HomeMy WebLinkAboutMinutes City Council - 10/18/1978PRESENT:
Mayor Gabe Lozano, Sr.
Council Members:
David Diaz
Joe Holt
Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 18, 1978
2:00 P.M.
Assistant City Manager Archie N. Walker
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers
of City Hall.
The invocation was given by the Reverend Bill Brown of the First Baptist
Church of Flour Bluff.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally constituted
meeting.
Motion by Holt that Council Member Ruth Gill, who is out of the City, and
Mayor Pro Tem Bob Gulley, who is ill, be excused for just cause; seconded by
Juarez; and passed unanimously.
Motion by Diaz that the Minutes of the Regular Council Meetings of
September 27 and October 4, 1978 be approved as presented; seconded by Sample;
and passed unanimously.
Mayor Lozano announced that the following proclamations had been pre-
sented in his office prior to the Council Meeting: "TEXAS NURSE WEEK" - the week
of October 16, 1978; "RUTH DEL MAR SULLIVAN DAY" - October 18, 1978; "COMMUNITY
,HEALTH FAIR DAYS" - October 20 and 21, 1978; and "NATIONAL DENTAL ASSISTANTS
WEEK" - October 20-27, 1978.
Mayor Lozano then recognized Mr. W. J. "Wrangler" Roberts, who was present
in the audience, and presented a proclamation declaring October 18, 1978 as "W. J.
'WRANGLER' ROBERTS DAY." Mayor Lozano commended Mr. Roberts on his many accom-
plishments during his tenure as a Council Member and as Mayor Pro Tem and for his
participation as a citizen in many worthwhile civic projects. Mayor Lozano also
presented a plaque to Mr. Roberts as an expression of the City's gratitude for
the service Mr. Roberts had performed on behalf of the City.
SEP 0 41980
MICROFILMED
Minutes
Regular Council Meeting
October 18, 1978
Page 2
Mr. Roberts expressed his appreciation for being so honored by the City
and stated that he was quite proud of the many accomplishments and changes that
had occurred in the City of Corpus Christi during the 35 years that he has been a
resident of the City.
* * * * * * * * * * * *
Mayor Lozano called for the City Manager's Reports. Assistant City Manager
Archie N. Walker presented the following items in the absence of City Manager R.
Marvin Townsend, who was out of the City, and recommended that:
a. 1978-79 annual requirements of Uniforms be purchased from the following
firms on the basis of low bid meeting specifications:
KAUFMAN UNIFORMS, San Antonio
Lot I (3 Items) Fire $ 9,437.30
THE FAMOUS DEPARTMENT STORE, Corpus Christi
Lot II (5 Items) Police 39,786.90
Lot III (5 Items) Airport Safety Security Guard 4,998.00
Lot IV (3 Items) School Crossing Guard 3,509.58
Lot V (12 Items) Crossing Guard "All Weather" Coats 695.88
Lot VI ( 7 Items) Bus Drivers 4,010.05
TOTAL ---- $53,000.41
GRAND TOTAL ---- 62,437.71
Kaufman Uniforms advises that they cannot meet delivery requirement for
Lots II and III as bid. It is recommended that the City retain $750 of
the $1,500 bid security and refund the balance after Kaufman posts the
performance bond required for Lot 1. A price comparison shows an increase
of approximately 4.1%. Bids were received from 2 firms.
b. The bids received from six bidders for operation of the Massey Street and
abandoned car pounds and the bids received from five bidders for the provision
of emergency wrecker service for Police Department vehicles and other City
vehicles when the Maintenance Services Department cannot respond be rejected.
Specifications will be revised and submitted to the City Council for receipt
of new bids in the near future.
c. Acoustical installation at the Greenwood & Lindale Senior Citizens' Centers,
installed by Coastal A.D.S., Inc. for $8,500 be accepted. This project
provided for installation of acoustical panels in the auditorium and crafts
rooms of the Senior Citizens' Centers at Greenwood and Lindale. It was
funded by a grant from the Governor's Committee on Aging.
d. The following action be taken regarding closing of alleys within the Ella
Barnes Area lA Street Improvement project:
(1) The unopened alleys in Blocks 9, 10, 11 and 12, Steele Addition,
from Duncan Street to Harmon Street, be closed and a utility easement
for the full width of the 10' alleys be retained.
(2) The 10' alley in Block 8, Steele Addition, from Harmon Street to
Port Avenue, be closed. A masonry building has been encroaching in
this latter alley for several years.
l
Minutes
Regular Council Meeting
October 18, 1978
Page 3
e. Values for 17 right-of-way easements for McKinzie Road Improvements from
State Highway 44 to 1.8 Mile North be adjusted from $26,530 to $29,616.
The adjustment is based on an additional sale within the project area
which was recently uncovered. The parcels include 30 additional feet of
right-of-way on both sides of McKinzie Road. The City is handling the
acquisition at the County's request with the County paying for purchase
of the property. The original values were approved by the City Council
July 12, 1978,
f. A revocable easement be granted to Country Club Estates Association, Inc.
for the erection of two masonry entry markers on St. Andrews Drive at
Country Club Estates Unit 16. The entry markers would be 8' high of
masonry construction and would bear the words "COUNTRY CLUB ESTATES". The
standard minimum easement fee of $50 is proposed.
g.
Deed restrictions on Lots 43 to 48 of Block 817 of Port Aransas Cliffs
Subdivision be released. The property between Brawner Parkway and Doddridge
Street on Alameda was rezoned in 1960 from R2 to A2 with a provision that
a deed restriction be filed limiting the property to R2 uses if it were not
developed in 12 months. The lots were rezoned to B1 in 1966, but the deed
restriction was not released.
h. The recommendation of the Traffic Safety Advisory Board that parking be
prohibited at all times on the west side of Nueces Bay Boulevard, from a
point 190 feet south of the centerline of Summers Street to West Broadway
be approved. The improvements to Nueces Bay Boulevard under construction
provide for two 12' moving lanes and one 12' parking lane on the east side
of this section of the road adjacent to the residential property.
i. Parking spaces adjacent to the City Tax Office on Lower Broadway and
Lawrence Street and on the south one-half of Upper Broadway from Antelope
to Buffalo Street in front of the Post Office be changed to $.05 for 15
minutes with a 30 -minute ($.10) maximum. The Traffic Advisory Board con-
curred with the initial staff recommendation of $.05 for 71 minutes, $.10
for 15 minutes, and $.20 for the maximum time of 30 minutes. Going to
71 minutes will be recommended at a later date if this change does not
cause more space turnover near the Tax Office. Existing meters are $.05
per hour with a 2 -hour maximum.
j. An agricultural water contract be approved for Lot 20, Section 31, Flour
Bluff and Encinal Farm and Garden Tracts owned by Patricia Nuss and Chris
Brown. The property, located on Holly Road west of Paul Jones Avenue, is
being used as a horse pasture. Underground water of adequate quality for
watering livestock is not available. The tap will be made from an existing
service line on the 30 inch main in Holly Road.
k. A water purchase contract providing for the sale of up to 650,000 gallons
of treated water per month by the San Patricio Municipal Water District to
the Seaboard Water Supply Corporation, be approved. Water will be supplied
from the Reynolds line to a ground storage and pumping facility to be
constructed and operated by the Water District to the Seaboard distribution
system located west of Odem between Highway 77 and IH 37. The area is
within the City's five mile extraterritorial jurisdiction. The distribution
system proposed to serve rural customers is being financed by the Farmers
Home Administration. The San Patricio Municipal Water District has approved
the contract.
1. A revised Marina slip rental contract and sublease agreement be adopted as
recommended by the Marina Advisory Board. The revised agreement provides
for annual certification of boat ownership and allows subleasing of Marina
slips upon approval of the Marina Superintendent for a definite maximum
period with the rent for that period paid in advance. The rent from the
sublease would be credited to the slip tenant's account.
Minutes
Regular Council Meeting
October 18, 1978
Page 4
m. The recommendation of the Park Board that the 30 -acre tract at Royalton
and St. Andrews Streets be named St. Andrews Park as requested by the Corpus
Christi Country Club Estates Association be approved. There are no plans
at this time for development of 2/3rds of this area which was formerly
a sanitary landfill.
*n. A contract be awarded to Mr. F. J. Graham, 9193 South Padre Island Drive,
Corpus Christi, for a five-year lease on the "L" Head Bait Stand Concession
for 16% of gross sales (an estimated $880.64 per month income to the City).
Mr. Graham has 25 years experience in bait stand operation and has operated
the "L" Head Bait Stand for the last five years very satisfactorily. Mr.
Graham operates the bait stand 24 hours a day on weekends and from 5:00 a.m.
to 10:00 p.m. on weekdays. The bid of Mr. Donald Lemon of 27% of gross
sales is not recommended because Mr. Lemon has substantially less experience
in bait stand operation than Mr. Graham and it is questionable whether the
concession can be successfully operated at such a high percentage of gross.
The bid of a flat rate of $917 per month by Mr. E. R. Gianotti and Mr. John
Null, Jr., is not recommended because the percentage of gross bid by Mr.
Graham may result in higher monthly income to the City because of his
successful operation of the bait stand in the past.
o. Values totaling $33,130 for the acquisition of six utility and temporary
construction easements and two fee simple acquisitions for the Oso Trunk
Main and two lift stations be approved and $36,000 be appropriated from
the Sanitary Sewer Bond Fund, including $33,130 for acquisition and $2,870
for contingencies and incidental costs relating to closing. The acquisi-
tions will start at Delta Drive and extend in a southwesterly direction,
crossing McArdle Road, South Padre Island Drive, Williams Drive and Holly
Road to Wooldridge Road. A parcel is also located at the northeast corner
of Everhart and Saratoga Boulevard. All property involved is vacant.
P. Consideration of the appeal of Mr. Robert C. Cornell.
Mr. Cornell on August 14, 1978, appealed the July 13, 1978 decision of the
Civil Service Board upholding Mr. Cornell's dismissal from the position of
Mechanic II at the Central Service Center. The procedure ordinance adopted
on August 23, 1978 provides that the appealing party must file a statement
of objections specifically pointing out the findings of the Board which are
contested. Mr. Cornell has submitted his letter of September 20, 1978 in
response to this provision. The City's response has also been submitted.
The ordinance states that the Council will decide within 30 days that fur-
ther proceedings or hearings are necessary or that the appeal should be
denied. The 30 days will expire on October 20, 1978.
Assistant City Manager Walker emphasized that the staff recommends that Mr.
Cornell's appeal be denied, but to do so requires action by the Council.
Mayor Lozano called for questions or comments from the Council on the City
Manager's Reports.
Council Member Holt referred to Item "n" concerning the award of bid for
the "L" Head Bait Stand Concession and inquired if the bid award had been discussed
*This item was withdrawn - see Page 5.
Minutes
Regular Council Meeting
October 18, 1978
Page 5
with the bidders and if they are aware of the amount of each bid.
Assistant City Manager Walker indicated that he felt sure that they are
aware of the recommendation but he will check with the Purchasing Department.
Council Member Holt stated that he does not feel that it was fair to award
the concession to the lowest bidder. Council Member Diaz also stated that he does
not agree with the staff recommendation either.
Assistant City Manager Walker stated that the staff feels that this is the
best recommendation in view of the fact that Mr. Graham has a great deal of exper-
ience, but if the Council does not wish to approve it, the item can be withdrawn.
Council Member Juarez pointed out that awarding the bid for this reason
is inconsistent with the Council's usual policy.
Assistant City Manager Walker withdrew Item "n" from the City Manager's
Reports.
Council Member Juarez referred to Item "f", which concerns the erection of
two masonry entry markers on St. Andrews Drive at Country Club Estates, and inquired
as to who will provide maintenance for the entry markers.
Assistant City Manager Walker replied that the Country Club Estates Asso-
ciation, Inc., will maintain the markers.
Mayor Lozano called for comments from the audience on the City Manager's
Reports.
Mr. Charles Cromwell, Attorney representing J & R Wrecker Service, addressed
the Council in regard to Item "b" concerning the operation of the Massey Street and
abandoned car pounds, and expressed opposition to the recommendation to obtain bids
again on this item. Mr. Cromwell stated that he felt that the matter has been dis-
cussed too much and the City is wasting money in continuing the delay in awarding
contracts. He pointed out that this delay is unfair to his client, Mr. Joe Garcia
of J & R Wrecker Service, and contended that Mr. Garcia had performed an excellent
job of operating the car pounds, and the fact that he has other monetary problems
should not.even be considered,since they are not related to his successful operation
of the car pounds. Mr. Cromwell reminded the Council that the Police Department had
recommended that the contract for the Massey Street Pound be awarded to J & R Wrecker
Minutes
Regular Council Meeting
October 18, 1978
Page 6
Service, and the City Manager and Finance Department agreed with this recommendation.,
He further pointed out that the City has already lost a great deal of money that
they could have been earning if the contract had been awarded when it was first
presented.
Mr. Cromwell continued by stating that the bids were received in June; it
is now October and contracts have not been awarded; the delay in awarding a con-
tract for the abandoned car pound has created a loss of revenue for the City; and
mentioned the expense of the staff time that has been expended on this matter.
He further contended that the Council was elected to make decisions, and they
have failed to do this by continually delaying the awarding of contracts for the
operation of the car pounds. Mr. Cromwell summarized his presentation by empha-
sizing the fact that the contracts stipulate that the bidder must provide a
$12,000 performance bond; therefore, this eliminates the risk that might be
involved in the contract award.
Speaking in regard to Item "f", which concerns a revocable easement for
Country Club Estates Association, Inc., was Mrs. Andrea Stella, President of the
Association. Mrs. Stella indicated her pleasure that this item is on the agenda
for approval. She informed the Council that her Association will eventually plan
the installation of eight additional entry markers in Country Club Estates and
inquired if they will be required to pay $50 for each revocable easement, pointing
out that this would be quite expensive for the Association.
Assistant City Manager Walker informed Mrs. Stella that this is the stan-
dard fee for any revocable easement and such fee would be required each time the
Association requests a revocable easement. Mr. Walker further explained that if
the organization presents the request simultaneously for the eight additional
entry markers, the staff could review the request and possibly only charge one
additional $50 fee for all of the required revocable easements.
Council Member Sample suggested to Mrs. Stella that she might prefer to
withdraw this request and resubmit it with all of the other requests for revocable
easements that the Association plans. Mrs. Stella declined to withdraw her request,
indicating that the organization had worked on the matter for some time.
Minutes
Regular Council Meeting
October 18, 1978
Page 7
Speaking in regard to Item "p", the appeal of Mr. Robert C. Cornell of the
decision of the Civil Service Board, was Mr. Mike Zepeda, Business Agent for AFSCME,
the Corpus Christi Public Employees Local 3042. Mr. Zepeda asked for clarification
of the action to be taken by the Council on this matter today, inquiring if they
planned to vote on the recommendation to deny the appeal.
Mayor Lozano indicated that the Council would vote on the matter today.
Mr. Zepeda pointed out to the Council that one of the reasons Mr. Cornell
was terminated from the City was because he failed to inform his supervisors that
his doctor had released him for full duty. He reminded the Council that the sup-
portive material provided with Mr. Cornell's appeal included a documented polygraph
test which verified the fact that Mr. Cornell was not aware at the time that his
doctor had released him for full duty following his injury. Mr. Zepeda asked the
Council to consider this polygraph test in their deliberation of the appeal.
Mayor Lozano explained to Mr. Zepeda that the polygraph test to which he
referred was not entered as evidence and was not considered by the Civil Service
Board at the time they heard Mr. Cornell's case; therefore, such evidence should
not be considered by the Council in this appeal.
Mr. Zepeda agreed that the test was made later at Mr. Cornell's own expense
to prove that he was telling the truth during the Civil Service Board hearing in
regard to this reason for his dismissal.
Mayor Lozano reiterated that the Council must rely on the City Attorney's
opinion, and he has informed them that the only evidence they can consider is that
which was heard during the hearing before the Civil Service Board.
Council Member Diaz informed Mr. Zepeda that the matter was discussed at
the morning Workshop Meeting, and the Council is prepared to deny Mr. Cornell's
appeal. Mr. Diaz pointed out to Mr. Zepeda that the polygraph test was not pre-
sented during the hearing before the Civil Service Board, and when an appeal is
made, evidence that was not presented before the Civil Service Board cannot be
presented to the City Council.
Mr. Zepeda disagreed with this opinion and stated that he felt that the
most important thing is to obtain the truth, and their only recourse under this
Minutes
Regular Council Meeting
October 18, 1978
Page 8
ruling would be to go back to the Civil Service Board with new evidence. He further
stated that he felt that the Council should consider this additional evidence because
it is in his client's favor; Mr. Cornell is currently unemployed; and requested that
the Council grant a hearing on the appeal.
Council Member Diaz explained to Mr. Zepeda that the Council feels that they
have had enough information presented already on the appeal.
There was no further discussion on the City Manager's Reports.
Motion by Sample that the City Manager's Reports, Items "a" thru "p," with
the exception of Item "n" which was withdrawn, be accepted and approved; seconded by
Diaz.
Assistant City Manager Walker requested clarification of the motion as it
relates to Item "p" on the appeal of Mr. Robert C. Cornell and inquired if the
Council intends to deny the appeal by moving to accept this City Manager's Report.
The Council Members indicated that this was their intention.
Mayor Lozano called for the vote on the motion to approve the City Manager's
Reports, and the motion passed unanimously.
* * * * * * * * * * * *
Mayor Lozano announced the following pending zoning application:
Mr. Clay Morgan: "R -1B" to "B-1", located at the southeast corner of Dorthy
Drive and Gollihar Road.
This application was heard by the Council on September 6, 1978 at which time it
was denied and in lieu thereof a special permit was approved for "AB" uses
subject to approval of a site plan. The site plan meets the necessary
requirements for "AB" uses.
Motion by Sample that the Council approve the site plan submitted and grant
a Special Permit limited to "AB" uses on Application No. 878-4; seconded by Diaz;
and passed unanimously.
* * * * * * * * * * * *
Mayor Lozano announced the following tabled matter:
a. Purchase of 1,200 - 5/8", 50-3/4" and 75-1" displacement type water meters.
On October 4, 1978, it was recommended that these meters be purchased from
Carlon Meter Company of Grand Haven, Michigan for $36,126.25 on the basis of
low bid meeting specifications. The apparent low bid of $32,425 by Fuller
Supply Company of Lubbock, Texas was not recommended because turbine type
were bid instead of positive displacement type meters as required by the
specifications. The item was tabled for two weeks for a further report
from the Public Utilities Department.
Regular Council Meeting
October 18, 1978
Page 9
Motion by Holt that this item be removed from the table, seconded by Sample,
and passed unanimously.
Motion by Holt that the recommendation of the staff be accepted and the
subject displacement type water meters be purchased from Carlon Meter Company of
Grand Haven, Michigan, for $36,126.25 on the basis of,low bid meeting specifications;
seconded by Juarez.
Mr. Walter Fuller, representative of the Fuller Supply Company of Lubbock,
Texas, requested that he be allowed to speak on this matter. Mayor Lozano consented,
and Mr. Fuller again contended that the testing performed on the meters from his
company was not done under normal operating procedures. He pointed out that the
testing of the Linco meters was in accordance with AWWA specification C-705,
whereas, the approved testing for such meters was according to AWWA specification
C-708.
Mr. Fuller also objected to the fact that he was not allowed to be present
when the tests were performed, even though he had requested that he be informed
when the tests were going to be conducted. He also questioned the type of ques-
tionnaires that were sent to other cities requesting information in regard to the
Linco meters. He pointed out that Albuquerque, New Mexico had previously ordered
meters from his company and contended that his meters were satisfactory, since that
city had just recently ordered 10,000 additional meters.
Council Member Juarez referred to a memorandum from Mr. Douglas Matthews,
Director of Public Utilities, which provided further information in regard to the
Linco water meters, and asked Mr. Fuller to explain the statement that the City
of Lockhart, Texas had purchased 72 Linco meters approximately 11 years ago; dis-
coloration of the dials had occurred; yet, the Fuller Company had not honored the
warranty.
Mr. Fuller replied that his company did not plan to replace those particu-
lar water meters because the discoloration was caused by the heavy lime deposits
that existed in the water supply in the City of Lockhart.
Council Member Sample referred to Mr. Fuller's statement that his water
meters should have been tested according to the AWWA specification C-708 and asked
Minutes
Regular Council Meeting
October 18, 1978
Page 10
for an explanation as to why they were not tested according to those specifications.
Mr. Matthews explained that the City's specifications called for the meters
to be in accordance with the C-705 specifications and a specific flow rate,
because the staff felt that this was the accuracy that the City needed. He also
stated that the C-708 specification iso rather broad specification which does not
deal with a particular flow rate.
Council Member Sample pointed out that the specifications for the Linco
water meter are the C-708 specifications.
Mr. Fuller then read the specifications listed under C-708 and contended
that those specifications are even more stringent than those listed under C-705.
Mr. Matthews explained the method of testing that was done and assured the
Council that the meters selected for testing were from various parts of the City.
Assistant City Manager Walker asked the Council to consider the fact that
the staff has no ulterior motives in recommending the award of bid to the Carlon
Meter Company, because they feel that these meters will save more water for the
consumer than the Linco meters.
Further discussion followed, and Mr. Walker assured the Council that if
they wanted more testing performed, the staff would be glad to do so, but the
staff did not feel that this would make any difference.
City Attorney Aycock reminded the Council that the bid specifications
called for a displacement type meter that would meet the testing specification
C-705, and the Linco water meters do not meet those specifications.
Mayor Lozano called for the vote on Mr. Holt's motion to purchase the
meters from the Carlon Meter Company, and the motion passed by the following
vote: Lozano, Diaz, Holt and Juarez voting "Aye"; Sample voting "Nay"; Gulley
and Gill, absent.
* * * * * * * * * * * *
Mayor Lozano called for consideration of the next tabled matter:
b. Closing of portions of Johanna Street located generally between Kostoryz
Road and Richter Street and adjacent to the proposed Ventura Plaza Unit 5
Subdivision. A hearing was held on this item last week and it was tabled
for one week so that the abutting property owners could be contacted to
ascertain their desires in this matter.
Minutes
Regular Council Meeting
October 18, 1978
Page 11
Motion by Sample that this item be removed from the table, seconded by
Juarez, and passed unanimously.
Assistant City Manager Walker reminded the Council that the public hearing
on closing portions of Johanna Street was conducted last week, at which time the
matter was tabled to enable the staff to contact the abutting property owners to
determine their desires concerning the possibility of dedicating right-of-way for
the street and whether or not they preferred to have the street open. He asked
Mr. Larry Wenger, Chief Planner, to report on the results of this survey.
Mr. Wenger passed around a map of the area on which was indicated the pro-
perty owners who did not want the street open, as well as the one that did. He
stated that he had been unable to contact the owner of Lots B-1 and B-2, but all
of the other property owners preferred that the street be closed, with the excep-
tion of the owner of Lot A. Mr. Wenger also stated that the owners of the Shopper's
World property do not want the street open if they have to dedicate right-of-way
from their lot but had stated that they would like to have the portion of Johanna
Street from Larcade Drive to Richter Street remain open to provide access to their
loading docks.
Motion by Holt that the dedicated fragmented portions of Johanna Street
between Kostoryz Road and Richter Street be closed; seconded by Juarez; and passed
unanimously.
* * * * * * * * * * * *
Mayor Lozano announced the public hearings on four zoning applications.
Assistant City Manager Walker announced the public hearing on Application
No. C978-4, City of Corpus Christi, for change of zoning from "A-1" Apartment
House District and "B-4" General Business District to "B-3" Business District on
a 10.82± acre tract of land out of Lot 4, Section 9, Bohemian Colony Lands located
on the northwest corner of Weber Road and Saratoga Boulevard. Mr. Walker stated
that both the Planning Commission and the Planning Staff recommend approval.
Chief Planner Wenger informed the Council that the reason for the request
for change of zoning to "B-3" is because the property is located within the noise
zone of Cabaniss Field and that the owner is in agreement with the request change.
Minutes
Regular Council Meeting
October 18, 1978
Page 12
Mr. 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 explained that
the requested zoning would eliminate the possibility of the property being used
for residential development.
No one spoke in regard to this application.
Motion by Sample that the hearing be closed, seconded by Juarez, and passed
unanimously.
Motion by Holt that the Council concur with the recommendation of the Plan-
ning Commission and approve the zoning of "B-3" for Application No. C978-4; seconded
by Juarez; and passed unanimously.
Assistant City Manager Walker noted that Mrs. Rosa Gonzales was present to
represent the Planning Commission in the event the Council had any questions con-
cerning the zoning applications.
* * * * * * * * * * * *
Assistant City Manager Walker announced the public hearing on Application
No. 978-5, Mr. J. C. Byles and Mr. Floyd H. Jaeger, for a change of zoning from
"R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on
Lot 16 and the west 10 feet of Lot 15, east 60 feet of Lot 15 and west 10 feet of
Lot 14, east 60 feet of Lot 13, Lot 12 and west 10 feet of Lot 11; Block 2;
Koolside Addition, located on the north side of McArdle Road approximately 120
feet east of Lum Avenue. Mr. Walker informed the Council that both the Planning
Commission and the Planning Staff recommend denial, but in lieu thereof, that
"AB" Professional Office District be granted only on the west 10 feet of Lot 11
and the east 60 feet of Lot 12.
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
explained that the Commission and Staff recommend approval of "AB" on only the
portion described above because they feel that it would be inadvisable to have
this type of zoning directly across from residential property and they feel that
professional office zoning should not be extended beyond this point at this time.
Council Member Holt indicated that he felt that this entire area will even-
tually be zoned for business.
Minutes
Regular Council Meeting
October 18, 1978
Page 13
Mr. Wenger pointed out that if this zoning is approved, the residential
area would be completely surrounded by business zoning.
Mayor Lozano called for comments from Mrs. Gonzales on this zoning case.
Mrs. Gonzales informed the Council that she was not present at the Planning
Commission meeting at which this case was presented. She explained, however, that
the Commission has attempted to meet the needs of the people and at the same time,
protect the residents of Nolan and Lum Streets. Mrs. Gonzales pointed out that the
residents of these streets have to contend with extremely heavy traffic and the
poor conditions that exist on McArdle Road. She stated that the residents of these
two streets have previously expressed concern about egress and ingress to their
homes, particularly in an emergency situation. Mrs. Gonzales summarized her
remarks by stating that the Commission feels that some consideration should be
given to the residences as long as they are used for single-family dwellings.
Representing the applicants was Mr. Virgil Howard, Attorney. Mr. Howard
presented a written response from Mr. W. E. Colson, who owns four lots within
the affected area, expressing approval of the zoning change. Mr. Howard continued
his presentation by pointing out that this section of McArdle Road is in transi-
tion due to the approval of zoning for a large shopping mall between McArdle Road
and South Padre Island Drive; Lot 10 has been zoned "AB"; there is no longer a
violation of usage on Lot 16, owned by Mr. Byles, as is indicated on the zoning
and land use map, because Mr. Byles has removed his office from this location and
is using the building for personal storage.
Mr. Howard stated that his clients objected to the arbitrary line to stop
business zoning as recommended by the Planning Commission. He pointed out that
this is an older type residential area that is rapidly changing character and is
no longer suitable for residential use. Mr. Howard further stated that his clients
would accept the "AB" zoning in lieu of "B-1" zoning. He noted that some of the
residents had objected to this change of zoning because traffic would be increased,
but he contended that the traffic is already so congested, that this change of zoning
would not appreciably increase traffic. He urged that the Council vote to approve
"AB" zoning for all of the lots in the request.
Minutes
Regular Council Meeting
October 18, 1978
Page 14
Council Member Diaz noted that there was one lot between these lots on which
the change of zoning had been requested and inquired if the owner of this lot had
expressed opposition to the change of zoning. Chief Planner Wenger replied that
this owner had not indicated opposition to the zoning request.
Mr. Howard then introduced his clients, Mr. J. C. Byles and Mr. Floyd
Jaeger, and explained that Mr. Jaeger had previously opposed business zoning in
this area but now wished to have his property rezoned according to the trend
towards business or professional office zoning in the area.
Council Member Diaz inquired of Mr. Byles about his plans for his property,
and Mr. Byles explained that he planned to remodel the building and move his office
back to this location.
Council Member Sample, who was presiding in the brief absence of Mayor
Lozano, invited comments from members of the audience who are opposed to the
zoning application.
Mrs. D. E. Pittaway, 1309 Nolan Street, expressed opposition to the change
of zoning because the residents of the area are being almost completely surrounded
by business zoned property. She noted that they are constantly being forced to
come to Council Meetings to express opposition to business zoning in the neigh-
borhood. Mrs. Pittaway questioned the statement that Mr. Byles is no longer con-
ducting business on Lot 16, stating that she frequently sees cars going to and
from the building on that lot. She further explained to the Council that the
residents of Nolan and Lum Streets find it almost impossible to depart their
streets because of the heavy traffic, particularly early in the morning and in
the evening. Mrs. Pittaway also expressed the fear that in the event of a fire
in her neighborhood, fire trucks would find it impossible to gain access to either
street.
Council Member Sample explained to Mrs. Pittaway that her neighborhood is
in a transition period, and he feels that the logical approach would be the solu-
tion recommended by the Planning Commission that only a portion of this request
be approved "AB."
Council Member Diaz asked about the feasibility of placing a traffic light
at Nolan Street to enable residents to depart the street.
Min,.,.es
Regular Council Meeting
October 18, 1978,
Page 15
Assistant City Manager Walker replied that the ideal plan to relieve the
severe traffic problem is to widen McArdle Road to provide four moving lanes of
traffic, but explained that this will not be accomplished until some time in the
future.
Council Member Diaz reiterated that a controlled traffic light at the
intersection of Nolan Street and McArdle Road would provide a temporary solution.
Assistant City Manager Walker stated that the staff will investigate this possi-
bility.
Council Member Holt asked for a further explanation of the Commission's
recommendation to only grant "AB" zoning on two lotsand establish a line beyond
which "AB" zoning will not be approved.
Chief Planner Wenger explained that the imaginary line was recommended
because residences exist on both sides of the street beyond that point.
No one else spoke in regard to this application.
Motion by Holt that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Sample that the Council concur with the recommendation of the
Planning Commission and deny "B-1" zoning but in lieu thereof, approve "AB" zoning
only on the west 10 feet of Lot 11 and the east 60 feet of Lot 12; seconded by
Juarez.
Mr. Howard stated that this partial approval would not be acceptable to
his clients.
Assistant City Manager Walker stated that if the applicants prefer "AB"
zoning approval on all of the lots, such approval would require five affirmative
votes of the Council since the Planning Commission has recommended against "AB"
zoning for all of the lots.
Council Member Holt suggested that the matter be tabled until all members
of the Council are present.
Council Member Sample then withdrew his motion, and Council Member Juarez
withdrew his second to the motion.
Motion by Holt that Application No. 978-5 be tabled until all seven Council
Members are present, seconded by Sample, and passed unanimously.
* * * * * * * * * * * *
Minutes
Regular Council Meeting
October 18, 1978
Page 16
Assistant City Manager Walker announced the public hearing on Application
No. 978-6, Anglo Iron & Metal Company of San Juan, for change of zoning from "R -1B"
One -family Dwelling District to "I-3" Heavy Industrial District on a .120± acre
tract of land out of an 8.01 acre tract of land, Francis Hatch Estate Tract out of
the Peterson Tract located on the northwest corner of Industrial Road and Flores
Street. He stated that both the Planning Commission and the Planning Staff recom-
mend approval. Mr. Walker informed the Council that this was basically a corrective
change of zoning of a very small portion of land.
Chief Planner Wenger located the small strip of land on the zoning and land
use map, described the land use in the surrounding area, and showed slides of the
area. He explained that this change of zoning would serve to make the property of
this owner the same zoning.
Mayor Lozano invited those who wished to speak in opposition to do so at
this time.
Mrs. Linnie Mills, representing Rose Hill Cemetery, addressed the Council
and informed them that at the time this company began operation at this location,
they were to have installed an 8 -foot fence, topped with barbed wire, and this has
never been done. Mrs. Mills stated that the conditions at the site are very
unsightly, and the batteries are stored quite high.
Assistant City Manager Walker agreed that the area is littered with debris
but explained that the City is attempting to have all of the property owners in
the area improve the conditions. Mr. Walker explained that a drainage problem
exists in the area, and when this is solved, the City hopes that the owners will
clean up their property.
Mrs. Mills continued by stating that snakes, mice and mosquitoes are in
the area. She also expressed concern that the road leading to the subject pro-
perty will have to be reworked if the heavy traffic is increased and indicated
that she did not think that the owners of the cemetery should have to bear the
cost of street improvements if they become necessary.
Council Member Diaz inquired of Mrs. Mills if she is expressing opposition
to the change of zoning.
Min—zs
Regular Council Meeting
October 18, 1978
Page 17
Mrs. Mills replied that she is primarily objecting to the debris on the
tract of land and is concerned that the Cemetery will have to pay for street
improvements. Mrs. Mills also questioned the fact that the fence was never
installed.
Council Member Holt inquired of Mr. Walker if the owners of the Anglo
Iron & Metal Company are opposed to erecting a fence, and Assistant City Manager
Walker stated that he is not familiar with that requirement and was not sure who
was supposed to erect the fence.
Mrs. Mills informed the Council that she had contacted the Sanitation
Division in regard to the fence and the debris in the area and was told by per-
sonnel in that department that they would not contact the owners' representative,
Mr. Cecil Burney.
Assistant City Manager Walker pointed out that this company started their
operation at this location about 14 years ago, and the matter will have to be
investigated; however, this has nothing to do with this particular zoning case
because the owner is only attempting to make the zoning comply with the zoning
on the remainder of their property.
No one else spoke in regard to this zoning application.
Motion by Holt that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Holt that the Council concur with the recommendation of the Plan-
ning Commission and grant zoning of "1-3" on Application No. 978-6; seconded by
Sample; and passed unanimously.
Council Member Holt requested that the staff determine why the fence
referred to by Mrs. Mills was never constructed.
AssisEant City Manager Walker stated that if the requirement for a screen-
ing fence ran with the land, the City can still require that it be installed.
* * * * * * * * * * * *
Assistant City Manager Walker announced the public hearing on the Text
Amendment to Zoning Ordinance, Article 31, Newly Annexed Territory, Section 31-5,
by adding thereto one new Subsection to be numbered 31.5-20 to pre -zone a 26.3
acre tract of land out of Lot 1, Section 14, Bohemian Colony Lands located on
Minutes
Regular Council Meeting
October 18, 1978
Page 18
the southwest corner of Chapman Ranch Road and Saratoga Boulevard "I-2" Light Indus-
trial District prior to annexation. Mr. Walker stated that both the Planning Com-
mission and the Planning Staff recommend approval.
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 stated
that the owner of the land is in the process of platting the property, and when the
tract is annexed by contract, this tract will already be properly zoned to reflect
the use planned.
No one spoke in regard to this application.
Motion by Sample that the hearing be closed, seconded by Holt, and passed
unanimously.
Motion by Sample that the Council approve the Text Amendment to the Zoning
Ordinance, Article 31, Newly Annexed Territory, as outlined above and as recommended
by the Planning Commission and the Planning Staff; seconded by Diaz; and passed
unanimously.
* * * * * * * * * * * *
Mayor Lozano called for the ordinances. Assistant City Manager Walker
'briefly explained the ordinances.
Mayor Lozano called for comments from the Council or members of the audience
on the ordinances.
Mr. John Stensland, member of the Marina Board, referred to the ordinance
setting the Marina space rental contracts and informed the Council that the members
of the Marina Board had met with the City Manager in regard to the contracts, and
the new contracts were prepared by the staff. He stated that the Marina Board had
no desire to have the ordinance passed on an emergency basis.
After further discussion of this ordinance, Mayor Lozano requested that this
ordinance be considered on a three -reading basis.
There was no further discussion on the ordinances. City Secretary Read
polled the Council for their votes, and the following ordinances were approved:
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE MONTHLY USE PRIVILEGE AGREEMENTS WITH PER-
SONS DESIRING TO BERTH WATERCRAFT WITHIN THE CITY MARINA, ALL AS MORE FULLY SET
FORTH IN THE MARINA SPACE RENTAL CONTRACT AND MARINA SPACE SUBLEASE AGREEMENT FORMS,
A SUBSTANTIAL COPY OF EACH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED
EXHIBITS "A" AND "B."
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Diaz, Holt, Juarez and Sample voting "Aye"; Gulley
and Gill, absent.
Minutes
Regular Council Meeting
October 18, 1978
Page 19
FIRST READING:
REPEALING ORDINANCE NO. 13424, PASSED SEPTEMBER 29, 1976; GRANTING BLUEBONNET
TRANSPORTATION COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND
PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE
ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS
RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF
RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING
FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR
DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE
WITHIN THIRTY (30) DAYS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
FIRST READING:
GRANTING CORPUS CHRISTI TRANSPORTATION COMPANY, A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS
RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT
DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING
OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR
MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION;
PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING
BY GRANTEE WITHIN THIRTY (30) DAYS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
FIRST READING:
GRANTING RED TOP CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND
PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING
TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON
OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS
RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING OF A STATEMENT OF
RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING
FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR
DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE
WITHIN THIRTY (30) DAYS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
FIRST READING:
GRANTING LONNIE KING, D/B/A KING CAB COMPANY, INC., A FRANCHISE ON AND OVER THE
PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR
THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF
GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE
AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE
FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH
CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER
SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE
IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
Minutes
Regular Council,Meeting
October 18, 1978
Page 20
FIRST READING:
GRANTING JOE E. MANUEL, D/B/A STAR CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS
RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT
DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING THE FILING
OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR
MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION;
PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING
BY GRANTEE WITHIN THIRTY (30) DAYS.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES, BY ADDING A NEW
SUBSECTION, SUBSECTION (e) METER ZONE NO. 5, TO PROVIDE FOR PARKING LIMITED TO
FIFTEEN MINUTES UPON THE DEPOSIT OF ONE FIVE -CENT COIN AND LIMITED TO THIRTY
MINUTES UPON THE DEPOSIT OF TWO FIVE -CENT COINS BETWEEN THE HOURS OF 8:00 A.M. AND
6:00 P.M. ON ANY DAY EXCEPT SATURDAY AFTERNOON, SUNDAY AND HOLIDAYS OFFICIALLY SET
BY THE CITY COUNCIL ON THE HEREINAFTER DESIGNATED STREETS; AMENDING SUBSECTION (a)
METER ZONE NO. 1, ITEM (8), LOWER BROADWAY, AS MORE FULLY SET FORTH HEREINAFTER;
AMENDING SUBSECTION (b) METER ZONE NO. 2, ITEM (8), UPPER BROADWAY, AS MORE FULLY
SET FORTH HEREINAFTER; AND AMENDING SUBSECTION (d) METER ZONE NO. 4, BY DELETING
ITEM (5), SOUTH ONE-HALF OF THE BLOCK, ANTELOPE STREET TO BUFFALO STREET; REPEALING
ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE
DATE.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON
CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES
ON NUECES BAY BOULEVARD, WEST SIDE, FROM A POINT 190 FEET SOUTH OF THE CENTERLINE
OF SUMMERS STREET TO WEST BROADWAY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
SECOND READING:
GRANTING CORPUS CHRISTI SIGHTSEEING SERVICES, INC., dba GRAY LINE OF CORPUS CHRISTI,
A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE
CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPEATING A SCENIC MOTOR TOUR SERVICE;
PROVIDING FOR A CHARGE OF FOUR PERCENT (4%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE
THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR
THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH
CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER
SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE
IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS.
The foregoing ordinace was read for the second time and passed to its third reading
by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley
and Gill, "absent".
Minutes
Regular Council Meeting
October 18, 1978
Page 21
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF
CORPUS CHRISTI AND SOUTHWEST AIRLINES COMPANY COVERING RENTAL OF SPACE IN THE
INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL
AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT AUTHORIZED
BY ORDINANCE NO. 13992, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 26, 1977,
BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS AIRLINES, INC., COVERING RENTAL OF
SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT,
ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE LEASE 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
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS
CHRISTI AND HEADQUARTERS, THIRD GROUP, TEXAS WING, CIVIL AIR PATROL, FOR THE USE OF
120 SQUARE FEET OF OFFICE SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS
CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE 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
reading by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye";
Gulley and Gill, "absent".
ORDINANCE NO. 14557:
CLOSING THE UNOPENED ALLEYS IN BLOCKS 9, 10, 11 AND 12 OF THE STEELE ADDITION,
FROM DUNCAN STREET TO HARMON STREET SUBJECT TO THE RETENTION OF A 10' WIDE UTILITY
EASEMENT IN EACH OF THE ALLEY RIGHTS' -OF -WAY AND CLOSING THE 10' ALLEY IN BLOCK 8
OF STEELE ADDITION FROM HARMON STREET TO PORT AVENUE ALL IN THE CITY OF CORPUS
CHRISTI, COUNTY OF NUECES, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14558:
GRANTING A REVOCABLE EASEMENT TO COUNTRY CLUB ESTATES ASSOCIATION, INC. FOR ERECTION
OF TWO MASONRY ENTRANCE MARKERS ON ST. ANDREWS DRIVE AT THE ENTRANCE OF COUNTRY CLUB
ESTATES, UNIT 16, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
Minutes
Regular Council Meeting
October 18, 1978
Page 22
ORDINANCE NO. 14559:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MS. PATRICIA RAY NUSS AND
MS. CHRIS ANN BROWN, FOR AGRICULTURAL WATER SERVICE TO LOT 20, SECTION 31, FLOUR
BLUFF AND ENCINAL FARM AND GARDEN TRACTS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT "A",
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14560:
AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN THE SAN PATRICIO MUNICIPAL
WATER DISTRICT AND SEABOARD WATER SUPPLY CORPORATION FOR THE SALE OF TREATED WATER
TO THE CORPORATION BY THE DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
RESOLUTION NO. 14561:
NAMING THE PARK TO BE LOCATED AT THE SOUTHEAST CORNER OF ROYALTON AND ST. ANDREWS
STREETS AS "ST. ANDREWS PARK"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14562:
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF
PARCELS 1 THROUGH 4, 6, 10, 11 AND 13 (6 UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS
AND 2 FEE SIMPLE ACQUISITIONS) IN CONNECTION WITH THE OSO WASTEWATER TREATMENT
IMPROVEMENTS, PROJECT 250-61-25.5; APPROPRIATING OUT OF THE 250 SANITARY SEWER BOND
FUND $36,000, OF WHICH $33,130 IS FOR ACQUISITION AND $2,870 IS FOR CONTINGENCIES
AND INCIDENTAL COSTS RELATING TO CLOSING; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14563:
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 CLAY MORGAN BY GRANTING A SPECIAL
COUNCIL PERMIT IN CONFORMITY WITH "AB" PROFESSIONAL OFFICE DISTRICT ON LOT 26, BLOCK 6,
KOOLSIDE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE
PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREIN-
AFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14564:
CLOSING THE PORTION OF BAYMOOR BOULEVARD LYING BETWEEN LOTS 218 AND 219 OF BAYMOOR
ADDITION AND FROM EBONY STREET TO THE DEADEND AT THE SOUTHWESTERN REFINING COMPANY'S
PROPERTY, SUBJECT TO ALTERNATE FIRE LANE BEING DEDICATED BY THE OWNERS, SOUTHWESTERN
REFINING COMPANY; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent"-
Minutes
Regular Council Meeting
October 18, 1978
Page 23
ORDINANCE NO. 14565:
AMENDING THE SANITARY SEWER MASTER PLAN TO COMBINE THAT PORTION OF AREA 20-B-1,
WEST OF CORN PRODUCTS ROAD SHOWN ON PLATE 22, ESTIMATED AT APPROXIMATELY 14 ACRES,
WITH AREA 24-A-1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE NO. 14566:
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 CITY OF CORPUS CHRISTI BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 10.82+ ACRE TRACT OF LAND OUT OF
LOT 4, SECTION 9, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND "B-4" GENERAL BUSINESS
DISTRICT TO "B-3" 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 passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE N0. 14567:
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 ANGLO IRON &
METAL COMPANY OF SAN JUAN BY•AMENDING THE ZONING MAP BY CHANGING THE ZONING ON
.120+ ACRE TRACT'OUT'OF AN 8.01"ACRE 'TRACT;'FRANCIS HATCH ESTATE TRACT OUT OF THE
PETERSON TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM
"R -1B" ONE FAMILY DWELLING DISTRICT TO "I-3" HEAVY INDUSTRIAL DISTRICT; KEEPING IN
EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
ORDINANCE N0. 14568:
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 PARTICULARY AS AMENDED BY
ORDINANCE N0. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING
ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A
NEW SUBSECTION, TO BE NUMBERED 31-5.20, SETTING FORTH ZONING CLASSIFICATION ON THE
DESCRIBED TRACT OF LAND WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING
DESCRIBED AS A 26.3 -ACRE TRACT OF LAND OUT OF LOT 1, SECTION 14, BOHEMIAN COLONY LANDS;
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND
DECLARING AN EMERGENCY.
The Charter Rnle•was suspended and the foregoing ordinance passed by the following
vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley and Gill, "absent".
* * * * * * * * * * * *
Minutes
Regular Council Meeting
October 18, 1978
Page 24
Mayor Lozano called for petitions or information from the audience on matters
not scheduled on the agenda.
Mr. Mike Zepeda addressed the Council again, stating that he is representing
Mr. Reynaldo Chapa, an employee at Corpus Christi Museum. Mr. Zepeda informed the
Council that on October 7, 1978, Mr. Chapa filed a grievance against his supervisor,
Mr. Carroll Williams; the City had refused to allow Mr. Chapa to be represented by
the union; and on October 11, Mr. Aalbert Heine had called a meeting of Museum
employees and had requested that Mr. Chapa submit a report.
Assistant City Manager Walker requested that the Council declare this matter
out of order because it has not been through the proper grievance procedure and is
not properly before the Council. He informed the Council that this matter has not
been presented to the City Manager.
Mr. Zepeda alleged that he has not been able to present it to the City
Manager.
Assistant City Manager Walker reminded Mr. Zepeda that he was in the City
Manager's office earlier in the day, but this matter was not even mentioned at
that time.
Mr. Zepeda again contended that Mr. Chapa was denied union representation.
Assistant City Manager Walker assured the Council that this employee was
not denied union representation and reiterated that the matter has not been
brought to the City Manager's attention and is, therefore, not properly before
the Council.
Mr. Zepeda alleged that there have been other instances involving grievances
at which time the City staff would not allow the employees involved to be repre-
sented by the union.
Mr. Walker requested that Mr. Zepeda discontinue making accusations without
any proof. Mr. Walker explained to the Council that the State law provides that
an employee can be represented by a union representative or any other representa-
tive selected by the employee, and the City follows the State law. He assured the
Council that if Mr. Chapa has a grievance, the City Manager will be happy to work
with him or his representative as soon as it is presented to the City Manager.
Min,__d
Regular Council Meeting
October 18, 1978
Page 25
Mr. Zepeda reiterated that the grievance has been filed by Mr. Chapa; he asked
for union representation; and this request was denied. Mr. Zepeda then presented
the Council with copies of the State law as it pertains to grievances.
Assistant City Manager Walker again stated that Mr. Zepeda was improperly
before the Council in discussing this matter. He informed the Council that the
City Manager has always complied with the State law in regard to grievances and
that a memorandum had been written to all employees informing them that they have
a right to representation by the union or anyone else they desire in the matter of
grievances.
Mr. Zepeda stated that he is appearing before the Council to ask them to
instruct the City Manager to hear complaints of employees and allow them to have
the union represent them.
Assistant City Manager Walker emphasized that the Council does not have to
instruct the City Manager to comply with the law because management has always
complied with the law.
Mayor Lozano then requested that Mr. Zepeda leave the podium.
Speaking on another matter was Mrs. Bernelle Logue, 1213 Ray Drive, who
referred to a used car lot that is being installed at the intersection of Carroll
Lane and Staples Street. Mrs. Logue informed the Council that she and others in
her neighborhood had registered their written objections to the zoning on this
property, but it was approved by the Council last week. Mrs. Logue informed the
Council that a drainage problem exists on Ray Drive which has been further aggra-
vated by the owner of the used car lot because he built up his property.
Assistant City Manager Walker explained that drainage problems created in
this manner are usually between the two property owners, but if an alley exists,
then it may be a City problem. He stated that this drainage problem will be inves-
tigated by the staff to see who is responsible.
Council Member Holt stated that he would like to have a report on this
matter in two weeks, and Assistant City Manager Walker indicated that the staff
will have a report by that time if possible.
There being no further business to come before the Council, Council Member
Sample moved for adjournment. The motion was seconded by Council Member Holt.
Minutes
Regular Council Meeting
October 18, 1978
Page 26
Assistant City Manager Walker informed the Council that he understood that
a hearing before the department head of the Corpus Christi Museum has been set on
Mr. Chapa's grievance for Thursday.
Mayor Lozano called for the vote on Mr. Sample's motion to adjourn, and the
motion passed unanimously at 5:10 p.m., October 18, 1978.
DZ