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HomeMy WebLinkAboutMinutes City Council - 01/11/1978MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 11, 1978 2:00 P. M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read The meeting was called to order by Mayor Pro Tem Eduardo E. de Ases 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 invocation was given by the Reverend Veral M. Seagraves of St. Paul United Church of Christ. 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. Mayor Pro Tem de Ases introduced his wife and his brother, Mr. Lawrence de Ases, who were present in the audience. Mayor Pro Tem de Ases announced that a proclamation had been issued by Mayor Luby designating January 15-21, 1978 as "JAYCEE WEEK". Mayor Pro Tem de Ases announced the presentation by a representative of the P.A.W.S. Organization. Mrs. Sissie Sweeney, President of P.A.W.S. Organization - Gulf Coast Humane Society, presented the Council with copies of brochures which contained recommendations for the improvement of the public facilities for animal care. Mrs. Sweeney read a letter addressed to Council Members in which P.A.W.S. recom- mended the creation of Citizens Advisory Board which would be concerned with the operation of the City pound. *Mayor Luby arrived at the meeting at 2:10 p.m. In response to Mrs. Sweeney's request, City Manager R. Marvin Townsend pointed out that such an advisory board would not have the authority to direct the Animal Control Staff but would only have the authority to make recommenda- tions to the Council, and the Council in turn could instruct the staff if airy M\�RpF\1-MED SEP 0 31980 Minutes Regular Council Meeting January 11, 1978 Page 2 changes are to be made. Mayor Luby asked Mrs. Sweeney if she would be interested in serving as chairman of such an advisory board, and Mrs. Sweeney indicated that she would. Mayor Luby then requested that she supply the Council with names of citizens whom she would recommend to serve on such a board. Mayor Luby then stated that the Council does have the authority to direct the City Manager to make changes in the operation of the Animal Control Division. City Manager Townsend emphasized that the Animal Control Division does have to consider all citizens in the City, including those who are experiencing problems with dogs running loose. Council Member Diaz requested that Mrs. Sweeney make a recommendation to the Council in regard to the size of an advisory board. Mrs. Sweeney then introduced other members of P.A.W.S. Organization who were present in the audience. Council Member Gill suggested that the Council discuss the formation of such an advisory board. Motion by Gill that a discussion item in regard to the creation of an advisory board concerned with the treatment of animals be placed on the agenda for January 18, 1978; seconded by Diaz. Council Member Sample stated that he was not sure that such a board should be created, but that he would like to discuss it in workshop session. City Manager Townsend inquired if the Council would like for the staff to prepare a draft document for the creation of an advisory board for this pur- pose, and Mayor Luby agreed that this would be in order. Mayor Luby called for the vote on Council Member Gill's motion, and it passed unanimously. * * * * * * Mayor Luby introduced Miss Kathy Rindflish and Miss Malina Sullivan of this City, who had participated in surfing competition sponsored by the American Minutes Regular Council Meeting January 11, 1978 Page 3 Surfing Association in California in December and selected for the United States team which will participate in competition in Honolulu, Hawaii next summer. Mayor Luby announced that he had designated both of them as goodwill ambassadors for the City of Corpus Christi in connection with this event. Mayor Luby announced that he and Council Member Gill had presented a plaque to Mr. Jesus Chavez "Cantinflitas", who was a double for the Mexican comedian, Cantinflas, for many years, mentioning Mr. Chavez' many achievements locally. Council Member Lozano suggested that a resolution be prepared honoring Mr. Chavez in recognition of his numerous accomplishments for the City and made a motion to this effect; seconded by Diaz; and passed unanimously. Mayor Luby stated that such a resolution will be on the agenda next week. Also speaking in praise of Mr. Chavez was Mr. Benny Benavidez, 1725 Hudson. Mayor Luby announced the bid opening on the'following item: Lease of minerals underlying 13 acres, 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. City Manager Townsend called on Mr. T. M. Jarvis, Purchasing Agent, to conduct the bid opening. Mr. Jarvis stated that one bid had been received in the Purchasing Department prior to 2:00 p.m. and opened and read the bid from Philip N. Bell of Corpus Christi. The bid was tabled for 48 hours and referred to the staff for tabulation and recommendation. * * * * * * Mayor Luby announced the public hearing on closing the alley in Block 11, Chamberlain Addition, at the request of Renfrow and Company, Inc. The alley Minutes Regular Council Meeting January 11, 1978 Page 4 extends from Staples to Alameda between Agnes and Marguerite Streets. City Manager Townsend located the area on the map and stated that the alley is not opened to the public. He also stated that he was not aware of any opposition to this closing and if the Council legally approves the closing, the land will revert to the abutting property owners, and the staff recommends closing. No one spoke in opposition to this request. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Council Member Gill inquired about responses to the notices sent out to the affected property owners, and City Manager Townsend informed her that notices of the public hearing are sent to all property owners within 450 feet of the area to be closed. He stated that no response is requested, but the property owners are supplied with all of the information pertaining to the public hearing. Motion by Gill that the alley in Block 11, Chamberlain Addition, be closed; seconded by Diaz; and passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano abstaining since he owns property in the area. 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 hearing be held at 2:00 p.m. during the Regular Council Meeting on January 25, 1978 on closing and abandoning the alley in Block 17, Forest Park Addition, located generally between Stillman Avenue and Palm Drive and Leopard and Antelope Streets, at the request of the abutting property owners. b. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on January 25, 1978, on closing the dead end portion of Second Street south of Elizabeth lying between Lots 1, 2, 3, 4, 5, Block 10 and Lots 9, 10, 11, 12, 13 and 14, Block 11, of Ocean View Subdivision at the request of the abutting property owners, Spohn Hospital. c. Recommendation that bids be received at 11:00 A.M. on Tuesday, January 31, 1978 for seven electrically operated, registering, locked fare boxes to replace non -locked box registers out on the Transit buses. The fare boxes are included in the 1976 capital grant from the Urban Mass Transportation Administration and will be paid for 80% by the Federal Government, 13% by the State Department of Highways and Public Transportation, and 7% by bonds approved at the 1972 bond election. Fifteen fare boxes were replaced under a previous grant. The remaining boxes will be replaced under future grants. Minutes Regular Council Meeting January 11, 1978 Page 5 d. Recommendation that bids be received at 11:00 A.M., Tuesday, January 31, 1978 for 6,000 ft. of 3/4" soft copper tubing (an estimated six month's supply) for the warehouse to be used primarily by the Water Division. e. Recommendation that the following material for installation of the new high service pump at the Stevens Filter Plant be purchased from the following firms: (1) Coastal Pipe and Supply, Brownsville - 1 - 24" swing -check valve $3,547.60 (2) American Cast Iron Pipe Company, Dallas - 1 - 36" cast iron tee $2,924.31 1 - 36" x 24" cast iron reducer 1,298.98 $4,223.29 GRAND TOTAL - - - - $7,770.89 The high service pump will increase the pumping capacity of the plant. Bids were received from 11 firms on the check valve and from 3 on the tee and reducer. f. Recommendation that the Water Fund be reimbursed $42,762.76 for third year Community Development Project work by Water Division forces in High Terrace, La Arboleda, and Casa Blanca Subdivisions and the Lozano School area for November, 1977. The work consisted of replacing 2" lines with 6" lines and installing fire hydrants to improve customer service and provide fire protection. g. Recommendation that water rates be increased approximately 30% according to the following schedule: Minimum Charge - Treated Water Meter size -- Inside Outside Corpus Christi Inches Corpus Christi All Others Padre Island 5/8 and 3/4 $ 2.45 $ 4.90 1 3.20 6.40 1-1/2 4.80 9.60 2 7.00 14.00 3 22.10 44.22 4 • 25.20 50.40 6 37.80 75.60 8 or larger 56.70 113.40 $ 8.50 10.00 15.00 22.00 85.00 100.00 Monthly Consumption (1) Inside Outside Corpus Christi Corpus Christi All Others Padre Island First 3,000 gallons Minimum Charge Next 17,000 gallons $0.75 $ 1.50 $1.50 Next 80,000 gallons 0.56 1.12 1.12 Next 150,000 gallons 0.47 0.94 0.94. Next 750,000 gallons 0.47 0.94 0.94 Next 9,000,000 gallons 0.38 0.55 0.55 Over 10,000,000 gallons 0.28 0.35 0.35 (1) dollars per 1,000 gallons Minutes Regular Council Meeting January 11, 1978 Page 6 Inside Outside Capacity and Commodity Charges Corpus Christi Corpus Christi Rate per month per 1,000 gallons per day of maximum day capacity requirement Rate per month per 1,000 gallons per day of hourly capacity in excess of maximum day capacity Capacity Charge for all water per 1,000 gallons Untreated Water Rate Each 1,000 gallons - $.11 $ 4.50 $ 5.00 0.38 0.63 0.135 0.175 The increase is needed to offset increased cost of labor, chemicals, electric power, and other maintenance operation costs since 1974, and to provide capacity to pay additional debt service on bonds for construction of Choke Canyon Dam. h. Recommendation that $2,175 be paid to Mr. B. F. Kocurek for a 60 -foot drainage and overflow right of way from Laguna Shores Road to Laguna Madre in settle- ment of pending litigation related to alleged property damages from the Waldron Road Storm Sewer Project. A settlement agreement would provide for removal of existing drain pipes in Laguna Shores Road, installation of new box culverts adjacent to an existing drainage easement on adjoining property, and the Plaintiff's withdrawal of opposition to issuance of Corps of Engineers' permit for completion of the drainage project. i. Recommendation that a contract be approved for 1977-78 with the Corpus Christi Independent School District to continue special educational programs for school classes at the Museum and that the Museum educational program budget be amended to provide a total appropriation of $28,478, adding one Museum Teacher (Grade 21) and deleting two part-time senior clerks and two part-time trades helpers. The School District will provide $28,478. The program will be operated by a teacher instead of four part-time ' positions. The part-time positions will be transitioned into the Museum staff. (Item "j" was considered later in the meeting.) k. Recommendation that the Flour Bluff Satellite Clinic, utility pay station, and library be accepted and final payment of $14,710 for a total of $152,546.50 be made to Aunt Building Company. The contractor exceeded the allotted time by 26 days. Change orders added 9 days and non-delivery of materials for the building 10 days. Seven days charges as liquidated damages at $100 per day have been charged. Prohlems still exist with the drive-in pay station, incl dee furl Ill= laal..malbi111y or the 8ontr'gpfrrr. Several minor I1eme "r work remain RI the building. It is recommended that final payment be authorized when the work is rnmptete. I. Itnrouunendatluu that a 'ltt1e VI CHTA work site agreement be approved wJth the Nueces County Mental Health-MentalRetardation Community Center for 8 special project positions. One special project employee will perform one- time minor maintenance to all of the Centers facilities and 7 employees will conduct an 8 -month recreational program for mentally retarded clients. The positions are recommended for funding through September 30, 1978. Minutes Regular Council Meeting January 11, 1978 Page 7 Mayor Luby called for discussion from the Council on the preceding items. Council Member Gill referred to Item "k" in regard to the acceptance of the Flour Bluff Satellite Clinic, utility pay station and library and inquired if the library would be in use in the near future. City Manager Townsend assured her that it would be opened at the time the remainder of the complex is ready, stating that opening ceremonies are planned for January 22, 1978. Council Member Diaz mentioned the fact that Mayor Pro Tem de Ases had suggested a joint meeting between the Council and the Corpus Christi Independent School District and inquired if any plans for such a meeting had been made. City Manager Townsend reminded the Council that the joint meeting had been suggested at the time the Council requested that the School Board consider contributing to the salaries of the school crossing guards. He stated that there are a number of items that should be discussed with the School Board but indicated that an agenda listing all of the items should be prepared to present to the Board prior to setting up a meeting. There was no discussion from the audience on these City Manager's Reports. City Manager Townsend then presented the following item for the Council's consideration: J. Recommendation that $11,000,000 of general improvement bonds be sold February 15, 1978; Mr. Hobby H. McCall and Mr. M. E. Allison, Sr. be employed to provide bond attorney services and financial advisor services, respectively, in connection with the February 15, 1978 sale; and $48,513 be appropriated out of the General Fund to pay the estimated cost of selling the bonds to be reimbursed out of the proceeds of the bond sale: Bond Attorney Fees Financial Advisor Fees Printing Official Statement Printing Bonds Bond Ratings $10,500 27,013 4,000 2,000 5,000 848,513 In a discussion of this item, City Manager Townsend presented the follow- ing summary of the projects to be included in the bond sale on February 15, 1978 proposition categories: Minutes Regular Council Meeting January 11, 1978 Page 8 Bonds February, 1978 Capital Improvement Projects Authorized Sale Balance 1. Sanitary Sewers $11,710,000 $ 2,530,000 $ 9,180,000 2. Airport (Does not include $225,000 FAA 825,000 300,000 525,000 funds) 3. Transit 100,000 -0- 100,000 4. Park and Recreation 4,310,000 550,000 3,760,000 5. Public Buildings 1,690,000 300,000 1,390,000 6. Public Safety Buildings 915,000 150,000 765,000 7. Public Safety Equipment 950,000 -0- 950,000 8. Drainage 3,000,000 285,000 2,715,000 9. Streets 9,425,000 885,000 8,540,000 Convention Center 6,400,000 6,000,000 400,000 Total: $39,325,000 $11,000,000 $28,325,000 City Manager Townsend described some of the items listed under the cate- gories listed above. Council Member Lozano inquired if some of the funds available from FAA could be used to expand the Airport Terminal Building, and City Manager Townsend stated that these funds could be used for that purpose. Council Member Gill expressed the opinion that the crowded conditions at the airport terminal were caused because confusion exists as to where the lines in front of the individual airlines' counters should be formed. City Manager Townsend agreed that this is a problem, but this is the responsibility of the individual airlines and he had previously recommended an improved system to the tenants at the airport. Council Member Gulley mentioned the fact that newly completed temporary airport parking lot is frequently filled and passengers are parking on the grass. He also mentioned that there is a need to improve Highway 44 which leads to the airport. City Manager Townsend stated that he was not aware that the new parking lot was already inadequate but indicated that he would check this and report to the Council later in the meeting. (Later in the meeting, Assistant City Manager Minutes Regular Council Meeting January 11, 1978 Page 9 Archie Walker confirmed that the new airport parking lot had been filled on two days -- New Year's Eve and New Year's Day.) In answer to the Council's request that more funds be included for the airport, City Manager Townsend pointed out that the bond propositions are a three- year program, and all of the bonds cannot be sold during the first year. Council Member Diaz stated that he felt that the approaches to the air- port should have priority, and Council Member Gulley indicated that he felt that the parking lot is essential at this time. Concerning the Northwest Library, for which it is recommended that $50,000 in bonds be sold, Council Member Diaz inquired if the staff is investi- gating possible sites for this building, and City Manager Townsend assured him that a study is being conducted on the site for the building, and a site will be recommended by the staff. City Manager Townsend reiterated that the sale of bonds must be over a three-year period, and the staff will recommend four sales. He stated that even though the Council had some questions about the items listed under each category, it would be possible to change the different projects within the same category, but asked that the Council approve the total amount of $11,000,000 in order that the process required for the sale of the bonds could be started. Mr. Townsend informed the Council that the priority list will be on the agenda next week for further discussion. Also in regard to this matter, Mayor Luby stated that he was opposed to employing attorneys from out of the City to provide attorney services and finan- cial advisor services for the bond sale. He reminded City Manager Townsend that he had expressed this opposition during the last bond sale and urged the Council not to approve this item unless local attorneys are retained for this purpose. City Manager Townsend stated that the staff feels that employment of recognized attorneys and financial advisors are almost essential to assist the City in a bond sale. He explained that Director of Finance Harold Zick does not have the staff available to write the prospectus that is needed for the bond sale, Minutes Regular Council Meeting January 11, 1978 Page 10 and the City just does not have an experienced, recognized bond attorney. He further stated that, to the best of his knowledge, no one in Corpus Christi has made the City staff aware that they are willing to do this, and even if a local firm wishes to do this, they would have to retain outside advisors. City Attorney Aycock stated that there are only about six firms in Texas who are knowledgeable about bond sales. City Manager Townsend pointed out that the reputation of the attorneys and financial advisors generates more and better bids. Council Member Lozano pointed out that the experienced bond attorney and financial advisor would be aware of the firms that should receive a prospectus and that would be interested in bidding. Mayor Luby reiterated that he feels that this is discriminatory against the local attorneys and that he will cast a negative vote on this item. There was no discussion from the audience on this matter. Motion by Diaz that the City Manager's Reports, Items "a" through "1" be approved; seconded by Lozano; and passed by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye" on all of the items; Luby voting "Aye" on all items except Items "g" and "j"; and Gulley voting "Aye" on all of the items except Item "g". Mayor Luby announced the public hearing on four zoning applications. He also informed the audience that he and Council Member Gill might have to depart the meeting before completion of the public hearings in order to attend the Texas Municipal League Region 11 meeting in Goliad, Texas. Council Member Sample inquired about the last TML meeting and stated that as well as he remembered, it was also held on a Wednesday. Council Member Gulley stated that the last three TML meetings had been conducted on Wednesdays. Mayor Luby.stated that he was only responsible for the past two meetings being held on Wednesday, noting that the other meeting was already scheduled for a Wednesday when he was elected President of Region 11. He also informed the Council that the City of Corpus Christi is the only City that conducts Council meetings on Wednesday, and most of the cities in the Region prefer Wednesday for the TML meetings. He indicated that he will ask Council Member Gill to bring Minutes Regular Council Meeting January 11, 1978 Page 11 the matter to the attention of the other member cities tonight. Council Member Lozano mentioned the fact that, to his knowledge, the last three meetings are the only ones ever held on Wednesdays. Mayor Luby assured the Council that he will deliver the message to the Region members that the Corpus Christi City Council prefers that the meetings be scheduled on nights other than Wednesday. City Manager Townsend presented to the Council copies of a memorandum from Mr. Mark Gresham, Budget Director, in regard to allocation of interest income on first mortgage escrow reserves and the Choke Canyon Construction Fund, as requested by Mayor Luby. Mayor Luby asked that this matter be dis- cussed next week. City Manager Townsend stated that this item and the other discussion items that were not completed in the morning Workshop Meeting will be on the agenda next week. City Manager Townsend announced the public hearing on Application No. 1277-3, Mr. John and Mr. Henry Tucker, for change of zoning from "R -1B" One - Family Dwelling District to "I-2" Light Industrial District on a 52.4± acre tract of land out of Lot 6, Section 8, Bohemian Colony Lands, located 1,145' north of Saratoga Boulevard, east of Ayers Street and on the west side of the Richter drainage ditch. Mr. Townsend informed the Council that both the Plan- ning Commission and the Planning Staff recommend approval. He stated that the City was considering initiating a change of zoning because this property is located under the flight pattern of Cabaniss Field. City Manager Townsend stated that in response to the notices of the public hearing, one in favor had been returned and none in opposition. Chief Planner Larry 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 Pro Tem de Ases referred to the City Manager's statement that the City was contemplating initiating the change of zoning since the property is in the Minutes Regular Council Meeting January 11, 1978 Page 12 flight pattern of Cabaniss Field and inquired if the staff informs the Navy when such actions are taken. City Manager Townsend stated that he has a letter to that effect prepared for the Committee that is working with officials in Washington to retain the Naval operations in Corpus Christi so that they may inform the Navy of this. Mayor Pro Tem de Ases introduced Mr. Arthur Ramirez of the Planning Com- mission who was present for the zoning hearings. Mr. Ramirez informed the Council that because of the noise problem in this area, the Planning Commission approves of the zoning of "I-2" on this property. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the Council accept the recommendation of the Plan- ning Commission and approve the zoning of "I-2" on this property; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 1277-4, George and Alta Bihner, for change of zoning from "R -1B" One -Family Dwelling District to "R-2" Multiple Dwelling District on the southwest one-half of Lots 10 and 11, Block 1, Rest Haven Addition, located on the southeast corner of Lawnview Street and Sunset Avenue. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. He also stated that in response to the notices of the public hearing, three in favor and none in opposition had been received. 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, including other duplexes located in the area. No one spoke in regard to this zoning request. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Minutes Regular Council Meeting January 11, 1978 Page 13 Motion by Diaz that the recommendation of the Planning Commission be accepted and the zoning be changed to "R-2"; seconded by Lozano; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 1277-5, Mr. Robert J. Taylor, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots SE and 61, Ava Cooper Subdivision, located on the northwest corner of Kostoryz and Gollihar Roads. Mr. Townsend stated that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that a service station is a neighborhood use and is surrounded by "B-1" uses, that "B-4" would permit a larger sign, and that this is a major intersection which is already congested. City Manager Townsend informed the Council that in response to the notices of the public hearing, one in favor and none in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; described the land use in the surrounding area; showed slides of the area; and stated that a Shell Service Station is located on the property and the owner proposes to sell used cars in an effort to increase his business. Council Member Gill inquired if a change of zoning is required for the sale of used cars at the same location. Mr. Wenger informed her that it is necessary, but the staff is opposed to the "B-4" zoning because a large sign could be installed in that zoning, and further traffic congestion would be increased at this intersection. Council Member Gill suggested that a Special Permit might be considered allowing the owner to conduct the sale of used cars. City Manager Townsend further explained that an occasional sale of used cars by a service station does not require "B-4" zoning, but if a property owner establishes a used car business, the "B-4" zoning is required, but a Special Minutes Regular Council Meeting January 11, 1978 Page 14 Permit would be in order if the Council desires. No one spoke in opposition to this application. Motion by Lozano that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Gill that the change of zoning request be denied, but in lieu thereof, a Special Permit be approved for the purpose of conducting automobile sales, stating that she made the motion because "B-1" and "AB" zoning are already in the area, and she felt that other property owners might also request "B-4" zoning in order to erect large signs. The applicant, Mr. Robert J. Taylor, spoke at this time, stating that it would be impossible for him to install a large free-standing sign because his service station is a Shell Station and that company regulates the size of the signs at their stations. Council Member Diaz seconded Council Member Gill's motion to approve a Special Permit. Mr. Charles A. Nichols, 1547 Lea Lane, asked to address the Council at this time and expressed the opinion that the "B-4" zoning should be approved because a Special Permit on the property might limit the possibility of the sale of the property in the future. Mr. Nichols also stated that he is in favor of anything that would stimulate business and that he did not think the proposed use would be detrimental to anyone in the area. Mayor Luby stated that Mr. Larry Wenger is an expert in his field, and he does not recommend denial of a zoning application unless he has a reason. He thanked Mr. Nichols for his comments. Council Member Lozano indicated his disagreement with some of the remarks made by Mr. Nichols, particularly the statement that he had made today and on previous occasions to the effect that this City is not going forward. He pointed out to Mr. Nichols that business firms are moving into the City and mentioned in particular new banks and the new shopping center that is planned. __mutes Regular Council Meeting January 11, 1978 Page 15 Mr. Lozano also mentioned that if a Special Permit is approved, a site plan will be required and inquired if that would present a problem for Mr. Taylor. Mr. Wenger indicated that only a very simple site plan would be required, and City Manager Townsend stated that the Staff will be glad to assist Mr. Taylor in the preparation of a site plan. Mayor Luby called for the vote on the motion to grant a Special Permit, and it passed unanimously. City Manager Townsend stated that the ordinance will be presented for Council approval after an acceptable site plan is submitted. City Manager Townsend announced the public hearing on Application No. 1277-6, Mr. Ray Cox, for change of zoning from "A-1" Apartment House District to "B-4" General Business District on Lot 38, Block 5, Flour Bluff Center, located on the west side of Central Drive, approximately 150' south of Padre Island Drive. Mr. Townsend informed the Council that both the Planning Com- mission and the Planning Staff recommend denial. He also stated that in response to the notices of the public hearing, two in opposition and none in favor had been returned. Mr. Townsend also pointed out 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. Speaking on behalf of the applicant was Mr. Joel Williams, 6020 Del Oso, who stated that Mr. Cox had sold Lots 39 and 40 adjacent to the north of the subject property; these lots are zoned "B-4"; and he had committed himself to requesting "B-4" on this particular lot also because he feels that straight- ening out the zoning would improve the area. Mayor Pro Tem de Ases asked that Mr. Ramirez comment on this case. Mr. Ramirez stated that the Planning Commission is opposed to this change of zoning because it would be an intrusion into the apartment house area. Minutes Regular Council Meeting January 11, 1978 Page 16 Motion by Sample that the hearing be closed, seconded by Lozano, and passed unanimously. Motion by Sample that the Council accept the recommendation of the Planning Commission and that the change of zoning request be denied; seconded by Diaz; and passed unanimously. * * * * * * Mayor Luby called for presentation of the ordinances. City Manager Townsend briefly explained the ordinances. There was no discussion by the Council or members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: MAKING FINDINGS OF FACT; AMENDING ORDINANCE NO. 12208, PASSED AND APPROVED AUGUST 7, 1974, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE FOR CUSTOMERS USING TREATED WATER AND UNTREATED WATER, INCLUDING MINIMUM CHARGES, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby and Gulley voting "Nay". THIRD READING - ORDINANCE NO. 14117: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14118: 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, AS MORE 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting January 11, 1978 Page 17 THIRD READING - ORDINANCE NO. 14119: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14120: APPROPRIATING OUT OF NO. 162 1EDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT ACTIVITY 4736, CODE 502, THE SUM OF $42,762.76, TO REIMBURSE THE NO. 141 WATER REVENUE FUND, ACTIVITY 5171, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED DURING NOVEMBER, 1977, APPLICABLE TO HIGH TERRACE, IA ARBOLEDA, AND CASA BLANCA SUBDIVISIONS AND LOZANO SCHOOL AREA AS ALLOCATED IN THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITIES SYSTEM IMPROVEMENTS AND RELOCATIONS, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14121: AUTHORIZING EXECUTION OF A CONTRACT WITH THE CORPUS CHRISTI AREA WOMEN'S SHELTER, INC., FOR $15,000 FOR THE PROVISION OF A SHELTER AND COUNSELING SERVICES FOR BATTERED WOMEN, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING $15,000 FROM THE NO. 102 GENERAL FUND RESERVE, ACTIVITY 4299, CODE 490, FOR TRANSFER TO ACTIVITY 3624, CODE 301; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14122: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT TO FUND AN EDUCATIONAL PROGRAM AT THE CORPUS CHRISTI MUSEUM AND TO AMEND THE PROGRAM'S BUDGET FOR THE 1977-78 CITY FISCAL YEAR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14123: AMENDING SECTION 255 OF ORDINANCE NO. 3658, THE CLASSIFICATION PIAN, BY 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, Lozano and Sample voting "Aye". FIRST READING: AUTHORIZING THE EMPLOYMENT OF HOBBY H. McCALL TO PROVIDE BOND ATTORNEY SERVICES AND M.E. ALLISON, SR., TO PROVIDE FINANCIAL ADVISOR SERVICES; APPROPRIATING $48,513 OUT OF THE NO. 102 GENERAL FUND TO PAY THE ESTIMATED COSTS OF SELLING OF Minutes Regular Council Meeting January 11, 1978 Page 18 BONDS, WITH REIMBURSEMENT TO BE MADE TO THE NO. 102 GENERAL FUND OUT OF THE PROCEEDS OF THE BOND SALE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting 'Aye"; Luby voting "Nay". ORDINANCE NO. 14125: 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 JOHN AND HENRY TUCKER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 6, SECTION 8, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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, Lozano and Sample voting "Aye". ORDINANCE NO. 14124 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 GEORGE AND ALTA BIHNER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOTS 10 AND 11, BLOCK 1, REST HAVEN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; KEEPING IN E11,i T 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 de following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". * * * * * * Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Harold Kronke addressed the Council in regard to property that he is in the process of selling which is east of McKinzie Road and south of Shell Road, stating that in the process of having the land platted, he was told that it would be necessary for him to dedicate 10 feet of right-of-way along McKinzie Road for future widening of the street. Mr. Kronke informed the Council that the owners of the property across the street had received approval of their plat but had not ___nutes Regular Council Meeting January 11, 1978 Page 19 been required to dedicate the 10 feet of right-of-way. In discussing the matter with members of the Planning Staff, Mr. Kronke stated that he had been told that the owners of the property across the street had not been required to dedicate the 10 feet due to the fact that their property was platted prior to the adoption of the Master Plan. He also stated that he was told that if the City desired to acquire the 10 feet from that property owner, they would be required to purchase it. Mr. Kronke expressed the opinion that City funds could be saved if the property owners on the west side of the street were required to dedicate the necessary 10 feet of right-of-way and stated that hg felt that this was a discriminatory practice. City Manager Townsend stated that this matter had not been before the Planning Commission, but the matter before the Council is a question as to why the property owners on the west side of McKinzie Road were not required to dedicate 10 feet. Mr. Townsend displayed a map for the Council which indi- cated that the preliminary plat for Jackson Woods, which was the subdivision located there, was submitted prior to the ruling was established in regard to the necessity for right-of-way dedication for future widening of the street. He further stated that the Master Plan does call for such right-of-way dedica- tion. City Manager Townsend pointed out that the City probably would not purchase right-of-way from developed property such as that in Jackson Woods since the lots in question back onto the proposed street. He explained that quite often, if one side is already developed, the entire dedication is acquired from the vacant property on the other side of the street. He stated that if Mr. Kronke is requesting that the dedication be waived, a public hearing would be required to change the requirement of the Master Plan. Mr. Kronke referred to a similar situation that had existed before Violet Road was widened and he questioned the procedure that was followed at that time. He stated that he would like to have some assurance that he will not lose an additional 10 feet from his property in the future since it was Minutes Regular Council Meeting January 11, 1978 Page 20 mentioned that in similar cases, the entire dedication is acquired from the vacant property. City Manager Townsend stated that he was not aware of the circumstances in regard to the widening of Violet Road and that possibly the County had been involved in this since it was a Farm to Market Road. He suggested that Mr. Kronke meet with one of the staff members in the Engineering and Physical Development Department to ascertain how this right-of-way was acquired to widen the street. *Mayor Luby and Council Member Gill departed the meeting at 4:40 p.m. Mr. A. C. Johnson, 7117 Southhaven, stated that he is present at the Council Meeting to determine the status of the property in the 7100 Block of Padre Island Drive. Mr. Johnson informed the Council that he understands that a letter has been written to the developers of Fun World requesting more information about their project. He emphasized the fact that he and his neigh- bors cannot wait for an exchange of letters because they must file an appeal on the decision of the Board of Adjustment within 10 days. City Manager Townsend explained that the allotted time for filing the appeal in Court is ten days from the date the minutes of the Board of Adjustment are available, and he understands that these minutes will not actually be avail- able until today or tomorrow. City Manager Townsend summarized the situation by stating that the permits were issued for this project which includes a skateboard tract, four revolving typesof basketball courts and a pool with a slide. He stated that a letter was sent to the developer to the effect that construction should not begin until the Building Division has investigated the plans for the complex, noting that some of the plans indicate that violations to the Building Code might exist. Mr. Townsend further stated that at the time the appeal was heard by the Board of Adjustment, several of the property owners in the area appeared, but the developer was not present and that he did not know how the situation was resolved by the Board of Adjustment without questions having been answered by the developer. He expressed the opinion that even though the Board has acted, it is possible they did so without enough information and the matter may have to go before the Board again. Mr. Townsend stated that some of the Minutes Regular Council Meeting January 11, 1978 Page 21 uses planned are legal under the "B-4" zoning but there is a question about some of the items. He did, however, state that the Board of Adjustment might not change their ruling even if another hearing is held. City Attorney Aycock pointed out that the only safe course for the neighboring property owners is to treat the Board's action as final and file an appeal in District Court if they desire. He further stated that the statute provides that anyone can appeal a decision of the Board of Adjustment, includ- ing the City, but the City would be in an awkward position since the City staff had recommended the approval to the Board of Adjustment. Mr. Aycock expressed the opinion that an individual would be in a better position to file an appeal and suggested that Mr. Johnson seek legal counsel. Mayor Pro Tem de Ases inquired if anyone had heard from the developer since the problems connected with this project had arisen. City Manager Townsend stated that they had not, either at the hearing or in response to Mr. Bill Hennings' letter in which he listed the violations. Mayor Pro Tem de Ases stated that it is possible that none of the parties involved desire to go to court and suggested that a member of the staff personally contact the developer in an effort to resolve the matter. Mr. Johnson expressed dissatisfaction with the action of the members of the Board of Adjustment and asked if anything can be done about this. Mayor Pro Tem de Ases suggested that he might desire to recommend names to be considered by the Council for appointment to the Board of Adjustment when the current terms of the present members have expired. City Manager Townsend assured Mr. Johnson that he will be contacted after a staff member has discussed the matter with the developer. Also speaking on this matter was Mr. W. T. Mizzell, 7113 Southhaven, who stated that he was one of the property owners who had appealed to the Board of Adjustment and indicated that safety was not considered by the Board of Adjustment during the hearing and expressed the opinion that the planned com- plex was a dangerous situation since it is located at a hazardous intersection. Minutes Regular Council Meeting January 11, 1978 Page 22 Mr. Mizzell informed the Council that a large number of citizens are concerned about this complex. Council Member Diaz asked about a copy of a letter that the Council had received which was a request from Mr. Ed Low of the Johnny Rodriguez Life Enrichment Center to conduct a telethon at the Coliseum at no charge. City Manager Townsend stated that Mr. Low needs to submit his request through the usual channels and noted that the letter referred to was addressed to the proper staff member who would take care of the matter. There being no further business to come before the Council, on motion by Sample, seconded by de Ases, and passed unanimously, the meeting was adjourned at 5:15 p.m. January 11, 1978.