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HomeMy WebLinkAboutMinutes City Council - 05/10/1978r MINUTES • CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 10, 1978 PRESENT: *Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: • David Diaz ' Joe Holt Tony Juarez, Jr. Edward L. Sample ` x City Manager R. Marvin Townsend Assistant City Attorney Robert Coffin City Secretary Bill G. Read t, Mayor Pro Tem Bob Gulley called the meeting to order in the Council Chamber • in the temporary absence of Mayor Gabe Lozano, Sr., who was conducting official business in his office. The invocation was given by the Reverend Steve Carrizal of Ayers Street • R Church of Christ.3. - '~ City Secretary Bill G. Read called'"the roll -of required Charter Officers • and verified that the necessary quorum was present to conduct a legally constituted meeting. 4 •• R!' Mayor Pro Tem Gulley announced that Mayor Lozano had issued the following proclamations: "NATIONAL HOSPITAL WEEK" - May 7-13, 1978; "SIDBURY HOUSE RESTORA- TION WEEK" ! May 7-13, 1978; "GOODWILL WEEK" - May 7-13, 1978; "NAVAL JUNIOR RESERVE OFFICER TRAINING'CORPS WEEK" - May'10 -16, 1978; TONAL NURSING HOME WEEK" - May 14-20, 1978; "TRANSPORTATION WEEK" - May 14-20, 1978; "ARMED FORCES r •„ F • BEACH -TO -BAY RELAY MARATHON DAY" - May 20, 1978; and "CITY SECRETARY'S WEEK" - > a "May 14-20, 1978. + • . Motion by Diaz that Council Member Ruth Gill, who is•attending a meeting « h related to City business, be excused from the Council,Meeting; seconded by Juarez; and passed unanimously. 'A • Mayor Pro Tem Gulley called for the City Manager's Reports.- City Manager R. Marvin Townsend presented the following items with related comments and explana- tion: } t ' , V. a. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on May 31, 1978 on the following zoning applica- tions: - (1)' Mr. Winston E. Cooper: "A-1" to "B-4", located at the southeast r,• corner of Waldron andTDon Patricio Roads. , . , 1 (2) Ms: Hazel Calvin: "R -1B'_" to "B-4",1ocated on the south side of "South Padre Island Drive, approximately -150' east of Larcade Drive, ,. 4 . tPOncif MED Mr. Ross B. Langham,' Jr.: "R -1B" to "B-4", located on the south --- side of Knickerbocker Street, approximately 350' cast of Laguna 0 Stases • Drive• SEP -0 3190 Minutes Regular Council Meeting May 10, 1978 Page 2 b. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on June 7, 1978 on the following zoning applications: (1) Mr. David S. Jellison: "R -1B" to "B-3", located on the west side of Cosner Drive, approximately 105' north of South Padre Island Drive. (2) Woodland Creek Developers: "R -1B" to "B-1" on Tract A & "R -•1B" to "R-2" on Tract B, located on the south side of Leopard Street, approximately 650' east of Caplin Drive. c. Recommendation that a replacement sand blaster for the Gas Division be purchased from CLEMTEX, LTD., Corpus Christi, on the basis of low bid meeting specifications of $4,263.70. Bids were received from five firms. The sand blaster is used to clean rust and paint from meters and regulators being overhauled. d. Recommendation that the following equipment be purchased for Senior Community Services from the firms indicated on the basis of low bid: (1) A convection oven from Delta Restaurant Supply, Corpus Christi, for $2,395. Bids were received from five firms. (2) A 60 quart automatic mixer from Crishaw Kitchen Equipment, Corpus Christi for $2,979.90. Bids were received from six firms. (3) A walk-in freezer from Storecraft, Inc., Corpus Christi, for $7,965. Bids were received from five firms. The equipment is included in a supplemental $20,000 grant from the Governor's Committee on Aging for food and kitchen equipment. The grant was approved by the City Council last September. e. Recommendation that the lease approved on January 18, 1978, be amended to delete 10.243 acres between Navigation Boulevard and Paxton Street near Highway 44 (Savage Lane Pump Station) from the oil and gas lease with Welton E. Cox, and the prorated bonus amount of $512.15 be refunded. An earlier lease awarded in 1965 on this tract is still in effect because production has been pooled and the City is receiving a royalty payment of a minimum of $1,000 per year. This tract is one of 4 tracts (13 acres) leased to Mr. Cox last January at a cash bonus of $50 per acre and a royalty of 3/16ths for a three year term. f. Recommendation that a 12 month sublease ending April 15, 1979 be entered into with U S LIFE Credit Corporation for 1,710 square feet of office space at 511 Lawrence Street at $450 per month not including utilities. This office space will replace space previously leased at 422 Lower Broadway (Bobys' Building) and will be used as offices for 11 appraisers in the Tax Division. The Bobbys' Building was purchased by Corpus Christi National Bank for a new drive-in facility. The Bobys' Building rent was $550 per month. g• Recommendation that the City's standard lease agreement for renting property on a month-to-month basis be revised to incorporate state laws passed since the standard lease was authorized (4-24-74). The new lease will provide a specific procedure for notifying the tenant of default or abandon- ment, clarify the City's lien upon the tenant's belongings for non -pay, and be more specific about handling deposits. The City is now leasing the following properties under this authority: h Regular Council Meeting May 10, 1978 Page 3 Monthly Rent: Reason for Owning; 3034 Ocean Drive $275 acquired for open space 3705 Topeka 140 right-of-way for the connection of Brawner Parkway to Alameda 1723 North Chaparral 80 Bayfront Park 213 Aviation 75 Navy's crash area. 4739 Timon 75 Phase B of Corpus Christi Beach Park h. Recommendation that resurfacing Runway 13-31 and portions of Taxiways Q, B, and K at Corpus Christi International Airport be accepted and final payment of $73,430.68 for a total of $78,830.68 be made to Mission Paving Company. The striping contractor, J. A. Reke & Son, is to begin striping the runways and taxiways next week. i. Recommendation that the $131,050 appropriation for engineering contracts with Urban Engineering for improvements to the Oso and Laguna Madre Wastewater Treatment Plants be modified to reflect a deduction of $1,950 from the Laguna Madre Project and an addition of the same amount to the Oso Project. The original appropriation did not correctly distribute the funds. This correction is necessary so that payment for design work may be made to the Engineer on the Oso project and a reimbursement request can be submitted to the Enviornmental Protection Agency. j. Recommendation that a utility and temporary construction easement for the South Staples Street Sanitary Sewer Project be acquired by condemnation from Mr. and Mrs. Duaine A. Davis. The property is located on the West side of Staples Street between Holly Road and Wooldridge Road. Negotiations with the owners have been unsuccessful. The utility easement is across the front of the property and is 15' by 125'. The temporary construction easement is adjacent to the utility easement and is 25' by 125'. The construction contract was awarded on April 26, 1978. k. Recommendation that the 1600 Block of North Chaparral Street be closed to vehicular traffic from 8:00 A.M., Thursday, May 11,.ta 6:00_P_.M. Saturday, May 13, 1978, so that the Junior League of Corpus Christi can sponsor an open house celebrating the opening of the Sidbury House. The tenants and property owners facing the 1600 block of Water Street have been contacted and offer no objection. *Mayor Lozano arrived at the meeting at 2:22 p.m. 1. Recommendation that 2 additional Title II CETA positions be funded through September 30, 1978: (1) One Planning Technician I, Grade 18, in Inspections and Operations to work with an Energy Conservation grant which will be used to accumulate climatic data throughout the City and to determine the impact on Corpus Christi of proposed national energy standards. Acceptance of the grant from the Governor's Office of Energy Resources for $5,000 was authorized by the Council on March 1, 1978. (2) One Community Service Officer, Grade 12, in the Work Experience Program to assist in the administration of the National Council on the Aging Title IX program. The position has been funded as a Title IX participant, but due to time limitations on eligibility of Title IX participants, it is recommended that this position be transferred to Title II to retain the trained person to assist in administration. Minutes Regular Council Meeting May 10, 1978 Page 4 m. Recommendation that a contract be approved with Pendaris Corporation whereby the City will extend water and wastewater services to Wood River Subdivision between FM 624 and the Nueces River, approximately 111 miles west of Highway 77 along the Nueces River. Pendaris will: (1) Pay approximately $18-20,000 to oversize the wastewater main to be built along Hearn Road to Highway 77 to serve the subdivision and construct all sewer improvements within the subdivision, a lift sta- tion and a force main to transport sewage to Highway 77. (2) Construct a water system to City standards. If the City obtains permission to provide water to the subdivision, construct or pay for a 12" water main from the Calallen High School along FM 624 to the subdivision. The City will reimburse the developers for the 12" line after annexation and 50% development. (3) Construct all improvements in the subdivision according to City codes, inspections and fees. (4) Contractually annex Units 1 and 2 and any other units platted as of May 15, 1983 on that date. Other units will be annexed as they are platted. Council Member Diaz referred to (4) of the preceding item and suggested that the word "shall" should be substituted for "will" in the last sentence to make the future annexation requirement more binding. City Manager Townsend assured him that the contract document will be very specific in regard to this requirement. There were no further comments from the Council or members of the audience in regard to the foregoing City Manager's Reports. Motion by Gulley that the City Manager's Reports, Items "a" through "m", be accepted; seconded by Sample; and passed unanimously. Mayor Lozano announced the consideration of the pending zoning case on the following application: PJC Partnership: "R -1B" to "A-1" located on the south side of Williams Drive approximately 600 feet east of South Staples Street. This application was heard by the Council on November 16, 1977, at which time "A-1" was denied but in lieu thereof a special permit was approved for an apartment complex, including the planting of a green area between parking and Williams Drive. An appropriate site plan with a screening hedge has been sub- mitted. The 20% rule is in effect. City Manager Townsend informed the Council that the six-month period allowed for approval of a site plan expires this week; therefore, there is a need to have the special permit approved as soon as possible. Minutes Regular Council Meeting May 10, 1978 Page 5 Motion by Holt that the site plan submitted be approved and the special permit be authorized; seconded by Diaz; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances listed on the agenda. Discussion followed in regard to the propriety of voting on the ordinances authorizing the architectural contracts at this meeting in view of the fact that one member of the Council was absent, but it was determined that the Council should vote on the ordinances at this time to prevent further delay on the projects included in the 1977 Bond Election. In regard to the ordinance authorizing the sublease of office space by the Tax Office at 511 Lawrence, Council Member Diaz suggested that the implemen- tation of a bidding process be considered the next time the City requires the lease of additional office space. City Manager Townsend informed him that such a procedure had been dis- cussed in the past, and, in fact, bids were received when the Tax Office facility was first located at its present location. He explained that the bidding procedure had not been very successful at that time. He further stated that other sites on Chaparral Street had been examined; all City leases for office space in the down- town area have expired; and this matter will be discussed further in the future. There were no further comments from the Council or members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AUTHORIZING THE CITY MANAGER OR HIS AUTHORIZED REPRESENTATIVE TO EXECUTE LEASE AGREEMENTS WITH THE TENANTS OF VARIOUS RESIDENTIAL BUILDINGS LOCATED ON PROPERTY ACQUIRED BY THE CITY, SAID LEASES TO BE ON A MONTH-TO-MONTH BASIS, ALL AS MORE FULLY SET FORTH IN THE FORM OF LEASE AGREEMENT AND SECURITY DEPOSIT AGREEMENT, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill, Absent. Minutes Regular Council Meeting May 10, 1978 Page 6 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 39, PERSONNEL, ARTICLE I, IN GENERAL, BY ADDING THERETO PROVISIONS FOR LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES IN SUITS ARISING FROM THEIR OFFICIAL DUTIES; FOR INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES FROM CIVIL JUDGMENTS AGAINST THEM RESULTING FROM THEIR GOOD FAITH ACTS WITHIN THE SCOPE OF THEIR AUTHORITY; FOR RESERVING THE CITY'S DEFENSE OF GOVERNMENTAL IMMUNITY; FOR NOTICE TO THE CITY OF SUCH SUITS AGAINST OFFICERS OR EMPLOYEES; FOR RESERVING POWER OF THE CITY TO DISCIPLINE OFFICERS OR EMPLOYEES; AND FOR EXCLUDING FROM INDEMNIFICATION SUITS IN BEHALF OF THE CITY AGAINST AN OFFICER OR EMPLOYEE BUT PERMITTING LEGAL REPRESENTATION OF SUCH AN OFFICER OR EMPLOYEE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE VI. DEPARTMENT OF PUBLIC HEALTH: CITIZENS' ADVISORY HEALTH AND WELFARE BOARD, SECTION 2-163, ENTITLED "CITIZENS' ADVISORY HEALTH AND WELFARE BOARD - CREATED: COMPOSITION AND APPOINTMENT OF MEMBERS; RULES OF PROCEDURE; OFFICERS; TERMS OF MEMBERS; FILLING VACANCIES." SO AS TO PERMIT REAPPOINTMENT OF MEMBERS TO THE SAID BOARD. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. THIRD READING - ORDINANCE NO. 14299: AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR CONTRACT WITH THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU FOR TOURIST AND CON- VENTION ADVERTISING AND PROMOTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING FOR SEVERABILITY. The foregoing ordinance was passed on its third and final reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14300: AMENDING ORDINANCE NO. 14131, PASSED AND APPROVED BY THE CITY COUNCIL ON JANUARY 18, 1978, CONCERNING LEASE AGREEMENT WITH WELTON E. COX FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROSPECTING, DRILLING AND MINING FOR AND PRODUCING OIL AND GAS, SO AS TO DELETE ITEM 1 THEREFROM, RELATING TO 10.243 ACRES BETWEEN NAVIGATION BOULEVARD AND PAXTON STREET NEAR HIGHWAY 44; AUTHORIZING REFUND OF THE PRORATED BONUS OF $512.15 TO WELTON E. COX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting May 10, 1978 Page 7 ORDINANCE NO. 14301: AUTHORIZING THE CITY MANAGER TO EXECUTE A 12 -MONTH SUBLEASE WITH U.S. LIFE CREDIT CORPORATION FOR THE USE OF 1,710 SQ. FT. OF OFFICE SPACE AT 511 LAWRENCE STREET BY THE TAX OFFICE OF THE CITY OF CORPUS CHRISTI, AT A MONTHLY RENTAL OF $450 PER MONTH, NOT INCLUDING UTILITIES, A SUBSTANTIAL COPY OF SAID SUBLEASE BEING ATTACHED HERETO, MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14302: AMENDING ORDINANCE NO. 12499, PASSED AND APPROVED BY THE CITY COUNCIL FEB- RUARY 26, 1975, TO REFLECT A REVISED DISTRIBUTION OF THE $131,050 APPROP- RIATION OUT OF THE NO. 250 SANITARY SEWER BOND FUND AS FOLLOWS: $25,000 IS APPLICABLE TO PROJECT NO. 250-72-2, SARATOGA TRUNK MAIN; $42,050 IS APPLI- CABLE TO PROJECT NO. 250-72-12, LAGUNA MADRE (FLOUR BLUFF) WASTEWATER TREATMENT PLANT EXPANSION; AND $64,000 IS APPLICABLE TO PROJECT NO. 250-70-104, OSO WASTEWATER TREATMENT PLANT EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14303: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN A UTILITY AND TEMPORARY CONSTRUCTION EASEMENT FOR A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, INDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL 3 FOR THE SOUTH STAPLES STREET SANITARY SEWER PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, DUAINE A. DAVIS AND WIFE, ANN DAVIS, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14304: FINDING THAT AN EVENT CELEBRATING THE OPENING OF SIDBURY HOUSE ON MAY 11, 12, AND 13, 1978 IS IN THE PUBLIC INTEREST AND WELFARE; CLOSING THE 1600 BLOCK OF NORTH CHAPARRAL TO VEHICULAR TRAFFIC FROM 8:00 A.M. THURSDAY, MAY 11, 1978 TO 6:00 P.M. SATURDAY, MAY 13, 1978, FOR SAID EVENT SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE, PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE DIRECTOR OF ENGINEERING & PHYSICAL DEVELOPMENT FOR CERTAIN CHANGES; REQUIRING PERMITS FOR ALCOHOLIC BEVERAGES AND FOOD;COMPLIANCE WITH CITY CODES AND REQUIRING THE SPONSOR TO RESTORE THE AREA TO USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/PERMIT; PROVIDING FOR SEVERANCE; PROVIDING FOR PUB- LICATION; AND DECLARING AN EMERGENCY. The Charter Ride was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting May 10, 1978 Page 8 ORDINANCE NO. 14305: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BENNETT, MARTIN & SOLKA, A GENERAL PARTNERSHIP, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF THE NORTHWEST LIBRARY, AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $36,500 OUT OF THE NO. 269 LIBRARY BOND FUND, APPLICABLE TO PROJECT NO. 269-77-1, NORTHWEST LIBRARY, OF WHICH $36,000 IS FOR ARCHITECTURAL FEES AND $500 IS FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14306: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BROCK, MABREY & r PARTNERS, ARCHITECTS FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN THE DESIGN OF AND PREPARATION OF PLANS AND SPECIFICATIONS FOR IMPROVEMENTS TO THE RESTROOM FACILITIES, CONCESSION STANDS, STAGE AREA, FLOOR AND SEATING AREA OF THE CORPUS CHRISTI COLISEUM AND EXPOSITION HALL, ALL AS MORE FULLY ' DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $15,000 OUT OF THE NO. 261 COLISEUM BOND FUND FOR ARCHITEC- TURAL FEES APPLICABLE TO PROJECT NO. 261-77-1, COLISEUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14307: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CHRISTIAN, BRIGHT, PENNINGTON & ASSOCIATES, ARCHITECTS FOR ARCHITECTURAL SERVICES TO BE PROVIDED IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A MULTICULTURAL CENTER IN THE CITY OF CORPUS CHRISTI, SAID SERVICES BEING LIMITED TO THE PROGRAMMING AND SCHEMATIC, DESIGN DEVEL- OPMENT, CONSTRUCTION DOCUMENTS AND BID AND AWARD PHASES ONLY, REPRESENTING 80% OF THE ARCHITECTURAL CONTRACT, AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $43,000 OUT OF THE NO. 265 MULTICULTURAL CENTER BOND FUND, OF WHICH $38,896 IS FOR ARCHITECTURAL SERVICES AND $4,104 IS FOR LABORATORY TESTING, CONTINGENCIES, AND INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT NO. 265-77-1, MULTICULTURAL CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14308: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COTTEN-LANDRETH ARCHITECTS, FOR DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS IN CONNEC- TION WITH THE MODIFICATIONS AND EXPANSION OF THE TERMINAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $50,000 OUT OF THE NO. 245 AIRPORT BOND FUND FOR ARCHITECTURAL FEES, APPLICABLE TO PROJECT NO. 245-77-4, TERMINAL BUILDING IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting May 10, 1978 Page 9 ORDINANCE NO. 14309: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JESUS A. LEIJA, ASSOCIATES FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF A FIRE TRAINING BUILDING, ALL AS MORE FULLY SET FORTH AND DESCRIBED IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING A TOTAL OF $8,000 OUT OF THE NO. 260 FIRE DEPARTMENT BUILDING BOND FUND, APPLICABLE TO PROJECT NO. 260-77-1, FIRE TRAINING BUILDING, OF WHICH $7,440 IS FOR ARCHITECTURAL FEES AND $560 IS FOR LABORATORY TESTINW,CONTINGENCIES, INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14310: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH JOHN OLSEN, ARCHITECT, FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN OF RESTROOM AND CONCESSION FACILITIES IN COLE PARK, AND ALSO THE DESIGN OF RESTROOM FACILITIES AT THE SOUTH END OF CORPUS CHRISTI BEACH AND RESTROOM FACILITIES, BATHHOUSE, PAVILION AND RELATED IMPROVEMENTS AT THE NORTH END OF CORPUS CHRISTI BEACH, ALL AS MORE FULLY DESCRIBEDIN THE ATTACHED AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $20,000 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $4,000 IS APPLICABLE TO PROJECT NO. 291-77-1, COLE PARK IMPROVE- MENTS, AND $16,000 IS APPLICABLE TO PROJECT NO. 291-77-2, CORPUS CHRISTI BEACH IMPROVEMENTS; OF THE TOTAL APPROPRIATION $19,125 IS FOR ARCHITECTURAL FEES AND $875 IS FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14311: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NEEDHAM B. SMYTH & ASSOCIATES, ARCHITECT, FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN CONN- ECTION WITH THE DESIGN AND PREPARATION OF THE PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF THE WASTEWATER MAINTENANCE AND PARK MAINTENANCE BUILD- INGS, ALL AS MORE FULLY DESCRIBED AND SET FORTH IN THE ARCHITECTURAL AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING A TOTAL OF $43,000, CONSISTING OF $17,200 FROM THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250- 77-14, WASTEWATER MAINTENANCE BUILDING, AND $25,800 FROM THE NO. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291-77-6, PARK MAINTENANCE BUILDING; OF THE SAID APPROPRIATION $41,250 IS FOR ARCHITECTURAL FEES($16,500 TO PROJECT NO. 250-77-14; $24,750 TO PROJECT NO. 291-77-6) AND $1,750 IS FOR INCIDENTAL AND RELATED EXPENSES ($700 TO PROJECT NO. 250-77-14; $1,050 TO PROJECT NO. 291-77-6); AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting May 10, 1978 Page 10 ORDINANCE NO. 14312: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TURNER, ROME BOULT- INGHOUSE & ASSOCIATES, INC., ARCHITECTS, FOR ARCHITECTURAL SERVICES TO BE PERFORMED IN CONNECTION WITH THE DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF ADDITIONS TO THE CORPUS CHRISTI POLICE DEPARTMENT BUILDING, ALL AS MORE FULLY SET FORTH AND DESCRIBED IN THE ARCHITECTURAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $38,000 FROM THE NO. 266 POLICE BUILDING BOND FUND, APPLICABLE TO PROJECT NO. 266-77-1, POLICE BUILDING IMPROVEMENTS, OF WHICH $37,050 IS FOR ARCHITECTURAL FEES AND $950 IS FOR LABORATORY TESTING AND INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14313: 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 APPLI- CATION OF PJC PARTNERSHIP, BY GRANTING A SPECIAL PERMIT FOR AN APARTMENT COMPLEX, ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART, HEREOF, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON A 3.4 -ACRE PORTION OUT OF LOTS 18 AND 19, SECTION 13, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, AS MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Holt, Juarez and Sample voting "Aye"; Gill absent. ORDINANCE NO. 14314: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH PENDARIS CORPORATION FOR EXTENSION OF WATER AND WASTEWATER SERVICES TO THE "WOOD RIVER" SUBDIVISION, PROVIDING THAT SUCH SUBDIVISION BE DEVELOPED IN ACCORDANCE WITH CITY CODES RELATING TO PLATTING AND DEVELOPMENT, AND PROVIDING FOR FUTURE ANNEXATION AS DEVELOPMENT OCCURS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting May 10, 1978 Page 11 Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Richard G. Graessle, Chairperson of the Department of Criminal Justice for Del Mar College and former International Police Advisor and Consultant, addressed the Council and offered a rebuttal to the recommendation made by Mr. Fred C. Auforth that the Council consider the formation of a Citizens Police Review Board. Mr. Graessle took exception to Mr. Auforth's critical comments on the law enforcement profession in general and that of this City's in particular. Mr. Graessle expressed the opinion that a police review board would be ineffective, because historically, such boards have proven to be a failure in other cities in which they have been formed. He stated that law enforcement agencies and their personnel are subject to review constantly by such entities as the Federal Bureau of Investigation, the District Attorney's Office, the Attorney General's Office, the Grand Jury, the City Attorney, the City Council, the Courts, the Civil Service Commission and the Internal Affairs Division of the department itself. Mr. Graessle contended that a police review board comprised of a group of citizens would more than likely be composed of people who are untrained in law enforcement, and they would be placed in the position of investigating and judging trained specialists. Mr. Graessle pointed out that the police officer of today is very professional. Mr. Graessle referred to the discussion of the Houston Police Department and the apparent police brutality associated with that City which had occurred during last week's Council meeting. He stated that Houston had just recently established an Internal Affairs Department and expressed the opinion that if that City had established such a department some time ago, a better control of their Police Department might have been effectuated. Mr. Graessle pointed out that the City of Corpus Christi has always had a Department of Internal Affairs, which has been very effective in investigating complaints about the conduct of police officers. He emphasized that the City's Internal Affairs Division conducts very thorough investigations of complaints against the Police Department employees, and stated that although some human errors are made by police officers, most of the officers are trained professionals who conduct their duties in a professional manner. Minutes Regular Council Meeting May 10, 1978 Page 12 Mayor Pro Tem Gulley thanked Mr. Graessle for appearing before the Council to present the other side of the matter. Mayor Lozano stated that he does not feel that citizens' review board is necessary because of the control that exists within the Police Department. He pointed out that as long as people are involved, there will be human errors made, but the entire department should not be blamed for one employee's mistakes. Council Member Diaz ascertained that the Internal Affairs Division is located in the Police Building and expressed the opinion that the location of the division in that building, where armed police officers are constantly present, might intimidate citizens who desire to file a complaint against an officer. He suggested that the Internal Affairs Division should be located in a place other than the building of the department against which the complaints are filed, and he further stated that he felt that a neutral site would be more conducive to the comfort of citizens who might wish to file a complaint. Mayor Lozano expressed the Council's appreciation to Mr. Graessle for his presentation. Speaking on another matter was Mr. Philip Rosenstein, 949 Bobalo, who commended Mayor Lozano on the stand he had taken in regard to the incident that occurred at Cole Park last week. He stated that he is in complete agreement with the Mayor and complimented the Council for taking a firm stand in attempting to limit the number of people who attend functions in the park, indicfting that they acted for the good of a majority of the citizens in the City. Mrs. Agnes Horn, 1525 Clodah, stated that she would like to comment on the operation of the Internal Affairs Division of the Police Department. Mrs. Horn related an incident involving her son who was arrested recently. She alleged that her son was attacked by the arresting officer and was injured, expressing the opinion that during the episode, her son could have been accidentally killed by the officer. She stated that following the incident, she and her husband attempted to file a complaint and were referred to the Internal Affairs Division. Mrs. Horn related that when her husband filed the complaint in that office, he, too, was mistreated. She stated that they had not received a report on the investigation and had not even been able to obtain the names of the attesting officers. Minutes Regular Council Meeting May 10, 1978 Page 13'. Mayor Pro Tem Gulley asked Mrs. Horn for the date and time of the incident so that the staff could prepare a report on the incident. City Manager Townsend requested time to investigate this matter, noting that it is unfair both to Mrs. Horn and to the officers involved in the incident since allegations of mistreatment are being made. He assured Mrs. Horn that the matter will be investigated and a report made. City Manager Townsend pointed out to the Council that the basic control system of the Police Department is the same as the system that exists in all departments of the City, which provides for-the'administration of each department to investigate complaints against its employees. He informed the Council that the investigations conducted by the Police Department are very thorough and much more detailed than in any other department. Council Member Diaz again stated that the Internal Affairs Division should not be located in the Police Department Building, because he feels that the pre- sence of armed police officers does tend to imtimidate citizens who wish to file a complaint. Mrs. Joan Veith appealed and expressedtheopinion that she feels very well protected when in the company of a police officer who is armed and stated that she feels that if a citizen is not doing anything wrong, he would not be intimidated by an armed police officer. Mr. Gene Ruiz; a member of :the Corpus Christi Unit of the Texas ' State Guard, Reserve, spoke at this time and informed the Council that he had sent a letter to the Council Members requesting financial assistance for his organization. Mr. Ruiz stated that an article in the State Statute provides authority for funding from municipalities and that he had not received a reply to his request. Mr. Ruiz also requested that his organization be allowed the use of Exposition Hall for fund-raising functions, in particular, a benefit dance. City Manager Townsend informed Mr. Ruiz that his organization would be allowed to rent Exposition Hall under the same terms and rates allowed other non-profit organizations, which is less than the commercial rate charged. Minutes Regular Council Meeting May 10, 1978 . Page 14 City Manager Townsend stated that in the past, the City has provided some support for this organization in the form of upkeep of vehicles and other services. He informed the Council that Mr. Ruiz' letter of request for funds had been referred to the Budget Office for consideration for inclusion in the 1977-78 Budget. Mr. Townsend informed the Council that any funding for this organization might be included under the Civil Defense Activity. Mr. Ruiz : stated that this Corpus Christi Unit of the Texas State Guard is ready to assist in any type of emergency situation, as well as units from other cities in this area. Mr. Harold Alberts, 618 Dolphin, presented the idea for the creation of a water taxi service from the Holiday Inn -Emerald Beach to the old'loading'dock in the vicinity of the Auditorium to be operated for a small charge. Mr. Alberts expressed the opinion that such a service would provide a unique tourist attrac- _ tion and allow visitors of the City to view all of our bayfront activities, including the facilities in Bayfront Plaza. He suggested that the Council consider endorsement of such a project. Council Member Diaz inquired if Mr. Alberts had discussed this idea with Captain Nathan Clark since Captain Clark had discussed this same plan some time ago. Mr. Alberts stated that he was not aware of Captain Clark's interest but that if Captain Clark is interested in operating the taxi service, his experience with boats should help implement the plan. Mn Alberts reiterated that the support of the City Council would be needed no matter who operated the taxi service. City Manager Townsend informed the Council that this same concept has been recommended as a part of several studies of the bayfront, including the Sasaki -Walker Report. He assured the Council that the staff definitely approves of the plan, but there is a question as to who will underwrite the operating deficit of the service. Mayor Lozano suggested that the hotels and motels in the vicinity might be willing to underwrite this. City Manager Townsend pointed out that the water taxi service would not replace the shuttle bus service to the auditorium for certain events, but it would be a good project as a tourist attraction. Minutes Regular Council Meeting May 10, 1978 Page 15 Most of the Council Members indicated their approval of this project. City Manager Townsend suggested that a motion might be in order to that effect. Motion by Gulley that the Council endorse the concept of a boat shuttle between the hotels and the Auditorium and Convention Center site; seconded by Sample; and passed unanimously. The next citizen addressing the Council was Mr. John Stensland, 337 Primrose, member of the Marina Board. Mr. Stensland referred to the discussion during the Workshop Meeting in regard to the Marina area and stated that the cleanup work that had been suggested by Council Member Gill some time ago had been discussed by the Board, and a sum for this work had been established, which would be recommended to the City. He also referred to the discussion of the location of the statue of Christ in the bayfront area and stated that the Marina Board and the Planning Commission would discuss this matter at their upcoming joint meeting. There were no further presentations from the audience, and Mayor Lozano recessed the Regular Council Meeting at 3:40 p.m. The Regular Council Meeting was reconvened at 3:48 p.m. Mayor Lozano announced public hearings on zoning applications. City Manager Townsend announced the public hearing on Application No. 378-8, Mr. Torcuato Luna, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 17, Block 2, Midway Addition, located on the south side of Horne Road approximately 250' east of Prescott Street. City Manager Townsend informed the Council that the Planning Commission recommended approval of this request, and the Planning Staff recommends denial on the basis that it would be spot zoning in an area of single-family residences which are well maintained; that even though four lots are zoned for business at the southeast corner of Horne Road and Prescott Street, only one lot is being used for that purpose; and it would have a detrimental effect on adjacent residential properties as well as those across the street. Minutes Regular Council Meeting May 10, 1978 Page 16 Mr. Townsend stated that in response to the notices of the public hearing, one in favor and one 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, and showed slides of the area. He stated that the subject property is presently vacant and that the owner plans to install a nursery and flower shop at this location. Mayor Lozano called for comments from the members of the audience who are opposed to this change of zoning. There was no response. Council Member Sample stated that he agrees with the staff recommendation because he believes that approval would constitute spot zoning since there is only one business currently in operation in the area. He also noted that the applica- tion was tabled by the Planning Commission, and approval was recommended by a small majority of those voting, which indicates to him that there was some doubt among the Planning Commission members about the approval of the application. Mayor Lozano called on the applicant to speak. Mr. Turcuato Luna, 2025 Horne Road, stated that the only reason the Planning Commission hesitated to approve the application was because of the opposition expressed by one person. He stated that he had presented a petition signed by property owners on Horne Road expressing agreement with this change of zoning. Mr. Luna pointed out that there is business zoning in the area and expressed the opinion that most of the people want business zoning. Council Member Sample called the Council's attention to the large residence that is located adjacent to the subject property. It was determined that this residence is owned by the applicant. City Manager Townsend noted that a garage at the rear of this residence extends onto the property on which the change of zoning has been requested. He informed the applicant that even if this change of zoning is approved, he will be unable to construct a building for business use on this property unless the garage is removed. Mr. Luna indicated that he would be willing to do this. Council Member Holt suggested that a special permit for a flower shop be considered, since this would not be objectionable to the residents of the neighborhood. Mr. Holt expressed the opinion that if the property should be Minutes Regular Council Meeting May 10, 1978 Page 17 sold at some future date, an objectionable type of business could be installed if the "B-1" zoning is approved. Mr. Luna indicated that he would consider a special permit but requested that he be allowed to install a nursery, primarily for the sale of hanging baskets, in addition to the flower shop. Council Member Holt inquired if the applicant would be forced to remove his residential garage from this property if a special permit is granted, and City Manager Townsend replied that the special permit could be so written to allow the retention of the garage at its present location. , Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that the "B-1" zoning be denied but in lieu thereof a special permit be approved for a nursery and flower shop, allowing the retention of the garage, subject to approval of a site plan; seconded by Juarez; and passed by the following vote: Lozano, Gulley, Diaz, Holt and Juarez voting "Aye"; Sample voting "Nay"; Gill, absent. City Manager Townsend announced the public hearing on Application No. 478-1, Thomas Spann Building Corporation, for change of zoning from "R -1B" One - family Dwelling District, "A-2" Apartment House District, and "SP" Special Permit to "AB" Professional Office District on Lots 17-20 and 43-48, Block 1102, Bay Terrace Unit 2, located between 14th Street and Brownlee Boulevard apprqximately 300' south of Elizabeth Street. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval, and in response to the notices of the public hearing, five 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, and showed slides of the area. He explained that the reason for the request is to provide additional parking space for employees and tenants of the Thomas Spann Building. No one spoke in opposition to this change of zoning request. Mayor Lozano called for comments from Mr. Arthur Ramirez, who was present as a representative of the Planning Commission. Minutes Regular Council Meeting May 10, 1978 Page 18 Mr. Ramirez stated that the Planning Commission is definitely in favor of this change of zoning. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and the Planning Staff and approve the zoning of "AB" on this property; seconded by Juarez; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 478-2, Mr. Winston E. Cooper, for change of zoning from "R -1B" One -family Dwell- ing District to "R-2" Multiple Dwelling District on Lots 12-14 and 36-40, Block 12, Flour Bluff Park, located` between McDonald Street and Weaver Street, approxi- mately 500' north of South Padre Island Drive. Mr. Townsend informed the Council that both the Planning Commission and Planning Staff recommend approval and that in response to the notices of the public hearing, two in opposition had been returned. He also stated that this property is not in a high noise zone near the Naval Air Station. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicant plans the construction of duplexes on this property. Council Member Diaz inquired about the location of the crash zone, and City Manager Townsend replied that it is five blocks away. Mayor Pro Tem Gulley made the observation that this is the same area on which another zoning case was recently heard and inquired as to the location of the property listed in the Carl Webb application. City Manager Townsend informed him that the noise zone is three blocks away from the subject property, and the property involved in the Carl Webb application is five blocks away and is within the high noise zone. Mayor Pro Tem Gulley expressed concern that the staff recom- mends approval of this application and were opposed to approval of similar zoning in the Webb case. Minutes Regular Council Meeting May 10, 1978 Page 19 Mayor Lozano called for comments from the opposition. Mrs. Vera Dunn Buchanan, owner of the property which Mr. Carl Webb desired to purchase, questioned the recommendation of the Planning Staff in view of the fact that they recommended denial on Mr. Webb's application for change of zoning. Mayor Lozano explained to Mrs. Buchanan that her property is within the limits of the high noise zone near the Naval Air Station. City Manager Townsend stated that the noise zone is determined after taking counts in the area by machine, and Mrs. Buchanan's property is located within the high noise zone. Mrs. Shirley Clasby, a resident in the general area, voiced her opposition to the change of zoning and stated that she is opposed to duplex rental property being constructed in the area, because they are usually rented to tenants who create disturbances in the neighborhood because of the large number of dogs and the traffic problems that ensue. Mrs. Clasby presented a petition containing 25 signatures of residents in the area objecting to the change of zoning to allow the construction of multiple -dwelling structures. Council Member Sample pointed out that the applicant plans to build duplexes -- not apartment units. Mrs. Clasby stated that the area to which she had referred also contains duplexes. Council Member Holt inquired of Mrs. Clasby if she prefers the existing land use rather than duplexes, and she stated that she is opposed to the duplexes unless the owner resides on the property to control the conditions that usually exist in this type of rental property. Mayor Pro Tem Gulley agreed with Mrs. Clasby that there is an extremely large number of dogs in that area. Mrs. Clasby stated that Animal Control employees are constantly in the area, but there is just so much that they can accomplish. City Manager Townsend referred to the petition she had presented and inquired if those signing the petition are residents of Weaver Street. Mrs. Clasby replied that they are, but some: are owners and others are renters. Minutes Regular Council Meeting May 10, 1978 Page 20 Council Member Holt suggested that since the petition has just been received and was not available for the Planning Commission hearing, that it be referred back to the Planning Commission. City Manager Townsend explained that Mrs. Clasby resides on property that is outside the area that requires notification and noted that a few of the property owners who signed the petition do live within the area. Council Member Sample suggested that well -constructed duplexes on the sub- ject property might be more appealing than the small structure and the concrete mobile home slabs that are presently located there. Also speaking in opposition to the change of zoning was Mrs. Marvin L. Haddock, 1014 Weaver. Mayor Lozano called on the applicant to speak. Mr. Winston Cooper, 4913 Waltham, informed the Council that he plans to build duplexes on this property; the mobile homes are deteriorating; and he does not feel that the one -family residences would be suitable in that location. He also pointed out that all utilities are available. City Manager Townsend inquired of Mr. Cooper if he plans to move the mobile home slabs that are on the property, and Mr. Cooper replied that he plans to utilize the slabs for patios and driveways. Council Member Sample asked to see the site plan, and Mr. Cooper stated that he presented the site plan during the Planning Commission hearing but did not have it available at this time. He explained that he planned to construct one -bedroom duplexes that will comprise 600 square feet, and the two-bedroom apartments will contain 700 square feet. Motion by Holt that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Holt that Application No. 478-2 be tabled until the Council has an opportunity to examine the site plan and the construction plans for the duplexes; seconded by Sample; and passed unanimously. City Manager Townsend stated that the possibility of the 20% rule being in effect will be checked. Minutes Regular Council Meeting May 10, 1978 Page 21 City Manager Townsend announced the public hearing on Application 478-3, Mr. Richard C. Pittman, for change of zoning from "R-2" Multiple Dwelling District to "B-4"General Business District on Lots 1, 2 and 3, Block 1, Blue Water Addition, located on the south side of Yorktown Boulevard between Marlin Drive and Laguna Shores Road. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial on the basis that the existing "R-2" zoning was granted a few years ago to serve as a transition between the "R -1B" and "B-4" zoning. He informed the Council that in response to the notices of the public hearing, 1 in favor, 2 in opposition, and 2 in favor of "B-4" zoning on Lot 1 only had been returned. Mr. Townsend also stated that the 20% rule is in effect. Mayor Lozano mentioned the fact that Council Member Gill is absent and suggested that this case be tabled until a full Council is present since the 20% rule is in effect. City Manager Townsend explained that the public hearing has been adver- tised; it must be heard at this time; but the hearing could be recessed. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Mayor Lozano called on the applicant to speak. Mr. Richard C. Pittman, 125 Martha Street, first asked for an explanation of the 20% rule. City Manager Townsend explained that if the owners of 20% of the pro- perty to be rezoned or 20% of the owners within 200' of the subject property file written letters of opposition, then six votes of the Council are required to approve the change of zoning. He also pointed out that if the Planning Commission recommends denial of an application, five votes of the Council are required to approve the change of zoning. Mr. Pittman stated he lives only three blocks from the subject property; pointed out that "B-4" zoning exists in the area on which boat barns and related uses exist; and stated that he does not see how this property could be developed for residential use since it is located in the vicinity of the boat barn uses. He informed the Council that Mr. Romeo Garcia, an architect who is a member of the Planning Commission, stated during the Planning Commission hearing Minutes Regular Council Meeting May 10, 1978 Page 22 that Lot 1 is undesirable for residential use. Mr. Pittman also stated that during the same hearing, only two citizens expressed opposition to the zoning, one of whom was Mr. Willie Lenox and the other was Mr. Hal Lenox. He stated that these gentlemen are in the process of building 4-plexes in the area; therefore, at that time they objected to the construction of a business adjacent to their 4-plexes. Mr. Pittman stated that he had since met with both of these gentlemen, and they have withdrawn their objection to business use for Lot 1. City Manager Townsend confirmed this statement, since letters have been received from both Messrs. Lenox indicating that they no longer object to business zoning on that lot. Mr. Pittman stated that he is now proposing that Lots 2 and 3 retain the "R-2" zoning and that Lot 1 be zoned for business use. He further stated that he would like to develop an 8-plex on Lots 2 and 3 similar to the complexes con- structed by Mr. Lenox. He further indicated that he would prefer "B-4" zoning on Lot 1, but if the Council objects to that zoning, he would be willing to accept "B-1" on this lot. Mr. Pittman stated that he felt that a neighborhood business would be good usage for this lot. Council Member Sample indicated that he felt that "B-1" zoning on this lot would be more compatible with the "R-2" zoning. Mayor Lozano called on those who desired to speak in opposition to this request. Mrs. Mildred C. Moore, 513 Chase Drive, stated that she has plans to construct a residence in that area; she is opposed to the 4-plexes that are being constructed there; and she is also opposed to Mr. Pittman's plans. Mr. Ramirez, member of the Planning Commission, informed the Council that the Commission recommended denial of this application because the proposed busi- ness will face the two residential lots. Mayor Lozano asked Mr. Ramirez for his opinion of the revised request, and Mr. Ramirez stated that if a business is constructed which will face the residences, he would still be opposed. Mr. Pittman stated that he has a letter from the property owner across the street which indicates that he is in favor of the "B-4" zoning for Lot 1. M., _es Regular Council Meeting May 10, 1978 Page 23 Motion by Holt that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Sample that the application be denied but in lieu thereof the zoning on Lot 1, Block 1, Blue Water Addition, be changed to "B-1" and Lots 2 and 3 of the same addition remain "R-2"; seconded by Diaz; and passed unanimously. Mayor Lozano informed Mr. Pittman that the ordinance effectuating this change will be considered next week. City Manager Townsend announced the public hearing' on Application No. C478-4, City Landmark Commission, designation as "HC" Historical -Cultural Land- mark for Old Bayview Cemetery, located on the east side of Waco Street between West Broadway and Ramirez Street; and on Application No. C478-5, City Landmark Commission, designation as "HC" Historical -Cultural Landmark for Artesian Park, located on the south side of Twigg Street between Mesquite and Chaparral Streets. Mr. Townsend explained that although these are two separate applications, he would like for the Council to consider them simultaneously since they were both submitted by the Landmark Commission. He stated that both pieces of property are owned by the public, and both the Planning Commission and the Planning Staff recommend approval. Chief Planner Wenger located the Old Bayview Cemetery on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. He informed the Council that prior to the recommendation that this site be designated "HC", the Landmark Commission conducts a long process of inves- tigating the significance of such designation, and documentation has been presented to justify the historical significance of the site. City Manager Townsend referred to future plans for an area near this loca- tion and mentioned that there is a possibility that the City might request the closing of Waco Street. He inquired of Mr. Wenger how the "HC" designation might affect such a request for closure. Mr. Wenger stated that such a request would have to be referred to the Landmark Commission. V Chief Planner Wenger then located Artesian Park on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. Minutes Regular Council Meeting May 10, 1978 Page 24 Mr. Larry Adams, Chairman of the Landmark Commission, stated that research had been conducted on both of these properties, and the Commission was unanimous in recommending "HC" designation for them. In regard to the closing of Waco Street in the future, Mr. Adams assured the Council that the Landmark Commission would be receptive to the changes that might be necessary. He also expressed the opinion that if these public properties are approved for "HC" designation by the Council, such action will assist the Landmark Commission in dealing with the private sector. Mrs. Alexander J. Hogarty, 116-C Buccaneer, spoke in favor of these desig- nations and pointed out that cemeteries are of great interest to tourists, local citizens and people tracing family trees. She also mentioned that young govern- ment students are interested in this cemetery and have been instrumental in the upkeep of the property. Mrs. Margaret Ramage, member of the Landmark Commission, also pointed out that historical markers have been placed on both locations. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Planning Commission and the Old Bayview Cemetery and Artesian Park be designated "HC"; seconded by Diaz; and passed unanimously. City Manager Townsend presented the ordinances effectuating the changes of zoning approved during the preceding public hearings. City Secretary Read polled the Council, and the following ordinances were approved: ORDINANCE NO. 14315: 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 ORDI- NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THOMAS SPANN BUILDING CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 17-20 AND 43-48, BLOCK 1102, BAY TERRACE UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT, "A-2" APARTMENT HOUSE DISTRICT AND "SP" SPECIAL PERMIT, TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample, present and voting "Aye"; Gill, absent. Minutes Regular Council Meeting May 10, 1978 Page 25 ORDINANCE NO. 14316: 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. 12315, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 16, 1974, BY AMENDING THE ZONING MAP BY DESIGNATING AS "HC" HISTORICAL CULTURAL LANDMARK, PROPERTY LOCATED ON THE EAST SIDE OF WACO STREET, BETWEEN WEST BROADWAY AND RAMIREZ STREET, THE OLD BAYVIEW CEMETERY, BLUFF ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE HISTORICAL -CULTURAL LANDMARK DESIGNATION, IN ADDITION TO THE PRESENT ZONING DESIGNATION ON SAID PARCEL OR TRACT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING 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 fol- lowing vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample, present and voting "Aye"; Gill, absent. ORDINANCE NO. 14317: 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. 12315, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 16, 1974, BY AMENDING THE ZONING MAP BY DESIGNATING AS "HC" HISTORICAL CULTURAL LANDMARK, LOTS 4 THRU 9, BLOCK 8, BEACH ADDITION (ARTESIAN PARK), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH THE HISTORICAL -CULTURAL LAND- MARK DESIGNATION, IN ADDITION TO THE PRESENT ZONING DESIGNATION ON SAID PARCEL OR TRACT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ZONING 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 fol- lowing vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample, present and voting "Aye"; Gill, absent. City Manager Townsend presented the Council with a memorandum containing his itinerary of out-of-town trips he plans for the next week. He explained that he, Mr. James K. Lontos, and Mr. Jerry Benadum had met with Department of Labor officials last week, but the question of appropriate wage rates for the Broadway Wastewater Treatment Plant rehabilitation contract has not yet been resolved, and it is possible that a follow-up meeting in Washington may be necessary. * * * * * * City Secretary Read informed Mayor Lozano that a member of the audience wished to address the Council. Mr. Norman Brown spoke at this time and stated that he had previously been employed as a wrecker driver and mechanic for the J and R Wrecker Service, a company that operates for the City by contract to provide wrecker service. He related the Minutes Regular Council Meeting May 10, 1978 Page 26 extreme difficulties he had experienced in acquiring his salary from this company, mentioning that he had been forced to request assistance from Chief Bill Banner of the Police Department, State authorities, and finally Federal authorities. He sug- gested that in view of the treatment he received and numerous complaints against this company, that the City should consider termination of their contract with the company. City Manager Townsend explained that the City has a contract with the J & R Wrecker Service, which is under the jurisdiction of the Police Department, and the City is responsible, through Chief Banner, to make sure that this company's employees are paid. Mr. Townsend stated that he would not like to judge this company, however, without contacting the owners for their comments. He stated that a number of complaints about this wrecker company have been received. He informed the Council that he will obtain a written response concerning this com- plaint and have a report for the Council next week. There being no further business to -come before the Council, on motion by Holt, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 5:50 p.m. May 10, 1978. r