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HomeMy WebLinkAboutMinutes City Council - 12/20/1978PRESENT: 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 DECEMBER 20, 1978 2:00 P. M. City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin *** 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 Reverend Fred Fillmore of the Friendship Baptist Church gave the invocation. 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 Diaz that the Minutes of the Regular Council Meeting of November 22, 1978 and the Special Council Meeting of December 6, 1978 be approved as pre- sented; seconded by Holt; and passed unanimously. *Council Member Ruth Gill arrived at the meeting at 2:10 p.m. Mayor Lozano recognized Dr. Dana Williams, Superintendent of the Corpus Christi Independent School District, and requested that he come forward to accept the proclamation "THE INTERNATIONAL YEAR OF THE CHILD" - January 1, 1979 thru December 31, 1979. Mayor Lozano read the proclamation in its entirety and explained that it was being presented to Dr. Williams because he deals with a very large number of children in his position. **Council Members David Diaz and Edward L. Sample arrived at the meeting at 2:13 p.m. during the foregoing presentation. After accepting the proclamation, Dr. Williams expressed his appreciation and stated that he was proud to represent the children of this community and pledged to redouble his efforts to make life more pleasant for the youth of the City. Mayor Lozano then recognized several citizens who were present in then Q ���� audience and who are associated with various organizations that work with CC 1t,I1 children and youth groups and expressed the Council's appreciation for their��GROT,I'ltl�l' Minutes Regular Council Meeting December 20, 1978 Page 2 efforts. Council Member Gill stated that she was truly impressed that so many citizens had attended this meeting to receive this proclamation and expressed the opinion that this action indicated a willingness to provide special coopera- tion for the betterment of our young people. Mrs. Gill suggested that the representatives present meet with the Council in the future to direct positive action for the improvement of the various youth programs. Mayor Lozano then presented 30 -year pins to the following employees: EMPLOYEE: Mr. Buster Irwin Mr. Eusebio R. Lopez Mr. Marin Gutierrez DEPARTMENT: POSITION: Fire Fire Sanitation Assistant Fire Chief Fire Captain Equipment Operator i* t * t * * do * * .. .. Mayor Lozano announced Board and Committee Appointments. City Manager R. Marvin Townsend reviewed the nominees discussed during the morning Workshop Meeting. Motion by Gulley, seconded by Holt, and passed unanimously that the fol- lowing appointments be confirmed: MUNICIPAL ARTS COMMISSION (Appointed by the Mayor, subject to confirmation by the Council) Mr. Kenneth Owen SENIOR COMMUNITY SERVICES ADVISORY COMMITTEE Mrs. Evelyn Wilson (Reappointment) Mr. Joseph Tassler (Reappointment) Mrs. Jean Wyatt (Reappointment) Mrs. Elizabeth Price (Reappointment) Mrs. Josephine Dobson (Reappointment) Mrs. Flora Pockrus (Reappointment) TERM TO EXPIRE 9-1-79 12-26-80 12-26-80 12-26-80 12-26-80 12-26-80 12-26-80 * *tart * * * * * * * Mayor Lozano announced the scheduled bid opening on the following Engineering project: i Parking lot expansion at the Gas Division Office and yard at Port Avenue and Dillon Lane. Land for the project was purchased in 1977-78. The lot will provide 178 parking spaces alongside the Gas Division building and has been coordinated with the proposed Port Avenue improvements. Minutes Regular Council Meeting December 20, 1978 Page 3 The one bid received was opened and read by Chief Engineer Gerald Smith, of the Department of Engineering and Physical Development, from the Guerra Material and Construction Company. Mr. Smith verified that the proper bid security check was submitted with this bid. Several Council Members questioned the fact that only one bid had been received, and Mr. Smith presented a rather lengthy list of bidders who were noti- fied of the project. He also stated that he had called eight contractors to ascertain why they were not interested in bidding this project and determined that most of them were too busy on other projects. Mayor Lozano stated that the bid will be tabled for 48 hours and referred to the staff for tabulation and recommendation. City Manager Townsend stated that the staff will analyze the bidding proce- dure to see why only one bid was received on this project and provide the Council with a report. Mayor Pro Tem Gulley referred to the upcoming Charter Amendment Election to be conducted on Januar,x0, 5',ry,1979 and requested that the Council be provided with a fact sheet for use by the Council Members so that they can make it clear that they are all in favor of the Council proposition which will be listed on the ballot and opposed to the Hoag proposition. Mr. Gulley stated that he thought it would be helpful for the Council to have the answers to various questions that are presented to them as they speak to different groups and that he would also like for the staff to have a clear understanding of the Council's position in the matter. Council Member Diaz agreed that all of the Council Members should have the same facts and figures from which they could speak. Council Member Holt also agreed that such an outline would be beneficial for them to work from. Council Member Gill stated that she would like to have such a fact sheet which would specify Just what the results would, be if each of the propositions should pass, and also the results if neither passes. City Manager Townsend explained that the Council will not be able to resolve some of the questions that will be raised unless each member agrees as to just what the impact will be. Mr. Townsend referred to a memorandum which he previously pre- pared which resolves some of those questions and stated that although he is not Minutes Regular Council Meeting December 20, 1978 Page 4 completely satisfied with the resulting memorandum, he will present copies to the Council. * * * * * * * * * * * * 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, January 9, 1979 on the following items: (1) 4,000 feet of replacement 2-1/2" cotton/polyester fire hose. (2) Replacement impeller and wear rings for a raw water pump at the Stevens Filter Plant. The pump is 28 years old. The existing rings and impeller are damaged beyond repair. b. Bids be received at 11:00 a.m. Tuesday, January 16, 1979 for the following items: (1) An automatic film inspection cleaning machine for La Retama Library. On April 19, 1978, the City Council approved submission of a grant application to the Texas State Library on behalf of the South Texas Library System which continued La Retama as the major resource center for the system. The grant included this machine which will service the film of all libraries in the South Texas System. (2) Repair built-up roofs at the Water Meter Repair Shop, Water Foreman's Office and Water Division office at 1317 Mestina St. and at the engine room at the Cunningham Filtration Plant. The roofs leak badly and are causing safety hazards around electrical equipment, interior damage and damage to records. 86 replacement bunker coats and 77 replacement bunker pants for the Fire Department. (4) Expansion of the fire and smoke protection system for the Data Processing Department. During the last year, the computer room was expanded by 2,685 sq. ft. to accommodate an expanded computer system. As a result, the current fire protection system is inadequate. c. 121,160 - 1/2 pints of homogenized milk and 60,840 - 1/2 pints of buttermilk for the Elderly Nutrition Program be purchased from VALLEY GOLD, INC., Victoria, on the basis of low bid of $21,434.26. Bids were received from two firms. A price comparison shows an increase of approximately 21% over the previous contract. d. 9,612 loaves of wheat sandwich bread for the Elderly Nutrition Program be purchased from RICHTER BAKING COMPANY, Corpus Christi, on the basis of low bid of $4,517.64. Bids were received from two firms. A price comparison reflects a decrease of approximately 8%. e. The Cole Park E McGee Beach Parking and Storm Sewer project, be awarded to Armor Constructors, Inc., for $56,119.18. The project provides an additional 50 -space parking lot in Cole Park, short storm sewer extensions in Cole Park and across McGee Beach. An appropriation of $62,000 is needed for the contract award and laboratory testing, engineering, and related expenses. (3) .es Regular Council Meeting December 20, 1978 Page 5 f. $260 be appropriated from the Transit Bond Fund for purchase of a metal stand for the recently purchased automatic coin sorter and counter. This was not included in the April 12, 1978 City Council approval because it was thought that the machine could be mounted on an existing table but this mounting is not satisfactory. The equipment is included in a capital grant from the Urban Mass,Transportation Administration and is paid for 80% by the Federal government, 13% by the State, and 7% by the City. g• Values totalling $8,106 for acquisition of Parcels 3 and 7, utility and temporary construction easements for the Oso Trunk Main be approved and $6,000 be appropriated including $5,680 for acquisition and $320 for related costs. The value of Parcel 3 is an amended value from $2,426 to $5,161 to recognize a 130' x 100' area, zoned B-1, fronting on Padre Island Drive for which no allowance was made in the original appraisal. Parcel 3 extends from Padre Island Drive 1,040' south. Parcel 7 extends from Holly Road 1,262.5' south. Both properties involve vacant land. h. The City renew its agreements with the Lower Nueces River Water Supply District to enable the District to avoid a property tax levy. One contract will continue the $75,000 per month payment for water purchases, rather than $40,000 as provided in the original District contract. In either case, the July payment includes a final adjustment to bring the total payment to approximately $990,000 in 1978-79. The second contract will provide an additional $100,000 in equal monthly payments. The budget provided $140,000 for this supplemental payment, but the full amount will not be needed due to high water sales during 1977-78. The payment for 1977-78 was $180,000. i. The outside City water connection ordinance be revised to (1) eliminate the distinction between customers more than 300 feet from the city limits and those less than 300 feet (2) require a contract agreeing to annexation for every new water customer, including transfers (3) adopt a new definition of "port related activity" consistent with council discussions in March, 1978, and (4) require compliance with all city codes for all new construction except farm facilities. These changes will simplify the city's water connection policies outside the city and allow for orderly extension of the city limits. It is further recommended that the first reading of this amendment be scheduled for January 3, 1979 and that the ordinance be read three times to provide ample opportunity for public comment. City Manager Townsend explained that a new definition of "port related industry" will be adopted to eliminate the existing confusion, and the ordinance will provide for only one water policy for all customers outside the City limits and will require that those customers sign a contract agreeing to annexation when the City desires to annex their property, except for agricultural and port -related industries, as newly defined. City Manager Townsend stated that this will apply to areas that are not contiguous with the City. He also expressed the opinion that the Council should be able to make the decision on annexation once City services have been supplied to customers outside the City limits. Mayor Pro Tem Gulley referred to the statement in regard to a contract with the customer and inquired about the procedure if the land changes ownership and the City does not have a contract with the new owner. Minutes Regular Council Meeting December 20, 1978 Page 6 City Manager Townsend replied that if there is a change in ownership, the new owner will have to sign a contract; thus, the City would be protected. Mr. Townsend elucidated by stating that the contract will be for the property, not just the current owner. Assistant City Attorney Bob Coffin assured the Council that the contract would be a covenant running with the land, and any new property owner would have to comply with the requirement to sign a contract. J• That an Escrow Agreement be approved with the State for resurfacing Port Avenue from Crosstown to Ayers and replacing a sewer line in Port from Horne to Crosstown and $430,600 be appropriated for the City's share. The sanitary sewer portion is $236,830 and the street work is $193,770. Both projects were approved in the 1977 bond election and will be funded jointly by the City, State, and Federal government under the Urban Systems Program. Total project cost is estimated to be $1,387,670. k. Plans and specifications be approved and bids be received on January 17, 1979 for Washington -Coles Street Improvements - Phase 1. The project is a 4th year Community Development Pnoject and provides for street reconstruction and rehabilitation on Winnebago Street, Sam Rankin Street, Lake Street, Ramirez Street and Waco Street. 1. The recommendation of the Bay Drilling Committee be approved that a one-time four month extension be granted McMoRan Exploration Co. for comencement of drilling of a well in State Tract 350, approved by the City Council on December 28, 1977 and normally expiring on December 29, 1978. McMoRan Exploration Co. subsequently obtained three additional City drilling permits and their sequence of drilling resulted in a delay in utilizing this permit. The well will be bottomed in Tract 349 at a depth of 9,000 ft. 2000' south of the Ship Channel, approximately 4 miles south of Aransas Pass and 2 miles east of Ingleside. m. The Petroleum Superintendent with the approval of the Bay Drilling Committee, be authorized to grant one extension of time, not to exceed six months, of a drilling permit when drilling will not commence before the expiration date of the permit, if the Operator applies in writing and shows cause. Permits expire one year from date of issue if drilling has not taken place. n. The drilling block and production unit provisions of the Land Drilling Ordinance be amended so as to apply to portions of production units within the City for wells drilled from surface locations outside the City. Such wells within 5,000 feet of the City limits are now subject only to the safety provisions of the ordinance. If the well has a bottom location inside the City all of the ordinance now applies except the drilling block and production unit provisions. o. Contract be approved with Information and Associates, Inc., to design and implement a utility batch system based on the lowest and best proposal of $62,400 plus actual travel and living expenses not to exceed $15,000. Four bids were received ranging from $77,400 to $262,000. All bidders made some exceptions to the proposal guidelines. Information and Associates, Inc., proposed the fewest variations, including: ces Regular Council Meeting December 20, 1978 Page 7 (1) a 10 day cancellation provision by either party at the end of each of the first 3 phases and withholding of final payment of $12,300 up to 90 days after the system is fully operational, in lieu of the performance requirements which were $100,000 performance bond, $25,000 cashiers check, or no payments until 90 days after• the system gets operational. None of the bids met the City's proposed performance provisions. (2) Minor rescheduling of work phases and the payments to conform to their proposed system design. (3) Other changes which are in the nature of contract improvements rather than exceptions. City Manager Townsend informed the Council that proposals for this study were received from several companies, and after much discussion, the staff feels that this company is the best qualified firm to design and implement the utility batch system for a cost of approximately $100,000. He stated that it will require six to nine months to complete the changeover process. City Manager Townsend explained that the utility billing system is very complex and this change is recommended to handle the utility bills more efficiently and rapidly and also to enable the City to use the data processing equipment more fully. Assistant City Manager Archie Walker pointed out that the present system of handling the utility billing is so out of date that it is difficult to employ i people who know how to operate this system. Mr. Bob Poe, Data Processing Manager, stated that this changeover will make the entire operation run much smoother, and if changes are necessary in the future, the staff will be able to make the changes much more quickly. Council Member Sample agreed that the City's system needed updating. ***City Attorney J. Bruce Aycock arrived at the meeting at 3:20 p.m., at which time Assistant City Attorney Bob Coffin departed. P• q, A lease with J. W. Creveling Company, for three vehicles for the Narcotics Task Force of the Police Department, which expires on December 22, 1978, be extended for one year at $210.00 plus $.04 per mile over 1,500 miles per month per unit. Creveling Dodge has agreed to the extension at the same price as last year. The specifications gave the City the right to continue the lease on any or all vehicles for a period to be determined at the end of the lease. The following action be taken on the North Carancahua and Winnebago Street Improvement project: Minutes Regular Council Meeting December 20, 1978 Page 8 (a) That the public hearing on paving assessments held on Wednesday, December 6, 1978, be closed and the assessment roll be adopted. The roll totals $5,783.22 and contains five items. The roll has been revised to reduce the assessment of Real Estate Investment Trust of America by $1,280.54 and to add an item levying assessment in this amount against H.E.B. Further investigation revealed that 50 feet frontage belonged to H.E.B. instead of Real Estate Investment Trust of America. H.E.B. has no objection to the assessment. (b). That the street improvements contract in the amount of $40,177.40 be awarded to King Construction Company, and that $45,000 be appropriated to cover the award, testing, engineering and related expenses. r. A 10' x 296.62' utility easement located on Lot 3A, Block 3, Carmel Village be abandoned. A building encroaches on 5' of this easement and is within 5' of the property line. The developers of the apartments are in the process of meeting the rear yard requirement by purchasing a 5' strip of property from the adjacent property owner and replatting both tracts. Certificates of occupancy and water service will be withheld from the building encroaching on this easement until the additional 5' is acquired and replatting completed. s. Title 11 - D: The City's FY '79 Title 11 CETA contract be modified to increase the contract by $1,027,154. Combined with available FY '78 carry -in funds of $54,536 the contract totals $1,081,690 available for the 6 months. The number of positions are increased from 92 to 230 with 129 positions being transferred from Title VI. The modification includes two sub -agent contracts and three non-profit organization worksite agreements and provides $83,752 for administration, $803,671 for wages, $140,192 for fringe benefits, and $54,075 for training to continue the program from October 1, 1978 through March 31, 1979. t. Title II -D: Title 1I CETA contract modifications be executed with West Oso and Flour Bluff Independent School Districts to extend the contracts from October 1, 1978 to March 31, 1979. The West Oso contract is increased by $23,100 from $79,000 to $102,100 to provide for 10 existing positions. The Flour Bluff contract is increased by $7,800 from $18,900 to $26,700 to continue three existing positions. u. Title II -D: Worksite agreements be extended with the Education Service center, Texas Youth Council and Corpus Christi Arts Council for continuation of six Title II CETA public service employment positions (two each) from October 1, 1978 through March 31, 1979. v. Title VI: The City's FY '79 Title VI CETA contract be modified to deobligate 85% of the available FY '78 carry -in funds ($318,513) and increase the contract by $1,382,620. FY '79 funds available for the October 1, 1978 - March 31, 1979 period total $1,382,620 combined with 15% of the available FY '78 carry -in funds of $56,208 for a total of $1,438,828. The number of positions are reduced from 600 to 370 with 129 positions transferred to Title II and special protects reduced from 157 to 75. The modification includes 10 sub -agents contracts and 19 non-profit organization worksite agreements and provides $112,733 for administration, $1,150,071 for wages, $104,074 for fringe benefits and $71,950 for training to continue the program from October 1, 1978 through March 31, 1979. w. Title VI: Existing Title VI CETA contracts with the following agencies be modified increasing or decreasing the current contracts to extend positions from October 1, 1978 through March 31, 1979. Reductions in the first two projects are the result of contractors not being able to recruit and the termination of special projects. .es keyular Council Meeting December 20, 1978 Page 9 Calallen ISD 8 to 4 positions Corpus Christi ISD 68 to 43 positions Corpus Christi State School 73 to 67 positions Del Mar College 3 to 3 positions Flour Bluff ISD 13 to 13 positions Japanese Art Museum 3 to 3 positions Lulac Educational Service Ctr. 2 to 2 positions Nueces County Community 17 to 16 positions Action Tuloso-Midway ISD 3 to 3 positions West Oso ISD 8 to 8 positions $112,000 to $ 70,900 596,800 to 541,200 473,800 to 604,900 31,500 to 41,600 127,100 to 144,950 18,500 to 31,750 53,200 to 60,100 146,700 to 172,800 44,000 to 55,800 106,800 to 111,850 The total number of positions are decreased from 198 to 162 with contract funds increased fr $1,710,400 to $1,835,850. x. Worksite agreements be extended with 19 public and non-profit community agencies for a continuation of 92 Title VI CETA special project public service employment ositions from October 1, 1978 through March 31, 1979 with the following gencies: American Diabetes Association 1 position Big Brothers/Big Sisters of Nueces County 1 position Children's Heart Program of South Texas 1 position Cliff Maus Village Trust 4 positions Coastal Bend Association for the Mental Health 2 positions Coastal Bend Business and Industrial Bev., Inc. 2 positions Coastal Bend Halfway House for Alcoholics, Inc. 6 positions Corpus Christi International Seamen's Center 2 positions Crisis Intervention Service 1 position Family Counseling Service 1 position Family Debt Counselors 1 position Memorial Medical Center 5 positions Multiple Sclerosis Society 2 positions Nueces County 53 positions Nueces County MHMR Center 1 position Texas Department of Human Resources 1 position Texas Employment Commission 4 positions Texas Employment Commission (WIN Project) 1 position Women's Shelter of the Corpus Christi Area, Inc. 3 positions Mayor Lozano called for comments from the Council on the City Manager's Reports. Mayor Pro Tem Gulley again expressed concern about the proposed OCL contract, and City Manager Townsend stated that he will provide the Council with copies of the current OCL policy for comparison purposes. Mr. Townsend also pointed out that the ordinance pertaining to this will be on a three -reading basis so that there will be ample time for comments from the public. Mayor Lozano called for comments from members of the audience on the City Manager's Reports. Mr. Perry C. Tucker, owner of Corpus Christi Transfer Company, Inc., spoke in regard to Item "k", pertaining to the Washington -Coles Street Improvement, Phase 1, project. Mr. Tucker stated that his company fronts on North Staples Minutes Regular Council Meeting December 20, 1978 Page 10 Street and sides on Winnebago Street. He stated that he had not objected to paying his assessment when North Staples Street was improved, but that he saw no reason to construct sidewalks as planned on this portion of Winnebago Street. Mr. Tucker indicated that he is also opposed to his assessment on Waco Street, expressing the opinion that sidewalks should be deleted from the project and the gutter constructed even with the street. Council Member Holt inquired if this would present any problem and noted that an exception was made on another street project for Alamo Express Company. . City Manager Townsend replied that the staff has been attempting to coordi- nate this project with the abutting property owners; they will work further with Mr. Tucker to work out these problems; the Winnebago Street portion needs to be further examined to see whether or not this kind of arrangement would be safe on that street; and stated that, hopefully, this can be worked out before the paving assessment hearing is conducted. Mayor Pro Tem Gulley and Council Member Sample both agreed that this could be worked out at the public hearing on assessments. City Manager Townsend stated that the staff will have a full report on this problem at the time of the assessment hearing. There was no further discussion on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "x", be accepted; seconded by Diaz; and passed unanimously. Mayor Lozano declared a recess of the Regular Council Meeting at 3:40 p.m. to enable the Council to conduct the scheduled Special Council Meeting on zoning applications. ***********.. Mayor Lozano reconvened the Regular Council Meeting at 5:28 p.m. City Manager Townsend presented the following items which were submitted by the City Secretary: 10. Consideration of Councllmanic Districts. Article II, Section 2-C, of the Charter provides that the City should be divided into four districts and that such districts shall be revised, if necessary, prior to January 1 of odd numbered years "to as near as practical equalize the districts as to number of electors". The City Secretary has determined that the existing districts meet the Charter tests and that the only modification that is needed is to add voting precinct 111 to Area 1 to reflect the annexation of Castle River Subdivision. Minutes Regular Council Meeting December 20, 1978 Page 11 11. Consideration of actions pertaining to the January 20, 1979 City Charter Election. a. Amendment to Section 7 of the election ordinance to provide for publication of the election notice rather than the entire ordinance. b. Approval of the election notice. c. Appointment of election personnel. Motion by Holt that Items 10 and 11 be approved, seconded by Juarez and passed unanimously. City Manager Townsend presented the following item for Council action: 12. Consideration of the Municipal Arts Commission recommendations regarding guidelines for their review of requests for City support of the Arts. Motion by Holt that the guidelines as prepared by the Municipal Arts Commission be approved; seconded by Gill. Mayor Pro Tem Gulley commented that he was very glad that the Municipal Arts Commission had listed as first priority Art in public places. He expressed the opinion that the Commission had done a very good job. Mayor Lozano called for the vote on the motion and it passed unanimously. City Manager Townsend presented the following tabled matters • for Council consideration: 13. TABLED: a. Mr. Paul Ocker, from "R -1B" to "1-2" on Lot 1, Block 9, Lexington Center and a portion of Lot 3, Section 4, Bohemian Colony Lands located on the west side of Ayers Street known as the Viking Twin Drive -In Theatre. This application was heard on November 22, 1978 and tabled for four weeks to see if the operator of the theatre and Swap -O -Rama could improve operations to reduce the complaints from surrounding neighbors. It was tabled for a further week on December 13, 1978 so that the neighbors' representative could be contacted. The Planning Commission recommended denial, but in lieu thereof "B-4" be approved with the provision that a standard screening,fence not be required to be extended westward more than 100' along the northwest property line from Lot 7, Block 7. City Manager Townsend reviewed the facts pertaining to this zoning applIca- tion and pointed out that the request is for change of zoning to "I-2" and stated that the Swap -O -Rama could no longer be conducted if this zoning is not approved. Mr. Townsend reminded the Council that the matter was tabled until a representative of the neighborhood could appear to report on the theatre operation. Minutes Regular Council Meeting December 20, 1978 Page 12 Motion by Holt that the Paul Ocker zoning application be removed from the table, seconded by Diaz and passed unanimously. Mayor Lozano recognized the neighborhood's representative and requested that she provide the Council with her report on the current operation of the Viking Drive -In Theatre, which is located on this property. Mrs. Charlene Brundidge, 5222 Bell Street, stated that she was speaking on behalf of the residents of Lexington Center Subdivision who are opposed to this change of zoning. Mrs. Brundidge spoke at length in regard to the problems created primarily by the operation of the Swap -O -Rama and informed the Council that the conditions have not improved since this zoning case was heard on November 22, 1978. Mrs. Brundidge summarized her presentation by requesting that the Council not approve this request for change of zoning but instead retain the zoning of "R -1B", which would, in effect, make the operation of the Swap -O -Rama illegal. Council Member Diaz inquired of Mrs. Brundidge if she and the other resi- dents objected to the existence of the theatre, or Just object to the operation of the Swap -O -Rama, and Mrs. Brundidge stated that this is what creates most of the traffic problems and other nuisances in the vicinity of the theatre. City Manager Townsend reminded the Council that the 20% rule is in effect; one Council Member has disqualified himself from voting; hence, approval of the request would require five out of six votes of the Council. Council Member Holt expressed the opinion that it would only be fair to allow Mr. Bob Chapman, manager of Corpus Christi Theatres, Inc., to speak also, since Mrs. Brundidge had been allowed to speak for the opposition. Mr. Chapman stated that the operators of the Swap -O -Rama have attempted to conduct their weekend sales more quietly and in a manner so as not to disturb the neighbors, but apparently they have been unsuccessful. Mr. Chapman explained to the Council that he was not previously aware that complaints had been received in regard to the Swap -O -Rama operation, or corrective measures would have been taken earlier. He assured the Council that if they approved the change of zoning to "1-2", the Theatre Company would install the required screening fence. City Manager Townsend summarized the situation by stating that the drive- in theatre is a legal, non -conforming use, but the Swap -O -Rama Is an illegal, M. es Regular Council Meeting December 20, 1978 Page 13 non -conforming use, and if the zoning application is dented, then the Swap -O -Rama operation must be discontinued. Motion by Gulley that the change of zoning request for Application No. 1078-13 be denied, seconded by Diaz and passed unanimously. (Council Member Tony Juarez disqualified himself from both the discussion and the vote on the matter.) City Manager Townsend then presented the second tabled matter to be con- sidered: b. Mr. Lowell Mosley for a change of zoning from "R -1B" One -Family Dwelling District and "SP" Special Permit to "B-1" Neighborhood Business District on Lot 12, Block 1, Koolside Addition located on the west side of Airline Road approximately 275' south of Kimbrough Drive. This application was heard on November 22, 1978. It was tabled at that time and again on December 6, 1978 for further staff study. The Planning Commission recommended denial but in lieu thereof "AB" Professional Office District be approved. City Manager Townsend reminded the Council that the applicant had taken down a portion of the building that was included in the special permit on this property and wanted to rebuild at the same location; he had been advised that the 10 -foot setback would be required since the property Ls adjacent to a lot that is zoned "R -1B"; and Mr. Mosley also wanted to construct a free-standing sign at this location. Mr. Townsend informed the Council that there is no action that could be taken that would change the 10 -foot setback requirement, unless the adjacent pro- perty is rezoned or the Board of Adjustment grants a waiver of the setback require- ment, but there are really no grounds for granting such a waiver. Council Member Juarez noted that the property next door, which is the Bumper to Bumper Auto Parts Store, has a free-standing sign. Mr. Lowell Mosley, the applicant, stated that he has met with City Manager Townsend in regard to this matter, and he understands that if the "B-1" zoning is granted, then the sign can be installed, and he could also go before the Board of Adjustment to obtain a waiver of the 10 -foot setback requirement, which could not be done if "AB" zoning is granted. Mr. Mosley also pointed out that if "B-1" zoning is not approved and they are not allowed to install a free-standing sign, then his business will be completely overshadowed by the sign that exists on the property next door where the Bumper to Bumper Auto Parts Store is located. Minutes Regular Council Meeting December 20, 1978 Page 14 Further discussion followed in regard to the possibility of granting a special permit and other aspects of the case. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and deny the zoning of "B-1", but in lieu thereof, approve "AB" zoning on Application No. 1078-15; seconded by Sample; and passed unani- mously. Mr. Mosley inquired if this decision could be appealed, and City Manager Townsend replied that the matter of the sign installation could be appealed through the courts, or a new zoning application could be filed. ****Council Member Holt departed the meeting at 6:40 p.m. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments or questions from the Council nor members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE LAND DRILLING ORDINANCE BY AMENDING SECTION 35-3 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, ENTITLED "SAME -- LAND DRILLING; FILING CASING PROGRAM," BY ADDING TO SAID SECTION NEW SECTION NUMBERS WHICH WILL REGULATE PORTIONS OF PRODUCTION UNITS LYING INSIDE THE CORPORATE LIMITS OF THE CITY WHEN SUCH PRODUCTION UNITS ARE FORMED FOR WELLS DRILLING FROM SURFACE LOCATIONS OUTSIDE THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS; AMENDING SECTION 35-4, ENTITLED "SAME --WELLS ON LAND DEVIATING FROM VERTICAL," BY DELETING FROM SAID SECTION THE REFERENCE TO DIVISIONS THREE AND FOUR AND SECTIONS 35-97(c), 35-97(1) AND 35-100; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". FIRST READING: AMENDING THE BAY DRILLING ORDINANCE BY AMENDING SECTION 35-417 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, ENTITLED "PERMANENT PERMIT UNLESS TERMED TEMPORARY; TEMPORARY PERMIT; PERMIT TERMS; EXPIRATION OF PERMIT; EXTENSION; APPEAL" TO ALLOW A ONE-TIME EXTENSION NOT TO EXCEED SIX MONTHS OF A DRILLING PERMIT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". Minutes Regular Council Meeting December 20, 1978 Page 15 THIRD READING - ORDINANCE NO. 14666: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON AIRPORT ROAD, WEST SIDE, FROM MORGAN AVENUE TO AGNES STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". THIRD READTNG --ORDINANCE NO. 14667: 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt,•"absent". ORDINANCE NO. 14668: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 3 AND 7, UTILITY AND TEMPORARY CONSTRUCTION EASEMENTS, IN CONNECTION WITH THE OSO WASTEWATER TREATMENT IMPROVEMENTS, PROJECT 250-61-25.5; APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $6,000 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 14562, PASSED AND APPROVED ON OCTOBER 18, 1978, OF WHICH $5,680 IS FOR ACQUISITION AND $320 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14669: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT BY THE TERMS OF WHICH THE CITY AGREES TO MAKE A $100,000 SUPPLEMENTAL PAYMENT TO THE DISTRICT FOR DEBT RETIREMENT DURING THE 1978-79 FISCAL YEAR, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14670: AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT IN WHICH THE CITY AGREES TO MAKE MONTHLY PAYMENTS TO THE WATER DISTRICT TO AVOID A DISTRICT TAX LEVY; PROVIDING FOR THE CANCELLATION OF THIS AGREEMENT SHOULD THE DISTRICT LEVY A TAX, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM 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, Juarez, and Sample voting, "Aye"; Hott, "absent". Minutes Regular Council Meeting December 20, 1978 Page 16 ORDINANCE NO. 14671: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS E PUBLIC TRANSPORTATION, ACTING BY AND THROUGH THE STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CONCERNING THE CONSTRUCTION OF STREET AND SANITARY SEWER IMPROVEMENTS TO PORT AVENUE FROM S.H. 286 (CROSSTOWN) TO AYERS STREET, 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"; APPROPRIATING $430,600, OF WHICH $236,830 IS FROM THE NO. 250 SANITARY SEWER BOND FUND, PROJECT NO. 250-77-8, PORT AVENUE IMPROVEMENTS, CROSSTOWN TO AYERS, FOR THE CITY'S SHARE OF THE CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14672: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH INFORMATION ASSOCIATES, INC., TO IMPLEMENT A UTILITY BATCH SYSTEM, 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, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14673: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: NORTH CARANCAHUA STREET FROM BUFFALO STREET TO WINNEBAGO STREET: WINNEBAGO STREET FROM NORTH CARANCAHUA STREET TO UPPER BROADWAY: AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, G111, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14674: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR STREET IMPROVEMENTS TO NORTH CARANCAHUA FROM WINNEBAGO TO BUFFALO AND TO WINNEBAGO, FROM CARANCAHUA TO UPPER BROADWAY; APPROPRIATING $45,000 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $40,177.40 IS FOR CONSTRUCTION AND $4,822.60 IS FOR ADDITIONAL ENGINEERING, CONTINGENCIES, AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-72-63, NORTH CARANCAHUA, WINNEBAGO TO BUFFALO AND WINNEBAGO, CARANCAHUA TO UPPER BROADWAY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14675: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ARMOR CONSTRUCTORS, INC., FOR CONSTRUCTION OF A PARKING LOT IN COLE PARK AND FOR DRAINAGE IMPROVEMENTS ON McGEE BEACH; APPROPRIATING $62,000, OF WHICH $50,402.64 IS FROM THE NO. 291 PARK BOND FUND AND $11,597.36 IS FROM THE NO. 295 STORM SEWER BOND FUND, SAID FUNDS TO BE DISTRIBUTED AS FOLLOWS: $56,119.18 IS FOR THE CONSTRUCTION CONTRACT, OF WHICH $45,639.18 IS FOR THE COLE PARK IMPROVEMENTS, PROJECT NO. 291-77-1, AND $10,480 IS FOR THE McGEE BEACH DRAINAGE IMPROVEMENTS, PROJECT NO. 295-77-12.2; AND $5,880.82 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING AND CONTINGENCIES, AND IS DISTRIBUTED AS FOLLOWS: $4,763.46 IS FOR COLE PARK IMPROVEMENTS, PROJECT NO. 291-77-1 AND $1,117.36 IS FOR McGEE BEACH DRAINAGE IMPROVEMENTS, PROJECT NO. 295-77-12.2; AND DECLARING AN EMERGENCY. h. .ces Regular Council Meeting December 20, 1978 , Page 17 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14676: AMENDING ORDINANCE NO. 13484, PASSED AND APPROVED ON THE 17TH DAY OF NOVEMBER, 1976, SO AS TO RE-ESTABLISH AND AMEND THE FOUR (4) COUNCILMANIC DISTRICTS ESTABLISHED BY SAID ORDINANCE, INSOFAR AS THE NUECES COUNTY VOTING PRECINCTS COMPRISING EACH DISTRICT ARE CONCERNED, ALL AS MORE FULLY SET FORTH HEREINAFTER; ANNEXING HERETO AN OFFICIAL MAP DELINEATING SUCH AMENDED DISTRICTS, MARKED EXHIBIT "A"; PROVIDING FOR PUBLICATION (WITHOUT SAID EXHIBIT): PROVIDING A REPEALING CLAUSE; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz•, G111, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14677: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR THE RENTAL OF OFFICE SPACE IN THE WEBER BUILDING AT 321 MESQUITE STREET AT 25t PER SQUARE FOOT, FOR TWO YEARS AND ONE MONTH (NOVEMBER 1, 1978 - NOVEMBER 30, 1980) WITH OPTION TO RENEW FOR THREE ONE-YEAR PERIODS INCLUDING THE 52 SPACE PARKING LOT ADJACENT TO THE WEBER BUILDING FOR USE BY THE FINANCE DEPARTMENT; ALL AS MORE FULLY DESCRIBED IN THE COPY OF THE LEASE AGREEMENT, A 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, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14678: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND EDGAR MOORE, A TRUE COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A" AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATIONOF A LANDS, MORE PARTICULARLY -ACRE TRACT OF DD SCRIBED HEREINAFTER BMORE OR LESS OUT OF YYTMETESEAND SECTION 14, ALL SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO: PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Dlaz, GI11, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14679: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH W. W. JONES PROPERTIES FOR 4,608 SQUARE FEET OF SPACE LOCATED IN THE JONES BUILDING THIRD FLOOR AT $1,935.36 PER MONTH FOR ELEVEN MONTHS COMMENCING NOVEMBER 1978 AND 576 SQUARE FEET ON THE FOURTH FLOOR FOR NINE MONTHS AT $241.92 PER MONTH COMMENCING JANUARY 1, 1979, TO PROVIDE OFFICES FOR THE CITY'S CETA ADMINISTRATION AND EMPLOYMENT OPPORTUNITIES PROGRAM OFFICES, AND AUTHORIZING EXERCISE OF 12 -MONTH RENEWAL OPTION IF THE EXECUTION OF SAID OPTION IS WARRANTED, ALL AS IS MORE PARTICULARLY SET FORTH IN THE LEASE 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, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14680: ANNEXING A 26.3 -ACRE TRACT OF LAND, MORE OR LESS, REFERRED TO AS SARATOGA INDUSTRIAL PLACE, OUT OF LOT 1, SECTION 14, BOHEMIAN COLONY LANDS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS, SITUATED IN NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE 970a., V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 20, 1978 Page 18 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14681: APPROPRIATING $260.00 FROM THE TRANSIT BOND FUND FOR THE PURPOSE OF PAYING THE BRANDT COMPANY OF WATERTOWN, WISCONSIN FOR A METAL STAND FOR THE AUTOMATIC COIN SORTER AND COUNTER PREVIOUSLY APPROVED BY THE CITY COUNCIL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14682: AMENDING ORDINANCE NO. 14648, PASSED AND APPROVED BY THE CITY COUNCIL ON THIRD AND FINAL READING, ON DECEMBER 13, 1978, ORDERING AN ELECTION TO BE HELD 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, TO MAKE CHANGES IN SECTION 7, AS HEREINAFTER SET FORTH; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14683: DELINEATING CITY VOTING PRECINCTS, DESIGNATING POLLING PLACE LOCATIONS, DESIGNATING ELECTION JUDGES AND ALTERNATES, DESIGNATING A SPECIAL CANVASSING BOARD FOR ABSENTEE BALLOTING FOR ALL MUNICIPAL ELECTIONS, GENERAL AND SPECIAL, FOR THE YEAR 1979; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14684: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE 11 COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WHICH ADDS FY 1979 ALLOCATIONS OF $1,027,154 FOR A TOTAL CONTRACT INCREASE FROM $2,822,753 TO $3,849,907, TO CONTINUE 230 PUBLIC SERVICE EMPLOYMENT POSITIONS FROM OCTOBER 1, 1978 TO MARCH 31, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO FURTHER MODIFY THE AFORESAID CONTRACT TO INCLUDE ADDITIONAL FY 1979 ALLOCATIONS WHICH MAY BE MADE AVAILABLE BY THE COASTAL BEND CONSORTIUM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14685: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WHICH DEOBLIGATES THE CONTRACT AMOUNT BY $318,513 AND ADDS FY '79 ALLOCATIONS OF $1,382,620 FOR A TOTAL CONTRACT INCREASE FROM $5,488,118 TO $6,552,225 TO CONTINUE 370 PUBLIC SERVICE EMPLOYMENT POSITIONS FROM OCTOBER 1, 1978 TO MARCH 31, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO FURTHER MODIFY THE AFORESAID CONTRACT TO INCLUDE ADDITIONAL FY '79 ALLOCATIONS WHICH MAY BE MADE AVAILABLE BY THE COASTAL BEND CONSORTIUM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, GI11, Juarez, and Sample voting, "Aye"; Holt, "absent". Minutes Regular Council Meeting December 20, 1978 Page 19 ORDINANCE NO. 14686: AUTHORIZING THE CITY MANAGER TO EXECUTE TITLE VI CETA CONTRACT MODIFICATIONS WITH CALALLEN, CORPUS CHRISTI, FLOUR BLUFF, TULOSO-MIDWAY AND WEST OSO INDEPENDENT SCHOOL DISTRICTS, CORPUS CHRISTI STATE SCHOOL, DEL MAR COLLEGE, JAPANESE ART MUSEUM, LULAC EDUCATIONAL SERVICE CENTER AND NUECES COUNTY COMMUNITY ACTION AGENCY, TO CONTINUE 162 PUBLIC SERVICE EMPLOYMENT POSITIONS FROM OCTOBER 1, 1978 THROUGH MARCH 31, 1979 AS INDICATED ON THE ATTACHED EXHIBIT "A"; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO MODIFY THE AFORESAID CONTRACTS TO INCLUDE ADDITIONAL FY '79 ALLOCATIONS WHICH MAY BE MADE AVAILABLE BY THE COASTAL BEND CONSORTIUM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14687: AUTHORIZING THE CITY MANAGER TO EXECUTE TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATIONS WITH THE WEST OSO AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICTS TO CONTINUE 13 PUBLIC SERVICE EMPLOYMENT JOBS FROM OCTOBER 1, 1978 THROUGH MARCH 31, 1979 AS INDICATED ON THE ATTACHED EXHIBIT "A"; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO MODIFY THE AFORESAID CONTRACTS TO INCLUDE ADDITIONAL FY '79 ALLOCATIONS WHICH MAY BE MADE AVAILABLE BY THE COASTAL BEND CONSORTIUM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, 0111, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14688: CLOSING AND ABANDONING THE EXISTING 10 -FOOT EASEMENT IN LOT 3A, BLOCK 3 CARMEL VILLAGE, RECORDED IN VOL. 43, PAGE 7, MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14689: PROVIDING FOR NOTICE OF ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS ON JANUARY 20, 1979; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". ORDINANCE NO. 14690: 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 LOWELL MOSLEY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 12, BLOCK 1, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B ONE FAMILY DWELLING DISTRICT & SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE 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, Gulley, Diaz, Gill, Juarez, and Sample voting, "Aye"; Holt, "absent". Minutes Regular Council Meeting December 20, 1978 Page 20 Mayor Lozano informed the Council that the zoning application of Spohn Hospital had been tabled on December 13, 1978 until January 3, 1979, and that he had received a letter of request from Munroe & Bass, Inc., representatives of Spohn Hospital, requesting that this zoning matter be tabled until January 10, 1979, since they will be unable to attend the meeting on January 3. Motion by Gulley that the zoning case for Spohn Hospital be postponed from January 3, 1979 until January 10, 1979; seconded by Sample; and passed unanimously. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Floyd Logue, 1213 Ray Drive, who had appeared before the Council bn previous occasions in regard to a drainage problem on her street, addressed the Council again and stated that nothing had been done by the City to correct the drainage problem created by a nearby business firm which has built up their property. City Manager Townsend inquired if she had discussed this problem with Mr. Smith of the Engineering and Physical Development Department, and Mrs. Logue indi- cated that she had. City Manager Townsend informed Mrs. Logue that he will request that Mr. Smith call on her to make suggestions about possible solutions to her drainage problem, but explained to her that the City does not have the authority to go onto citizens' private property to correct a drainage matter. City Manager Townsend referred to the following discussion item which was on the morning Workshop Agenda: Discussion of the request of Pendaris Corporation to a. waive certain sidewalk requirements in Wood River Unit 1 and to substitute a sidewalk along certain trails (pipeline easements) for other required sidewalks; and b. construct gas lines in the subdivision. 1 _es Regular Council Meeting December 20, 1978 Page 21 Mr. Bill Holland, representing the Pendaris Corporation, spoke in favor of the foregoing requests and displayed slides of the Wood River Subdivision. Mr. Holland located the various pipelines in the subdivision and described the proposed land plan of their development. He stated that curbs, gutters and some sidewalks have been constructed in one portion of the subdivision, but they would like to eliminate'some of the planned and required sidewalks in the subdivision since the streets are designed to keep traffic speeds at a minimum; they have a hike and bike trail planned for use by the pedestrians; and they do not think that sidewalks are necessary in this subdivision, but that if in the future, the side- walks prove to be essential, the developers will install them at a later date. City Manager Townsend explained that the staff recommends against the waiver of the sidewalks, because the first unit of the subdivision does have sidewalks, and there is no plan for continued maintenance of the hike and bike trails. Mr. Townsend then pointed out that the unit of the subdivision under dis- cussion does not have access to the hike and bike paths. Mr. Holland stated that the developers do plan to maintain the hike and bike trails. Motion by Gulley that the request for the sidewalk waiver in the Wood River Unit 1 Subdivision be denied; seconded by Gill. Mr. Holland stated that a precedent had already been established of eliminating sidewalks, particularly on Ocean Drive. Mayor Pro Tem Gulley indicated that he is concerned that if the Council waives the sidewalk requirement in this subdivision, every developer in the City will make the same request. Mayor Lozano called for the vote on the motion to deny the waiver request, and the motion passed unanimously. Discussion followed in regard to the construction of gas lines in the subdivision. City Manager Townsend recommended that gas lines be installed at City expense but with some type of agreement with the developer. He suggested that if the subdivision requires gas crossings, the City will proceed to place the stubs in the subdivision. Minutes Regular Council Meeting December 20, 1978 Page 22 Mayor Pro Tem Gulley stated that he feels that the developer should be required to put in the stubs and lines. City Manager Townsend noted that the City has placed the lines and the stubs in every subdivision in the City. Council Member Diaz inquired if the City will have a means of recovering the expense from those who connect to the gas system. Mr. Holland stated that the developers are willing to put in the crossings but not the gas lines. City Manager Townsend stated that the cost would be less than $2,000 and explained that normally, the City installs 2" gas lines in similar situations, and unless the policy is changed, the City will pay for the gas lines. City Manager Townsend presented to the Council the memorandum mentioned earlier in the meeting in regard to the Charter Amendment Election. Mr. Townsend stated that the magnitude of the Hoag alternative is so great that the staff has determined that if it passes, one out of every four City positions will have to be eliminated, and if the Fire and Police are excluded from this possibility, the ratio for other City employees will be one out of every two positions. He further stated that there are no new sources of revenue. Mayor Pro Tem Gulley stated that the Council would decide later which cuts should be made if the budget has to be decreased but expressed the opinion that additional revenue would be available from the increased sales tax next year and estimated that additional income from this would be approximately 1.5 million dollars. City Manager Townsend pointed out that inflation will cause the budget to go up 3 million dollars with no changes and pointed out that the CETA positions will be greatly reduced if the Charter is amended to reduce the taxes. He also expressed the possibility that bonds could not be sold if the amendments pass. * * * * * * * * * * * * City Manager Townsend stated that he would like to make the Council aware of the fact that the City intends to reorganize the uniform section of the Police Department and place the Traffic and Patrol Sections under an Assistant Chief. • Minutes Regular Council Meeting December 20, 1978 Page 23 Mr. Townsend briefly explained the manner in which this plan will be carried out and stated that a full report will be prepared for the Council. There being no further business to come before the Council, on motion by Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 7:10 p.m., December 20, 1978.