HomeMy WebLinkAboutMinutes City Council - 09/27/1978PRESENT:
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
SEPTEMBER 27, 1978
2:00 P. M.
*Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz City Manager R. Marvin Townsend
Ruth Gill City Attorney J. Bruce Aycock
Joe Holt City Secretary Bill G. Read
Edward L. Sample
Mayor Pro Tem Bob Gulley called the meeting to order in the Council Chambers
in the temporary absence of Mayor Gabe Lozano, Sr., who was conducting business in
his office.
The invocation was given by the Reverend Barcus Moore of St. John's United
Methodist Church.
*Mayor Lozano arrived at the meeting at 2:05 p.m.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally consti-
tuted meeting.
Motion by Sample that Council Member Tony Juarez, Jr., who was ill, be
excused for just cause; seconded by Holt; and passed unanimously.
* * * * * * * * * *
Mayor Lozano announced the presentation by representatives of the Corpus
Christi Ballet Theater concerning the Nutcracker Ballet.
Mrs. Betty Roquemore, 490 Carmel, Artistic Director of the Corpus Christi
Ballet Theater, spoke on behalf of this organization. Mrs. Roquemore explained
that the Theater is a non-profit organization and none of the participants are
compensated for their services. She explained that they have performed the
Nutcracker Ballet in the City of Corpus Christi for the past four years, and
they felt that this performance has become a Christmas tradition both locally
and regionally. Mrs. Roquemore further explained that many people are involved
in the annual'performance of this ballet, including Girl Scouts, children clients
of MH -MR, and hundreds of dancers involved in the Ballet Theater. She informed
the Council that as a result of the performances of the dancers, some of them
Minutes
Regular Council Meeting
September 27, 1978
Page 2
have been awarded scholarships for college because of the experience they have
received.
Mrs. Roquemore continued by pointing out that the Nutcracker Ballet perfor-
mance has been advertised in the local tourist publications which would indicate
that the annual ballet is a tourist attraction.
Mrs. Roquemore informed the Council that even though the performances of
the Nutcracker Ballet are always sold out, this does not totally fund the project.
She stated that the Theater group does not have enough funds to pay the expenses
of the performance this year, and they are therefore requesting that the City
assist the group with the expenses for the first time. Mrs. Roquemore also
explained that the Ballet Theater proposes to have a presentation of the Nutcracker
Ballet to be attended by minority school children at no charge to provide those
who would not ordinarily be able to afford to attend the ballet an opportunity to
experience the beauty of this form of the dance and the symphony.
Also speaking on this matter was Mr. Roland Garcia, Vice President of the
Board of the Corpus Christi Ballet Theater. Mr. Garcia stated that he would like
to address the request for funds from a business standpoint. He stated that the
Nutcracker Ballet is a very special type of program that is never seen by under-
privileged minority children unless a performance is presented at no charge, and
the Ballet Theater plans to provide tickets at no charge to a large number of
schools that are primarily attended by minority children. He stated that they
would like to request that the City underwrite the ballet performance in the
amount of $7,800, but pointed out that it may not even be used, dependent upon
donations that may be obtained from private donors. He stated that if the Council
approved this request and funds were allocated, the Ballet Theater plans to return
any funds that are not expended.
Council Member Gill inquired if the paid performances are completely sold
out, would the receipts pay the expenses of the presentation of the Nutcracker
Ballet.
Mrs. Roquemore stated that if the performances are sold out in the new
Community Auditorium, any deficit that they might have would be greatly reduced,
but she pointed out that the cost of advertising is a very large expense even
Minutes
Regular Council Meeting
September 27, 1978
Page 3
though the newspapers and some radio stations will provide media coverage at no
charge.
Council Member Gill then inquired about their plans for distributing infor-
mation to the school children in regard to the free performance, and Mr. Garcia
replied that they do plan to appoint a group to contact the underprivileged minor-
ity students through the schools.
Council Member Gill also pointed out that transportation for the children
for the free performance would be vital, and Mr. Garcia stated that the Ballet
Theater might attempt to arrange for buses to provide transportation but expressed
the opinion that the children desiring to attend this performance would be able
to arrange for transportation through relatives or friends.
Council Member Holt stated that he is opposed to the City's underwriting
any kind of project and expressed the opinion that such action might not even be
legal. He explained that if the City had been asked to provide a specific service
in connection with the Nutcracker Ballet, he would consider such expenditure of
public funds. Mr. Holt further suggested that funding should emanate from private
businesses and organizations and expressed the opinion that the board of the Ballet
Theater should make every effort to obtain funding in this manner.
Mrs. Roquemore took exception to Council Member Holt's statement that the
City could not underwrite a project, reminding the Council that they had just
recently approved funds for the Padre Isles Tennis Tournament.
Council Member Holt pointed out that this expenditure was for a specific
service, which was for television coverage of the tennis matches.
Council Member Gill disagreed, stating that the contract with the Corpus
Christi Area Tourist and Convention Bureau was specifically for funding of tele-
vision coverage and if the plans for televising the tennis matches did not mater-
ialize, the funds would not be used.
Mr. Garcia stated that the Ballet Theater could have requested allocation
of funds for a specific purpose, but they preferred not to use municipal funds
unless it was necessary; therefore, they were making their request for the City
to underwrite the performance in the hope that the funds would not have to be used.
Minutes
Regular Council Meeting
September 27, 1978
Page 4
Mr. Garcia assured the Council that the Ballet Theater would make every effort to
obtain funds for expenses from other sources, but since it is unknown just how
much money they will be able to obtain, they would like to have the Council agree
to underwrite the project in the amount of $7,800 today so that the group can com-
plete their plans for the performance of the Nutcracker Ballet.
City Manager R. Marvin Townsend explained that if the Council agreed to
participate in funding the Nutcracker Ballet, the City would have to work out a
contract for the purchase of specific services.
Mr. Garcia pointed out that he understood that the Council had designated
one-half of 1% of the hotel -motel tax fund for the furtherance of the arts and
suggested that an allocation of funds could be made from this source for the
support of the Nutcracker Ballet.
City Manager Townsend agreed that there is an unallocated amount in the
hotel -motel tax fund for furtherance of the arts.
Mrs. Roquemore inquired if a specific value could be placed on the free
performance of the ballet which could be funded by the City, and City Manager
Townsend stated that the City would be required to purchase a specific service
if the Council approves the funding.
Council Member Holt inquired if the City does not approve the funding,
if the Ballet Theater would be able to present the Nutcracker Ballet, and Mrs.
Roquemore indicated that she did not believe that they could.
Council Member Holt then asked if the Ballet Theater would request such
funding every year. '
Mrs. Roquemore explained that it is possible that funding through a State
or Federal grant might be obtained next year.
Council Member Holt suggested that it might be possible for the group to
request that business firms and private organizations purchase tickets for use
by children to attend the free performance, thus providing funds similar to the
method used for the Shrine Circus.
Mr. Garcia stated that he does not believe that there are enough people
in Corpus Christi who would participate in such donations.
M as
Regular Council Meeting
September 27, 1978
Page 5
Mrs. Roquemore stated that the Ballet Theater representatives were under
the impression that funding could be provided from the one-half of 1% of the hotel -
motel tax fund and inquired about the total available in the fund.
City Manager Townsend stated that approximately $46,000 is in this fund
for the 1978-79 budget and pointed out that the percentage involved is one-half of
1% of the 4% tax.
Mayor Pro Tem Gulley indicated that it was his opinion that the intent of
this percentage was to allocate the one-half of 1% for permanent art in public
places that would benefit everyone in the City, as well as visitors, rather than
providing funds for one performance such as the Nutcracker Ballet.
Council Member Gill disagreed, stating that support of a performance of
the Ballet Theater would be a proper expenditure.
Also speaking in regard to this request was Mr. Larry Roquemore, Co -
Artistic Director of Corpus Christi Ballet Theater, who stated the resolution
pertaining to the designation of a percentage for furtherance of the arts was
written in such a manner that funds could be appropriated from the hotel -motel
tax fund for this purpose. Mr. Roquemore also pointed out that there are many
children in the City who have never been exposed to the beauty of a ballet perfor-
mance, and the proposed free performance would provide an opportunity for them to
do so.
After further discussion, Council Member Diaz moved that the City under-
write the performance of the Nutcracker Ballet in the amount of $5,000, according
to a contract that will be prepared for a specific service. The motion was
seconded by Council Member Gill.
Council Member Holt inquired of Mrs. Roquemore as to whether or not $5,000
would be sufficient to enable the Ballet Theater to present the program, when they
had requested $7,800.
Mrs. Roquemore replied that they would make every attempt to do so and that
they would probably be able to.
Council Member Holt then inquired if the program could be undertaken with
$3,000 from the City. Mrs. Roquemore indicated that she did not believe that it
could be presented with an allocation in that amount.
Minutes
Regular Council Meeting
September 27, 1978
Page 6
Mayor Pro Tem Gulley reminded the Council that they had previously charged
the Municipal Arts Commission to recommend projects on which the one-half of 1% of
the hotel -motel tax should be allocated; the Council instructed the Commission to
investigate the possibility of providing sculpture for the Bayfront Plaza Convention
Center; and stated that he is of the opinion that the fund should be spent on this
type of art. Mr. Gulley then stated that he was opposed to the motion under con-
sideration.
Council Member Holt also stated that he is opposed to the motion, because
he feels that it is wrong to spend taxpayers money in this manner.
Council Member Gill spoke in support of the motion, stating that property
taxes will not be expended if the funds are allocated from the hotel -motel tax fund;
this is a legitimate use of this fund; the Municipal Arts Commission has not yet
completed their recommendations in regard to how the funds from this source should
be used; and that she felt that the quality of the Ballet Theater's production of
Nutcracker Ballet is so outstanding that it should be encouraged by the City and
funded in the amount as suggested.
Council Member Sample stated that the Council is often forced to make
painful decisions, and although he appreciated the presentation made by the repre-
sentatives of the Ballet Theater, there are a number of other organizations that
have requested funding which the Council has not been able to provide. Mr. Sample
expressed the opinion that private funding should be sought rather than public
funding. He also reminded the Council that during the many workshop meetings con-
ducted to discuss the budget, he had pointed out that funding for so many organi-
zations just could not be provided. Re indicated that he would be glad to per-
sonally assist the Ballet Theater in their efforts, but that he felt that he must
vote against the motion to provide City funds.
Mayor Lozano called for the vote on the motion, and it failed to pass by
the following vote: Lozano, Diaz and Gill voting "Aye"; Gulley, Holt and Sample
voting "Nay."
* * * * * * * * * *
Mayor Lozano announced that the next item on the agenda was a public hear-
ing on the request of the residents of Robb Drive to change the name of that street
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Regular Council Meeting
September 27, 1978
Page 7
to Robby Drive to avoid confusion with another street in the City named Robb Place.
Mayor Lozano ascertained that no one in the audience was present to express opposi-
tion to the proposed name change.
City Manager Townsend explained that the request for the street name change
was from a number of residents who reside on Robb Drive, who had for a number of
years called the street Robby Drive. He further explained that the legal name of
the street according to the approved plat was Robb Drive, and the proposed action
is just to clarify the name of the street.
Speaking in favor of the street name change was Mrs. Elizabeth Price, 4309
Loma Alta.
No one spoke in opposition to the street name change.
Motion by Sample that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Sample that the street presently designated as Robb Drive be
changed to Robby Drive, seconded by Diaz, and passed unanimously.
* * * * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items and recommended that:
a. A public hearing be held at 3:30 P.M. during the Regular Council Meeting
on October 25, 1978 on the following zoning applications:
(1) Mr. Bill R. Murray, Jr.: "B-4" & "R -1B" to "I-2", located on the
north side of Padre Island Drive, approximately 175 feet east of
Hamlett Drive.
(2) Mr. Johnny Wilson, et al: "F -R" to "I-3", located on the south side
of S. H. #44, east of NAS Railroad.
(3) Mr. & Mrs. Hilario Puente, Sr.: "R -1B" to "A-1", located on the west
side of Angela Drive, approximately 100 feet north of Bloomington Street.
b. A public hearing be held at 3:30 p.m. during the Regular Council Meeting
on November 1, 1978 on the following zoning applications:
(1) William S. Hopkins & Company, Inc.: "A-1" to "A-2", located on the
north side of Coleman Street, between Tancahua and Carancahua Streets.
(2) Mr. Richard Lundstrom: "F -R" to "I-2", located on the northeast corner
of Suntide Road and Bearden Drive.
(3) Mr. Winifred Simon: "R -1B" to "I-2", located on the east side of
Navigation Boulevard, north of Bear lane.
c. 12,896 various sizes and types of electric: and 218 various sizes and types
of projection lamps, be purchased from CONSOLIDATED ELECTRIC, Corpus Christi,
on the basis of low bid of $17,575.43. Bids were received from two firms.
Price comparison shows an increase of 8.8% on electric lamps. Projection
lamps have not been previously purchased by competitive bid. This was a
cooperative bid with the Corpus Christi Independent School District who
received the bids.
Minutes
Regular Council Meeting
September 27, 1978
Page 8
d. An amendment to the contract with the Texas Department of Water Resources
for City -County laboratory services on a charge -for -service basis be
approved to increase the contract from $30,000 to $40,000 for last year to
allow the City to recover the cost of analyzing additional samples submitted
by the State relating to uranium mining. The contract for 1978-79 is
also $40,000.
e. Value of $29,180 for a parcel of land for the off -ramp for Interstate
Highway 37 at McKinzie Road be approved. The property is outside the
City limits. The County will purchase the property directly from the
owner, Mr. Robert L. McKinzie, on the basis of the appraisal.
f. Plans and specifications for construction of Sacky Drive from west of Bonham
Drive to Kostoryz Road be approved, bids be received on October 25, 1978,
and Urban Engineering be paid a fee of 7.5% of the construction cost if a
contract is awarded. Plans and specifications were prepared by Urban as
part of the planning of Ventura Plaza Subdivision. Ventura Plaza, Unit 5,
is now under construction on Sacky Drive west of Bonham. The subdivision
will complete development south of Sacky, but circulation of traffic will be
limited since Sacky Drive from Kostoryz to Bonham is not open on the ground.
Paving of this section from the new subdivision to Kostoryz will provide
better circulation to area residents. Assessments against abutting property
owners will be recommended. Right-of-way has been previously dedicated out
of adjoining subdivisions, but the pavement had to be deferred until the
storm sewer in Sacky Drive was extended through the area now being developed.
g. A public hearing be held during the 2 p.m. Council Meeting on October 11,
1978 on the City's recommendation to close portions of Johanna Street
adjacent to proposed Ventura Plaza Unit 5 Subdivision. The adjacent
property has now been platted in such a way that there appears to be no
need to extend Johanna Street from Kostoryz to Richter.
City Manager Townsend informed the Council that Items "f" and "g" are
related and located the area involved on a map. He stated that the developers of
Ventura Plaza Subdivision, Unit 5, Urban Engineering, had prepared the plans for
the construction of Sacky Drive from Bonham Street to Kostoryz Road, and the staff
feels that portions of Johanna Street adjacent to the proposed subdivision need not
be constructed and are, therefore, recommended for closure. Mr. Townsend also
explained that the construction of this portion of Sacky Drive will include the
usual assessments against abutting property owners and pointed out that Sacky
Drive will provide needed traffic circulation for the entire area.
h. Ordinance No. 14363, which granted two separate revocable easements to
Champlin Petroleum Company on June 28, 1978, be repealed, due to a change
in scope of the project by Champlin, and in lieu thereof, three revocable
easements be granted as follows:
(1) A revocable easement to Champlin Petroleum Company granting a 75'
right-of-way and easement across Academy Heights Park with the
City retaining the use of the Park, requiring Champlin to seed
and landscape the area cleared at a fee of $7,280 to be deposited
in the Park trust fund.
Minutes
Regular Council Meeting
September 27, 1978
Page 9 ,
(2) A revocable easement to Champlin Petroleum Company providing for the
crossing of 28 City streets with up to 12 pipelines extending easterly
paralleling Sedwick Road from the new petrochemical plant to Gibson
Lane and also branching north crossing Leopard Street to Up River
Road near Main Drive. The 12 lines range in size from 12 3/4" to 41"
diameter and will carry petroleum products. The fee is $21,670.60.
(3) A revocable easement be granted to South Texas Pipeline Company,
providing for the placing of one 6" and one 8" diameter pipeline in
portions of McKinzie Road right-of-way from 5,570 feet south of Kingsbury
Drive northerly to the Nueces River. The lines would carry ethylene
and propylene. The fee is $7,430.40.
The easements are needed to transport materials from the ethylene plant
of Champlin Refinery and other users. As part of (2), Champlin has
agreed to construct at its cost the extension of Dunn Lane to Navigation.
City Manager Townsend explained that this matter was previously considered by
the Council; there were some corrections that the staff felt should be made; there
have been some changes in the scope of the project; and the staff is requesting
that the entire matter be considered at this time. Mr. Townsend then explained
the proposed locations of the pipelines and the easements required.
i. The necessary contracts and agreements be executed to continue the
present Comprehensive Employment and Training Act (CETA) programs and
the Women, Infants, and Children (WIC) program at existing levels
beyond September 30, 1978, contingent upon legislation and funding.
Worksite agreements be extended with the Education Service Center and
Texas Youth Council for a continuation of 5 Title II Comprehensive
Employment and Training Act public service employment positions from
October 1, 1978 through December 31, 1978.
j•
Education Service Center 2 Positions
Texas Youth Council 3 Positions
These positions were recommended for extension on August 9, 1978
contingent on grant funding for the 1st quarter of FY 79.
k. Worksite agreements be extended with 21 public and non-profit community
agencies for a continuation of 119 (5 Sustainment and 114 Special Project)
Title VI Comprehensive Employment and Training Act public service employ-
ment positions from October 1, 1978 through December 31, 1978 with the
following agencies:
American Diabetes Association 1 Position
Coastal Bend Chapter Big Brothers/Big
Sisters of Nueces County 1 Position
Children's Heart Program of South Texas 1 Position
Cliff Maus Village Trust 6 Positions
Coastal Bend Association for the Mental
Health 2 Positions
Coastal Bend Business and Industrial
Development, Inc. 3 Positions
Coastal Bend Council on Alcoholism 3 Positions
Coastal Bend Halfway House for
Alcoholics, Inc. 6 Positions
Minutes
Regular Council Meeting
September 27, 1978
Page 10
Corpus Christi International Seamen's
Center
Crisis Intervention Service
Family Counseling Service•
Family Debt Counselors
HIALCO Neighborhood Center
Memorial Medical Center
Multiple Sclerosis Society
Coastal Bend Chapter
Nueces County
Nueces County Mental Health and Mental
Retardation Community Center
Texas Department of Human Resources
Texas Employment Commission
Texas Employment Commission (WIN Project)
Women's Shelter of the Corpus Christi
Area, Inc.
2 Positions
1 Position
1 Position
1 Position
2 Positions
7 Positions
2 Positions
70 Positions
1 Position
1 Position
4 Positions
1 Position
3 Positions
These positions were recommended for extension on August 9, 1978 contingent
on grant funding for the 1st quarter of FY 79.
1. Title II CETA contract modifications be extended with the West Oso and
Flour Bluff Independent School Districts extending the contracts from
October 1, 1978 to December 31, 1978. The contract amounts remain the
same providing for 10 existing positions with West Oso ($60,100) and 3
existing positions with Flour Bluff ($18,900).
m. Existing Title VI CETA contracts with the following agencies be modified
increasing or decreasing the amount of current contracts to extend posi-
tions from October 1, 1978 through December 31, 1978. Contract balances
resulting from the inability of contractors to recruit special project
employees or the termination of special projects are recommended for
reduction as the total City Title VI grant is based on actual expendi-
tures:
Calallen ISD 16 to 4 positions $112,000 to $64,500
Corpus Christi ISD 83 to 68 positions 596,800 to 509,800
Corpus Christi State School 85 to 73 positions 473,800 to 539,200
Del Mar College 3 to 3 positions 31,500 to 35,800
Flour Bluff ISD 21 to 13 positions 127,100 to 134,200
Japanese Art Museum 3 to 3 positions 18,500 to 25,400
Lulac Educational Service
Center 4 to 2 positions 53,200 to 56,300
Nueces County Community
Action Agency 17 to 17 positions 146,700 to 140,800
Tuloso-Midway ISD 3 to 3 positions 44,000 to 50,700
West Oso ISD 14 to 8 positions 106,800 to 93,100
The total number of positions are decreased from 249 to 194 and contract
funds are reduced from $1,710,400 to $1,649,800. Contracts with the
United Service Organization (2 positions - $22,300), Harbor Playhouse
(10 positions - $73,700), and March of Dimes (2 positions - $14,400) are
not recommended for refunding as the special projects have terminated.
In regard to Items "i" through "m", City Manager Townsend explained that
although funding has not been authorized for continuation of the CETA Title II and
Title VI funds by the legislature, it is anticipated that some funding will be
approved. He stated that the staff is recommending that the programs listed be
extended for the quarter beginning October 1, 1978 through December 31, 1978. Mr.
Townsend presented the Council with copies of a Mailgram from the Department of
Minutes
Regular Council Meeting
September 27, 1978
Page 11
Labor authorizing the prime sponsors to transfer from any other available CETA
resources to provide stop -gap funding as necessary for programs in which a shortage
of funds exists.
City Manager Townsend informed the Council that at the Consortium meeting
scheduled for Thursday, September 28, the Council Members and other representatives
will consider the entire area program, but as a City Council, there is a need to
approve the Title II and Title VI projects for the City of Corpus Christi. Mr.
Townsend then requested Mr. Rick Mertz, Administrative Assistant, to briefly
explain the recommended extension of projects and the method by which transfers
may be made from available CETA resources to balance funds for programs in which
a shortage exists.
Mr. Mertz explained the projected expenditures, the funds authorized, and
the unspent balance. He stated that as each program terminates, the unspent funds
may be used for other programs until the funding is approved. Mr. Mertz further
explained that the staff is basically requesting Council authority to continue
the existing programs beyond the termination date of September 30 through use of
unspent funds from other programs to allow the employees currently employed to be
paid. He also assured the Council that only CETA funds will be used for this
purpose.
n. A grant award of $40,000 from the Equal Employment Opportunity Commission
be accepted to continue the equal employment program in the City and to
develop a management support system designed to qualify the City as a 706
Agency. During the last contract year the personnel of Human Relations
investigated 67 charges and resolved 43. The present contract expires
10-31-78.
City Manager Townsend informed the Council that there is no commitment at
•
this time for the City to be designated as a 706 Agency.
Assistant City Manager Archie N. Walker further explained that the grant
application requires that we comply in order that the City may have an opportunity
to be designated as a 706 Agency. Mr. Walker stated that the City's existing pro-
gram provides for the staff to investigate the charges filed in regard to discrimi-
nation and subsequently send a recommendation to the San Antonio Office, whereas,
under the 706 Program, the City staff would investigate the charges and continue
the process up to the point of filing the case.
Minutes
Regular Council Meeting
September 27, 1978
Page 12
City Manager Townsend assured the Council that the decision to apply for
designation as a 706 Agency does not have to be made at this time but must be
made prior to the expiration of the contract. The $40,000 grant will provide
ample funds to staff the Human Relations Division.
Mayor Pro Tem Gulley referred to the practice of EEOC of only obtaining
statements from the employee and not the employer and inquired if statements will
be taken from the employers as well. City Manager Townsend replied that this
would be done in the future.
Assistant City Manager Walker informed the Council that the budget for
this activity actually contemplates $47,000, but City Manager Townsend stated
that the activity budget will not be increased from the $40,000 of the grant
award. He also stated that there is a vacancy in the division in the position
of director. -
o. Acquisition of Los Encinos Park on the east side of Greenwood Drive gen-
erally between Buenos Aires and Dorado Streets be approved according to
the following terms:
P•
(1) The owners voluntarily dedicate approximately 4 acres.
(2) The City acquire 3 acres for $30,750, including $13,000 severance
damages.
(3) The City agree to install an 8" water main through the property
(S5,000 Park Bond Fund) and pay 1.1 the cost of any street and related
curb, gutter, sidewalk and drainage improvements which may be built
adjacent to the park (now estimated at $25,000 - Street Bond Fund).
The November 8, 1978 bond sale be reduced from $6,000,000 to $5,000,000
by deleting$950,000of certificates of obligation for public safety equip-
ment and $50,000 of the $800,000 of street bonds scheduled to be sold. It
has become apparent that the Attorney General's approval of the sale of
certificates to provide cash to purchase 3 fire trucks ($450,000) and life
support communication equipment ($500,000) will not be received by November
8, 1978 and may not be received thereafter due to his office's interpreta-
tion of a Court of Civil Appeals case decided 15 days after the 1977 bond
election. Future sale of the certificates is still being reviewed and a
further report will be provided. If other developments occur prior to
November 8, 1978 which might affect the City's bond rating and resulting
interest costs, a further recommendation will be provided.
Mayor Lozano called for comments from the Council on the City Manager's
Reports.
Council Member Diaz referred to Item "e", which involves an off -ramp out-
side the City limits, and inquired as to why the City is involved in this.
City Manager Townsend replied that the County requested that this be
handled by the City in accordance with our usual procedure through our Property
and Land Acquisition Department; the contracts will be prepared and sent to the
Minutes
Regular Council Meeting
September 27, 1978
Page 13
County for execution; and the County will reimburse the City for the staff time
necessary for the procedure.
Mayor Pro Tem Gulley referred to Item "k" in regard to CETA Title VI
positions, particularly the listing of Cliff Maus Village Trust, and inquired
about the purpose of this organization.
City Manager Townsend explained that the Trust operates the housing pro-
ject at Cliff Maus Village, which is sponsored by an Episcopal Church, which is
a non-profit organization.
Mayor Pro Tem Gulley also referred to the 70 positions listed in this
same item for Nueces County and inquired if these are primarily construction
workers.
City Manager Townsend replied that this includes all of the workers
assigned to Nueces County and includes clerical type of positions and labor type
positions.
There were no questions from the audience on the City Manager Reports.
Motion by Holt that the City Manager's Reports, Items "a" through "p," be
accepted; seconded by Diaz; and passed unanimously.
* * * * * * * * * * * *
Mayor Lozano announced the public hearing on the closing of a portion of
Baymoor Boulevard lying between Lots 218 and 219 of Baymoor Addition and from
Ebony Street to the dead end at the Southwestern Oil Refinery Company's property.
City Manager Townsend requested the Council's approval to consider this
matter as a related item to the zoning application of Southwestern Refining
Company, Inc. to be considered as the second case of the public hearings sche-
duled for today.
City Manager Townsend then announced the public hearing on Application
No. 878-1, Loyal Order of Moose Lodge No. 734, for change of zoning from "R -1B"
One -family Dwelling District to "B-4" General Business District on Lot 2, Peary
Place Annex "E" located on the south side of South Padre Island Drive approximately
300 feet west of Paul Jones Avenue.
Mr. Townsend informed the Council that the Planning Commission recommends
approval of the request, and the Planning Staff recommends approval of "B-4" for
Minutes
Regular Council Meeting
September 27, 1978
Page 14
a depth of 300 feet from Padre Island Drive and "A-1" on the remainder on the basis
that usually more frontage is required for that depth of business zoning, and there
could be a traffic problem with access since the tract is located just west of a
bridge on South Padre Island Drive and there is no crossover at this point.
City Manager Townsend stated that in response to the notices of the public
hearing, two in favor and none in opposition had been returned.
Chief Planner Larry Wenger located the area on the zoning and land use map;
described the land use in the surrounding area; showed slides of the area; and
stated that the prospective purchaser of the land proposes the erection of build-
ings permitted under "B-4" zoning.
City Manager Townsend noted that according to the minutes of the Planning
Commission meeting of August 22, 1978, reference is made to the fact that the
prospective purchaser is negotiating for additional property that will provide
access to the property from Paul Jones Drive. He inquired about the Commission's
reaction to this suggestion, pointing out that Paul Jones Drive is already con-
gested and such access would create additional traffic.
Mayor Lozano requested Mrs. Sarah Cook, who was present as a representative
of the Planning Commission, to comment on this.
Mrs. Cook stated that this was not the recommendation of the Planning
Commission because they just made their decision on the merits of the change of
zoning to "B-4", which they felt was logical zoning for this tract of land.
Mayor Lozano invited those who were opposed to the application to speak
at this time.
An unidentified gentleman stated that he is not necessarily opposed to the
change of zoning but expressed concern if access is provided to Paul Jones Drive.
City Manager Townsend stated that access should be on Padre Island Drive
only, because the residents of Paul Jones Drive would be very upset if additional
traffic is generated on that street.
Mrs. Cook reiterated that the Commission did not consider the possibility
of access on Paul Jones Drive.
Mr. Ed Ostergard, 1925 Merriman, stated that he lives in the area of this•
tract of land and questioned whether or not the purchaser of this land could have
Minutes
Regular Council Meeting
September 27, 1978
Page 15
access and egress to Padre Island Drive since the Moose Lodge already is located
there and there does not seem to be enough frontage to provide access to this
tract of land from Padre Island Drive. He stated that he does not object to the
requested business zoning, but he would be opposed to their having access onto
Paul Jones Drive.
Mayor Pro Tem Gulley pointed out that the only matter under consideration
at this time is the change of zoning to "B-4."
City Manager Townsend also noted that the applicant had not made provision
for a street through the tract to connect Padre Island Drive to the nearest through
street. He pointed out that this problem was pointed out to the Commission during
the hearing.
Mrs. Cook spoke again and stated that she was not a member of the Commission
at the time the plat was approved, but during the public hearing on this zoning
application, the Commission was of the opinion that the frontage on Padre Island
Drive provided ample space for exits onto that street.
Motion by Holt that the hearing be closed, seconded by Diaz, and passed
unanimously.
Motion by Holt that the Council concur with the recommendation of the
Planning Commission and that the change of zoning on Application No. 878-1 to "B-4"
be approved; seconded by Gulley; and passed unanimously.
* * * * * * * * * *
City Manager Townsend announced the public hearing on Application No. 878-2,
Southwestern Refining Company, Inc., for change of zoning from "R-2" Multiple Dwell-
ing District and "R -1B" One -family Dwelling District to "B-1" Neighborhood Business
District on Lots 214 through 226, Baymoor Addition, located on the north side of
Ebony Street extending east and west of Baymoor Boulevard.
Mr. Townsend stated that both the Planning Commission and the Planning
Staff recommend denial of the "B-1" zoning, but in lieu thereof, that a special
permit be approved for a parking lot according to the site plan presented subject
to the applicant's placing a guard on duty during peak usage hours. He also stated
that the 20% rule is in effect and that in response to the notices of the public
hearing, seven in opposition had been returned as well as a petition containing
Minutes
Regular Council Meeting
September 27, 1978
Page 16
24 signatures had been received expressing opposition to the change of zoning.
City Manager Townsend stated that he would like for the Council to consider
at this time the closing of a portion of Baymoor Boulevard, as described previously.
He stated that the City staff concurs with this street closing on the condition
that a recorded instrument be executed, running with the land, to designate a fire
lane. Mr. Townsend also informed the Council that a petition containing 14 signa-
tures expressing opposition to this street closure had been received.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, showed slides of the area, and pointed
out the portion of Baymoor Boulevard that is proposed to be closed. Mr. Wenger also
indicated the locations where screening fences would be required and stated that
the Refinery plans the installation of only one entrance to the proposed parking
lot. Mr. Wenger informed the Council that the applicant had agreed to the special
permit in accordance with the approved site plan.
Mayor Lozano invited those in the audience who desired to express opposition
to the zoning application to speak at this time.
Mr. Francisco Rodriguez, 3226 Ebony, indicated that he was speaking on
behalf of the residents of Baymoor Subdivision and stated that they are opposed to
a zoning change of any kind in this area. Mr. Rodriguez stated that he and the
other residents felt that the planned parking lot would create disturbances in the
neighborhood, more traffic hazards, and the proposed walkways between the tanks on
the Southwestern Refinery property would create the possibility of accidents which
might endanger the lives of the residents of the area. Mr. Rodriguez also alleged
that the vote by one Planning Commission member was biased because he is a partner
in the real estate firm handling the sale of the property.
Council Member Gill referred to Mr. Rodriguez' statement in regard to the
increased danger in the area and asked how this change of zoning and the closure of
the street would change the product produced by Southwestern Refinery, thus creat-
ing a more dangerous situation.
Mr. Rodriguez contended that the installation of the walkways would allow
more workers in the area of dangerous substances, and they might have a tendency -
to be more careless than the regular employees.
Minutes
Regular Council Meeting
September 27, 1978
Page 17
Council Member Holt asked where the construction workers park at this time,
and Mr. Rodriguez replied that they are parking their vehicles in a parking lot in
Hillcrest Subdivision or on the street.
Mayor Lozano explained to Mr. Rodriguez that since the 20% rule is in effect,
the vote on the application will not be taken until all seven members of the Council
are present.
Council Member Sample expressed the opinion that since the affected subdi-
vision is located adjacent to Southwestern Refinery's tank farms, he thought that
the area would be improved with the addition of a parking lot to act as a buffer.
Mr. Rodriguez stated that he is primarily concerned about the traffic
problem that would be created and that his property value would be decreased.
Council Member Sample agreed that the traffic might be increased but
stated that he doubted that property values would be decreased because of the
parking lot, indicating that he felt that property values had already been
affected because of the subdivision's proximity to a tank farm.
Council Member Holt also expressed the opinion that a parking lot would
be an improvement over an unsightly vacant lot that now exists in this location.
Mayor Pro Tem Gulley recalled an incident in the area in which a tank
overflowed some time ago spilling bunker fuel over some of the houses in the
subdivision, and Southwest Refinery had the houses repainted at their expense.
Mr. Gulley contended that the Refinery is attempting to do what is best for the
residents in the area, even to the point of buying as much of the property in
the area as possible. Mayor Pro Tem Gulley admitted that there might be more
traffic generated by the existence of a parking lot but stated that he felt that
the company would do as much as possible to control the traffic.
City Manager Townsend noted that the purpose of a special permit is to
provide a transition from one type of zoning to another and pointed out that no
landscaping is included in the plans.
Mr. Delmer Busby, speaking on behalf of his mother who owns property in
the area, suggested that Southwestern Refinery could have planned an elevated
parking lot so as not to create more traffic in the neighborhood.
Minutes
Regular Council Meeting
September 27, 1978
Page 18
Also speaking in opposition to the zoning change was Mr. Jimmy R. Tryon,
3217 Ebony, who stated that he felt that construction workers who will use the
proposed parking lot would delay traffic and the residents of the neighborhood
would be unable to exit the area. He also expressed the opinion that the vehicles
departing the parking lot would exit on Baymoor Boulevard and also stated that he
felt that vandalism might become a problem since workers will be parking in the
lot at all times of the day and night.
Mr. L. H. Lawrence, 833 Cenizo, spoke in regard to the proposed closing
of the portion of Baymoor Boulevard and inquired as to who would receive the
abandoned property if the street is closed. He stated that it was his under-
standing that abutting property owners usually are awarded the property when the
City closes and abandons a street and expressed opposition to this practice.
Council Member Holt referred to the fire lane that would be required if
the street is closed and asked if this would be at the same location as the exist-
ing street.
City Manager Townsend stated that it was his recommendation that the
applicant should arrange for the installation of a fire lane but that it would
not necessarily have to be 50 feet wide.
Also speaking in opposition to the change of zoning was Mr. Bud Reagan
who expressed concern about the increased traffic that would be created if the
parking lot is installed.
Ms. Martha Walraven, 634 Scott Drive, expressed opposition to the change
of zoning because of the increased traffic. She also stated that the property
involved was similar to a park and children played there before Southwestern
Refinery purchased the property and started clearing the area. Ns. Walraven
also expressed the opinion that vandalism might become a problem if a parking
lot is located there.
Speaking on behalf of the applicant was Mr. Mike Kendrick, Attorney for
Southwestern Refining Co., Inc. Mr. Kendrick questioned whether or not the 20%
rule should be in effect since the Planning Department had determined that the
boundaries of the property owners extend into the center of I.H. 37, which is an
r. as
Regular Council Meeting
September 27, 1978
Page 19
extremely wide street. He informed the Council that Southwestern Refining Company
had been at their present location since 1937; they purchased a number of lots in
the area with the intention of creating a buffer zone between the refinery and the
homes in the subdivision; and that he felt that a parking lot for construction
workers- would be an ideal use for the property. Mr. Kendrick also pointed out
that the employees who will use the parking lot do not work in shifts, but only
work days. He stated that a number of the construction workers are presently
parking on Ebony Street, and if a parking lot is constructed, this practice will
no longer be necessary.
In regard to the proposed closing of Baymoor Boulevard, Mr. Kendrick
assured the Council that the company plans to dedicate a fire lane by a covenant
running with the land. He expressed the opinion that the change of zoning would
not create any further hazard than might possibly exist now. Mr. Kendrick also
stated that he did not see any relation between a parking lot and vandalism in
the subdivision. He explained that a guard will be on duty in the parking lot
at all times and that the planned location of the entrance was determined on the
advice of traffic engineers.
Council Member Holt expressed concern about the traffic and inquired if
it would be possible to prohibit the vehicles departing the parking lot from
turning right so that they would not enter the subdivision.
Mr. Kendrick stated that his client would be glad to work with the City
to prohibit right turns for vehicles leaving the parking lot but indicated that
he felt that it would be more effective if it is enforced by the City.
Mayor Pro Tem Gulley suggested that it might be more feasible to have
both an entrance and exit for the parking lot, and Mr. Kendrick assured him that
the Refinery would be glad to do whatever the Council desired to solve the problem.
Council Member Gill asked Mr. Kendrick how long the construction workers
will be employed at the Refinery, and Mr. Kendrick replied that the company is
involved in a continual expansion program. He reiterated that a guard would be
on duty at all times when vehicles are exiting the parking lot, and he could
allow other traffic to pass the parking lot by delaying vehicles exiting the
parking lot.
Minutes
Regular Council Meeting
September 27, 1978
Page 20
Council Member Gill indicated that she could sympathize with the property
owners because she, personally, would object to living across the street from an
asphalt parking lot surrounded by a chain link fence, stating that she would prefer
to see some type of landscaping between the parking lot and the residences.
Mr. Kendrick assured Mrs. Gill that they would be glad to plant some type
of hedge.
Motion by Holt that the hearing on zoning application No. 878-2 be closed,
seconded by Sample, and passed unanimously.
Council Member Holt moved that this matter be tabled until seven Council
Members are present since the 20% rule is in effect.
Mayor Pro Tem Gulley asked Mrs. Cook if she had any further comments in
regard to this zoning application.
Mrs. Cook stated that she would like to add that the applicant had origi-
nally planned to construct a screening fence completely around the property, but
the residents of the subdivision preferred that a chain link fence be installed
at the front of the proposed parking lot.
Council Member Holt's motion was seconded by Mayor Pro Tem Gulley, and
the motion passed unanimously.
Motion by Holt that the public hearing on the closure of Baymoor Boulevard-
be closed, seconded by Sample, and passed unanimously.
Motion by Holt that the closure of a portion of Baymoor Boulevard lying
between Lots 218 and 219 of Baymoor Addition and from Ebony Street to the dead
end at the Southwestern Oil Refinery Company's property be approved, subject to
designation by a covenant running with the land of a fire lane; seconded by
Gulley.
Council Member Gill referred to the assumption previously made that the
property involved when a street is closed and abandoned is awarded to the abutting
property owners and stated that it was her understanding that at one time the City
had required that such property could be sold to the abutting property owners.
City Manager Townsend stated that it is the Council's prerogative to
declare that it is not in the public's interest to close a street, unless the
IL as
Regular Council Meeting
September 27, 1978
Page 21
abutting property owners paid an amount equal to the market value of the land-
involved.
Mayor Lozano then called for the vote on the motion to approve the street
closing, and the motion passed unanimously.
City Manager Townsend announced that Application No. 878-9E, Mr. Al Jamon,
for an exception to the standard screening fence requirement along the rear and
west sides of Lot 4, Block 1, Glenoak Park Unit No. 1, located on the northwest
corner of Waldron and Glenoak Roads, had been withdrawn at the written request of
the applicant, Mr. Jamon.
* * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
878-11, Seaview Medical Enterprises, Inc., for change of zoning from "R -1B" One -
family Dwelling District to "AB" Professional Office District on the Edwin E.
Conner Tract, located on the southeast side of the 4600 Block of Weber Road
between Barnes Street and Bradford Drive,
Mr. Townsend noted that both the Planning Commission and the Planning
Staff recommend denial of "AB" zoning, but in lieu thereof, a special permit for
the addition of an office building according to the site plan presented be granted
but that it be altered in accordance with a recommendation from the Department of
Traffic and Transit regarding the lowering of the masonfy fence along the north
boundary line to remove the traffic hazard.
City Manager Townsend informed the Council that in response to the notices
of the public hearing, seven in opposition and five in favor had been returned.
He also reminded the Council that this is the same application that had been con-
sidered approximately 18 months ago and it is presented at this time because the
special permit expired after one year.
Chief Planner Wenger -located -the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
He stated that the applicant plans the construction of a medical office building
at the rear of the Physicians and Surgeons Hospital.
Minutes
Regular Council Meeting
September 27, 1978
Page 22
Mayor Lozano called for comments from members of the audience who are
opposed to this zoning application.
Mrs. Clarence Yarbrough, Route 1, Box 212A, stated that she owns several
houses in the affected area and asked about the planned usage of the two houses
owned by the hospital.
Mr. Wenger stated that the houses referred to will have the same use as
they do at this time.
City Manager Townsend explained that the same restrictions will apply as
those listed in the special permit with the additional requirement that the
masonry fence along the north boundary line be lowered.
No one else spoke in regard to this application.
Motion by Holt that the hearing be closed, seconded by Gulley, and passed
unanimously.
Motion by Holt that the request for change of zoning to "AB" be denied
but in lieu thereof, that a special permit as recommended by the Planning Com-
mission and the Planning Staff be approved; seconded by Diaz; and passed unanimously.
* * * * * * * * * *
Mayor Lozano called for the ordinances. City Manager Townsend briefly
explained the ordinances on the agenda and advised the Council that the ordinances
renewing the taxicab franchises had been withdrawn in order to make some necessary
changes in the wording of the ordinances.
In regard to the taxicab franchises, Council Member Holt inquired if the
staff had discussed the possibility of renewing the franchise of Bluebonnet Trans-
portation Company at this time, even though the franchise with that company has not
yet expired.
City Manager Townsend stated that this company was contacted but did not
want to renew their franchise at this time because of the expense of the required
publication. He noted that at the time they obtained their franchise, the publica-.
tion cost was several hundred dollars.
City Secretary Read stated that the City Attorney had ruled that publication;
of the entire ordinance was not necessary, and the expense of publication was not
prohibitive at this time. Mr. Read stated that he will contact the owners of the
es
Regular Council Meeting
September 27, 1978
Page 23
Bluebonnet Transportation Company to inform them of this.
In regard to the ordinances providing funds for the Japanese Art Museum and
the Art Community Center, Mayor Pro Tem Gulley spoke in opposition to such funding,
stating that since the City provides municipal museums, private museums should not
be funded with taxpayers' money.
Speaking in support of Mayor Pro Tem Gulley's remarks were Mr. Charles
Nichols and Mr. Harry Hoag, who were in the audience.
There were no further comments on the ordinances; City Secretary Read
polled the Council for their votes; and the following ordinances were approved:
SECOND READING:
AMENDING SECTION 35-151 (F) (4) OF THE CORPUS CHRISTI CITY CODE BY INCREASING THE
AMOUNT OF SURETY BOND OR CASH DEPOSIT FROM $2,500 TO $4,500; PROVIDING FOR
ACCEPTANCE OR CONTINUATION BEYOND AN INITIAL THREE-YEAR PERIOD OF "IN LIEU OF
PLUGGING" BONDS WHERE OPERATOR AND PRINCIPAL ON THE BOND STILL HOLDS VALID LEASE
ON MINERALS UNDERLYING THE WELL SURFACE,AND PROVIDING FOR PROOF BY THE OPERATOR,
WHEN POSTING OR CONTINUING BOND BEYOND THE INITIAL THREE-YEAR PERIOD, THAT HE
OWNS OR CONTROLS THE MINERALS UNDERLYING THAT WELL.
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, and Sample
voting "Aye"; Juarez, "absent".
SECOND READING;
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE JAPANESE ART
MUSEUM FOR THE OPERATION AND MAINTENANCE OF A MUSEUM, AS MORE FULLY SET FORTH IN
THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A".
The foregoing ordinance was read for the second time and passed to its third and
final reading by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting
"Aye"; Gulley, "Nay"; Juarez, "absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE ART COMMUNITY
CENTER FOR SUPPORT OF THE CENTER, 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 second time and passed to its third and
final reading by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting
"Aye"; Gulley, "Nay"; Juarez, "absent".
THIRD READING: ORDINANCE NO. 14517:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-253, SCHEDULE IV - STOPPING, STANDING OR PARKING PROHIBITED
DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO TWO ITEMS SO AS TO
PROHIBIT STOPPING, STANDING OR PARKING ON: 1. Everhart Road, the northwest side,
from Donegal Drive to Saratoga Boulevard, between the hours of 4:00 P.M. and 6:00
P.M. daily, except weekends and holidays, and 2. Everhart Road, the southeast side,
from Donegal Drive to Saratoga Boulevard, between the hours of 7:00 A.M. and 9:00
A.M. daily, except weekends and holidays; 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, and Sample voting "Aye"; Juarez,
"absent".
M1uuleu
kegnlnr Cnune11 Meeting,
September 27, 1978
Page 24
THIRD READING: ORDINANCE NO. 14518:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN
ZONES, BY REDUCING THE SPEED LIMIT ON SARATOGA BOULEVARD FROM 55 MPH TO 45 MPH
FROM A POINT 300 FEET WEST OF WEBER ROAD TO A POINT 300 FEET EAST OF EVERHART
ROAD; TO 50 MPH FROM A POINT 300 FEET EAST OF EVERHART ROAD TO A POINT 200 FEET
EAST OF SOUTH STAPLES STREET; AND TO 30 MPH, EHEN SCHOOL FLASHERS ARE OPERATING
AND SO INDICATE, FROM A POINT 250 FEET WEST OF OAKBROOK DRIVE TO A POINT 250
FEET EAST OF SHEA PARKWAY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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, and Sample voting "Aye"; Juarez,
"absent".
ORDINANCE NO. 14519:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH HIALCO-
OIC NEIGHBORHOOD ORGANIZATION, INC., LEASING TO SAID HIALCO-OIC NEIGHBORHOOD ORGANI-
ZATION, INC., BUILDING ONLY, ON LOT 1, BLOCK 2, CRAVEN HEIGHTS SUBDIVISION, BEING
LOCATED ON THE CORNER OF MARTIN LUTHER KING BLVD. AND COKE STREET, OWNED BY THE CITY,
FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A CLASSROOM FOR ITS MANPOWER SKILLS
TRAINING PROGRAM, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14520:
AMENDING THE COMPENSATION ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 501 BY
'SUBSTITUTING THE ATTACHED REVISED SCHEDULE FOR THE EXISTING PUBLIC SAFETY SALARY
SCHEDULE FOR FIRE, TO PROVIDE FOR A COST -OF -LIVING INCREASE OF 6% EFFECTIVE AUGUST 1,
1978 AND AN ADDITIONAL 2% COST -OF -LIVING INCREASE ABOVE PREVIOUS SALARY LEVELS EFFECTIVE
FEBRUARY 1, 1979; AMENDING SECTIONS 702.1 AND 702.2 SO AS TO PROVIDE EDUCATIONAL
INCENTIVE PAY FOR DEGREES IN OCCUPATIONAL EDUCATION WITH SPECIALIZATION IN FIRE SCIENCE
AND TO PROVIDE ADDITIONAL INCENTIVE PAY FOR FIREFIGHTERS HOLDING AN EMT CERTIFICATE;
AMENDING SECTIONS 704.1 AND 704.2 SO AS TO PROVIDE FOR 100% REPLACEMENT OF CLOTHING
ITEMS AND EQUIPMENT WHICH ARE LOST OR DAMAGED, EXCLUDING SHOES, AND TO PROVIDE FOR
CLOTHING ALLOWANCE OF $15 PER MONTH TO EACH OFFICER OF THE FIRE DEPARTMENT FOR THE
PURPOSE OF UNIFORM AND CLOTHING CLEANING AND MAINTENANCE; PROVIDING AN EFFECTIVE DATE;
PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14521:
AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE
TEXAS DEPARTMENT OF WATER RESOURCES AND THE CORPUS CHRISTI - NUECES COUNTY HEALTH
DEPARTMENT, EXECUTED SEPTEMBER 1, 1977, SO AS TO INCREASE THE AMOUNT OF THE CONTRACT
TO $40,000, AS MORE FULLY SET FORTH IN THE AMENDMENT NO. 1, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14522:
REPEALING ORDINANCE NO. 14363, AUTHORIZED BY THE CITY COUNCIL ON JUNE 28, 1978,
PROVIDING FOR THE GRANTING OF TWO REVOCABLE EASEMENTS TO CHAMPLIN PETROLEUM COMPANY;
AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENT TO CHAMPLIN PETROLEUM
COMPANY FOR EASEMENT RIGHTS TO A 75 -FOOT STRIP IN ACADEMY HEIGHTS, UNIT 2 PARK,
AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS t
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN
Fm-"GENCY.
Minutes
Regular Council Meeting
September 27, 1978
Page 25
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14523:
AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENT TO CHAMPLIN PETROLEUM
COMPANY FOR CROSSING 28 CITY STREETS WITH UP TO 12 PIPELINES, ALL AS MORE FULLY
SET FORTH IN THE REVOCABLE EASEMENT, 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 was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14524:
AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENT TO SOUTH TEXAS PIPELINE
COMPANY FOR PLACING TWO PIPELINES IN A PORTION OF MCKINZIE ROAD, ALL AS MORE FULLY
SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14525:
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS AND RELATED DOCUMENTS
WITH THE CALALLEN, CORPUS CHRISTI, WEST OSO, FLOUR BLUFF AND TULOSO-MIDWAY INDEPENDENT
SCHOOL DISTRICTS, CORPUS CHRISTI STATE SCHOOL, DEL MAR COLLEGE, JAPANESE ART MUSEUM,
LULAC EDUCATIONAL SERVICE CENTER, AND NUECES COUNTY COMMUNITY ACTION AGENCY TO
EXTEND 194 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE
EMPLOYMENT AND TRIANING ACT FROM OCTOBER 1, 1978 THROUGH DECEMBER 31, 1978, ALL AS
MORE FULLY SET OUT IN SAID CONTRACTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED
HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY AS EXHIBITS "A" THROUGH "J"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14526:
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS AND RELATED DOCUMENTS
WITH THE WEST OSO AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICTS TO EXTEND THIRTEEN
(13) PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE II OF THE COMPREHENSIVE EMPLOY-
MENT TRAINING ACT FROM OCTOBER 1, 1978 THROUGH DECEMBER 31, 1978, ALL AS MORE FULLY
SET OUT IN THE CONTRACT MODIFICATIONS, SUBSTANTIAL COPIES BEING ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14527:
AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY COMPREHENSIVE EMPLOYMENT AND
TRAINING ACT PROGRAM CONTRACT MODIFICATIONS, WORKSITE AGREEMENTS, AND ALL RELATED
DOCUMENTS TO EXTEND THE EXISTING PROGRAMS FROM OCTOBER 1, 1978 TO DECEMBER 31, 1978;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
Minutes
Regular Council Meeting
September 27, 1978
Page 26
ORDINANCE NO. 14528:
AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS AND ALL NECESSARY
DOCUMENTS TO EXTEND THE WOMEN, INFANTS, AND CHILDREN PROGRAM AT EXISTING LEVELS
BEYOND OCTOBER 1, 1978; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14529:
ACCEPTING A GRANT AWARD OF $40,000 FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
TO CONTINUE THE CITY'S EQUAL EMPLOYMENT PROGRAM AND TO DEVELOP A MANAGEMENT SUPPORT
SYSTEM DESIGNED TO QUALIFY THE CITY AS A 706 AGENCY AND AUTHORIZING THE EXECUTION
OF ALL DOCUMENTS NECESSARY TO ACCEPT THE GRANT AND TO CONTINUE THE PROGRAM; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14530:
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 LOYAL ORDER OF MOOSE LODGE NO. 734
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, PEARY PLACE ANNEX "E"
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "R -1B" ONE FAMILY
DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER
PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
ORDINANCE NO. 14531:
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 SEAVIEW MEDICAL ENTERPRISES, INC.,
BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE ADDITION OF A HOSPITAL COMPLEX ON THE
EDWIN E. CONNOR TRACT IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT
TO EXECUTION OF THE INDEMNIFICATION AGREEMENT ATTACHED AND MADE A PART OF THIS
ORDINANCE, SUBJECT TO THE PLAT ATTACHED TO AND MADE A PART OF THIS ORDINANCE, AND
SUBJECT TO OTHER STATED CONDITIONS: 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 eas suspended and the foregoing ordinance was passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent".
* * * * * * * * * *
Mayor Lozano called for petitions or information from the audience on matters
not scheduled on the agenda.
Mr. Harry L. Hoag, 474 Homecrest, appeared before the Council to present a
petition containing 5,724 signatures of registered voters from the City of Corpus
es
Regular Council Meeting
September 27, 1978
Page 27
Christi requesting that a referendum election he conducted to amend the Charter of
the City of Corpus Christi as it pertains to ad valorem taxes. Mr. Hoag stated
that the signatures have been verified as being those of registered voters of the
City. Mr. Hoag further commented that his petition is similar to the Proposition
13 Amendment recently approved by the voters og the State of California and noted
that this amendment had been found to be constitutional. Mr. Hoag then presented
the petitions to City Secretary Bill G. Read.
Mayor Pro Tem Gulley inquired about the procedure to be followed after the
petitions are presented.
City Attorney Aycock explained that the petitions must be examined to see if
they are in order, and according to Article 1170 of V.A.C.S., if the petitions are
in order and the signatures have been validated, the Council must pass an ordinance
calling an election to be held not less than 30 days nor more than 90 days after the
passage of said ordinance.
City Manager Townsend also pointed out that the earliest that any type of
City election may be held is the third Saturday in January, 1979.
Mr. Hoag called the Council's attention to paragraphs (b) and (e) of the
petition, which provides that all bonds previously voted upon and approved by the
voters of the City shall not be affected provided they were approved prior to the
time that this proposed Charter amendment may become effective.
City Manager Townsend stated that the staff had not received a copy of the
petition until the previous day, and it was not clear as to the intent in regard
to future bond issues. He then asked Mr. Hoag what his intent was in regard to
bonds that may be approved in the future.
Mr. Hoag replied that according to the petition, after the Charter amend-
ment has been approved, it will be up to the Director of Finance to certify that
all interest and principal requirements of proposed tax supported debt can be met ,
from the estimated proceeds of a tax rate not in excess of the recommended tax
limitation.
City Manager Townsend pointed out to the Council that it is clear that Mr.
Hoag's petition proposes to exempt bonds that have previously been approved by the
voters, but the petition is not clear in regard to bonds in the future.
City Manager Townsend explained to the Council that providing such a Charter
amendment had been approved prior to the adoption of the current year's budget, the
Minutes
Regular Council Meeting
September 27, 1978
Page 28
projected decrease in income would have been over six million dollars but
it would not have immediately affected the debt service level. Mr. Townsend did
point out that bond raters are not just concerned about the City's ability to pay
the bonded indebtedness, and there is a question as to whether or not the presenta-
tion of this petition will jeopardize the bond sale scheduled for November 8, 1978.
Mayor Pro Tem Gulley asked if there is any question that this election will
have to be called. City Manager Townsend stated that the staff will provide the
Council with an opinion on this as soon as possible.
Mayor Pro Tem Gulley inquired if the Council is not obligated by law to call
the election. City Manager Townsend agreed that they are if the petition is in
order. He emphasized the fact that the petition will have to be placed on the ballot
exactly as it is worded, but also pointed out that the City will have an opportunity
to place other items on the ballot that might pertain to the Charter.
Mayor Lozano mentioned that this petition just directs itself to the City
taxing agency and asked Mr. Hoag why he prepared the petition only to decrease the
City's ad valorem taxes when the City is the entity that provides the most service
for the citizens.
Mr. Hoag explained that he has attempted to introduce similar amendments in
the State Legislature.
City Manager Townsend referred to an earlier petition that Mr. Hoag had cir-
culated and on which he had obtained signatures of voters and inquired about the
disposition of that petition. He asked Mr. Hoag if those first petitions had been
destroyed and if all of the signatures on this particular petition were obtained
after his original petition was amended.
Mr. Hoag stated that the first petitions were destroyed, and all of the
signatures that appear on this particular amended petition are new signatures.
He stated that he has an additional 10,000 signatures available on petitions if
there are any questions about the signatures on the petitions that have been pre-
sented.
City Manager Townsend reminded the Council that the required number of sig-
natures to force the calling of an election is 52 of the qualified voters in the
City.
* * * * * * * * * *
Minutes
Regular Council Meeting
September 27, 1978
Page 29
City Manager Townsend reminded the Council of the scheduled meeting of the
Consortium at 1:30 p.m., Thursday, September 28.
There being no further business to come before the Council, on motion by
Diaz, seconded by Sample, and passed unanimously, the Regular Council Meeting was
adjourned at 6:12 p.m.