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HomeMy WebLinkAboutMinutes City Council - 09/26/1973PRESENT: Mayor Jason Luby Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez J. Howard Stark MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 26, 1973 2:00 P.M. Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Edwin T. Brawn, Pastor of Mt. Olive Lutheran Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Gonzales and passed, that the absence of Mayor Pro Tem James T. Acuff be excused for just cause. Motion by Lozano, seconded by Stark and passed, that the Minutes of the Regular Meeting of September 12, 1973, be approved as furnished to the Council. Mayor Luby proclaimed the week of October 1 through 6, 1973, as HELP YOUNG AMERICA WEEK; the week of October 1 through 7, 1973, as HARVEST FESTIVAL WEEK and during this week, October 2, 1973, was designated as DAY OF BREAD. Motion by Lozano, seconded by Branch and passed, that the following appointments be made to the Nueces County Community Action Board: Mr. James Lontos representing Mayor Jason Luby (if unable to attend); Mr. Archie Walker representing Councilman J. Howard Stark; Mr. Juan Bosquez representing Councilman Thomas V. Gonzales; Mr. Homer Martinez represent- ing Councilman Gabe Lozano, Sr.; Mr. Maurice Colvin representing/Councilman Harold T. Branch; and Mr. Ernest Briones representing Councilman Ricardo Gonzalez. Mayor Luby called for the opening of bids on the completion of the Interior Second Wing of Corpus Christi Museum. Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids from the following firms: J. H. Chapman Construction Company; Lee Roy Cole, Contractor; I. C. Salazar Construction Company; Emil J. Stefek, General Contractors and L & L Construction. Company, all of Corpus Christi, Texas. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. • • Minutes Regular Council Meeting September 26, 1973 Page 2 Assistant City Manager Walker recommended that the ordinance containing amendments to the Platting Ordinance be passed on second reading today and that the third and final reading be delayed for two weeks for further study and possible changes. Mayor Luby called for the City Manager's Reports, and Assistant City Manager Walker presented requests and recommendations with related comments and explanations as follows: a. That a public hearing be held on October 3, 1973 at 2:00 p.rn. on a proposal to change Congressional Drive in front of Fred R. Sanders Elementray School to either Republic Drive or Independence Drive due to the fact that there already exists a Congressional Drive perpendicular to the aforementioned street. The name change will only affect Fred R. Sanders School, the only building facing the street. The request has been circulated through the affected departments and all concur with the change. b. That a public hearing be held on October 17, 1973, on the following zoning applications: 1) Jesse Del Valle - "R -1B" to "A-2", located on the southwest corner of Baymoore Boulevard & Ebony Street at I.H. 37. 2) Lynn Gray - "R -1B" to "1-2", located on the northeast corner of South Padre Island Drive & Bear Lane. 3) John Tucker - "R-2" to "AB", located on the northeast corner of Weber Road & Copt() Drive. 4) C. R. Payne, J. R. Pritchett & Bruce Anderson - "R -1B" to "1-2", located between Rand Morgan Road and. Clarkwood Road, south of Sedwick Road. 5) City of Corpus Christi - "R -1B" to "R-2", located on the east side of Grossman Drive south of Carmel Parkway. 6) City of Corpus Christi - "R-2" & "SP" to "AB", located on the south side of Avalon between Everhart Road and Robert Drive. 7) Amend Article 20 "1-2" Light industrial District Regulations - Text Amendment. c. That a public hearing be held on October 24, 1973 on the following Planned Unit Development application: 1) Herbert Alexander - "R -1B" "R-2" & "A-2" to PUD -2, located north of Purdue Road, west of Waldron Road, and south of Division Rood, and containing approxi- mately 58 acres in the site. d. That bids be received at 11:00 a.m,, Tuesday, October 16, 1973, for the purchase of the following items in the 1973-74 Budget: • • Minutes Regular Council Meeting September 26, 1973 Page 3 1) Three chemical solution tanks, a return wash water pump and four 16" butterfly valves for the Water Division. 2) A walk-in freezer for the Coliseum. e. That a contract be awarded to Audio Intelligence Devices, Inc., of Fort Lauderdale, Florida for 18 portable transmitter, Receiver and Recording Systems, for the Police Department at $950 each or $17,000. Bid invitations were extended to eight firms but only one bid was received. Funds are available from the Citizens Police Contact Monitoring Grant. A supplemental grant application has been submitted to the Criminal Justice Council for seven additional units ($6,650). Authority is also requested to purchase these units if the supplemental grant application is approved. No price comparison can be made because we have not previously purchased these units. Assistant City Manager Walker explained that the purpose of the recording devices is to maintain a geed -relationship between the citizens and the police officers. He also stated that the police officers will be instructed to inform the citizens that the convensation is being recorded. f. That a contract be awarded to Alamo Asphalt Construction Company for $5,864.48 for the sealing of commercial ramp areas at the Corpus Christi International Airport. An alternate bid was received which provided for additional seal coating of portions of the ramps sealed several years ago but as the alternate bid exceeded budgeted funds, the contract award will be for sealing only ramp sections not previously sealed. Bids were received from two firms. Another firm, B & C Construction, submitted a bid which was rejected because it was submitted too late and in an unsealed condition. g. That a contract be awarded to Townsco Contracting Company of Oklahoma City, Oklahoma for $2, 160 for striping the centerline of Runway 13-31 at International Airport. The low bid for this work by this firm was $3,808. This award represents a reduction in the scope of work to complete the work within budgeted funds. Originally, Runway 17-35 was also scheduled, however, it does not need striping as badly as Runway 13-31. Bids were received from only one firm. h. That $2,891.97 be paid to the architectural firm of Orby Roots and Charles Bellah for design work for Change Orders No. 1 and 4 to the Greenwood Park and Pool. Change Order No. 1 added alternate bid items to the contract award to Emil Stefik and Change Order No. 4 provided for grass sodding in the area immediately around the pool. It is requested that revenue • • Minutes Regular Council Meeting September 26, 1973 Page 4 sharing funds budgeted under the first entitlement period for Greenwood Park and Pool develop- ment be used to pay the design fees. i. That the tabled request to close the 200 block of Woodrow Street be again considered and that the street not be closed because the area involved should be included in the proposed park for the north end of Corpus Christi Beach. A public hearing was held on the closing of Woodrow Street July 18, 1973. j. That the Planning Commission be requested to consider an amendment to the adopted Corpus Christi Beach Development Plan to enlarge the park at the north end of Timon Boulevard to include the area north of Gulden from the Bay to Timon, and north of Sandbar from Timon to Highway 181. k. That acquisition of land for the first phase of the Corpus Christi Beach Park at the north end of Corpus Christi Beach be approved in the area bounded by Corpus Christi Bay, Gulden, Gulf Breeze, Sandbar and Timon Boulevard, It is estimated that the $475,000 of bond resources approved in December, 1972 will be sufficient for this acquisition. I. That the following service charges be approved for "AID Ambulance Service", the emergency ambulance service operated by the Fire Division under contract with the City and Nueces County Hospital District. 1) Emergency ambulance service within the City for completed run - $35.00. 2) A minimum charge of $10.00 for reporting to the scene of an emergency within the City but where no action is taken in transporting the patient and first aid only is rendered. 3) Emergency ambulance service outside the City, but within the County of Nueces for a completed run - $45.00. 4) A minimum charge of $15.00 for reporting to the scene of an emergency within the County where no action is taken in transporting the patient and first aid only is rendered. 5) Emergency or non -emergency service outside Nueces County - $50.00 plus $.50 per mile for each mile over 25 from the point of departure of the ambulance, 6) Non -emergency runs within the City - $25.00. 7) Non -emergency runs within the County of Nueces but outside the City limits of Corpus Christi - $35.00. 8) A minimum charge of $10.00 within the City and $15.00 within the County where transfer services are requested by the patient or patient's family, but no patient is transported. • Minutes Regular Council Meeting September 26, 1973 Page 5 The rates have been approved by the Nueces County Hospital District. AID Ambulance Service will begin operations on October 1, 1973 at 8:00 a.m. m. That the pier lease between the City and the Corpus Christi Yacht Club be renewed for an additional five-year period (October 1, 1973 - September 30, 1978) at a monthly rental rate of $1,206. The Yacht Club leases for its members a 40 slip mooring pier located at the northeast corner of the Yacht Club property and extends some 375 feet northerly in the Marina Basin between the L -Head and the Lawrence Street T -Head. n. That an agreement be entered into with Del Mar College to employ students eligible for the federally -funded Student Work -Study Program for the 1973-74 year. Del Mar will pay 80% of the students' salaries and the City will pay 20%. Although no maximum number is specified in the contract, it is anticipated that five students will be employed (one each in the Library and Radio Shop and three in the Health Department) for 12-15 hours per week. Maximum cost per student will be $175 for a total cost of $875. The cost will be covered by salary under - runs in the Departments concerned. 0. That the City Manager be authorized to submit an application to and execute a grant from the Department of Labor to continue the Manpower Planning Program. The application is for $61,750 which provides funding through August 31, 1973 or 10-1/2 months. The funding is for only 10-1/2 months because funds were left over from the previous grant period which allowed that program to carry over 1-1/2 months. The Manpower staff consists of fa6r professional and one secretarial positions through August, 1974. p. That the General Fund be reimbursed $3,487 for rental of equipment used by the Park Construction crews in grading and removing debris from South Shores Park. The funds will be reimbursed from the 291 Park Bond Fund, Bayfront Open Space. q. That a Resolution be passed approving the City's participation in an application of Alaska Airlines, Inc., and Braniff Airways, Inc. for approval of an Equipment Interchange Agree- ment. If approved, the agreement would provide air service between Corpus Christi and Alaska with no change or just one change of aircraft required. That change would be in Dallas or Houston. Presently, one or two changes are required in either Dallas or Houston and/or Seattle. Braniff has asked for the City's support in this matter and the City's other two air carriers have no objections. • Minutes: Regular Councileting September 26, 1973 Page 6 r. That $2,330 be appropriated out of No. 220 Street Bond Fund for acquisition of Parcel No. 28, South Staples Street Improvements -Padre Island Drive to Saratoga, Project No. 220-70-107, for award of Special Commissioners, Commissioners' fees, appraiser's costs and court costs, of which amount $1,850 is amount of award to property owners, Edmond M. Hunt, et al, and $480 is for Commissioner's fees and appraiser's and court costs.. s. That the City Manager be authorized to enter into a lease with the Corpus Christi Airport Development Corporation for the leasing of a 10 -acre tract at the Airport, and to approve a sublease between. Corpus Christi Airport Development Corporation and Power Monolithics, Inc., in lieu of the lease authorized in Ordinance No. 11569, approved on July 11, 1973. The previous lease provided a 15 -year lease and seven five-year renewals. The new agreement provides for a 20 -year lease with no renewal options to comply with Internal Revenue Service regulations. t. That $10,000 from the appropriated reserve ($16,000) of the Tourist and Conven- tion Development Fund be made available for the cost of receptions in cities visited by the Sparkler group to encourage tourists and conventions to come to Corpus Christi. The Sparklers are an independent unit sponsored by the Hotel -Motel Association and supported by the Chamber of Commerce and the Corpus Christi Area Tourist Bureau. Each of these agencies has endorsed this request. The cost at each city visited would include the expenses of an official representative of the City. u. That the request from Rollins Outdoor Advertising Company to relocate its 6 signs on Highway 44 be denied in lieu of the City's recent policy of improving highway appearances, particularly major points of interest like the Airport entrance. The signs are presently on State property which will be used to widen Highway 44 and Rollins Outdoor Advertising Company is requesting that they be permitted to relocate the signs on Airport property. The Airport Advisory Board recommends that the signs be removed. Commissioner Gonzalez inquired about the directional sign at the Airport and if it would remain. Assistant City Manager Walker stated that this particular sign is necessary even though it is not too attractive. Mayor Luby inquired if anyone in the audience had any comments in regard to the foregoing City Manager's Reports. • Minutes Regular Council Meeting September 26, 1973 Page 7 In regard to the item recommending acquisition of land for the proposed Corpus Christi Beach Park, Mrs. Lorraine Joliffe, a property owner within the designated park area, spoke at this time. Mrs. Joliffe stated that she respectfully requested that Council consider Sandbar Street as the park boundary line, pointing out that this was recommended by the Corps of Engineers in 1963. Mrs. Joliffe stated that she is a property owner in that area and would be affected even if the proposed boundary is accepted, but indicated that the Corps of Engineers is experienced in this, and she is of the opinion that the funds available would not be adequate to purchase the additional block for the park. Assistant City Manager Walker pointed out the area on the map and stated that the purpose of extending the park area one block was to provide more public open space adjacent to the open beach. Mr. Walker also indicated that until this time, the City had not made a decision in regard to the boundary. Commissioner Lozano stated that the proposed boundary lines was the final decision of the City and that an attempt to be realistic had been made to stay within the funds available. Mr. Pat Horkin, President of Corpus Christi Beach Association, spoke at this time on behalf of the 31 members. Mr. Horkin stated that he approves the area that has been designated by Council for the park and feels that the $475,000 available would be adequate to acquire this property. He thanked the Council for their consideration of his organization's various persentations. Mr. Edward Hogan, owner of a trailer park in the proposed park area, spoke at this time, stating that he has a Special Permit for this park; the City is leasing pact of the land to him for his trailer park; he is in the process of landscaping the area; and stated that he is concerned about what will happen to his facility when the park is built. Assistant City Manager Walker stated that the initial plan is to acquire a certain amount of the property, which area does not include the property where Mr. Hogan's trailer park is located, and stated that if the Planning Commission approves acquisition of more land for the park, it would still be three to five years before the City would be able to purchase additional property outside the designated area. Mayor Luby stated that this proposed acquisition will not harm Mr. Hogan's operation, but Assistant City Manager Walker warned Mr. Hogan that he should be aware that there is a possibility that he will not be there forever. Assistant City Manager Walker inquired of Mr. Hogan concerning his lease with the City. Mr. Hogan stated that it is • • Minutes Regular Council Meeting September 26, 1973 Page 8 a five-year lease with an option for it to be extended, and that about one-third of the property in the trailer park belongs to the City and two-thirds belongs to a private owner. Mr. Bill Burson of the B & C Construction Company spoke at this time in regard to Item "f" of the City Manager's Reports in regard to the awarding of the contract to Alamo Asphalt Construction Company for sealing of commercial ramp areas at the Corpus Christi International Airport. Mr. Burson stated that on the day the bids for this project were opened, his bid was rejected because it was submitted late and in an unsealed condition. Mr. Burson explained the circumstances in relation to this. He stated that he arrived in the City Secretary's office to present his bid at 1:55 p.m.; he found no one in the office; he went to the office of the Director of Engineering Services and was informed by an employee that the bid must be turned in to the City Secretary's office as required in the bid specifications. He returned to that office and was told to take the bid to the Council Chamber, which he did, presenting his bid at 2:05. He stated that his bid was rejected because it was late. Assistant City Manager Walker apologized for the confusion, but stated that his bid could not be accepted because it was late, it was unsealed, and some of the bids had already been opened and figures revealed, and Council had to make the decision not to accept Mr. Burson's bid. Mr. Burson reiterated that he was in the City Secretary's office prior to 2:00 p.m. and stated that the reason his bid was not sealed was because he had ascertained quite late that an additional cashier's check was required to be submitted with his bid. Mr. Walker assured Mr. Burson that had his bid been sealed, and if none of the other bids had been opened when he presented his bid, the Council could have had the authority to accept his bid, but under the circumstances, they had no alternative but to reject the bid. Mr. Paul Vogler spoke at this time in regard to Item "I" setting the charges for AID Ambulance Service. Mr. Vogler questioned the proposed charges and stated that the City will suffer a great loss in operating the ambulance service. Assistant City Manager Walker informed Mr. Vogler that the City is aware that the service will be operated at a loss and stated that a deficit of $202,000 was predicted, to be shared jointly by the City and the Nueces County Hospital District. Reverend Edwin T. Brown, Pastor of Mt. Olive Lutheran Church, spoke at this time on the matter of the Airport sign, stating that he agreed that a more attractive sign should be installed • • Minutes Regular Council Meeting September 26, 1973 Page 9 and also suggested planting palm trees along the drive. Assistant City Manager Walker stated that the master plan for the Airport indicated that a different location for the entrance drive would be desirable, and the City hesitates to plant trees in view of the fact that the entrance drive will eventually be relocated. Commissioner Stark stated that this has been suggested before, but nothing has ever been done. Mr. Walker stated that if Council desire the planting of palm trees and money can be made available, the Staff will have palm trees planted. Mr. Bob Kendrick, representing the owners of Country Club Plaza Shopping Center, spoke at this time in regard to the proposed gazebo -type building to be located in the parking lot of the shopping center and the conflict that has developed in regard to the screening fence. He stated that his clients had recently signed a lease with a photo company to construct the small building, and when the photo company applied for a building permit, they were refused because a screening fence is required since the back of the property is zoned "R -1B". Mr. Kendrick pointed out that the property in question has tanks on it and no residences. He stated that in discusing this with City Manager Marvin Townsend, it was suggested that his clients join the City in applying for different zoning. Mr. Kendrick stated that he did not agree with this becau,e it would cause several weeks delay, and requested that Council adopt a resolution waiving the screening fence requirement in this particular case. The legal procedures in regard to this were discussed. Commissioner Stark suggested a solution similar to that recently approved for the H. E. Butt Grocery Company in which funds are deposited to provide for construction of a fence if and when residences are built on the adjoining property. A representative of the photo company who was in the audience inquired if a letter of credit would be acceptable in lieu of funds deposited in the bank. City Attorney Riggs stated that letters of credit have been accepted in some cases, but pointed out that there have been several cases and it is hoped that a uniform policy could be recommended by the Planning Commission, possibly next week. Motion by Lozano, seconded by Stark and passed, that the fence requirement be deferred; the photo company make a cash deposit covering construction of a screening; that the Staff be directed to apply for rezoning of the adjacent property and when the zoning is changed, the cash deposit will be refunded. • • Minutes Regular Council Meeting September 26, 1973 Page 10 Motion by Stark, seconded by Lozano and passed, that the City Manager's Report -s, Items "a" through "u" be accepted and the requests and recommendations be granted and approved as presented. The following Resolution was read by Commissioner Stark: RESOLUTION NO. 11720 EXPRESSING APPRECIATION TO WILLIAM W. ANDERSON FOR HIS SERVICE AS DIRECTOR OF PLANNING FOR THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. The foregoing Resolution was presented to Mr. William W. Anderson, who expressed appreciation to the Council and stated that he has worked with many fine people during his 27 years with the City of Corpus Christi. ORDINANCE NO. 11712 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ALAMO ASPHALT CONSTRUCTION & SEALING CO, FOR CORPUS CHRISTI INTERNATIONAL AIRPORT SEALING OF COMMERCIAL RAMP AREAS; APPROPRIATING AND REAPPROPRIATING $5,970 OUT OF NO. 117, AIRPORT FUND, AIRFIELD ACTIVITY 5411, CODE 345, OF WHICH $5,864.48 IS FOR THE CONSTRUCTION CONTRACT AND $105.52 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11713 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TOWNSCO CONTRACT- ING COMPANY, INC. FOR CORPUS CHRISTI INTERNATIONAL AIRPORT CENTERLINE STRIPING OF THE RUNWAY; APPROPRIATING AND REAPPROPRIATING $2150 OUT OF NO. 117 AIRPORT FUND, AIRPORT ACTIVITY 5411,CODE 345, OF WHICH $2121 .60 IS FOR THE CONSTRUCTION CONTRACT AND $28.40 IS FOR CONTINEGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. • • Minutes Regular Council Meeting September26, 1973 Page 11 ORDINANCE NO. 11714 APPROPRIATING OUT OF NO. 291 PARK BOND FUND $2891.79 TO SUPPLEMENT THE EXISTING APPROPRIATIONS FOR THE ARCHITECTURAL FEES OF ORBY G. ROOTS AND CHARLES L. BELLAH, ASSOCIATED ARCHITECTS, IN CONNECTION WITH THE DESIGN OF GREENWOOD PARK DEVELOPMENTS, SAID APPROPRIATION TO BE TRANSFERRED TO NO. 291 PARK BOND FUND, FOR PROJECT NO. 291-70-9, OUT OF NO. 121 GENERAL REVENUE SHARING FUND, ACTIVITY 5601, CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye'; Acuff absent. ORDINANCE NO. 11715 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DEL. MAR JUNIOR COLLEGE, PROVIDING THAT AN AGREEMENT BE ENTERED INTO FOR PARTICIPATION IN A WORK-STUDY PROGRAM TO EMPLOY STUDENTS FROM LOW-INCOME. FAMILIES IN PART TIME EMPLOYMENT, WITH THE CITY TO MEET 20% OF THE SALARIES PAID FOR SUCH EMPLOYEES AND 80% TO BE PAID THROUGH A FEDERAL GRANT TO DEL MAR COLLEGE, AS SET FORTH IN THE CONTRACT ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye'; Acuff absent. ORDINANCE NO. 11716 APPROVING AND PROVIDING FOR THE SUBMISSION OF AN APPLICATION TO THE DEPART- MENT OF LABOR FOR A FEDERAL GRANT FOR THE PURPOSE OF CONTINUING THE MAN- POWER PLANNING OFFICE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID GRANT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE SAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, •Tom Gonzales, Ricardo Gonzalez, Lozano and Stork, present and voting "Aye'; Acuff absent. ORDINANCE NO. 11717 APPROPRIATING $3,487 OUT OF NO. 291 PARK BOND FUND, PROJECT NO. 291-70-8, BAYFRONT OPEN SPACE, FOR REIMBURSEMENT OF THE NO. 102 GENERAL FUND, ACTIVITY NO. 4122, CODE 603, FOR RENTAL EQUIPMENT USED FOR PARK IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye'; Acuff absent. Minutes Regular Council Meeting September 26, 1973 Page 12 RESOLUTION NO.. 11718 • FINDING A COMMUNITY( OF INTEREST BETWEEN CORPUS CHRISTI AND ANCHORAGE AND FAIRBANKS, ALASKA, PARTICULARLY IN THE AREA OF PETROLEUM EXPLORATION, DEVELOP- MENT, AND TRANSMISSION; FINDING THAT THE OPERATION OF A SINGLE PLANE SERVICE FROM CORPUS CHRISTI TO DALLAS -FORT WORTH AND HOUSTON TO ANCHORAGE AND FAIRBANKS, ALASKA IS IN THE BEST INTERST OF THE CITY; FINDING THAT THE CITY'S PARTICIPATION IN DOCKET NO. 25742 IN THE MATTER OF THE APPLICATION OF ALASKA AIRLINES, INC., AND BRANIFF AIRWAYS, INC., FOR APPROVAL OF EQUIPMENT INTER- CHANGE AGREEMENT BEFORE THE CIVIL AERONAUTICS BOARD IS IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI; APPROVING THE CITY'S PARTICIPATION IN SAID DOCKET NO. 25742; AUTHORIZING THE FILING OF THE ANSWER OF THE CITY OF CORPUS CHRISTI AND THE AVIATION COMMITTEE OF THE CORPUS CHRISTI CHAMBER OF COMMERCE IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Branch, Tom Gonzales, Ricardo -Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11719 APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $2330 FOR ACQUISITION OF PARCEL 28, SOUTH STAPLES STREET IMPROVEMENTS, PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, PROJECT NO. 220-70-107, SAID SUMS TO INCLUDE COMMISSIONERS' AWARD, COMMISSIONERS' FEES, APPRAISER'S COSTS AND COURT COSTS, SAID PARCEL ACQUIRED FROM EDMOND M. HUNT, ET AL, IN CONDEMNATION PROCEEDINGS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch;, Ton* Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAIN- TENANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and votcng "Aye"; Acuff absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, SO AS TO AMEND SECTION IV - DESIGN STANDARDS, SUBSECTION A, ITEM 14, 50 AS TO HEREAFTER PROVIDE FOR MINIMUM STREET GRADE OF TWO-TENTHS OF ONE PERCENT (0.2%); AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION A, ITEM 2, BY MAKING PROVISION FOR FILING WITH THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT OF THE CITY BY THE CONTRACTOR, BEFORE COMMENCING STREET IMPROVEMENTS OR CONSTRUCTION, A FULL SET OF PLANS SHOWING ROADWAYS, CROSS-SECTIONS, UTILITY PLACEMENT, SLOPE FOR DRAINAGE AND ANY OTHER PERTINENT • • Minutes Regular Council Meeting September 26, 1973 Page 13 INFORMATION; AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B, ITEM 1, 50 AS TO HEREAFTER PROVIDE FOR GREATER MINIMUM COMPACTED THICKNESS OF STREET BASE MATERIALS AND PROVIDING FOR ASPHALT PAVEMENT DEPTH TO BE ONE AND ONE HALF INCHES (1-1/21 THICK FOR RESIDENTIAL STREETS AND TO BE TWO INCHES (2") THICK FOR MAJOR THOROUGHFARES; ADDING TO SECTION V - REQUIRED IMPROVEMENTS, SUB- SECTION B, A NEW ITEM, 1(e), ADDING PROVISIONS FOR LABORATORY TESTING ADMIN- ISTERED By CITY WITH COSTS THEREOF TO BE BORNE BY DEVELOPER, AND ADDING A NEW ITEM, 10), PROVIDING FOR GRADING OF BUILDING LOTS TO RISE ONE FOOT FROM THE STREET TO THE BUILDING OR HOME TO INSURE BETTER DRAINAGE; AMENDING SECTION V - REQUIRED IMPROVEMENTS, SUBSECTION B BY ADDING A NEW ITEM; 9(d), CONCERNING MAINTENANCE WARRANTY; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. Assistant City Manager Walker suggested, and Council approved, that the third and final reading of the foregoing ordinance will be delayed for two weeks. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS IS MORE FULLY SET FORTH IN THE AGREEMENT OF LEASE, AND TO APPROVE SUB- LEASE BETWEEN CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION AND POWER MONOLITHICS, INC., AS SET FORTH IN THE SUBLEASE, COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING THAT REPEAL OF ORDINANCES IN CONFLICT HERE- WITH SHALL NOT BECOME EFFECTIVE UNTIL SIXTY DAYS AFTER FINAL PASSAGE OF THIS ORDINANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Lby, Branch, Toni Gonzales, Ricardo Gonzalez, Loza:o and Stark, present and voting "Aye"; Acuff absent, NOTE: See Page 13-1/2 (attached) Mayor Luby announced the public hearing on two zoning c Assistant City Manager Walker presented Application, 0873-1,, David Bomba, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lots 1 and 2, Block 34, .Windsor Park Unit 4, located on the southeast corner of Everhart Road and Janssen Drive. The request was heard by the Planning Commission on August 21, 1973, and referred to the Cocunci! with the recommendation that it be approved as a logical extension of business zoning along this street. It was the Planning Staff's recommendation that the request be denied, indicating that approval of the request would be an intrusion into a residential area and would cause a "domino" effect southward along this street. The Planning Staff further explained that a previous request for business zoning adjacent to the north had been denied. Assistant City Manager Walker stated that • Minutes Regular Council Meeting September 26, 1973 Page 13-1/2 Commissioner Branch stated that in view of the discussion this morning with the County Commissioners and prior discussion by members of the City Council, he would like to call for a motion to request the Council of Governments to submit a plan for the Oso Creek Development. Assistant City Manager Walker requested that the motion be made to the effect that the County and the City will have the option for input into the plan. Motion by Branch, seconded by Stark and passed, that the City of Corpus Christi and Nueces County present to Coastal Bend Council of Governments a request to submit a plan for the Oso Creek Development. • • Minutes Regular Council Meeting September 26, 1973 Page 14 the Traffic Engineering Department opposed the proposed zoning change due to the increase in traffic generated at this location. The Legal Department opposed the proposed change in zoning on the basis that such change constitutes illegal spot zoning. Senior Planner Larry Wenger pointed out the area on the plat, stating that there are two residential structures on the lots in the request; one of the structures contains a home business of a telephone answering service; the other is a residence; and stated that the property in the area is predominantly single family dwelling units. Mr. Wenger stated that if this application is approved, there is the possibility that other property owners in the area will request "AB" zoning, thus adding to the traffic problem. Commissioner Gonzalez pointed out that "AB" zoning exists across Everhart and question- ed Staff's recommendation that the request be denied in view of that zoning. Mr. David Bomba, applicant, spoke at this time, stating that nine years ago when he moved to that property, all of the area was residential, but in view of the "AB" zoning across the street, the area is no longer desirable as residential property. He stated his plans are to locate his answering service in one of the residences; he will occupy the other as his residence; and ample parking will be available. He stated that the property owner to the rear of his property has no objection to the "AB" zoning. No one spoke in opposition to the change of zoning. Motion by Lozano, seconded by Gonzalez and passed, that the hearing be closed. Motion by Gonzalez, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #873-1, David Bomba, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lots 1 and 2, Block 34, Windsor Park Unit 4, located on the southeast corner of Everhart Road and Janssen Drive, be approved, and an ordinance be brought forward effectuating the change. Assistant City Manager Walker presented Application #873-4, M. R. and R. C. Snapka, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lots 24, Block 5, Lexington Estates, located on the northwest corner of Moravian Drive and South Padre island Drive. The request was heard by the Planning Commission on August 21, 1973, and forwarded to the Council with the recommendation that it be approved as a logical use of the land. The Planning Staff recommended denial, stating that it was their opinion that the present • Minutes Regular Council Meeting September 26, 1973 Page 15 "8-1" zoning is adequate; however, if the zoning is approved, it is suggested that similar areas along Padre Island Drive also be zoned "B-4" due to the fact that approval will encourage other business zoning requests along this portion of the expressway. Senior Planner Larry Wenger indicated the property on the plat and stated that formerly located on the property was a drive-in type of eating establishment, the applicant plans to locate a used car lot on the property, and that Staff recommends denial since they believe the present zoning is adequate for the used car lot. Mr. Wenger also stated that Staff is preparing a study of the property on South Padre Island Drive from Kostoryz to Carroll Lane to present to the Planning Commission for the recommendation as to how this area should be zoned. Commissioner Gonzales inquired about the possibility of consumption of alcoholic beverages on the property. Mr. M. R. Snapka, one of the applicants, stated that he did have a beer license at one time in connection with his drive-in eating establishment, his license has Expired, and he has no plans for consumption of alcoholic beverages on the property. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Branch, seconded by Gonzalez and passed, that the hearing be closed. Motion by Stark, seconded by Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #873-4, M.R. & R.C. Snapka, for change of zoning from "B-1" Neighborhood Business District to "8-4" General Business District, on Lot 24, Block 5, Lexington Estates, located on the northwest corner of Moravian Drive and South Padre Island Drive, be approved with the stipulation that the ordinance will contain deed restric- tions prohibiting on -premise consumption of alcoholic beverages unless the establishment meets the requirements in regard to food establishments, and that an ordinance be presented to Council next week containing the deed restrictions. ORDINANCE NO. 11711 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 DAVID BOMBA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 34, WINDSOR PARK UNIT 4, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT, KEEPING IN EFFECT ALL OTHER PROVISIONS OF • • Minutes Regular Council Meeting September 26, 1973 Page 16 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: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. There being no further business to come before the Council, the meeting was adjourned at 4:00 p.m., September 26, 1973. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of September 5, 1973 to September 26, 1973, inclusive, and having beein previously approved by Council action, are by me hereby approved. City of Corpus Christi, Texas