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HomeMy WebLinkAboutMinutes City Council - 01/17/1979PRESENT: V / *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 JANUARY 17,x1979- 2:00 P.'M.• ,o+ 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 of City Hall in the temporary absence of Mayor Gabe Lozano, Sr., who was conduct- ing City business in his office. Major A. C. Ross, Chaplain of the Salvation Army, gave the invocation. *Mayor Lozano arrived at the meeting at 2:09 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 announced that a proclamation designating January 21-27, 1979 as "JAYCEE WEEK" had been issued. * * * * * * * * * * * * Mayor Lozano announced Board and Committee appointments. City Manager R. Marvin Townsend reviewed the nominees who were discussed during the Workshop Meeting. Motion by Diaz that the following appointments be confirmed, seconded by Sample and passed unanimously: SENIOR COMMUNITY SERVICES ADVISORY BOARD TERM TO EXPIRE Colonel LeE Freeman 12-26-80 Mr. Teodczo Conzales 12-26-80 Ms. Sandia Laya 12-26-79 PARK BOARD Mr. Freddie Cavazos 8-23-79 MUNICIPAL ARTS COMMISSION (Appointed by the Mayor and confirmed by the Council) 9-01-79 Mr. Dan E. Butt * * * * * * * * * * * * Minutes Regular Council Meeting January 17, 1979 Page 2 Mayor Lozano announced the bid opening on the following Engineering project: Sanitary sewer improvements in Nueces Acres Subdivision. This is another fourth- year Community Development project which provides for the installation of a lift station, force main and gravity line in the Nueces Acres Subdivision at Violet Road. Lines will be extended in Mallard, Widgeon, Haven and Nelon Drives, Coverdale Street and Violet Road. Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids from the following companies: Isles Construction Company, Maverick Construction Company, Asphalt Paving & Construction Company, Asphalt Concrete Paving Company, Abacus Corporation and Cactus Utility Company, all of Corpus Christi; and Victoria Construction Company, Victoria, Texas. Mayor Lozano noted that the apparent low bidder was Cactus Utility Company but stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Mayor Lozano then thanked all of the contractors for submitting bids. * * * * * * * * * * * * City Manager Townsend recognized Mr. Atlee Cunningham, former Water Super- intendent for the City, who was present in the audience in his present capacity as a government student at Del Mar College. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations and recommended that: a. The following public hearings be held for the 5th year Community Development Program applications: (1) January 31, 1979 - Hear comments from public on performance in current and past Community Development projects; (2) March 7, 1979 - Receive staff and Planning Commission recommendations, and obtain views and proposals from the public for 5th year Community Development projects; (3) March 14, 1979 - Authorize Community Development application for submission to the State and the Council of Governments for review and comment, and to HUD for approval. b. A public hearing be held at 2:00 p.m. on January 31, 1979 on closing and and abandoning an alley parallel to Water Street between lots 1 thru 6 and lots 7 thru 12, Water Block 7, Beach Portion. The block is bounded by Starr, Water, Taylor and Shoreline Drive. c. Bids be received at 11:00 a.m., Tuesday, February 6, 1979 for the budgeted repla.:ement of a 4,000 pound fork lift truck for the Coliseum. The current unit is over 25 years old. Replacement parts are no longer available. Minutes Regular Council Meeting January 17, 1979 Page 3 d. A contract for repair and painting the exterior of a 300,000 gallon elevated wash water storage tank at the 0. N. Stevens Filter Plant be awarded to KOTE—IT PAINTING SERVICES, Colleyville, Texas on the basis of low bid of $14,385. Bids were received from 4 firms. Council Member Gill referred to a contractor working on a previous City project who had failed to take the necessary safety precautions and the fact that several lives were lost because of this. Mrs. Gill then inquired if the company referred to in Item "d" would be required to observe certain safety regulations as a part of the contract award. She expressed the opinion that the City should make sure that contractors take specific precautions when performing a potentially dangerous type of job for the City. City Manager Townsend stated that the Kote—It Painting Services Company had successfully performed similartypes of painting jobs for several other firms and cities but that he would check this matter with Mr. Douglas Matthews, Director of Public Utilities. (Mr. Matthews arrived in the Council Chambers a short time later and verified that this company had been thoroughly investigated and there were no safety problems anticipated since the company employees will be painting the outside of the tank, which contains ample fixtures to install scaffolding.) e. 19,740 feet of copper pipe, an estimated three months supply, be purchased from MARS UTILITY SUPPLY COMPANY, San Antonio on the basis of low bid of $13,509.11. Bids were received from 8 firms. Price comparison reflects a decrease of approximately 3%. Copper pipe is purchased for only 3 months because its price fluctuates frequently. f. The two bids received for repair and painting the interior top twenty feet of two 12,500,000 gallon steel water storage tanks,located in the 4900 block of Holly Road near Everhart Road, be rejected and bids be again received at 11:00 A.M., Tuesday, February 13, 1979. Neither bids met specifications. Both bidders failed to submit a bid security. One also stipulated that approximately 53% of his bid price was to be paid before materials for the job were ordered instead of full payment upon satisfactory completion of the work. g. That the bid received from the Harbor Company for $55,800 for the Airport Concourse Renovation project be rejected. The architect will redesign the project to reduce the cost of the work and to make the project within the bidding ability of local glazing contractors. FAA has agreed with this approach. h. Plans and specifications for installation of a 2,000 gallon fuel tank at the Police Building be approved and bids be received on February 14, 1979. This project will provide the capability to operate the Police FmPrgency Operations Center for thirty days on emergency basis without refueling. The project will be 50% reimbursable through a grant from the Texas Department of Public Safety. Minutes Regular Council Meeting January 17, 1979 Page 4 i. An agreement be authorized with Mr. Guy W. Alexander, Mr. William D. Wallock, and Mr. Phillip M. Wallock, developers of Club Estates South Subdivision for the City's share ($19,076) of constructing the east half of Everhart Road from Snowgoose Road to Cedar Pass Drive. Improvements include an 8" caliche base, 4" of hot -mix asphaltic concrete and a total width of 41 feet. The developer has completed the work in accordance with the City's requirements. The Platting Ordinance only requires 6" of caliche and 2" of hot mix surface. Processing of the request was deferred until the property had been annexed An agreement be executed with H.E.R. Development Company, developer of Castle River Subdivision, Unit 2, for one-half the cost of street improvements around the dedicated park in the subdivision at the end of Castle Ridge Drive and $1,299.27 be appropriated for the City's share. The subdivision is located between the Nueces River and McKenzie Road north of Interstate 37. $17,681.40 be appropriated for televising and grouting a portion of the Calallen Interceptor Sewer Line 34A, Section 3, ($14,460), televising a portion of the Port Avenue sewer lines ($1,091) and final engineering on Line 34A ($2,130). Due to numerous problems encountered on Line 34A, it was necessary to televise and grout portions of the line prior to City acceptance. The Port Avenue line was televised prior to preparation of plans by the state for street and sewer work. The televising revealed that the entire line did not need to be replaced, thus reducing the City's cost by $143,170. The engineering costs relate to embedment which were not known until volumes project completion. No engineering fees are being paid for design of the second line or for line repairs. 1. Bids be received at 11:00 a.m., Tuesday, February 13, 1979 for a van mounted television video tape system for inspection of sewer lines and a related packer unit for joint repairs. The system will be capable of televising sewers from 6" to 42", providing video cassette tapes, and showing the condition of the lines on a television monitor. Before final plans are prepared for the balance of the McArdle Road sewer slip lining project, the existing line will need to be inspected. Cost of this work should be approximately 1/3 of the full cost of this equipment. Since a substantial percent of the equipment's use will be to prepare plans for bond fund projects, the equipment is recommended to be purchased from the Sewer Bond Fund. Operating costs, including two positions, will need to be provided in the 1979-80 Wastewater Fund Budget if capability of the equipment to repair sewer lines is to be effectively utilized. m. Authority be granted to execute on behalf of the City all agreements between the City and the Consortium that have been approved by the Consortium's Executive Committee. During the moratorium, contracts and modifications for CETA Administration, Titles II and VI, and Work Experience programs will require execution to allow uninterrupted program activities. n. A right-of-way easement for McKinzie Road improvements from Highway 44 to the Corpus Christi Petrochemical Plant entrance be acquired by condemnation from Mr. and Mrs. Peter Siracusa. The property is located inside the City at the City limit line. Negotiations have been unsuccessful. The easement is across the front of the property and is 30' by 1320.59'. The street widening will be constructed by the State. o. The following actions be taken in connection with the Charter Amendment Election on January 20, 1979. (1) Amend Ordinance No. 14683, approved on December 20, 1978, by changing the polling places in the following precinct: j• k. Precinct: From: To: 99 Tally -Ho Motel Building in Saxet Center 3901 Leopard St. 3934 Leopard St. Minuts_ Regular Council Meeting January 17, 1979 Page 5 p• (2) Amend the same ordinance to appoint the following judges and alternate judges in the precincts listed in lieu of the ones previously appointed: Precinct Presiding Judge Alternate Judge 1 Susan Lee McCutcheon 7 17 29, 34 & 30 31 32 33 39 44 45 50 51 53 59 60 62 66 68 69 71 73 85 86 89 91 92 93 96 106 112 113 115 120 121 Mary Jane Allen 100 Mrs. Ovidio Cardenas Ardelia Price Celia Wilmot Catherine Kelly Mary Lou C. Pena Mrs. Charles R. Carney Mrs. Eduardo de Ases Mrs. Betty Solvey Ruben J. Rubio Mrs. Clarice Lott Joyce McGlothin Mrs. W. H. Davis Connie Garcia Rosa Vallejo Lillian Ross Mr. Francisco Vasquez Elora Aguilar Mrs. Beatrice Gonzales Gloria Ramirez Mrs. Belie Canales Mrs. Porfiria Martinez Mrs. Betty McCaskill Mrs. R.J. Moravits Joe Witsche Myra Tucker Mary Coral Holmes Mrs. Eva Ivey Mr. Dewey Nix Lucille Hereford Mrs. I. B. Ault Mrs. C.E. Bartosh Mrs. Joe P. Montoya Mrs. Frances Pumphrey Lorraine Eastham Ann Jackson Mrs. Leroy J. Steinocher Elide Gonzales Thelma Lerner Mrs. Diane McBride Mrs. James Pickett Mrs. Mildred Polk Joan Stout Mr. John A. Coco Mr. John Reutlinger The lease agreement with the Corpus Christi Art Foundation for operation and use of the Art Museum of South Texas be renewed for an additional five years. Under the lease, the City pays directly to the supplier the cost of utility service (except telephone) and the cost of fire and extended coverage insurance. The City also makes monthly payments to the Museum for janitorial service, interior and exterior building maintenance and security as provided in the annual budget. Mayor Lozano called for comments or questions from the Council on the City Manager's reports. Council Member Gill requested further information on Item "g" in regard to the redesign of the Airport Concourse Renovation project. City Manager Townsend explained that this project consisted primarily of a great deal of store -front type of glass installation; there was just not enough concrete and other kinds of work to interest general contractors; and the companies Minutes Regular Council Meeting January 17, 1979 Page 6 that perform the glazing and glass work are usually subcontractors and were, there- fore, not interested in bidding the project as a primary contractor. Mr. Townsend .informed the Council that the matter had been discussed with the Federal Aviation Administration, who had agreed to the redesign of the project and the elimination ,-of-score of their security requirements as a part of this job. Council Member Gill inquired if the architects contemplated extra cost if '.the project has to be redesigned. Mr. Lontos stated that the cost has not been discussed with the architects, 'brrt-he felt that there would be some additional charge. Council Member holt inquired about the amount of the original estimate, and -air-"mentos replied that it was approximately $21,000. City Manager Townsend explained Item "1", which concerns the recommended -gurshase of a van -mounted television video tape system for inspection of sewer lines, Rby,::emphasizing that such equipment will save the City a great deal of money since .we7.wi11 not longer have to rent equipment for televising newly constructed sewer 'ines to be sure that they have no cracks. Mr. Townsend expressed the opinion that 'cthe machine proposed to be purchased could be utilized to inspect all sewer lines ',before they ale accepted by the City. Mr. Lontos informed the Council that the cost of the machine will be about 30 to 40 thousand dollars, and Mr. Douglas Matthews explained the procedure that will be followed to inspect the sewer lines and install grout wherever needed. Mr. Matthews also stated that the machine could be used very effectively in old sewer .lines to help the staff determine just where repairs are needed. Council Member Holt inquired if the City staff has employees capable of zoperating the new machine, and City Manager Townsend replied that they would be trained for this purpose. Mr. Townsend also informed the Council that the cost of this machine would be charged to the Sanitary Sewer Bond Fund, since it would primarily be used on new projects included in the bond program. Council Member Gill expressed concern about Item "p" which authorizes exten- •slon of the contract between the City and the Art Museum of South Texas for an -additional five years. She noted that the contract requires that the City bear the Min, Regular Council Meeting January 17, 1979 Page 7 cost of utilities and the cost of insurance and stated that if the Charter Amendment is approved which reduces the City's available income, there might be a problem in next year's budget providing the required funds to carry out the City's part of the contract with the Art Museum. Council Member Gill suggested that the contract might need to be rewritten so that the City would not be obligated to pay these expenses if funds are not available in the future. City Manager Townsend pointed out that according to the.contract, the amount paid by the City is approved by the Council in each year's budget. He also mentioned the fact that the City actually owns the building and leases it to the Corpus Christi Art Foundation. Therefore, he did not feel that the Foundation would care to discontinue the lease just because the City did not pay the utilities and insurance. City Manager Townsend reminded the Council that this ordinance would be on a three -reading basis, and the third reading would not be scheduled until 30 days after this first resdirg wiich would provide ample time to amend the agreement if necessary. Council Member Diaz referred to Item "c" and inquired about the disposition of the old machinery when the new forklift machine is purchased. City Manager Townsend informed him that this machine is 25 years old, but it will be taken in by the company as a trade-in. Council Member Holt referred to Item "i" and asked if the streets in this subdivision will be of better construction than the ones in Flour Bluff where the City is experiencing a problem in that the new streets are deteriorating very rapidly due to the heavy construction trucks traveling on them. City Manager Townsend replied that this portion of Everhart Road, which is a main artery, will be constructed with an 8" caliche base, 4" of hot -mix asphaltic concrete and will he a heavy-duty street. Mr. Townsend stated that the streets in Flour Bluff are not tha only one; in the City being destroyed because the'same problem exists in the Country Club Subdivisions. He expressed the opinioutthat the developers of the subdivisions need to exert more care after the new streets are constructed. Council Member Sample stated that he had noticed that there is a lot of dirt on the newly paved portion of Nueces Bay Boulevard and suggested that it be cleaned off before that street deteriorates. Minutes Regular Council Meeting January 17, 1979 Page 8 Mayor Lozano called for comments or questions from members of the audience on the City Manager's Reports. There was no response. Motion by Diaz that the City Manager's Reports, Items "a" thru "p," be approved; seconded by Holt; and passed unanimously. * * * * * * * * * * * * City Manager Townsend presented the following pending zoning case for the Council's consideration: Mrs. Lupe R. Tunches: "R -1B" to "B-1", located at the southeast corner of Greenwood Drive and Sherman Street. This application was heard by the Council on December 20, 1978 at which time it was denied and in lieu thereof a special permit was approved for a flower shop subject to approval of a site plan which has now been submitted and meets the indicated conditions. City Manager Townsend presented the Council with the site plan which meets the conditions of the special permit. Motion by Holt that the site plan for the property of Mrs. Lupe R. Tunches for a flower shop be approved, seconded by Juarez and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. Mayor Lozano called for comments from the Council on the ordinances. Council Member Diaz stated that he had received calls at various times from citizens who questioned the policy of the Council approving so many ordinances on an emergency basis. Mr. Diaz further informed the Council that some of the people who had called him had indicated that they desired to speak in regard to some of the ordinances, but it was too late by the time they read about their being approved in the newspaper. City Manager Townsend explained the procedure that is followed in declaring an emergency on ordinances and stated that it is usually done so as not to clutter up the agenda and create unnecessary paper work. He assured the Council that he would be glad to place any ordinance on a three -reading basis if a majority of them desired. After further discussion, Mayor Pro Tem Gulley suggested to Council Member Diaz that if he was aware of any ordinance that any citizen cared to speak on, they could place it on a three -reading basis in the future. • Minutes Regular Council Meeting January 17, 1979 Page 9 There were no comments from members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordi- nances were approved: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI ART FOUNDATION FOR OPERATION AND USE OF THE ART MUSEUM OF SOUTH TEXAS FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND 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, Juarez, and Sample voting, "Aye". THIRD READING - ORDINANCE NO. 14720: AMENDING CHAPTER 55 UTILITIES OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TEXAS, BY AMENDING SECTION 55-111 TO INCLUDE ANNEXATION AS A CONTRACT REQUIREMENT, ALSO CONSTRUCTION OF ALL IMPROVEMENTS IN ACCORDANCE WITH ALL CITY CODES; BY DELETING SECTIONS 55-112 THROUGH 55-115 AND INLIEUTHEREOFBY ADDING NEW SECTIONS 55-112 ALLOWING AN EXCEPTION FOR AGRICULTURAL USE OF LAND AND REQUIRING THE COVENANT; SECTION 55-113 REQUIRING CITY COUNCIL APPROVAL OF ALL CONTRACTS FOR WATER SERVICE OUTSIDE THE CITY; AUTHORIZING THE CITY MANAGER TO EXECUTE SAID CONTRACTS IF ORDINANCE REQUIREMENTS ARE MET; SECTION 55-114 REGARDING RECONNECTS AND TRANSFERS AND TEMPORARY SERVICE. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14721: AUTI'ORIZINC THE CITY MANGER TO EXECUTE AN AGREEMENT WITH GUY W. ALEXANDER, WILLIAM D. WAT.LOCK, ',ND PHILIP M. TEAL?ACK, DEVELOPERS OF CLUB ESTATES SOUTH SUBDIVISION WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR IMPROVEMENTS REQUIRED BY THE CITY OVER AND ABOVE THOSE SET FORTH IN THE PLATTING ORDINANCE AND FOR ONE-HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY IN THE DEVELOPMENT OF EVERHART ROAD, FROM SNOWGOOSE ROAD TO CEDAR PASS DRIVE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $19,076.26 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST APPLICABLE TO PROJECT N0. 220-72-58;AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gi11, Holt, Juarez, and Sample, voting "Aye". ORDINANCE NO. 14722: APPROPRIATING $17,681.40 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO SHUR-FLO, INC., FOR SEWER LINE TELEVISING OF THE CALALLEN INTERCEPTOR SEWER LINE 34A, SECTION 3, A5'D TIE FORT AVENUE TRUNK MAIN TO McCAUGHAN, ETHERIDGE & WEBB FOR ENGINEERING SEAVICES s'RO'.IDSJ 0.+ TIE CEAI LEN INTERCEPTOR SEWER LINE 34A, SECTION 3, OF WHICH AMOUNT $16,590 APPLIES TO THE CLLALLEN LIN:, PROJECT NO. 250-72-5, OF WHICH AMOUNT $14,459.90 IS PAYABLE TO SHUR-FLO, INC. AND $2,130.10 IS PAYABLE TO McCAUGHAN, ETHERIDGE & WEBB, CONSULTING ENGINEERS, AND $1,091.40 APPLIES TO THE PORT AVENUE MAIN REPLACEMENT, PROJECT N0. 250-77-8, PAYABLE TO SHUR-FLO, INC.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample, voting "Aye". Minutes Regular Council Meeting January 17, 1979 Page 10 ORDINANCE NO. 14723: AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF CORPUS CHRISTI, ALL CETA EGREENENTS INCLUDING GRANT APPLICATIONS, CONTRACT PROPORALS, ALL MODIFICATIONS AND OTHER RELATED DOCUMENTS PERTAINING BUT NOT LIMITED TO CETA ADMINISTRATION, WORK EXPERIENCE PROGRAM, AND TITLE II AND TITLE VI PROGRAMS THAT HAVE RECEIVED APPROVAL FROM THE COASTAL BEND CONSORTIUM'S EXECUTIVE COMMITTEE, WITH AT LEAST FOUR (4) CORPUS CHRISTI CITY COUNCIL MEMBERS BEING PRESENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample, voting "Aye". ORDINANCE NO. 14724: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, ACTING ON BEHALF OF THE STATE OF TEXAS, TO CONDEMN A RIGHT-OF-WAY EASEMENT FOR A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL 14 FOR THE McKINZIE ROAD IMPROVEMENTS PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, PETER AND OBDULIA ROLDAN SIRACUSA, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14725: AMENDING ORDINANCE NO. 14683, PASSED ON DECEMBER 20, 1978, WHICH ORDINANCE DELINEATES CITY VOTING PRECINCTS, DESIGNATES POLLING PLACE LOCATIONS, DESIGNATES ELECTION JUDGES AND ALTERNATES, AND A SPECIAL CANVASSING BOARD FOR ABSENTEE BALLOTING FOR ALL MUNICIPAL ELECTIONS FOR THE YEAR 1979, BY AMENDING SECTION 1 OF SAID ORDINANCE BY CHANGING THE POLLING PLACE LOCATION FOR PRECINCT 99, AND BY CHANGING THE ELECTION JUDGES AND ALTERNATES IN VARIOUS PRECINCTS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14726: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH H.E.R. DEVELOPMENT COMPANY, DEVELOPER OF CASTLE RIVER SUBDIVISION, UNIT II, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK WHICH IS ABUTTED BY CASTLE RIDGE DRIVE IN THE CASTLE RIVER SUBDIVISION, UNIT II, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $1,299.27 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-62; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14727: 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 MRS. LUPE R. TUNCHES BY GRANTING A SPECIAL COUNCIL PERMIT FOR A FLOWER SHOP ON LOT 44, BLOCK 4, CHULA VISTA ADDITION #1, IN THE CITY OF CORPUS CHRISTI NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Mint_ Regular Council Meeting January 17, 1979 Page 11 The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14728: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPILD 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 HOMER PERKINS, ET UX, BY CHANGING THE ZONING FROM "R -1B" ONE. FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT, WITH A CHAIN LINK FENCE IN LIEU OF THE STANDARD SCREENING FENCE ALONG THE EAST PROPERTY LINE, ON LOT 6, BLOCK 14, GARDENDALE #3, 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 was approved by the following vote: Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye"; Lozano, abstaining. * * * * * * * * * * * * Mayor Lozano called for information or petitions from the audience on matters not scheduled on the agenda. Mr. Eloy Suarez, 4905 Urban Street, addressed the Council and inquired about the charges made by the City for the use of the auditorium for a non-profit organization and the general public. City Manager Townsend informed Mr. Suarez that the rate is based on the number of hours used, which is usually in four-hour segments, and that there is an additional charge for the use of extra items such as the sound system, rehearsal rooms, security, etc. Mr. Suarez continued by stating his objection to the large admission being charged by the LULAC organization for an event involving actors from Mexico. Further discussion followed, and Council Member Juarez summarized by suggesting to Mr. Suarez that he should contact LULAC, since the Council only rents the auditorium and has no control over the charges made by the organization using the facility. City Manager Townsend informed Mr. Suarez that he will have the staff provide him with the information he had requested in regard to the charges for rental of the auditorium. There being no further business to come before the Council, on motion by Gulley, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 3:25 p.m. January 17, 1979.