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HomeMy WebLinkAboutMinutes City Council - 03/22/1978PRESENT: *Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz **Ruth Gill ***Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 22, 1978 2:OO,P. M. 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 Bob Gulley in the tempo- rary absence of Mayor Gabe Lozano, Sr., who was conducting official City business in his office. The invocation was presented by the Reverend Warren J. Piersol of the Faith Temple. Mrs. Dorothy Zahn, secretary in the Office of the City Secretary, called the roll of required Charter Officers in the temporary absence of City Secretary Bill G. Read and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Pro Tem Gulley announced that Mayor Lozano had issued a proclamation designating March 25, 1978 as "FLOUR BLUFF DAY." Motion by Diaz, seconded by Sample, and passed unanimously that the Minutes of the Regular Meetings of February 15 and February 22, 1978 be approved as presented. Mayor Pro Tem Gulley announced the Public Hearing on the closing of Austin Street between Angel Drive or Breezeway and Chamberlain. City Manager Townsend, stated that a hearing was previously held on this closing at the request of Incarnate Word Academy; the street was closed subject to modification of the intersections at Breezeway and Chamberlain to remove all sem- blance of a public street and the replatting of Block 609, Port Aransas Cliffs; however, another hearing is necessary because all residents within 450 feet of the street closing were not notifed. He suggested that since the matter has been before the Council before, that those appearing before the Council at this time refer to previous comments in order to avoid repetition of the same points and present only additional information at this hearing. *City Secretary Read returned to the Council Meeting at 2:04 p.m. *Mayor Lozano arrived at the meeting at 2:05 p.m. and asked tAnl�LPtED, ISVP 0 3 1980 Minutes Regular Council Meeting March 22, 1978 Page 2 the public hearing in order to recognize "Miss Flour Bluff" and other residents of Flour Bluff. Miss Donna Stewart ("Miss Flour Bluff") invited Mayor Lozano and all of the Council Members to attend the annual Flour Bluff pageant at the Padre Island Beach Hotel, Saturday, March 27, 1978, at 8:00 p.m. * * * * * * The public hearing on the proposed closure of Austin Street continued. City Manager Townsend reminded the Council that the request to close this portion of Austin Street was from the architects and the Advisory Committee of Incarnate Word Academy, and the action taken by the Council at the previous public hearing was that the street should be closed as soon as all semblance of a public street had been removed and Block 609, Port Aransas Cliffs had been replatted, following which Incarnate Word Academy was authorized to proceed with the planned construction. He reiterated that since a public hearing had been held previously, there is no reason to present all of the testimony again. Mayor Lozano invited those who wished to speak on this matter to appear before the•Council at this time. Mrs. Tommie Ballengee, 2830 Austin, spoke in opposition to the closing of this portion of Austin Street. Mrs. Ballengee stated that the residents of Port Aransas Cliffs Subdivision have been deprived of the use of the street; that she had not received a notice of the public hearing; felt that it was evident that no impact study on the neighborhood was made; and felt that the drainage would be impaired if this portion of Austin Street is closed. Mrs. Ballengee informed the Council that this is a neighborhood in which a number of retired citizens reside, and they need the access of the closed portion of Austin to get to a store in the neighborhood, pointing out that many of the residents walk or ride bicycles through this street, Mrs. Ballengee contended that the closure of this portion of Austin Street had increased traffic on neighboring streets, thus creating a traffic hazard and vandalism in the neighborhood. Mrs. Ballengee presented a petition containing 75 signatures of residents of the general area of the street closing.expressing oppo- sition to the closing of the 2900 block of Austin Street. She stated that the Minutes Regular Council Meeting March 22, 1978 Page 3 petition requested that the free use of this portion of Austin Street be restored immediately. Mrs. Ballengee further explained the problems created for resi-' dents in the area when the school traffic exists early in the morning and when school is dismissed, since Austin Street is their main thoroughfare to provide exit from the area. Mayor Pro Tem Gulley asked about the wording of the criteria used in order to close a street. City Attorney J. Bruce Aycock stated that it must be in the public interest to close a street or alley in the City and notices of the public hearing are to be sent to the last known address of property owners within a 450 -foot radius of the street or alley to be closed. Mayor Pro Tem Gulley inquired as to whether or not the street is now open, and City Manager Townsend stated that the street is physically temporarily closed as a result of the decision of the Council at the previous public hearing. Mr. Townsend noted that the Council could consider this hearing as a new hearing and make their decision accordingly. City Attorney Aycock stated that there was some question about the ade- quacy of the previous notices sent to property owners, and it was felt that it would be better to correct the situation now by conducting a second hearing to see that all of the people received notices in accordance with the Charter. City Manager Townsend further explained that this is a second hearing on the same matter, and it would be proper for the Council to take whatever action they feel should be taken. He also noted that if Incarnate Word Academy feels that the notice procedure was correct for the first public hearing, and the Council rescinds their decision to close the street, the School might have a reason to challenge that decision. Mr. Townsend stated that most of the residents within the required area did receive notices prior to the first hearing, but apparently, one section was omitted from the list of property owners to be noti- fied. He pointed out that this is the reason for the second hearing, and if Council reaches a different decision than that following the first hearing, then that is what should be carried out. Minutes Regular Council Meeting March 22, 1978 Page 4 Council Member Holt asked Mrs. Ballengee to point out the location of her residence, which she did, and he informed her that she would never receive a notice of public hearings for this street, since she lives outside the 450 -foot radius. Mr. Holt did agree that there is an ingress and egress problem in the area and suggested that traffic lights be installed at Angel or Chamberlain Street. Speaking next in opposition to the street closing was Mrs. Mildred B. McBride, 2935 Lawnview, who stated that she had signed the form for Incarnate Word Academy indicating that she had no objection to the closure, but indicated that the matter was misrepresented to her in that the person contacting her had stated that the street was being closed for the safety of the children attending the school. She stated that she understood that it wohld be closed just during school hours. Mrs. McBride informed the Council that she had received a notice of the hearing. She also mentioned that a neighbor of hers, Mrs. Helen M. Hart, 2945 Lawnview, had written a letter of opposition to the closing since she was unable to attend this meeting. Also speaking in opposition to the closing was Mrs. John Lee, 2834 Austin, who stated that she had not received official notification of the first hearing but did receive one prior to this hearing. She also contended that closing the street creates more school traffic and the students drive quite fast through her neighbor- hood. Council Member Holt asked Mrs. Lee if she was saying that the students speed in her block of Austin Street since the 2900 Block is closed but do not speed when that block is open, and Mrs. Lee stated that this is correct. Mr. Bill M. Miller, 2805 Austin, who lives outside the 450 -foot radius, spoke in opposition to the closing because he feels that the closing will adversely affect the drainage. City Manager Townsend explained that the drainage is carried down Angel Street to Alameda; the storm sewer located in that portion of Austin Street serves only that portion of Austin Street; and the engineers have advised that there is no problem in draining the area. Mr. Miller disagreed with that theory and reiterated that he felt that flooding would be created by the closing of the street. -MinL__d Regular Council Meeting March 22, 1978 • Page 5 City Manager Townsend assured Mr. Miller that if he feels that there is a catch basin problem, this will be brought to the attention of the Engineering Department for further study. Mrs. Ellie Peterson, 2801 Austin, spoke in opposition and stated that she resides in an apartment house and none of the tenants were notified of the public hearing. She informed the Council that there are several elderly persons living in the apartment house and they are greatly inconvenienced by the closing of this portion of Austin Street. Also speaking in opposition to the closing was Mr. George Chapman, who owns property at 2929 Lawnview. Mrs. Lee, who had spoken earlier during the hearing, asked how the valuation of their property would be affected if the street is closed. City Manager Townsend assured her that the Traffic and Transit Department staff does not feel that the closing will affect the traffic, and informed her that evaluation of property is set according to the sale of property in the neigh- borhood, and until sales are made it will not be known whether or not the property values will be affected. Speaking on behalf of the applicant for the street closure was Mr. Romeo Garcia, Architect with the firm of SHWC, Inc. He presented copies of a brochure on the proposed street closing to the Council and stated that he intended to cover only the items that were presented by the opposition today. Mr. Garcia referred to Mrs. Ballengee's concern about the storm sewer problem and stated that he is familiar with the area and informed the Council that there are two outlets in the center of Austin Street. He stated that Incarnate Word Academy has commissioned an engineering firm to study the matter, and they will take care of any drainage problem that may be evident. Mr. Garcia referred to the parking on the street and Mrs. Ballengee's allegation that this problem had become more difficult since the closing of Austin Street. He stated that he resides in this neighborhood, and this problem is no more difficult now that it was six months ago when this portion of Austin Street was open. He assured the Council that the Academy is trying to relieve that Minutes Regular Council Meeting March 22, 1978 Page 6 problem by providing more parking spaces on the school property. In regard to the statement that vandalism has increased, Mr. Garcia stated that the closing of Austin Street could not possibly have any relationship to that problem. Mr. Garcia also stated that his firm had obtained signatures of 74% of the residents within the 450 -foot radius indicating that they have no objection to the closing. He stated that the facts were not misrepresented to the residents because they were presented the same brochure that he had passed to the Council; stated that 7.5% of the residents did not sign the forms but stated that they did not oppose the closing; 12 residents indicated that they would oppose the street closing; and there were 8% of the owners of property who could not be located. Mr. Garcia explained that the matter had been discussed with Mr. James K. Lontos, Director of Engineering and Physical Development, and Mr. Tom Stewart, Director of Traffic and Transit, and both of them indicated that they did not see any problem with traffic if the street is closed. He explained that presently the children must cross Austin Street to reach their playground, and that is the pri- mary reason the school has requested the closing. Mr. Garcia urged that the Council reaffirm their original decision to close the street. He referred to Mrs. Peterson's concern that residents would be unable to bicycle or walk through that area and stated that this portion would be open and would be a green space with the exception of two asphalt drop-off points on the school property. Council Member Gill inquired if the residents in the area who ordinarily bicycle or walk through this area would be allowed to do so if the Academy owns the property. She also suggested that a traffic light be placed on Angel Street to help those motorists attempting to enter Alameda Street. City Manager Townsend assured her that either the Council or the Traffic Engineer can designate traffic light installation, and it would be possible to require the school to leave a pedestrian way open to the public in the Austin Street right-of-way or an alternate location. Council Member Holt suggested that a sidewalk be installed at the edge of the existing street for use by the elderly who ordinarily walk down this street. Min e Regular Council Meeting March 22, 1978 Page 7 Mr. John Wright, XII, President of the Education Committee for the school, stated that when this project was started, it was with the intention of making the place safe for children. Mr. Garcia stated that the representatives of the Academy will be glad to work with the staff to provide access and egress through the property for residents of the area. Mayor Pro Tem Gulley inquired of the staff if they are sure that all of the residents received proper notice of this public hearing. City Secretary Read explained that the list prepared by the applicant, the first list prepared by the Tax Office and the additional list prepared by the Tax Office had all been corre- lated to be sure that every name appearing on all of these lists had been notified, and if a notice was returned, telephone calls were made to determine the current owners of the property, and additional copies were sent to new addresses. City Manager Townsend assured the Council that there is no question that adequate notice had been made because every list has been carefully checked several times. Speaking in favor of the closing were Mrs. Pat Eisenhower and Mrs. Richard R. Garza, both of whom expressed concern for the safety of the small children who use the playground across Austin Street and urged that the street be closed. No one else spoke in regard to this matter. Motion by Gulley that the hearing be closed, seconded by Sample, and passed unanimously. Council Member Gill summarized the discussion by pointing out that some of the residents feel that they need access through this block by automobile; some feel that they need a pedestrian way; and others feel that a traffic light is needed to enable them to get onto to Alameda Street and asked if traffic counts were made before and after the street closing. City Manager Townsend stated that he does not feel that traffic counts have been made in the past, but indicated that the City could require that access by foot be assured by the school through the installation of a hard -surface walk- way; that a traffic count be made to see if a traffic light is needed to aid the local residents; and that police patrol the area to insure that motorists are not speeding on the adjacent streets. Minutes Regular Council Meeting March 22, 1978 Page 8 Motion by Diaz that the street be closed on the condition that an easement be retained by the City for pedestrians, a study be made in regard to the possible need for a traffic light, assurance that drainage ways remain in place, that replat- ting of Block 609, Port Aransas Cliffs be accomplished, and the street closing will not become effective until modification has been made at the intersection at each end of the portion of Austin Street to remove any semblance of a public street intersection; seconded by Juarez; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, abstaining. City Manager Townsend reminded the Council that the public hearing on the zoning cases was scheduled for 3:30 p.m. and suggested that they be considered at this time. City Manager Townsend announced the public hearing on Application No. 178-8, Mr. Edwin V. Adams, for change of zoning from "B-4" General Business District to "I-3" Heavy Industrial District on Lots 1, 2 and 3, Block 1, Baywood Addition, located on the southwest corner of South Padre Island Drive and Baywood Lane. He informed the Council that the Planning Commission recommends denial but in lieu thereof a special permit be approved to provide retail distribution of LP gas and that the site be limited to the existing buildings, and the Planning Staff recom- mends denial on the basis that the facility is in close proximity to an area that is zoned and being used for single-family residences and is considered an objec- tionable use that must also go before the Board of Adjustment. Mr. Townsend stated that in response to the notices of the public hearing, two in favor and none in opposition had been returned. 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 applicant is willing to accept the Special Permit. Council Member Sample inquired if this application is approved, would it have to go before the Board of Adjustment, and Mr. Wenger confirmed that it would. City Manager Townsend elaborated on this by stating that the owner would be required to go before the Board of Adjustment to assure that the individual Minutes Regular Council Meeting March 22, 1978 Page 9 plans are such that the use will be safe in that locale. Council Member Sample stated that he would like to hear from the applicant about the safety of the facility. Mayor Lozano ascertained that the applicant was not present. Motion by Diaz that this application be tabled at this time since the applicant is not present, seconded by Juarez. City Manager Townsend explained to the Council that as soon as other busi- ness is transacted by the Council, a tabled matter may be considered during the same meeting. Mayor Lozano called for the vote on the motion to table this matter and it passed unanimously. * * * * * * Mayor Lozano announced the public hearing on Application No. 278-7, Hunt Developers, Inc., for change of zoning from "A-2" Apartment House District, "B-4" General Business District, and "R-2" Multiple Dwelling District to "R -1B" One - family Dwelling District on a 27.53± acre tract of land out of Lots 30 and 31, Section 28, Flour Bluff and Encinal Farm and Garden Tracts located on the north side of Holly Road approximately 500' east of Rodd Field Road. City Manager Townsend informed the Council that both the Planning Commis- sion and the Planning Staff recommend approval.' He stated that in response to the notices of the public hearing, none 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 developers are in the process of constructing one -family dwelling units. City Manager Townsend informed the Council that the reason for the request is because there is a difference in the width of the streets required for residen- tial property, and "R -1B" would reflect the type of construction that is being developed. No one spoke in opposition to this application. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Minutes Regular Council Meeting March 22, 1978 Page 10 Motion by Sample that the Council concur with the Planning Commission and the zoning of "R -1B" be approved for this tract; seconded by Diaz; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 278-11, Dr. Roger Byrne, for change of zoning from "A-2" Apartment House District to "B-4" General Business District on a 2.24± acre tract of land out of Lots 3 and 4, Oso Farm Tracts, located on the south side of Corona Drive approximately 1,200' east of Flynn Parkway. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial. He informed the Council that in response to the notices of the public hearing, two in favor 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 land is presently vacant. Mr. Wenger stated that the Planning Staff recommends denial on the basis that it would constitute further encroach- ment into a residential area and would generate more traffic in this highly congested area of Everhart and South Padre Island Drive. As background informa- tion, Mr. Wenger informed the Council that originally a special permit for "A-1" limited to 10 units per acre was approved for this area as a buffer zone between the single-family residences in Stonegate Subdivision and "B-4" zoning to the north, and the existing "A-2" was approved in December, 1977. City Manager Townsend stated that the street system was not designed for the traffic that has increased as the result of the many changes that have been approved in this area. Mr. Townsend explained that professional offices can be built in "AB" zoning. Mayor Lozano called on the applicant to speak at this time. Dr. Roger P. Byrne, D.D.S., 5315 Everhart, stated that he was speaking on behalf of several dentists and representatives of dental services. He explained that they had requested "B-4" zoning but they would be glad to compromise with Mint". -s Regular Council Meeting March 22, 1978 Page 11 "B-1" zoning. Dr. Byrne stated that the group planned offices for dentists, dental surgery, commercial laboratories, and a retail pharmacy, and they need the "B-1" zoning to provide flexibility because this would be a large complex and they plan to lease space for retail outlets in the complex. Dr. Byrne continued and referred to the objections expressed by the Planning Staff. He stated that things have changed in the area; Corona Drive has been changed and is no longer a cul-de-sac; Flynn Parkway will be opened soon; and the apartment owners adjacent to the property are in favor of this complex. In regard to the traffic flow, he expressed the opinion that this complex would not create any more traffic than "A-1" and "A-2" zoning. He then introduced the dentists associated with the project. City Manager Townsend reminded the Council that although this is a public hearing, in view of the applicant's willingness to accept "B-1" zoning, the Council does have the prerogative to send the application back to the Planning Commission if they desire. Dr. Byrne stated that although they originally requested "B-4" zoning, they had offered to accept "B-1" zoning at the Planning Commission hearing. Dr. Brian Shufelt spoke in favor of the application and stated that they felt that there is a need for this type of facility which will provide a group concept for the dental services. He stated that most of the dentists involved have their offices located on Everhart, and this facility will concentrate all of the offices at this one location, which will also make it easier for patients to avail themselves of all of the required dental services in one complex. Mr. Ralph Bennett of Bennett, Martin and Solka Architects, appeared on behalf of the applicant and stated that they plan to construct a 24,000 -foot structure of one story; this would be a natural buffer use; and no more traffic will be created than would be for "A-2" zoning. He also pointed out that there were no objections to the change of zoning at the Planning Commission hearing. Council Member Diaz inquired about the veterinary clinic proposed for this complex, and Mr. Bennett stated that if such a clinic is not allowed in "B-1" zon- ing, then this clinic would not be located there. City Manager Townsend pointed out that this land has not been platted yet and asked how access to the property would be provided. Mr. Bennett explained Minutes • Regular Council Meeting March 22, 1978 Page 12 that the owner of the property behind this location plans to build townhouses and an opening through that property will be available to the dental complex. Mr. Romeo Garcia, representing the Planning Commission, stated that the Commission was concerned with the location at the intersection of Everhart Road and Padre Island Drive; they felt that there is ample "B-4" property around this particular area; and reminded the Council that Conn -Sherrod Construction Company had recently approached the Commission and the Council about a complete site plan for this entire area. Dr. James Cooper, 5620 Everhart, stated that his group was aware of Mr. Sherrod's plans and they had approached him to include their complex in the area. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Gulley that the zoning on this tract of land be changed to "B-1"; seconded by Juarez; and passed unanimously. • City Manager Townsend announced the public hearing on Application No. 278-12, Mr. Ben Marks, Trustee, for change of zoning from "A-1" Apartment House District to "A-2" Apartment House District on 5.02± acre tract of land out of Lots 3 and 4, Oso Farm Tracts, located on the southeast corner of Flynn Parkway and Corona Drive. Mr. Townsend stated that the Planning Commission recommends approval, and the Planning Staff recommends denial. He further informed the Council that in response to the notices of the public hearing, one in favor had been returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and explained that the owner plans to develop a total of 117 units, or 13 units per acre, which is less than the maximum number of units allowed. Council Member Gill inquired about the continuation of Flynn Parkway, and City Manager Townsend stated that it will be the staff's recommendation that Flynn Parkway be continued as a condition of new platting. No one spoke in opposition to this application. Minutes Regular Council Meeting March 22, 1978 Page 13 City Manager Townsend reminded the Council that the last time this property in this location was considered, the park dedication was discussed, and it was the staff's understanding that the park would be dedicated. Mr. Ben Marks, Trustee, the applicant, stated that he had received a release from the City in regard to the park dedication and had paid the City funds in lieu of the park dedication. Mr. Marks stated that if the City now required the park dedication, he would be placed in default with the potential purchaser of the land. Mr. Reuben Welsh, Jr., representing the applicants, stated that they pro- posed to construct an apartment complex on two sites. He presented a drawing of the plan and stated that they will only develop 26 units per acre, pointing out that there is open space in the plan. He also stated that they plan to construct 117 units in the "A-2" portion of the land. Council Member Gill inquired if the requirement of 30% for open space is the same for "A-2" as it is in "A-1" zoning, and Mr. Wenger replied that "A-1" zoning requires 35%, and "A-2" requires 30%. Mr. Marks explained that the reason they are requesting "A-2" zoning is because they want to add somewhat more units than allowed in "A-1" zoning, but they will not construct as many units as allowed in the requested zoning. He also pointed out that the continuation of Flynn Parkway will not occur until this property is developed. Mr. Marks then presented a letter from the purchaser stat- ing that they will dedicate park land as required. Council Member Diaz inquired if the purchasers will be obligated to follow the plan that was presented to the Council. Mr. Welsh stated that the developers are committed to the density as stated. Council Member Gill commented that the plan indicates no landscaping, but just parking areas. Mr. Welsh stated that there is no reason why they cannot have a planted area because there is a 15 -foot wide strip that is reserved for a green area. City Manager Townsend asked if the 15 -foot wide strip referred to is the owner's pro- perty or public right-of-way, and Mr. Welsh stated that it is public right-of-way. Minutes Regular Council Meeting March 22, 1978 Page 14 Council Member Gill suggested that the Council consider denial of the "A-2" zoning and in lieu thereof consider approval of a special permit based on the plan displayed before the Council. Mayor Pro Tem Gulley stated that this is every large project, and he did not feel that the Council should limit the developers. No one else spoke in regard to this application. Motion by Gulley that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and the zoning on this tract of land be changed from "A-1" to "A-2"; seconded by Juarez; and passed unanimously. Mayor Lozano referred to the application of Mr. Edwin V. Adams, which was tabled earlier in the meeting and inquired if the applicant was present at this time. No one appeared to represent the applicant. Motion by Gulley that this matter be removed from the table, seconded by Holt, and passed unanimously. Motion by Gulley that the hearing be closed, seconded by Holt, and passed unanimously. - Motion by Gill that the Council concur with the recommendation of the Planning Commission and deny the requested zoning of "1-3" but in lieu thereof, approve a special permit to provide retail distribution of LP gas and that the site plan be limited to the existing buildings; seconded by Juarez; and passed unanimously. * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held April 26, 1978 at 2:00 p.m. on a supplemental application to the Urban Mass Transportation Adminis- tration to increase the City's approved 1976 Transit Capital Grant. Inflation in equipment prices has caused a needed increase from $385,110 to $665,060 or $279,950. The City's share (7%) will be increased from $26,958 to $46,554 or $19,596 which is available from the 1972 bond election. Projects included remain the same and are purchase of four 25' and two 35' transit buses, one van for the elderly and handicapped, a coin sorter, seven fare boxes (bids have been received), seven two- way radios (on order) and sixteen bus shelters. - Minutes Regular Council Meeting March 22, 1978 Page 15 City Manager Townsend explained that the buses have been redesigned and the cost has been greatly increased; therefore the standard specifications for buses, according to Federal grant requirements, have been changed. He stated that consequently the City must send in an amendatory application, and a public hearing must be conducted. b. Recommendation that the public hearing on the following zoning case which was originally scheduled for March 29, 1978 be reset for April 12, 1978 at 3:30 p.m. during the Regular Council Meeting at the request of the applicant. Legal publication has not been made and notices have not been mailed out to the surrounding property owners. Mr. Carl Webb: "R -1B" to "A-1", located on McIver Street between Matlock Street and South Padre Island Drive. Two other zoning applications are already set for April 12. c. Recommendation that bids be received at 11:00 A.M., Tuesday, April 11, 1978 for a replacement ice machine for the Airport Restaurant. The city provides this type of equipment for the Airport Restaurant and recovers its cost as part of rent income. d. Recommendation that bids be received at 11 a.m., Tuesday, April 11, 1978 for the following budgeted items: 1. Electrical service to the new high service pump being purchased for the Stevens Water Treatment Plant. The pump will increase pumping capacity from 72 to 88 million gallons of water per day. During periods of high water demand, the plant has been producing at near capacity. 2. A replacement sand blaster for the Gas Division. The sand blaster is used to clean rust and paint from meters and regulators when they are overhauled. e. Recommendation that bids be received at 11 a.m., Tuesday, April 11, 1978 for the following budgeted replacement mowing equipment: 1. A 5 -unit gang tractor mower with hydraulic travel lift, 2 60" self- propelled rotary mowers and a 72" rotary mower for the Park Division. 2. A 7 -unit reel type tractor drawn gang mower and a 10' tractor drawn fertilizer spreader for the Oso Golf Course. 3. A 22" self propelled rotary mower for the Gas Division. 4. A 16 hp lawn and garden tractor with a minimum 48" rotary mower for the Wastewater Services Division. 5. A 60" rotary mower for the Street Division. f. Recommendation that two 10' utility easements in Lots 10, 11 and 12, Block D, Flour Bluff Estates #1, located at the intersection of South Padre Island Drive and N.A.S. Drive, be closed subject to the owner replatting the property and dedicating a 5' easement along the east property line of Lot 12 and extending 5' into Lot 15 so that a con- tinuous easement will exist at the rear of Lots 13 and 14. All affected departments concur. It is further recommended that temporary use of the easement, not to exceed one year, be approved until replatting has been accomplished. Minutes Regular Council Meeting March 22, 1978 Page 16 g. Recommendation that the Land Drilling Ordinance be amended so that operators seeking a change in drilling block boundaries will be required to survey the boundaries of only those blocks which they are seeking to amend. The recently established notification procedure for boundary changes requires the operator to survey the boundaries of the blocks he wants changed and any other blocks which will be modified because of the request. The original drilling block boundaries were not established by survey. h. Recommendation that the Convention Center Manager be authorized to approve the sale of beer for events at the Coliseum and Exposition Hall. The Director of Inspections and Operations now approves the requests for the City Manager. In 1960 when the sale of beer was authorized in the buildings, the City Manager was required to approve each event at which beer was to be sold. i. Recommendation that the bids scheduled to be received March 29, 1978 for the Broadway Wastewater Treatment Plant be rescheduled to be received on May 3, 1978. Recommendation that $7,600 be appropriated from the Street Bond Fund for additional costs for Nueces Bay Boulevard, I.H. 37 to Broadway and Airport Road, Morgan to Agnes projects. The State has received bids which result in the City's share increasing by $4,500 for Airport Road and $3,100 for Nueces Bay Boulevard. The City has previously transferred $206,300 to the State based on preliminary estimates. j• k. Recommendation that the Corpus Christi Beach Drainage Improvements Contract II be accepted and final payment of $30,633.63 for a total of $305,437.56 be made to Heldenfels Brothers. The project was in the 2nd year Community Development Program and included the construction of a storm sewer outfall in North Shoreline Boulevard from Surfside to the Corpus Christi ship channel. 1. Recommendation that the preliminary assessment roll for street improve- ments for the following streets: 1. Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street; 2. Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard; 3. Mohawk Street from Blake Street to Morgan Avenue; 4. Aztec Street from Cheyenne Street to Blake Street; 5. Osage Street from Morgan Avenue to 300 feet south of Aztec Street; 6. Seminole Street from Blake Street to Aztec Street; 7. Rosewood Street from Blake Street to Morgan Avenue; 8. Reynosa Street from Burnet Street to Belton Street; 9. Tasco Street from Sarita Street to State Highway 286. be adopted and the public hearing on the assessments be held at 7:00 P.M. Wednesday, April 19, 1978 at the Lozano School. The assessment roll has been prepared in accordance with the current assessment policy based on the low bid of M & M Construction Company. m. Recommendation that Naismith Engineers be engaged to develop a drainage and sanitary sewer master plan for an area of approximately 61 square miles south of Nueces River and west of U.S. Highway 77 along FM 624. The area drains into the Nueces River above the City's water intakes, is within the City's extraterritorial jurisdiction and is rapidly developing. An appropriation of $27,670 is requested for engineering costs and the required planimetric to establish contours. Mino..es Regular Council Meeting March 22, 1978 Page 17 n. Recommendation that the ordinance authorizing an agreement with Inter- national Aerial Mapping Company of San Antonio for aerial photography of positions of the Corpus Christi Urban Transportation Study area be cancelled. The State Department of Highways and Transportation has not approved the 1976 proposal. A project to include Portland will be sub- mitted at a later date. o. Recommendation that a contract be authorized with Williams -Stackhouse, Inc., to provide aerial photographs of the City and designated fringe areas and three aerial mosaics for approximately $25,000 with the coat to be from Community Development planning. The last aerial photograph atlas sheets at 1" = 200' scale were made in 1974. The last mosaics were flown in 1972. Current aerial photos are very important to plan- ning, engineering, tax and utility activities. City Manager Townsend located the area involved in this item and explained the types of aerial photographs that will be made. He stated that the purpose of the photographs is to obtain drainage contours and that they will also be used in the preparation of the sanitary sewer plan. Mr. Townsend indicated that within the next few weeks, additional requests for approval of photographs will be pre- sented in connection with Choke Canyon. Mr. Bill Nicholson, developer of Quail Valley Subdivision, objected to approval of this item, because he felt that this is just a preface to the next annexation and he objected to City funds being expended for this purpose. City Manager Townsend pointed out that the Council has an obligation to protect the City's water supply; septic tanks are being installed in this entire area; the Council not only has the authority, but also the obligation, to approve funds for this purpose; and assured the Council that the extraterritorial juris- diction grants them the authority. Mayor Lozano assured Mr. Nicholson that a good plan for sewer systems will protect developers in that area as well as other areas in the City. p. Recommendation that a closed meeting be held to discuss appointment of a department or division head. City Manager Townsend suggested that this matter be considered at the close of the meeting. q. Recommendation that 118 replacement and 11 additional vehicles be purchased for various City departments from the following firms: Minutes Regular Council Meeting March 22, 1978 Page 18 Creveling Motor Company, Corpus Christi: 27 standard 4 -door sedans with air conditioning and police package $144,406.09 8 4 -door compact sedans with air conditioning and police package $ 38,213.04 6 4 -door compact sedans with air conditioning $ 25,794.38 2 3/4 ton 5 -passenger window vans $ 10,954.92 1 3/4 ton 8 -passenger window van $ 5,745.55 2 1 -ton 2 -passenger panel vans with air conditioning $ 12,238.14 26 1/2 -ton pickup trucks $106,080.00 Total $343,432.12 Gainan's Chevrolet City, Inc., Corpus Christi: 2 compact 4 -door sedans 5 2 -door subcompact sedans with air conditioning 8 2 -door subcompact sedans 1' 1/2 -ton compact pickup truck 1 1/2 -ton 4 -wheel drive pickup truck 2 3/4 -ton pickup trucks $ 8,029.74 $ 18,070.85 $ 25,654.00 $ 4,113.20 $ 5,934.30 $ 9,267.26 Total $ 71,069.35 Tradewinds Ford Sales, Inc., Corpus Christi: 1 1/2 -ton 2 -passenger window van $ 5,086.00 1 1/2 -ton 2 -passenger window van with dual unit air conditioning $ 5,952.30 5 -10,000 GVW (gross vehicle weight) cab and chassis with 60" cab axle $ 23,889.15 1 20,200 GVW crewcab and chassis with 68.5" cab axle $ 7,415.00 1 23,000 GVW cab and chassis with 84" cab axle $ 7,575.00 1 23,000 GVW cab and chassis with 138"'cab axle $ 7,700.00 Total $ 57,617.45 Edaburn International Trucks, Inc.•, Corpus Christi: 9 20,000 GVW cabs and chassis with 60" cab axle $ 57,991.32 3 20,000 GVW cabs and chassis with 84" cab axle $ 19,445.88 5 20,000 GVW cabs and chassis with 138" cab axle $ 33,562.90 1 23,660 GVW cab and chassis with 60" cab axle $ 7,549.20 1 23,660 GVW cab and chassis with 102" cab axle $ 7,606.92 1 28,000 GVW cab and chassis with 84" cab axle $ 12,679.54 .8 28,000 GVW cab and chassis with 138" cab axle $103,988.16 Total $242,823.92 GRAND TOTAL $714,942.84 The apparent low bide of $10,927.08 and $5,572.82 by Tradewinds Ford on the two 3/4 -ton 5 -passenger window vans and the 3/4 -ton 8 -passenger window van, respectively, are not recommended because the side and rear windows are not capable of being opened for ventilation as specified. The apparent low bids of $4,097.05 and $7,587.00 by Wayne Strand Pontiac -GMC on the 1/2 -ton compact pickup truck and the 23,000 GVW cab and chassis with 102" cab axle, respectively, are not recommended because the pickup truck bid was a full size one and the wheel bid on the cab and chassis do not have rims with split outer lock rings. Bide were received from 6 firma. Price comparison shows an increase of approximately 122. **Council Member Gill departed the meeting at 4:55 p.m. Minutes Regular Council Meeting March 22, 1978 Page 19 During a discussion of this item, City Manager Townsend informed the Council that he had received a recommendation from Police Chief Bill Banner on the possibi- lity of changing from two-man patrols to one-man units, and if this is accomplished, additional vehicles would be required. Mr. Townsend further stated that there is a time element involved in ordering the vehicles, and he would like to have the Council's approval to order six additional police cars, which would represent an increase to 33 of the item listed under Creveling Motor Company. He assured the Council that this item for the additional vehicles will be on the agenda next week for formal approval, but he would like to have permission from the Council to order the vehicles today. Council indicated that they agreed to this approval, subject to further discussion next week. r. Recommendation that bids be received at 11:00 a.m. Tuesday, April 11, 1978, for four drop-in type ice dispensers and portable aluminum scaf- folding for the Community Auditorium. Last week, $13,218 was appropriated to pay for this and other equipment for the Auditorium. Because the cost of these two items exceeds $2,000, formal bids are necessary. There were no comments from the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "r" be accepted as presented; seconded by Sample; and passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent at the time the vote was taken. City Manager Townsend announced the tabled matter of the closing of Shely Street between Churchill Drive and Fig Street. This portion of Shely Street goes through HEB Park. Planned expansion of the HEB Tennis Center, for which a grant application has been submitted to the Bureau of Outdoor Recreation, includes clos- ing the street. Closing of the street would decrease the amount of park and other non -local traffic passing through the adjacent subdivision. Mr. Townsend reminded the Council that a hearing was held on March 1 and closed, and the matter was tabled for a further staff report. City Manager Townsend informed the Council that a petition containing 21 signatures was received in his office today expressing opposition to the closing of Minutes Regular Council Meeting March 22, 1978 Page 20 this portion of Shely Street because heavier traffic is created during rush hours on Tarlton Street. He also advised the Council that a letter in opposition from Mr. C. C. Speed and Mr. B. W. Bell had been received, noting that they are the owners of business -zoned property in the vicinity. Motion by Sample that the matter be removed from the table, seconded by Diaz, and passed unanimously. City Manager Townsend displayed before the Council several alternate plans for the tennis courts if the street is not closed and pointed out that none of the plans would provide as many tennis courts as would be possible if the street is closed. City Manager Townsend suggested that the Council might wish to instruct the staff to work with the citizens who had submitted the petition to ascertain if their opposition exists because of a problem with traffic on Tarlton Street. He stated that the traffic count on that street could be analyzed further to see if some of the traffic flow involves those using the tennis courts, indicating that the Depart- ment of Traffic and Transit staff might be able to meet with the people in the area in an attempt to work out this problem. Motion by Gulley that the matter be tabled further for additional study by the staff, seconded by Sample, and passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent at the time the vote was taken. ***Council Member Holt departed the meeting at 5:50 p.m. * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. There were no comments from the Council or the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 36-38, SALE OF ALCOHOLIC BEVERAGES, SO AS TO AUTHORIZE THE CONVENTION CENTER MANAGER TO APPROVE THE SALE OF BEER FOR EVENTS AT THE COLISEUM AND EXPOSITION HALL; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by.the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. Minutes Regular Council Meeting March 22, 1978 Page 21 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 35, ARTICLE II, LAND DRILLING, EXHIBIT "A", OF SECTION 35-65 0 AS TO CHANGE THE BOUNDARIES OF DRILLING BLOCKS 1067, 1072, 1078, 1083, 1090, 1096, 1585, 1587, 1588, 1589, 1591, and 1592, TO MORE PROPERLY REFLECT SUBSURFACE MINERAL OWNERSHIP, MAPS OF WHICH ARE ON FILE IN THE OFFICE OF THE PETROLEUM SUPERINTENDENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14229: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. DUNBAR, EASLEY AND SONORA STREETS FROM GREENWOOD DRIVE TO BLAKE STREET; 2. ELGIN, SABINAS AND BLAKE STREETS FROM SONORA STREET TO BALDWIN BOULEVARD; 3. MOHAWK STREET FROM BLAKE STREET TO MORGAN AVENUE; 4. AZTEC STREET FROM CHEYENNE STREET TO BLAKE STREET; 5. OSAGE STREET FROM MORGAN AVENUE TO 300 FEET SOUTH OF AZTEC STREET; 6. SEMINOLE STREET FROM BLAKE STREET TO AZTEC STREET; 7. ROSEWOOD STREET FROM BLAKE STREET TO MORGAN AVENUE; 8. REYNOSA STREET FROM BURNET STREET TO BELTON STREET; 9. TASCO STREET FROM SARITA STREET TO STATE HIGHWAY 286; REQUIRING THE DIRECTOR OF ENGINEERING & PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14230: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 1. DUNBAR, EASLEY AND SONORA STREETS FROM GREENWOOD DRIVE TO BLAKE STREET; 2. ELGIN, SABINAS AND BLAKE STREET FROM SONORA STREET TO BALDWIN BOULEVARD; 3. MOHAWK STREET FROM BLAKE STREET TO MORGAN AVENUE; 4. AZTEC STREET FROM CHEYENNE STREET TO BLAKE STREET; 5. OSAGE STREET FROM MORGAN AVENUE TO 300 FEET SOUTH OF AZTEC STREET; 6. SEMINOLE STREET FROM BLAKE STREET TO AZTEC STREET; 7. ROSEWOOD STREET FROM BLAKE STREET TO MORGAN AVENUE; 8. REYNOSA STREET FROM BURNET STREET TO BELTON STREET; 9. TASCO STREET FROM SARITA STREET TO STATE HIGHWAY 286; DETERMINING AND FIXING THE PROTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NCESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON WEDNESDAY, APRIL 19, 8978 AT THE LOZANO SCHOOL, AT 7:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. Minutes Regular Council Meeting March 22, 1978 Page 22 ORDINANCE NO. 14231: CLOSING AND ABANDONING THE TWO 10 -FOOT UTILITY EASEMENTS IN LOTS 10, 11 AND 12, BLOCK D, FLOUR BLUFF ESTATES NO. 1, SUBJECT TO THE DEDICATION BY SEPARATE INSTRUMENT OF A FIVE-POOT EASEMENT ALONG THE EAST PROPERTY LINE OF LOT 12, EXTENDING FIVE FEET INTO LOT 15, ALL IN BLOCK D, FLOUR BLUFF ESTATES NO. 1; SUBJECT TO THE MAKING OF ADEQUATE ARRANGEMENTS WITH CENTRAL POWER AND LIGHT COMPANY IN REGARD TO THEIR FACILITIES AT THIS LOCATION; AND SUBJECT TO REPLATTING OF LOTS 10, 11, AND 12 AS ONE LOT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14232: AMENDING SECTION 35-65, DRILLING BLOCKS, OF DIVISION 3, DRILLING BLOCKS AND PRODUCTION UNITS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10498, BY AMENDING SUBSECTION (b) TO PROVIDE THAT OPERATORS SEEKING A CHANGE IN DRILLING BLOCK BOUNDARIES WILL BE REQUIRED TO SURVEY THE BOUNDARIES OF ONLY THOSE BLOCKS WHICH THEY ARE SEEKING TO AMEND; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14233: APPROPRIATING $7,600 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-77-7, NUECES BAY BOULEVARD, I.H. 37 TO BROADWAY, AND PROJECT NO. 220-77-8, AIRPORT ROAD, MORGAN TO AGNES, TO CO ER INCREASED CONSTRUCTION COSTS RESULTING FROM THE BID RECEIPT BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, OF WHICH AMOUNT $3,100 IS APPLICABLE TO PROJECT NO. 220-77-7 AND $4,500 IS APPLICABLE TO PROJECT NO. 220-77-7 AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14234: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NAISMITH ENGINEERS, INC., FOR DEVELOPMENT OF A SANITARY SEWER AND A STORM SEWER MASTER PLAN FOR AN AREA WITHIN THE CITY OF CORPUS CHRISTI, APPROXIMATELY SIX SQUARE MILES, GENERALLY WEST OF U. S. HIGHWAY 77, SOUTH OF NUECES RIVER AND APPROXIMATELY ONE MILE SOUTH OF FARM TO MARKET ROAD 624 COMMONLY KNOWN AS THE FIVE POINTS AREA, ALL AS MORE FULLY SET FORTH AND DEFINED IN THE ENGINEERING CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $27,670, OF WHICH $13,835 IS OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250-77-15.2 SANITARY SEWER MASTER PLAN, FIVE POINTS AREA, AND $13,835 IS OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-77-12.1 STORM SEWER MASTER PLAN, FIVE POINTS AREA, SAID APPROPRIATION BEING FOR ENGINEERING SERVICES; AND DECLARING AN EMERGENCY. 1 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. Minutes Regular Council Meeting March 22, 1978 Page 23 ORDINANCE No. 14235: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIAMS-STACKHOUSE, INC., A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, AND TO EXECUTE ALL RELATED DOCUMENTS NECESSARY FOR THE IMPLEMENTATION THEREOF, TO PROVIDE AERIAL PHOTOGRAPHS OF THE CITY AND DESIGNATED FRINGE AREAS AND FOUR (4) SETS OF AERIAL MOSAICS AS FURTHER DELINEATED IN THE ATTACHED EXHIBITS "A" AND "B" OF THE CONTRACT FOR A TOTAL COST OF $24,650; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14236: 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 EDWIN V. ADAMS BY GRANTING A SPECIAL COUNCIL PERMIT FOR RETAIL DISTRIBUTION OF LP GAS ON LOTS 1, 2 AND 3, BLOCK 1, BAYWOOD ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBEDON.THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14237: 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 HUNT DEVELOPERS, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 27.53+ ACRE TRACT OF LAND OUT OF LOTS 30 AND 31, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT, "B-4" GENERAL BUSINESS DISTRICT, AND "R-2" MULTIPLE DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. ORDINANCE NO. 14238: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AGUSUT, 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 DR. ROGER BYRNE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 2.2458 ACRE TRACT .OUT OF LOT 1, BLOCK 3, MARKS TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "A-2',' APARTMENT HOUSE DISTRICT 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: Lozano, Gulley, Diaz, Juarez, Sample present and voting "Aye"; Gill and Holt, Absent. Minutes Regular Council Meeting March 22, 1978 Page 24 ORDINANCE NO. 14239: 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 BEN MARKS, TRUSTEE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOTS 3 AND 4, OSO FARM TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "A-2" APARTMENT HOUSE 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: Lozano, Gulley, Diaz, Juarez,Sample present and voting "Aye"; Gill and Holt, Absent. * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. J. Frank Brundidge, 5222 Bell Street, representing residents of the Lexington Center area, presented a petition containing 24 signatures requesting the installation of storm sewers, paving, sidewalks, curbs and gutters in that area. Mrs. Brundidge stated that several fields drain into this area, and the only outlet that they have is a small sewer pipe that goes under the entrance to the Viking Twin Drive-in, noting that this pipe is often stopped up with debris, which in turn creates stagnant water and mosquitoes. City Manager Townsend inquired if Mrs. Brundidge was aware that the City has a procedure for the voluntary paving of streets in neighborhoods and that assessments will be involved in the project she requested. Mrs. Brundidge stated that the citizens signing the petition are aware of that and they had all indi- cated their willingness to sign the petition. City Manager Townsend informed the Council that there is a problem in this area which has existed for some time. He suggested that a member of the staff of the Department of Engineering and Physical Development contact Mrs. Brundidge in regard to the standard petition form which mentions the assessments. * * * * * * Also presenting a petition to the City Council was Mr. J. S. Modlin. The petition contained 491 signatures and requested consideration of the following suggestions to alleviate the problems existing at the Oso Beach Municipal Golf Minutes Regular Council Meeting March 22, 1978 Page 25 Course: (1) that the present dilapidated, outmoded and inefficient irrigation system on the course be replaces with a modern, efficient automatic sprinkling system covering all tee boxes, fairways and greens for use during the hours of darkness when, in this latitude, irrigation activities should be performed rather than during hours of daylight when the golfers are interrupted and delayed by such activities; and (2) that the position of greenskeeper be removed from super- vision and control by the Golf Professional -Contractor to the City of Corpus Christi, Texas and be placed under the supervision and control of the Superin- tendent of the Park and Recreation Department, a person presumptively knowledgeable in the field of maintenance and care of grasses, plants and trees now on the golf course and which hereafter may or should be installed thereon. Also speaking in regard to the Oso Beach Municipal Golf Course was Mr. Milo Garcia, a member of the Pan American Golf Association. Mr. Garcia read the entire petition (copy of which is on file in the Office of the City Secretary) and summarized by specifying the following items: (1) the irrigation system needs to be replaced; (2) the course is hand watered only by hoses; (3) the salary of the greenskeeper is insufficient to obtain a qualified person; and (4) made several suggestions to improve the operation of the golf course. Mayor Lozano agreed with Mr. Garcia and Mr. Modlin that there are prob- lems at the Oso Golf Course and stated that he felt that most golfers would be willing to pay an increased green'fee to play on a better golf course. Mayor Lozano also expressed the opinion that this City is large enough to support sev- eral golf courses and that he thought the City should at least keep the one that we have in excellent condition. City Manager Townsend stated that he will have this matter investigated and provide a full report for the Council. * Mr. Bill Nicholson stated that he had new information in regard to the current Annexation Election and absentee voting that is being conducted. He stated that he did not attend the public hearing that was held on this matter Minutes Regular Council Meeting March 22, 1978 Page 26 . because he had been told by Mr. Larry Wenger and Mr. Harry Power of Planning and Urban Development and by Mr. James K. Lontos of Engineering and Physical Develop- ment that his property would not be included in the proposed annexation and that only fully developed land would be considered for annexation. Mr. Nicholson fur- ther stated that his property is located on the west end of Study Area 3-d and also contended that the description of this property in the ordinance is in error. He further explained that the City's pamphlet explaining the annexation is incorrect as far as his property is concerned; his land consists of about 200 acres; there are no utilities; and he proposes some type of petroleum or oil industry for this pro- perty. Mr. Nicholson stated that all of the property near his land has been elimi- nated from annexation. He also contended that everything about the annexation election is confusing to the voters and to the people who own the property to be annexed and suggested that the election be canceled. City Manager Townsend stated that he has been informed by two of the three staff members whom Mr. Nicholson had mentioned that they did not tell him that his property was not to be annexed. Mr. Townsend also stated that the property under discussion has sewer service and water available; an industrial type of activity is being conducted on the property since the sale of dirt is handled there; and as far as meeting the criteria as listed in the City's printouts, the balance of the tract was not recommended for annexation, but just the 500 -foot strip. City Manager Townsend assured the Council that this area has been considered for annex- ation for many years and was discussed in September and October, 1977 at the time the bond election was under consideration. No one else from the audience spoke at this time. City Manager Townsend informed the Council that discussion of boards and commissions will be on the agenda two weeks from today. He stated that in regard to the contract with the Tourist Bureau, City Attorney Aycock and Mr. Bill Hennings are working with that organization; the matter has not been resolved yet; and sug- gested that, if the Council approves, they continue to work with the Tourist Bureau to resolve this matter. Minutes Regular Council Meeting March 22, 1978 Page 27 City Manager Townsend informed the Council that the discussion on the Municipal Court Judges will be on the agenda in two weeks and reminded them of the Consortium Meeting scheduled for Thursday, March 23, 1978 at 1:30 p.m. Mr. Townsend presented the Council with a copy of a map which explains the history of annexation from 1883 to 1975. In regard to the Annexation Election, City Manager Townsend stated that he would like to ask the Council to consider the issues discussed at the public hear- ing on annexation, indicating that statements made by the City Manager had been misunderstood. He referred to the public hearing and the voting process and pre- sented the Council with excerpts from the City Charter and the State law which explained the meshing of the two laws in regard to the institution of annexation. City Manager Townsend stated that apparently the impression was made that the election was just a straw vote and assured the Council that this is not true, pointing out that a public hearing was conducted at which time evidence was placed before the Council, and a decision must be made. City Manager Townsend continued by stating that there are three ways to accomplish annexation -- by election, by contract, and the Council may annex governmental property. He reiterated that the election is required by the Charter, and it is the Legal Department's opinion that the ordinance that annexes the pro- perty is the institution of the annexation proceeding, and the two concerns have to merge, that is, the election and the public hearing. City Attorney Aycock confirmed this statement by explaining that the City has the Charter with which they must comply, and the State law requires the hearing. He further informed the Council that legal decisions have been made that the insti- tution is the first reading of the annexation ordinance, and the Charter requires an election before the annexation ordinance can be adopted. He also expressed the opinion that if someone wanted to test the question, the Charter might be challenged. City Manager Townsend further stated that the ordinance calling the elec- tion is to give Council the authority to institute the annexation proceedings. He reminded the Council that most cities in the State do not require an election, and there is no precedent for this; the requirement for a public hearing was imposed in 1963 and was designed to halt sudden annexations without notice or public hearing. Minutes Regular Council Meeting March 22,.1978 Page 28 He also pointed out that this process was going on, and the public was aware of it. Council Member Diaz asked for clarification and indicated that it is his understanding that the first reading of the ordinance actually annexing the property is the institution of the annexation. City Manager Townsend stated that that is correct and this ordinance will be presented on April 3, if the annexation is approved by the voters. Council Member Diaz stated that he feels that, according to the City Charter, the Council must annex the exact same territory as specified in the election propo- sition. City Attorney Aycock stated that the State law takes precedent over the City Charter in that the Council could not annex something that was illegally listed in the proposition, such as the erroneous description that was mentioned by Mr. Nicholson. Mr. Aycock also pointed out that one fact mentioned during the public hearing was that after the calling of the annexation election, one tract of land was sold for port -related industry, and this tract could be omitted, on the basis of a change that happened after the calling of the election. He expressed the opinion that those are substantial reasons for deleting these properties. After further explanation, City Attorney Aycock summarized by stating that the Council must annex according to the City Charter but not in violation of the State law. City Manager Townsend expressed his concern that after the news media coverage of the public hearing, a greater level of doubt exists among the voters, and if the Council contemplates deleting something from the existing annexation proposition, he would suggest that they have a very good reason for doing so. He suggested that the Council consider passing a resolution to the effect that basi- cally, the annexation will include all of the property listed on the ballot, if they desire. Council Member Diaz indicated that he felt that this would be a good idea. Mayor Lozano emphasized that the Council examined the property to be annexed; there was plenty of time to discuss this; he does not feel that they acted too quickly, because it has been discussed for several months, particularly Minutes Regular Council Meeting March 22, 1978 Page 29 in connection with the Bond Election in October. Mayor Pro Tem Gulley agreed that the Council had studied the areas for several months, but stated that it concerns him that the staff had delayed this explanation until this time. City Manager Townsend stated that something like this does not become evident until a conflict such as that which has arisen comes up. Mayor Pro Tem Gulley reiterated that the Council was not aware of what could happen in regard to the matter, and Council Member Diaz expressed the opin- ion that the Council cannot anticipate a problem until it is presented to them. City Manager Townsend then presented a draft resolution for the Council to examine, pointing out that the voters should know what is planned for annexa- tion when they actually vote. Mr. Ed Prichard, Attorney representing several property owners of land included in the annexation proposition, spoke in rebuttal and stated that he, too, was concerned about the newspaper coverage of the matter. Mr. Prichard quoted from the State law governing annexation and from the City Charter and expressed the opinion that the Charter prescribes the method of annexation and the State law prescribes the procedure. He referred to City Attorney Aycock's interpretation that the Council could delete anything that is illegal from the annexation proposi- tion but that he disagrees with that statement and feels that the Council is bound by the Charter to annex anything that is approved by the voters. Mr. Prichard continued by stating that he felt that the procedural rules must be followed in regard to the institution of the annexation, and although City Manager Townsend stated that the institution is the point when the Council finally passes an ordinance annexing the property, he feels that institution of the annexa- tion proceedings began when the ordinance was passed calling the election and that the public hearing should have been held before the election was called. To sup- port his theory, Mr. Prichard quoted from Texas Municipal Law and Practice, written by Mr. I. M. Singer, and referred to several legal cases on annexation. Mr. Prichard summarized by stating that the correct procedures concerning this annexation had not been followed and explained what he thought the proper procedure should have been. He also stated that he felt that the procedure Minutes Regular Council Meeting March 22, 1978 Page 30 is unfair and legally wrong and that he will not only file a lawsuit, but he will win it. City Attorney Aycock questioned the guarantee that Mr. Prichard had just voiced and indicated that he does not believe that Mr. Prichard could win such a lawsuit. Mr. Aycock then quoted from other lawsuits in regard to annexation pro- cedure and assured the Council that as a home rule City, the staff has tried to comply with both the State law and the Charter. Also speaking on the annexation was Mr. J. M. Goldston, who is a property owner in the area in the heavy industrial district between I.H. 37 and Up River Road. He stated that he is glad that this City still has the election procedure for annexation and that he agreed that heavy industry should not be annexed. Mr. Joe French appeared before the Council and reminded them that he was present in October when the Council was considering annexation in connection with the bond election. Mr. French stated that he was not aware that discussions held at that time in connection with the first two readings of an ordinance had any- thing to do with this annexation procedure. Mayor Pro Tem Gulley explained that annexation was discussed at that time and the fringe areas were considered for annexation, and he felt that the property owners were aware that their property was being considered for annexation prior to the public hearing on March 15. City Manager Townsend reminded the Council that a closed meeting was sche- duled for today to discuss the appointment of a department or division head. Motion by Gulley that the Council go into closed session under the author- ity granted by Article 6252-17 of V.A.C.S.; seconded by Sample; and passed unani- mously. The Council then went into closed session at 7:59 p.m. The Regular Meeting was reconvened at 8:07 p.m. There being no further business to come before the Council, on motion by Juarez, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 8:07 p.m. March 22, 1978.