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HomeMy WebLinkAboutMinutes City Council - 03/28/1979PRESENT: Mayor Gabe Lozano, Sr. Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 28, 1979 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The Reverend Harold Champion 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. Mayor Lozano announced that the following proclamations had been issued from his office: "THE WEEK OF THE YOUNG CHILD" - April 1 thru 7, 1979; "CORPUS CHRISTI INDUSTRIAL WEEK" - April 1 thru 7, 1979; "LIBRARY WEEK IN CORPUS CHRISTI" April 1 thru 7, 1979; and "RETINITIS PIGMENTOSA MONTH" - April, 1979. Motion by Diaz that Mayor Pro Tem Bob Gulley, who was ill; be excused for just cause; seconded by Juarez; and passed unanimously. Mayor Lozano then presented a retirement plaque to Mr. Sam Davidson, Senior Engineer in the Department of Engineering and Physical Development, who has been with the City of Corpus Christi for 28 years. Mayor Lozano announced the bid opening on the following item: An additional bus equipped with a wheelchair lift for use in transporting the elderly and handicapped. The bus is included in the 1976 Capital Assistance Grant from the Urban Mass Transportation Administration and will be paid for 80% by the federal government, 13% by the state and 7% by the city with the local portion from the Transit Bond Fund. City Manager R. Marvin Townsend asked Mr. T. M. Jarvis, Purchasing Agent, and Mr. Ralph Mackler, Assistant Purchasing Agent, to conduct the bid opening. Mr. Jarvis opened bids from the following companies: Microbus Corporation, Santa Fe Springs, California, and Blue Bird Body Company, Ft. Valley, Georgia, and noted that the Microbus Corporation had failed to submit a bid security check with their bid. Minutes Regular Council Meeting March 28, 1979 Page 2 Mayor Lozano stated that the apparent low bidder was the Blue Bird Body Company but that the bids would be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Mayor Lozano announced the scheduled public hearing on the following matter: To amend and further define the City's Master Plan, specifically that area of Airline Road from a point just south of Holly Road to Saratoga Boulevard, to accomplish the following: (a) Redirect present Airline traffic south of Holly Road onto new Airline Road to be parallel to South Staples Street and Rodd Field Road halfway between these parallel streets. (b) Future closing of a portion of the existing Airline Road south of Wooldridge Road to provide a future park area east of a dedicated park located on the west side of this right-of-way. (c) In the future, rename existing Airline Road south from Lyons Street to Yorktown Boulevard to eliminate duplicate street names from a point where the new Airline Road extends south from the present Airline Road. City Manager Townsend explained that this public hearing concerns the City's Master Transportation Plan which has for a number of years included the relocation of Airline Road. Mr. Townsend reminded the Council that two weeks ago, they had adopted actions that necessitated the implementation of the relocation and renaming of portions of Airline Road. He referred to a letter from Mr. John and Mr. Henry Tucker requesting that the present Master Street Plan not be changed since they are developing subdivisions with the understanding that Airline Road will be relocated. City Manager Townsend further explained that the discussion of this matter today is just an explanation of the plans that will be in compliance with the present street master plan and the public hearing is being conducted just to make property owners aware of the plans for this street. Chief Planner Larry Wenger located the area under discussion on a map and pointed out the subdivision that is designed by the Tucker's, located south of Wooldridge Road, contemplates the development of a park so that the existing Airline Road may be interrupted to clearly indicate that it is just a collector street rather than a major artery. Mr. Wenger pointed out that the master plan indicates that Airline Road will be extended southwards south of Holly Road which will provide a major arterial street exactly one mile between Staples Street and Rodd Field Road. Mr. Wenger stated that this plan for Airline Road has been a part of the Master Plan since 1965. Minutes Regular Council Meeting March 28, 1979 Page 3 City Manager Townsend informed the Council that the present Transportation Plan has been the subject of various public hearings since that time, but this par- ticular public hearing is being conducted because the Implementation of this part of the Master Plan Is imminent, and there is the possibility that there are property owners In the area who still may not be aware of the plans for Airline Road. Council Member Gill referred to the fact that the Master Plan is being amended at this time and requested an explanation of the proposed amendment. City Manager Townsend replied that the only way the Master Plan is proposed to be amended is the change in the location of the collector streets around the planned parks in the affected area. Mayor Lozano called for comments from the audience in regard to this matter. Expressing opposition to the relocation of Airline Road and the renaming of the existing portion of that street was Dr. Byron N. Coward. Dr. Coward stated that he owns property at the southwest corner of Airline and Wooldridge Roads. He explained that he had faith in the growth and development of Corpus Christi 20 years ago and searched for property on a main thoroughfare which could be developed in the future. Dr. Coward stated that he finally selected this site on Airline Road which extends from Ocean Drive and connects with Flour Bluff. He informed the Council that the cost of the land was expensive even at that time; the taxes on the property have increased every year; these taxes far exceed the small income that he has received from this property; but that he retained the property because he felt that Airline Road would remain a major street and that he could develop the property in the future. Dr. Coward contended that the rerouting of Airline Road would severely damage his prospects for this piece of property; that these proposals are ill- conceived and not well planned; and requested that this proposal not be approved. Council Member Holt inquired of Dr. Coward if he was aware in 1959 that there was a Master Transportation Plan for the City, and Dr. Coward replied that he was not aware of this in 1959, nor was he aware that a Master Plan was approved in 1965 that would so drastically change the character of this portion of Airline Road. Dr. Coward continued by stating that he had never been aware that there were plans to extend Airline Road southward just south of Holly Road and he had just recently heard about the plans for making the existing portion of Airline Road Minutes Regular Council Meeting March 28, 1979 Page 4 into a collector street, and he was not aware that the City planned to take acreage from his property for a park. Mr. Gary Roberts, 3858 South Alameda, spoke on behalf of the owners of a two -acre tract near this portion of Airline Road. Mr. Roberts informed the Council that he and his clients were very much aware of the Master Plan for Airline Road which contemplated the relocation of the street. He stated that they are very much opposed to the planned implementation of the amendment to this Master Plan at this time because of the planned location of the parks which will interrupt the street that is now called Airline Road. City Manager Townsend pointed out that if the existing Airline Road continues to be considered a main street, and the Airline Road that is included In the Master Plan is also a main arterial street, the two streets will come together at a very bad and dangerous angle. Also speaking in opposition to the proposed relocation of Airline Road was Mr. Ray Peterson, who owns a 46 -acre tract of land in this vicinity. Mr. Peterson stated that he objects to changing the location of Airline and the plan to interrupt it with the location of parks. He pointed out that Airline has always considered to be a major thoroughfare, and the recommended interruption of the street would hamper the development of their property. He also pointed out that Airline is one of the few good streets that extends from Flour Bluff to Ocean Drive and that the planned relocation would be inconvenient to the public as well as the developers who have purchased property in that area. He urged that the Council not approve this plan for Airline Road. Mr. Peterson also expressed the opinion that if this amendment is approved for Airline Road, development of his property would be delayed for at least 10 years because there would not be a good street that would transport traffic to the downtown area. Council Member Holt inquired if the Master Plan remains as it is and this existing portion of Airline Road is allowed to remain as a feeder street, without the interruption for the two parks, if Mr. Peterson could start development of his property in the very near future. Mr. Peterson replied that he felt that if the existing Airline Road is allowed to remain as it is without plans to interrupt it with the installation of parks, then they would have no objection to the Master Plan for the southward extension of Airline Road. Minutes Regular Council Meeting March 28, 1979 Page 5 City Manager Townsend presented the Council with a copy of the Master Plan and called to their attention the fact that this plan, which was adopted in 1965, does not even contemplate that Airline Road at its present location will be even a collector street. He also noted that the further extension of Airline Road beyond Rodd Field Road has never been planned. Also speaking In opposition to the proposed implementation of the Master Plan and the contemplated interrupted portion of the existing Airline Road was Mr. Roy Smith, who stated that he Is representing his mother who owns 120 acres at the end of Airline Road at the intersection of Rodd Field Road. Mr. Smith stated that he is opposed to the plan because he feels that it is important to retain a main arterial street to Flour Bluff. He suggested that the present Airline Road be retained as a major street and that an additional street be constructed according to the Master Plan for Airline Road. Mr. Farrell D. Smith, 425 Schatzel Street, stated that he was speaking as co -trustee of several family-owned tracts of land in the Airline Road area and explained that all of the land was purchased with the understanding that Airline Road would be located there. Mr. Smith stated that he is very much opposed to the recommended interruption of the existing Airline Road but is not opposed to the implementation of the Master Plan as It pertains to the location of an addi- tional street extending southwards south of Holly Road. He expressed the opinion that any traffic problems that might surface due to the intersection of two major streets at the point where the two Airline Roads would intersect could be solved. Mr. Smith also expressed the opinion that the notice of this public hearing which was received only 5 days ago was insufficient time for such a major change and asked that the Council defer any decision on the matter until these proposed changes to the master plan have been studied further. City Manager Townsend reiterated that the Master Plan since 1965 has contem- plated that Airline Road at its present location would not be a main artery but instead would be Just a neighborhood street. He also pointed out that the purpose of this particular hearing was just to alleviate the Council's concern as to whether or not the property owners in this area were aware of the City's Master Plan for Airline Road. Mr. Townsend stated that it would be necessary to change the name of Airline Road as it branches off south of Holly Road, but this will not be done as a Minutes Regular Council Meeting March 28, 1979 Page 6 result of the decision made at this public hearing. City Manager Townsend further pointed out that a number of plats have been approved that are consistent with the Master Plan by the Planning Commission, and one of these plats is the one being developed by the Tucker Brothers which has a park located in the now existing Airline Road. Council Member Holt referred to the Master Plan and stated that this plan does not include the interruption by parks that is now proposed by the City staff. City Manager Townsend noted that the currently existing Airline Road at this location is really just a strip of pavement. He stated that he realized that the owners who have spoke in opposition to the plan are not in agreement with the Master Plan, but the Planning Commission has already approved plats that are in compliance with the Master Plan and the proposed location of the main arterial portion of Airline Road south of Holly Road. Further discussion followed between the City Manager and several Council Members in regard to the feasibility of locating parks as the maps indicate. Other property owners speaking in opposition to the amendment to the Master Plan were Mr. Emil Habeeb, Mr. Ernest Staray, Mr. David Coover speaking on behalf of Mrs. Dollie B. Floyd, Mr. Charlton Faris, and Mr. Bill Brown. Also speaking in opposition to the proposed amendment was Mr. Tony McDonald, who recently purchased a piece of property at the intersection of Saratoga and Airline. Mr. McDonald stated that if Airline is closed, this will have an adverse effect on the merchants in that area. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that the City's Master Transportation Plan not be further amended, specifically as it pertains to Airline Road in the vicinity of Holly Road and Rodd Field Road; seconded by Sample; and passed unanimously. City Manager Townsend suggested that in view of this motion, the Council might feel that there is a need to instruct the Planning Commission in regard to their continuation of approval of plats according to the Master Plan as it involves Airline Road. Council Member Holt pointed out that no one has spoken in favor of the proposed amendment to the Master Plan, and that Is the reason the Council approved ..rotes Regular Council Meeting March 28, 1979 Page 7 the motion. * * * * * * * * * * * * Mayor Lozano announced the public hearing on the following matter: Preliminary assessment roll for the Casa de Manana Apartments, West Oso School District Area sidewalk improvements. The contract for this project has been awarded to E. J. Netek Construction Company for $22,663.59. The project includes concrete sidewalks along Old Brownsville Road from the Apartments to Cliff Maus Drive and on Bear Lane, from Old Brownsville Road to Navigation Boulevard. The sidewalks will serve students going to the West Oso High School and the John F. Kennedy Elementary School. The preliminary assessment roll totals $10,954.17 and involves 12 parcels. City Manager Townsend stated that this Is a public hearing on the assess- ments for the sidewalks that are to be constructed in this area. He then requested that City Attorney J. Bruce Aycock conduct the portion of the public hearing to establish testimony in regard to the preliminary assessments. City Attorney Aycock explained that this assessment hearing is required by State statutes to develop facts in order for the Council to make a judgient as to whether or not the proposed improvements will enhance the value of the abutting property at least In an amount equal to the assessments. Mr. Aycock called as his first witness, Mr. James K. Lontos. Through questioning of Mr. Lontos, City Attorney Aycock ascertained that he is a registered Professional Engineer in the State of Texas, that he has been employed by the City of Corpus Christi in his present position of Director of Engineering and Physical Development for over five years, and that he is familiar with the project under discussion. Mr. Aycock then requested that Mr. Lontos explain the sidewalk improvement project in the West Oso School District area. Mr. Lontos explained that this project includes the construction of side- walks along the following streets: 1. Old Brownsville Road, north side, from Casa de Manana, Unit I, to Cliff Maus Drive, and 2. Bear Lane, north side, from Old Brownsville Road to Navigation Boulevard. He stated that the purpose of the sidewalk installation is to provide access for children going from the Molina area to the elementary school and the high school. Mr. Lontos informed the Council that this project is a Community Development project; the plans were prepared by the staff; there are no existing sidewalks at this time; bids were received by the Council; and the low bid of $22,663.59 was submitted by Minutes Regular Council Meeting March 28, 1979 Page 8 by E. J. Netek Construction Company. Mr. Lontos also stated that the sidewalk improvements will consist of 4 -foot wide reinforced concrete, 4 inches thick, with sand layered subgrade; toewalls will be constructed to some areas; assessments will be levied against abutting property owners; and the maximum rate to be charged for sidewalks according to the City's ordinance is $.75 per square foot. He noted that the total number of items is 12 tracts of land for a total preliminary assessment roll of $10,954.17. Mr. Lontos pointed out that the net cost to the City will be $11,709.42. He also explained that the toewalls are included In the plans in order to control erosion and protect the sidewalks. City Attorney Aycock called as his next witness Mr. William J. Holly, licensed real estate broker in the State of Texas. Through questioning of the wit- ness, Mr. Aycock determined that Mr. Holly has been In the real estate business for 25 years and that he is experienced as a real estate appraiser. Mr. Holly testified that he is thoroughly familiar with the property values in the County of Nueces; that he has examined each and every piece of property included in this project; that he has discovered that they are all large tracts of land and that there are no odd -shaped lots that might require an adjustment in the assessment roll. Mr. Holly stated that because of the predicted growth in the area, any improvements, such as sidewalks, will provide enhancement of the affected property at least in the amount of the assessment for these sidewalks. Mayor Lozano called on members of the audience who wished to speak in regard to the proposed assessments. Speaking in regard to Item No. 1 on the assessment roll was Mr. Hart F. Smith, Room 164, Corpus Christi National Bank, who expressed the opinion that side- walks adjoining his property would detract from the value of the land rather than enhance it. Mr. Smith further contended that very few children use the existing sidewalks in the area, stating that they seemed to prefer to walk in the street. He pointed out that he is one of the three owners of this tract of land which is zoned for light industry and again stated that he felt that sidewalks would cer- tainly not enhance this property. He suggested that the City consider the installa- tion of a temporary type of shell walk to see if the school children will use a walk before a large expenditure is made to construct concrete sidewalks which may never be used. Minutes Regular Council Meeting March 28, 1979 Page 9 City Manager Townsend noted that this protect was planned as a result of petitions that were received from the West Oso School District and the residents of the Casa de Manana apartment complex. He explained to the Council that sidewalks are frequently installed adjacent to property that is zoned "1-2." An unidentified gentleman representing the Triach Corporation, the owner of property listed as Item 4, expressed the opinion that the sidewalks proposed to be installed will not even be used by the school children. He stated that those in existence now are seldom used, possibly because they are frequently overgrown with weeds and are covered with mud when it rains. City Manager Townsend agreed that there is a problem in keeping the side- walks clean, but the City does clean the existing sidewalks when requested to do so by the West Oso School District. Mr. Townsend also pointed out that shell walks are very unsatisfactory when installed in farm areas where farmers are plowing their fields, since they frequently move their tractors and farm machinery over the shell walks which scatters the shell. He Inquired of Mr. Lontos as to the cost of asphalt walks, and Mr. Lontos replied that the cost of asphalt sidewalks is not much less than concrete sidewalks. City Manager Townsend summarized by pointing out to the Council that the real question is how the cost of the project should be distributed and whether or not they consider that the sidewalks are an enhancement of the property involved. No one else spoke in regard to this preliminary assessment roll. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Council Member Sample inquired as to whether or not the sidewalks will really be used by the school children. Mr. Holly pointed out that the natural drainage of the land is across these sidewalks, and if they are full of trash and dirt, they will not be used. Council Member Gill agreed that if the sidewalks are not maintained, they will not be used. City Manager Townsend pointed out that Old Brownsville Road has a lot of traffic on it, and he felt that the sidewalks are definitely needed and would be used by the children. Minutes Regular Council Meeting March 28, 1979 Page 10 Council Member Sample questioned whether or not the sidewalks would really enhance the adjacent property and inquired if the staff will provide a further recommendation about reducing the assessments. City Manager Townsend stated that the staff must have Council guidance to make such a recommendation. Council Member Gill asked if there is any method by which the sidewalks could be constructed to obstruct the flow of mud and water across them and stated that she could see no purpose in constructing sidewalks that will become so dirty that they cannot be used. City Manager Townsend assured the Council that when complaints are received in regard to the mud on the sidewalks, the City will see that they are cleaned. Council Member Gi11 then suggested that only the sidewalks on Old Brownsville Road be constructed, and City Manager Townsend stated that the contract for construc- tion has been awarded, and the City would have to go out for bids again if the pro- ject is basically changed. He reiterated that a petition containing 100 signatures had been received requesting the installation of these sidewalks. Motion by Holt that the project proceed according to the plans and the preliminary assessment roll be approved; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with comments and explanation and recommended that: a. Public hearing be held at a Special Council Meeting at 3:30 p.m. on May 23, 1979 on the following zoning cases: (1) Mr. Roy Downer: "R -1B" to "1-2" - On east side of Waldron Road, approximately 300 feet north of Yorktown Road. (2) City of Corpus Christi: "B-1", "A-2" & "1-2" to "R -1B" - On both sides of Highland Avenue and Buford Street, between Hibiscus and Espinosa Streets. (3) City of Corpus Christi: "B-4" to "R -1B" on Tract 1; "1-2" to "A-2" on Tract 2; & "1-2" to "R -1B" on Tract 3 - On east side of Elgin Street along both sides of Bright and Reyna Streets b. Plans and specifications for the construction of lift station number 4, a 30 inch force main from Williams Drive to Wooldridge Road and a 12 inch gravity line from Wooldridge to the ditch be approved. This project is the continuation of the wastewater transmission system from the Oso Wastewater Treatment Plant to Saratoga and Everhart Road. A grant for 75% has been received from the Environmental Protection Agency. The local portion was included in the 1977 bond election. It is recommended that bids be received on April 25, 1979. Minutes Regular Council Meeting March 28, 1979 Page 11 c. A resolution be adopted urging the School Land Board to adopt a rule prohibiting surface drilling in the Gulf of Mexico within one mile of recreational beaches. Such a rule is being formally considered for adoption on April 13, 1979. The rule is consistent with the recommendations of the Bay Drilling Committee and the Planning Commission in 1976 to establish such a one mile prohibited zone to ensure that oil and gas development is not detrimental to recreation and tourism on Padre and Mustang Islands. d. Improvements previously discussed for Port Avenue from Buford to Agnes be approved and the State be requested to complete plans for the improvement. Vacant property with access from Port Avenue or from Harmon Street is generally available for off-street parking. Two buildings may have difficulty in getting to adjacent vacant property. It is further recommended that the City work with any owners who are willing to participate in the construciton of off-street parking at their expense, City Manager Townsend reminded the Council that this street improvement project was discussed last week; the approprlate maps are available; the staff has carefully analyzed the properties involved; and it appears that either on the same property or on adjacent property, parking can be provided for these businesses in the same manner as it is in other areas of the City if the property owners desire to do so. Mr. Townsend assured the Council that the people who have businesses in this area have been notified that this matter is being considered today so that they will have an opportunity to address the Council in regard to the contemplated improvements. City Manager Townsend pointed out that all but one or two tracts of property that are being used for business purposes have ample space for off- street parking or at the rear of their property that fronts on Port Avenue. Mr. Townsend explained to the Council that the street improvements on the other sec- tions of Port Avenue are progressing very well, or the contracts have been let and the improvements will soon be under way. He indicated that this area will be greatly improved if the entire portion of Port Avenue is improved, including this section. City Manager Townsend assured the Council that the City staff will be ready to assist the merchants along this section to cooperate to provide parking for their business facilities at their expense. e. A closed meeting be held to discuss personnel matters. (This item was not considered at this meeting.) f. A federal court suit, filed by an Account Clerk I1 because of an on-the- job injury, be settled for $5,000 of disability leave, in addition to workmen's compensation. The employee will retire April 17, 1979 with 25 years of service. The employee was injured November 29, 1977 and has been unable to assume her regular duties es a result of the injury. Minutes Regular Council Meeting April 28, 1979 Page 12 9• A 10 -foot wide utility easement situated between Lots 1 and 4, Block 4, Colonia Hidalgo Addition be abandoned at the request of the property owner. A11 affected departments concur. h. That the following taxicab rates be approved: 85C first 1/4 mile 201 each additional 1/4 mile or fraction thereof $8.00 per hour waiting time one to five passengers same fare These rates will provide for approximately a 25% increase City Manager Townsend noted that the recommended rate increase has been modi- fied in accordance with the Council's instructions. He stated that the material presented by the company making the request has been studied, and the staff plans to address a letter to the company requesting that they change their accounting pro- cedures so that their records will be easier to analyze. Mayor Lozano called for comments from the audience on the City Manager's Reports. Speaking in regard to Item "d" pertaining to the Port Avenue Street improve- ments was Ms. Martha Bullajian, who is associated with Dick's Grocery Store on Port Avenue. Ms. Bullajian strongly objected to the street improvements and the resulting elimination of head -in parking in front of their grocery store, stating that they would lose all of their customers if parking is a problem. She also questioned how off-street parking would be constructed since the owners of adjacent property have not agreed to cooperate in such a protect. Ms. Bullajian suggested that this section of Port Avenue not be improved but Just be black -topped to resurface the street. She contended that the elimination of head -in parking would totally destroy their business. Another owner of business property on this street, Ms. Nellie Genoway, also objected to the elimination of head -in parking and pointed out that she and her family had worked very hard to develop this piece of property. She stated that the property she owns could not be developed with off-street parking because a garage is located directly behind her store. City Manager Townsend polhted out that according to the item as listed on the agenda, the property owners of two buildings en this section of Port Avenue might have difficulty in obtaining property for off-street parking, and Mrs. Genoway's property is one of them. Minutes Regular Council Meeting April 28, 1979 Page 13 Other owners of business firms on this section of Port Avenue who spoke in opposition to the street improvements were Ms. Mary Helen Bullajian, also of Dick's Grocery Store; Mr. Leo G. Guszak, owner of Guszak Cash Registers; the owner of Celia's Bridal Shop; and Mr. Joseph Sikora, the owner of the shopping center. Council Member Gill expressed the opinion that because of the large volume of traffic on Port Avenue, there is a need to improve the street. She pointed out that owners of business firms in the Six Points area were very disturbed when head -in parking was eliminated there a number of years ago, but they formed an association and found a method of purchasing property to provide off-street parking for their businesses. She suggested that these Port Avenue merchants try the same thing as a solution to their parking problems. Mr. Mike Shea, Attorney, addressed the Council and stated that Ms. Genoway had contacted his law firm that day in regard to this matter. Mr. Shea stated that he is not too familar with the project, but he did want to comment on one aspect of the street improvement project. He indicated that he is concerned about the statements made by the staff to the effect that it would be possible for the busi- ness firms to cooperate to provide off-street parking. Mr. Shea contended that this possibility is just an assumption, and there obviously have been no plans made in order to provide such a solution to the problem. Mayor Lozano pointed out that the City is not required to provide parking for any private businesses. Mr. Shea explained that Ms. Genoway's property has been under litigation for some time, and she has just recently been able to lease her property. He also pointed out that the Council should be concerned about the people who are operating small business on a small income and should not approve anything that discourages customers from shopping at these small businesses. *Council Member Juarez departed the meeting at 5:30 p.m. There were no further comments in regard to the City Manager's Reports. Motion by Sample that the City Manager's Reports, stems "a" thru "h", with the exception of Item "e" which was not considered, be approved; seconded by Holt; and passed by the following vote: Lozano, Gill, Holt and Sample voting "Aye" on all of the items; Diaz voting "Aye" on all of the items with the exception of "d" Minutes Regular Council Meeting April 28, 1979 Page 14 on which he abstained because he owns property in the area; Juarez absent at the time vote was taken. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments from the Council or members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the follow- ing ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE 111, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON OCEAN DRIVE, WEST SIDE, FROM ELIZABETH TO AYERS STEEET, AND BY AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON STREETS BY ADDING TO: "OCEAN DRIVE, WEST SIDE, BETWEEN CRAIG STREET AND COLE STREET" THE FOLLOWING NOTATION: "EXCEPT BETWEEN AYERS STREET AND ELIZABETH STREET"; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". THIRD READING - ORDINANCE NO. 14843: ESTABLISHING A FEE TO BE CHARGED AGAINST OWNERS OF PROPERTY OUTSIDE THE CITY LIMITS FOR FIRE CALLS WHERE SUCH CALLS DO NOT INVOLVE PROVIDING ASSISTANCE TO OTHER INCORPORATED MUNICIPALITIES AND THE U. S. NAVY; PROVIDING FOR NOTICE OF DELINQUENT ACCOUNTS TO CITY COUNCIL AND COUNTY COMMISSIONERS; AND PROVIDING FOR EFFECTIVE DATE, ALL AS MORE FULLY SET FORTH HEREINAFTER. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". THIRD READING - ORDINANCE N0. 14844: ANNEXING A PARCEL OR TRACT OF LAND, MORE FULLY DESCRIBED HEREINAFTER, BUT GENERALLY DESCRIBED AS A PORTION OF SARATOGA BOULEVARD ABUTTING A PORTION OF LOT 1, BLOCK 7, ROBERTSON'S FARM TRACT AS SHOWN BY MAP OF RECORD IN VOLUME 39, PAGES 114 AND 115, MAP RECORDS, NUECES COUNTY, TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE 1, SECTION 2(c), PROVIDING FOR THE ANNEXATION TO THE CITY OF CORPUS CHRISTI OF ROADS, HIGHWAYS AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". RESOLUTION N0. 14845: URGING THE SCHOOL LAND BOARD TO PROHIBIT SURFACE DRILLING IN THE GULF OF MEXICO WITHIN ONE MILE OF RECREATIONAL BEACHES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". nutes Regular Council Meeting April 28, 1979 Page 15 ORDINANCE NO. 14846: AMENDING THE MASTER SANITARY SEWER PLAN (1963) ADOPTED BY RESOLUTION NO. 7441 ON DECEMBER 23, 1964, AS AMENDED, BY DIVERTING 37 ACRES OUT OF THE AREA AT THE NORTHEAST CORNER OF WEBER AND SARATOGA ROADS, DESIGNATED AS AREA 12-5-2 ADJACENT TO WEBER ROAD, INTO THE DRAINAGE AREA 11-B-2, THUS CHANGING THE 37 ACRES FROM THE WESTSIDE WASTEWATER SYSTEM TO THE OSO WASTEWATER SYSTEM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". ORDINANCE NO. 14847: AUTHORIZING THE CITY MANAGER TO ENTER INTO A SETTLEMENT AGREEMENT TO SETTLE THE FEDERAL COURT SUIT, CAUSE NO. C-78-20, RINALDA HARSHBERGER V. W.N. SCARBOROUGH, JR., DIRECTOR OF MAINTENANCE SERVICE, ET AL, A SUBSTANTIAL COPY OF WHICH COMPROMISE SETTLEMENT AGREEMENT 1S ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Diaz, Gill, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". ORDINANCE NO. 14848: CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT SITUATED BETWEEN LOTS 1 AND 4, BLOCK 4, COLONIA HIDALGO ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, 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, Diaz, Holt, and Sample voting "Aye"; Gulley and Juarez, "absent". * * * * * * * * * * * * City Manager Townsend presented the following discussion item for Council consideration: b. Discussion of Senate Bili 603. This bill is like Senate Bill 89, introduced in the 1977 session, which would authorize the Executive Director of the Texas Department of Community Affairs to establish and supervise a comprehensive network of drug treatment and rehabilitation programs through public and private agencies using state appropriations. The previous City Council passed a resolution endorsing passage of Senate 8111 89 by the 1977 Legislature. Motion by Holt that the Council adopt a resolution supporting this legis- lation; seconded by Diaz; and passed unanimously. *Council Member Gill departed the meeting at 5:37 p.m. City Manager Townsend informed the Council that the City had received the ratings on the bonds for the Choke Canyon project -- Moody's rating was A-1, and Standard and Poors rating was A+. Mr. Townsend indicated that these are good ratings for the sale of water revenue bonds and should assure a good sale next week. Minutes Regular Council Meeting rft-28 , 1979 Page 16 City Manager Townsend reminded the Council that the Choke Canyon bond sale is scheduled to be conducted on Wednesday, May 2, 1979, at 11:00 a.m. In the Council Chamber. Council Member Sample expressed concern about the continuing practice of police officers entering bars to repeatedly check health permits of employees, etc., indicating that many bar owners feel that thls constitutes harassment. City Manager Townsend suggested that Council Member Sample provide the staff with definite times and places of such harassment, and the staff will be glad to investigate the complaints. Council Member Diaz stated that he had also received similar complaints. City Manager Townsend explained that the police officers are assigned to check the bars in an effort to reduce the number of DWI types of accidents. * * * * * * * * * * * * There being no further business to come before the Council, on motion by Sample, seconded by Holt, and passed unanimously, the Regular Council Meeting was adjourned at 5:50 p.m.,40f44 28, 1979.