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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