the Marina when a hurricane is in the area. Assistant City Manager Walker explained that this matter was discussed so that the Council would be aware of the terms of the contracts with boat owners. He stated that even though boat owners rent slips, the Marina property still belongs to the City; therefore, the staff feels that when the slip is unoccupied, the City should be able to lease the slip to transient boat owners and they are opposed to a pro rata charge being returned to the lessee of the boat slip. In reply to Mr. Stensland's question in regard to the actions of the Marina Superintendent during hurricanes that threaten the Marina, Assistant City Manager Walker stated that it is the Superintendent's responsibility to determine which boats should be removed to prevent damage to the dock area of the Marina. Mr. Walker stated that the staff already has the authority to proceed with the contracts including these terms, and the presentation during the Workshop Meet- ing was just to make the Council aware of the procedure. He further stated that if the Council agrees, these procedures will go into effect October 1, 1978. Council Member Holt indicated that he agreed that if the boat slips are sub -leased, the City should receive the funds realized. Council Member Gill suggested that some incentive be considered to encourage the boat owners to inform the Marina Superintendent when they will be out of town for some time. Assistant City Manager Walker assured Mrs. Gill that this is a requirement with which the boat owners must comply at this time. There being no further business to come before the Council, on motion by Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 4:26 p.m., August 23, 1978. 4