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HomeMy WebLinkAboutMinutes City Council - 01/04/1978{ 1)--)0))' PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 4, 1978 2:00 P. M. *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz **Ruth Gill Bob Gulley Gabe Lozano, Sr. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall in the temporary absence of Mayor Jason Luby, who was conducting official City business in his office. The Reverend A. D. Norris of Tuloso-Midway Baptist Church gave the invo- cation. 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 Lozano that Council Member Sample be excused from the meeting because of illness; seconded by Diaz and passed unanimously. Mayor Pro Tem de Ases announced the bid opening for the runway surface treatment and restriping at the International Airport. Mr. James K. Lontos, Director of Engineering and Physical Development, explained the scope of the project and the reason for the two alternates. He also informed the Council that the additive alternate provides for the striping only; *Mayor Luby arrived at the meeting at 2:14' p.m. City Secretary Read verified that three bids, properly sealed, had been received in the office of the City Secretary prior to 2:00 p.m. The bids were opened by Mr. Read and read by Mr. Lontos. The first bid opened was from Mission Paving Company of Mission, Texas, and Mr. Lontos noted that a bid bond had been submitted with the bid rather than a bid security check, which is required according to the City's General Specifi- cations. City Attorney J. Bruce Aycock expressed the opinion that since the sealed bid had been opened, it would be proper to read the bid, with the under- standing that it would be recorded that it was an irregular bid. In reading the Minutes Regular Council Meeting January 4, 1978 Page 2 bid, Mr. Lontos indicated that an apparently erroneous figure had been listed for Alternate No. 1. Mr. Lontos then proceeded to read bids from the following com- panies: J. A. Reke & Son, Eldorado, Ohio; and Abacus Corporation, Corpus Christi. Mayor Luby stated that the bids will be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. Council Member Gill inquired as to why no bids were received the first time this project was advertised. Mr. Lontos replied that there was a problem with the striping, with the removal of some of the rubber from the runway, and some of the local contractors had encountered difficulties in submitting a bid since they did not have the type of equipment required to complete the project. * Mayor Luby recognized the Reverend Harold Branch, who was present in the audience. Reverend Branch then introduced Mr. Bryan Barrows, III, a member of the Black Coalition. Mr. Barrows thanked Mayor Luby for issuing the proclamation, "CONSUMER DAY" for February 8, 1978, and requested that the Council Members and local citi- zens join the Black Coalition in encouraging local merchants to participate in this event by voluntarily reducing their prices for this day, thereby allowing the people of Corpus Christi to take advantage of the reduced prices in order to bolster sales and subsequently the economy of the City. * * * * * * Mayor Luby welcomed Mayor J. M. Edmondson of the City of Mathis to the meeting. Council Member Diaz referred to a letter received by the Council Members from Mayor Edmondson and asked about the status of the execution of the water contract with the City of Mathis which had been authorized by Council action. City Manager R. Marvin Townsend informed the Council that he was not aware of the urgency in the matter and that he had signed the contract that day. Mr. Townsend stated that there was a problem in connection with the contract as it relates to the cost definition, but an amendment to the contract could be a T. es Regular Council Meeting January 4, 1978 Page 3 presented for Council action at a later date. * * * * Mayor Luby announced the public hearing on the Fourth Year Community Development program application. City Manager Townsend stated that the law requires that two public hearings be held on the Fourth Year Community Development program applications; the first hearing was held on December 21, 1977; this is the second hearing; and informed the Council that the information is the same as that presented in the first hearing. He suggested that Mayor Luby ascertain if anyone present would like to have a full presentation on the proposed application. Mayor Luby determined that no one in the audience desired to have the full presentation repeated. City Manager Townsend presented the following pro- jects proposed to be included in the Fourth Year Community Development application: STREET IMPROVEMENTS C.D. FUNDS TOTAL PROJECT COST Lamar School Area Unit II $ 530,000 $ 720,000 Broadmoor Park 360,000 485,000 Ella Barnes Unit I -B . 550,000 750,000 Total:' $1,440,000 $1,955,000 UTILITY IMPROVEMENTS .$ 508,600 $ 508,600 DEMOLITION AND HOUSING RECONSTRUCTION $ 500,000 500,000 MAIN DRIVE DRAINAGE $ 275,000 $ 275,000 WATER LINE PROJECTS Monte Vista $ 68,000 Mussett Addition 115,000 Morgan Tank 148,000 Hampton South End 207,000 Alameda Street, Laredo to Elizabeth 112,000 Blucher Park Area 51,000 Bay View Area 91,000 Total: $ 792,000 $ 792,000 .COMMUNITY DEVELOPMENT AND NEIGHBORHOOD PLANNING $ 100,000 $ 100,000 WEST OSO SIDEWALK IMPROVEMENTS $ 75,000 $ 75,000 MINORITY & SMALL BUSINESS ASSISTANCE PROJECT $ 25,000 $ 25,000 • ADMINISTRATION $ 300,000 $ 300,000 Minutes Regular Council Meeting January 4, 1978 Page 4 C.D. FUNDS TOTAL PROJECT COST • WASHINGTON-COLES CLEARANCE AND REDEVELOPMENT PROJECT $ 300,000 $ 385,000 DEMOLITION PROGRAM City Wide Downtown Redevelopment District HIALCO PROJECT Kitchen Expansion Building Rehabilitation $ 100,000 100,000 Total: $ 200,000 $ 35,000 25,000 Total: $ 60,000 BOYS' CLUB POOL RENOVATION $ 80,000 NUECES ACRES SANITARY SEWER $ 175,000 $ 200,000 $ 60,000 $ 80,000 $ 175,000 GRAND TOTAL: $4,830,600 $5,430,600 City Manager Townsend continued by stating that this application is for the year that begins June 1, 1978, and briefly described the projects to be included in the application. Be stated that the projects were explained at length during the hearing conducted on December 21 and that this program is proposed by the staff and the Planning Commission and the total program application is in the amount of $4,830,600. Mayor Luby inquired if anyone in the audience desired to speak in regard to this application. Mrs. Pat Sullivan referred to the funds proposed for the Demolition Program in the Downtown District in the amount of $100,000 and inquired about the funds previously designated for this purpose. City Manager Townsend replied that this amount is for the application that will be effective from June 1, 1978 through May 31, 1979. Mr. W. Thomas Utter, Community Development Coordinator, explained that in the Third Year Community Development program, $50,000 was appropriated for demolition and none of those funds have been expended., He further explained that the $100,000 figure under discussion at this time is for the Fourth Year Program application. Y Minutes Regular Council Meeting January 4, 1978 Page 5 Mrs. Pauline Clarke inquired about the project listed as Nueces Acres Sanitary Sewer Improvements, indicating that she understood that this area is off Sharpsburg Road and is outside the City limits. City Manager Townsend explained that the Sharpsburg Road area is already being served with sanitary sewer service and is called the San Juan Addition, which is outside the City limits. He further informed Mrs. Clarke that Nueces Acres is located at the extremity of the City limits at -Violet Road. No one else spoke in regard to the Fourth Year Community Development program application. Motion by Gulley that the hearing be closed and the proposed application be approved; seconded by de Ases; and passed unanimously. * * * * * Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that six months supply of automotive parts for the Transit, Maintenance Services and Fire Department garages be purchased from the following firms on the basis of low bid: HOLLIS NEESE AUTO PARTS, Corpus Christi Lot I Chassis Parts $ 1,150.00 Lot II Miniature & Sealed Beam Lamps, Flashers 1,650.00 Lot V Brake Parts 4,800.00 Lot VII Rubber Products 1,800.00 Lot X U -Joints 650.00 Lot XI Windshield Wiper Blades 1,100.00 Lot XII Caps & Thermostats 250.00 Lot XIV Wire Sets 2,000.00 Lot XVI Reflectors, Mirrors & Lens 2,500.00 Lot XVII Switches - Universal Type 470.00 $16,370.00 MOTOR PARTS CO., Corpus Christi Lot III Lot IX Lot XIII Exhaust System Parts Shock Absorbers Fuel Pumps JOBBERS WAREHOUSE, Corpus Christi Lot IV Clutch Parts Lot VI Alternators, Starters & Pumps Lot VIII Hose Clamps Lot XVIII Gaskets $ 4,000.00 2,600.00 250.00 $ 6,850.00 $ 2,800.00 6,800.00 300.00 300.00 $10,200.00 Minutes Regular Council Meeting January 4, 1978 Page 6 COASTAL DISTRIBUTING CO., INC., Corpus Christi Lot XV Bearings & Seals EST. GRAND TOTAL $ 1,050.00 $34,470.00 Bids were received from six firms. An estimated 5% savings will be realized by taking formal bids as opposed to purchase on the open market as needed. b. Recommendation that contract amendments be approved with the Federal Aviation Administration to provide for 100% reimbursement for electricity in the tower building and for navigational aids. Existing contracts, providing fixed fee reimbursements, do not cover 100% of the costs and were executed prior to the CP&L rate increase. The amendments are retroactive to July 1, 1977. c. Recommendation that the Title II and Title VI Personnel/CETA supervision staff be increased from 13 to 16 by the addition of 2 Administrative Assistants I, (Grade 23) and 1 Administrative Aide (Grade 18). The total staff would then include: 1 Project Director, Grade 31 3 Administrative Assistantsll, Grade 27 2 Administrative Assistants I, Grade 23 6 Administrative Aides, Grade 18 1 Personnel Technician, Grade 14 1 Senior Clerk Stenographer, Grade 14 2 Senior Clerk Typists, Grade 12 The added staff is recommended to increase the ability to recruit and place approximately 300 additional Title VI applicants by February 28, 1978. The increased level was recently approved by the Coastal Bend Consortium Executive Committee. The staff will administer public service employment positions with the City, Sub -Agents and Other Agency work sites. Administrative personnel costs from August 1, 1977 through November 30, 1978 (16 months) were projected at $206,450. Total personnel costs to date and for the proposed revision is estimated at $194,450 through September 30, 1978 (14 months). Planned enrollment for Title II (126) and Title VI (859) contemplates 985 City CETA participants by February, 1978. City Manager Townsend emphasized that this increase in personnel for CETA supervision is necessary since the City will have 1,000 CETA personnel directly under this staff by February. He stated that the CETA staff has been analyzed by Mr. Chuck Speed, Personnel Director; Mr. Kelly Elizondo, CETA Project Director; and Mr. Rick Mertz, Administrative Assistant, and they all recommend the increase in staff. Council Member Diaz referred to the advertising for CETA personnel in the local newspapers and inquired if the response had been favorable. Mr. Townsend assured the Council that the City is doing everything possible to attract people to the CETA program and stated that he would ask Mr. Elizondo to provide further information later in the meeting. (Later in the meeting Mr. Elizondo informed the Minutes Regular Council Meeting January 4, 1978 Page 7 Council that prior to the advertising, the staff had been obtaining an average of 32 applicants from TEC per week and that as a result of the advertising, they had G fuL been able to refer 18 applicants in one day.) d. Recommendation that the 1977-78 Personnel Department Budget be amended by adding one Senior Clerk Typist (Grade 12) and one Administrative Assistant II (Grade 27) for operation of the unemployment compensation program. Effective January 1, the City must provide unemployment compensation benefits for all terminated employees. All such claims will be administered through the Texas Employment Commission. The additional staff will maintain the filing and follow-up systems through which employee claims for unemployment insurance benefits will be received, verified, and appealed when necessary. The cost of staffing and related office equipment and supplies is estimated at $17,177 for the remainder of the fiscal year. Corpus Christi and over 1275 othargovernmental entities have filed a lawsuit challenging the constitutionality of the federal act, but the City must comply until and unless the lawsuit is won. The City Council has previously determined that the City will be a reimbursing employer and will be self-insured. City Manager Townsend explained the self-insurance program and stated that the staff felt that this program necessitates additional personnel to administer the program. Mr. Townsend also stated that there are very few terminations after employees have completed their six -months probationary period, but any terminations after January 1, 1978 should be carefully examined. e. Recommendation that a new position of Permit Officer,"Grade 23, be established in lieu of the Chief Permit Clerk, Grade 18, so that permit issuing procedures can be simplified and the responsibilities of this now vacant position increased. The proposed position will be able to approve routine change of use, sign, and repair permits, rather than having to refer the permit to one or more reviewers. Council Member Lozano inquired -Of -the City Manager if the staff has anyone in mind for the new Grade 23 position and if employees currently working in the Permit Section would be qualified for the job. City Manager Townsend stated that all of the inspectors in that section are Grade 23 or above; the new position is not a clerical position; and the only other employees are cler- ical personnel. He further explained that the new position should be filled by an employee who is familiar with the building codes, sign requirements, zoning, etc., and the staff did not feel that the clerical personnel would be qualified for the new position. Mr. Townsend also stated that the qualifications listed for the new position required a Bachelor's Degree and two years of experience working with the public, or a total of six years in a related job. City Manager Townsend assured the Council that this did not preclude the possibility of a Minutes Regular Council Meeting January 4, 1978 Page 8 City employee currently employed being considered for this position, but the staff does not feel that anyone currently employed in the Permit Section is qualified. Council Member Gulley indicated that he was glad to see that the staff in this section is being upgraded since they deal with the public primarily and it is important that they present a good image for the City. Council Member Gill inquired about the procedure to provide funds for an upgraded position, and City Manager Townsend replied that if the Activity is over- drawn with additional salaries, it is necessary to transfer funds for the salary from the Reserve Fund. f. Recommendation that plans and specifications for construction of the Broadway Wastewater System Improvement Stage I be approved and bids be received on February 22, 1978. The plans have been approved by the Environmental Protection Agency, and the Texas Department of Water Resources. EPA has approved a grant of $2,733,000. The local share will be provided from funds approved in the 1972 and 1977 bond elections. The project includes construction of a 100 foot diameter clarifier, sand filters, aerobic digester, sludge dewatering system, chlorinator and related site improvements. Four existing 160' diameter rock filters will be rehabilitated and four final 4ffluent-pumps will be replaced. City Manager Townsend reminded the Council that this item was withdrawn from the agenda last week in order for the staff to provide an explanation of the change from the original plan for the handling of sludge. Mr. Townsend explained the three steps involved in the Environmental Protection Agency funding, stating that Step 3 is the construction portion. City Manager Townsend explained the present method of drying sludge at the plant which involves the use of a vacuum filter followed by heat drying in a rotary kiln, a method that requires a considerable amount of gas. He informed the Council that this method was included in the Facility Plan when it was approved. He further stated that since that time, the consulting engineers have recommended that the sludge from this plant be dried by a belt press process and transported by truck to the dump. Mr. Townsend assured the Council that appro- val of these plans today does notiCanc'1_ude that the belt press process will actually be included in the rehabilitation of the Broadway Plant, indicating that the method recommended by the consulting engineers may not be the method finally used for dry- ing sludge. He emphasized that the sludge drying method finally adopted would be Minutes Regular Council Meeting January 4, 1978 Page 9 included in the third phase of this project, and if the belt -press drying pro- cess and subsequently hauling the dried sludge to the dump proved not to be feasible, that method could be changed in the third stage of the construction. Mayor Luby expressed the opinion that the belt press drying process is not a very good method. City Manager Townsend indicated that he also had some questions about this method because of the possibility of liquid at the landfill which would involve many problems. Council Member Diaz stated that he does not approve of this plan because it includes carrying the partially dried sludge to the dump in trucks and men- tioned the possibility of leakage. Mr. Douglas Matthews, Director of Public Utilities, stated that the material would be about 25% solid matter following the belt press drying and agreed that the plan would have to be carefully examined. City Manager Townsend stated that he felt sure that the engineers will solve this problem before the third stage of the contract is ready for bidding and assured the Council that a report will be ready for them before that time. g. Recommendation that the specifications for the receipt of bide on January 18, 1978, for the lease of City -owned minerals under 858 acres at the Airport be amended to provide for a minimum bonus of $50.00 per acre instead of $100.00 per acre. This. amendment will make the minimum bonus comparable to bonuses on other oil and gas leases in the area. In regard to this item, City Manager Townsend stated that a letter had been received from a party who is interested in this lease which indicated that they are not prepared to offer a bonus of $100 per acre because they felt that this was too high; therefore, it is recommended that the minimum be reduced to $50 per acre. Mayor Luby stated that he is in favor of the $100 bonus because the companies leasing City property are more inclined to drill if they have to pay a bonus and suggested that the contract should require that drilling be started as soon as possible. City Manager Townsend stated that all that is being asked at this time is approval to receive bids. He also explained that this is the first time a Minutes Regular Council Meeting January 4, 1978 Page 10 bonus of that amount has been required. Mayor Luby reiterated that there should be something in the contract to assure that the oil company will drill. City Manager Townsend stated that it was felt that drilling at this location will com- mence since drilling is being conducted in the general area. He also stated that the bids will be received in two weeks and it is possible that the bids may come in with a higher bonus. Considered out of sequence was the following City Manager's Report: i. Recommendation that a contract be approved with the Corpus Christi Area Women's Shelter, Inc., for $15,000 for the provision of a shelter and counseling services for battered women. In regard to this item, Council Member Gulley referred to the contract between this organization and the County of Nueces and questioned the statement included in that document which indicates that the contract is subject to avail- able budgeted funds and the continued determination as to the legality of the County's participation. City Manager Townsend stated that he feels that the County Attorney was trying to determine whether or not this is a County function. Council Member Gulley inquired if the City would include such a clause in their contract with the Women's Shelter, and City Attorney Aycock stated that the contract will be prepared so that the document will be legal. h. Recommendation that a Title VI Comprehensive Employment and Training Act contract modification with the Corpus Christi State School be approved to incorporate one clerical position to the previously approved special project increasing the positions authorized from 45 to 46. Since the position will be funded with existing money from personnel turnover, the $282,600 contract will not need to be increased. Recommendation that Title VI CETA Work Site Agreements be approved with the Texas Employment Commission for one Community Service Aide to assist the Work Incentive (WIN) staff in referring and recruiting WIN recipients for CETA jobs and the Family Counseling Service for one Administrative Aide to assist staff in gathering data which will provide information to evaluate agency services and family needs. The positions are recommended for funding through September 30, 1978 and will be outstationed at the work sites. j• City Manager Townsend informed the Council that both of these items involve additional CETA Title VI positions and presented to the Council copies of the job descriptions of the positions, briefly explaining the function of the recommended positions. Minutes Regular Council Meeting January 4, 1978 Page 11 Council Member Gill inquired about the improvements for the sidewalks in the downtown area, stating that she understood that CETA personnel would be assigned to this. City Manager Townsend stated that the problem with this job and many others is in obtaining a supervisor to work with the CETA personnel and indicated that some budget modifications are being made to take care of this problem. Administrative Assistant Richard Mertz stated that training of personnel is being considered by the CETA administrative staff. There being no further discussion by the Council on the City Manager's Reports, Mayor Luby called for comments from the audience on the City Manager's Reports. Mayor Pro Tem de Ases requested that, in view of the Council discussion in regard to Item "e" which involves the upgrading of a position in the Permits Section of the Building Division, the Council be provided a report when the position is filled. Mrs. Joy Yates, President of the Corpus Christi Area Women's Shelter, Inc., inquired about the status of the CETA request for staff people. Mr. Townsend stated that the positions have been approved and this will be pre- sented to the Council next week. Council Member Gill suggested that since this was discussed in Workshop Meeting and the Council agreed to these positions, that these be considered as a part of the City Manager's Reports today. City Manager Townsend agreed and added the following item: k. Recommendation that Title VI CETA Work Site Agreements be approved with the Corpus Christi Area Women's Shelter, Inc., for a Senior Clerk -Typist, Community Service Aide and Administrative Aide. The positions are recom- mended for funding through September 30, 1978 and will be outstationed at the work sites. Motion by de Ases that the City Manager's Reports, Items "a" through "k" be approved; seconded by Diaz; and passed unanimously. Minutes Regular Council Meeting January 4, 1978 Page 12 Mayor Luby announced the public hearing on four zoning applications. City Manager Townsend advised the Council that the representative of the applicant on Application No. 1177-7, Crestmont Properties, Mr. Tim Clower, had requested that this application be withdrawn from consideration. Mayor Luby inquired if anyone in the audience was present in connection with this application, and there was no response. City Manager Townsend announced the public hearing on Application No. 1177-2, Ms. Angie H. Saenz, for change of zoning from "R -1B" One -Family Dwell- ing District to "B-1" Neighborhood Business District on Lots 20 and 21, Block 2, Stonegate South Unit I, located at the southwest corner of Everhart Road and Bonner Drive. He informed the Council that the Planning Commission recommends that the application be denied but in lieu thereof a Special Permit be approved for professional office uses, and the Planning Staff recommends denial. Mr. Townsend stated that in response to the notices of the public hear- ing, six in opposition and none in favor had been returned. He also advised the Council that the 20% rule was in effect. Mayor Luby pointed out that only six members of the Council are present and mentioned that the usual procedure is to wait until all Council Members are in attendance before voting on zoning cases. City Manager Townsend assured him that the ordinance will not be presented until all seven members of the Council are present but indicated that it would be proper to hear the case and either approve or deny the zoning application. Chief Planner Larry 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 stated that the property is vacant. Speaking in favor of the change of zoning was the applicant, Ms. Angie H. Saenz, 917 Booty Street. Me. Saenz explained that she is the owner of the two lots; the property had originally been purchased by her and her husband with the Minutes Regular Council Meeting January 4, 1978 Page 13 intention of building a home there; since that time, the property across Bonner Drive had been zoned "AB"; the traffic is so congested now that the lots are not suitable for a residence; and they now wish to construct professional offices on the lots. She pointed out that on all of the corners of the area businesses are located and that she feels that there is no other use for these lots. Ms. Saenz further explained that they plan an entrance on Bonner Drive rather than Everhart Road to avoid some of the congestion on that street. She requested Council approval of either "AB" zoning or a Special Permit since it is not suita- ble for homes. Council Member Gill referred to the deed restrictions on the property that were mentioned during the Planning Commission hearing. Ms. Saenz stated that Mr. Paul Koepke, the designated representative for the Architectural Control Committee, had prepared a document changing the deed restrictions on these two lots to allow the construction of a professional office building and presented copies of the document to the Council. Council Member Gill inquired of the staff if this instrument does in fact release the property from deed restrictions. Mr. Wenger informed her that the only thing the Architectural Control Committee can relinquish is their con- trol over the subdivision, but the property owners in the subdivision are the only ones who can determine whether or not the deed restrictions are still in effect. Mayor Pro Tem de Ases noted that the deed restrictions in this subdivi- sion are supposed to run through 1986. Mr. Wenger stated that deed restrictions are private contracts and the Council is not bound by deed restrictions. Council Member Diaz asked for a legal opinion on the matter of deed restrictions, pointing out that property owners purchased homes with the under- standing that the deed restrictions would be in effect and questioned whether or not they can be waived by the Architectural Control Committee for one owner. Minutes Regular Council Meeting January 4, 1978 Page 14 City Attorney Aycock expressed the opinion that it is possible for an Architectural Control Committee to waive deed restrictions in some cases, but stated that it would depend on just what authority was given to the Committee in this particular case. He also stated that it is up to the property owners to challenge the waiving of deed restrictions and that this is a private matter between citizens. City Manager Townsend stated that zoning is completely separate from deed restrictions and also agreed that deed restrictions are a private matter, indicating that the City cannot enforce deed restrictions. Also speaking in favor of this zoning change was Mr. Jack Colmenero, 1021 Airline Road, designer, who stated that he prepared the site plan for the applicant. He stated that the plan included approximately 3,000 square feet of professional office space with 15 offstreet parking spaces and one access from Bonner Drive. Speaking in opposition to the application was Mr. Tom McDowell, 315 United Savings Building, Attorney representing Dr. Joseph Rupp, who is a resi- dent of an adjoining subdivision. Mr. McDowell stated that he is appalled at the request for change of zoning to "B-1" to allow for construction of an office building in this relatively new subdivision containing lovely homes. He ques- tioned the authority of Mr. Koepke to waive the deed restrictions since he does not live in the subdivision and no longer has an interest in the area, pointing out that there is nothing in the deed restrictions that permits him to do• this. Mr. McDowell stated that he felt that even though deed restrictions are not the business of the Council, they should be made aware of the restrictions in consider- ing zoning cases. He also predicted that if this zoning is approved, a lawsuit will result. The next citizen speaking in opposition to this application was Dr. Joseph Rupp, 4509 Coventry Lane, who stated that this area is already very con- gested; the access from the area is very poor; questioned the right of Mr. Koepke Minutes Regular Council Meeting January 4, 1978 Page 15 to waive the deed restrictions; and expressed the opinion that there would be no problem in constructing a residence on these two lots. Mr. Carl Clayton, 4701 Bonner Drive, stated that he has already been involved in zoning changes in this area; the area is very congested; and the people using the services of the professional offices in the area have invaded the neighborhood to park on Bonner Drive and use the residents' driveways to turn around. Mr. Clayton requested that the Council deny this change of zoning. Mrs. Mary Ann La Rocca, 4649 Bonner Drive, also spoke in opposition to this request and emphasized that the residents on this street have already suf- fered'enough as a result of the increased traffic on the street created by the professional offices at this corner. She also stated that she and the other residents were under the impression that the deed restrictions would provide protection from invasion of the neighborhood for business uses. Another area resident speaking in opposition to the request was Mr. Jack Shelton, 4718 Coventry, who asked if this application is denied today, would it be possible for the applicant to request the change of zoning at a later date. City Manager Townsend stated that an application can be brought up again, but the whole process has to be started again. In rebuttal of some of the remarks made by those in opposition, Ms. Saenz stated that Mr. Koepke does have an interest in the subdivision; he waived the deed restrictions because he is aware that the character of the neighborhood had been changed by approval of the professional office building across from her property; and pointed out that ample offstreet parking would be provided. Dr. Rupp spoke again and expressed the opinion that if the deed restric- tions are waived and this application is approved, other property owners will request rezoning and the entire neighborhood will be business oriented. Mr. Shelton inquired of Ms. Saenz as to what interest Mr. Koepke has in the area, and she replied that he has retained mineral rights. Minutes Regular Council Meeting January 4, 1978 Page 16 Motion by Gulley that the hearing be closed, seconded by de Ases, and passed unanimously. Council Member Gulley stated that he feels that the residents of the subdivision should be protected by their deed restrictions and voiced the opin- ion that Mr. Keopke did not have the right to waive the restrictions. Mayor Pro Tem de Ases stated that he did not feel that the Council should be governed by the deed restrictions, but they should consider what is the best use for this property and stated that he is not influenced by the statements made by 'the distant property owners. Motion by Gulley that the application be denied; seconded'by Gill. Council Member Diaz expressed the opinion that the developer or the representative of the Architectural Control Committee does not have the right to waive the deed restrictions. Mayor Luby stated that he felt that the citizens living away from the area do have the right to express their concern and he feels that the Council should be concerned with them as well as the adjacent property owners. Mayor Luby called for the vote on Council Member Gulley's motion to deny the request for change of zoning, and it passed by the following vote: Luby, de Ases, Diaz, Gill and Gulley voting "Aye"; Lozano voting "Nay"; Sample, absent. City Manager Townsend announced the public hearing on Application No. 1177-5, Mr. Robert C. Shih, for change of zoning from "AB" Professional Office District and a Special Permit to "B-4" General Business District on Lots 1-9, Bratton Place, located on the east side of Weber Road, approximately 350' south of Brett Street. He stated that the Planning Commission recommends denial but in lieu thereof that "B-1" Neighborhood Business District be approved on Lots 6-9. and that the Planning Staff recommends denial on the basis that additional com- mercial zoning should not be allowed in this immediate area due to existing high Minutes Regular Council Meeting January 4, 1978 Page 17 traffic volumes and accident rate. Mr. Townsend informed the Council that in response to the notices of the public hearing, one in favor and none in opposi- tion 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 stated that the applicant wants to construct a restaurant, which is allowed under "B-1" zoning, but he has requested "B-4" zoning since "B-4" zoning exists adja- cent to his property. City Manager Townsend pointed out that if the "AB" zoning is retained on a portion of the property, as recommended by the Planning Commission, the free-standing sign allowed by the Special Permit would have to be removed. Addressing the Council at this time was the applicant, Mr. Robert C. Shih, 4401 Banner Street, who stated that he is the owner of Peking Restaurant and that he plans to build another restaurant at this location. He informed the Council that he requested the "B-4" zoning so that he could install a large free-standing sign that could be seen from Padre Island Drive. Speaking in opposition to the requested change of zoning was Mr. A.C. Johnson, 7117 Southhaven, who stated that he felt that the quality of Mr. Shih's food would assure him of enough customers without having to resort to the installation of a large free-standing sign. Mr. Johnson expressed the opinion that he is opposed to approval of "B-4" zoning for a building that could be erected in lesser zoning. He indicated that he felt that "B -l" zoning would be preferable because at a later date, an objectionable type of business could be built in the "B-4" zoning. The next citizen speaking in opposition to the application was Mrs. Betty Brandesky, 4017 Cork Street. Mrs. Brandesky inquired about the planned access to the restaurant, and City Manager Townsend informed her that access is planned from Weber Road. Mrs. Brandesky then pointed out that this is a very congested intersection and expressed the opinion that another business firm there would Minutes Regular Council Meeting January 4, 1978 Page 18 create more traffic. She stated that she felt that the traffic at intersections is not considered by the Planning Commission when they recommend approval of zoning changes. Council Member Diaz inquired about the regulations on the signs, and Mr. Wenger explained that in "B-1" zoning, a 40 square foot sign 25 feet high is allowed anywhere on the property, but in "B-4" zoning, this same limit is required on the 20 -foot line, but other than that, any size sign is allowed. Motion by de Ases that the hearing be closed; seconded by Diaz; and passed unanimously. Motion by de Ases that the Council concur with the Planning Commission's recommendation and the zoning of "B-4" be denied, but in lieu thereof, approve "B-1" on Lots 6 through 9, Bratton Place; seconded by Diaz; and passed unani- mously. City Manager Townsend announced the public hearing on Application No. 1277-1, Mr. Robert M. Kendrick, for change of zoning from "R -1B" One -Family Dwelling District and a Special Permit to "B-1" Neighborhood Business District on Lots 7-16, Block 1, Koolside Addition, located on the west side of Airline Road south of Kimbrough Drive. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial of "B-1" but in lieu thereof that "AB" Professional Office District be approved. Mr. Townsend stated that in response to the notices of the public hear- ing, 2 in favor and 13 in opposition had been returned. He informed the Council that the 20% rule is in effect. 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. Mr. Robert M. Kendrick, 520 Guaranty Bank Building, Attorney for the eight property owners listed on the application, asked for an explanation of the 20% rule, and Council Member Gulley informed him that if the change of zoning is approved, the ordinance will not be voted on until all seven members of the Minutes Regular Council Meeting January 4, 1978 Page 19 Council are present because six votes of the Council are required for approval. Mr. Kendrick stated that the applicants would like to change their request to ask for "B-1" zoning on Lots 12, 13 and 14 and "AB" zoning on Lots 7 through 11 and Lots 15 and 16. He informed the Council that the applicants wish to con- struct a building for business purposes on Lots 13 and 14 and showed a rendering of the proposed building. He also'stated that the owner of Lot 12, on which they also request "B-1" zoning, had indicated his desire to operate an antique store in the home that is located there. Mr. Kendrick pointed out that these residences were constructed in the early 1950's at which time Airline Road was a very narrow street, and it is now shown as a major arterial street by the City's Transportation Plan. He stated that he feels that the residents of Dorothy Street will be in opposition but he feels that these residences which back up to the subject property will not be adversely affected, and there are no homes facing the proposed building. Council Member Diaz asked Mr. Wenger what the staff recommendation would be on the revised request, and Mr. Wenger stated that he would still be opposed to the "B-1" zoning on Lots 12, 13 and 14. Speaking in favor of the application was Mr. George Valentine, 1101 Airline Road, stating that his real estate office is located on Lot 16. He informed the Council that he was asked to represent the gentleman who owns Lots 13 and 14, and the other property owners in this block facing Airline asked to join in the application. Mr. Valentine pointed out that these property owners are the only ones in the block that face on Airline; the other property owners face on other streets;and expressed the opinion that the property values of the other property will not be lowered because of this change of zoning. Mr. Jack Colmenero stated that he owns property at 1021 Airline, which is in the general area, and indicated that he feels that "B-1" and "AB" would be ideal zoning for this area. Speaking in opposition to this change of zoning was Mr. R. A. Rehm, 1060 Dorothy Street, who inquired as to why a buffer. zone of "AB" zoning is Minutes Regular Council Meeting January 4, 1978 Page 20 recommended there. Mr: Rehm informed the Council that Mr. Valentine is not keep- ing up the rear of his property at this time, but stated that he felt that a fence would eliminate the breeze in the area, which would be detrimental to the residents in the area, most of whom do not have air conditioning. He mentioned the number of businesses that had once been located in the area which have now gone out of business and expressed the opinion that business firms at that location are not usually successful. Mr. R. A. Johnson, 5801 Riley, also spoke in opposition to this applica- tion because he feels that the market value of his home will be affected if this zoning is approved. Mr. Johnson pointed out that there are plenty of office spaces available elsewhere in the City without rezoning additional property for this purpose. No one else spoke in regard to this application. Motion by de Ases that the hearing be closed, seconded by Diaz, and passed • unanimously. Motion by de Ases that "B-1" zoning be approved for Lots 12, 13 and 14 and that Lots 7 through 11 and 15 and 16 be zoned "AB"; seconded by Gulley. Council Member Gill stated that she would oppose "B-1" zoning in this area because of the possibility that fast food service business firms would be allowed under this zoning, and she felt that this type of business would be objectionable for the residents in the area. She indicated that she would approve the "AB" zoning with Special Permits for Lots 12, 13 and 14. Mr. Kendrick assured her that the property would be used for stores, and fast food service would not be built on those lots. Council Member Gill reiter- ated that she would still prefer Special Permits to protect the area residents. The applicant then stated that he would agree to that. Mayor Pro Tem de Ases then amended his motion to the effect that the Council approve a Special Permit allowing all "B-1" uses with the exception of the sale of all food items on Lots 12, 13 and 14, and approve "AB" zoning for Lots 7 through 11 and Lots 15 and 16. The amended motion was seconded by Diaz, and the motion passed unanimously. City Manager Townsend stated that an ordi- nance on this application would be presented after a site plan has been received. Minutes Regular Council Meeting January 4, 1978 Page 21 Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances. There was no discussion by the Council or members of the audience in regard to them. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO DELETE REFERENCES TO PORTIONS OF WEBER ROAD AND IN LIEU THEREOF ADDING PROVISIONS FOR SPEED LIMITS OF 45 MILES PER HOUR AT ALL TIMES ON WEBER ROAD FROM SARATOGA TO THE CITY LIMITS LINE; 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 and Lozano voting "Aye"; Sample absent. 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 REFERENCE TO PORTIONS OF SOUTH STAPLES STREET, ASHORE FULLY SET FORTH HEREINAFTER, AND BY ADDING ITEM THAT WILL PROHIBIT PARKING AT ALL TIMES ON SOUTH STAPLES STREET, BOTH SIDES, FROM 100 FEET NORTH OF AYERS STREET TO SOUTH PADRE ISLAND DRIVE FRONTAGE ROAD, EXCEPT WHERE HEAD -IN PARKING HAS BEEN PREVIOUSLY DESIGNATED AND APPROVED BY THE DIRECTOR OF TRAFFIC AND TRANSIT; 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 and Lozano voting "Aye"; Sample absent. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE II, LAND DRILLING, DIVISION 5, DRILLING AND OPERATING PERMITS, BY AMENDING SECTION 35-107, TRANSFER OF PERMIT, BY DELETING THE INTRODUCTORY PHRASE, "ANY TIME WITHIN ONE YEAR FROM DATE OF ISSUE", SO AS TO REMOVE THE ONE-YEAR LIMIT ON TRANSFER OF DRILLING PERMITS. 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 and Lozano voting "Aye"; Sample absent. THIRD READING - ORDINANCE NO. 14110: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 35-102, PROCEDURE WHERE VARIANCES ARE REQUESTED AND WHERE PERMIT IS DENIED BY SUPERINTENDENT, BY ADDING THE WORDS "TWO HUNDRED (200') FEET OF A REENTRY SITE" FOLLOWING THE WORDS "SURFACE SITE" IN LINE 17 OF SAID SECTION; AMENDING SECTION 35-152, ABANDONMENT PROCEDURES, BY RELOCATING THE SECOND PARAGRAPH OF SUB- SECTION (F)(4) THEREOF TO HEREAFTER BE DESIGNATED AS THE SECOND PARAGRAPH OF SECTION 35-151, WELLS TO BE ABANDONED, SUBSECTION (F)(4). The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. Minutes Regular Council Meeting January 4, 1978 Page 22 THIRD READING - ORDINANCE NO. 14111: AUTHORIZING THE CITY MANAGER TO ENTER INTO A WATER SALES AGREEMENT WITH THE NUECES COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 4, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. ORDINANCE NO. 14112: AUTHORIZING THE CITY MANAGER TO EXECUTE THE FOLLOWING AGREEMENTS AND CONTRACTS WITH THE FEDERAL AVIATION ADMINISTRATION: (1) SUPPLEMENTAL AGREEMENT NO. 1 TO LEASE DOT-FA76SW-1196, LEASE DOT-FA76SW-1197, AND LEASE DOT-FA76SW-1198, ESTABLISH- ING JANITORIAL SERVICE RATE OF $1.48 PER SQUARE FOOT OF SPACE OCCUPIED IN THE NEW TOWER BUILDING; (2) CONTRACT DOT-FA77SW-1240, ESTABLISHING ELECTRICAL POWER REIM- BURSEMENT CHARGES FOR SPACE OCCUPIED IN THE NEW TOWER; (3) CONTRACT DOT-FA78SW-1020, ESTABLISHING ELECTRICAL POWER REIMBURSEMENT CHARGES FOR SPACE OCCUPIED IN THE OLD TOWER BUILDING AND FOR CERTAIN NAVIGATION AIDS; AND (4) CANCELLATION AGREEMENT TERMINATING CONTRACT DOT-FA76SW-1085; ESTABLISHING AN EFFECTIVE DATE OF JULY 1, 1977, ALL AS MORE FULLY SET FORTH IN EACH OF THE AFORESAID AGREEMENTS AND CONTRACTS, A SUBSTANTIAL COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" THROUGH "D"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. ORDINANCE NO. 14113: AMENDING THE 1977-78 BUDGET BY AMENDING THE BUDGET FOR THE PERSONNEL DEPARTMENT BY AUTHORIZING AN ADDITIONAL SENIOR CLERK TYPIST AND AN ADMINISTRATIVE ASSISTANT II POSITION; APPROPRIATING $17,177 FROM THE NO. 102 GENERAL FUND RESERVE FOR THE AFORESAID PERSONNEL AND FOR RELATED SUPPORT COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ages, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. ORDINANCE NO. 14114: AMENDING SECTION 256 OF ORDINANCE NO. 3658, THE CLASSIFICATION PLAN, BY DELETING CERTAIN POSITION AND ESTABLISHING NEW CLASS CODE, TITLE AND GRADE AS HEREINAFTER MORE FULLY SET FORTH; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. ORDINANCE NO. 14115: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION WITH THE CORPUS CHRISTI STATE SCHOOL FOR 46 PUBLIC SERVICE EMPLOYEE POSITIGNS THROUGH SEPTEMBER 30, 1978, AS MORE FULLY SET OUT IN SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECIARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. Minutes Regular Council Meeting January 4, 1978 Page 23 ORDINANCE NO. 14116: 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 ROBERT C. SHIH, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 6 TURD 9, BRATTON PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT & SPECIAL PERMIT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Lozano voting "Aye"; Sample absent. Council Member Gill requested that the P.A.W.S. Organization be listed on the agenda and allowed to make a presentation during the early part of the Regular Council Meeting next week, January 11, 1978. Other Council Members indicated their concurrence with this request. * * * * * * Council Member Gulley indicated his concern that the architects on the Convention Center are a month behind schedule. He pointed out that this delay is costing the City money and suggested that City Manager Townsend make the archi- 1 tects aware of the Council's concern about this delay. * * * * * * Mayor Luby called for petitions or discussion from members of the audience. Mr. Tom Hetzel, 5801 Weber Road, reported to the Council that on December 23, 1977, a swim team from St. Cloud University of Minnesota were in Corpus Christi to practice swimming at the Greenwood Pool. He stated that the water was too cool for them to swim; he had met with City Manager Townsend and Assistant City Manager Archie Walker; and they had made the decision to turn on the heat at the pool in order to accommodate the students. Mr. Hetzel expressed his appreciation and that of the swim team, who indicated that they would be back next winter to practice. He expressed the opinion that other swim teams in the north might also plan to train here and pointed out the good publicity that this would generate for the City. Minutes Regular Council Meeting January 4, 1978 Page 24 Mr. A.C. Johnson, 7117 Southhaven, stated that he was appearing before the Council to register a complaint in regard to the zoning ordinance, indicating that he felt that the ordinance is being handled very loosely. He stated that he was referring to the use under "B-4" zoning by the builders of Fun World. Mr. Johnson related the events that occurred when he had appeared before the Zoning Board of Adjustment in regard to the fact that the developers were building a skateboard course, which he felt was not allowed under "B-4" zoning. He stated that he did not feel that a permit should have been issued for this use, but the Zoning Board of Adjustment had ruled that the permit was valid. Mr. Johnson also stated that he did not feel that citizens should have to bear the expense of a court case in District Court, which he understood was the only alternative of appeal after the ruling of the Board of Adjustment. City Manager Townsend stated that he would be glad to check with the staff on this matter to see just what has occurred and ascertain if the proper information was presented to the Board of Adjustment. Council Member Lozano reminded the Council that Texas Municipal League Region 11 meeting is scheduled for next Wednesday, January 11, indicating that it is unfortunate that they are meeting in Goliad on the day the Council meets. Mayor Luby explained that he had contacted all of the cities in Region 11 and most of the cities cannot meet any other night. There being no further business to come before the Council, on motion by de Ases, seconded by Diaz, and passed unanimously, the Regular Council Meet- ing was adjourned at 6:18 p.m. January 4, 1978.