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HomeMy WebLinkAboutMinutes City Council - 11/23/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 23, 1977 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: *David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of City Hall. Ir The invocation was given by Major A. C. Ross of the Salvation Army. • - "City Secretary Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Sample that the Minutes of the Regular Council Meeting of November 9, 1977 be approved as presented; seconded by Lozano and passed by the following vote: de Ases, Gill, Gulley, -Lozano and Sample voting "Aye"; Luby voting "Nay"; Diaz, absent at the time the vote was taken. Mayor Luby presented 30 -year pins to the following City employees: EMPLOYEE DEPARTMENT POSITION 1. Mr. B. P. Ledbetter Gas Gas Superintendent 2. Mr. Wayne Brock Gas Gas System General Foreman 3. Mr. Hank Burton Fire Fire Captain 4. Mr. A. T. Wolfe Fire Fire Captain Mayor Luby announced the public hearing on the text amendment to Article 31 of the Zoning Ordinance. City Manager Townsend explained that the purpose of the text amendment is to prezone an 8.173 acre tract of land east of Suntide Road between I.H. 37 and Up River Road "I-3" Heavy Industrial District prior to annexation. He stated that the owners of the tract, Lantana Corporation, have requested the zoning and an ordinance has been passed authorizing the execution of a contract with the owners for annexation. City Manager Townsend presented the Council with copies of the minutes MICROFILMED OUP 03 ?P8 Minutes Regular Council Meeting November 23, 1977 Page 2 of the Planning Commission meeting conducted the previous evening and stated that the Planning Commission and the Planning Staff both recommend that the tract be zoned "I-3". Mr. Townsend also informed the Council that at the Planning Commis- sion hearing, no one spoke in opposition to this text amendment. No one spoke in opposition to this text amendment during this public hearing. Motion by Lozano that the hearing be closed, seconded by Sample and passed unanimously. Motion by Gulley that the text amendment to Article 31 of the Zoning Ordi- nance to prezone an 8.173 acre tract of land east of Suntide Road between I. H. 37 and Up River Road "I-3" be approved; seconded by Lozano and passed unanimously. Mayor Luby announced the public hearing 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 68, Block 2, Sablatura Subdivision, located south of Leopard Street and west of Margie Drive. City Manager Townsend explained that this involves an appeal of the deci- sion of the Planning Commission made on October -11, 1977; citizens have the right to appeal to the City Council; and that is the reason for the public hear- ing on the appeal. He also informed the Council that at the hearing before the Commission, the water superintendent presented facts in regard to the water requirement for the installation of an 8 -inch water line, and the platting ordi- nance requires 50 -foot streets in residential areas, whereas this property is located on a 40 -foot street. Mr. Douglas Matthews, Director of Public Utilities, further explained the water line requirement, stating that since this property is being replatted, it is necessary for the developer to bring an 8 -inch water line down Leopard Street. He also stated that there is presently a 6 -inch water line on Margie Street, which was the requirement at the time this subdivision was platted, but since this pro- perty is commercially zoned, the 8 -inch line is required now. Minutes Regular Council Meeting November 23, 1977 Page 3 Mr. Ludwig Sablatura, 11318 Margie Drive, spoke on this matter and ques- tioned the need for Mr. Curry to dedicate 5 feet of street since all of the sub- division has 40 -foot streets. Mr. Larry Wenger, Chief Planner, explained that the minimum requirement for streets in all subdivisions is 50 feet and commercial property requires 60 feet. Mr. Sablatura pointed out that there are a number of trees on Margie Drive; the streets were laid out in 40 -foot widths when the subdivision was developed; and the residents are happy with the streets. City Manager Townsend stated that the subdivision was developed prior to annexation, and the only reason that the 50 -foot street is required at this time is because the property in question is being replatted. He further explained that since it is being replatted, the requirements of the Platting Ordinance must be adhered to. Mrs. Curry, the applicant, spoke at this time and explained that she desired to divide this lot into two separate lots to separate her residential lot from the business zoning that is required for the business that is located on a portion of the lot. She stated that she wanted to'sell the business -zoned lot if possible, but she is not financially able to construct the 8 -inch water line. She also objected to the requirement that 5 feet be dedicated for street right-of-way since this would greatly reduce the size of her 80 -foot deep lot, which would make it more difficult to sell. *Council Member David Diaz arrived at the meeting at 2:40 p.m. City Manager Townsend pointed out that this lot is zoned "B-4", and if it had not been zoned "B-4", the Planning Commission might have considered waiving the 5 -foot street dedication requirement. Mrs. Curry informed the Council that the Planning Commission members had told her that they did not have the authority to waive the requirement, but sug- gested that the City Council could do so if they desired. City Manager Townsend inquired of Mrs. Curry if the owner of the property located behind this property has any plans for anything other than a residence, 1 Minutes Regular Council Meeting November 23, 1977 Page 4 and Mrs. Curry stated that she had discussed this with the owner and had ascertained that she will continue to live there. Council Member Gulley mentioned the possibility of changing the zoning on the residential portion of the lot from "B-4" to "R -1B", and Mrs. Curry stated that if the City will waive the street dedication and water line requirements, she would be willing to have the City rezone the property where the two residences are located. City Manager Townsend stated that he sees no problem with waiving the requirement if it is residential property, and this seems to be a hardship case on which such an exception might be considered. Further discussion followed on the cost of the water line, and Council Member Sample made the observation that the cost estimate of the 8 -inch water line would be approximately $1,000 and that it does not seem fair to require Mr. and Mrs. Curry to pay for this. City Manager Townsend agreed that it may not seem fair, but when a new lot is created, this is the requirement of the platting ordinance. Motion by Gulley that the hearing be closed, seconded by Lozano and passed unanimously. Motion by Gulley that the street dedication requirement be waived but that the appeal as it concerns the water line requirement be denied; seconded by Gill. Council Member Gill stated that she is in favor of this motion if the property is zoned "R -1B", but indicated that she felt that the City should initiate the change of zoning on the portion of the property that is being used for resi- dential purposes. City Manager Townsend indicated that this could be done. Mayor Luby called for the vote on the motion by Council Member Gulley, and it passed unanimously. City Manager Townsend stated that this would not be final until the plat is signed, explaining that there has to be a public hearing on the change of zon- ing, and the other resident involved might object. He then requested that Mr. Wenger explain the process to Mr. and Mrs. Curry. Minutes Regular Council Meeting November 23, 1977 Page 5 Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on December 14, 1977 on the following zoning applications: (1) Mr. Eric J. Brister: "R -1B" to "A-2", located on the north side of Johanna Street, approximately 700 feet east of Ayers Street. (2) Mr. Harold 0. Lund: "R -1B" to "R-2", located on the south side of Carmel Parkway, approximately 200 feet west of South Alameda Street. (3) Mr. W. 0. Poldrack: "I-2" to "I-3", located on the east side of Ayers Street, approximately 2,300 feet south of Holly Road. (4) City of Corpus Christi: "B-1" to "R -1B", located on the west side of Eisenhower Street, approximately 55 feet south of Dunbar Street, (5) Mr. Tim Clower, et al: "F -R" to: Tract 1 to "B-4"; Tract 2 to "A-2"; Tract 3 to "B-4"; Tract 4 to "AB"; Tract 5 to "R-2"; Tract 6 to "B-4"; Tract 7 to "A-1"; Tract 8 to "A-2"; Tract 9 to"R-2"; Tract 10 to "R -1B", located on the west side of Airline between Holly and Wooldridge Roads. b. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on December 14, 1977 on a request to close an alley between Lot 16, Block 3 and Lots 1 & 2, Block 4, Riverside Park Addition generally located south of Up River Road and west of Crystal Lane. c. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on November 30, 1977 to amend the Sanitary Sewer Master Plan so that approximately 15 acres at the corner of McKenzie Lane and McKinzie Road can be served by a line along the Nueces River to the main to the Allison Treatment Plant. The property owners will construct the line connecting to the line along the River. The property involved is a portion of the 47.939 acre tract recently annexed. d. Recommendation that bids be received at 11:00 A.M., Tuesday, December 13, 1977 for truck and automotive repair and maintenance items for 6 months from January through June, 1978 for use by Maintenance Services, the Transit System and the Fire Department. e. Recommendation that traffic control equipment including 31 eight -inch traffic signals, 22 twelve -inch signals and 5 sets of school speed limit flashers be purchased from SIGNAL ENGINEERING COMPANY, Corpus Christi, on the basis of low bid of $8,172,51. Bids were received from three firma. Price comparison reflects an increase of 12.6% on the traffic signals and 4% on the school speed limit flashers. The signal equipment will be used to replace corroded signals at Ayers and Ocean Drive with polycarbonate signals and obsolete four way signals at 18 intersections with one way signals to increase safety and driver observance, f. Recommendation that a "change order" for $7,089 be issued to Duncan Industries, Dallas for 28 double and 24 single parking meters with 2 hour maximum time limit and 20 single parking meters with 10 hour maximum time limit. This is the second and last purchase in a program to replace obsolete one hour meters in the Central Business District and on a small portion of South Staples Street near Six Points with two hour meters. The first purchase was approved on October 26, 1977. It is recommended that a change order be issued rather than new bids be received because Duncan has announced a 10% price increase effective December 1. The other bid received on the first purchase did not meet specifications. The 10 hour meters will be used to replace those damaged during operation or out of service for repair. Minutes Regular Council Meeting November 23, 1977 Page 6 g. Recommendation that -bid award for 1,074 dark blue uniform trousers, 989 medium blue shirts and 85 white shirts for the Fire Department be made to KAUFMAN, INC., San Antonio, on the basis ofhlow bid meeting specifications of $27,709.20, The apparent low bid of $27,011.10 submitted by Donovan Uniform Company of Dallas did not meet various specifications. The bid of $12,351 by Sears Contract Sales of Corpus Christi is an incomplete bid since only trousers were bid. The specifications called for award on an all or none basis. Also, the trousers bid did not meet specifications. Bids were received from 6 firms. Price comparison shows an increase of 30,3% over the uniforms purchased two years ago. h. Recommendation that 726 firemen jumpsuits be purchased from Famous Department Store, Corpus Christi, on the basis of low bid meeting specifications of $11,616. The apparent low bids of $9,619.50, $9,982.50 and $11,572.44 submitted by the H. D. Lee Company, Inc. of Shawnee Mission, Kansas, Sears Contract Sales of Corpus Christi and Fire Fox Corporation of New Braunfels did not meet various specifications. It is recommended that the requirement that a sample be furnished prior to bid opening be waived. Famous Department Store did not furnish a sample until after the bid opening because it did not arrive from the factory. The bid of Famous Department Store is $1,560.90 lower than the second low bid meeting specifications. Bids were received from 6 firms. Price comparison shows a decrease of 14%. i. Recommendation that 17 used video display terminals be sold to CENTRAL POWER & LIGHT COMPANY, Corpus Christi on the basis of only bid received of $30,600. The City is lease -purchasing the terminals from IBM and has accrued 50% of the original cost. It is recommended that the remaining value of the terminals ,($25,440) be purchased from IBM. The purchase and resale will result in a net gain of $5,160. The terminals are no longer needed. Design changes in information systems on the computer require larger screen terminals. Recommendation that the speed limit on Leopard Street, from 220 feet west of Hereford Road to 300 feet west of Corn Products Road be reduced from 50 mph to 45 mph. Increases in commercial activity along this portion of Leopard Street have resulted in a higher frequency of rear -end collisions. The Traffic Safety Advisory Board so recommends, k. Recommendation that a permit be granted to Centura, Inc. to drill a directional well from a regular surface location in State Tract 46, Laguna Madre. The surface location is approximately 7000 ft. seaward of Laguna Shores Drive and two miles south of the John F. Kennedy Causeway. All provisions of the Bay Drilling Ordinance have been met. 1. Recommendation that two amendments to the Nueces County Mental Health and Mental Retardation budget be approved increasing it from $3,727,927 to $3,739,015. The first amendment is $6,000 for a contract with the Crisis Intervention Service to provide 24-hour crisis telephone service and training of telephone volunteers. The second amendment will provide two Case Workers I positions to handle transfer of clients between the State School and the Community Center. It is estimated that the case workers will be able to process an additional 85 clients during the current fiscal year. The State Department of Human Resources will provide 75% of the $20,352 for the two positions with'MH-MR providing the remaining 25% or $5,088. j• m. Recommendation that the contract for Theater Lighting Equipment be awarded to Pran International for $234,280. The contract is based on the follow- ing: (1) Bid for dimmers Add 32 dimmer channels (for a total of 112) Add 83 dimmer modules (for a total of 256) (2) Partial complement of lights (3) Monitor/Page recall system TOTAL: $140,000 9,000 13,280 40,000 32,000 $234,280 Regular Council Meeting November 23, 1977 Page 7 The second and third parts of Item (1) are added to the base proposal from the contractor to obtain the desired number of dimmer channels and dimmer modules. An appropriation of $255,000 is requested to cover contract award plus architects' fees and related expenses. Electrical installation will be accomplished by change order with the building contractor or by separate contract. Bids on the project were received October 27, 1977. n. Recommendation that Ordinance 13903 closing a portion of Corona Drive be y^ amended to include a dedicated tract of public street inadvertently omitted. When Ordinance 13903 was passed on August 24, 1977 closing a portion of Corona Drive, an adjacent portion intended to be closed was not included. The public hearing and the discussions included both tracts. o. Recommendation that Ingleside Point (Hogg Island) not be required to meet the well clustering requirements of the Bay Drilling Section of the City Code. The Bay Drilling Committee unanimously recommends that this aiendment be approved and the condition that no well be drilled within 100 feet of the shoreline be maintained. In a discussion of Item "m" in regard to the theater lighting equipment, City Manager Townsend explained that four bids were received on this project; two of them were eliminated from consideration; the staff recommends that the contract be awarded to the low bidder; delivery time for the lighting equipment is 60 days; and the project will require 90 to 120 days for completion of installation. He also informed the Council that the consultant recommended that the contract be awarded to the second low bidder, but the staff has recommended bid award to Pran International, the low bidder. Mr. Jim Ratcliff, Architect with SHWC, explained the different'requirements for lighting that were in the specifications which allowed the bidders to submit an alternative system if they thought some savings could be made. He informed the Council that the low bidder did submit a plan for an alternate system, which the lighting consultant felt was inadequate in regard to the number of channels. Mr. Ratcliff expressed the opinion that they did not feel that the lighting equipment would be adequate for opera but stated that the dimmers could be ordered later. Mr. Harold Peterson, Convention Center Manager, informed the Council that he had contacted a number of other cities in regard to their lighting equipment, and they had informed him that the lesser equipment is suitable for nearly all types of performances and the more sophisticated equipment is seldom used. City Manager Townsend stated that the City staff has checked with a number of sources and feel that the low bidder's equipment is quite adequate. Mr. Minutes Regular Council Meeting November 23, 1977 Page S Peterson further explained to the Council that additional equipment that might be required for opera could be rented and used with the system that is recommended. There was no further discussion from the Council or members of the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "o" be accepted as presented; seconded by de Ases and passed unanimously. Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances to be considered. There was no discussion from the Council or the members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING THE PRESENT PROVISIONS UNDER LEOPARD STREET (S. H. 9), AND IN LIEU THEREOF ADOPTING NEW PROVISIONS FOR SPEED LIMITS ON LEOPARD STREET AS HEREIN- AFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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, Lozano and Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 35-272 SO AS TO ELIMINATE THE CLUSTER REQUIREMENT FOR THE DRILLING OF WELLS WITH A SURFACE LOCATION ON HOGG ISLAND, SUCH SURFACE LOCATION TO BE NOT LESS THAN 100 FEET FROM THE SHORELINE OF THE ISLAND; PROVIDING FOR SEVERABILITY. 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, Lozano and Sample voting "Aye". SECOND 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 second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14045: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL FORA PERIOD OF 5 YEARS, LEASING TO THE SAID OSO LITTLE MISSES KICKBALL A 4.23 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A LITTLE MISSES KICKBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARRED EXHIBIT "A", AND MADE A PART HEREOF. Minutes Regular Council Meeting November 23, 1977 Page 9 The foregoing ordinance was read for the third time and passed finally by the following vote: -Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14046: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NATIONAL LITTLE LEAGUE FOR A PERIOD OF FIVE YEARS, LEASING TO SAID NATIONAL LITTLE LEAGUE A 4.35 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A 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, Lozano and Sample voting "Aye". ORDINANCE pro. 14047: AMENDING THE 1977-78 FISCAL YEAR BUDGET OF FUND 133, DATA PROCESSING FUND, FOR UNANTICIPATED REVENUE OF $30,600, APPROPRIATING $25,440 FOR THE PURCHASE OF VARIOUS DATA PROCESSING EQUIPMENT, AUTHORIZING THE PURCHASE OF DATA PROCESSING EQUIPMENT AND AUTRORIZING TRE SALE OF DATA PROCESSING EQUIPMENT; 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, Lozano and Sample voting "Aye". ORDINANCE NO. 14048: ANNEXING THAT PORTION OF SUNTIDE (VIOLA) ROAD RIGHT OF WAY LYING BETWEEN THE NORTH- EASTERLY RIGHT OF WAY LINE OF I.H. 37 DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2 (c), PROVIDING FOR THE ANNEXATION TO THE CITY OF CORPUS CHRISTI OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; 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, Lozano and Sample voting "Aye". ORDINANCE NO. 14049: 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.19, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND, WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS 8.173 ACRES, MORE OR LESS, BEING OUT OF LOT 38 OF THE H.B. SHEPPARD FARM LOTS, AND BEING A PART OF STATE SURVEY 311, ABSTRACT 816, NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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. Lozano and Sample voting "Aye". ORDINANCE NO. 14050: RATIFYING AND CONFIRMING THE ANNEXATION OF A 8.173 -ACRE TRACT OF LAND OUT OF STATE SURVEY NO. 311, ABSTRACT 816, NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; 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, Lozano and Sample voting "Aye". Minutes Regular Council Meeting November 23, 1977 Page 10 ORDINANCE NO. 14051: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PRAN LIGHTING INTERNATIONAL IN TBE AMOUNT OF $234,280 FOR LIGHTING AND DIMMING EQUIPMENT FOR THE CORPUS CHRISTI COMMUNITY AUDITORIUM; APPROPRIATING A TOTAL OF $255,000 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND, OF WHICH $234,280 IS FOR LIGHTING EQUIPMENT, $14,056.80 IS FOR ARCHITECTURAL FEES AND $6,663.20 IS FOR 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, Lozano and Sample voting "Aye". ORDINANCE NO. 14052: AMENDING ORDINANCE NO. 13903, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 24, 1977, PERTAINING TO THE CLOSING OF A PORTION OF CORONA DRIVE, LOCATED GENERALLY BETWEEN EVERHART ROAD AND EMBASSY DRIVE, AND PADRE ISLAND DRIVE AND STONEGATE, BY ADDING TO SUCH CLOSURE A TRACT KNOWN AS TRACT 2, BEING INADVERTENTLY OMITTED FROM SAID ORDINANCE NO. 13903; FURTHER AMENDING SAID ORDINANCE BY DELETING THEREFROM THE THREE CONDITIONS SET OUT FOR COMPLIANCE BY THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance -was passed by the following vote: Luby, de Asea, Diaz, G111, Gulley, Lozano and Sample voting "Aye". City Manager Townsend presented the Council with copies of committee reports and resolutions to be considered at the National League of Cities meeting to be held in San Francisco in December. He explained that the City of Corpus Christi will be allowed to cast six votes on the resolutions at the meeting, but one member will cast all of the votes. Mayor Luby explained to the audience that the members of the City Council will attend the National League of Cities meeting and there will be no Council meeting on December 7, 1977. Mayor Luby announced the public hearings on two zoning applications. - City Manager Townsend announced the public hearing on Application No. 977-5, Mr. Rosendo Ramirez, for change of zoning from "R -1B", One -Family Dwell- ing District, to "B-1", Neighborhood Business District, on Lots 3, 4 and 5, Block G, Los Palmas Subdivision, located on the south side of Frio Street approximately 100' west of Greenwood Drive. Mr. Townsend informed the Council that the Planning Commission recommends denial but in lieu thereof a Special Permit be approved subject to the approved site plan with a waiver of the standard screening fence between Lots 2 and 3 along the rear adjacent to Lots 40, 41 and 42, with the specification that in the future if those lots are developed with single-family dwellings, a fence will be con- LaS strutted. He .also stated that the Planning Staff recommends denial. He advised lutes _gular Council Meeting November 23, 1977 Page 11 the Council that in response to the notices of the public hearing, 1 in favor and 2 in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and explained that this property contained a business that is non -conforming to the zoning since it was in existence prior to annexation. The applicant, Mr. Rosendo Ramirez, 1506 Frio Street, addressed the Council and stated that he had purchased this property before it was annexed to the City; he operates a barber shop and pool hall, in which beer is sold; he has purchased an additional lot in the area; and he desires to enlarge the existing building to operate a restaurant and construct a parking lot for 20 parking spaces. Mr. Ramirez informed the Council that he will retain the barber shop and pool hall in addition to the proposed restaurant. Mayor Pro Tem de Ases referred to one letter in opposition to this zoning change in which the writer referred to the noise and disturbance that occurred at the pool hall and inquired of Mr. Ramirez if he would attempt to emphasize the restaurant rather than just conducting the sale of beer. Mr. Ramirez stated that was his intention. No one spoke in opposition to this application. Motion by de Ases that the hearing be closed, seconded by Lozano. Mr. Noe Mendez, member of the Planning Commission who was present for the hearings on the zoning applications, informed the Council that the Planning Commission had voted unanimously to deny the change of zoning but to grant a Special Permit in lieu thereof with certain stipulations. He stated that he understood that beer would be sold but the restaurant would be emphasized rather than the lounge that now exists. Mayor Luby called for the vote on the motion to close the hearing and it passed unanimously. Motion by Lozano that the recommendation of the Planning Commission be approved and the request for "B-1" zoning be denied, but in lieu thereof a Special Permit be approved with a waiver of the standard screening fence requirement until the adjacent lots are developed with single family dwellings; seconded by Diaz and passed unanimously. Minutes Regular Council Meeting November 23, 1977 Page 12 City Manager Townsend announced the public hearing on Application No. 1077-1, Koinonia Homes, Inc., for change of zoning from "R -1B", One -Family Dwell- ing District, to "R-2", Multiple Dwelling District, on a tratt of land out of Lots 1 and 2, First Baptist Church tracts, and a portion of Lot 19, Beekman Place Annex, located at the•rear of•the First Baptist Church on Ocean Drive. City Manager Townsend informed the Council that both the Planning Commis- sion and the Planning Staff recommend denial but in lieu thereof approval of a Special Permit subject to an appropriate site plan. He stated that in response to the notices of the public hearing, 16 in opposition and none in favor had been returned. City Manager Townsend stated that Chief Planner Wenger has advised him that there was sufficient opposition at the Planning Commission hearing on this application to invoke the 20% rule, which will require six votes to approve. He further stated that the opposition is from the property owners in basically the entire area, and in particular, those residing on Kush Lane and Ocean Drive. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; and showed slides of the area. Council Member Sample mentioned the fact that a number of citizens had expressed concern that the utilities and sewer lines in the area would be inade- quate if the planned apartments for the elderly are constructed and asked for City Manager Townsend's comments on this. City Manager Townsend explained that the drainage and sewer lines are adequate for this area, with the exception of a manhole behind the First Baptist Church that sometimes overflows. He stated that the development of this property would not affect the sewer or the water line. Mayor Luby called on the applicant to speak. Mr. John H. Thomason, member of the First Baptist Church and Director of Koinonia Homes, Inc., addressed the Council and explained that this organization plans to construct apartments for the elderly. Mr. Thomason stated that the Church had attempted to cooperate with the neighbors; they discussed their plans with the attorney representing some of the property owners; had attended a meet- ing at the home of Mr. Leon loeb; and following the meeting, the Church Board had made every effort to change their site plan to comply with the requests of the neighbors in the area. Mr. Thomason then introduced the Trustees of the Church and Mr. Jack White, who is the attorney for the Church. Minutes Regular Council Meeting November 23, 1977 Page 13 Mayor Luby requested that the citizens in the audience who are members of the First Baptist Church stand, and a large part of the audience indicated that they were members. Speaking on behalf of the applicant was Mr. Johnny Cotten, Architect for the proposed project. Mr. Cotten first introduced The Reverend Dr. Vernon 0. Elmore, pastor of First Baptist Church, who spoke next on this application. Dr. Elmore mentioned the fact that he regretted that the Church has offended their neighbors, but stated that the Church had not anticipated that there would be objections to their plans to construct apartments for the elderly. He stated that the Church has owned this property for some time and desires to develop it for the best possible use. Dr. Elmore explained that the Church has a number of elderly members in their congregation who are in need of living quarters, and it had been decided that it would be an ideal plan to provide needed residences for some of their elderly which would provide security for them; provide easy access to the Church for services and fellowship activities. Mr. Johnny Cotten and his partner, Mr. Gordon Landreth, made a presenta- tion on behalf of the applicant. Mr. Cotten displayed a site plan for the pro- posed development; related some of the suggestions that had been made during the Planning Commission hearing; and emphasized that they hoped to be good neighbors to the residents of Rush Lane. He explained that to accomplish this, most of the activities conducted for the elderly will be directed inward on the project; they plan to construct the building 60 feet from the property line which is adjacent to the backs of the residences on Kush Lane; in doing so, the structure will be closer to the private road that belongs'to the Church but which is used by resi- dents in the area; therefore, the site plan includes parking spaces next to Kush Lane. Mr. Cotten also pointed out that the drainage from Kush Lane runs into a ditch on the Baptist Church property, and the Church has agreed to put in a drainage swale on their property which will provide drainage for the residents in the area as well as the project that will be constructed. He stated that the plans designate low lighting fixtures with screens so that the residents of the apartments cannot see into the yards of the residents on Kush Lane and the light- ing will not present a problem to those residents. Mr. Cotten informed the Council Minutes Regular Council Meeting November 23, 1977 Page 14 that they have been assured by the City Staff that there is no sewer problem in the area. He expressed the opinion that it is not reasonable to allow this large • piece of property in the heart of the City to remain vacant, stating that the property is now zoned "R -1B" and could be subdivided into 60 -foot lots on which two-story houses could be built which would interfere with the privacy of the residents on Kush Lane to a greater extent that the proposed apartment complex. Mr. Cotten stated that the plans include landscaping the area to provide screen- ing and enjoyment for the residents of the apartments. Mr. Cotten further stated that some of the neighbors preferred that the development be limited by deed restrictions, but deed restrictions are virtually in effect forever and Koinonia Homes preferred not to do this, since they felt that the Special Permit would take care of most of the concerns expressed by those in opposition. Speaking in favor of this application was Mr. W. A. Sky -Eagle, a member of the First Baptist Church, who stated that this project had been under consider- ation by the Church for some time and he highly recommended the construction of these apartments for the elderly. Also speaking in favor of the Special Permit was Mr. Sydney Herndon, 4910 Greenbriar, who stated that he agreed with the Architects and the pastor of the Church. Mr. Herndon informed the Council that the word "Koinonia" means friend- ship, and the last thing the Church wanted to do was to offend the neighbors; however, they do not feel that this complex will be detrimental to the neighbor- hood or decrease property values. Speaking in opposition to the application was Mr. Jorge Rangel, Attorney representing a number of property owners in the area. Mr. Rangel presented back- ground information in regard to the method by which the application was presented to the Planning Commission, stating that the case was heard before that Commission on October 11, 1977. He stated that the area residents that he represents had set out some agreements which were sent to the applicant requesting that these condi- tions be met, and if they were, then they would not oppose the application. Mr. Minutes Regular Council Meeting November 23, 1977 Page 15 Rangel further informed the Council that the property owners residing on Kush Lane attended the Planning Commission hearing and registered complaints, after which the Planning Commission recommended that the application be denied for change of zoning to "R-2", but in lieu thereof, a Special Permit be recommended for an apartment com- plex for the elderly, subject to an appropriate site plan. Mr. Rangel pointed out that a site plan was presented by the applicant to the Planning Commission on October 25, 1977, which was approved; the property owners in opposition were not notified that this matter would be considered at that time; and charged that the procedure followed by the Planning Commission was improper according to Article 25. "Special Permit Regulations" of the Corpus Christi Zoning Ordinance, since the Planning Commission recommended approval of a different site plan from the one originally submitted at the meeting of October 11. Mr. Rangel elaborated on the reasons the Kush Lane property owners are opposed to the apartment complex, stating that they desire to live in a peaceful neighborhood that has privacy; they are concerned that an apartment complex of 50 units which includes parking spaces for 93 automobiles will create noise, an excess number of people, pollution, lack of privacy, etc. Mr. Rangel stated that the residents feel that the Special Permit does not address the planning question, and that if this Special Permit is approved, the Church has additional acres for which they might request a similar Special Permit or change of zoning. He indi- cated that he thought the most appropriate use for this property would be resi- dential zoning and urged the Council not to approve the Special Permit. In regard to Mr. Rangel's allegation that it was improper for the Plan- ning Commission to recommend approval of a different site plan from the ane that was originally submitted, Council Member Lozano pointed out this procedure is frequently followed by the Planning Commission when a Special Permit is being considered. City Manager Townsend explained that Mr. Rangel was referring to the fact that the Planning Commission should have an approved site plan before it acts; Minutes Regular Council Meeting November 23, 1977 Page 16 however, the Council does have the authority to reach a determination to issue the Special Permit subject to the approval of a site plan. He stated that this could be a procedural point, and possibly the Commission should recess a hearing until such time as a site plan is submitted. He reiterated that the Council does have the authority to initiate a Special Permit. Council Member Gulley inquired of City Attorney Bruce Aycock if this is a valid violation by the Planning Commission. City Attorney Aycock expressed the legal opinion that due process would be served to raise all of the questions here in the Council Meeting since it is a public hearing, and Mr. Rangel now has the opportunity to express all of his clients' concerns now since the approved site plan is before the Council. Mr. Rangel stated that they are contending that they were not given due process before the Planning Commission and alleged that the Commission did not act properly in recommending a Special Permit without an approved site plan on October 11. In rebuttal, Mr. Cotten stated that the applicants were told to appear before the Commission to apply for "R-2" zoning; they submitted a detailed site plan; those in opposition to the change of zoning voiced their objections; the Commission felt that some improvements should be made by the applicant to solve some of the objections; and that is why the applicants made the revisions to the original site plan. He further stated that the applicants were told that they must submit a revised site plan within 45 days, and they were able to make the suggested changes before the next meeting of the Planning Commission on October 25, 1977. He stated that he had called the Planning Department to ascertain the date of the next meeting. Mr. Cotten further stated that he feels that the appli- cants complied with all of the suggestions made by the Planning Commission. Speaking in opposition to the application was Mr. Leon Loeb, 155 Rush Lane, who is an adjacent property owner. Mr. Loeb pointed out that on the first site plan, there were no driveways or parking areas in back of his fence and stated that he would not object so much to a landscaped area but he does object Minutes Regular Council Meeting November 23, 1977 Page 17 to the parking area which was not on the original site plan. Council Member Gulley emphasized that the Council makes the final decision on approval of Special Permits and stated that Mr. Rangel has raised a technical point, and if the procedure followed by the Planning Commission will make a differ- ence, then he would like to recess the hearing until the Council has a legal opinion on the point raised by the Attorney. City Manager Townsend summarized the situation by stating that according to the Planning Commission minutes of the meeting of October 11, 1977, a site plan was presented; the applicants were advised that the site plan should be changed to include certain things that the opposition had suggested; and the parking spaces at the rear of the proposed structure seem to have presented a problem. He stated that he would like to have an opinion from the City Attorney in regard to the legal aspects of the procedure; however, the revised site plan was approved at a second meeting, and the site plan is before the Council during this public hearing and the Council has the authority to consider any site plan. Dr. Michael L. Mintz, 141 Rush Lane, pointed out that the original site plan did not indicate the parking spaces in that location and the opposition did not have an opportunity to address that portion of the site plan. Mr. Cotten informed the Council that the parking spaces were on the other side of the property on the original site plan, but after the opposition requested that the proposed complex be moved back from the property line 60 feet, it was necessary to relocate the parking spaces at the rear of the property. He also pointed out that drainage in the neighborhood goes to the First Baptist Church property and they are creating a drainage way for the adjacent property owners. Also objecting to the location of the parking spaces was Mrs. Leon Loeb, 155 Rush. Mayor Pro Tem de Ases expressed the opinion that the Council should pro- ceed with the hearing, but indicated that he felt that a serious question had been raised about the procedure -- opportunity for the opponents to see the site Minutes Regular Council Meeting November 23, 1977 Page 18 plan before it was approved by the Commission, and the other question is that there are three or four items the Platting Ordinance requires before Special Permits can be granted. He admitted that perhaps the Council has not complied with this in the past and suggested that a written opinion would be in order from the City Attorney. City Manager Townsend stated that the provision in regard to the require- ments for granting a Special Permit is the,same that is read to the Council in regard to Special Permits, and they have met those tests in the past on other cases. He further pointed out that in any event, it will require six votes of the Council to approve the zoning request or the Special Permit and suggested that the hearing be continued. Speaking on behalf of the application was Mr. Johnny H. Thomason, 5433 Ocean Drive, who informed the Council that the Church has done everything possible to make the neighbors aware of the plans and offered to discuss the matter with them; only two neighbors had responded to this offer; the Church Board heard that some of the residents had retained an attorney; and that a petition was circulated, at which time they withdrew their application. He related that the Church had asked Mr. Rangel to write them a letter containing all of the neighbors' objections, which they did, but requested that deed restrictions apply. Mr. Thomason expressed the opinion that everything on the site plan is in accordance with their requests. He also stated that the parking spaces at the rear of the building seem to be the `primary objection of the residents, but this was necessary since they had requested the 60 -foot building line, which would make it dangerous to have parking at the front of the property. Mr. Loeb stated that they objected to the parking spaces in the rear because this eliminated the possibility of landscaping on the property. Council Member Gulley again asked if this case is properly before the Council and -suggested that the hearing be recessed until a legal opinion had been obtained in regard to the procedure that had been followed. Minutes Regular Council Meeting November 23, 1977 Page 19 Mayor Luby and City Manager Townsend assured him that it is properly before the Council, and Mr. Townsend stated that he sees no reason for recessing the hear- ing since the proper site plan is before the Council and the opponents at this time. Speaking in favor of the application was Mr. Joe McComb, who urged approval of the Special Permit, and pointed out that it is very important for this Church to do something for the elderly. Mr. Jack White, Attorney representing Koinonia Homes, reiterated that the objection of the homeowners is that their privacy will be invaded, but he pointed out that this property could be used for single-family residences, which would be less desirable than the apartments for the elderly. The next citizen speaking in opposition was Mrs. Barbara Wasson, 125 Kush Lane, who stated that she felt that this location was unsuitable for homes for the elderly since there are no shopping facilities, etc., in the area. Also speaking in opposition was Mr. Nolan Read, 133 Kush Lane, who sug- gested that the apartment complex be located in another area. Mayor Luby declared a recess at 5:25 p.m. Mayor Luby reconvened the meeting at 5:35 p.m. Council Member Sample stated that it appears that the architects on this project have done a lot to solve a number of the problems posed by the opponents and that he feels that the opponents have objected to the fact that they were unable to review the revised site plan, pointing out that the site plan is before the Council at this time; the opponents. are welcome to examine the plan; and stated that he sees no reason to have this application heard before the Planning Commis- sion again with the same site plan. Council Member Gulley stated that he agreed with that statement, but also pointed out that he would like to be sure that the procedure followed was legal and there will be no question about it later. Mr. Gordon Landreth, Architect on the project, referred to the fact that a Minutes Regular Council Meeting November 23, 1977 Page 20 number of people had referred to 90 parking spaces, whereas, the site plan only indicates 42 at the rear of the building with the remainder at the side and front of the building. Mr. Landreth also indicated that very few elderly citizens drive at night, and there should be no problem with headlights shining in the windows of adjacent property. Speaking in opposition to the change of zoning was Mrs. Mary H. Dunnam, 200 Chenoweth, who stated that her property is adjacent to the proposed site and that while the staff has stated that the sewer pipe is adequate in that area, she has had difficulty with the sewer service when it rains. City Manager Townsend explained that it is not the size of the pipe that creates the problem, but the overflowing sewer is because this is such a low spot. Speaking in favor of the application was Mr. Bill Reiff, 666 Moray, who pointed out that while no one likes changes in their neighborhoods, the property owner should have the right to make the best use of their property, and the Church felt that housing for the elderly was needed. Mr. Loeb spoke again and stated that the residents of Kush Lane are opposed to the location of the parking at the rear of the lot. The Reverend Elmore reminded the opponents that the only reason the parking area was located at the rear was because those opposed to the complex had requested that the building be set back 60 feet. City Manager Townsend stated that the applicants have indicated a desire to do everything possible to please the adjacent neighbors and asked if those in opposition feel that the 60 -foot setback or the removal of the parking spaces and driveway at the rear of the building is more important. After consulting with his clients, Mr. Rangel reported to the Council that they are not in a position to answer this question at this time but reiterated that they are opposed to the construction of apartments for the elderly in this neigh- borhood. Council Member Gulley moved that the hearing be closed and the decision of the Council be delayed for one week until the City staff provides a legal opinion .-u.nutes Regular Council Meeting November 23, 1977 Page 21 as to whether or not the procedure before the Planning Commission was in order; seconded by Diaz. City Attorney Aycock stated that the site plan has been displayed during this entire public hearing and expressed the opinion that he did not feel that there is anything legally wrong with the hearing but stated that he will have a written opinion for the Council next week. Mayor Luby called for the vote on the motion, and it passed unanimously. * * * * City Manager Townsend presented the ordinance on the zoning application of Mr. Rosendo Ramirez. City Secretary Read polled the Council for their votes, and the following ordinance was approved: ORDINANCE NO. 14053: 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 ROSENDO RAMIREZ, BY GRANTING A SPECIAL PERMIT FOR A RESTAURANT CLUB AND BARBERSHOP, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOTS 3, 4 & 5, BLOCK G, LOS PALMAS SUBDIVISION, 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, Lozano and Sample voting "Aye". * * * * * * City Manager Townsend informed the Council that a problem exists in regard to CATV and explained that the Cablevision Company has been gradually losing cus- tomers. He stated that the company plans to put in a satellite unit and also a home box office for customers desiring it, stating that this is allowed by FCC but not by the City, according to the terms of the franchise. Mr. Townsend indi- cated that this will be discussed at a meeting later. * * * * * * Mayor Luby mentioned the fact that he has had reports of a man on duty at a manhole on Horne Road and inquired about the purpose of this. City Manager Townsend informed him that they are testing the sewage in the manholes. Mayor Pro Tem de Ases mentioned the continuation of the evaluation of the City Manager that the Council planned to discuss today but suggested that this be postponed until 9:00 a.m. Wednesday, November 30, 1977. Minutes Regular Council Meeting November 23, 1977 Page 22 There being no further business to come before the Council, on motion by de Ases, seconded by Gulley, and passed unanimously, the Regular Council Meeting was adjourned at 6:20 p.m. November 23, 1977.