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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 M .es 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.