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HomeMy WebLinkAboutMinutes City Council - 06/14/1978PRESENT: Mayor Pro Tem Bob Gulley Council Members: David Diaz Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 14, 1978 2:00 P.M. Assistant City Manager Archie N. Walker Assistant City Attorney Jimmy Bray City Secretary Bill G. Read Mayor Pro Tem Bob Gulley called the meeting to order in the Council Chamber of City Hall in the absence of Mayor Gabe Lozano, Sr. Dr. John C. Keenon, Interim Minister of South Shore Christian Church, gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Mayor Pro Tem Gulley announced that the following proclamations had been issued: "BLACK AWARENESS MONTH" - June, 1978; and "NAVY RELIEF FESTIVAL DAYS" - June 17-18, 1978. Motion by Holt that the minutes of the Regular Council Meeting of May 31, 1978 be approved as presented; seconded by Diaz; and passed unanimously. Motion by Juarez that Mayor Lozano and Council Member Ruth Gill, who are out of the City on business, be excused for just cause; seconded by Holt; and passed unanimously. Mayor Pro Tem Gulley announced the scheduled bid opening on the project listed below: Improvements to the Broadway Wastewater Treatment Plant. The project consists of the construction of a 100' diameter clarifier, sand filters, aerobic digester, sludge dewatering system, chlorinator and related site improvements. Four existing 160' diameter rock filters will be rehabilitated and 4 final effluent pumps will be replaced. Assistant City Manager Archie N. Walker requested that Mr. James K. Lantos, Director of Engineering and Physical Development, conduct the bid opening. Mr. Lontos explained that bids on this project were originally scheduled for receipt in February, but because of questions in regard to the proper wage rates, the bid opening date was postponed. He then opened bids from the following companies: Goolsby Building Corporation, Temple, Texas; Heldenfels Brothers, .;OFILMEDii �fi''p .1981) Minutes Regular Council Meeting June 14, 1978 Page 2 Corpus Christi; and W. T. Young Company, Corpus Christi. Mr. Lontos confirmed that all bidders had submitted the proper bid security checks and bonds and had acknow- ledged receipt of all addenda. Mayor Pro Tem Gulley stated that Goolsby Corporation is the apparent low bidder but that the bids will be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. He then thanked all of the bidders for their interest in City projects. * * * * * * * * Mayor Pro Tem Gulley announced the public hearing on the annexation of the following public property: (1) Saratoga Boulevard from Cabaniss Field to Greenwood Drive, (2) Nueces Bay Boulevard from Martin Luther King Drive (Interstate 37) to a line between Nueces and Dempsey Streets, (3) The portion of Corpus Christi Bay south of the ship channel near Aransas Pass and Port Aransas, and (4) The portion of Laguna Madre between the existing city limits and Padre Island south of the Padre Island Causeway and the City's wastewater treatment plant on Padre Island. Assistant City Manager Walker presented copies of a memorandum from City Manager R. Marvin Townsend to the Council which explained the reasons for the proposed annexation of public property. Mr. Ernest Briones, Director of Planning and Urban Development, located the four areas to be annexed and presented brief explanations of the four areas as' follows: (1) Mr. Briones stated that the State Department of Highways and Public Transportation had originally requested that this portion of Saratoga Boulevard be annexed; if annexed, the jurisdiction of the Corpus Christi Police Department and the State Highway Patrol would be clarified; maintenance of the roadway would be simplified; and the entirety of Saratoga from the Airport ditch at Greenwood to south of Staples would be within the city limits. (2) Mr. Briones explained that the annexation of the recommended portion of Nueces Bay Boulevard would simplify traffic control and other police activities and annexation would be timely due to current construction of new pavement, curb, r _Y • Minutes Regular Council Meeting June 14, 1978 Page 3 gutter and sidewalk. He also stated that annexation would eliminate the confusion as to which portion is within the city limits. (3) Mr. Briones informed the Council that this tract of Corpus Christi Bay was left out of prior annexations until Aransas Pass, Port Aransas and Ingleside resolved their differences regarding boundaries. He also pointed out that annexa- tion of this portion of the Bay would allow regulation of oil and gas activities in all of Corpus Christi Bay south of the ship channel according to the Bay Drill- ing Ordinance. (4) Mr. Briones stated that the sewer plant serving this area belongs to the City, and annexation of this portion of Laguna Madre will bring the plant and this portion into the city limits. Council Member Sample inquired if the staff had been approached about omitting a portion of the area listed in Item (3) from the annexation proposal as it relates to industrial use. Assistant City Manager Walker replied that he was not aware of any indus- trial use in this area and stated that all of this portion is water area. Mayor Pro Tem Gulley called for comments or questions from the audience in regard to the proposed annexation. Mr. James A. Walls, 4806 Odem Drive, requested information on how this annexation would benefit the taxpayer. Mayor Pro Tem Gulley replied that all of the property proposed for annexa- tion is public property, and no taxes will be realized at this time. Assistant City Manager Walker also stated that the proposed annexation will provide very little in additional taxes, but the Bay area should be annexed so that any drilling operations in that area will have to be performed in compliance with the City's Bay Drilling Ordinance. Mr. Walker also pointed out that annexation of the street portions will give the City better traffic control. No one else spoke in regard to this matter. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Diaz that the areas as described be annexed by the City, seconded by Juarez, and passed unanimously. Minutes Regular Council Meeting June 14, 1978 Page 4 Assistant City Manager Walker explained that the procedure to be followed provides for the ordinance effectuating this annexation to be presented for Council approval two weeks from today, which will be June 28, 1978. Mayor Pro Tem Gulley called for the City Manager's Reports. Psistant City Manager Walker presented the following items with related comments and explanation: a. Recommendation that the March 1, 1978.public hearing held on closing Shely Street between Churchill Drive and Fig Street be reopened at 2:00 p.m. during the Regular Council Meeting on June 28, 1978. This portion of Shely Street goes through HEB Park. Planned expansion of the HEB Tennis Center, for which a grant has been received,includes closing the street. The closing would decrease non -local traffic passing through the adjacent subdivision. Those who appeared at the March 1 hearing and those who signed the petition against the street closing will be notified of the reopened hearing. b. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on July 19, 1978 at City Hall to consider the proposed Budget for the year beginning August 1, 1978. c. Recomendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on July 19, 1978 on a transit grant application to the Urban Mass Transit Administration to purchase three replacement 47 passenger buses, additional radios and fare boxes, two sedans, two pickup trucks, a bus wrecker truck, six replacement vans for the elderly and handicapped, fifteen bus shelters, bus stop signs, a steam cleaner, and a spare bus engine with transmission. The estimated project cost is $608,300. The City's share is $42,581 and is available from the 1977 bond election. The last transit capital grant was submitted in April, 1976. d. Recommendation that the plans and specifications for sewer laterals in Tropic Isles Subdivision be approved and bids be received on July 12, 1978. The project includes extension of sanitary sewer laterals ranging in size from 8" to 10" in diameter in Mediterranean, Maui, Samoa, and Tahiti Drives and Laguna Shores Road. Property owners living and owning properties along the streets have requested the extensions. The project was included in the 1977 bond program. Assistant City Manager Walker explained that the plan for this project is to obtain unit prices for sewer laterals for all of the streets listed but to delete the laterals on Maui Drive, since only four property owners on this street have indi- cated an interest in obtaining the sewer laterals at this time. He stated that when further development occurs, the laterals can be constructed as a part of this project. e. Recommendation that bids be received at 10:00 a.m., Monday, July 3, 1978 for the sale of the following City -owned surplus properties: (1) Lots 27 and 28, Block 11, Steele Addition (2923 Morris Street). This lot is 50' x 120', contains a small two -room frame house in need of extensive repairs, and is zoned "A-2". The property was deeded to the City in 1958 in exchange for welfare assistance with the owner retaining a life estate. The property was leased for a few years after the owner's death. (2) Lot 42, Ebony Acres No. 1 (5700 block of Leopard Street). This vacant lot is 100' x 200' and is zoned "B-4". The City's 30" water main and an air relief valve are along the front of the property in a 10 foot easement. The property was acquired in 1943 for $750. Minutes Regular Council Meeting June 14, 1978 Page 5 f. Recommendation that bids be received at 11 a.m., Tuesday, July 11, 1978 for the following budgeted heavy equipment: g• (1) A replacement carrier -mounted hydraulic excavator, 40 hp tractor and self-propelled patching roller for the Street Division. (2) A replacement 55 hp tractor with loader and backhoe and 39 hp tractor with hydraulic side boom and dozer blade for the Gas Division. (3) A replacement 55 hp tractor with loader and backhoe for the Wastewater Services Division. (4) A replacement 50 hp tractor with loader for the Park Division. (5) An additional 50 hp tractor with loader and backhoe for the Water Division to allow the tapping crews to maintain the same level of service when one of the three crews is reassigned to reworking meters. Recommendation that bids be received at 11:00 A.M., Tuesday, July 11, 1978 for concession rights at the new Community Auditorium for two year period. The bidders will state the percentage of gross receipts they will pay to the City. h. Recommendation that the date for receipt of bids on the following annual supply contracts be changed as indicated: Commodity From To Auto & Flashlight Batteries 6-20-78 7,-11-78 Uniforms 6-22-78 7-11-78 Warehouse Supply Items 6-23-78 7-11-78 The dates need to be extended to allow time for revision of specifications. Specifications for automotive batteries are being revised to include maintenance -free batteries. New cars come equipped with maintenance -free batteries. Other batteries will not fit into the battery holders. Speci- fications for uniforms are being revised to allow bids from out of town companies as long as they have a contract with a local tailor for alterations. Previously, bidders had to have a local outlet and a stock of uniforms locally. Specifications for warehouse supply items are being revised to delete some items which have little use and to make separate lots out of certain items to allow for more competitive bidding. i. Recommendation that the date for receipt of bids for employee group life and health insurance be changed from 11 a.m., Tuesday, June 20, 1978 to 11 a.m., Monday, July 3, 1978. Two potential bidders have asked that the bid opening date be extended to give them sufficient time to prepare their bids. Recommendation that $46,056.02 be appropriated out of the proceeds of the sale of $11,000,000 of General Improvement Bonds on February 15, 1978 for reimburse- ment to the General Fund for the cost of selling the bonds: At the time of setting the date of the bond sale, $48,513 was appropriatedfrom the General Fund to be reimbursed later from the proceeds of the sale. The appropriation includes: Bond attorney fee Financial advisor fee Printing the official statement Printing the bonds Bond rating service fees $10,315.59 26,412.07 3,682.36 1,246.00 4,400.00 $46,056.02 The cost will be distributed against each bond fund according to its percent of the total sale. Minutes Regular Council Meeting June 14, 1978 Page 6 k. Recommendation that Arturo Vasquez and Company's proposal to audit the City's books and records for the fiscal year ending July 31, 1978 be accepted for fees not to exceed the following: City's books and records and compliance section for Junior Lien Bonds (Texas Water Development Board Report) $25,000 Firemen's Relief and Retirement Fund 1,500 $26,500 Fees for the last fiscal year were $22,081. 1. Recommendation that the 10' utility easement running through Lot 37R the 5' easement along the north property line of Lot 25R and the 5' easement along the south property line of Lot 27R, all in Block 14, Ocean Drive Cliffs be abandoned at the request of the abutting property owners. All affected departments concur. Mayor Pro Tem Gulley called for questions from the Council on the City Manager's Reports. Council Member Holt referred to Item "d", which concerned the Tropic Isles sewer laterals, and inquired if the contractors bidding on this project will under— stand that the sewer extensions on Maui Drive will not be constructed at this time. Assistant City Manager Walker assured him that the potential bidders will be advised of this. Mayor Pro Tem Gulley called for comments or questions from members of the audience on the City Manager's Reports. Mrs. Carol Karter, 3233 Bimini, President of the Flour Bluff Civic League, also referred to Item "d" and asked for an explanation as to why the extensions will not be installed on Maui Drive. Assistant City Manager Walker explained that there is a short section of Maui Drive on which there are very few residences; only four property owners indicated an interest in obtaining the extensions; and the cost to serve only four residents would be excessive. Mr. Walker stated that the City will probably work with the developer on a 50/50 basis to pay for the extensions. Mrs. Karter inquired if there is some way that the sewer lines could be laid at this time with the property owners participating in the cost. Assistant City Manager Walker reiterated that the staff is recommending that bids be received for the sewer extensions on Maui Drive with the lines to be Minutes Regular Council Meeting June 14, 1978 Page 7 laid later with participation by the property owners. He suggested that it might be possible to have the bidders submit bids with Maui Drive extensions as an alter- nate, and if funds are available, the bid award could include the sewer lines for this street also. Mrs. Karter noted that this is a short street; there are only four houses located on the street; and the owners are experiencing problems with septic tanks. Mr. Walker noted that very few of the property owners on this street responded to the staff survey in regard to the sewer extensions. No one else spoke in regard to the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" through "1", be accepted as presented; seconded by Diaz; and passed unanimously. * * * * * * * * Mayor Pro Tem Gulley called for the ordinances. Assistant City Manager Walker briefly explained the ordinances. In regard to the Ordinance listed as "b", which authorized the prohibition of parking on Kostoryz Road, Assistant City Manager Walker informed the Council that a letter had been received from Mrs. P. A. Walden, 3926 Panama, a teacher who belongs to the Corpus Christi Classroom Teachers Association, who indicated concern that park- ing will be prohibited in front of that organization's building which is located in the 5400 Block of Kostoryz Road. Mayor Pro Tem Gulley called for comments or questions from the Council on the ordinances. Council Member Diaz referred to Ordinance "b" and stated that he had driven out Kostoryz Road to the 5400 Block at approximately 5:30 p.m., and traffic was almost nil. He further stated that it was his understanding that the staff would have a recommendation prior to the third reading of the ordinance to possibly limit the parking prohibition to certain hours on each side of the street. • Assistant City Manager Walker explained that the street was improved with the intention of providing a center left -turn lane; if the median is so marked, it is very difficult to provide parking on one side of the street during one portion of the day and on the other side of the street for another period during the day. Minutes Regular Council Meeting June 14, 1978 Page 8 Mr. Walker pointed out that a potential traffic hazard would be created if the center left -turn lane is not properly marked so that it can be seen at night. Council Member Diaz again suggested that parking be prohibited on the east bound side of the street in the morning when most of the traffic is going into town and on the west bound side of the street in the evenings when traffic is going away from town. Assistant City Manager Walker emphasized that there are very few places along the street where parking is required; a survey was made to determine that; and this is the only objection that the City has had. He.31so pcint,d out that usually off-street parking is required for a building such as the Corpus Christi Classroom Teachers Association facility. Mr. Walker then stated that he would like to have Mr. Tom Stewart, Director of Traffic and Transit, come to the Council Chamber to comment on the matter under discussion. When Mr. Stewart arrived in the Council Chamber, Assistant City Manager Walker explained the matter that had been discussed and asked for his opinion in regard to the possibility of prohibiting parking on Kostoryz Road during specific hours on each side of the street. Mr. Stewart replied that this type of parking prohibition exists on some streets in the City; explained that Kostoryz Road was designed for four moving lanes of traffic with a center turning lane; but it would be possible to permit parking in one lane at different times of the day. Mayor Pro Tem Gulley inquired if the center turn lane could be utilized if parking is permitted in one lane, and Mr. Stewart stated that it could be but only one lane could be used for moving traffic rather than the two that now exist. Assistant City Manager Walker suggested that perhaps this could be done at this time and parking completely prohibited at a later date. Council Member Holt pointed out that the members of the Classroom Teachers Association would require the on -street parking between 3:30 and 5:00 p.m. on the side of the street on which their building is located and these are the hours of peak traffic flow for that side of the street. Assistant City Manager Walker stated that the problem really needs to be resolved by installing off-street parking facilities. Minutes Regular Council Meeting June 14, 1978 Page 9 Council Member Holt pointed out that Kostoryz Road had been improved to provide for easier flow of traffic, not to provide parking for certain people. Council Member Sample reminded the Council that the other point made at last week's meeting was that if parking is allowed temporarily, it would be dif- ficult to prohibit parking at a later date when people have become accustomed to parking on the street. Assistant City Manager Walker agreed with this statement. Council Member Juarez referred to an article in the newspaper which indi- cated that problems are created by allowing parking on main thoroughfares. Council Member Holt referred to the suggested made during last week's meeting that parking prohibition be considered on a block by block basis and expressed the opinion that this would create a dangerous situation as far as the flow of traffic is concerned. Council Member Diaz reiterated that he did not feel that the amount of traffic on Kostoryz warrants the parking prohibition at this time. Mayor Pro Tem Gulley called for comments from the audience on this matter. Mrs. Rita Potter, 4037 Pope, President of the Corpus Christi Classroom Teachers Association, stated that she represented 1,200 teachers. Mrs. Potter explained that their building is located at 5425 Kostoryz Road; representatives meet on a monthly basis; their parking lot is inadequate for their needs; vehi- cles were formerly parked on the shoulder of the road when their meetings were held; and the organization is not in a position at this time to provide off- street parking. Mrs. Potter continued by stating that she had met with Mr. Tom Stewart, and he had indicated that his department does not have any objection to a reason- able delay in prohibiting parking on this street. She stated that she realized that the Council must determine what is best for a majority of the citizens but pointed out that the traffic on this portion of Kostoryz is very light at this time; no new development is occurring on the street; and contended that there is no reason to prohibit on -street parking until traffic is increased. Council Member Holt inquired of Mrs. Potter if this ordinance is not approved at this time and on -street parking is allowed to continue, would her Minutes Regular Council Meeting June 14, 1978 Page 10 organization make an effort to prepare plans to provide off-street parking at this building. Mrs. Potter indicated that the Classroom Teachers Association would make an attempt to find a solution to their parking problem. She stated that during her discussion with Mr. Stewart, he had been very sympathetic in regard to their problem and she felt that some solution could be worked out. Council Member Holt inquired if Sokol Hall and Moravian Hall, which re located in the same vicinity, have adequate off-street parking. Mr. Stewart replied that they do and pointed out that before the street was improved, the parking on the street was rather dangerous because of the ditch that was there. Council Member Sample agreed that possibly the existing traffic on this street does not warrant the parking prohibition at this time but indicated that he would like to have some kind of time limit for allowing parking even during certain hours because eventually there will be a problem, and parking will have to be prohibited. He expressed the opinion that development is occurring and will increase, and he suggested that the staff and the Classroom Teachers Asso- ciation work together to solve the parking problem and further, that some kind of time limit be set. Council Member Holt suggested that the third reading of this ordinance be tabled in order to allow the Classroom Teachers Association to develop a solu- tion to their parking problem. Council Member Sample agreed to this suggestion. Motion by Holt that the third reading of ordinance prohibiting parking on Kostoryz Road be tabled for two weeks, seconded by Diaz, and passed unanimously. No one else spoke in regard to the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO DELETE REFERENCES TO PORTIONS OF SOUTH PADRE ISLAND DRIVE (S.H. 358) AND IN LIEU THEREOF ADDING PROVISIONS FOR SPEED LIMITS OF 50 MILES PER HOUR AT ALL TIMES FROM A POINT 2,353 FEET WEST OF THE NAVAL AIR STATION RAILROAD SPUR TO 250 FEET EAST OF CANDLEWOOD STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Gulley, Diaz, Holt, Juarez, Sample present and voting "Aye", Lozano and Gill, Absent. Minutes Regular Council Meeting June 14, 1978 Page 11 ORDINANCE NO. 14353: APPROPRIATING $46,056.02 OUT OF VARIOUS BOND FUNDS IN CONNECTION WITH THE SALE OF $11,000,000 GENERAL IMPROVEMENT BONDS, SERIES 1978, SOLD ON FEBRUARY 15, 1978, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Holt, Juarez, and Sample present and voting "Aye", Lozano and Gill, absent. ORDINANCE NO. 14354: CLOSING AND ABANDONING THE l0 -FOOT UTILITY EASEMENT RUNNING THROUGH LOT 37R, THE 5 -FOOT UTILITY EASEMENT ALONG THE NORTH PROPERTY LINE OF LOT 25R, AND THE 5 -FOOT UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF LOT -7R, ALL IN BLOCK 14, OCEAN DRIVE CLIFFS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Holt, Juarez, and Sample present and voting "Aye", Lozano and Gill, absent. Mayor Pro Tem Gulley called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Mike Zepeda, 4533 Townsend, Business Manager of the Corpus Christi Public Employees Local 3042 of the American Federation of State, County and Municipal Employees, AFL-CIO, stated that he was addressing the Council on behalf of 1,000 City employee -members of Local 3042. He requested that the City grant a 12 percent salary increase, pay for the employees' dependent medical and hos- pitalization insurance, and pay for safety boots, gloves, raincoats and vests for employees of the Waste Collection, Gas and Water Departments. Mr. Zepeda stated that he realized that the Union Local 3042 does not have collective bargaining rights such as the firefighters and police officers, but indicated that they do have collective "begging" rights. 'He alleged that Local 3042 has arrived at a point with the City Manager whereby union representatives of this local could begin presentations of employee -member grievances concerning wages, hours and conditions by July 4, 1978. He stated that the City Manager has not yet issued grievance procedure booklets to City employees, and the project has been handicapped because of this. There being no further comments from members of the audience, Mayor Pro Tem Gulley recessed the Regular Council Meeting at 3:15 p.m. * * * * * * * * Minutes Regular Council Meeting June 14, 1978 Page 12 Mayor Pro Tem Gulley reconvened the Regular Council Meeting at 3:30 p.m. and announced the public hearing on two zoning cases. Assistant City Manager Walker stated that he would like to comment on the presentation made by Mr. Mike Zepeda. Mr. Walker informed the Council that he had not responded to Mr. Zepeda's remarks because the City does not recognize the union as representing the City employees; Local 3042 has 1,000 City employees as members; and this is not a majority of the total number of employees. He reminded the Council that unions are prohibited by State law from collective bargaining for municipal employees, and the City is allowed to deal with the union only on grievance matters. Assistant City Manager Walker then referred to City Manager Townsend memorandum pre- sented to the Council several weeks ago in which he stated that he would recommend a cost -of -living increase for all City employees and consideration will be given to employees' insurance. Assistant City Manager Walker then requested Mr. Larry Wenger, Chief Planner in the Department of Planning and Urban Development, to present the zoning applica- tions. Chief Planner Wenger announced the public hearing on Application No. 578-6, Southview Corporation, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on all of Starcrest Place #1 and 40.91± acres out of a portion of the Partition of the J. C. Russell Farm Blocks 10 and 11, located on the east side of Navigation Boulevard approximately 1,200' south of State Highway 44. Mr. Wenger noted that both the Planning Commission and the Planning Staff recommend approval. He stated that in response to the notices of the public hear- ing, four in favor and one in opposition were returned. Chief Planner Wenger then 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 pointed out the area in which the proposed subdivision was located and stated that houses were never built, but the subdivision does have all services. Mayor Pro Tem Gulley inquired if anyone in the audience would like to speak in opposition to this application. Mr. Leon Loeb, 3845 Ocean Drive, spoke in opposition and stated that he is one of the owners of the tract immediately to the west of the Twin Palms Drive -In, and the other owners are Mr. William L. Bates and Corpus Christi National Bank Minutes Regular Council Meeting June 14, 1978 Page 13 represented by Mr. Robert Johnson of the Trust Department. Mr. Loeb stated that he is in favor of rezoning this tract to industrial, but he is disturbed that the staff has allowed this application to progress this far without additional requirements to bring the subdivision portion of the tract up to the standards required for industrial. He pointed out that the streets in this portion were designed for residential use, and he is concerned, not so much about the width of the streets, but about the thickness of the streets. He informed the Council that he had dis- cussed this matter with Mr. James K. Lontos, who agreed that a maintenance problem could be created on these streets if they are subjected to heavy industrial use. He also expressed concern that the City is not requiring the owners to comply with fire protection regulations. Mr. Loeb continued and stated that as an adjacent land owner, he is in a competitive position in real estate with the Southview Corporation and does not feel that it is fair for the City to waive requirements for one property owner. He indicated that approval of this zoning request would allow the construction of a substandard subdivision for industrial use. Mr. Loeb suggested that this appli- cation be tabled and sent back to the Planning Commission with a suggestion that this be worked out with the developers to see that the applicant's property is in compliance with City regulations for "I-2" zoning. Mayor Pro Tem Gulley commented that this appears to be some new opposition that was not presented before the Planning Commission. Speaking in favor of the application was Mr. George Gaines, President of Southview Corporation, who stated that they plan to purchase this land and go ahead with industrial development; the corporation has other development across Highway 44; they do not have a devious plan for the development; and that Mr. S. F. Crecelius, the owner of the property, had attempted to develop this portion of the tract as a residential area, but his plans did not work out. Mr. Gaines stated that he realized that there are some problems that may have to be worked out, but a good development is planned. He also commented that no opposition was expressed at the Planning Commission hearing when this application was recommended for appro- val. Mr. Sam Crecelius, 750 Meadowbrook, owner of the subject property, stated Minutes Regular Council Meeting June 14, 1978 Page 14 that the opposition should have presented their comments before the Planning Com- mission. He expressed the opinion that although Mr. Loeb is opposed to the change of zoning because of the depth of the streets in the subdivision, the City's Engineering Department is qualified to determine what kind of streets are neces- sary. Mr. Crecelius pointed out that the City recently determined that this entire area should be industrially zoned, and if this change is not approved, nothing can be developed on this property. He emphasized that more taxes would be generated if the tract is rezoned and developed. Mr. Crecelius also questioned why Mr. Loeb is objecting to this change of zoning at this time. Also speaking in favor of the change of zoning was Mr. Steve Roberts, broker with Vestland, Inc., 3858 South Alameda, who stated that his company has handled the sale of tracts of land contingent upon change of zoning, and in this case, they wanted to be sure that all opposition would be represented at the Planning Commis- sion hearing, but none was expressed at that hearing. Mayor Pro Tem Gulley called on Mr. Ben Donnell to comment on this zoning application. Mr. Donnell, representing the Planning Commission, informed the Council that the Commission was not aware that a portion of this tract contained streets that were inadequate for "I-2" zoning and the opposition did not present their views during the Planning Commission hearing. He stated that he had assumed that if the property was zoned "I-2", the property would have to be in compliance with "I-2" standards. He assured the Council that "I-2" zoning would be logical for this property. No one else spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Juarez, and passed unanimously. Council Member'Holt inquired if the Council could approve the zoning as recommended and require that all "I-2" standards be met. Mr. Wenger replied that if "1-2" zoning is approved, no stipulations can be made in regard to the zoning. Assistant City Manager Walker expressed the opinion that possibly the appropriate action would be to table the zoning case and request that the property be replatted and require that the conditions for "I-2" zoning be met, after which, the change of zoning could be approved. Minutes Regular Council Meeting June 14, 1978 Page 15 Mayor Pro Tem Gulley expressed the opinion that at this time the Council should consider whether or not the property should be zoned "I-2" and either approve the change of zoning or deny it. He suggested that if there is a question of com- pliance, this should be worked by the staff and the owners. Council Member Holt asked if the staff could refuse building permits until the subdivision is brought up to "I-2" standards. Assistant City Manager Walker explained that the subdivision is a platted subdivision, which means that if it is rezoned, there is no way the City can require anything further in the subdivision. Assistant City Manager Walker continued by stating that the Council could grant the "I-2" zoning on the undeveloped portion of the tract and table the matter on the developed portion of the tract until the problems are worked out. Motion by Holt that the zoning on the undeveloped portion of the tract of land in Application No. 578-6 be changed from "R -1B" to "I-2" and that the request on the developed portion of the tract be tabled for three months; seconded by Juarez; and passed unanimously. Mayor Pro Tem Gulley announced the public hearing on Application No. 578-7, Mr. Roy Lay, Jr., for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Tract A and to "R-2" Multiple Dwelling District on Tract B. Tract A consists of 4.913± acres, being Lots 1-14, Block 1; Lots 1-16, Block 8; and Lots 1-4, Block 9, Shelter Bay Resort Estates, and is located between Quetzal Street and the Naval Air Station railroad spur south of the Naval Air Sta- tion. Tract B consists of 8.738± acres being Lots 1-40, Block 3, Shelter Bay Resort Estates and is located between the Cayo del Oso and Oriole Street. Chief Planner Wenger stated that the Planning Commission recommends denial of "A-2" on Tract A, but in lieu thereof, grant "A-1", and approval of "R-2" zoning on Tract B. He stated that the Planning Staff recommends denial of "A-2" on Tract A, but in lieu thereof grant "R-2" on the basis that this zoning would provide an ade- quate buffer between the residences and the mobile home subdivision. He also stated that the Planning Staff recommends denial on Tract B because of lack of access to this tract, and the staff is of the opinion that residents in the interior of the subdivi- sion should have a view of the Oso and this could be accomplished more easily with Minutes Regular Council Meeting June 14, 1978 Page 16 single-family homes. Mr. 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 pointed out that if Tract B is zoned "R-2" as requested, the density would be increased, and the only access would be through the single-family dwelling subdivision. Chief Planner Wenger informed the Council that the Navy had sent a letter of opposition to this requested change of zoning. He stated that according to the Tracor Study, single-family dwellings would be acceptable in this area, but that the Navy has just completed a new study of the area to determine the patterns of development near the Naval Air Station, and according to the new study, the subject area is located in a potential crash zone. Mr. Wenger further explained that accord- ing to the new study, any development of density greater than one unit per acre would be unacceptable to the Navy. Assistant City Manager Walker emphasized that since the Navy has written a letter of opposition, there is a need for the Council to consider this. Mayor Pro Tem Gulley called for those who wished to speak in opposition, and there was no response. Speaking on behalf of the applicant was Mr. Charles Cartwright, Attorney, Guaranty Bank Plaza. He referred to this area as the gateway to Padre Island and stated that it is now an "eyesore" to the area. Mr. Cartwright informed the Council that a total coordinated design for the entire subdivision is proposed by 14 deve- lopers with homes in the $40,000 to $50,000 price range and a proposal for condomin- iums and apartments. Mr. Cartwright explained that the entire subdivision will be totally buffered, pointing out that the apartments proposed for Tract A will serve as a buffer along the easterly edge of this subdivision from the railroad track. He stated that the Oso abuts the western portion where condominiums are proposed on Tract B. Mr. Cartwright informed the Council that the developers would be glad to accept the "A-1" zoning on Tract A as recommended by the Planning Commission. He pointed out that erosion is occurring on the bluff of the Oso and expressed the opinion that owners of the planned apartment houses would have more interest in maintaining the bluff and preventing erosion than owners of single-family dwellings. Minutes Regular Council Meeting June 14, 1978 Page 17 Mr. Cartwright referred to the Navy's AICUZ study and stated that the Plan- ning Commission did not have this available at the time of the hearing. He stated that since that time, he had obtained information from the study and displayed a map of the area showing the runways at the Naval Air Station. Mr. Cartwright located the main runways in use and pointed out that the only runway in a direct line with the subject tract is seldom used and furthermore, according to the study, future plans indicate that this particular runway will eventually be closed. In rebuttal to the Staff's objections to the requested zoning, Mr. Cartwright contended that the view of the Oso by residents of the subdivision will not be impaired by the planned development, because the planned units will only be two- story structures, which would be similar to a two-story single-family dwelling. In regard to the access problem, Mr. Cartwright informed the Council that there is a 60 -foot wide street that meets the City's requirements for "A-2" density. Also speaking in favor of the change of zoning was Mr. J. W. Gary, 4933 Cherry Hills, who expressed approval of such a good project as planned. He stated that he did not feel that there is very much hazard in relation to the tract as far as a possible airplane crash, pointing out that such an event is very unlikely. Mr. Buddy Seid, one of the developers of the tract, spoke in favor of the application. He mentioned that apartment house owners would maintain the bluff on the Oso, and the planned development would be aesthetically pleasing. Mr. Seid pointed out that "R-2" zoning allows 14 units per acre; "A-1" allows 21 units per acre; and since only 41 acres are involved, the difference in the number of units would be minimal. The next person speaking in favor of the application was Mr. Joe Meyers, Realtor, who represents 12 of the 14 developers. He pointed out that they plan to build more expensive homes, and the entire area would be greatly improved. Another developer speaking in favor of the change of zoning was Mr. Jack Ryan, one of the co-owners of the Candystick Corporation. Mr. Ryan reminded the Council that no opposition has been expressed by property owners in the area; expressed the opinion that the development will be an asset to the City and that people will desire to live there. Minutes Regular Council Meeting June 14, 1978 Page 18 Speaking in opposition to the application was Ms, Debra Lee McReynolds, 901 Flour Bluff Drive, who stated that she resides at the entrance to the subdivi- sion. Ms. McReynolds stated that the drainage on her property is inadequate and expressed concern that the construction of 300 houses between the property where she lives and the Oso would further aggravate the drainage problem. Mayor Pro Tem Gulley pointed out that storm sewers are already in existence in the subject tract. Mr. Ben Donnell of the Planning Commission stated that the Planning Com- mission had felt that the higher density of "A-2" zoning would not be good for the subdivision but the "A-1" zoning would not be objectionable. He stated that the only opposition to the request was stated in the letter from the Navy.; Mr. Cartwright asked to speak again in regard to the statement of Ms. McReynolds. He pointed out that between the property occupied by her and the sub- ject property is a 6 -foot ditch and a railroad track. He stated that he had been informed by Mr. Ryan that with the recent 8 -inch rain in the area, the drainage seemed to be satisfactory. 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 zoning on Tract A be changed to "A-1" and the zoning on Tract B be changed to "R-2"; seconded by Diaz; and passed unanimously. City Secretary Read noted that he had the ordinances on the zoning cases before him, stating that the ordinance on the Southview Corporation has been changed to correctly reflect the zoning recommended by the Council. He polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14355: 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 ROY LAY, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A, LOTS 1 THRU 14, BLOCK 1; LOTS 1 THRU 16, BLOCK 8; AND LOTS 1 THRU 4, BLOCK 9, SHELTER BAY RESORT ESTATES, AND ON TRACT B, BEING LOTS 1 THRU 40, BLOCK 3, SHELTER BAY RESORT ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELL- ING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT ON TRACT A AND TO "R-2" MULTIPLE DWELLING DISTRICT ON TRACT B; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXIST- ING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 14, 1978 Page 19 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Lozano and Gill, absent. ORDINANCE NO. 14356: 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 SOUTHVIEW CORPORATION, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF THE PARTITION OF J.C. RUSSELL FARM BLOCK 10 AND 11, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING AIL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Lozano and Gill, absent. Noting that it had been some time since petitions or information not on the agenda from members of the audience had been heard, Mayor Pro Tem Gulley invited others to speak at this time. Mr. Henry Martinez, 2117 Carolyn Drive, stated that he was speaking on behalf of the residents of Cabaniss Acres, Los Encinos, and Three Fountains subdi- visions, and complained about the poor drainage and inferior lighting in the area. He also mentioned that approximately six months ago, a petition for street improve- ments was presented to the City, and they have had no response. He stated that street lights were needed at the intersections of Joyce and Ayers Streets and in the middle of the block on Joyce and Carolyn Drive. Mr. Martinez further requested that bus shelters be installed in the area for students who ride school buses. Mayor Pro Tem Gulley informed Mr. Martinez that the installation of bus shelters for this purpose would be the responsibility of the school district, not the City. Mr. Martinez then invited the Council to attend a community meeting to be held on Monday, June 19, 1978, at 7:00 p.m. at Maria Madre de la Iglesia Mission. Assistant City Manager Walker assured Mr. Martinez that the drainage and street light problems in that area will be investigated. * * * * * * * * Assistant City Manager Walker explained that City Manager Townsend is on a trip with the Industrial Commission; he will return to the City on Friday; and if the Council is agreeable, City Manager Townsend, Assistant City Manager Walker, and Mr. Ernest Briones will attend the Texas City Managers Association Conference Minutes Regular Council Meeting June 14, 1978 Page 20 in Arlington, Texas on Monday and Tuesday, June 19 and 20. He informed the Council that Mr. James K. Lontos will be acting City Manager on those days. The Council indicated their agreement. There being no further business to come before the Council, on motion by Sample, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 5:04 p.m. June 14, 1978.