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HomeMy WebLinkAboutMinutes City Council - 11/15/1978PRESENT: * Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 15, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Bob Gulley called the meeting to order in the Council Chambers in the temporary absence of Mayor Gabe Lozano, Sr., who was conducting business in his office. The invocation was given by the Reverend Samuel Calk of Gateway Christian Center. *Mayor Lozano arrived at the meeting at 2:07 p.m. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano called for appointments to Boards and Committees. City Manager R. Marvin Townsend reviewed the nominations which were discussed during the Workshop Meeting. Motion by Sample, seconded by Gill and passed, that the following appointments to the Landmark Commission be approved and confirmed, as follows: Sam Pennington (Reappointment); Bill Holland (Reappointment); Terry Wood (Reappointment); Larry J. Adams (Reappointment); Myron Grossman (Reappointment); Ms. Margaret Ramage (Reappoint- ment); Arthur W. Zeitler; and Ms. Loretta Shaw; all terms ending 11-20-80. Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations and recommended that: a. Bids be received at 11:00 a.m., Tuesday, December 5, 1978 for a 12 month's supply of milk (182,000 half pint containers) and bread (9,612 loaves) for the elderly nutrition program. Minutes Regular Council Meeting November 15, 1978 Page 2 b. Bids be received at 11:00 A.M., Tuesday, December 5,1978 for repairing and rehabilitating the baggage claim conveyor at International Airport. Some of the conveyor rollers and plates are badly worn and need replacement or realignment. The equipment was used when purchased. The work is not budgeted but inspection reveals it needs to be done now to avoid more costly repairs later and resulting extended downtime. *c. An elevator maintenance contract for one year for the Auditorium be awarded to EMCO ELEVATOR COMPANY, Corpus Christi on the basis of low bid of $2,940. Bids were received from three firms. In regard to the elevator maintenance contract, Mayor Pro Tem Gulley inquired as to what services would be provided for the amount of $2,940 submitted. City Manager Townsend replied that periodic services would be provided by the EMCO ELEVATOR COMPANY; they would be on a 24-hour call; and that no overtime would be involved. Being there was more clarification needed on the material, at the suggestion of City Manager Townsend, this item was withdrawn for one week until a full report could be submitted to the Council. d. 29,200 tons of caliche, which is the balance of 1978-79 requirements, be purchased from B & C MATERIALS, Kingsville, on the basis of low bid of $131,400 or $4.50 per ton. Bids were received from two firms. Price comparison shows an increase of 28% since the last contract award in December, 1976. The only bid received several months ago ($6.11 per ton) was rejected because it was too high. Specifications were revised to eliminate the requirement that the contractor build a separate stockpile for City use. Under the revised specifications, the contractor can use caliche previously crushed and stockpiled. e. A permit be granted to Atlantic Richfield Co. to drill the No. 8 well in State Tract 396, Corpus Christi Bay. The proposed regular location is one- half mile southeast of the ship channel between Ingleside and Port Aransas. All Bay Drilling Ordinance requirements have been met. f. A 12 -month contract be approved with the Community Development Corporation, effective August 1, 1978,for $35,000 for assistance in the conduct of the Housing Rehabilitation Loan Program and the City's efforts to expand housing stock for low and moderate income families. The $35,000 will include $20,000 from the 4th year Community Development program and $15,000 budgeted in the General Fund. g. The proposed contract with the Corpus Christi Yacht Club for lease of Pier "L" (40 slips) and construction of Pier "M" (26 slips) be amended prior to 2nd reading: (1) To provide that Pier "M" will become City property upon acceptance by the City, (2) To increase the Yacht Club's payment for rent whenever other slip rates are increased, (3) To delete any reference to construction of access piers at the termination of the lease, (4) To delete the City's option to cancel and related obligation to pay the unamortized cost of the pier if the lease is cancelled. Minutes Regular Council Meeting November 15, 1978 Page 3 The proposed lease provides that 26 new slips will be leased by the Yacht Club at published rates (now $957.83) per month or $57,470 over the 5 years. The Yacht Club would lease the 40 existing slips at $1,907 per month, $412.40 per month less than existing rates or $24,746 during the 5 -year lease. The Club will spend $76,500 for the 26 new slips and have $5,716 to offset vacancies and collection costs during the 5 years. ($57,470 plus $24,746 or $82,216 income less $76,500 cost or $5,716) City Manager Townsend distributed to the Council copies of the revised proposed contract, stating that this matter had come before them on September 13, 1978 and explained the new lease in detail including the additions and deletions. Mayor' Gabe Lozano inquired if the amount of public liability insurance was for the same amount as that in last year's contract. City Manager Townsend informed Mayor Lozano that the insurance amount had been increased. h. The Convention and Tourist Bureau be permitted to use the ticket office in the Bayfront Plaza Auditorium for a temporary office for convention sales staff until the addition to the Bureau office building is completed. The Bureau has been renting space at 505 South Water Street, but will lose the lease at the end of November. The lease of the ticket office would be on a month to month basis at $179 per month. i. Four additional census tracts be declared eligible for Community Development Block Grant Program activities. These census tracts are 1, 8, 13, 30. This action will make these areas eligible for housing improvement loans and for future consideration for public improvements from community development block grants. The census tracts are located: Tract 1 - Corpus Christi Beach Tract 8 - North of Old Brownsville Road, from Omaha extended to beyond International Airport and over to Leopard Street and Highway 44, Tract 13- from Baldwin to Morgan and from Staples to Port Ave. Tract 30- Flour Bluff from Naval Air Station to Purdue. In regard to item "i", City Manager Townsend presented the Council with a copy of the City's Census Tracts Map, pointing out that the areas colored in yellow were the proposed additional eligible census tracts. Mayor Pro Tem Bob Gulley asked City Manager Townsend what the requirements were to be eligible for housing improvement loans from the Community Development Block Grant. City Manager Townsend then requested that Mr. Ernest Briones, Director of Planning and Urban Development, give a brief explanation on the above recommendation. Mr. Ernest Briones proceeded to say that in order to be eligible, the areas would have to have a median income of 80% or below of the median income of the Metropolitan Area; these figures are based on the 1970 census which are still being used; and that programs can be included in the new application. Mr. Briones further explained that money is available now for rehabilitation but that there is no money Minutes Regular Council Meeting November 15, 1978 Page 4 for capital improvements at the present time; however, if the Council so desires, it will be available in the next application which will be drawn next week. Mr. Briones added that public improvements loans are being encouraged at this time. J• A resolution be submitted requesting designation of the Corpus Christi Metropolitan Planning Organization as the lead agency for the Nueces County area to continue the planning process for a Transportation Control Plan and to incorporate into the plan revisions to the State Implementation Plan for Air Quality. Metropolitan planning organizations have been designated under recent amendments to the Clean Air Act as the local agency to develop trans- portation control plans. The plan will involve investigation of alternatives to reduce total vehicle miles and auto emissions. The Environmental Protection Agency will make 100% grants to develop the plans. Mobile sources (i.e., vehicles) account for only 12% of the photochemical oxidants in Nueces County. City Manager Townsend gave a detailed explanation regarding item "j", adding that he would like to give a slide presentation during next week's Workshop meeting which should give a better view of air pollution. City Manager Townsend stated that he fully recommends that this City should be designated as the lead agency for the Nueces County Transportation Plan. Council Member Diaz inquired if this would require additional personnel. City Manager Townsend responded that the Environmental Protection Agency would provide the sources. Council Member Gill inquired as to who the application would be submitted to. City Manager Townsend informed the Council that the application would be submitted to the Governor of Texas, further explaining that the Governor's Office has recommended that this application be prepared. k. The following proposal in the Kocurek lawsuit involving Waldron Road drainage improvements be approved: (1) The City will clean out the boat basin to a depth of five feet and maintain it at a three to five foot depth for 10 years. (estimated cost $6,000) (2) The City will construct and maintain for 10 years a wooden bulkhead at the location of the existing bulkhead. (estimated cost $5,000) (3) The City will replace three existing 30" concrete pipes with two 3-1/2' by 7' box culverts in Laguna Shores Road so as to redirect drainage. The culverts have already been built as part of the original drainage project. (estimated cost of $5,000 already available) (4) Mr. Kocurek will grant a drainage easement across the north corner of his property and withdraw his opposition to the City's pending appli- cation for a Corps of Engineers permit. Minutes Regular Council Meeting November 15, 1978 Page 5 (5) Mr. Kocurek will be paid $12,000 for his out-of-pocket expenses incurred as a result of the litigation and in compromise of the law suit. (6) The City will deposit surplus fill material from projects in the vicinity of the Kocurek property on the property for one year. Material will be deposited on ground over elevation 2.0'. 1. The lease agreementjwith the Buccaneer Commission for the Buccaneer Days Carnival be renewed -for "another five years. The current lease expires with the 1979 carnival. Changes to be added to the lease include: (1) clean-up provisions would be strengthened, including more adequate daily clean-up and the option to the City of using city forces and billing the Commission for clean-up work, (2) setback provisions from both sides of Shoreline Drive would be strengthened, (3) standing water, other than rain water, would be removed continuously from the carnival grounds. (4) public liability and property damage insurance would be increased from $50,000/ $100,000 to $100,000/$300,000 for any one accident. m. The collective bargaining contract between the City and the Firefighters' Association be amended to restore provisions covering the promotional examination process for Emergency Medical Technicians (Firefighter 11) which were inadvertently left out. The Firefighters' Association ratified this amendment on November 6 and 7, 1978. It is further recommended that separate letters of agreement be executed with the Police Officers' Association and the Firefighters' Association to clarify the following contract provisions: (1) To clarify that the transition period provided in last year's contract does not carry forward into the new contracts. Eight sergeants and nine lieutenants in Police and one lieutenant and four captains in Fire would not receive their next salary step until the last half of the contract year if the 1977-78 transition provision is still in effect. This change will provide these 15 officers with their final transition step during the first half of the year at a cost of $8,970. The 1978-79 contract did not indicate whether the transition period had been completed or whether it was still in effect. (2) To clarify the procedure for accruing overtime resulting from shift changes within the Police Department by formalizing the long standing practice of allowing officers to accrue hours worked in excess of the regular work week when such overtime hours resulted from a change in regular shifts. In the future all overtime hours accrued in this manner remaining after 6 months following a shift change will be paid at time and one-half. (3) To more clearly set forth that certain sections of the Fire contract supercede State civil service statutes, including entrance and promotional testing and appeal procedures. n. An election be held on Saturday, January 20, 1979, on the question of adopting an amendment to the City Charter in response to the recently submitted petition. o. Plans and specifications for construction of a 50 space parking lot at the north end of Cole Park and storm sewer improvements in the park and McGee Beach be approved and bids be received on December 13, 1978. The storm sewer work will eliminate the washouts which have occurred near the seawall at McGee Beach. The Cole Park work was included in the 1977 bond election. Minutes Regular Council Meeting November 15, 1978 Page 6 P. Reports. A hearing be held at 2:00 p.m. during the Regular Council Meeting on November 22, 1978 on the appeal of Mr. Edgar Moore from the decision of the Planning Commission requiring a 120' building line along Ayers Street on the preliminary plat of Saratoga Industrial Place. The property is located at the southwest corner of Saratoga Blvd. and Ayers St. outside of the City limits. The 120' building line was required to provide for a 300' right-of-way and a 20' set -back for a possible extension of the Crosstown Freeway as provided in the Corpus Christi Urban Transportation Plan. Mayor Lozano called for comments from the Council on the City Manager's Relative to item "K" -(l), Mayor Pro Tem Gully asked if the City will be cleaning out the boat basin for a period of ten years at the $6,000 cost. City Manager Townsend informed him that it would only be cleaned once or twice, or whenever the depth decreases to less than -3' elevation. Mayor Pro Tem Gulley referred to item "1" in regard to the Buccaneer Carnival, inquiring if Park Street was a City street, why then did the Council not go through the regular procedure for street closings as they do for "Bayfest". City Manager Townsend explained that the City is not actually closing the street but controlling the traffic for a period of days and that in this case, there is no objection because the surrounding property is owned by the City. He further added that this can be done through a recommendation or an ordinance, and in this case, the recommendation authorizes the action. Mayor Lozano called for comments from the audience regarding the City Manager's Reports. Attorney, Edwin Prichard, Jr., 4925 Cherry Hills, addressed the Council relative to Item "n", concerning the recommendation that an election be held on January 20, 1979 on the question of adopting an amendment to the City Charter, stating that he was here as an individual and a concerned citizen over the lack of action which would have a devastatingeffecton this City. Mr. Prichard stated that he would like to point out that the people in this community are being taxed to the point that it hurts and want some relief. Mr. Prichard expressed the opinion that the Hoag. petition, provides the citizens an ax that they can swing. Mr. Prichard further added that the Council has been sensitive in the past to various courses in City government but completely insensitive to taxpayers even when found that the taxes collected are more than the City needs and not returned; that if the Council does not provide an alternative to give the citizens a choice, they are smugly saying that the citizens won't swing that ax. Minutes Regular Council Meeting November 15, 1978 Page 7 Mr. Prichard strongly urged that the Council consider that an alternative proposal to the charter amendment proposal be placed on the ballot of January 20. Council Member Ruth Gill spoke in the Council's defense, stating the word "smug" does not apply to any of them and that the choice of words used by Mr. Prichard were slightly inflammatory. Council Member Gill added that she appreciated any constructive suggestion that Mr. Prichard might give but did not appreciate any inflammatory rhetoric. Attorney Prichard apologized to Council Member Gill for using the word "smug", adding that his suggestion is that the Council needs to deal with the problem and not merely rely upon their ability to explain to the citizen that it is not good to vote for the tax relief. He reiterated that the citizens should be given a choice. Council Member Gill, in rebuttal, stated that the City Council is offering the citizens a choice -- either to adopt or not adopt the charter amendment proposal. Attorney Prichard spoke again and referred to the unanticipated excess in ad valorem taxes that the staff realized would be available after the budget had been adopted. He took exception to the fact that this money was not returned to the taxpayers in the form of tax rate decrease. Mr. Prichard further added that he would like to assure the Council that he is not present to speak for Mr. Hoag's proposal but as a concerned citizen and friend who would like to see that the Council seriously consider and come up with something to show the taxpayers that the Council is willing to do the right thing. Mayor Gabe Lozano objected to Mr. Prichard's remarks stating that the Council did not know this money was going to be available and after discussion by them, it was the opinion of the majority of the Council that some operating funds should be retained for the incoming Council. Council Member Joe Holt stated that he has been a strong advocate of an alternative proposal since the beginning and that when he had made the motion calling the election during the Special Workshop Meeting of Thursday, November 9, he had purposely left it open so as not to eliminate the possibility of adding an alternative amendment. He further encouraged anyone present, and any others, to bring forth any suggestions they may have in regard to an alternative. Minutes Regular Council Meeting November 15, 1978 Page 8 Council Member Diaz expressed his opinion that an inclusion of an alternative would be admitting to the citizens that the Council did not do a good job in elimi- nating excess from the budget. He added that it was the Council's consensus that the money be retained until next Spring, because if money that had not even been received were returned, the City might be operating in the "red". Mayor Pro Tem Gulley stated that he had been pleading for an alternative plan; agreed with Mr. Prichard that if an alternative proposal is not given the citizens, the Hoag proposal will pass and that will hurt the City more; and suggested that the City's alternative proposal include cutting the budget by two million dollars and limiting the ad valorem tax income to 2% per year but to allow the sale of voter approved bonds. Mayor Pro Tem Gulley further stated that he had been approached by several persons who have indicated to him that unless an alternative plan is included, the Hoag amendment will pass. Council Member Sample stated that he disagrees with an alternative amendment because he felt that the Council should explain to the citizens of the consequences if the charter amendment is approved. He reminded the Council that many citizens had appeared before the Council during the budget hearings indicating that they did not want a cut in public services. Council Member Sample further stated that the choice should be clear to the citizens; it is up to the Council to decide whether or not to consider the City's growth; and urged the Council not to prepare an alternative amendment on the ballot. Council Member Gill questioned Mayor Pro Tem Gulley's remarks as to how a definite percentage could be determined. Mayor Pro Tem Gulley reiterated his suggestion to cut the budget by two million dollars and limit the ad valorem tax income to 2% per year. Council Member Diaz asked City Manager Townsend what the tax cut would be on a $20,000 home, based on a 2i% reduction in the tax rate, City Manager Townsend informed the Council that it would only be about $5 a year total. Mayor Gabe Lozano asked for any further comments or questions from the audience on the City Manager's Reports. There was no response. Motion by Diaz that the City Manager's Reports, Items "a" through "p", with the exception of Item "c", which was withdrawn, be approved; seconded by Holt; and passed unanimously. :tt*t:t*, * * * Minutes Regular Council Meeting November 15, 1978 Page 9 Motion by Holt that Council Member Juarez, who was unable to attend because of a death in the family, be excused for just cause; seconded by Sample and passed unanimously. Mayor Lozano announced the public hearings on four zoning applications. City Manager Townsend announced the public hearing on Application No. 1078-9E, Nueces National Bank, for an Exception to the Standard Screening Fence Requirement, along the property line.of Lots 3 through 10, Block 4, Roosevelt Place, located on the northeast corner of South Port Avenue and Frances Street. City Manager Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval of this request, and in response to the notices of the public hearing, two were returned in favor. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the adjacent property owners concur that they are not adversely affected and have no objection to the applicant's proposal of a chain link fence in lieu of the screening fence. Mr. Wenger further added that the vacant area adjacent to the residences will be used for parking and that the MH/MR will use a portion of the area to the north for a playground, which will be partially fenced. Mr. Wenger explained that the staff's recommendation for approval was on the basis that there is already heavy vegetation along the perimeter of the parking area which screens the bank operation from view. No one spoke in regard to this zoning application. Motion by Diaz that the hearing be closed; seconded by Holt; and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and approve the waiver of the Screening Fence Requirement on Application #1078-9E; seconded by Diaz; and passed unanimously. * * * * * * * * �Y City Manager Townsend announced the public hearing on Application No. 1078-11E, Drill Collar Inspection Company, Inc., for an Exception to the Standard Screening Fence Requirement along the west property line of Lot 3, Block 1, Hudson Acres Annex, located on the south side of Leopard Street approximately 200 feet east of Main Drive. Minutes Regular Council Meeting November 15, 1978 Page 10 City Manager Townsend informed the Council that the Planning Staff's rec- ommendation is for denial; however, the Planning Commission's recommendation is for approval with the requirement that a chain link fence be constructed with appropriate landscaping to screen the view; and that in response to the notices of the public hearing mailed, three had been returned -- two in favor and one in opposition. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the staff's recommendation for denial was on the basis that the subject property is zoned industrial immediately adjacent to the rear of residences facing on Main Drive which makes it desirable to have a wooden screening fence. Mr. Wenger pointed out that there is a misconception that a wooden fence would obstruct the wind because a wind chart indicates that it will go over the fence and come right back down into the yard; that the current bond issue contained an item to improve drainage, streets and curbs and gutters on Main Drive; and money has also been made available for the owners to improve their homes through the Community Development Block Grant Program. Mr. Wenger further added that concern had been expressed by the Planning staff that the owners along Main Drive were not aware of the facts involved and were of the opinion that open welding could injure children's eyes if they were playing in their back yard but that the applicant had assured the Commission that the welding would take place inside the building and that only drill pipe would be openly stored. No one spoke in regard to this zoning application. Motion by Holt that the hearing be closed; seconded by Diaz; and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and approve the waiver of the Screening Fence Requirement on Application No. 1078-11E with the exception to be null and void unless there is constructed and continuously maintained along said property line a chain-link fence with landscaping to screen the view from adjacent property, seconded by Diaz and passed unanimously. City Manager Townsend next announced the public hearing on Application No. 1078-12, Brookdale Development Company, for a change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on the southeast 66' by 165' of Lot 8, Block 1, Alameda Estates located approximately 350 feet south of Gaines Street and approximately 75 feet east of Eldon Drive. Minutes Regular Council Meeting November 15, 1978 Page 11 City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval, and in response to the notices of the public hearing mailed, two notices and a petition in opposition (16 signatures) had been received. Mr. Townsend also reminded the Council that the petition invokes the 20% rule which requires six affirmative votes of the Council to approve the change of zoning. City Manager Townsend proceeded to inform the Council that there were two problems raised during the hearing before the Planning Commission and that he would like to discuss them at this time. Mr. Townsend stated that one problem is that the request for "A-1" zoning does not require a Screening Fence but the residents in the area would like to have one, and that there is definitely a drainage problem in the area. Mr. Townsend added that a storm sewer on Gaines Street does not exist, but is proposed as part of the drainage improvements in the 1977 Bond Program; the lots on Eldon Drive are flat and water stands for extended periods of time at the rear of Lots 8 through 12; the apartment construction is almost wholly responsible for blocking the natural drainage in the area; and that improvements would be at the owners' expense. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the Planning Staff's recommendation for approval was on the basis that it would be a logical extension of the existing "A-1" and would provide an opportunity to utilize the rear portion of this extremely deep lot and that replatting will require the lot to drain toward Gaines Street. Mayor Lozano called for comments from the audience regarding this application. Mr. V. C. Fulton, 415 Eldon, spoke in opposition to the request stating that he has lived at this location for over ten years and the drainage problem has existed for years. Mr. Fulton continued by stating that he had discussed this problem with Mr. Gerald Smith, Chief Engineer for the City's Engineering and Physical Development, who had assured Mr. Fulton that some kind of drainage system would be installed to eliminate the problem but has not had contact with Mr. Smith for sometime now. Mr. Fulton presented the Council with pictures of his backyard which has standing water for extended periods of time after every rain. Mr. Fulton added that in some instances, residents have had to rent pumps to relieve the drainage in the area. Mr. Fulton further contends that the apartment construction is responsible for blocking the natural drainage in the area and that as long as the large deep lots are not graded Minutes Regular Council Meeting November 15, 1978 Page 12 to drain, he will continue to have drainage problems. City Manager Townsend assured those present that part of the Eldon Drive drainage problem is going to be solved in that the City intends to install a storm sewer in Gaines Street in an upcoming drainage project. Mr. Townsend further stated that the City staff is recommending that the apartment developers extend an 18" storm sewer from the proposed City line in Gaines Street to solve the drainage blockage problem west of the proposed apartments. Mr. James Ramsey, 418 Sharon, also spoke in opposition to the request, noting that he purchased his home before he was aware that apartments were approved adjacent to his lot, and that because there is no fence to provide them with privacy, they might have to change their way of living. Mr. Ramsey urged that the Council consider the petition previously submitted and not grant the request. Mrs. James Ramsey, 418 Sharon, also spoke in opposition, concurring with Mr. Ramsey's statements, and adding that there are certain other problems that exist -- the fact that these townhouses are so close to the rear property line that there is no possible way a fire engine can enter, if necessary; the drainage problem has gotten so bad that it has eliminated all of their gardens; the rear of the apartments are exposed; and only the front facing Gaines Street has a nice fence. She also has complained of several small grass fires caused by transients who smoke in the apart- ment area. Mrs. Ramsey concluded by saying that she does not allow her teenage daughter to go to their backyard after dark because of the danger and asked that the Council not grant this request. Mayor Lozano invited the applicant to speak at this time. Mr. D. C. Brown, agent for the Brookdale Development Company, addressed the Council at this time presenting the original site plan for townhouses and their proposal to complete the project, which will result in reducing the number of units and create more open space. He stated that the units will range from $65,000 to $80,000; that both he and his partner, Mr. B. L. Moorehouse, will establish their residences in the complex; and added that they realize that if they plan to live there, they want to be good neighbors. Mr. Brown stated that they are in the process of having an attorney draw up an agreement to prohibit boats, trucks, and other vehicles from parking in front to eliminate congestion in the street and park; that they have definitely decided that there will be an attractive fence on all sides of their property for safety; and that he feels sure that the expansion of the original project will certainly be a good Minutes Regular Council Meeting November 15,1978 Page 13 chance for improvement to the drainage situation and to the enhancement of the surrounding neighborhood. City Manager Townsend asked Mr. Brown if he had any kind of a drainage plan drawn up as yet. Mr. Brown replied that Urban Engineering is working on this project but that he does not want to go into the expense of a drainage system plan unless he is sure that the request will be granted. City Manager Townsend informed Mr. Brown that a drainage plan would have to be submitted before any consideration could be given this request. Mr. Brown then stated that he would be most happy to have Urban Engineering work with the City Engineers to draw up a plan as soon as possible. Council Member Diaz inquired of Mr. Ramsey if he had seen the revised site plan. Mr. Ramsey replied that Mr. Brown had sent all of the adjacent property owners a revised site plan but that he still objects to the request as it would most definitely interfere with their privacy. Motion by Holt that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Holt that Application No. 1078-12 be tabled until a full Council is present; seconded by Gulley; and passed unanimously. Motion by Mayor Pro Tem Gulley that the ordinance concerning the lease between the City of Corpus Christi and the Corpus Christi Yacht Club be amended prior to its second reading; seconded by Council Member Diaz; and passed unanimously. City Manager Townsend stated that the third reading of this ordinance will be on the agenda next week. * * * * * * * * * * Mayor Lozano called for presentation of the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments from the audience regarding the ordinances. City Secretary Read polled the Council for their votes; and the following ordinances were approved: Minutes Regular Council Meeting November 15, 1978 Page 14 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUCCANEER COMMISSION, INC., COVERING A PERIOD OF FIVE (5) YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUNDS NOT TO EXCEED ELEVEN (11) DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, AND COVERING A PORTION OF THE MUNICIPAL COLISEUM FOR OFFICE SPACE FOR SAID BUCCANEER COMMISSION, INC., ALL AS MORE FULLY SET FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". FIRST READING: ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 20TH DAY OF JANUARY, 1979, UPON THE QUESTION OF ADOPTING AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE HELD; PROVIDING FOR THE HOLDING OF SUCH ELECTION SETTING FORTH PROPOSITION TO BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING SEVERABI- LITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAINTENANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS AND FOR PIER PROPOSED TO BE CONSTRUCTED BY SAID YACHT CLUB, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". THIRD READING - ORDINANCE NO. 14616: 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 OPERATING 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 ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". THIRD READING - ORDINANCE NO. 14617: 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". • i, Minutes Rbgular Council Meeting November 15, 1978 Page 15 THIRD READING - ORDINANCE NO. 14618: 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 CARPUS 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". THIRD READING - ORDINANCE NO. 14619: 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 Ivo.. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". ORDINANCE NO. 14620: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR $35,000, BEGINNING AUGUST 1, 1978 AND ENDING JULY 31, 1979, 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, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". ORDINANCE NO. 14621: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE RENTAL OF THE TICKET OFFICE OF THE BAYFRONT PLAZA AUDITORIUM TO THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU FOR $179 PER MONTH, ON A MONTH-TO-MONTH BASIS, NOT TO EXCEED SIX MONTHS, 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, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". RESOLUTION N0. 14622: REQUESTING THE DESIGNATION OF THE CORPUS CHRISTI METROPOLITAN PLANNING ORGANIZATION AS THE LEAD PLANNING AGENCY FOR THE NUECES COUNTY AREA, TO PREPARE A TRANSPORTATION CONTROL PLAN FOR INCORPORATION INTO THE REVISIONS OF THE STATE IMPLEMENTATION PLAN FOR AIR QUALITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". ORDINANCE NO. 14623: AMENDING THE CONTRACT AUTHORIZED BETWEEN THE CITY OF CORPUS CHRISTI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936, BY ORDINANCE N0. 14511, ADOPTED BY THE CITY COUNCIL ON SEPTEMBER 20, 1978, BY AMENDING ARTICLE IX, SECTION 2, SUBSECTION B (2) CONCERNING VACANCIES IN THE FIREFIGHTER II CLASSIFICATION, AS TO ELIGIBILITY, EXAMINATIONS AND APPOINTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting, "Aye"; Juarez, "absent". Minutes Regular Council Meeting November 15, 1978 Page 16 ORDINANCE NO. 14624: AUTHORIZING THE CITY MANAGER TO ENTER INTO SEPARATE LETTERS OF AGREEMENT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION AND THE CORPUS CHRISTI FIREFIGHTERS ASSOCIATION FOR THE PURPOSE OF CLARIFYING CERTAIN PROVISIONS OF THE PRESENT POLICE AND FIRE COLLECTIVE BARGAINING CONTRACTS, A SUBSTANTIAL COPY OF EACH RESPECTIVE LETTER OF AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", RESPECTIVELY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". ORDINANCE NO. 14625: AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO EDWARD DAVIS AND WIFE, JANIE MAE DAVIS, THAT TRACT OR PARCEL DESCRIBED AS THE 0.615 -ACRE TRACT OUT OF LOT 15, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CONSIDERATION OF $2,000, ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A" AND EXHIBIT "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". ORDINANCE NO. 14626: 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 NUECES NATIONAL BANK FOR EXCEPTION TO STANDARD SCREENING FENCE REQUIREMENTS ALONG THE REAR PROPERTY LINE OF LOTS 3, THROUGH 10, BLOCK 4, ROOSEVELT PLACE LOCATED ON THE NORTHEAST CORNER OF SOUTH PORT AVENUE AND FRANCES STREET, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, and Sample voting, "Aye"; Juarez, "absent". ORDINANCE NO. 14627: APPROPRIATING $12,000 OUT OF THE NO. 295 STORM SEWER BOND FUND FOR SETTLEMENT OF THE PENDING LAWSUIT BETWEEN THE CITY OF CORPUS CHRISTI AND BENJAMIN F. KOCUREK, CAUSE NO. 76-70-A, AS FILED IN THE 28TH DISTRICT COURT, NUECES COUNTY, TEXAS, REGARDING THE WALDRON ROAD DRAINAGE IMPROVEMENTS, TO BE PAID CONCURRENTLY WITH APPROVAL AND SIGNING OF THE JUDGMENT BY SAID COURT, APPLICABLE TO PROJECT NO. 295-72-10.1, WALDRON ROAD & PURDUE ROAD AREA OUTFALL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "absent". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Lisa McBurnett, 1225 Ray Drive, presented the Council with a petition (15 signatures) regarding the backyard drainage problem on Ray Drive and ask that any assistance or suggestions the City might be able to provide will be greatly appreciated. Minutes Regular Council Meeting November 15, 1978 Page 17 There being no further business to come before the Council, on motion by Holt; seconded by Diaz; and passed unanimously, the Regular Council Meeting was adjourned at 5:15 p.m., November 15, 1978. RR