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HomeMy WebLinkAboutMinutes City Council - 01/28/1981MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 28, 1981 3:30 P.M. PRESENT: Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best Jack K. Dumphy Leopoldo Luna * Betty N. Turner Cliff Zarsky ABSENT: Mayor Luther Jones City Manager R. Marvin Townsend Ass't. City Attorney Bob Coffin City Secretary Bill G. Read Mayor Pro Tem Edward L. Sample called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend Kenneth Body of Gardendale Prayer Church of Christ, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Best. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Motion by Best that Mayor Luther Jones, who was out of the City due to illness in his family, be excused for just cause; seconded by Zarsky; and passed unanimously. Mayor Pro Tem Sample announced the issuance of the following proclamations: "CATHOLIC SCHOOLS WEEK 1981"- February 1 -"7, 1981; "BLACK HISTORY MONTH" - February, 1981; "FELIX VON BLUCHER DAY" - January 31, 1981; "CHILDREN'S DENTAL HEALTH"- February, 1981; "CERTIFIED ENGINEERING TECHNICIAN AND CERTIFIED TECHNOLOGIST MONTH" - February, 1981; and "AMERICAN HISTORY MONTH" - February, 1981. Mayor Pro Tem Sample administered the oath to a number of new appointees to various Boards and Committees. Mayor Pro Tem Sample then presented a retirement plaque to the following employee: oo Employee: Department: Position: Years of Service: Mr. Gene Melton Police Ass't. Chief of Police 34 Mi nutes Regular Council Meeting January 28, 1981 Page 2 * Council Member Betty N. Turner arrived at the meeting at 2:17 p.m. ********** Mayor Pro Tem Sample called for the City Manager's Reports. City Manager R. Marvin Townsend presented the following items with related comments and explanations and reconrnended that: a. Bids be received on February 17, 1981 for the fallowing equipment for the Convention Center: (1) 1 electric hoist platform; (2) floor cleaning equipment including one carpet shampooer, one power vacuum cleaner, one hard floor vacuum cleaner, two walk behind scrubbers, one rotary floor machine, one floor burnisher, three carpet vacuum cleaners, two upright vacuum cleaners and four tilt trucks; (3) material handling equipment including one industrial fork lift, three platform trucks, one hand pallet truck, and two dock plates; (4) forty-eight litter receptacles and 10 cases of plastic bags; (5) office equipment including seven chair mats, one floor safe, four clothes racks, six chalkboard -corkboards, six speaker stands, four table lecturns, and one day bed. b. Bids be received at 11:00 a.m., Monday, February 23, 1981, for a five-year concession contract for the Bayfront Convention Center, including the Auditorium concessions after October 11, 1981, when the ' present Auditorium concessions contract expires. The concessionaire would be required to maintain a liquor license and handle all sales of liquor in all of the facilities. The bidders will state the percentage of gross to be paid the City. The concession contract will not include exclusive catering rights. Functions will be allowed to choose their own caterer with the concessionaire being free to bid on catering service. c. Bids be received February 24, 1981 for a twelve months supply agreement for gas and water meters including 868 gas meters ranging in size from 175 cubic feet (1" pipe size) to 10,000 cubic feet (4" pipe size) and 2,815 water meters ranging in size from 5/8" to 2". d. Bids be received February 24, 1981 for a twelve months supply agreement for microfiche service for the Finance Department and Public Utilities. Various financial records and reports and the Utility Office billing register are microfilmed to reduce retrieval time and storage requirements. e. Bids be received February 24, 1981 for a twelve months supply agreement for fire hydrants (approximately 80). Minutes Regular Council Meeting January 28, 1981 Page 3 Council Member Zarsky commented that while he was attending the National League of Cities he learned that in Europe fire hydrants are not used any more and questioned why the City does not examine the possibility of eliminating fire hydrants. City Manager Townsend explained that in Europe they never did have fire hydrants and the method suggested is that the fire trucks carry hydrants with them and connect to the water line at the location of the fire. He stated that he would be glad to provide a report on this type of system. f. Bids be received March 24, 1981 for a replacement 16 ton wrecker body for the Transit Division to tow inoperable buses. A converted 1958 Mack truck has been used by the Division and it is no longer operable. The wrecker body is included in a 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. g. 1,000 gallons of cynthion insecticide (premium malathion) for mosquito control be purchased from American Cyanamid Co., Wayne, New Jersey for $14,070 on the basis of low bid. Bids were received from two firms. Price comparison shows an increase of 8%. h. Plans and specifications for the furnishing of the food service equipment and its installation at the Corpus Christi Community Convention Center be approved and bids be received on February 18, 1981. The Restaurant Association has assisted in developing the specifications. City Manager Townsend informed the Council that this is a joint recommendation of the Restaurant Association, the City Staff, and the architectural consultants. I. A contract for the Oakdale Drive Sanitary Sewer Improvements project be awarded to Isles Construction Company for $63,192.25 and $67,000 be appropriated including the contract and related expenses. Bids were received from four contractors. The extension will provide sanitary sewer service to all of the residents of Oakdale Drive. The project was initiated by a petition from the residents on Oakdale Drive. Minutes Regular Council Meeting January 28, 1981 Page 4 j. The following action be taken on the Lexington Estates -Mahan Acres Street Improvement project: (1) Public hearing on paving assessments held on January 21, 1981 be closed. (2) The preliminary assessment roll be adopted providing for assessments of $138,972.83 on 176 parcels. The roll has been revised to reflect adjustments recommended at the public hearing. (3) A contract for $603,957.20 be awarded to King Construction Company for street improvements, and $625,000 be appropriated for the contract award, laboratory tests, engineering and related expenses. (4) The standard curb section throughout the project be the 6 -inch curb and gutter for residential property in lieu of the standard 4 -inch curb and gutter. The contractor bid the same price for the construction of both heights of curb and the 6 -inch curb controls parking better along public roadways. * k. A contract for realignment of the boat slips on the south side of the Peoples' Street T -Head and related storm drainage repairs be awarded to W. T. Young Construction Company for $446,576. The work includes installation of new slips along the south side and realignment of slips along the west face of the T -Head. Pilings and decking damaged by Hurricane Allen will be replaced and broken waterlines will be repaired. The dock for the Marina Patrol Boat will be reconstructed and 184 fiberglass gearboxes replaced. A total of $88,324 will be reimbursed by FEMA as eligible storm -related reconstruction costs. An appropriation of $460,000 is needed. City Manager Townsend stated that he would like to withdraw item "k" because the bid was much higher than anticipated and the Staff would like to firm up FEMA's commitment to this project and make an attempt to change the plan so that a lower bid may be obtained. 1. $1,598.46 be appropriated for deposit with the State Department of Highways and Public Transportation for additional City costs incurred as determined by actual construction figures on the Everhart Road Improvement Project (South Staples to Padre Island Drive). The project was constructed jointly by the City and State under the Urban Systems Program. The City funded items totalled $25,598.46 with $24,000 having been placed in escrow with the State Treasurer. B&E Construction Company has completed the improvements at a total cost of $788,624. m. The General Fund be reimbursed $159,576.81 for engineering on various bonds and Community Development project for the months of October, November, and December, 1980 and $147,881.61 be appropriated to supplement $17.,695.20 in existing appropriations. Reimbursements include: Street ($101,545), Airport ($7,533), Sanitary Sewer ($6,504), Park ($1,963), Storm Sewer ($10,922), and Community Development Projects ($31,111). The majority of the engineering reimbursements is comprised of the following projects: Segrest Addition Street Improvements ($24,156), Lamar School Area Street Improvements ($24,137), Ella Barnes Unit 1-B ($22,494), Washington -Coles Street Improvements ($9,398), Industrial Technology Park ($8,714), Spohn Hospital Area Street Improvements ($8,969), Minor Storm Sewers, Phase II ($4,762), and Tracy Addition Street Improvements ($4,587). that item "k" was withdrawn by the City Manager Minutes Regular Council Meeting January 28, 1981 Page 5 ** n. The Drainage Master Plan in the area of Bear Lane SH 358 and Old Brownsville Road be amended by changing the location of the drainage outfall ditch known as the Gabriel Terrace Outfall by shifting it westwards along common property lines, establishing the right-of-way as 100 feet wide and conditioning such amendment upon the dedication and/or acquisition of the right-of-way from Bear Lane to Old Brownsville Road from the affected property owners. Sitterlee Company has requested such change in order to make the development of their tract accessible to the proposed outfall. o. Section 17-12 of the City Code be amended to increase from 90 to 180 days the period within which notice of injury possibly caused by the City must be given to conform to the City Charter. The Charter was amended in 1975 to increase the notice period but the Code has never been amended to conform to the Charter. p. The City Code be amended to require a Food Service Permit for an annual fee of $150 for food service establishments having more than 6 employees, $50 for those having less than 7 employees and $25 for temporary food service establishments. Food Handler's permits, fees and physical examinations will be eliminated. Food service establishments will be required to certify to the Health Department that employees will be properly trained in basic food service sanitation. A Food Manager's Permit will be required for all food service or food processing establishments and a Food Service Advisory Council of four local food managers and three persons from the community at large will be established to hear food manager permit revocation or suspension cases and to make appropriate recommendations to the Director of Health and Welfare. q. A public hearing be held on March 4, 1981 to consider changes in the Flour Bluff and Naval Base bus routes and schedules. Possible revisions include: (1) Connecting the Flour Bluff and North Gate routes to allow Flour Bluff passengers to travel along Alameda without transfer, (2) Changing the Flour Bluff service from 30 minute to one hour headway, and (3) Extending the South gate route to Williams Drive between Staples and Airline to provide better service to an area of apartments. City Manager Townsend explained that this public hearing was recommended by the Staff after a petition was received for bus service to be extended from South Gate route to Williams Drive between Staples and Airline and that there is a concern about the Flour Bluff bus route. r. Tom F. Marsh, Incorporated be granted a permit to drill a well from a regular location in the Laguna Madre. The State Tract 33 Well No. 1 will be located 3,200 feet seaward of Flour Bluff and 5,600 feet in a northeasterly direction from the John F. Kennedy Causeway. The well will be drilled as a straight hole to a depth of 9,500 feet. No exceptions to the Bay Drilling Ordinance are requested. ** Please note that this item was withdrawn after discussion -- see page 10 Minutes Regular Council Meeting January 28, 1981 Page 6 s. Emergency equipment repairs to a Caterpillar bulldozer by B. D. Holt, Company, for an estimated cost of $10,575.60 need to be made. The bulldozer was rented from W. T. Young Rental Company as a temporary replacement for equipment being repaired and was damaged on December 31, attempting to control a fire at the Elliott landfill. Repairs include reconditioning transmission and pumps, rewiring, replacement of hoses, lines, seals, ad seat and painting. The rental agreement requires the City to repair the equipment, other than ordinary maintenance. Mayor Pro Tem Sample called for comments from the Council on the City Manager's Reports. Council Member Best referred to item "b" and requested an explanation of the bids to be received for the concession contract for the Bayfront Convention Center. City Manager Townsend explained that everyone concurs with the recommendation but there is a question about the liquor license and the sale of alcoholic beverages by the concessionaire. He asked Mr. Bill Hennings, Director of Inspections and Operations, to provide a more detailed explanation. Mr. Hennings stated that there is a need to arrange the contract so that the concessionaire may serve liquor and other outside caterers may also serve liquor in association with their catering duties. He explained that because of this, the Staff is proposing that the concessionaire obtain a liquor license to sell beverages in the Banquet Hall and in the Auditorium where the permanent concession facilities will be located and it is further recommended that the concessionaire be required to maintain a permit to cater alcoholic beverages in the Banquet Hall and meeting rooms and pay the City 15% of gross sales on catered events. Mr. Hennings further explained that outside caterers would also be allowed to cater alcoholic beverages in the Banquet Hall and meeting rooms and they would pay the City 10% of gross sales noting that these recommendations are consistent with the goal of encouraging competition of catered events. Mr. Hennings continued his explanation by stating that those bidding for the concession rights will include in their bid a certain percentage of gross receipts for the sale of food and beverage, liquors, wines, beers, cigarettes, candy, etc.; for programs and novelties, the percentage will be 50% of net receipts; and for all catering, the percentage would be 15% of gross receipts. City Manager Townsend informed the Council that the bidding specifications which have been prepared would have provided that the concessionaire would have an exclusive on liquor; this was causing some concern; other caterers wanted to serve liquor; and that is the reason the specifications are being revised to allow this. Council Member Turner pointed out that the person who was most concern was a Minutes Regular Council Meeting January 28, 1981 Page 7 local liquor store owner because he wanted to be allowed to serve in the Convention Center also. City Manager Townsend stated that whatever licenses local people have now would be satisfactory for service in the Convention Center. Council Member Turner continued by referring to the liquor store owner and in - inquired if he would be able to bid on supplying liquors for conventions. City Manager Townsend stated that the concessionaire would be able to bid on catering but other caterers will be able to bid also. Mayor Pro Tem Sample called for comments from the audience on the City Manager's Reports. Mr. Bryan McDonald, representing Sitterle and Company, referred to item "n" in regard to the request to amend the Drainage Master Plan. He informed the Council that the City Staff has asked for 100 feet of right-of-way to be dedicated for the drainage; this is included in the ordinance; and stated that his company is interpreting this as a fixed non-negotiable width. He explained that they can actually show that a lesser width of right-of-way in some areas would suffice and they would like for the Council to pass the ordinance to allow Sitterle and Company to show that the necessary drainage facilities can be located in a lesser width of right-of-way in certain areas. City Manager Townsend informed the Council that he and other Staff members had met with Mr. McDonald and Sitterle and Company representatives and he was under the impression that they had reached a resolution on the right-of-way width. He asked Mr. Lontos if the ordinance did indeed state that 100 feet would be required. Mr. James K. Lontos, Director of Engineering -and Physical Development, confirmed the fact that the ordinance refers to required 100 feet of drainage right-of-way but not necessarily to be dedicated right now. City Manager Townsend suggested that the ordinance be revised to require 40 foot dedication now from each adjacent property onwer and 10 feet later. He commented that the right-of-way starts at Old Brownsville Road and extends to Bear Lane and the devel- oper was to provide 100 foot width right-of-way easement if the City would enter into an agreement with the Sorensons, who are the adjacent property owners, to acquire some of the land. Mr. Lontos also pointed out that there is another section from Old Brownsville Road to the point where the ditch ties in that is to be developed. City Manager Townsend stated that since they have had a lengthy meeting with Minutes Regular Council Meeting January 28, 1981 Page 8 applicants on this, he did not feel that further discussion would be of any value. He stated that he certainly understood that this company would like to have this changed in the Drainage Master Plan but the Staff cannot recommend changing the Master Plan unless this right-of-way is resolved. Mayor Pro Tem Sample stated that it was his understanding that apparently Sitterle and Company feels that they can drain the necessary amount of water in less than 100 feet of right-of-way. City Manager Townsend stated that it was his distinct impression that they had agreed following the lengthy meeting that the City would require 100 feet of right-of-way. Mr. Lontos confirmed this by stating that his calculations and those of the engineer who requested the amendment agreed that 100 foot width of right-of-way would be required particularly to provide land for maintenance of the ditch. He stated that evidently Sitterle and Company have changed their minds. City Manager Townsend inquired of Mr. McDonald what he feels would be adequate in certain areas. Mr. McDonald replied that there are several areas where they feel that 100 feet would not be necessary. He noted that closer to Bear Lane possibly less right-of-way would be required and they certainly do not want to dedicate more right-of-way than is necessary. He stated then that he would just like to ask the Council to include in the ordinance the possibility of lesser right-of-way provided that the City Staff agrees. Motion by Turner that this item be tabled until this is worked out. City Manager Townsend explained that the City needs to have a contract with this company, a contract with the Sorensons, and this change to be approved all at the same time. He assured the Council that the only reason this item is on the agenda today is because Sitterle and Company specifically requested it. He stated that the Staff does not necessarily object to the change they have requested but suggested that the wording in the ordinance could be changed from "100 feet of right-of-way" to "establishing the right-of-way as determined by the City's Engineering Department". Mr. McDonald indicated that he concurred with that. Motion by Turner that the change be approved to establish the right-of-way that is certified to be adequate by the Director of Engineering and Physical Development; seconded by Luna; and passed unanimously. Addressing the Council in regard to item "b" was Mr. Jerry Benadum, Attorney rer---enting Mr. Jimmy Tryon, the owner of a local liquor business. Mr. Benadum state Minutes Regular Council Meeting January 28, 1981 Page 9 his client is concerned about the exclusive franchise for liquor in the Main Exhibit Hall and the Auditorium for a concessionaire. He stated that he has discussed this matter with Mr. Hal Peterson, Convention Center Manager, and although they realize that the City does need some exclusive aspects to the concession contract, they also feel that there should be free competition among local businesses of bid business generated by the Convention Center. He explained that there is a difference in types of services that can be provided by a caterer. He informed the Council that Mr. Tryon is a retail dealer of liquor; he has a permit to sell in that capacity; he also provides a service to furnish a bartender, busboys, and to serve liquor on an hourly basis. He stated that Mr. Tryon is not interested in the concessionaire contract but he does have the license to furnish liquor for the same type of function as the concessionaire and he is present to protest the exclusive contract with the concessionaire because he felt that competitive bidding just for the liquor should be allowed. For this reason, Mr. Benadum requested that the Exhibit Hall and the Auditorium not be exclusively for the con- cessionaire. He urged that the provision on alcoholic beverages be restructured to make it more precise. City Manager Townsend requested Mr. Benadum to make written recommendations but explained to him that it is absolutely necessary that the City go out for bids now. Mr. Benadum stated that he would be glad to meet with the Legal Department to assist them in preparing the specifications or meet with Mr. Hennings. Council Member Dumphy inquired of Mr. Benadum whether or not he and his client would just be objecting to the legal technicalities or if they disagreed with the way the bids are to be received as explained by Mr. Hennings. Mr. Benadum replied that his client would agree that the Main Exhibit Hall should be allowed to be exclusive but not the Banquet Hall. Mr. Dumphy stated that he felt that the local people should be allowed to compete. City Manager Townsend pointed out that the City is just going out for bids, no ordinance will be passed at this time. He reminded the Council that the City is just going out for bids right now and the contract will be worked out later as to just which area should be exclusive for the concessionaire. He stated also that the City has three weeks to prepare an addendum to go out to the bidders and during that time, they will be glad to receive the suggestions of Mr. Benadum. Minutes Regular Council Meeting January 28, 1981 Page 10 There were no further comments on the City Manager's Reports. After a brief consultation with Mr. Lontos, City Manager Townsend stated that he would like to withdraw item "n". Motion by Luna that the City Manager's Reports, items "a" through "s", with the exception of items "k" and "n", which have been withdrawn, be approved; seconded by Turner; and passed unanimously. * * * * * * * * * * Mayor Pro Tem Sample called for consideration of the following matter: 9. Consideration of the recommendation of the Municipal Arts Commission that the following allocations be approved from the $50,000 reserve in the hotel -motel room occupancy tax fund for programs in the Arts: a. Acquisition of a piece of sculpture by a South Texas artist $20,000 b. Travel expenses for Isamu Noguchi to visit Corpus Christi to confer regarding a proposal for the center of the Bayfront Arts and Science Park 1,000 c. Operation of the Corpus Christi Arts Council 7,000 d. Watercolor Society of South Texas Watercolor show in Corpus Christi (estimated attendance - 400) 4,000 TOTAL $32,000 If these allocations are accepted, separate recommendations will be prepared regarding sculpture acquisition, the Arts Council contract and the Watercolor Society meeting. City Manager Townsend reminded the Council that this was discussed last week and the only change following that discussion was the $1,000 for travel expenses. Council Member Turner inquired if the $7,000 designated for operation of the Corpus Christi Arts Council could not be funded by the Arts Council. City Manager Townsend stated that this is a volunteer organization and they have very few funds. Mr. Townsend also pointed out that it was his understanding that this is what the Council and the Municipal Arts Commission wanted but the Staff does not recommend this. Council Member Turner stated that she was of the opinion that the entire $50,000 should be designated for art -- not for operating expenses and asked about the operating budget for the Arts Council. City Manager Townsend reiterated that he had just included in this item the things that he thought the Council wanted. There were no further comments on this matter. Motion by Zarsky that item 9. be approved, seconded by Luna, and passed unani- mo Minutes Regular Council Meeting January 28, 1981 Page 11 * * * * * * * * * * Mayor Pro Tem Sample announced the public hearing on closing the following described alleys: Closing unopened and unimproved alleys in Blocks 9, 10, 11 and 12, La Pascua No. 2 Subdivision. Abutting owners have expressed a desire to close the alleys which have never been utilized for vehicular access. Utility lines exist throughout most of the alleys and utility easements will need to be retained. The alleys are parallel and perpendicular to Yolanda Drive between West Point Road and Bloomington. City Manager Townsend displayed a transparency showing the alleys proposed for closing and stated that this is just a request to close unused alleys that are not really known as alleys. He commented that these streets have been improved; this is in the Molina area; the alley is not opened as an alley and is not known as an alley; and the owners have been notified in the usual manner and the only question that he is aware of is what should happen to the alley if it is closed. He stated that the recommendation before the Council is that the alleys be retained as utility easements but they have received a request that the alley be closed in some other manner. He reiterated that the Staff's suggestion is that the alley be closed in the usual manner with one-half going to each abutting property owner and the City is requesting that 20 feet be retained as an easement. He indicated that it was his understanding that there is a desire by the property owners that the easement retained be only 15 feet. He explained further that this request emanated from a concern by a a lady on Yolanda Drive that the alley be closed. Mayor Pro Tem Sample called for comments from members of the audience on the proposed alley closings. Mrs. Maria Joses addressed the Council and stated that it was her understanding' that the City planned to retain the alleys. City Manager Townsend explained that one-half would go to her and one-half to the other neighbor but the utilities will remain in place there. He explained further that this closing would allow the property owners to keep the alley for their use; they could be fenced in; but the closing of the alleys would prevent anyone from coming in and paving the alleys so that they cannot be used by the adjacent property owners. Mrs. Jose inquired that if she and the other property owners are granted ten additional feet whether or not their taxes would be increased. Minutes Regular Council Meeting January 28, 1981 Page 12 City Manager Townsend replied that this really should not increase the taxes but instead would just give them the right to keep people off of this property. Council Member Turner inquired about how this was done and City Manager Townsend explained the mechanics of closing alleys noting that the City maps will be changed to show each lot having an additional ten feet, the title company is notified, and a copy of the ordinance is filed in the Deed Records of Nueces County. Mrs. Ruth Harper, 4629 Yolanda, thanked the City for considering closing the alley. She stated that she did not understand the plan at first but since it has been explained, she has no questions about it now. Mr. Alonzo Chavez also a resident of Yolanda Street, stated that he understood that the alley runs parallel to the street. Mr. Chavez informed the Council that he lives on the corner and since there are no utilities located there, if it would be possible for him to construct a driveway in that alley. Mr. Jerry Smith, Chief Engineer, pointed out several locations where no easement will have to be retained including Mr. Chavez' property. Mrs. De Los Santos, 4521 Yolanda, explained to the Council that at the time the alley was dedicated 15 feet were taken from her property and only 5 feet from the adjacent property owner. She inquired about the possibility of receiving that 15 feet rather than the 10 feet. She explained to the Council that Mr. Cox, the developer of the land, had informed her of this. Mr. Smith explained that he had discussed this with Mr. Cox and pointed out that the lots on Yolanda Street appeared to be more shallow than those an Valdez Street. He stated that Mr. Cox was the original subdivider and he was of the opinion that 5 feet of the alley should go to the lots on Valdez and 15 feet to the lots facing on Yolanda which would balance the size of the lots in the subdivision. Mr. Smith stated again though that the Staff recomends that the alley should be divided equally with 10 feet going to each adjacent property owner. Council Member Turner inquired if any of the property owners had actually dedicated 15 feet and Mr. Smith replied that they did not because the lots were just platted that way. City Manager Townsend suggested that the Council hear all of the testimony in this public hearing and then the Staff will attempt to see if the history of the tract is correct. Minutes Regular Council Meeting January 28, 1981 Page 13 Mrs. T. Alaniz, who owns a corner lot on Yolanda Street, informed the Council that her property has been rezoned to business zoning; they have already designed their plans for the lot; and inquired if they would have to be revised. City Manager Townsend replied that this should not make any difference in the plans that have been prepared for her business. Mrs. Gonzales, 4403 Yolanda Street, pointed out that the school property is at the rear of her lot and inquired if there is an alley there and if so, if it is closed, will she be able to receive her portion of the alley. City Manager Townsend explained that there is an alley behind the lot and if it is closed, there would just be an easement rather than an alley and no one can could along and pave the alley. He further explained that the easement will be used for utilities and if the alley is closed Mrs. Gonzales would be entitled to 10 feet of the alley. There were no further comments in regard to this matter. Motion by Zarsky that the hearing be closed, seconded by Turner, and passed unanimously. Motion by Turner that the unopened and unimproved alleys in Blocks 9, 10, 11 and 12, La Pascua #2 Subdivision be closed with the retention by the City of the utility easements; seconded by Luna; and passed unanimously. * * * * * * * * * * Mayor Pro Tem Sample announced consideration of the following matter: 10. Consideration of a request by the National Kidney Foundation of the Texas Coastal Bend, to close the 1200, 1300 and 1400 blocks of No. Shoreline to vehicular traffic on May 2, 1981, from 6:00 a.m. to 6:00 p.m. in order to hold their annual Chili Cook -Off. Last year's event was held in Cole Park. The Shoreline Boulevard site is requested this year since more parking is available, and it is more accessible to traffic. City Manager Townsend stated that this is a request from the Kidney Foundation to use three blocks of North Shoreline for their annual chili cook -off to be held in conjunction with Buccaneer Days. Mr. Tom Stewart, Director of Traffic and Transit, further explained that the Kidney Foundation has requested that blocks 1200, 1300 and 1400 of North Shoreline be closed for them to conduct their annual chili cook -off. He stated that this will only Minutes Regular Council Meeting January 28, 1981 Page 14 be in a northerly direction but the southerly direction would be open and the time of the event will be from 6:00 a.m., Saturday, May 2, until 6:00 p.m., the same day and would be conducted in conjunction with the Buccaneer Days Celebration. He verified that all of the property owners in this area have agreed to this closing and that he sees no traffic problems that will occur. Council'Member Turner inquired if the Convention Center would be open at that time and if so would a convention be in progress. Mr. Stewart stated that he has received a letter from Mr. Hal Peterson expressing no opposition to this proposed closing. City Manager Townsend informed Mrs. Turner that there is a convention that starts that day but there will be no events held before 6:00 p.m. • Motion by Turner that the Council approve the closing of this street as des- cribed for the purpose of conducting the Kidney Foundation's Chili Cook -Off; seconded by Dumphy; and passed unanimously. ********** Motion by Turner that the Regular Council Meeting be recessed at 3:35 p.m., seconded by Best, and passed unanimously. *********** Mayor Pro Tem Sample reconvened the Regular Council Meeting at 3:42 p.m. and called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda and withdrew the ordinance pertaining to amending the 1961 Storm Drainage Master Plan and the ordinance pertaining to a contract for reconstruction and realignment of the Peoples Street T -Head boat slips. Mayor Pro Tem Sample called for comments from the audience on the ordinances. Mr. Ernest Bohannon referred to the ordinance pertaining to the food service permit and urged that food handler's ordinances should be very stringent. He stated that he was of the opinion that the local restaurants are dirtier than the ones in Mexico and stated that the employees of the Health Department are not inspecting them properly and he was of the opinion that they should be more stringent and should require that hair nets be worn and that health permits should be obtained by people working in food establishments. Minutes Regular Council Meeting January 28, 1981 Page 15 .City Manager Townsend pointed out to Mr. Bohannon that this amendment to the code does not change the portions about requiring hair nets and not allowing people who are ill to work in food establishments. Speaking in regard to the same ordinance was Mr. Arnold Villarreal who stated that he is an owner of a small restaurant and he was of the opinion that there are already too many regulations governing food handlers. He expressed the opinion that there are already adequate health requirements in the existing ordinance. City Manager Townsend explained to Mr. Villarreal that this amendment to the code does not change the regulations on the cleanliness of restaurants and the only changes included are to require a training process rather than just having employees obtain a health permit. Mr. Villarreal stated that he still objected to this because he already owns his own business and he sees no reason why he should be trained in cleanliness. An employee of the Health Department introduced Mr. Hayden who will be in charge of training the managers of food establishments. Mr. Hayden explained that many of the complaints filed at the Health Department were cases in which the manager of a food establishment did not even know that the things he was doing were unsafe. He stated that if Mr. Villarreal is of the opinion that he knows all about cleanliness in restaurants then he will not be required to have training but instead can just take a test. Mr. Villarreal also objected to this because other business firms do not have to take tests. Mayor Pro Tem Sample explained to Mr. Villarreal that all the Council is trying to do is just to insure that a better method is employed so that our public food establishments will be clean. There were no further comments on the ordinance; City Secretary Read polled the Council for their vote and the following ordinances were passed: FIRST READING AMENDING SECTION 17-12 OF THE CORPUS CHRISTI CITY CODE TO COMPLY WITH ARTICLE IX, SECTION 27 OF THE CHARTER OF THE CITY OF CORPUS CHRISTI SO THAT THE PERIOD WITHIN WHICH NOTICE OF INJURY MUST BE GIVEN IS CHANGED FROM NINETY (90) DAYS TO ONE HUNDRED EIGHTY (180) DAYS AS PROVIDED IN THE CHARTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. Minutes Regular Council Meeting January 28, 1981 Page 16 FIRST READING AMENDING CHAPTER 19 OF THE CORPUS CHRISTI CITY CODE OF ORDINANCES REQUIRING A FOOD SERVICE PERMIT OF ANY FOOD SERVICE OR FOOD PROCESSING ESTABLISHMENT FOR A FEE OF $150 ANNUALLY FOR THOSE EMPLOYING MORE THAN SIX PERSONS, $50 ANNUALLY FOR THOSE EMPLOYING LESS THAN SEVEN PERSONS, $25 ANNUALLY FOR TEMPORARY FOOD SERVICE ESTABLISHMENTS, AND $50 ANNUALLY FOR RETAIL FOOD STORES; PROVIDING FOR REVOCATION OF SUCH PERMITS; REQUIRING EMPLOYERS TO CERTIFY EMPLOYEE TRAINING IN FOOD SERVICE SANITATION; ELIMINATING THE REQUIREMENT OF FOOD HANDLER PERMITS, FEES, AND PHYSICAL EXAMINATIONS; REQUIRING EACH FOOD SERVICE OR FOOD PROCESSING ESTABLISHMENT TO HAVE AT LEAST ONE PERSON IN CHARGE OF THE OPERATION TO HAVE A VALID FOOD MANAGER'S PERMIT; PROVIDING FOR A MINIMUM FINE OF $50; AND ESTABLISHING A FOOD SERVICE ADVISORY COUNCIL. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 15993: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE OAKDALE DRIVE SANITARY SEWER IMPROVEMENTS; APPROPRIATING $67,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $63,192.25 IS FOR CONSTRUCTION AND $3,807.75 ' IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL. AND CONTINGENCY EXPENSES APPLICABLE TO PROJECT NO. 250-77-31, OAKDALE DRIVE SANITARY SEWER LATERALS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 15994: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: LEXINGTON ESTATES AND MAHAN ACRES AREA (1) Brandesky, Cosner and Kosarek Drives, from McArdle Road to South Padre Island Drive, (2) Hakel Drive, from McArdle Road to Mahan Drive, and, (3) Foley Drive, from Kostoryz Road to Broughton Drive; 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 AN 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 was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. F• ites ular Council Meeting �dnuary 28, 1981 Page 17 ORDINANCE NO. 15995: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE LEXINGTON ESTATES-MAHAN ACRES STREET IMPROVEMENTS PROJECT, APPROPRIATING $625,000 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $603,957.20 IS FOR CONSTRUCTION AND $21,042.80 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND CONTINGENCY EXPENSES, APPLICABLE TO PROJECT NO. 220-77-2.17, LEXINGTON ESTATES-MAHAN ACRES STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 15996: APPROPRIATING $1,598.46 OUT OF THE NO. 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NOS. 15211 AND 15270 FOR THE CONSTRUCTION OF METROPOLITAN HIGHWAY 410 (EVERHART ROAD) FROM SOUTH STAPLES STREET TO PADRE ISLAND DRIVE, TO COVER COST OF OVERRUNS INCURRED AT COMPLETION OF CONSTRUCTION, APPLICABLE TO PROJECT NO. 220-77-4, EVERHART ROAD, SOUTH STAPLES TO PADRE ISLAND DRIVE, WHICH AMOUNT IS TO BE PLACED IN AN ESCROW ACCOUNT WITH THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 15997: APPROPRIATING A TOTAL OF $147,881.61 AS FOLLOWS: $97,416.58 OUT OF THE NO. 220 STREET BOND FUND 7,533.18 OUT OF THE NO. 245 AIRPORT BOND FUND 5,176.74 OUT OF THE NO. 250 SANITARY SEWER BOND FUND 1,886.24 OUT OF THE NO. 291 PARK BOND FUND 10,921.62 OUT OF THE NO. 295 STORM SEWER BOND FUND 24,947.25 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND ACTIVITY 4745, CODE 502 TO SUPPLEMENT $11,695.20 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS TO VARIOUS PROJECTS AS SHOWN ON THE TABULATIONS MARKED EXHIBIT "A" AND EXHIBIT "B", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $159,576.81 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED FOR THE . MONTHS OF OCTOBER THROUGH DECEMBER, 1980; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance' was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 15998: CLOSING A SMALL STUB STREET IN CASTLE PARK, UNIT 1, AT THE INTERSECTION OF LOMBARDY DRIVE AND CASTLE DRIVE AND ABANDONING A 10' UTILITY EASEMENT IN THE SUBDIVISION AND DECLARING AN EMERGENCY (Public Hearing 1/21/81). The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. Minutes Regular Council Meeting January 28, 1981 Page 18 ORDINANCE NO. 15999: URGING THE U.S. CONFERENCE OF MAYORS TO SUPPORT FEDERAL LEGISLATION FOR A LOWER AND SEPARATE MINIMUM WAGE FOR YOUTH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 16000: 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 BENNET & ASSOCIATES/ SEAFARER, INC. BY REVISING THE SPECIAL PERMIT SITE PLAN ON LOT 1-A BLOCK 4, SEASIDE SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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 passed by the following vote: Sample, Best, Dumphy, Luna, and Zarsky voting "Aye", Turner voting "Nay", Jones absent. ORIDNANCE NO. 16001: 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 JIM TEAGUE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 3, BLOCK 81, BROOKLYN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "AT" APARTMENT -TOURIST 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 was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ORDINANCE NO. 16002: 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, OR THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JACK KELSO BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 8, BLOCK 47, BLUFF PORTION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS 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 was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ,ites ular Council Meeting _,iva 28, 1981 Page 19 ORDINANCE NO. 16003: FINDING THAT A PUBLIC EVENT ON SATURDAY, MAY 2, 1981, IN CONJUNCTION WITH THE ANNUAL BUCCANEER DAYS FESTIVAL IS IN THE INTEREST OF THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200, 1300 AND 1400 BLOCKS OF NORTH SHORELINE BOULEVARD TO NORTHBOUND VEHICULAR TRAFFIC FROM 6:00 A.M. TO 6:00 P.M.; GRANTING THE EXCLUSIVE USE OF THE STREETS, SIDEWALKS, MEDIANS AND SEAWALL FOR A PUBLIC CHILI COOKOFF SPONSORED BY THE NATIONAL KIDNEY FOUNDATION OF THE TEXAS COASTAL BEND; PROVIDING FOR BARRICADING AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE INSPECTIONS AND OPERATIONS DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; AND PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sample, Best, Dumphy, Luna, Turner and Zarsky voting "Aye", Jones absent. ********** Mayor Pro Tem Sample called for petitions or information from the audience on matters not scheduled on the agenda and noted that Mr. John H. Broomfield would be the first speaker. Mr. Broomfield stated that he is representing the concerned citizens of Hillcrest Association and referred to the crisis situation that was created recently by the explosion and fire that occurred in the industrial area which is located adjacent to the Hillcrest Addition. Mr. Broomfield explained to the Council that the citizens of that area feel that certain precaution should be taken to protect them and they are just attempting to obtain cooperation to alleviate the dangers that are prevalent in that area. Mr. Broomfield continued by requesting that the Council direct the proper City departments to study (1) how an adequate warning device and evacuation plan could be effected for the Hillcrest area; (2) examination of the zoning in the area and who has jurisdiction over that area explaining that the residents learned at the time of the fire that there was a question as to whether the County or the City was responsible for the area. Mr. Broomfield explained the various types of zoning that are prevalent in the area and noted that only four residents live on Nueces Bay Boulevard and most of the houses on that street are vacant. He stated that he felt that anything that is constructed in the City should be examined very closely because the industries there were constructed after Hillcrest Addition. (3) Mr. Broomfield stated that they would like to have a statement from City Officials of how they intend to help residents of that area. He mentioned that at one time there was a siren system in the Hillcrest area and suggested Minutes Regular Council Meeting January 28, 1981 Page 20 that this be installed and used again even though it has not been used since World War II. Mr. Broomfield continued by stating that they are approaching the problems that exist in their area and are attempting to have an understanding with the industries and with the City. He commented also that they would like to have the cooperation of the City to make arrangements for possible warning and evacuation of the area in case of a fire. Mr. Broomfield then informed the Council that insurance companies are cancelling some of the policies in that area because of possible dangers of fire. He summarized by stating that they are only requesting that the City participate by studying these three requests. City Manager Townsend stated that if there are examples of insurance companies cancelling policies or increasing rates he would like toLhave copies of those immediately because that is not supposelto happen and the City would take this matter to the State Insurance Commission. Mr. Townsend then referred to the sirens that were in existence during World War II and stated that they were not really very adequate. He also referred to the evident confusion that existed as to whether or not residents should evacuate the area and assured Mr. Broomfield that during that last fire, there were no orders issued by anyone in authority that the area should be evacuated. He stated that the Staff will be glad to establish an evacuation plan because this area can easily be cleared in case of danger. He explained that rather than the sirens to be installed he would prefer that City police cars go into the area and announce on their loudspeakers and knock on doors if people are to evacuate the area. Mr. Broomfield informed the Council that someone came in with loudspeakers and told residents to evacuate and a traffic jam occurred at Nueces Bay Boulevard. City Manager Townsend again stated that no one in authority with the City had issued such orders and members of the audience indicated that it was a City police car that was going through the area ordering people to evacuate. Council Member Luna stated that it was not the City police who issued such orders but was employees of Nueces County Sheriffs Department. Mr. Broomfield agreed that this was true and it was not City police who ordered the evacuation. Mr. Broomfield then displayed a map showing the tank farms and area of concern. City Manager Townsend explained the various zoning in the area and in regard to the warning issued during the last fire and stated that it was the City's responsibility fog portion of the tank farm that is inside the City limits and for Hillcrest Add4 Minutes Regular Council Meeting January 28, 1981 Page 21 Council Member Turner inquired as to whether or not the residential area was constructed first or the tank farms in "I-3" zoning and City Manager Townsend replied that the Hillcrest residential area was there before the "I-3" was approved for the oil tank farms. He agreed that there should be a buffer zone between the two. Mr. Broomfield explained that his group is working with the refineries now to try to resolve this matter. Council Member Turner inquired how a buffer zone could be devised and City Manager Townsend replied that other than acquisition there is probably no way. Mr. Broomfield who noted again that Nueces Bay Boulevard has very few residents suggested that that area be rezoned to provide a buffer zone between the residential area and the tank farms. City Manager Townsend agreed that that area should be zoned "B-3" or "I-2" so that no habitation would be allowed and this would provide a good buffer between the "I-3" and the "R -1B". He noted that ideally, this property could be used for landscaped area or for parking. Mr. Broomfield stated that even though his organization is working with the refineries they would like to have the City cooperate in an effort to rezone the fringe property on Nueces Bay Boulevard. Mayor Pro Tem Sample explained that the things these citizens have requested have already begun to be resolved. He pointed out that Southwest Refinery owns the large parking lot and Champlin Petroleum Company has just purchased two lots for parking and most of the houses on that land are empty. He expressed the opinion that since the closing of this area for residential use has already started he felt that the matter would eventually be resolved. Mr. Broomfield referred to the City Manager's remark that the old warning system that was used by Civil Defense was not adequate and again asked that a good warning device be installed so that all the residents would recognize the signal and would know that there is a danger. He urged that this be a priority item. City Manager Townsend explained that he did not mean to imply that the City would be opposed to the installation of a warning device but that he did not feel it was likely that it would be used to evacuate the entire area because usually there is a need to evacuate certain portions of the area rather than the entire Hillcrest Addition. He assured Mr. Broomfield that he did not object to the possibility of a warning device which could be activated by only the Police Chief or the Fire Chief but he did not think Minutes Regular Council Meeting January 28, 1981 Page 22 it would be used very often. Council Member Best commented that if the warning device would not be very expensive to install and if it would make the residents of Hillcrest more secure to have it there he would suggest that such an installation be considered. City Manager Townsend agreed and stated that the cost could not be very much. Mayor Pro Tem Sample commented that if the discussion meant that the siren would be installed only to provide a sense of security for the residents, he did not think that it should be installed because the residents should not rely too much on it because there was always the possibility there would not be time for someone to activate the siren and a danger could occur before it could be activated. City Manager Townsend pointed out that there are many types of fires,some of which look very bad but may not even present a danger to the citizens of Hilldrest,and there would be a need for someone to go out to the'area to assess the danger. He stated that he could not conceive of a fire that would be dangerous and out of control before someone had an opportunity to examine it. Mrs. Knox addressed the Council and pointed out that she was there when the explosion occurred and no one really knew how frightening it was when one of the tanks started exploding. She stated that she agreed that a siren would not make them safe but she felt that a buffer zone would be the best improvement in the area. She expressed the opinion that people should not even be living in that area and pointed out that in the recent occurrence if another tank had exploded they would have all been killed. Mrs. Knox also pointed out that there was only one street which was filled with fire trucks and other firefighting equipment and inquired what would have happened if other units had been sent to the area and they had no place to park. City Manager Townsend agreed that that was a bad situation. Mayor Pro Tem Sample thanked Mr. Broomfield for coming and bringing the group with him and complimented him on his fine presentation. * * * * * * * * * * City Manager. Townsend stated that he would like to have guidance of the Council on pending litigation before the Senate and House in regard to the proposed deannexation of the Gulf of Mexico. He explained that the Legislation is sponsored by representatives of the oil industry and it is before the House at this time. He explained that the Proposed legislation would attempt to deannex one mile of that two miles that was annexed a "'nrt time ago by the City of Corpus Christi. He pointed out that if the Legislate Minutes Regular Council Meeting January 28, 1981 Page 23 has the authority to deannex a water area, there is no reason not to assume that they could also deannex'all water in the City limits. He pointed out that obviously this is a bill that has a lot of momentum and a lot of support by the oil industry and portions of the State other than on the Coast because it would benefit school children and it has the support of all drilling companies. Council Member Dumphy stated that he felt that the City should go all out in their efforts to oppose this bill. He suggested that at the same time, it should be pointed out to the State Legislature that if they are going to do this then they should control drilling in the Bay. City Manager Townsend agreed and reminded the Council that the School Land Board had never adopted the regulations that they indicated that they would over a year ago. Council Member Zarsky concurred and stated that he was of the opinion that the City should take every precaution to protect the people and beaches near the Bay. He urged that this bill be opposed as diligently as possible. Mayor Pro Tem Sample agreed and noted that it seemed to be the consensus of the Council that the City Staff should do everything possible to oppose this legislation. City Manager Townsend stated that he had just been handed a note to the effect that he had been invited to meet in the Lieutenant Governor's Office on February 4, 1981 to discuss this matter. Council Member Best suggested that the Council visit the City of Austin and also visit the State Legislature when they are in session. He suggested that this be sometime in February. There being no further business to come before the Council, on motion by Zarsky, seconded by Luna, and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m., January 28, 1981. * * * * * * * * * *