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HomeMy WebLinkAboutMinutes City Council - 11/08/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 8, 1978 2:00 P.•°M. City Manager R. Marvin Townsend 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 Stephen Bryant of St. John's United Methodist Church. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Motion by Council Member David Diaz that the minutes of the Regular Council Meetings of October 11, October 18 and October 25, 1978, be approved as presented; seconded by Council Member Tony Juarez; and passed unanimously. Mayor Lozano announced that the following proclamations had been presented in his office prior to the Council Meeting: "MARINE CORPS WEEK" - November 9-15, 1978; "VIETNAM VETERANS' WEER" - November 12-18, 1978; and "YOUTH APPRECIATION WEEK" - November 12-18, 1978. Mayor Lozano called for appointments to °Boards and Committees. City Mana- ger R. Marvin Townsend reviewed the nominations which were discussed during the Workshop Meeting. Motion by Mayor Pro Tem Bob Gulley that the following appointments be con- firmed; seconded by Council Member Ruth Gill; and passed unanimously: COASTAL BEND CONSORTIUM ADVISORY COUNCIL Dr. Walter McCoy PLANNING COMMISSION Mr. Hamer Johnson Term to Expire 9-30-79 7-31-80 0 41880 Minutes Regular Council Meeting November 8, 1978 Page 2 LA RETAMA LIBRARY BOARD Term to Expire Mrs. Mary (Jeff) Bell 11-5-80 Mr. Bob Dupuy 11-5-80 Mr. Jim Boggs 11-5-80 HOUSING AUTHORITY (Appointed by Mayor, confirmed by Council) Mrs. Debbie Dumpily 4-4-79 * * * * * * * * * * * * Mayor Lozano presented 30 -year pins to the following City employees: EMPLOYEE DEPARTMENT POSITION Mr. Bill Anderson Fire Fire Captain Mr. Tex Villarreal Health Sanitarian III Mr. Lorenzo Perez Gas Equipment Operator III * * * * * * * * * * * * Mayor Lozano announced a presentation by representatives of the Zavala Neighborhood Council. Mr. Ben Ramos, Chairman of the Zavala Neighborhood Council, presented a petition containing 109 signatures from residents of the Zavala School area requesting that Los Leones Bar, which is located at the corner of Ruth and Eleanor Streets, not be permitted to reopen. Mr. Ramos cited the following prob- lems as the reason they object to the bar: (1) Inadequate parking on the premises; (2) Intoxicated customers of the bar sometimes bother citizens who are passing by the bar; and (3) The bar is located in close proximity to Zavala Elementary School and the students must pass the bar to reach the school. Mayor Lozano explained to Mr. Ramos that the County Judge issues beverage licenses, not the City, and suggested that a similar petition be presented to the County Judge. As background information, City Manager Townsend informed the Council that this establishment's permit has expired; an application for renewal has not been submitted to the County Judge; and that since they previously had a beverage license, they will not be required to comply with the advertising that is required by the State. Council Member Diaz inquired if the City has any control at all over this place of business. City Manager Townsend replied that the zoning for this property is "B-1"; bars are allowed in such zoning; therefore, there is nothing that the City Minutes Regular Council Meeting November 8, 1978 Page 3 can do to prevent the bar from reopening. Mr. Townsend stated that this bar might have same minor violations, such as the absence of hot running water which is now required according to the State law. Council Member Gill suggested to Mr. Ramos that any violations that occur in connection with the bar should be reported to the police. After further discussion, City Manager Townsend suggested to Mr. Ramos that he present this petition to the County Judge after a staff member had made a copy , for the City Secretary's files. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations-andlrecommended that: a. Bids be received at 11:00 a.m., Tuesday, December 5, 1978 for the repairing and painting the top twenty feet of the interior and the inside top of two 12,500,000 gallon water storage tanks near Everhart and Holly Roads. b. Purchase Order 48100 for 19 items of asbestos cunt pipe and fittings, awarded to Southwest Utility Supply Company of San Antonio for $139,003.20 on July 26, 1978, be cancelled because of unsatisfactory delivery. It is further recommended that the contract be awarded to the second low bidder, McAllen Pipe and Supply Company, Inc., Corpus Christi, for $154,655.07. An order placed on September 25, 1978, has not been received. Incomplete ,,An have been received on three other orders placed between September 18 and October 11, 1978. Specifications require that delivery be made within 24 hours. McAllen Pipe and Supply's bid represents an increase of approxi- mately 15% over last year's contract. Bids were originally received from four firms. The increased cost of purchasing pipe from another supplier because of Southwest Utility Supply Company's failure to deliver on time will be charged against Southwest Utility Supply Company up until the time of contract cancellation. c. Authority be delegated to the staff to set the dates for zoning hearings before the City Council to reduce the time between the Planning Commissionv's final action on a zoning case and the City Council's hearing. d. The recommendation of the Bay Drilling Committee be approved that McMoran Exploration Company be granted a permit for a production platform in State Tract 348, one mile southeast of the ship channel between Ingleside and Port Aransas. The platform is needed for the production of recently dis- covered low pressure oil wells in the area. Not more than 150 barrels of oil will be stored on`the platform. No exceptions to the Bay Drilling Ordinance are requested. e. The Flour Bluff Lift Station at Laguna Shores Road and Riviera Drive be accepted and final payment of $18,746.88 for a total of $106,975 be made to Glaser Construction Company. The lift station is designed to provide service to areas south of the Tropic Isles channel where laterals are currently being constructed. Due to material delivery delays, the contractor overran the 60 -day contract time by 28 days. A time extension is recommended. f. An agreement be executed with Mr. William D. Wallock, developer of Wooldridge Creek Subdivision for one half the coat of constructing street improvements around the subdivision's dedicated park ($13,276.68). The subdivision is bounded by Wooldridge, Holly, Airline, and Staples. Minutes Regular Council Meeting November 8, 1978 Page 4 In regard to street construction, Council Member Juarez inquired if deve- lopers of subdivisions are required to construct streets according to City speci- fications. City Manager Townsend replied that the subdivider must construct streets according to City specifications; City inspectors inspect the streets as they are being constructed to see that the proper materials are used; and stated that if a problem exists on some of the streets in subdivisions, a design problem is involved. Council Member Gill suggested that the City's specifications be checked to be sure that they are correct. City Manager Townsend informed the Council that some streets in subdivi- sions are damaged after construction because extremely heavy concrete trucks use the streets during construction of the houses in the subdivisions, and the streets are not designed to withstand that type of traffic. Council Member Sample inquired if the staff had considered the possibility of installing concrete streets rather than asphalt streets. City Manager Townsend replied that the engineers feel that concrete streets • are not flexible enough to compensate for the shifting type of soil that exists here in this City. Mr. Townsend also contended that the cost of such streets would be prohibitive but indicated that if the Council desires, competitive bids could be obtained on both types of construction. Council Member Sample pointed out that asphalt streets require so much maintenance and repair that it might be more economical to construct the streets of concrete, even though the initial cost is greater than that for asphalt streets. g. kh. Parcel 8 of the Oso Treatment Plant Expansion Project, described as 0.615 acres out of Lot 15, Section 19, Flour Bluff and Encinal Farm and Garden Tracts be sold to Mr. and Mrs. Edward Davis for $2,000.00 with a down payment of $250.00 and the balance payable in 48 monthly installments. This property was acquired by the City to provide a 20 foot utility easement and a 20 foot temporary construction easement on the east side of the property, which are being retained. Updated values totalling $100,350 for acquisition of the nine remaining parcels for Corpus Christi Beach, Area "B" be approved and $115,000 be appropriated from the Park Bond Fund, including $100,350 for acquisition and $14,650 for contingencies and related expenses. The parcels are located west of Timon Boulevard and north of Gulden Street and were included in the 1977 bond election. Values were originally approved in 1973. Minutes Regular Council Meeting November 8, 1978 Page 5 3. $6,000 be appropriated from the unappropriated fund balance of the Tourist and Convention Development Fund to update the Visitor Housing Study. The ordinance, passed on October 25, 1978 authorizing the study, did not include the $6,000 appropriation. Values totalling $491,850 for acquisition of 29 parcels in the Bayfront Science Park be approved and $395,000 be appropriated from the Convention Facility Bond Fund, including $380,000 for acquisition and $15,000 for related costs. These parcels are located in Blocks 61, 62, 70, 71, 89 and 96, Beach Addition. k. The Special Council Permit granted to Koinonia Homes, Inc. for 51 units of housing for the elderly behind the First Baptist Church on Ocean Drive on November 30, 1977 be extended for 12 months. Special Council Permits expire after one year unless the premises are being used in accordance with the permit, but the permit can be extended by motion of the Council. Construction has not begun because construction bids were substantially in excess of the money available and the plans are being revised. City Manager Townsend explained that the'staff recommends this extension because of the complexities of the construction of this type of facility. He also pointed out that the Church is financing the project and no public funds will be used. 1. Traffic signal equipment for the 1978-79 Signal Improvement Program be purchased from the following firms on the basis of low bid meeting speci- fications: SIGNAL ENGINEERING COMPANY, Corpus Christi, Texas Lot I - 16 Ornamental Mast Arms & Strain Pole Assemblies $ 27,638.00 Lot II - 5 Full Actuated, Solid State Digital Controllers 5 -phase Dual Left Turn 42,600.00 Lot III - 2 Full Actuated Solid State Digital 3-phase & 2 -phase Controllers 12,525.00 Lot IV - 13 Pre -timed Traffic Signal Controllers w/Auxiliary Equipment 49,356.00 Lot V - 10 Pre -timed Traffic Signal Controllers (Basic -Motor Driven) 20,990.00 Lot VII - 60 Loop Vehicle Detection Amplifiers 4,320.00 Total $157,429.00 TRANS-TRONICS, INC., Ft. Worth, Texas Lot VI - 3 Pre -timed Traffic Signal Controllers Total --- 11,940.00 TRAFFIC CONTROL DIVISION, AUTOMATIC SIGNAL, Arlington, Texas Lot VII - 4 Traffic Signal Control Accessories Lot IX - 76 Traffic Signals (Polycarbonate), adjustable Lot X & expandable; and -123 Pedestrian Signals (Polycarbonate) and ' Pedestrian Push Button Units 1,540.00 21,180.00 Total $ 22,720.00 CLIFFORD OF VERMONT, INC., Bethel, Vermont Lot XI - 38,000 Ft. Traffic Signal Control Cable Total --- 11,153.00 GRAND TOTAL ---$203,242.00 Minutes Regular Council Meeting November 8, 1978 Page 6 Bids were received from 5 firms. Lots IX and X reflect increases of 12 and 29 units respectively to take advantage of lower prices for budgeted replacement equipment ($4,615). Money to purchase Lots I through XI will come from the 1977 Bond Election ($173,737) and the Traffic & Transit Department operating budget ($29,505). Del Mar College will reimburse the Bond Fund $14,107 for traffic signal items associated with campus beautifi- cation plans along Ayers Street. A public hearing be held at 2:00 p.m. during the Regular Council Meeting on November 22, 1978 for closing and abandoning an alley in Block 8, Brooklyn Addition and an adjacent street to provide for expansion of the Master Host Inn. The block is bounded by the Inn, Surfside Boulevard and Coastal Avenue. The street and alley were previously closed in 1958 but construction thereon was prohibited and the City reserved the right to reopen the street and alley. City Manager Townsend located the subject area'on the map. He stated that the alley in Block 8, adjacent to the Master Host /nn, was closed in 1958, but at, that time the City reserved the right to reopen both the alley and the street. He informed the Council that the owners of Master Host Inn have requested that this alley and a portion of Elm Street be closed and abandoned so that they may utilize Block 8, which they own, for a major expansion of the hotel. n. The preliminary assessment roll for street improvements to North Carancahua Street from Winnebago to Buffalo and Winnebago Street from North Carancahua to Upper Broadway be adopted and a public hearing on the assessments be held at the regular Council Meeting at 3:00 p.m., Wednesday, December 6, 1978. The assessment roll has been prepared in accordance with the current assessment policy based on the low bid of King Construction Company. Three parcels are involved. Mayor Lozano called for comments or questions from members of the audience on the City Manager's Reports. There was no response. y 4r Motion by Diaz that the City Manager's Reports, Items "a" thru "n",:be accepted and approved; seconded by Holt; and passed unanimously. * * * * * * * * * * * * Mayor Pro Tem Gulley referred to the Regular Council Meeting of October 18, 1978, at which time he was absent, and inquired about the L -Head bait stand lease which had been withdrawn from the agenda and still has not been placed on the agenda for consideration. He also expressed concern about the delay in awarding the bid ql- for wrecker storage lots, pointing out that the City is losing funds since these contracts have not been awarded. City Manager Townsend replied that he was not sure about the status of the q, y bait stand lease but that it was his understanding that the staff feels that the �i� Minutes Regular Council Meeting November 8, 1978 Page 7 current operator has performed an excellent job of operating the bait stand and the staff feels that the contract should be awarded to him even though he was not the highest bidder. In regard to the wrecker contracts, City Manager Townsend explained that the specifications are in the process of being redrafted. Council Member Holt suggested that the current bait stand operator be asked to pay the City 16% until the matter of the contract award is settled. Mayor Pro Tem Gulley suggested that the bait stand lease be placed on the agenda next week for discussion, and City Manager Townsend 'stated that he will have a status report on this matter. * * * * * * * * * * * * Mayor Lozano declared the Regular Council Meeting recessed at 3:35 p.m. in order to convene the Special Council Meeting scheduled for 3:30 p.m. to conduct public hearings on zoning applications. * * * * * * * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 5:00 p.m. and called for consideration of the following pending zoning case: 10. PENDING ZONING: Mr. Torcuato Luna from "R -1B" to "B-1" on Lot 17, Block 2, Midway Addition located on the south side of Horne Road approximately 250 feet east of Prescott Street was held on May 10, 1978 and denied. In lieu thereof, a special permit was granted for a flower shop and nursery. The 6 months time limit expires on this case on November 10 and a site plan has not been received from the applicant. The Planning Commission recommended "8-1". City Manager Townsend presented the Council with a copy of the site plan which had just been submitted by the applicant. He explained that the special permit will expire if the site plan is not approved today. He then asked Mr. Larry Wenger, Chief Planner, to provide background information on this application. Mr. Wenger located the area on the zoning and land use map and showed slides of the area. He stated that the staff has determined that the site plan is satis- factory and in compliance with the conditions approved by the Council. Motion by Gill that the site plan for the subject tract of land be approved; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained them; City Secretary Read polled the Council for their votes; and the following ordinances were approved: Minutes Regular Council Meeting November 8, 1978 Page 8 ORDINANCE NO. 14603: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. NORTH CARANCAHUA STREET FROM BUFFALO STREET TO WINNEBAGO STREET; 2. WINNEBAGO STREET FROM NORTH CARANCAHUA STREET TO UPPER BROADWAY; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14604: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: NORTH CARANCAHUA STREET FROM BUFFALO STREET TO WINNEBAGO STREET; WINNEBAGO STREET FROM NORTH CARANCAHUA STREET TO UPPER BROADWAY; DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD DECEMBER 6, 1978 AT 3:00 P.M., IN THE COUNCIL CHAMBERS OF THE CITY HALL, 302 SOUTH SHORELINE, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14605: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WILLIAM D. WALLOCK, PRESIDENT OF WOOLDRIDGE CREEK ASSOCIATES, INC., WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK ABUTTING MISTY MEADOW DRIVE AND CRICKET HOLLOW DRIVE, IN THE WOOLDRIDGE CREEK SUBDIVISION, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $13,276.68 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT NO. 220-72-60, WOOLDRIDGE CREEK SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14606: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO ACQUIRE PARCELS 201, 294, 295, 296, 315, 318, 319, 322 AND 325 FOR THE CORPUS CHRISTI BEACH PARK SITES, AREA "B", PROTECT NO. 291-77-2; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $115,000, OF WHICH $100,350 IS FOR ACQUISITION AT THE APPROVED VALUES AND $14,650 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, Gulley, Diaz, Gill, Holt, Juarez, and Samplb voting "Aye". Minutes Regular Council Meeting November 8, 1978 Page 9 ORDINANCE NO. 14607: APPROPRIATING $6,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE TOURIST AND CONVENTION DEPARTMENT FUND (FUND 103) TO ESTABLISH AN APPROPRIATION OF $6,000 IN ACTIVITY 5510 (VISITOR HOUSING STUDY), CODE 301 FORA CONTRACT TO UPDATE THE VISITOR HOUSING STUDY AS PREVIOUSLY AUTHORIZED BY THE CITY COUNCIL ON OCTOBER 25, 1978; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14608: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 67 TBROUGB 72, 74, AND 76 THROUGH 79, BLOCK 61: PARCELS 80- 81, 86 AND 87, BLACK 62; PARCEL 55, BLACK 70; PARCELS 56 THROUGH 61, 63, 64 AND 66, BLOCK 71; PARCELS 16, 17 AND 19, BLOCK 89; PARCEL 90, BLOCK 96, ALL IN CONNECTION WITH THE BAYFRONT SCIENCE PARK PROJECT, NO. 209-76-1.3; APPROPRIATING OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND THE SUM OF $395,000, OF WHICH $380,000 IS FOR ACQUISITION AT THE APPROVED VALUES AND $15,000 IS FOR CONTINGENCIES AND INCIDENTAL' COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14609: AUTHORIZING THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT FOR TWENTY-SIX INTERSECTIONS; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND FOR PROJECT NO. 220-77-20.1, TRAFFIC SIGNAL IMPROVEMENTS AT 26 LOCATIONS, THE SUM OF $173,737 FOR THE PURCHASE OF EQUIPMENT AND MATERIALS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt; Juarez, and Sample voting "Aye". ORDINANCE NO. 14610: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI BALLET THEATRE BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $5,000 FOR A FREE COMPLETE PERFORMANCE OF THE "NUTCRACKER" BALLET TO BE PRESENTED DECEMBER 15, 1978 AND THE PRESENTATION OF PORTIONS OF THE BALLET TO SCHOOLS, LIBRARIES,. AND OTHER LOCATIONS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley and Holt, "Nay". ORDINANCE NO. 14611: 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 TORCUATO LUNA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A NURSERY AND FLOWER SHOP ON LOT 17, BLACK 2, MIDWAY ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE 'PARTICULARLY DESCRIBEIX)N THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN"CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". * * * * * * * * * * * * Minutes Regular Council Meeting November 8, 1978 Page 10 Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Robert Cornell, 614 Texas Avenue, a former City employee, addressed the Council in regard to his termination as an employee and the events following his dismissal. Mr. Cornell alleged that the City staff, the Civil Service Board, and the City Council, who had upheld the decision of the Civil Service Board to deny his appeal in regard to his dismissal, had all conspired against him and caused his family grief. Mr. Cornell continued his presentation by charging that the Council had committed a violation of Article II, Section 16, subsection (d) of the City Charter when they passed Ordinance No. 14472 on an emergency basis. He contended that this ordinance,which sets forth the procedure for filing appeals of boards and commis- sions,denied him the opportunity to present evidence to the Council that would support his claim that he was unfairly dismissed. Mr. Cornell made specific charges of•unfair treatment against the late Mr. W. N. Scarborough and Assistant City Manager Archie Walker. He further alleged that the City Council was biased when considering his request for an appeal of the decision of the Civil Service Board and the action taken was not proper according to the City Charter. Mr. Cornell also referred to the news coverage of his case after his appeal was denied and stated that he objected to the responses made by Mayor Pro Tem Gulley and Council Member Sample. Mr. Cornell then informed the Council that this matter is not closed. Mayor Lozano informed Mr. Cornell that the Council would not take any further action and suggested that his only recourse is through the courts. Mr. Cornell reiterated that the Council had acted in violation of the City Charter and refused to hear his appeal but gave no reason for their refusal. Council Member Diaz explained to Mr. Cornell that the reason his appeal was denied was because the appeal was poorly drafted and did not present any admissible evidence that would warrant allowing an appeal of the decision of the Civil Service Board. Mr. Cornell again stated that he had come here to see that his appeal is reconsidered. Minutes Regular Council Meeting November 8, 1978 Page 11 Mayor Lozano asked Mr. Cornell to leave the podium and be seated. City Manager Townsend explained to Mr. Cornell that City Attorney Bruce Aycock would be happy to explain the current status of the matter in his office. Mr. Cornell indicated that he did not care to discuss this with Mr. Aycock and asked that the Council act on the matter. Mayor Pro Tem Gulley informed Mr. Cornell that the Council did not care to listen to any further remarks and asked him to be seated also. Council Member Gill stated that she would like to question the City Attorney before other matters are considered in regard to Mr. Cornell's charges that the Council had not complied with Article II, Section 16, of the City Charter. City Attorney Aycock read the article in question and stated that Mr. Cornell did not appeal under this particular section of the Charter. Mr. Aycock contended that Mr. Cornell was afforded due process in that his case was reviewed by the Civil Service Board and by the City Council, and it was determined that his reasons for the appeal did not satisfy the terms of the ordinance pertaining to appeals of City boards and commissions; therefore, the appeal was denied. Mr. Aycock pointed out to Mr. Cornell that his representative was present at the time the Council considered his request for an appeal. City Attorney Aycock assured the Council that they had complied with the requirements pertaining to appeals of City departments, divisions, agencies, etc., as listed in Article II, Section 19. He stated that he would be glad to explain the entire matter to Mr. Cornell and inform him as to the procedure to be followed if he cares to appeal the matter to the courts. Mr. Cornell again asked that the Council hear his appeal.* Mayor Lozano again asked Mr. Cornell to be seated. *(Mr. Cornell became very emotional during his presentation and made several derogatory remarks about the Mayor, the Council Members, the Civil Service Board and the City staff.) Council Member Sample asked for an explanation about the proper procedure that should be followed in order to have someone escorted from the Council Chambers when the dignity of the Office of the Mayor and of this Council is violated. City Manager Townsend explained that such action would require an order by the Chair or a motion of the body of the Council, indicating that a motion is Minutes Regular Council Meeting November 8, 1978 Page 12 all that is required. * * * * * * * * * * * * The next citizen speaking before the Council was Mrs. Tommie Ballengee, 2830 Austin Street. Mrs. Ballengee referred to the public hearing conducted some time ago in connection with the closing of the 2900 Block of Austin Street and inquired if an ordinance had ever been passed which actually closed that street. City Manager Townsend assured Mrs. Ballengee that the ordinance was passed closing that portion of Austin Street subject to certain conditions being met. Mr. Townsend then requested that a staff member bring the ordinance to the Council Chamber for Mrs. Ballengee to examine. Speaking on another matter was Mrs. Louise Bocock, 1258 Devon Street, who is active in crime prevention. Mrs. Bocock referred to a letter that was pre- sented to the Council which was written on "Hands Up" stationery and which referred to a proposed legislative bill concerning crime prevention. She assured the Council that she had not written the bill and informed them that it was pre- pared at the request of the El Paso Police Department. Mrs. Bocock explained that the draft bill is designed to deter crime and that she is making every effort to have the bill introduced in the legislature. Mrs. Bocock also reported to the Council on several meetings concerning crime prevention that she has recently attended or plans to attend in the future. * * * * * * * * * * * * Council Member Sample moved that the Council go into closed session under the authority granted under Article 6252-17c of V.A.C.S. to discuss the Kocurek case. The motion was seconded by Council Member Diaz and passed unanimously at 5:34 p.m. * * * * * * * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 5:59 p.m. There being no further business to come before the Council, on motion by Diaz, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 6:00 p.m., November 8, 1978.