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HomeMy WebLinkAboutMinutes City Council - 12/14/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 14, 1977 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Gabe Lozano, Sr. Edward L. Sample Hall. 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 The Reverend John H. Ogwyn of the Church of God gave the invocation. 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 Sample that Council Member Bob Gulley be excused from the meeting for just cause; seconded by Lozano; and passed unanimously. Council Member Gill requested that Ms. Joy Yates be allowed to give a presentation at the beginning of the Regular Council Meeting on December 21,'1977 on the Women's Shelter of the Corpus Christi Area, Inc. Motion by Diaz that the Minutes of the Regular Council Meeting of November 16, 1977 be approved as presented; seconded by Sample; and passed by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby voting "Nay", stating that he had not had an opportunity to read the minutes; Gulley, absent. Mayor Luby announced the issuance of a proclamation declaring D6cember 15, 1977 as "BILL OF RIGHTS DAY". Mayor Luby announced that two public hearings are scheduled for 2:00 p.m., stating that the first one concerns closing the alley between Lot 16, Block 3, and Lots 1 and 2, Block 4, Riverside Park Addition, generally located south of Up River Road and west of Crystal Lane. City Manager Townsend informed the Council that the letter of request had been received from Mr. Gerald Sherman, who owns all of the adjoining property, so that he can build a garage in the area; the Planning Department feels that the pro- perty should be replatted and the owner should be so informed; Central Power and 1 MICROFILMED SEP 0 31980 Minutes Regular Council Meeting December 14, 1977 Page 2 Light Company and others have indicated that a 5 -foot easement is needed for utilities at the back of this property; the staff recommends that the alley be closed with the stipulation that the 5 -foot utility easement be provided and that this property be replatted. No one spoke in opposition to this alley closure. Motion by Lozano that the hearing be closed, seconded by Sample, and passed unanimously. Motion by de Ases that the Council approve the closing of the alley sub- ject to the continuation of a 5 -foot utility easement at the rear of the lot and the replatting of the property; seconded by Diaz; and passed unanimously. Mayor Luby announced the public hearing on the request of Incarnate Word Academy to close Austin Street between Chamberlain and Angel Streets for the safety of children attending their schools and asked City Manager Townsend to provide background information. City Manager Townsend explained that the street closure request had been received from the Educational Development Office of the Incarnate Word Academy and that the plans for this property have been sent to the City in the form of a book- let. He stated that the affected City departments concur with this request, but Central Power and Light Company and Southwestern Bell Telephone Company have requested that the utilities be relocated. City Manager Townsend stated that the Fire Department had expressed concern that there might be a problem of access to the area if the street is closed, but the Staff feels that in view of the fact that it will be an open area, the Fire Department should not have an access problem through the open space. Mr. Townsend also informed the Council that the staff has some concern about loading and unloading and parking facilities but that he felt sure that this will be taken care of by the applicant. He summarized by stating that the staff recommends that this street be closed, but with'the stipulation that arrangements be made for Central Power and Light and Southwestern Bell Telephone lines to be relocated and that Block 609 should be replatted so as to'prevent.the Minutes Regular Council Meeting December 14, 1977 Page 3 sale of the individual lots. Mayor Luby called for comments from the applicant. Ms. Marli Mooberry, Director of Development for the Incarnate Word Academy, addressed the Council in regard to the request and stated that there is no problem in regard to the relocation of the utility lines and that this has been discussed with Central Power and Light Company and Southwestern Bell Telephone Company. She indicated that the Academy has agreed to make arrangements for the utility reloca- tions. Ms. Mooberry expressed the need to unify the campus of the school for the safety of the students; stated that representatives of the school have contacted the property owners in the affected area and 75% of them were very much in favor of the closure; and stated that the school will agree to the required replatting. Speaking in opposition to the street closing was Mrs. Rachel Esterling, 329 Breezeway, who stated that she is a school teacher and travels this street in order to reach Alameda to get to the school where she teaches. She expressed the opinion that if this street is closed, a traffic hazard will exist for the residents of Breezeway who are attempting to get to Alameda. Mrs. Esterling stated that everyone is concerned about the safety of the children who attend this school, but indicated that this could be assured by the use of crossing guards. She also mentioned that there seems to be ample play area for the students without this additional space. The next citizen speaking in opposition to the closing was Mrs. Irene Roe, 2853 Lawnview. Mrs. Roe stated that if it is proven that this street is a hazard to the children, she would support the closing. She suggested that the ordinance on the closure be read on three readings so that those who oppose the closing will have an opportunity to address the Council. Mrs. Roe indicated that she had talked to several people in the neighborhood who did not receive notices of this public hearing. City Manager Townsend assured her that according to the records, every- one within 450 feet of the proposed closing was notified of the hearing, explaining that the list of affected property owners is obtained from the Tax Office and the notices are mailed to the property owner who is listed on the tax rolls. Mr. Minutes Regular Council Meeting December 14, 1977 Page 4 Townsend also explained that the ordinance effecting the closure, if the Council approves, will be considered next week rather than today. Mayor Luby invited comments from members of the audience who are in favor of the closing. Mr. David Wilson, Consulting Architect, 5315 Everhart, showed slides of the area in which the Academy is located and stated that Incarnate Word Academy has been in the City for many years and serves a large number of students. Mr. Wilson displayed the proposed site plan of the improvements and pointed out the planned pickup point for parents driving their children to school. He stated that the proposal of Incarnate Word Academy will benefit the entire City and enhance the neighborhood, since the playground could be used by the children in the neighborhood and would not be fenced off. Mr. Wilson informed the Council that the school plans to construct tennis courts, for which some Federal funds are available. City Manager Townsend mentioned to Mr. Wilson that a storm sewer exists on this street, and if the street is closed, the storm sewer will have to be maintained by Incarnate Word Academy. Council Member Sample inquired about the plans for parking on the site plan, and City Manager Townsend asked if they have plans to modify or eliminate the head -in parking on Angel Street, both of them expressing concern about the traffic hazard that exists at the intersection of Angel and Alameda Streets. Mr. Wilson replied that there are no plans to eliminate this parking at this time. Sister Martha Ann Smith, speaking on behalf of the Sisters at the Academy and the teachers, pointed out that their primary concern is for the safety of the students attending the school. 'Council Member Diaz asked for an estimate of the number of cars involved in bringing the children to school. Ms. Mooberry informed him that they had taken a traffic count during peak hours, and the average number of cars either picking up or bringing the children to school was 124. She also stated that there are Minutes Regular Council Meeting December 14, 1977 Page 5 approximately 750 families with children in school; some students come to school by bus; and others walk to school. Also speaking in favor of the street closing was Mr. John Wright, III, who is President of the'School Board for the Academy. Mr. Wright emphasized the fact that the monetary value of the school complex is approximately $5,000,000; they are planning construction which will involve an additional $1,000,000; and it is estimated that the school annually saves the taxpayers $1,000,000 in school taxes. No one else spoke in regard to this street closing request. Motion by Sample that the hearing be closed, seconded by Diaz. City Manager Townsend suggested that the effective date of the closing of the street should be at the time the physical evidence of the street at the inter- sections is removed. Mr. Wilson stated that this was his understanding. Mayor Luby called for the vote on the motion to close the hearing, and it passed unanimously. Motion by Sample that the request be granted and Austin Street between Chamberlain and Angel Streets be closed; seconded by Lozano. Council Member Gill suggested that all of the residents who should have received notices of the public hearing be informed that the ordinance closing the streetlwill be considered next week. City Manager Townsend assured Council Member Gill that according to the City's records, all of the people within a 450 -foot radius of the street to be closed were mailed notices of the public hearing. City Manager Townsend requested that the motion reflect that the necessary provision be made for the Central Power and Light and Southwestern Bell Telephone lines; the property be replatted; and the closing will not be effective until there are physical indications at the intersections that the street is no longer a street. Council Members Sample and Lozano agreed to this. Mayor Luby called for the vote on the motion to close the street, and the motion passed by the following vote: Luby, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent; and de Ases abstaining since his children attend this Minutes Regular Council Meeting December 14, 1977 Page 6 school and he is serving as Assistant to the President of the School Board. 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 during the Regular Council Meeting on January- 4, 1978 at 3:30 p.m. on the following zoning appli- cations: (1) Me. Angie H. Saenz: "R -1B" to "B-1", located on southwest corner of Everhart Road and Bonner Drive. (2) Mr. Robert C. Shih: "AB" & Special Permit to "B-4", located on east side,,of-Weber-Road, approximately 350' south of Brett Street. (3) Crestmont Properties: "A-1" to "B-1", located on northeast corner of Kostoryz Road and Crestridge Drive. (4) Mr. Robert M. Kendrick: "R -1B" to "B-1", located on west side of Airline Road extending south from southwest corner of Airline Road and Kimbrough Drive. b. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on January 11, 1978 on the following zoning appli- cations: (1) Mr. John and Mr. Henry Tucker: "R -1B" to "I-2", located 1145' north of Saratoga Boulevard, east of Ayers Street, and on west side of Richter Drainage Ditch. (2) George and Alta Bihner: "R -1B" to "R-2", located on southeast corner of Lawnviev Street'and Sunset Avenue. (3) Mr. Robert J. Taylor: "B-1" to "B-4", located on northwest corner of Kostoryz and Gollihar Roads. (4) Mr. Ray Cox: "A-1" to "B-4", located on west side of Central Drive, approximately 150' south of South Padre Island Drive. c. Recommendation that bids be received at 11:00 A.M., Tuesday, January 3, 1978, for the following: (1) a spare tire for the scraper at the Elliott Sanitary Landfill; (2) two exhibit cases to be used as a center display in the antiques gallery at the Corpus Christi Museum. The cases previously purchased were wall cases: (3) a one-year supply (673,700 lbs.) of 50% hydrogen peroxide and related storage tanks for Wastewater Services. The peroxide is used for in-line treatment and odor and corrosion control at the Broadway and Westside Wastewater Treatment Plants and in the McArdle trunk main under a program initiated two years ago. Minutes Regular Council Meeting December 14, 1977 Page 7 d. Recommendation that bids be received on Wednesday, January 11, 1978 for the lease of minerals underlying 13 acres owned by the City, including 10.243 acres between Navigation Boulevard and Paxton Street near Highway 44, (Savage Lane Pump Station), .91 acres on McBride Lane near Up River Road (McBride Lane lift station), 1.35 acres at the traffic sign shop at McBride Lane and Leopard and .37 acres at the intersection of Up River Road and I.H. 37 (traffic median). The lease will be for three years with a minimum cash bonus of $50 per acre, a minimum royalty of 3/16ths and a $10 per acre annual delay rental for the three year primary term. All City land drilling ordinance requirements would apply. Unitization of any portion would only hold the portion so unitized beyond the primary lease. An operator has expressed an interest in leasing the minerals so this acreage can be pooled with other acreage into drilling units. No actual drilling would be allowed. e. Recommendation that bid award on 1977/78 requirements of tires and tubes (approximately 3200 tires and 2600 tubes) be made to GOODYEAR SERVICE STORE, Corpus Christi, on the basis of low bid of $159,013.80. Bids were received from 4 firma. Price comparison reflects a decrease of 16% on the previous year's contract. f. Recommendation that one year contract for replacement vehicle glass be awarded to THURMAN FONDREN GLASS COMPANY, Corpus Christi, on the basis of lowest - overall cost. The bid includes a 60% discount off list price for glass and installation rates vary from $5.00 for vent glass to $12.50 for windshields. Based on estimated quantities, the annual cost will be approximately $3,300. Bids were received from 3 firms. Price comparison shows an increase of 5% on glass and installation increases of 20% on windshields, 33% on quarter glass, and 67% on vent glass. g. Recommendation that a contract for supplemental field tire repair service be awarded to GONZALEZ TIRE SERVICE, Corpus Christi, on the basis of the only bid received. A unit price comparison shows no price increase. Unit prices range from $2.00 for passenger vehicle tires to $8.00 for loader tires. Based on estimated quantities, the annual cost will be approximately $19,960. City Manager Townsend explained that this tire service is available early each morning when most of the tire problems occur on City vehicles. In regard to Item "c", Council Member Sample inquired about the cost of the hydrogen peroxide mentioned in No. (3). City Manager Townsend informed him that it is estimated that the price will be from $180,000 to $190,000. Council Member Diaz mentioned the fact that he had learned in San Francisco at the National League of Cities Meeting that one city was using recapped tires and inquired if this City had considered using recaps. City Manager Townsend stated that the City has used a lot of recaps in the past but he would have to obtain a report for later presentation as to whether or not the City is presently using them. Minutes Regular Council Meeting December 14, 1977 Page 8 Council Member Sample inquired if the City has had any problems with batteries being stolen. City Manager Townsend replied that some batteries have been stolen during the weekends and if the situation becomes too bad, it will be necessary to employ a guard to be on duty after midnight. Council Member Lozano suggested that this might be a good idea. Mayor Pro Tem de Ases stated that he would like to have an explanation as to why the Council must approve receipt of bids on supply contracts. City Manager Townsend stated that if the amount is over $2,000,it is necessary for the Council to approve contract award, and the recommendations that bids be author- ized are placed on the agenda to alert the Council that these items are to be considered in a few weeks. h. Recommendation that the contract for air conditioning improvements to the North Wing of Corpus Christi Museum be awarded to L & M METAL Fabricators for $1,925. The project includes installation of diffusers, return air grills and other minor air conditioning modification work preparatory to opening additional exhibit space. Sufficient funds are provided in the 1977-1978 Museum budget. i. Recommendation that the Airport Graphics contract be accepted and final payment of $1,164.90 for a total of $11,649 be made to McKissack & Associates. The work included furnishing and installing signs at the terminal building and boarding gates. Recommendation that the Water Fund be reimbursed $51,614.46 for 3rd Year Community Development project work by Water Division forces in High Terrace, La Arboleda, and Casa Blanca Subdivisions and the Lozano School area. Work consisted of replacing 2 -inch lines with 6 -inch lines to improve customer service and provide fire protection. j• k. Recommendation that the General Fund be reimbursed $31,979.69 for Engineer- ing Services on various Bond and Community Development projects during October, 1977 and that $27,540.22 be appropriated to supplement previous appropriations. Reimbursements include the following work: Street ($10,114.96), Airport ($513.09), Sanitary Sewer ($2,689.51), Storm Sewer (88.99), and Community Development Projects ($18,573.14). 1. Recommendation that an agreement be approved with the State Department of Highways and Public Transportation for construction of traffic signal improvements at the following intersections: (1) Leopard and Tancahua (2) Tancahua and Lipan (3) Carancahua and Lipan (4) Leopard and Carancahua (5) Alameda and Louisiana Parkway (6) Staples Street and Morgan Avenue The $5,000 is used for utilities and routine maintenance and is included in the current Budget. Minutes Regular Council Meeting December 14, 1977 Page 9 m. Recommendation that the agreement with the Japanese Art Museum be renewed for an additional year. The City provides $5,000 to the Museum for the following services: (1) Be open to the public from 10 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Monday through Friday and from 2 p.m. to 5 p.m. on Sunday. (2) Provide scheduled tours and music events upon request by school, civic and neighborhood groups. (3) Show films of an educational and cultural nature. (4) Participate in Sister City functions. The $5,000 is used for utilities and routine maintenance and is included in the current Budget. n. Recommendation that a lease be granted to Mr. and Mrs. Oscar Elizondo for a portion of the Airport restaurant area for the sale of alcoholic beverages. Mrs. Elizondo is the daughter of Mrs. Georgana Castle, present lessee of the bar area, and has worked as assistant manager for the past two years. Mrs. Elizondo wi11 also manage the restaurant for Dynateria. This arrangement for a separate bar lease is necessary to comply with Texas Alcoholic Beverage Commission regulations which require the lessee to be a resident of Texas. Mrs. Elizondo will pay 10% of gross income to the City on alcoholic beverage sales. The lease will become effective upon receipt by Mrs. Elizondo of the appropriate license and permits from the'Texas Alcoholic Beverage Commission. Mrs. Castle has accepted another position with Dynateria in Montana. City Manager Townsend explained that this is just a transfer from Mrs. Castle to her daughter which was necessitated because the Texas Alcoholic Beverage Commission requires that the lessee be a resident of Texas, and Mrs. Castle has been transferred to another state. He also mentioned that according to the lease currently in effect, the rates could be renegotiated as of July, 1977, but this is not recommended by the Airport Advisory Board at this time and the staff agrees. Mr. Townsend stated that the percentage paid the City is 10% on liquor and 8.23% on food. City Manager Townsend stated that the following Items "o", "p", "q" and "r" all involve oil and gas matters. o. Recommendation that the ordinance, passed on second reading, to increase the permit for a land well from $300 to $500 be amended, prior to third reading to add the following: (1) Increase the fee to amend a land drilling permit for a regular location from $50 to $100 to equal the fee charged to amend a permit for an irregular location. (2) Increase the fee for a seismic permit on land from $50 to $100. (3) Raise the fee to amend a bay drilling permit from $50 to $100. (4) Establish an annual inspection fee of $25 for wells in the bay. The Bay Drilling Committee received input from the oil industry at a meeting on November 18 and concurs with this recommendation. The increased fees will generate additional revenue of approximately $8,500 per year and equalize the bay. and land drilling fees. Minutes Regular Council Meeting December 14, 1977 Page 10 P• q. Recommendation that the land drilling ordinance be amended to provide for a formal notification procedure for amending drilling block boundaries. Notice would be published in the newspaper for two consecutive weeks. Comments would be received for an additional week before a recommendation is submitted to the City Council. If an objection is received to the staff proposal, a public hearing would be held by the City Council on the recommendation. Notification by newspaper publication is recommended because notification of mineral owners would involve substantial record research and some mineral ownerships may not be recorded. Recommendation that the Land Drilling Ordinance be amended to revise drilling block boundaries along the City limits between Old Brownsville Road and Highway 44. A recent survey has indicated that the City limits line on the drilling block map is in error by as much as 770 feet with an additional error of about 200 feet in the vicinity of Joe Mireur Road. It is proposed to realign existing drilling blocks in this area and add one new drilling block in order to achieve the desired area of approximately 40 acres per drilling block. (The notification procedure recommended above was followed and no objections to the changes were received;) r. Recommendation that the Land Drilling Ordinance be amended to add new drilling blocks 1667-1674 fo include recent annexations, including a tract owned by C P & L on Saratoga near Rodd Field Road, Castle River Subdivision, Unit I, the Elliott Sanitary Landfill, and 47.939 acres located between I.H. 37, McKenzie Road and the Allison Treatment Plant. The Land Drilling Ordinance divides the City into approximately 40 acre drilling blocks. s. Recommendation that the Environmental Protection Agency be requested to renew its lease with the Corpus Christi Oil Spill Control Association for the use of the E.P.A.'s beach sand cleaner by the Association. The current lease expires January, 1978. E.P.A. plans to move the cleaner to another community. The Association has spent several thousand dollars in renovating and placing the cleaner in good mechanical condition. The unit would be invaluable in cleaning our extensive beach area in the event of an oil spill in the Gulf. Similar resolutions are 'being, rsquested:,of• San Patricio;' Nueces and Aransas Counties and the Coastal Bend Council of Governments by the Oil Spill Control Association. t. Recommendation that authority be granted to submit a grant application to the ACTION Agency for $46,329 for fourth year funding of the Retired Senior Volunteer Program from April 1, 1978 through March 31, 1979. The Federal portion is $27,808, the State's $2,073 and the City's $16,448 ($8,461 cash and $7,987 in-kind). The program will employ 200 volunteers at 45 work stations. It is further recommended that a contract be approved with the Governor's Committee on Aging for the State participation of $2,073. u. Recommendation that a grant to continue the Nueces County Organized Crime Control Unit from March 1, 1978 through February 28, 1979 be accepted. The total project cost is $202,401 of which $78,502 is from the Federal govern- ment, $103,923 from the City and $19,976 from the County. The program includes ten positions - a Captain, 3 Sergeants, a Patrolman, Analyst and Secretary provided by the City and two Deputy Sheriffs and an Assistant Disrict Attorney (part -tine) provided by the County. This will be the sixth year of the program. Minutes Regular Council Meeting December 14, 1977 Page 11 v. Reconendation that a grant application be submitted to the Texas Department of Community Affairs for the Youth Conservation Corps Program for a third summer. The program will consist of a residential and non-residential camp of approximately 28 youth each. The youth will work at South Guth and Loa Encinos Parke. The work at the South Guth Park will consist of cleaning up and construction of interpretive trails. A tree conservation program will be pursued at Los Encinos Park along with construction of interpretive trails and a picnic and shelter area. Total project cost will be apprjximately $84,200 with $71,092 being provided by the Federal government and $13,108 by the City. w. Recommendation that proposals be received at 11:00 a.m. Tuesday January 10, 1978 for the lease -purchase of an IBM 3145 computer system or equal which will replace the existing IBM 3135 system and take advantage of the accrual and equity acquired by the City on the existing equipment. The IBM 3145 system will increase the core capacity of the central processing unit from 426K to 750K and have twice the speed of the existing central processing unit. Bid proposals shall include the following: (1) A five-year lease -purchase of IBM 3145 central processing unit to replace the existing central processing unit on which the City owes $197,453 as of January 1978; (2) A five-year lease -purchase of computer support hardware on which the City has an accrual of $414,789 or the lease purchase of equal equipment; (3) A five-year lease -purchase of additional support hardware to improve the new IBM 3145 system which includes a high speed printer, additional disk storage, and a tape drive. The present computer system is overloaded, is operating beyond the recommended capacity, and needs to be replaced. By placing all the equipment on the lease -purchase plan and improving the central processing unit, the system will be operating much more efficiently and at a lower monthly charge. The City will receive title immediately and thus eliminate the payment of property taxes. In regard to Item "u", Mayor Luby inquired as to who will pay for the servi- ces of the two Deputy Sheriffs. City Manager Townsend informed him that the County will provide funds for the Deputy Sheriffs and the Assistant District, Attorney. Council Member Gill requested that a report be prepared as to just what "Organized Crime" is. City Manager Townsend stated that organized crime is defined as any kind of criminal activities that extend out beyond governmental boundaries, particularly criminal activity that is planned for several jurisdictions. Council Member Gill stated that she would like to have a report on how much is actually spent on prevention on individual types of crimes. City Manager Townsend briefly described how the Organized Crime Control Unit personnel perform research to turn over to the proper enforcement agency. Minutes Regular Council Meeting December 14, 1977 Page 12 Mayor Luby suggested that a report on the Organized Crime Control Unit be presented during a Workshop Meeting. Council Member Diaz indicated that he would like to have a report soon on the progress of the Convention Center plans. City Manager Townsend informed the Council that staff members had a meeting with the architects Tuesday; they are at the 30% completion stage; the staff has requested a written report from the architects on this; and as soon as it is received, it will be presented to the Council. Council Member Gill stated that she would like to have a special workshop meeting for this purpose. Mr. Townsend agreed and stated that there are a number of decisions concerning the plans that need to be made by the Council. City Manager Townsend presented a complete report on the lease -purchase of an IBM 3145 computer system or equal, as recommended in Item "w". He explained that the computer business is such that companies can buy or lease equipment; the City has basically three kinds of equipment that are involved in this recommenda- tion; and stated that the existing IBM 3135 system is operating at peak capacity at this time and there is a need to replace the central processing unit. He fur- ther stated that the staff is recommending that bids be received for the lease - purchase of the recommended equipment, indicating that there are 27 potential suppliers. There was no further discussion from the Council on the City Manager's Reports and no comments from members of the audience. Motion by de Ases that the City Manager's Reports, Items "a" through "w" be accepted; seconded by Sample; and passed unanimously. Mayor Luby announced the public hearings on five zoning applications and - asked City Manager Townsend to set the stage for the hearings. City Manager Townsend announced the public hearing on Application No. 1077-9, Mr. Eric J. Brister, for change of zoning from "R -1B" One -Family Dwelling District to "A-2" Apartment House District on Lots 39, 40 and 41, Block 1, Lexington Subdivi- sion, located on the north side of Johanna Street, approximately 700 feet east of Minutes Regular Council Meeting December 14, 1977 Page 13 Ayers Street. Mr. Townsend noted that the Planning Commission recommends denial, and the Planning Staff recommends denial but in lieu thereof that "R-2" be approved. City Manager Townsend informed the Council that in response to the notices of the public hearing, 2 in opposition and 3 in favor of the change of zoning had been returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. In reply to a question from an unidentified gentleman in the audience, Mr. Wenger stated that the maximum number of units allowed under the "A-2" zoning is 51. Mayor Luby asked why the Planning Commission had recommended denial and the Planning Staff recommended "R-2". Mr. Wenger stated that the Commission indi- cated that they would be willing to recommend "R-2", but the applicant's represen- tative had informed them that this zoning would not be acceptable. Representing the applicant was Mr. Ed Prichard, Attorney. Mr. Prichard stated that Mr. Brister is serving in the U: S. Air Force in another City; this property has been in Mr. Brister's family for over 20 years; he plans to retire soon and would like to develop this property for income, but he has not completed plans for the property. Mr. Prichard also informed the Council that Mr. Brister applied for "A-2" zoning because he was under the impression that this would be the only acceptable use; that he would accept "A-1" zoning; but that "R-2" would not be acceptable because he would be unable to earn any profit with the few units allowed under this zoning. Council Member Sample expressed the.opinion that "R-2" would be ideal zon- ing as a buffer zone and so as not to create further traffic. Mr. Prichard expressed the opinion that this is an old neighborhood and does not anticipate that single-family dwellings will ever be constructed on this tract. Mayor Luby indicated that he felt "A-1" zoning would be good use of this property because of the lesser density allowed as compared to "A-2". Minutes Regular Council Meeting December 14, 1977 Page 14 Speaking in opposition to the zoning application was Mr. Noe Morin, 2545 Johanna, who took exception to Mr. Prichard's statement that it is unlikely that single-family dwellings will be built in the area, stating that he is presently constructing a $60,000 home in the vicinity. He emphasized the fact that he has worked hard to upgrade this neighborhood; the area has been designated as a code enforcement area; and he feels that the neighborhood will be developed since it is in such a good location. Mr. Morin pointed out that Mr. Ernest Briones, Direc- tor of Planning and Urban Development, and City Manager Townsend have helped the neighborhood develop since it is a code enforcement area. He also stated that there are large lots in the area that are ideal for residences. No one else spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Sample that the request for "A-2" zoning be denied, but in lieu thereof that "R-2" zoning be approved as recommended by the Staff; seconded by Gill. Mayor Pro Tem de Ases stated that it was his understanding that the applicant did not want "R-2" zoning. Mr. Prichard confirmed this. Council Member Sample withdrew his motion and then moved that the appli- cation be denied, seconded by Gill, and passed unanimously. City Manager Townsend announced the public hearing on Application No. 977-9, Mr. Harold 0. Lund, for change of zoning from "R -1B" One -Family Dwelling District to "R-2" Multiple Dwelling District on Lot 19, Block 36, Pope Place Unit 5, located on the south side of Carmel Parkway, approximately 200 feet west of South Alameda Street. Mr. Townsend stated that the Planning Commission recommends denial but in lieu thereof a Special Permit be granted for the construction of a duplex with the stipulation that the front setback line be no less than that of the adjacent resi- dence and that a fence be required along the south and west property lines extending no further than the front setback line. He also informed the Council that the Minutes Regular Council Meeting December 14, 1977 Page 15 Planning Staff recommends approval since the property has been vacant for several years and was of the opinion that this was due to its location adjacent to the water tower; that a duplex would not be detrimental to adjacent properties; and that it would provide a transition between single-family dwellings and the water tower. City Manager Townsend stated that in response to the notices of this public hearing, 2 in opposition and 2 in favor of the change of zoning had been returned. 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. Mayor Luby called on the applicant to speak, and it was ascertained that he was not present. Mr. Wenger informed the Council that Mr. Lund resides in another state, but Mr. Harold Lafferty had appeared on his behalf at the Planning Commission hearing. Mr. Victor L. Salter, Jr., 613 Carmel Parkway, asked to speak at this time and inquired if the applicant had indicated what type of structure was planned for the proposed duplex, indicating that he is concerned since he lives two houses down from the tract. City Manager Townsend explained to Mr. Salter that if the zoning is approved, any type of structure authorized under that zoning is allowed, and if the Special Permit is granted, there will be some stipulations. He also pointed out that even under the existing zoning of "R -1B", any type of structure could be built for a single-family dwelling. Mr. Salter then stated that he is in opposition since he does not know what type of structure is contemplated for the property. Motion by de Ases that the hearing be closed; seconded by Sample. Council Member Gill noted that Mrs. Rosa Gonzales of the Planning Com- mission was present in the audience and asked for her comments on this case. Mrs. Gonzales explained that the Commission had spent quite a bit of time on this case; they questioned the applicant's representative at length; Minutes Regular Council Meeting December 14, 1977 Page 16 stressed the type of neighborhood; and stated that they recommended the Special Permit because of the setback distance, and the applicant was agreeable to this. She admitted, however, that the zoning does not control the type of structure that can be built. She stated that the applicant indicated that he would build something compatible with the neighborhood. City Manager Townsend reminded the Council if they are considering approval of a Special Permit, that they could specify the kind of material that is to be used. so that the structure would be compatible with the neighborhood. Mayor Luby called for the vote on the motion to close the hearing, and it passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and that a Special Permit be approved for the construction of a duplex with the stipulation that the front setback line be no less than that of the adjacent residence and that a fence be required along the south and west property lines extending no further than the front setback line; seconded by Sample. City Manager Townsend stated that there is a small problem with the site plan and pointed out that a cedar fence exists along the south of this property which belongs to the adjoining property owner. He stated that the staff feels that the fence should be continued and suggested that the words "south and" be eliminated from the recommendation and Council Member Diaz' motion. Council Member Diaz stated that he would amend his motion to that effect. Mayor Luby and Mayor Pro Tem de Ases expressed concern that the applicant was not present. Council Member Sample expressed the opinion that the Council should con- sider whether or not this is good zoning and vote accordingly, whether the appli- cant is present or not. Mr. Sample also pointed out that the Council has an opportunity to provide a buffer zone between the water tower and the "R -1B" zoning by approving this Special Permit. Mayor Luby called for the vote on Council Member Diaz' motion, and it passed by the following vote: Diaz, Gill, Lozano and Sample voting "Aye"; Luby Minutes Regular Council Meeting December 14, 1977 Page 17 and de Ases voting "Nay"; Gulley, absent. City Manager Townsend announced the public hearing on Application No. 1077-8, Mr. W. 0. Poldrack, for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on a tract of land out of Lot 7, Section 8, Bohemian Colony Lands, located on the east side of Ayers Street approximately 2,300 feet south of Holly Road. Mr. Townsend informed the Council that the Planning Commission and the Planning Staff both recommend denial but in lieu thereof that a Special Permit for a butane tank be approved, with the Plan- ning Staff further explaining that storing and retailing butane liquid gas is an objectionable use which requires not only "I-3" zoning but also a Board of Adjust- ment approval and that a separate ordinance governs dispersement of butane which must be met. Mr. Townsend further explained that the Staff recommends a Special Permit so that in case this particular operation ceases, the property would revert to "I-2" and the area would be protected from objectionable uses permitted under "I-3". City Manager Townsend stated that there was no response to the notices of the public hearing thatwere sent to affected property owners. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area, noting that most of the property in the area is vacant; and showed elides of the area. Mr. Wenger also displayed the site plan which was approved by the Planning Commission. No one spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Lozano, and . passed unanimously. Motion by de Ases that the Council concur with the recommendation of the Planning Staff and approve a Special Permit for the use as described; seconded by Sample; and passed unanimously. Minutes Regular Council Meeting December 14, 1977 Page 18 City Manager Townsend announced the public hearing on Application No. C1177-1, City of Corpus Christi, for change of zoning from "B-1" Neighborhood Business District to "R -1B" One -Family Dwelling District on Lots 13 and 14, Block 1, La Arboleda Subdivision, located on the west side of Eisenhower Street, approx- imately 55 feet south of Dunbar Street. He stated that both the Planning Commission and the Planning Staff recommend approval. Mr. Townsend reminded the Council that this application was filed on behalf of Mrs. Maria Salazar and Mr. Juan F. Gonzales as a result of their request to reduce the zoning in order to decrease the amount of their street improvement assessment andto zone the area according to the present uses. City Manager Townsend informed the Council that in response to the notices of. the public hearing, 2 in favor had been returned. No one spoke in regard to this application. Motion by Lozano that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by de Ases that the Council concur with the recommendation of the Planning Commission and the Planning Staff and the zoning be changed to "R -1B"; seconded by Lozano; and passed unanimously. City Manager Townsend requested that Administrative Assistant Tom Basile inform the Department of Engineering and Physical Development of this change of zoning so that the amount of the assessments may be reduced accordingly. City Manager Townsend announced the public hearing on Application No. 1177-6, Mr. Tim Clower et al, for change of zoning from "F -R" Farm -Rural District to "B-4" General Business District on Tract 1; to "A-2" Apartment House District on Tract 2; to "B-4" on Tract 3; to "AB" Professional Office District on Tract 4; to "R-2" Multiple Dwelling District on Tract 5; to "B-4" on Tract 6; to "A-1" Apartment House District on Tract 7; to "A-2" on Tract 8; to "R-2" on Tract 9; and to "R -1B" One -Family Dwelling District on Tract 10, consisting of a total of Minutes Regular Council Meeting December 14, 1977 Page 19 approximately 135 acres out of Flour Bluff and Encinal Farm and Garden Tracts and the Lokey Subdivision, located along the west side of Airline Road between Holly and Wooldridge Roads. Mr. Townsend stated that it is the recommendation of the Planning Commission that the zoning on Tracts 4, 5, 7, 9 and 10 be approved as requested; that Tract 1 be zoned "B-3" General Business District in lieu of "B-4"; Tract 2 be zoned "A-1" in lieu of "A-2"; Tract 3 be zoned "B-3" in lieu of "B-4"; Tract 6 be zoned "B-1" Neighborhood Business District in lieu of "B-4"; and Tract 8 be zoned "A-1" in lieu of "A-2". City Manager Townsend informed the Council that the Planning Staff recom- mends that Tract 1 be zoned "B-3" in lieu of "B-4"; that Tract 2 be zoned "A-1" in lieu of "A-2"; that Tract 3 be zoned "A-1" in lieu of "B-4", noting that access will be very difficult because of the NAS railroad tracks; that Tract 4 be zoned "A-1" in lieu of "AB"; that Tract 5 be zoned "R-2" as requested; that a portion of Tract 6 be zoned "B-1" with the remaining portion zoned "A-1" in lieu of the requested "B-4" (noting that according to the Master Transportation Plan, Airline Road will veer along the west boundary line of Tract 6 dividing it from the remain- ing tracts); that Tract 7 be zoned "R-2" in lieu of "A-1"; that Tract 8 be zoned "A-1" in lieu of "A-2"; that Tracts 9 and 10 be approved as requested. He also • stated that the staff had pointed out that Wooldridge Road will become a collector street and that its intersection with Airline Road should not be considered a major intersection, and a neighborhood shopping area would be a better use. Mr. Townsend also stated that in response to the notices of the public hearing, 4 in favor and 1 in opposition had been returned and that the Housing Authority had responded by saying that they have no basis for objection. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and explained the request, stating that all of this property is owned by one owner at this time. Mr. Tim Clower, co -applicant, explained the plans for the large tract. He stated that they plan to develop Tract 10, on which they have requested "R -1B" Minutes Regular Council Meeting December 14, 1977 Page 20 zoning, first. Mr. Clower indicated that they agree with all of the recommenda- tions of the Planning Commission. He informed the Council that a shopping center is planned for Tract 1; a sports complex which will include handball courts, tennis courts, a running track and gymnasium, is planned for Tract 3; they would like to build a professional building on Tract 4; and a small business center is planned for Tract 6'. ' Mr. Clower showed a number of slides of other areas of the City which indi- cated by overlays the percentage of use of different zoning. He pointed out that the trend in the City is for denser population through construction of more apart- ment complexes, indicating that the reason for this is the large increase in con- struction costs for single-family dwellings. No one spoke in opposition to this application. Mrs. Rosa Gonzales, member of the Planning Commission, stated that this application was discussed with other Commission members and informed the Council that she, personally, is in favor of the Staff recommendation in that she agrees with their concern about density and buffer zones. Motion by Diaz that the hearing be closed, seconded by Lozano, and passed unanimously. Motion by de Ases that the Council concur with the recommendation of the Planning Commission and that the zoning be changed accordingly; seconded by Sample; and passed unanimously. City Manager Townsend reminded the Council that there was a need to amend the ordinance passed on two readings changing the fee for land drilling permits from $200 to $500 to include the actions approved as a part of the City Manager's Reports. Council Member David Diaz moved, and Council Member Edward L. Sample seconded the motion that the ordinance amending Section 35-97 of the Corpus Christi City Code, 1976 Revision, read on the first two of three readings on October 19, 1977 and October 26, 1977, be amended prior to the final reading as follows: Minutes Regular Council Meeting December 14, 1977 Page 21 1. Amend Section 35-100, AMENDING DRILLING PERMIT, by amending the first sentence so as to provide for increase from $50 to $100 for service charge for amending an unexpired and unused drilling permit, said first sentence to hereafter read as follows: "The holder of an unexpired and unused drilling permit may, upon application and payment of a One Hundred Dollar 0100) service charge, obtain an amended drilling permit from the superintendent for the purpose of changing the surface location from a regular or irregular location to another regular location." 2. Amend Section 35-420, AMENDED PERMIT - UNUSED PERMIT, by amending the first sentence so as to provide for increase from $50 to $100 for the holder of an unused, unexpired drilling permit to obtain an amended permit, said first sen- tence to hereafter read as follows: "The holder of an unused, unexpired drilling permit may, upon application and payment of a service charge of One Hundred Dollars ($100), obtain an amended permit from the superintendent for the purpose of chang- ing the surface location from one regular or irregular location to another regular location." 3. Amend Section 35-113, SEISMIC SURVEYS, by amending the second sentence so as to increase the application fee from $50 to $100, said second sentence to hereafter read as follows: "Other geophysical systems employing the 'thumper', 'vibroseis' and other techniques not employing explosives will be permitted upon proper application and -the payment of a One Hundred Dollar ($100) application fee." 4. Amend Article III - BAY DRILLING, Division 16, PERMITS AND INSPECTIONS, by adding a new section, to be numbered 35-431, entitled ANNUAL INSPECTION FEE, and reading as follows: "Section 35-431. ANNUAL INSPECTION FEE. "There is hereby levied an annual per well inspection fee of Twenty - Five Dollars ($25) which shall be due and payable during the month of • January of each calendar year, and a failure to pay such fee shall be cause for revocation of any permit issued under this article. The super- intendent will prepare an annual well inspection report which is to be made available to the operators piior to January 1st of each year. In the event an intent to plug and abandon a well has been filed with the superin- tendent prior to January 31st, but which abandonment may not have been completed by January 31st, payment of said Twenty -Five Dollars ($25) fee for that well shall be excused provided such well is finally plugged and abandoned in accordance with this article prior to March 1st of that same year. A new well on which drilling operations are in progress on the 31st day of January shall be exempt from the Twenty -Five Dollar ($25) fee for the remainder of that calendar year." 5. Add repealer provision to the ordinance, to the effect that all ordi- nances or parts of ordinance in conflict with the above provisions are repealed to the extent of such conflict. 6. Add publication provision to the ordinance, to provide for publication of the caption of the ordinance, stating 'in substance the purpose of the ordinance, said publication to be in the official publication of the City of Corpus Christi. The Motion passed unanimously. Minutes Regular Council Meeting December 14, 1977 Page 22 Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING SECTION 35-65, DRILLING BLOCKS, OF DIVISION 3, DRILLING BLOCKS AND PRODUCTION UNITS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, SO AS TO PROVIDE FOR NEWSPAPER NOTIFICATION PRIOR TO AMENDING DRILLING BLOCK BOUNDARIES, BY ADDING A NEW SUBSECTION, TO BE NUMBERED (b), AS MORE FULLY SET FORTH HEREINAFTER; 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, Lozano and Sample voting "Aye"; Gulley, absent. FIRST READING: AMENDING ORDINANCE NO. 8879, THE LAND DRILLING ORDINANCE, AS AMENDED, BY AMENDING EXHIBIT "A" OF SUBSECTION 3.1 SO AS TO CHANGE THE BOUNDARIES OF DRILLING BLOCKS 1067, 1068, 1070, 1071, 1114, 1115, 1116, 1117, 1118, 1119, 1121, 1122, 1123, 1125, 1126, 1127, 1128, 1129, 1130, 1131, 1133, 1134, 1135, 1137, AND 1141, AND CREATING DRILLING BLOCK 1673, MAPS OF WHICH ARE ON FILE IN THE OFFICE OF THE PETROLEUM SUPER- INTENDENT; PROVIDING FOR SEVERABILITY; 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, Lozano and Sample voting "Aye"; Gulley, absent. FIRST READING: AMENDING SECTION 35-65 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY DESIGNATING ADDITIONAL 40 -ACRE DRILLING BLOCKS TO ACREAGE ANNEXED BY ORDINANCE NOS. 10865, 13468, 13498, 13701, AND 13988, AND CREATING NEW DRILLING BLOCKS 1667, 1668, 1669-1672 AND 1674. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. THIRD READING - ORDINANCE NO. 14067: 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 HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. THIRD READING - ORDINANCE NO. 14068: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting December 14, 1977 Page 23 ORDINANCE NO. 14069: APPROPRIATING OUT OF NO. 162 FEDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT ACTIVITY 4736, CODE 502, THE SUM OF $51,614.46, TO REIMBURSE THE NO. 141 WATER REVENUE FUND, ACTIVITY 5171, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED DURING JUNE AND OCTOBER, 1977, APPLICABLE TO HIGH TERRACE, LA ARBOLEDA, AND CASA BLANCA SUBDIVISIONS AND LOZANO SCHOOL AREA AS ALLOCATED IN THE THIRD YEAR COMMUNITY DEVELOP- MENT BLOCK GRANT CONTRACT FOR UTILITIES SYSTEM IMPROVEMENTS AND RELOCATIONS, AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14070: APPROPRIATING A TOTAL OF $27,540.22 AS FOLLOWS: $10,114.96 OUT OF THE NO. 220 STREET BOND FUND; $513.09 OUT OF THE NO. 245 AIRPORT BOND FUND; $2,689.51 OUT OF THE NO. 250 SANITARY SEWER BOND FUND; $88.99 OUT OF THE NO. 295 STORM SEWER BOND FUND; $427.57 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, ACTIVITY 4734, CODE 501; $13,706.10 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, ACTIVITY 4736, CODE 502; TO SUPPLEMENT $4,439.47 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION, MARKED EXHIBIT 'A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $31,979.69 TO THE N0. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING OCTOBER, 1977; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14071: AUTHORIZING THE CITY MANAGER TO EXECUTE TWO AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR CITY PARTICIPATION IN THE SIGNALIZATION OF SIX MAJOR INTERSECTIONS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; APPROPRIATING $6,780 OUT OF THE N0. 220 STREET BOND FUND, APPLICABLE TO PROJECT N0. 220-72-14.4, TRAFFIC SIGNALIZATION AT THE FOLLOWING SIX LOCATIONS: (1) LEOPARD AND TANCAHUA; (2) TANCAHUA AND LIPAN; (3) CARANCAHUA AND LIPAN; (4) LEOPARD AND CARANCAHUA; (5) AIAMEDA AND LOUISIANA; AND (6) STAPLES AND MORGAN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE N0. 14072: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE JAPANESE ART MUSEUM FOR THE OPERATION AND MAINTENANCE OF A MUSEUM, AS MORE FULLY SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARRED 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, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE N0. 14073: AUTHORIZING THE CITY MANAGER TO ACCEPT A REASSIGNMENT OF LEASE FROM GEORGANA CASTLE TO MARIANNE ELIZONDO AND OSCAR ELIZONDO, OF CERTAIN AIRPORT RESTAURANT AREA FOR SALE OF ALCOHOLIC BEVERAGES, AS MORE FULLY SET FORTH IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting December 14, 1977 Page 24 RESOLUTION NO. 14074: RESOLUTION URGING RENEWAL OF A LOAN AGREEMENT BETWEEN THE ENVIRONMENTAL PROTECTION AGENCY AND THE CORPUS CHRISTI AREA OIL SPILL CONTROL ASSOCIATION WHEREIN A MECHANICAL DEVICE FOR CLEANSING OIL SOAKED BEACH SAND IS PLACED IN THE CUSTODY AND CARE OF THE SPILL ASSOCIATION; INSTRUCTING THE CITY SECRETARY TO FURNISH TRUE COPIES OF THIS RESOLUTION TO APPROPRIATE OFFICIALS OF THE ENVIRONMENTAL PROTECTION AGENCY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14075: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR $46,329 FOR FOURTH YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM (R.S.V.P.) TO THE ACTIN AGENCY, A SUBSTANTIAL COPY OF WHICH GRANT APPLICATION IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CTTY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14076: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE YOUTH CONSERVATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM, PENDING GRANT APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14077: AUTHORIZING ACCEPTANCE OF A GRANT FOR SIXTH YEAR FUNDING OF THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT, A SUBSTANTIAL COPY OF SAID GRANT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO CONTINUE THE CRIME CONTROL UNIT; AND DECIARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14078: AMENDING THE MASTER SANITARY SEWER PIAN (1963) ADOPTED BY RESOLUTION NO. 7441 ON DECEMBER 23, 1964, AS AMENDED, BY DIVERTING APPROXIMATELY 30 ACRES AT THE INTERSECTION OF McKINZIE LANE AND McKINZIE ROAD FROM DRAINAGE AREA 28-A-2 TO DRAINAGE AREA 28-A-3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14079: 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 HAROLD 0. LUND BY GRANTING A SPECIAL COUNCIL PERMIT FORA DUPLEX ON LOT 19, BLOCK 36, POPE PLACE UNIT 5, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE 'SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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 December 14, 1977 Page 25 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Diaz, Gill, Lozano and Sample voting "Aye"; Luby and de Ases voting "Nay"; Gulley, absent. ORDINANCE NO. 14080: 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 W,O. POLDRACK, BY GRANTING A SPECIAL COUNCIL PERMIT FORA BUTANE TANK ON A TRACT OF LAND OUT OF LOT 7, SECTION 8, BOHEMIAN COLONY LANDS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREIN- AFTER; 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, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14081: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 13 AND 14, BLOCK 1, LA ARBOLEDA SUBDIV- ISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14082: 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. TIM CLOWER, ET AL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE FOLLOWING TRACTS OF LAND: TRACT 1, FROM "F -R" FARM -RURAL DISTRICT TO "B-3" GENERAL BUSINESS DISTRICT; TRACT 2, FRCM "F -R" FARM - RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; TRACT 3, FROM "F -R" FARM -RURAL DIS- TRICT TO "B-3" GENERAL BUSINESS DISTRICT; TRACT 4, FROM "F -R" FARM -RURAL DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; TRACT 5, FROM "F -R" FARM -RURAL DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; TRACT 6, FROM "F -R" FARM -RURAL DISTRICT TO "B-1" NEIGHBOR- HOOD BUSINESS DISTRICT; TRACT 7, FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; TRACT 8, FROM "F -R" FARM -RURAL DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; TRACT 9, FROM "F -R" FARM -RURAL DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; TRACT 10, FROM "F -R" FARM -RURAL DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT; SAID TRACTS BEING MORE PARTICULARLY DESCRIBED HEREINAFTER; 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, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting December 14, 1977 Page 26 Mayor Luby called for petitions or comments from members of the audience. Mr. Joe McManus addressed the Council and referred to his appearance dur- ing the Council Meeting of August 17, 1977, at which time he had requested a waiver of the water line requirements of the Platting Ordinance as it applies to Lots 9 and 10, Block 1, Wedgewood Terrace, Unit II. Mr. McManus reminded the Council that this matter was discussed during the Workshop Meeting of August 24, 1977, at which time the suggestion was made that abutting property owners be assessed to assist with the cost of the water line. He further stated that he understood that the Staff had submitted a plan to the City Manager about two months ago, and that he was appearing before the Council today .to ascertain just what the status is on this matter. City Manager Townsend stated that this is a complex problem and he will not have a firm recommendation on this until it is determined what will be gener- ated in Flour Bluff by this request. Mayor Pro Tem de Ases asked that this item be placed on the agenda for discussion in order that the affected Department Directors may present their reports to the Council. City Manager Townsend stated that this matter will be on the agenda next week but indicated that the Staff does not recommend waiving the water requirements because this would affect the entire City. * * * * * * Speaking on another matter was Mr. David Saenz, 1430 - 17th Street. Mr. Saenz expressed the opinion that Athena Cablevision should be allowed to continue their franchise with the City and stated that he felt that the addition of Home Box Office to the service provided by Cablevision would assist the company in solving their financial difficulties. Council Member Diaz assured Mr. Saenz that the Council Members are trying to be as fair as possible on this matter. Mr. Saenz pointed out that Athena Cablevision is not the only party that is in violation of their franchise with the City. Minutes Regular Council Meeting December 14, 1977 Page 27 Mayor Luby stated that he had received a number of complaints from citizens about the X-rated films that have been shown on Home Box Office by Athena Cablevi- sion. Mr. Clyde Nichols presented a petition signed by 286 citizens urging that the City Council take immediate action on improvement of the Senior Community Services Program on the following items: (1) A complete re-examination of the policies and directions of this Program; (2) Increased attention to the Federal Guidelines which call for older persons to have significant voice in the operation of such programs; (3) Employment of more older persons in the operations of the program; and (4) Reinstatement of Geraldine Woods as Director of Recreation and Activities. (Petition No. 14-77) City Manager Townsend explained that Mrs. Geraldine Woods was employed as a Recreation Director under Title III component of the Senior Citizens staff; two positions were eliminated from the program by the Federal government through the State; funds are no longer available for the two positions; but he assured the Council that the staff is making every effort to place the two women involved in other positions in the City. He stated that,in fact, Mrs. Woods has been offered another position in the Senior Citizens Program at a 5% decrease in salary, which she had refused to accept. Mr. Townsend also informed the Council that Mrs. Woods and the other lady are presently employed on a temporary basis. City Manager Townsend stated that this matter is not properly before the Council. Council Member Diaz explained to Mr. Nichols that there is nothing that the Council can do about this matter and stated that similar situations occur when Federal funds are no longer available. City Manager Townsend stated that this is a complex matter, and he will be glad to provide a report. Mrs. Vanilla Guy, 1706 Hemlock Place, speaking as a representative of the NAACP, stated that Mrs. Woods had invited this organization to enter the case since she felt that she had been terminated from her position because of discrimination. Minutes Regular Council Meeting December 14, 1977 Page 28 Mrs. Guy stated that Mrs. Woods felt that in similar situations, other employees had been retained. She admitted that although Mrs. Woods had been offered another position at a Grade 14, it would have been under the same supervisor. Mrs. Guy informed the Council that NAACP had examined the evaluation reports on Mrs. Woods, and they had all been very good when she was employed under another supervisor, but after she was assigned to a different supervisor, her last evaluation report had not been as good. Mrs. Guy stated that the NAACP feels very strongly about Blacks being eliminated from the program. She stated that their organization had not received a report from the City in regard to this matter and that they will take further action if the City does not work better with NAACP. Mrs. Guy further stated that they had recommended that Assistant City Manager Archie Walker go out to the Senior Citizens Centers to see just what is occurring. Council Member Diaz asked that Mrs. Guy provide the Council with a report in regard to her allegations that there is wrongdoing in the program. Mrs. Guy stated that Mrs. Woods' personnel file will indicate her evalua- tion ratings prior to the change in supervisors. She also indicated that the NAACP is not through with this case. City Manager Townsend stated that this is not the place to judge the quality of any employee at this time. He further explained to the Council that two positions were no longer funded through the program -- one was Mrs. Woods' position and the other was a position held by an Anglo lady. Mr. Townsend stated that it is unfortunate that the matter has grown into a side issue. Council Member Gill inquired as to how the budget classifies these employees, and City Manager Townsend replied that the budget will have to be amended to delete these two positions. At Council Member Sample's request, Mr. Nichols explained his involve- ment in the case. He stated that Mrs. Woods was a Recreational Counselor, and he had worked with her for a number of years. He also explained to the Council how much she had done for a large number of senior citizens who were in dire situations, working with them on an individual basis. Minutes Regular Council Meeting December 14, 1977 Page 29 Assistant City Manager Walker stated that he had spent a great deal of time on this matter; there is no criticism of the quality of Mrs. Woods' work; and that it is unfortunate -that the program was cut back; the State agency ruled that this cutback was in order; and the City eliminated the two positions from the program. Mr. Walker assured the Council that the staff is attempting to solve the problem and are trying to find other positions for both of the ladies involved. He further stated that Mrs. Woods had been offered the Grade 14 posi- tion in lieu of the Grade 16 position she had formerly held, but the NAACP had indicated that they wanted her retained in the Grade 16 position and they intended to see that this was done. Mr. Walker pointed out that there is no organization involved in helping the Anglo lady who was also dismissed, but the staff is trying to work out that also. City Manager Townsend pointed out that the position offered Mrs. Woods was an "outreach" position working with people on a one-to-one basis, which is just the type of job that Mr. Nichols had indicated that Mrs. Woods does so well. He also pointed out that the white lady has not been offered another position yet; both of the employees are temporarily on the payroll; and the staff is attempting to work out the problem. Mrs. Guy spoke in rebuttal to Mr. Walker's remarks and stated that NAACP is concerned with the white lady, but they do not become involved in cases unless they are asked in writing to do so, which Mrs. Woods had done. Mr. Danny L. Terry, 1629 Hickory, Youth member of the Human Relations Commission, addressed the Council, stating that he is the only Black member of this Commission. Mr. Terry read a statement explaining his actions at the November 10, 1977 meeting of the Human Relations Commission as it pertained to the appointment of Mr. Charles Nichols to this Commission. Mr. Terry urged that the Council correct their mistake in not appointing a Black to the Commission at the time of Mr. Nichols' appointment by appointing a Black at this time and also Minutes Regular Council Meeting December 14, 1977 Page 30 suggested that a Black be appointed to every board and commission in the City. Mr. Terry also suggested that the Council take more care in making appointments to the various boards and commissions and that the appointments be made promptly as soon as vacancies occur. Mayor Luby took exception to Mr. Terry's remarks and pointed out to him that he was Black and had been appointed by him to the Human Relations Commission and confirmed by the Council. Mayor Luby also requested that Mr. Terry present to the Council a list of citizens who are interested in serving on boards and commissions for the City. Mr. Terry stated that he knows that he cannot make appointments to boards and commissions but he can certainly provide names of Blacks who are interested in serving. Council Member Diaz stated that he will continue to vote for the best qualified appointees to boards and commission, regardless of their color or race. Council Member Lozano expressed the opinion that Blacks are already well represented on the boards and commissions. Council Member Gill asked the members of the Council if they thought it would be in order for them to pass a resolution expressing to the Navigation District their concern about the silting in the Channel. In regard to this matter, City Manager Townsend stated that he had talked to Mr. Harry Plomarity, Port Director of the Port of Corpus Christi; informed him that he would like to have a full report on the existing problem; and assured the Council that this will be presented next week. Mayor Luby stated that he had been unable to obtain any information from Mr. Plomarity in regard to the Navigation District. City Manager Townsend further stated that there is not much doubt that a lot of the problems have been brought about by environmental concerns and indi- cated that he would like to arrange a meeting between the Council and the Naviga- gation District. • 1 • .8 Minutes Regular Council Meeting December 14, 1977 Page 31 Mayor Luby expressed the feeling that the Navigation District is being evasive in regard to the Channel and suggested that a meeting be arranged as soon as possible. Mayor Pro Tem de Ases suggested that the report from Mr. Plomarity be discussed during the Workshop Meeting, and if necessary, an additional meeting could be arranged for 4:00 p.m. in the afternoon. * Council Member Gill requested information in regard to the CETA meeting scheduled for Thursday. Mr. Juan Bosquez presented a report on the issues to be discussed at the meeting and stated that the primary issue was the distribution of funds for the youth program. * * * * * * There being no further business to come before the Council, on motion by de Ases, seconded by Diaz, and passed unanimously, the meeting was adjourned at 6:30 p.m. December 14, 1977.