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HomeMy WebLinkAboutMinutes City Council - 11/16/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 16, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall in the temporary absence of Mayor Jason Luby, who was enroute from an official business meeting in another city. The invocation was given by the Reverend Lowell 0. Ryan of the Oak Park United Methodist Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Diaz that Council Member Lozano be excused for just cause, seconded by Sample and passed unanimously. *Mayor Luby arrived at the meeting at 2:05 p.m. Motion by Diaz that the Minutes of the Regular Council Meeting of November 2, 1977 be approved as presented; seconded by Sample and passed by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay"; and Lozano, absent. Mayor Luby announced that a proclamation had been issued declaring the week of November 16-22, 1977 as "SOCCER WEEK". Mayor Luby announced Bid Openings on two projects. City Secretary Read verified that two bids had been received in his office prior to 2:00 p.m. on Drainage Improvements to Corpus Christi Beach, Contract II, and stated that they were properly sealed. He also informed the Council that no bids had been received on the project for the runway surface treatment and restrip- ing at Corpus Christi International Airport. City Manager R. Marvin Townsend asked Mr. James K. Lontos, Director of Engineering and Physical Development, to explain the two projects before opening MICROFILMED 'SEP 0 3 1906 Minutes Regular Council Meeting November 16, 1977 Page 2 the bids received on the Corpus Christi Beach Drainage Improvements, Contract II. Mr. Lontos explained that he was not sure why bids were not received on the runway improvements at International Airport, but stated that the project involved runway surface treatment and repainting -- two entirely different types of work -- and this might possibly have been the reason contractors did not bid the job. He stated that he would recommend that the project be divided so that these two items may be bid separately. In regard to the bid opening on the Corpus Christi Beach Drainage Improve- ments, Contract II, Mr. Lontos explained the scope of the project and stated that the base bid provides for the drainage to be routed to the ship channel, and the alternate provides for the drainage to be routed to Pearl Street. City Secretary Read opened the bids received and Mr. Lantos read the bids from the following companies: Heldenfels Brothers and W. T. Young Construc- tion Company. The proper bid security checks were received from both companies. Mayor Luby stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. City Manager Townsend announced the public hearing on the annexation of a portion of McKenzie Lane from McKenzie Road eastward approximately 2,200 feet, stating that the property on both sides is in the City; Castle River Subdivision and the Allison Wastewater Treatment Plant are on the north; and the 47.9 acre tract that was recently annexed on the south. Mr. Townsend pointed out the por- tion of the street involved on the map and stated that since all of the property around it is within the City limits, it seems reasonable to annex this portion of the street. Mayor Luby inquired if anyone in the audience desired to speak on this proposed annexation, and there was no response. Motion by Sample that the hearing be closed, seconded by de Ases and passed unanimously. f Minutes Regular Council Meeting November 16, 1977 Page 3 Motion by Diaz that the annexation of this portion of McKenzie Lane be approved, seconded by Gulley and passed unanimously. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that bids be received at 11:00 A.M., Tuesday, December 6, 1977, for one 10,000 gallon per minute high service water pump to be used at the Stevens Filter Plant. This will be the second purchase in a budgeted project to increase the pumping capacity of the plant from 72 to 88 million gallons per day. The plant has been producing at or near its current capacity during some summer months. b. Recommendation that 18,400 feet of various sizes of copper tubing (a 3 - month's supply) for the Water Division be purchased from Interstate Manufacturing & Supply Co., Minneapolis, on the basis of low bid of $12,005.40. Bids were received from 8 firms. Price comparison shows a decrease of approximately 207,. Bids were taken for only 3 months because the price of copper tubing fluctuates frequently. c. Recommendation that a contract be awarded for approximately 1,000 gallons of yellow and 2,000 gallons of fast -dry white traffic marking paint to SAN JACINTO PAINT MANUFACTURING CO., Houston, on the basis of low bid meeting specifications of $13,216.50. Price comparison reflects a .7% increase on the yellow paint and 16, on the white paint. Bids were received from four firms. Previously, paint bids were rejected and authority granted to revise the specifications to require fast -dry paint. This type dries in 15-20 minutes, as opposed to an hour for paint presently being used, and costs approximately 25-30c more per gallon. The City's striping machines have been modified to use this paint. d. Recommendation that plans and specifications for air conditioning improve- ments to the remainder of the north wing of the Corpus Christi Museum be approved and bids be received on Tuesday, December 6, 1977. This project includes installation of diffusers, return air conditioning grilles and other minor air conditioning modification work preparatory to opening additional exhibit space in the north wing. e. Recommendation that South Staples Water Main Improvements, Unit II, be awarded to Asphalt Paving and Construction Company for $609,989.25 subject to approval of the Economic Development Administration. The amount of hot - mix overlay must be substantially reduced to bring the project cost within the grant money available. To accomplish this revision, a change order is recommended increasing the price of hot -mix from $2.52 to $2.68 per square yard. The award provides for replacement of the water main and base repairs from Weber to Annapolis and a hot -mix overlay on South Staples Street from Weber to approximately Carroll Lane. An appropriation of $664,000 is requested for the contract and related expenses. f. Recommendation that an agreement be executed with Greenway Ventures, a partnership, developers of Greenway Gardens Subdivision, Unit 2, for City participation of 89,115.35 for one half the construction costs for street improvements around the subdivision's dedicated park. The subdivision is located off Rodd Field Road between Williams Drive and Holly Road. This item was withdrawn previously because a resident of Unit 1 contended that construction of Unit 2 was causing a drainage problem in his backyard. The developers of Unit 2 have agreed to dedicate a 10' drainage easement and install a 15" storm sewer to correct the problem. Minutes Regular Council Meeting November 16, 1977 Page 4 City Manager Townsend reminded the Council that this item was on the agenda a few weeks ago, at which time a resident of Greenway Gardens Subdivision, Unit 1, had appeared before the Council in regard to a drainage problem that had been created on his property following the development of Unit 2. Mr. Townsend stated that the developers of Unit 2 have agreed to correct this drainage problem and explained the developers' plan for doing so. g. Recommendation that Trinity Testing Laboratories, Inc., be retained to provide testing services on Casa Blanca, La Arboleda, and High Terrace Areas Street Improvements for $6,275. The testing will involve material quality control, and concrete and asphalt quality testing. Density of subgrade and base will be performed by the City, utilizing the recently purchased nuclear density machine. No additional appropriation is necessary. Construction of the project will begin during the week beginning November 20, 1977. h. Recommendation that the Gas Fund be reimbursed $29,411.71 for work done by Gas Division forces in September and October, in replacing gas lines in High Terrace and La Arboleda Subdivisions, a third year community development project. The replacement of old corroded 2 and 6 inch lines in these sub- divisions has been completed being replaced with new pipe. i. Recommendation that parking be prohibited at all times on the south side of Cooper's Alley from Water Street to N. Tancahua. Parking is already prohibited on the north side. The road was not designed for parking. The street did not have any room for safe parking prior to the new construction. The Traffic Safety Advisory Board so recommends. j• Recommendation that a contract be approved with the Texas Jazz Festival Society under which the City will pay the Society $5,000 in return for the Society providing a jazz festival, high school stage band competition and clinics, all free to the public, on July 8 and 9, 1978. The $5,000 is included in the Tourist and Convention Fund budget. k. Recommendation that a resolution be passed affirming the City Council's support of the crime prevention programs of local law enforcement agencies and urging the citizens to take advantage of these programs. Mrs. Bocock, active in the HANDS UP program, has asked that such a resolution be passed. 1. Recommendation that $25,000 be appropriated for materials and equipment required to construct approximately 100 additional temporary spaces for parking at Corpus Christi International Airport. The Street Division will perform the work. A temporary bridge will be constructed across the drainage ditch. The additional spaces will be constructed in the same manner as the spaces recently added. Most of the materials will be reused when the improvements authorized by the Nov. 8th election are constructed. Weekend demand during the last few weeks has indicated that additional spaces are needed to meet the Thanksgiving -Christmas demand. m. Recommendation that a hearing be held at 2 p.m. during the Regular Council Meeting on November 23, 1977 on the appeal of Mr. Roy M. Curry from the decision of the Planning Commission to require a 5' street dedication and the extension of an 8" water line concerning the preliminary plat of Lots 6A and 6B, Block 2, Sablatura Subdivision. The subdivision is located south of Leopard Street and west of Margie Drive. Minutes Regular Council Meeting November 16, 1977 Page 5 n. Recommendation that a landscape design or sculpture competition for en- hancement of the medians in Cooper's Alley street project be held. It is further recommended that the work be either of natural material or sculptured, the artist be required to submit a model or drawing of his proposal and the cost of the competition be $3,500 - $1,000 for the artist prize, $2,000 for materials and installation and $500 for compe- tition expenses including printing, mailings and judges honorariums. The entries would be judged by a jury of 3 named by the Council with the Municipal Arts Commission to submit nominees. The Municipal Arts Commission so recommends. In regard to Item "1", which recommends appropriation for materials and equipment required to construct 100 additional temporary spaces for parking at the International Airport, City Manager Townsend stated that as he had explained in the morning Workshop Meeting, work had already been started by the Street Division crews due to a misunderstanding of his instructions in order that the spaces would be available before the Thanksgiving and Christmas holidays. He explained that he had received reports from all of the airlines serving Corpus Christi estimating their parking needs for this season; and because of the urgency to complete the temporary spaces before the holidays, the work was started. Mr. Townsend assured the Council that the work can be stopped if they desire, indicating that the work should not have been started until Council approval had been received. Council Member Diaz pointed out that City Manager Townsend had made this statement previously, and the Council did not want the work stopped because they felt that the need is critical. Mayor Luby called for discussion from the Council on the City Manager's Reports. Council Member Sample inquired about the remaining reserve in the hotel - motel tax fund. City Manager Townsend stated that he does not have that figure but will find out the amount. (Later in the meeting, Mr. Townsend advised the Council that the reserve appropriation was $64,055.) Mayor Luby referred to Item "f" in regard to Greenway Gardens Subdivision, Unit 2, and noted that the resident of Unit 1 who had appeared before the Council in regard to the drainage problem that had been created on his property was in the audience and informed him that he would be allowed to speak on the matter. Minutes Regular Council Meeting November 16, 1977 Page 6 � Y Mayor Luby inquired about Item "h" which recommends that the Gas Fund be reimbursed for work done in High Terrace and La Arboleda Subdivisions and asked why it was funded by third year community development funds. City Manager Townsend explained that this involved utility work associated with the street improvements in that area which had been approved by the Council. In a discussion of Item "i", which recommends that parking be prohibited on Cooper's Alley, Mayor Luby asked if any of the property owners object to this. City Manager Townsend stated that the street had not had appreciable parking prior to the improvement of the street; because of the design of the street, there is not room for safe parking; and pointed out that the ordinance effecting this prohibition is on a three -reading basis which will provide an opportunity for the property owners to speak on the matter. Mayor Luby requested that the property owners on the street be informed that the ordinance is being considered, mentioning in particular the Childers brothers. City Manager Townsend stated that the owners who have existing busi- nesses on the street will be notified that the City proposes to prohibit parking on Cooper's Alley. Mayor Luby requested an explanation of Item "m", which recommends that a hearing be set to hear the appeal of Mr. Roy M. Curry from the decision of the Planning Commission. City Manager Townsend stated that the Platting Ordinance allows citizens to appeal to the Council, and this item recommends the date of November 23 for this hearing. Mayor Luby called for discussion from the audience on the City Manager's Reports. Mr. Toby Craddock, 7417 Whisper Wind, owner of Lot 4, Block 9, Greenway Gardens Subdivision, Unit 1, spoke at length on Item "f" concerning City partici- pation for one-half the construction costs for street improvements around Unit 2's dedicated park. Mr. Craddock alleged that the City staff had mishandled his request that this item not be placed on the agenda for today's meeting. He then related his Minutes Regular Council Meeting November 16, 1977 Page 7 experiences in contacting various members of the staff in the Engineering and Physical Development Department and the City Manager's Office. Mr. Craddock further stated that Urban Engineering had presented a pro- posal on what they were planning to do to correct the drainage problem that had been created on his lot by the development of Unit 2. He informed the Council that although Urban Engineering had prepared a plan for a 15 -inch storm sewer to be constructed to correct the drainage in his block, the developer had asked him to sign a document indicating that he would not complain any longer about the drainage. Mr. Craddock stated that he refused to do this. He stated that only one fence at the rear of his block had been removed, and he questioned whether or not the storm sewer line would be installed. He urged the Council not to approve the item on the agenda until the matter had been settled. He also questioned whether or not Greenway Ventures, the developer, was a legiti- mate company that actually existed. City Manager Townsend pointed out that the matter before the Council is for participation by the City for one-half of the construction costs for street improvements around the subdivision's dedicated park, stating that this is the usual procedure required when a subdivision park is dedicated. He fur- ther stated that the subdivision in question has been conditionally accepted by the Director of Engineering and Physical Development with the understanding that the storm sewer pipe will be installed. He informed Mr. Craddock that the prob- lem is now between him and the developer, emphasizing again that the subdivision is being accepted with the stipulation that the storm sewer be installed. To confirm this, Mr. Townsend quoted the following from a letter dated November 4, 1977 addressed to Urban Engineering and signed by Mr. James K. Lontos: "You may proceed in accordance with the sketch as soon as possible and we would provide interim acceptance of this subdivision with final and total acceptance of the subdivision to be made upon completion of the storm sewer." City Manager Townsend responded to Mr. Craddock's allegation that Green- way Ventures is not a recognized developer by stating that Mr. Roger J. Seaman, Jr., Minutes Regular Council Meeting November 16, 1977 Page 8 President of Candystick Corporation, is listed as a partner of Greenway Ventures, and Mr. Seaman definitely exists. Further discussion followed on this matter, and City Manager Townsend explained the situation that had caused the drainage problem in the block on which Mr. Craddock resides. Mayor Pro Tem de Ases pointed out that the City Manager's Report item deals with payment of one-half of the street improvements around the dedicated park in the subdivision and the matter being discussed is a separate problem. City Manager Townsend reiterated that because of the drainage problem in Unit 1, and since the same subdivider is involved in both Units, the City is requiring the developer of Unit 2 to put in a swale and storm sewer to correct the drainage problem before Unit 2 is finally accepted. Mr. Craddock requested the names and seal numbers of the engineers with the City be made available to him. Mayor Luby assured him that this information would be provided him by the staff. There being no further discussion on the City Manager's Reports, a motion was made by Sample that the City Manager's Reports, Items "a" through "n" be accepted; seconded by Diaz and passed by the following vote: Luby, de Ases, Diaz, Gill, and Sample voting "Aye" on all of the items; Gulley voting "Aye" on all of the items with the exception of Item "j", on which he voted "Nay"; Lozano, absent. Mayor Luby called for petitions or comments from the audience on matters not scheduled on the agenda and recognized Dr. Hans Suter. Dr. Suter, President of the Mayor's Committee on Corpus Christi Beach, spoke in regard to the drainage problem on Corpus Christi Beach and in particular the drainage improvements included in Contract II on which bids had been opened earlier in the meeting. Dr. Suter expressed the opinion that it would be prefer- able to award the contract so that the ship channel outfall would be constructed rather than the Pearl Street outfall. He pointed out that he felt that draining into Pearl Street would present a health problem and only $69,000 would be saved, Minutes Regular Council Meeting November 16, 1977 Page 9 in view of the bids that were received today. Dr. Suter stated that since this is a comparatively small amount as $3,000,000 has been spent on the beach restoration, he would recommend that the City award the contract specifying that the drainage be routed to the ship channel outfall. City Manager Townsend responded to Dr. Suter's remarks by pointing out that the staff feels that the drainage will be more efficient if it is routed to the Pearl Street outfall and emphasized that the cost is not the primary issue. Mr. Lontos confirmed that the staff feels that the most efficient system would be to drain to the Pearl Street outfall. He stated that this is the opinion from an engineering standpoint and that he could not speak on the environmental aspect of this drainage plan. Council Member Gill inquired of Dr. Suter if the Corpus Christi Beach Committee had discussed the use of the funds for improvements which were approved in the Bond Election. Dr. Suter stated that they had not but the Committee will conduct a meet- ing tonight at 8:30 p.m. in the Council Chamber and invited all of the Council Members to attend if they desired to do so. City Manager Townsend stated that the recommendation for award of bids on the Corpus Christi Beach Drainage, Contract II, will be on the agenda next week. Mr. Anthony Pletcherinquired if interested citizens would be able to review the staff recommendation before next Wednesday. City Manager Townsend informed him that he felt sure that the recommendation will be ready Wednesday morning, and if it is available sooner, the staff will be glad to call him. Speaking on another matter was Ms. Linda Dorsey, 1001 York, Chair Person of the Women's Political Caucus. Ms. Dorsey expressed concern that very few women have been appointed to City boards and committees. She stated that the Women's Political Caucus was especially concerned that Mrs. Virginia Hartsell had not been reappointed to the Civil Service Board and also expressed concern Minutes Regular Council Meeting November 16, 1977 Page 10 that more women are not appointed .to serve on the City Staff in administrative y 4 positions. Council Member Gulley pointed out that several women were considered for the appointment to the Civil Service Board and other committees and stated that several of the women considered were unable to serve. Mayor Luby stated that he had originally appointed Mrs. Hartsell to the Civil Service Board, and as far as he is concerned, she is still a member of that 'nerd. Ms. Dorsey stated that the Women's Political Caucus had unanimously endorsed the reappointment of Mrs. Hartsell. She also indicated that this organ- ization had previously requested a list of the members of the City Boards and Committees but had been unable to obtain the list. City Secretary Read stated that he was not aware of this request but assured Ms. Dorsey that such a list is available at any time from his office and he would be glad to provide this information for Ms. Dorsey. Mayor Luby announced the public hearings on four zoning cases. City Manager Townsend announced the public hearing on Application No. 1077-2, PJC Partnership, for change of zoning from "R -1B", One -Family Dwelling District, to "A-1", Apartment House District, on a portion of Lots 18 and 19, Block 13, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Williams Drive, approximately 600 feet east of Staples Street. Mr. Townsend stated that the Planning Commission recommends approval of this application, and the Planning Staff recommends that "R-2" zoning be approved which would provide a transition zone and reduce the density by 24 less dwelling units. He also informed the Council that a petition containing 57 signatures expressing opposition to this change of zoning had been received by the City. Chief Planner Larry Wenger located the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area. Minutes Regular Council Meeting November 16, 1977 Page 11 Speaking on behalf of the applicant was Mr. Bill Holland, Architect with Total Design Four. Mr. Holland stated that they are proposing to build 70 apart- ment units plus one manager's apartment; the structure will be one and two stories; they have complied with the parking requirements and all of the other requirements of the City; the apartments will be designed for family -type residents; the units will be well constructed; and the manager will reside on the premises. Mr. Holland further stated that the price of this land is $.85 per square foot, and the lesser density recommended by the Staff under "R-2" zoning would prohibit development because it would not be economically feasible to build with fewer units. He further stated that the site has been investigated and this type of development was recommended by the "Goals for Corpus Christi" report. Mr. Holland pointed out that schools and churches are in the area; the entrances shown on the site plan can be adjusted so that they will not block driveways of residents on Williams Drive. He also expressed the opinion that the apartments will not be objectionable when the green area is developed in front of the property. Mr. Holland urged approval of the "A-1" zoning because Corpus Christi needs more ade- quate housing, and the housing projects built by this company have been very good ones. City Manager Townsend responded to Mr. Holland's remarks by stating that property values should not be introduced for discussion when zoning changes are considered. Mayor Pro Tem de Ases inquired as to the number of units that could be built under the "R-2" zoning as opposed to the "A-1" zoning. Mr. Wenger informed him that 47 dwelling units could be constructed with "R-2" zoning, whereas, "A-1" would permit the construction of 71 units. Mr. Wenger also explained that this is a very dense area due to the many apartment projects and the small lot subdi- visions. Mayor Luby recognized Mr. Gene Peeples, member of the Planning Commission, stating that it is the usual practice to have one member of the Commission present Minutes Regular Council Meeting November 16, 1977 Page 12 when zoning cases are heard before the Council. Mr. Peeples stated that it was the opinion of the Commission that this property is not suitable for "R -1B" zoning; the apartments will be set back from the street; but expressed doubt that the developers could build the lesser number of units allowed under "R-2" zoning because of the economic factors. Council Member Gill referred to the mention of the cost of the land and asked if that is one of the factors that the Commission considers when they recommend certain zoning for approval. Mr. Peeples stated that he is concerned, not with land values, but with the number of units approved for it. Council Member Gill inquired if this is rezoned "A-1" and then others request "A-1" zoning in_the area, would there be a problem with providing ade- quate water and sewer lines. City Manager Townsend stated that the owner must bear the expense of additional water lines, and the sewer line down Williams Drive is already over- loaded. Mayor Pro Tem de Ases inquired if there are others in the audience who desired to speak in favor of this application. Mr. Joseph Hans, Architect, 929 Barracuda Place, speaking as President of the Parish Council of Our Lady of Perpetual Help Church, which is located in the vicinity of the tract of land being considered for rezoning, stated that this zoning application has created concern in this church. Mr. Hans informed the City Council that the Parish Council had met, and after much thought, had determined that "A-1" zoning usage is probably the best use of the land, but they would like to request the Council to approve this zoning with the stipula- tion that the green area be required. City Manager Townsend stated that the matter before the Council is for a change of zoning to "A-1", and if the zoning is approved, no conditions can be Minutes ' Regular Council Meeting November 16, 1977 Page 13 imposed by the City other than those required under "A-1" zoning. Mr. Townsend also explained that a sufficient number of property owners within 200 feet of the tract have expressed written objection to impose the 20% rule, which requires six votes of the Council to approve. Council Member Gulley inquired of Mr. Holland if the project will actually be constructed if the zoning change is approved, and Mr. Holland assured him that they will definitely build the apartments just as soon as the zoning is approved. Council Member Gill inquired if a special permit with the stipulation that the green area be planted would be acceptable to the applicant. Mr. Holland reiterated that they just want to build an apartment complex; that they had not considered a special permit; but they would accept this if it would not involve a delay. Council Member Sample stated that he does not feel that a special permit is necessary, since the developers have recommended a green area as a part of their plan. Council Member Gulley pointed out that sometimes developers do not build exactly as their plans indicate. Mr. Jim Boggs, Architect, who is an associate with Total Design Four, stated that several years ago when he was Chairman of the Municipal Arts Commis- sion, they had recommended that a landscape ordinance would be appropriate for the City to adopt. Council Member Gill indicated that she is very definitely interested in such an ordinance. Mayor Luby invited comments from those in the audience who are opposed to the change of zoning. Mr. Weldon Richardson, 1654 East Manor, speaking on behalf of the resi- dents who had signed the petition opposing the application, stated that the 57 signatures on the petition represent 40 of the residences in this area. He stated that when he purchased his residence 15 years ago, this property was zoned "R -1B", as was much of the surrounding area, but the zoning has been gradually changed. Minutes Regular Council Meeting November 16, 1977 Page 14 Mr. Richardson expressed the opinion that the Church is in favor of this zoning because the increase in the number of residents might result in greater church membership. He pointed out the heavy traffic volume that exists on Williams Drive at this time would be greatly increased if the apartment units are built. Mr. Richardson also stated that he felt that more lights, noise, etc., would be gener- ated by the apartments; the apartments would decrease the property value of the one -family dwellings in the area; and referred to the fact that at the Planning Commission hearing, only 5 members of the Commission were present, and the vote to approve was 3 to 2, which indicates that there might have been doubt among the Planning Commission members in regard to this application. Mr. Richardson stated that increasing the number of residents in the area would place a burden on the Blanche Moore Elementary School and present a problem for the children who walk down Williams Drive to get to school. He summarized by requesting that the "R -1B" zoning be retained because there are too many apartment complexes in the area now. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Gulley and passed unanimously. Motion by Gill that the "A-1" zoning be denied, but in lieu thereof a spe- cial permit be approved subject to the Council's approval of a site plan which includes the planting of a green area; seconded by de Ases. Council Member Sample asked if this would be acceptable to the applicant. Mr. Holland stated that this would be acceptable, and a site plan will be presented to the Council. He indicated that the Architects would like to have the flexibility of changing the location of the entrances so that they will not con- flict with existing driveways on Williams Drive. Mr. Richardson inquired if it would be possible to change the plan to eliminate the entrances and exits on Williams Drive. Council Member Gulley pointed out that Williams Drive is the only -street that borders on it. Mayor Luby called for the vote on the Motion by Council Member Gill, and the motion passed unanimously to grant a special permit, subject to the approval of a site plan. • 1INInutes Regular Council Meeting November 16, 1977 Page 15 City Manager Townsend announced the public hearing on Application No. 1077-3, Mr. Richard B. Dorn, for change of zoning from "A-1", Apartment House District, and "A-2", Apartment House District, to "AB", Professional Office Dis- trict, on Lots 1, 8 and the south 40' of Lot 7, Block 1, Doddridge Addition, and Lots 9 and 10, Block 4, Schatzel Tract, located between S. Tancahua and S. Carancahua Streets, approximately 150' south of Agnes. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval. He also informed the Council that in response to the notices of the public hearing which were mailed to affected property owners, five in favor were returned. Chief Planner Wenger located the area on the zoning and land use map; explained the land use in the surrounding area; and showed slides of the area. Mr. Wenger stated that the property now contains apartments, a single-family residence and a vacant area, and the owner plans to renovate the buildings as they become vacant and convert them into professional offices. No one spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by de Ases and passed unanimously. Motion by de Ases that the recommendation of the Planning Commission and the Planning Staff be accepted and the zoning be changed to "AB"; seconded by Diaz, and passed unanimously. * * * * * * City Manager Townsend announced the public hearing on Application No. 1677-4, Mr. Kenneth Gunderland, for change of zoning from "R -1B", One -Family ✓welling District, to "B-1", Neighborhood Business District, on Lots 8, 9 and 10, Share 3-A, Kaler Partition, located at the northeast corner of Kaler and Rackley Drives. Mr. Townsend informed the Council that the Planning Commission recommends that the "B-1" zoning be denied, but in lieu thereof, a special permit be approved for an employee parking lot; and the Planning Staff recommends denial. City Manager Townsend reminded the Council that this application has been before the Council several months ago. He also stated that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; explained the land use in the surrounding area; reviewed the request that was Minutes Regular Council Meeting November 16, 1977 Page 16 heard previously, stating that at that time, the Council had denied the zoning. No one spoke in opposition to the zoning application. Motion by Sample that the hearing be closed; seconded by Diaz. City Manager Townsend pointed out that since the Planning Commission recommends denial, it will require 5 votes to approve the "B-1" zoning. Mr. James Plank, speaking on behalf of the applicant, emphasized to the Council that this is for a parking lot only; no additional traffic will be gener- ated; this is an industrial area primarily; and there will be a screening fence adjacent to the parking lot. Council Member Gulley made the observation that the special permit will apply to the entire area. Mr. Wenger pointed out that the site will have to remain just as it is if a special permit is approved. Mayor Luby called for the vote on Council Member Sample's motion to close the hearing, and the motion passed unanimously. Motion by de Ases that the recommendation of the Planning Commission be accepted and the "B-1" zoning be denied, but in lieu thereof a Special Permit be approved for an employee parking lot according to the site plan presented; seconded by Diaz; and passed unanimously. * * * * * * City Manager Townsend announced the public hearing on Application No. 1077-5, City of Corpus Christi, for change of zoning from "B-4", General Business District, to "B-3", Business District, on a portion of Lot 1, Section 12, and a portion of Lot 7, Section 11, Bohemian Colony Lands, located at the southeast corner of Weber Road and Saratoga Boulevard. Mr. Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recom- mends approval because this is an attempt on the part of the City to rectify problems with residential development in noise zones around airfields. He stated that in response to the notices of the public hearing, two in favor and one in opposition had been returned. Minutes Regular Council Meeting November 16, 1977 Page 17 Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area; showed slides of the area; and stated that the purpose of the change of zoning is to restrict residential development on these two tracts. No one spoke in opposition to this application. Motion by de Ases that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Gulley that the zoning be changed from "B-4" to "B-3"; seconded by Diaz; and passed unanimously. * * * * * * Mr. Peeples stated that he would like to respond to the statement that economics should not have anything to do with approval of change of zoning. Mr. Peeples pointed out that the Planning Commission is sometimes concerned about economics when recommending approval of certain zoning, especially in hardship cases. He suggested that both the Planning Commission and the Council do concern themselves with economics when considering zoning cases. City Manager Townsend stated that there is a difference between a hardship case in which economics must be considered and a case which offers someone the opportunity to profit from some venture if the zoning is changed. He pointed out that during the public hearing on the first case today, statements regarding the - value of land were made, which were a gross example of this. Mr. Townsend further stated that the question of zoning should be considered only as to whether or not it would be the proper zoning for a particular area. Council Member Gulley expressed the opinion that he did not feel that the applicant was asking that the Council consider changing the zoning primarily on the basis of whether or not he could make money. Mr. Gulley stated that he agreed that the Council should base their approval on whether or not it would be good zoning. Mayor Luby stated that each case should be considered on its own merit. City Manager Townsend briefly described the ordinances to be considered. City Secretary Read polled the Council for their votes, and the following ordinances were approved: Minutes Regular Council Meeting November 16, 1977 Page 18 FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY DELETING THE FOLLOWING STREETS: (1) COOPER STREET, NORTH SIDE, BETWEEN WATER AND MESQUITE STREETS, AND (2) KENNEDY STREET, NORTH SIDE, BETWEEN SOUTH UPPER BROADWAY AND TANCAHUA STREET, AND BY ADDING THERETO AN ITEM, COOPERS ALLEY, WHICH WILL PROHIBIT PARKING AT ALL TIMES ON BOTH SIDES OF COOPERS ALLEY, FROM NORTH TANCAHUA STREET TO WATER STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. THIRD READING - ORDINANCE NO. 14033: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR AN EXTENSION AND AMENDMENT FORA TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID INDEPENDENT SCHOOL DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5582, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. THIRD READING - ORDINANCE NO. 14034: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FORA TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED BY ORDINANCE NO. 12342; ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. THIRD READING - ORDINANCE NO. 14035: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SAND AND SEA RESORT HOTEL FOR A FIVE-YEAR TERM FOR THE PURPOSE OF LEASING TO SAID HOTEL A PORTION OF AUBREY STREET, BETWEEN NORTH SHORELINE DRIVE AND WATER STREET, FOR PARKING PURPOSES, ALL AS MORE FULLY SET FORTH IN THE SAID LEASE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14036: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION COMPANY (APCCO) FOR REPIACEMENT OF THE SOUTH STAPLES WATER LINE (E.D.A. PROJECT NO. 08-51-21019); AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT PROVIDING FOR AN INCREASE IN THE UNIT PRICE OF THE HOT -MIX OVERLAY, SUBJECT TO CONCURRENCE FROM THE UNITED STATES DEPARTMENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION; APPRO- PRIATING $664,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4721, CODE 502, PUBLIC WORKS IMPROVEMENTS, OF WHICH $609,989.25 IS FOR THE CONSTRUCTION CONTRACT, $4,106 IS FOR CHANGE ORDER NO. 1, AND $49,904.75 IS FOR ADDITIONAL ENGINEERING, LABOR- ATORY TESTING, LEGAL ADVERTISING, AND INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. Minutes Regular Council Meeting November 16, 1977 Page 19 ORDINANCE NO. 14037: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GREENWAY VENTURES, A PARTNERSHIP, DEVELOPERS OF GREENWAY GARDENS, UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF.OF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK ABUTTING SILVER SANDS DRIVE AND DAWN BREEZE DRIVE IN GREENWAY GARDENS, UNIT 2, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $9,115.35 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO. 220-72-49; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14038: APPROPRIATING OUT OF NO. 162 FEDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT ACTIVITY 4736, CODE 502, THE SUM OF $29,411.71 TO REIMBURSE THE NO. 106 GAS REVENUE FUND, ACTIVITY 5231, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED DURING SEPTEMBER AND OCTOBER, 1977, APPLICABLE TO HIGH TERRACE AND LA ARBOLEDA SUBDIVISIONS AS ALLOCATED IN THE 3RD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITY IMPROVEMENTS AND RELOCATIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. RESOLUTION NO. 14039: RESOLUTION URGING LOCAL CITIZENS TO BECOME INVOLVED IN AND AVAIL THEMSELVES OF CRIME PREVENTION PROGRAMS OFFERED BY LOCAL LAW ENFORCEMENT AGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14040: APPROPRIATING $25,000 OUT OF THE AIRPORT BOND FUND FOR CALICHE AND ASPHALT TO PROVIDE AN ADDITIONAL 100 PARKING SPACES AT THE REAR OF THE EXISTING PARKING LOT AT THE INTERNATIONAL AIRPORT, APPLICABLE TO PROJECT NO. 245-68-27.1, AIRPORT PARKING LOT EXPANSION, LOT B; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14041: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS JAZZ FESTIVAL SOCIETY FOR PRESENTATION OF A FREE JAZZ FESTIVAL, A STAGE BAND COMPETITION AND FREE BAND CLINICS ON JULY 8 AND JULY 9, 1978, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill and Sample voting "Aye"; Gulley voting "Nay"; Lozano, absent. ORDINANCE NO. 14042: 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 SEIl, 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 RICHARD B. DORN, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 8 AND A PORTION OF LOT 7, BLOCK 1, DODDRIDGE ADDITION, & LOTS 9 & 10, BLOCK 4, SCHATZEL TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FRCN "A-1" APARTMENT HOUSE DISTRICT & "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 16, 1977 Page 20 The Charter Rule was suspended and the foregoing ordinance wa's passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14043: 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 SEA, 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 KENNETH GUNDERLAND, BY GRANTING A SPECIAL PERMIT FOR AN EMPLOYEE PARKING LOT, ACCORDING TQ THE SITE PIAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOTS 8, 9, AND 10, SHARE 3-A, KALER PARTITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 14044: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD TN VOLUME 9, PAGES 565, ET SEA, 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A TRACT OF LAND OUT OF LOT 1, SECTION 12, BOHEMIAN COLONY LANDS, AND A PORTION QF LOT 7 SECTION 11 'BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-4" GENERAL BUSINESS DISTRICT TO "B-3" BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; '{2EPEALING 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, de Ases, Diaz, (rill, Gulley and Sample voting "Aye"; Lozano, absent. Council Member Diaz displayed a plaque that was presented to Council Member Sample for Meritorious Service. Mayor Luby inquired if anyone else in the audience wished to speak on any matter that was not on the agenda. Mrs. Ana Maria Del Rosario, 200 Mohawk, spoke in Spanish in regard to the Mexican Unity Council Building on Morgan Avenue. Mrs. Del Rosario stated that the occupancy permit for this building has been delayed 8 or 9 months. City Manager Townsend explained that the public hearing in regard to this matter has been set by the Board of Adjustment 5 times, but the hearings have been deferred at the request of the applicant., and until the hearing is held, nothing can be done. He stated that he had advised Mr. Bill Hennings that this is unfair to the other people in the neighborhood, because they have to make arrangements Minutes Regular Council Meeting November 16, 1977 Page 21 to attend the hearing, and when they arrive, the hearing is deferred on request of the applicant. Mr. Townsend further informed the Council that the Certificate of Occupancy involves the waiving of parking facilities, and there is active opposi- tion from the residents in the area. Mrs. Del Rosario stated that she is not the one who asked that the hearing be postponed., Council Member Diaz informed Mrs. Del Rosario that it is necessary to hold a hearing before the Board of Adjustment, and until this is done, the Council cannot do anything. ; Mayor Luby explained to Mrs. Del Rosario in Spanish that the Board of Adjustment will set the hearing date and she will be advised and reiterated•that the hearing must be held. There being no further business to come before the Council, on motion by Gill, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 5:30 p.m. November 16, 1977.