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HomeMy WebLinkAboutMinutes City Council - 04/12/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 12, 1978 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr., called the meeting to order in the Council Chamber of City Hall. The invocation was given by Monsignor William Kinlough of the Most Precious Blood Catholic Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Regular Council Meetings of March 1 and March 8, 1978 and the Special Council Meeting of March 8, 1978 be approved as presented; seconded by Sample; and passed unanimously. Motion by Sample that Council Member Joe Holt be excused from the meeting today since he is absent from the City; seconded by Diaz; and passed unanimously. Mayor Lozano announced the issuance of the following proclamations: "TEXAS SOCIETY OF MEDICAL TECHNOLOGY WEEK" - April 9-15, 1978; "CATHOLIC WAR VETERANS WEEK IN TEXAS" - April 9-16, 1978; "SOCCER TO ME BOWL WEEK" - April 10-16, 1978; and "NATIONAL COIN WEEK" - April 16-22, 1978. Mayor Lozano announced the bid opening on the construction of a sanitary sewer lift station south of the Tropic Isles Channel. Mr. James K. Lontos, Director of Engineering and Physical Development, conducted the bid opening and read bids from the following companies: Goolsby . Building Corporation, Temple, Texas; The Goldston Company, Inc., Corpus Christi; Maverick Construction Company, Corpus Christi; Glaser Construction, Corpus Christi; R. S. Black, Corpus Christi; and Heldenfels Brothers, Corpus Christi. Mayor Lozano noted that the apparent low bidder was Glaser Construction, but stated that the bids will be tabled for 48 hours pursuant to the requirements MICROFILMED 03 Minutes Regular Council Meeting April 12, 1978 Page 2 of the City Charter and referred to the staff for tabulation and recommendation. Mayor Lozano thanked all of the bidders for their interest in the engineering pro- jects of the City. Mayor Lozano called for the City Manager's Reports. City Managef R. Marvin Townsend presented the following items with related comments and explanation: a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on May 10, 1978 on the following zoning applications: (1) Mr. Torcuato Luna: "R -1B" to "B-1", located on the south side of Horne Road, approximately 250' east of Prescott Street. (2) Thomas Spann Building Corporation: "R -1B", "A-2" & Special Permit to "AB", located between 14th Street and Brownlee Boulevard approximately 250' south of Elizabeth Street. (3) Mr. Winston E. Cooper: "R -1B" to "R-2", located between McDonald and Weaver Streets approximately 500' north of South Padre Island Drive. (4) Mr. Richard C. Pittman: "R-2" to "B-4", located on the south side of Yorktown Boulevard between Marlin Drive and Laguna Shores Road. (5) City Landmark Commission: Designation as "HC" - Old Bayview Cemetery, located on the east side of Waco Street between West Broadway and Ramirez Street. (6) City Landmark Commission: Designation as "HC" - Artesian Park, located on the south side of Twigg Street between Mesquite and Chaparral Streets. b. Recommendation that bids be received at 11:00 A.M., Tuesday, May 2, 1978 for rustproofing 104-1978 motor vehicles now on order. c. Recommendation that 1,500 cases of paper towels (3,750 per case), a one year's supply, be purchased from CENTURY PAPERS, INC., Corpus Christi on the basis of low bid meeting specifications of $9,210. This is a cooperative purchase with the Corpus Christi Independent School District with the district having taken bids. Price comparison shows a decrease of 6.19%. It is estimated that a savings of approximately $1.00 per case is achieved by this cooperative purchase. d. Recommendation that seven electronically operated, registering, locked fare boxes for the Transit Division be purchased from DUNCAN INDUSTRIES, MASS TRANSIT DIVISION OF THE QONAAR CORPORATION, Elk Grove Village, Illinois, on the basis of only bid received of $12,803. The fare boxes will be paid for 805 by the Federal government, 13% by the State and 7% by the City. These boxes will replace non -locked registers. Fifteen fare boxes were replaced under a previous grant. The remaining boxes will be replaced under future grants. The price reflects an 18% increase since June, 1976. e. Recommendation that an electronically operated coin sorter/counter and packager for the Transit Division be purchased from BRANDT, INC., Watertown, Wisc. on the basis of only bid received of $7,067. This equipment is 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 and 7% by the City. Currently, sorting and counting is done by hand. f. Recommendation that the plans and specifications for the reconstruction of the Doddridge Park parking lot be approved and bids be received May 3, 1978 The lot was apparently built on material that had been placed in the park at different times and of different composition and density resulting in an unstable subgrade causing it to slip and settle thus destroying the bicycle path and parking lot. The work includes stabilizing the subgrade material, construction of erosion control rip -rap and steps, and reconstruction of the bicycle path and parking lot. Minutes Regular Council Meeting April 12, 1978 Page 3 City Manager Townsend explained that there is a substantial problem at Doddridge Park, which is located at the intersection of Doddridge Street and Ocean Drive, and the engineers feel that the recommended improvements will cor- rect the existing failure. Mr. Townsend informed the Council that the problem was caused by the subgrade material, which was a combination of different types of base, including salvage material. He stated that the estimated cost for these repairs is $30,000, which may seem expensive, but the repairs are necessary. Mr. Townsend explained that the plan calls for base material to be placed in layers and compacted for stabilization. Mr. Lontos explained in detail the cause of the base failure and the plan to correct the problem, also noting that a new type of concrete riprap will be installed to prevent erosion by wave action since the existing seawall is very low. Council Member Gulley inquired about the source for the funds, and City Manager Townsend replied that it will be charged to the Bayfront Science Park fund which was approved in the 1972 Bond Election. Council Member Gill agreed that the problem should be corrected as soon as possible to maintain a continuous bicycle path, indicating that she had received a number of questions in regard to the closure of the path. g. Recommendation that a revocable easement be granted to Canus Petroleum, Inc. to cross Bear Lane 82' east of the center line of Joe Mireur Road or PM 763. Canus Petroleum, Inc. will extend a 2 3/8" outside diameter pipeline across Bear Lane. The fee for the revocable easement is $114.40. h. Recommendation that a change order be authorized to the Corpus Christi International Airport runway surface treatment project for $9,994.24. By error the quantities shown on the contract documents were short because the original plans for the runway and taxiway were used in measurement. The runways and taxiways have been widened and the result is that 31,620 additional square yards of surface treatment are necessary. The contractor is Mission Paving Company Inc. The change is based on the unit prices in that contract. i. Recommendation that Lockwood, Andrews & Newman be employed to develop' plans and specifications ($118,015) for parking lot improvements, access road construction and landscaping, commercial ramp overlay, and expansion of the fixed base operator ramps at Corpus Christi International Airport. j. Recommendation that Urban Engineering be employed to develop plans and specifications for slip -lining the McArdle Road sewer line ($186,000). This firm was previously awarded a contract for the Oso Systems Wastewater Improvements, including the McArdle line but it was conditioned on approval of grants from the Environmental Protection Agency. The slip -lining project has not received EPA approval. The firm has prepared the project's facility plan. Minutes Regular Council Meeting April 12, 1978 Page 4 City Manager Townsend referred to both Items "i" and "j" and stated that these engineering firms are two which have been discussed by the Council, and these two projects should have priority over other projects included in the Bond Election. Mr. Townsend pointed out the need for the slip -lining of the McArdle Road sewer line in that the street improvements cannot be accomplished until the sewer line is improved. He stated that this sewer line was eliminated from the project that is being funded by the Environmental Protection Agency because they consider this to be maintenance work. Mayor Lozano inquired if the street improvements will commence as soon as this sewer line work is completed. City Manager Townsend confirmed that as soon as the slip lining has been installed, the State Department of Highways and Public Transportation will have the plans and specifications ready for the bidding process. He stated that it is possible that some of the street improvement work could be done simultaneously with the sewer repair work, since the method to be used only requires street cuts at different locations. k. Recommendation that the sewer extension front foot charge of'$5.00 per front foot for vacant properties be reduced to $2.00 per front foot for platted property for a 6 month period following completion of the sanitary sewer collection system serving the property. This reduction is now in effect for properties having existing improvements but vacant property was excluded from the 6 month grace period when the pro rata charge was increased from $2.00 to $5.00 in February, 1977. 1. Recommendation that the proposed 1978-79 agreement providing for continuation of the CETA Consortium be approved. The recommended contract is the same as the 1977-78 contract except for changes which refer to current federal regulations, modify the quorum requirement from more than 50% to 50% or more, and authorize the City Manager or his designee to execute all consortium documents approved by the Executive Committee. The agreement will be effective from October 1, 1978 through September 30, 1979. In regard to Item "k", City Manager Townsend explained that originally, the regulation on front foot charges did not include platted property, and this recom- mendation is to specify exactly when the rate will change and to include platted lots in the category. I In a discussion of Item "1", City Manager Townsend presented the Council' with copies of the proposed contract for the Consortium and called their attention to several minor changes in the contract. He stated that if the Council agrees, Minutes Regular Council Meeting April 12, 1978 Page 5 this contract will be mailed to other sponsors to see if they agree to the changes. City Manager Townsend pointed out that one of the changes in the contract was in regard to the number required for a quorum of the Consortium during the meetings, noting that the recommended change is to specify that a quorum of the Executive Committee shall be members who have authority to cast 50 percent or more of the authorized votes. He also mentioned that another change in the contract would allow the City Manager or his representative to sign documents rather than requir- ing the signature of the Mayor in order to facilitate the documents associated with the Consortium. Mayor Pro Tem Gulley indicated that if the grants, applications, etc., have been approved by the Consortium, the Mayor's signature should not be required. There was no further discussion from the Council or the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" through "1", be approved; seconded by Juarez; and passed by the following vote: Lozano, Gulley, Diaz, Juarez and Sample voting "Aye" on all of the items; Gill voting "Aye" on all of the items with the exception of Item "1" on which she voted "Nay" because she felt that the quorum of the Executive Committee of the Consortium should be more than 50%. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. He provided the Council with copies of the ordinance authorizing the addition of a fourth Municipal Court. In connection with this ordinance, Council Member Gill inquired if the additional court would require more personnel to process the cases, and City Manager Townsend informed her that the Finance Department will look over the operation, and the Budget staff will examine this department for next year. He indicated, however, that the fourth court would provide quicker processing of cases, which should decrease the work load. Council Member Diaz referred to the ordinance authorizing the contract and contribution to Canto al Pueblo and inquired as to whether or not the Nueces County Commissioners Court had agreed to make a contribution. Minutes Regular Council Meeting April 12, 1978 Page 6 City Manager Townsend informed him that according to an article in the newspaper, the County had agreed to contribute $5,000. Dr. Leo Carrillo, Chair- man of the Steering Committee of Canto al Pueblo, was present in the audience and confirmed that this is the amount the County had agreed to contribute. Mayor Lozano then requested that Dr. Carrillo examine the proposed con- tract to see if it met with his approval. Dr. Carrillo indicated that he did approve of the contract terms. There were no other comments from the Council or the audience on the ordi- nances. City Secretary 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, BY AMEND- ING CHAPTER 55, UTILITIES, ARTICLE X, EXTENSION OF SEWER LINES, BY AMENDING PARA- GRAPH (b)(1) OF SECTION 55-130, AUTHORITY TO MAKE EXTENSIONS; PRO RATA FRONT FOOT CHARGE AS AMENDED BY ORDINANCE 13616 DATED FEBRUARY 16, 1977; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample present and voting "Aye"; Holt absent. FIRST READING: AMENDING CHAPTER 29, MUNICIPAL COURTS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A FOURTH COURT; BY MAKING APPOINTMENTS OF JUDGES FOR A PERIOD OF TWO YEARS COTERMINOUS WITH THE TERM OF THE APPOINTING CITY COUNCIL; REQUIRING THAT JUDGES OF MUNICIPAL COURTS A, B AND C SERVE FULL TIME AND THAT THE JUDGE OF MUNICIPAL COURT D SERVE AS REQUIRED BY THE PRESIDING JUDGE, AND OTHERWISE AMENDING SAID CHAPTER TO REFLECT THE ADDITION OF A FOURTH COURT. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample present and voting "Aye"; Holt, absent. ORDINANCE NO. 14264: AUTHORIZING THE PURCHASE OF SEVEN (7) REGISTERING FARE BOXES FOR TRANSIT BUSES FROM DUNCAN INDUSTRIES, MASS TRANSIT DIVISION OF QONNAR CORPORATION AS PROVIDED IN THE 1976 UMTA CAPITAL GRANT PROJECT NO. TX -05-0014 FOR $12,803; APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT 218-72-3, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1976), AN AMOUNT OF $12,803 FOR THE SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample present and voting "Aye"; Holt, Absent. Minutes Regular Council Meeting April 12, 1978 Page 7 ORDINANCE NO. 14265: AUTHORIZING THE PURCHASE OF ONE (1) ELECTRICALLY OPERATED COIN SORTER/COUNTER AND BAGGER FOR TRANSIT OPERATIONS FROM BRANDT, INC., OF WATERTOWN, WISCONSIN, AS PROVIDED IN THE 1976 UMTA CAPITAL GRANT PROJECT NO. TX -05-0014 FOR $7,067; APPRO- PRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT 218-72-3, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1976), AN AMOUNT OF $7,067 FOR THE SAID PURCHASE; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample, present and voting "Aye"; Holt, absent. ORDINANCE NO. 14266: AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT WITH CANUS PETROLEUM, INC. FOR THE CONSTRUCTION OF A 2-3/8" PIPELINE ACROSS BEAR LANE 82' EAST OF JOE MIREUR ROAD OR FM 763, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKEC EXHI- BIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample, present and voting "Aye"; Holt, absent. ORDINANCE NO. 14267: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LOCKWOOD, ANDREWS & NEWNAM, INC., FOR ENGINEERING SERVICES TO BE PROVIDED IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR VARIOUS IMPROVEMENTS TO THE CORPUS CHRISTI INTERNATIONAL AIRPORT CONSISTING OF CONSTRUCTION OF A NEW ENTRANCE ACCESS ROAD, IMPROVEMENTS TO THE TRAFFIC FLOW TO THE TERMINAL BUILDING, IMPROVEMENTS TO THE COMMERCIAL RAMP, AND CONSTRUCTION OF A FIXED BASE OPERATOR RAMP, AND SUCH OTHER SERVICES AS ARE MORE FULLY DEXCRIBED AND SET FORTH IN THE ENGINEERING AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $120,000 OUT OF THE NO. 245 AIRPORT BOND FUND APPLICABLE TO PRO- JECTS NO. 245-77-5, AIRPORT ENTRANCE ROAD; NO. 245-77-2, MAIN PARKING LOT EXPANSION; NO. 245-77-1, COMMERCIAL RAMP OVERLAY; NO. 245-77-3, ADDITIONAL RAMP SPACE; OF SAID APPROPRIATION $118,015 IS FOR ENGINEERING FEES ($15,360 FOR PROJECT NO. 245-77-5, AIRPORT ENTRANCE ROAD; $31,280 FOR PROJECT NO. 245-77-2, MAIN PARKING LOT EXPANSION; $48,575 FOR PROJECT NO. 245-77-1, COMMERCIAL RAMP OVERLAY; AND $22,800 FOR PROJECT NO. 245-77-3, ADDITIONAL RAMP SPACE) AND $1,985 IS FOR LABORATORY TESTING, CONTIN- GENCIES, INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample, present and voting "Aye"; Holt, absent. ORDINANCE NO. 14268: AUTHRORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH URBAN ENGINEERING FOR ENGI- NEERING SERVICES FOR THE DESIGN OF IMPROVEMENTS, REHABILITATION AND SLIP -LINING OF THE McARDLE ROAD SANITARY SEWER LINE, FROM NILE DRIVE TO CARROLL LANE AND ALONG CARROLL LANE TO THE END OF THE SEWER LINE, ALL AS MORE FULLY DESCRIBED IN THE ENGINEERING CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHI- BIT "A", AND MADE A PART HEREOF; APPROPRIATING $186,000 FOR ENGINEERING SERVICES OUT OF THE NO. 250 SANITARY SEWER BOND FUND, FOR PROJECT NO. 250-77-7, McARDLE ROAD MAIN LINING, NILE DRIVE TO CARROLL LANE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarea and Sample, present and voting "Aye"; Holt, absent. Minutes Regular Council Meeting April 12, 1978 Page 8 ORDINANCE NO. 14269: AUTHORIZING THE CITY MANAGER TO EXECUTE THE COASTAL BEND CONSORTIUM AGREEMENT FOR SUBMISSION TO THE DEPARTMENT OF LABOR AS PART OF THE FISCAL YEAR 1979 REFUNDING DOCU- MENTS, ALL IN ACCORDANCE WITH RULES AND REGULATIONS OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE AND SUBMIT ALL OTHER RELATED DOCUMENTS AS REQUIRED IN THE CONTINUATION AND ADMINIS- TRATION OF THE AFORESAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample present and voting "Aye"; Holt, absent. ORDINANCE NO. 14270: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STEERING COMMITTEE OF CANTO AL PUEBLO BY THE TERMS OF WHICH THE CITY OF CORPUS CHRISTI WILL PAY $5,000 AS SUPPORT TO A WEEK LONG CANTO AL PUEBLO CULTURAL FESTIVAL TO BE HELD JUNE 2-9, 1978, AND ACCORDING TO THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley voting'"Nay"; Holt, absent. * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. There was no response. City Manager Townsend reminded the Council that a meeting has been sche- duled with the Nueces County Commissioners for Wednesday, April 19, 1978, stating that they are to meet at the Nueces County Courthouse at 11:00 a.m., following which they will go to Hilltop County Building where a box lunch will be served. City Manager Townsend announced that in regard to the suit filed by McMullen County challenging the validity of the Choke Canyon permit issued by the Water Rights Commission, the judge has ruled that the permit is valid and was properly issued. He stated, however, that there is the possibility that the suit could be appealed. Council Member Diaz referred to the conflict between the assessment hearing scheduled for Wednesday night, April 19, at Lozano School and the performance of the U. S. Army Band at the Auditorium the same evening and suggested that tickets to the performance be available for the Council so that they may attend the concert following the assessment hearing. Mayor Lozano expressed the opinion that hopefully, the assessment hearing will be completed prior to 8:00 p.m. when the program at the Auditorium begins. v Minutes Regular Council Meeting April 12, 1978 Page 9 City Manager Townsend reminded the Council of the Texas Municipal League meeting scheduled for Thursday, April 13. City Manager Townsend called the Council's attention to a copy of a letter to Mr. Arturo Vasquez, who has performed audits for the City, in regard to personnel used by Mr. Vasquez' firm. Mayor Lozano inquired if there was anything wrong with the work of this firm, and City Manager Townsend assured him that there was not, but the letter was sent to him because the firm had experienced a shortage of manpower. He stated that this matter should be discussed in a closed session if there are questions about the work performed. He indicated that the auditor should be hired a number of months before the end of the year so that he can schedule his work load. Mr. Townsend further explained that the financial report is written by the staff, but the auditor reviews the report for certification. Mr. Townsend stated that the' letter written to Mr. Vasquez is just routine and that it is the Council's decision as to who should be selected as auditor. Council Member Diaz suggested that this matter be scheduled for next week's agenda, and Mayor Pro Tem Gulley indicated that he would like to have backup mater- ial on this matter available for the discussion. City Manager Townsend stated that this will be on the agenda next week for discussion. City Manager Townsend stated that he has been advised that the court case involving Mr. and Mrs. Jack Davis in connection with Corpus Christi Beach property has been settled, and the additional amount of $5,928 has been approved by the judge as a supplemental sum for the acquisition of this tract of land. Mr. Townsend stated that he assumes that the matter has been settled and suggested that Mr. Jerry Benadum, Trial Attorney, ascertain as to whether or not the funds for this sum have been appropriated. City Manager Townsend presented the Council with a memorandum containing a schedule of cities in which he needs to attend meetings next week and obtained the Council's approval. Mayor Lozano announced the public hearings on three zoning applications. Minutes Regular Council Meeting April 12, 1978 Page 10 City Manager Townsend announced the public hearing on Application No. 378-3, Dr. Carl Wigoda, et al, for change of zoning from "A-1" Apartment House District to "B-4" General Business District on Lot 3, Block 1, Roosevelt Place, located on the south side of Headley Street between Morgan Avenue and Crews Street. Mr. Townsend stated that both the Planning Commission and Planning Staff recommend approval. He informed the Council that in response to the notices of the public hearing, two in favor 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; and showed slides of the area. No one spoke in regard to this application. Motion by Diaz that the hearing be closed; seconded by Sample; and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and the Planning Staff and the zoning of "B-4" be approved; seconded by Juarez; and passed unanimously. * * City Manager Townsend announced the public hearing on Application No. 378-5, Texas Methodist Foundation, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on a 4.84± acre tract of land out of Lot 6, Section 7, Bohemian Colony Lands, located on the east side of Greenwood Drive approx- imately 1,250' north of Saratoga Boulevard. Mr. Townsend informed the Council that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that approval would constitute spot zoning and would set a precedent for future zoning requests along Greenwood Drive, resulting in a strip of neighborhood businesses along this street. He stated 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, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the owner proposes to sell the property to the Corpus Christi Firefighters Association for construction of a meeting hall and family center and a small park. Minutes Regular Council Meeting April 12, 1978 Page 11 Mayor Lozano calldd on Mr. Armando Caceres, president of the Corpus Christi Firefighters Association, to speak at this time. Mr. Caceres presented a copy of the plans for the facility and stated that they have the funds to purchase the property but do not have the funds for the con- struction yet; they plan to build a recreation area for the firefighters and their families; the building will be 4,000 square feet; they plan to rent the facilities to large groups to help pay off the loan; and the zoning of "B-1" is needed in order that their organization may obtain financing. Mayor Pro Tem Gulley inquired about the meaning of spot zoning in this rather remote area. Mr. Wenger stated that all of the surrounding area is "R -1B", and City Manager Townsend stated that a zoning plan for this entire area was estab- lished. Council Member Sample expressed the opinion that "B-1" zoning would be compatible zoning in the area. Chief Planner Wenger stated that if the plan is followed, business zoning was not meant for this area and that the Texas Methodist Foundation had requested the "A-1" zoning originally. City Manager Townsend con- firmed that the zoning was approved because it was a part of an overall plan. Mayor Lozano asked for comments from Mrs. Rosa Gonzales, representative of the Planning Commission. Mrs. Gonzales stated that the Planning Commission had discussed this appli- cation at length, and since the "A-1" zoning was approved, many changes have occurred. She pointed out that other zoning changes have been made in the general area; there is enough residential housing in the area; and the property is across from Los Encinos Park. Mrs. Gonzales further explained that the Commission felt that the planned complex would provide a semi -private park for controlled use; the building would be used under controlled hours; and the only traffic when functions are being held there. Mrs. Gonzales stated not endorsing "B-1" zoning except for this particular use. Next speaking in favor of this application was Mr. is representing the Texas Methodist Foundation. Mr. Cobb tion has 195 acres in this area, and they have a contract for the sale of 4.84± acres to the Firefighters Association, contingent upon this change of zoning. He increase would occur that the Commission is Ralph Cobb, Realtor who stated that the Founda- Minutes Regular Council Meeting April 12, 1978 Page 12 confirmed the fact that the company that will loan the money will need the "B-1" zoning in the event that they might be in a position to have to sell the building later. He also informed the Council that one of the reasons that the firefighters selected this location is because of the availability of utilities. City Manager Townsend inquired of Mr. Cobb if he was aware that a prelim- inary plat for the entire tract of land owned by the'Methodist Foundation prior to the sale of this portion is required, and Mr. Cobb indicated.that he was. Ms. Jan Jack, Realtor representing the Firefighters Association, stated that her company has been in the process of locating a tract of land for that group for some time, and they feel that this would be an ideal location for the planned complex. No one else 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 concur with the Planning Commission's recommendation and approve the zoning of "B-1"; seconded by Diaz; and passed unanimously. * *'* * * * City Manager Townsend announced the public hearing on Application No. 278-8, Mr. Carl Webb, for change of zoning from "R -1B" One -family Dwelling Dis- trict to "A-1" Apartment House District on Lots 6-19, Block 16, and Lot 39, Block 15, Flour Bluff Park, located on McIver Street between Matlock Street and Padre Island Drive. City Manager Townsend informed the Council that both the Planning Commis- sion and the Planning Staff recommend denial of this change of zoning request on the basis that granting the requested zoning would represent an encroachment into the noise zones in which the Commission and the City Council have gone on record as protecting in the Navy's interest. He stated that in response to the notices of the public hearing, four in favor and two in opposition had been returned. Chief Planner Wenger located the area on the zoning and land use map; des- cribed the land use in the surrounding area; showed slides of the area; pointed out the Exposure Forecast 30 of the Naval Air Station, which is an intense noise area; Minutes Regular Council Meeting April 12, 1978 Page 13 and stated that the applicant plans the construction of triplexes on each lot. Council Member Sample inquired if the Council was attempting to acquire land between Exposure Forecast 30 and 35 noise zones, and City Manager Townsend replied that the City was attempting to acquire land in the flight zone and crash zone near the Naval Air Station. Speaking on behalf of the applicant was Mr. Larry Urban, Urban Engineering, who stated that he realizes that the recommendation for denial of the change of zoning is because of the encroachment in the Naval Air Station area and the exis- tence of the noise zones. He informed the Council that Mr. Webb is the owner of some triplexes already located in that area which are always rented; apartments exist on the other side which are also nearly always occupied; there are single- family dwellings and other apartments in the area; and pointed out that there is a lot of activity in the area. Mr. Urban stated that Mrs. Vera Dunn Buchanan and her son wish to sell this vacant property to Mr. Webb. He stated that Mrs. Buchanan is aware that debris is dumped on the property and that it is unsightly; therefore, they feel that Mr. Webb can improve the property, even though there might be encroachment on the Naval Air Station. City Manager Townsend pointed out that it requires five votes of the Council to approve this change of zoning, since the Planning Commission has recommended denial. He also reminded the Council that they passed a resolution not to zone property near the Naval Air Station that will create residential density. Mr•. James Buchanan, the son of the owner, spoke in favor of the applica- tion and pointed out the large number of apartments that already exist in the area. He stated that he feels that moderately priced apartments are needed in the City; the land is not productive; the land will be placed on the tax rolls; and that the construction of the triplexes would improve the appearance of the area. Council Member Diaz stated that he is concerned about the encroachment in noise zonesbut asked about the level of encroachment that would be involved in this project. City Manager Townsend stated that the proposed increase in density of 57 families would definitely constitute encroachment in the noise zone. Minutes Regular Council Meeting April 12, 1978 Page 14 Mayor Pro Tem Gulley noted that if single-family dwellings are constructed on this tract, owners of property would be involved and this would create more com- plaints than renters of the triplexes would. City Manager Townsend reiterated that the Council had passed a resolution, copies of which were sent to Congressmen, Senators and Naval officials, which stated that every effort would be made to prevent further encroachment. Speaking on behalf of the Planning Commission was Mrs. Gonzales, who stated that the Commission had recommended denial of this zoning application because they wanted to honor the resolution which expressed support of the findings of the Tracor study. Mrs. Gonzales pointed out that the development that already exists in that area has been there many years, and the Naval Air Station is concerned about the encroachment. She stated that aircraft must fly low in this area, and the Planning Commission had informed the Navy that they would protect that area. She stated that it is her understanding that the complaints have been coming into the Naval Air Station about the excessive noise in the area. Mrs. Gonzales also reminded the Council that they passed the resolution to prevent further encroachment. Council Member Sample inquired if there is any zoning that would not be in conflict with the noise zones at the Naval Air Station, and City Manager Townsend replied that these lots were platted as "R -1B", and any change that would allow more families would be clearly in conflict with the resolution. Mayor Pro Tem Gulley pointed out that people could build houses there now, and if the property is zoned for triplexes, rental property would be involved, and the tenants would not have as many complaints. City Manager Townsend expressed the opinion that he did not know whether there would be any difference in whether the complaints came from renters or from property owners as far as the Navy is concerned. In regard to the complaints, Mrs. Carol Karter, 3233 Bimini, stated that she resides in Flour Bluff and she feels that the residents of that area feel that the existence of the Naval Air Station and the ensuing noise is a way of life, and they do not object to the noise in the area. She stated that she would Minutes Regular Council Meeting April 12, 1978 Page 15 be interested to know the difference in the number of complaints from residents in the vicinity of the Naval Air Station and the Cabaniss Field area. Mr. Buchanan spoke again and informed the Council that the single-family dwellings in the Flour Bluff area are currently occupied by several family units that are related, and the type of housing that is planned for the subject property would cater to related family units for each'triplex.' Motion by Gulley that the hearing be closed, seconded by Diaz, and passed unanimously. City Manager Townsend again reminded the Council oX the resolution that had been passed and suggested that if they desire to change the resolution, the staff be informed as to how the Council would like to have it changed, because assurances have been made to the Navy and various legislative contingents through correspondence and copies of the resolution that is now in effect. Motion by Sample that this zoning application be tabled until all seven members of the Council are present since approval requires five votes of the Council; seconded by Gulley; and passed unanimously. Council Member Gill suggested that the Council examine the entire area in regard to the zoning. Mayor Lozano confirmed that the Council did pass the resolution that had been discussed and suggested that this should be considered. City Manager Townsend stated that prior to consideration of this zoning • matter at a later date, he will be glad to check the land use in the area to determ- ine if it actually is the same as indicated by the testimony presented today. Mr. Urban asked to speak again, stating that he realizes that the hearing has been closed but he would like to try to find out if there is a difference in the number of objections received from property owners and renters. Mayor Lozano stated that the complaints are made to the Navy -- not the City. He informed Mr. Urban that the Navy approached the Council and made them aware that complaints were being received. City Manager Townsend stated that the Navy could use the complaints as grounds to close the Naval Air Station. Minutes Regular Council Meeting April 12, 1978 Page 16 City Manager Townsend presented the ordinances effectuating the changes of zoning approved during the preceding public hearings. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14271: 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 DR. CARL WIGODA, ET AL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3, BLOCK 1, ROOSEVELT PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL 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 approved by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. ORDINANCE NO. 14272: 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 THE TEXAS METHODIST FOUNDATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 4.84t ACRE TRACT OF LAND OUT OF LOT 6, SECTION 7, BOHEMIAN COLONY LANDS, SITU- ATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" 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 approved by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. Mayor Lozano called for further petitions or comments from the audience. Mrs. Mary Meador, Director of Early Childhood Development Center, Inc., presented to the Council copies of a letter requesting an appropriation of Revenue Sharing funds in the amount of $30,000 to be used at a 70/30 ratio with Federal Title XX funds for continuation of the program of the day care center. Mrs. Meador stated that ECDC is the only infant day care center in South Texas caring for 68 children from the age of 8 weeks to 3 years of age. She explained the activities of ECDC and urged approval of the funds requested to prevent the possible closure of the center. Mrs. Meador then introduced four of the mothers who have children in the care of ECDC, all of whom testified to the need for such a center. Council Member Sample asked Mrs. Meador about the percentage of parents availing themselves of the services of the day care center who are either in Minutes Regular Council Meeting April 12, 1978 Page 17 school or are working. Mrs. Meador explained that the largest number of the parents are working, and some are in school or in training programs. City Manager Townsend stated that he understood that this same request had been made to United Way and inquired about the status of this source of funds. Mrs. Meador replied that the United Way has not made a decision on their request for funds, and it would be possible for the City to allocate Revenue Sharing funds for this purpose. City Manager Townsend informed the Council that Administrative Assistant Tom Basile had worked with this organization in conjunction with the Coastal Bend Council of Governments and other agencies and asked him to provide background infor- mation on ECDC. Mr. Basile explained that the program began as a pilot program in the early 1970's with a grant from the Texas Department of Community Affairs through COG, which was instrumental in developing the program. He stated that the ori- ginal seed money was approximately $60,000. Mr. Basile further explained that after COG had sponsored the program for two years, they asked the City to be the sponsoring agency, to which the City agreed and operated it for one year. He continued by informing the Council that following the City's sponsorship, an agreement was worked out with United Way, and they agreed to sponsor the program for an additional year, and the City turned over $30,000 to United Way for front- end money. Mr. Basile related that United Way sponsored the program for about one year, and since that time, ECDC has been operating without a sponsor with the funds available. He confirmed that ECDC has requested funding in the amount of $30,000 from United Way. City Manager Townsend stated that this was an experimental program with a large staff, and the program has been operating on funds from the original grant under several different sponsors. After further discussion, Mayor Pro Tem Gulley suggested that the staff make recommendations and discuss.the matter with United Way. Speaking on another matter was Mr. Bill Sweetland, 803 South Water Street, who requested that the Council appoint a committee consisting of three persons to Minutes Regular Council Meeting April 12, 1978 Page 18 complete a report of the feasibility of the multiple use of the portion of Mesquite Street which is planned for use as a drive-in banking facility. He suggested that the report be completed by next week. Mr. Sweetland stated that he wants someone to give the Council additional information for consideration and suggested that the following three persons be appointed to form the committee: Dr. Robert McMahon, Mr. John R. Wright, and Mr. Phillip Hall. Council Member Diaz questioned Mr. Sweetland as to the purpose of a study, on property that is currently being developed as a bank drive-in facility, and Mr. Sweetland replied that he thought that the Council should have information on the proper use of this property, stating that it is his personal opinion that possibly there is a better plan to benefit all of the citizens of the City. City Manager Townsend suggested that if Mr. Sweetland has specific sug- gestions to make that they be presented to the staff because the plan has been worked out following discussions with bank representatives. Mr. Townsend stated that he was not sure what a committee could accomplish. Mayor Pro Tem Gulley agreed that the information should be presented to the staff for recommendation to the Council. Council Member Diaz pointed out that the particular property has been bought and paid for by the bank, and the bank can do anything they desire with it. After further discussion, Council Member Sample ascertained that the citi- zens suggested by Mr. Sweetland to serve on the proposed committee had not agreed to accept such an appointment, and Council Member Diaz suggested that if the ones suggested wish to provide input to the Council, they would be glad to have them appear at the end of the Regular Council Meeting next week. There being no further business to come before the Council, on motion by Gulley, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 5:13 p.m. April 12, 1978.