HomeMy WebLinkAboutMinutes City Council - 08/30/1978MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING'
AUGUST 30, 1978
2:00 P.M.
PRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
*David Diaz City Manager R. Marvin Townsend
Ruth Gill City Attorney J. Bruce Aycock
Joe Holt City Secretary Bill G. Read
Tony Juarez, Jr.
Edward L. Sample
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers
of City Hall.
The invocation was given by the Reverend Hudson Biggio, Associate Minister
for the First Christian Church.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally constituted
meeting.
Mayor Lozano then recognized Colonel Floyd H. Buch, who introduced Mr.
Kikuo Yoshida, Consul General of Japan in Houston, Texas; Captain Tomio Uchi,
Chief of Staff, Captain Tetsuo Hashimoto, Commanding Officer, and other officers
of the Japanese training ship "Katori"; Mr. Harry Plomarity, Chairman of the
Sister City Committee, and Mr. Jimmy Goldston.
Colonel Buch stated that the gentlemen were in the United States on a
training mission from Yokosuka, Japan, and were brought to Corpus Christi from
Houston to greet the citizens of this City as representatives from our Sister
City of Yokosuka.
Captain Uchi addressed the Council and delivered a message to Mayor
Lozano from the Mayor of Yokosuka. He expressed appreciation to Mayor Lozano
for the welcome they had received from the people of Corpus Christi.
Mayor Lozano responded by stating that the Council was honored by their
visit and expressed appreciation for the gift which had been presented to him.
Mayor Lozano announced that a proclamation had been issued declaring
September 3 and 4, 1978 as "JERRY LEWIS MUSCULAR DYSTROPHY TELETHON WEEKEND."
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Minutes
Regular Council Meeting
August 30, 1978
Page 2
Motion by Juarez that the minutes of the Regular and Special Council Meet-
ings of August 9, 1978 be approved as presented; seconded by Sample; and passed
unanimously.
Mayor Lozano called for appointments to Boards and Committees.
City Manager R. Marvin Townsend noted that because of the resignation of
Mrs. Pat Ring, Director of Human Relations, there was a need to appoint an alter-
nate for Council Member Sample on the Nueces County Community Action Agency Board and
suggested that Mr. Rudy Gonzalez, Administrative Assistant, be appointed to serve
on a temporary basis.
Motion by Sample that Mr. Rudy Gonzalez be appointed as his alternate on
the Community Action Agency Board, seconded by Juarez, and passed unanimously.
Council Member Holt nominated Mr. Norman Maryan as his representative on
the Ad Hoc Committee for the Multi -Cultural Center.
Mayor Pro Tem Gulley nominated Mrs. S. D. Kosewick as his representative
on the same committee.
* * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items and recommended that:
a. A public hearing be held at 3:30 p.m. during the Regular Council Meeting
on September 27, 1978 on the following zoning applications:
(1) Loyal Order of Moose Lodge No. 734: "R -1B" to "B-4", located on
the south side of South Padre Island Drive approximately 300 feet west
of Paul Jones Avenue.
(2) Southwestern Refining Company, Inc.: "R-2" to "B-1", located on
the north side of Ebony Street, extending on both sides of Baymoor
Boulevard.
(3)
Mr. Al Jamon: Exception to Screening Fence Requirement, located on
the northwest corner of Waldron and Glenoak Roads.
(4) Seaview Medical Enterprises, Inc.: "R -1B" & Special Permit to "AB",
located on the southeast side of 4600 Block of Weber Road, between
Barnes and Bradford.
b. A public hearing be held at 3:30 p.m. during Regular Council Meeting
on October 4, 1978 on the following zoning applications:
(1) Mr. Winston E. Cooper: "A-1" to "B-4", located on the northwest
corner of Waldron Road and Castle Park Drive.
(2) City of Corpus Christi: "B-1", "A-1" & "R-2" to "R -1B", located
between Castle Park Drive and Purdue Road on both sides of Lombardy
Drive.
(3)
Automated Services, Inc.: "A-1" and "A-2" to "R -1B", located
between Williams and Hardwick Drives, approximately 200 feet east
of Daly Drive.
h_ _es
Regular Council Meeting
August 30, 1978
Page 3
c. Bids be received at 11:00 A.M., Tuesday, September 19, 1978 for eight
replacement 27,500 GVW Cab & Chassis, CA 138" and 20 cubic yard rear
load packer bodies for the Sanitation Division for garbage collection.
d. A change order for $13,020 be approved to the Horne Road Sanitary Sewer
improvement contract for the following:
(1) Overlay a portion of Horne Road from Ayers Street to approximately
400 feet east with hot mix asphalt including the Horne -Ayers
intersection.
(2) Reimburse the contractor for relaying a 12" sanitary sewer line near
the intersection of Horne Raod and Greengrove. The line was so
close to the primary excavation that it had to be moved.
No appropriation is necessary. This project is funded by a grant from
the Economic Development Administration.
e. Trinity Engineering Testing Corporation be engaged for. $1,888 to perform
field investigations and laboratory testing services for the design of the
McArdle Road Main Lining, Nile Drive to Carroll Lane. This is a 1977
Bond Election project.
f. The utility easements between Lots 28 and 29 and Lots 29 and 30, Block 1,
Koolside Addition, located near the northwest corner of McArdle Road and
Airline be abandoned. The area is being replatted and the property owners
have agreed to construct an 8" water line in Dorothy Street to replace
the existing water line in the easement. All affected departments concur.
Productivity program for maintenance service mechanics be revised to
change the base of 100% production period (4 weeks) from 160 hours to
144 to recognize delays due to part deliveries, other delays beyond
the control of the mechanic and break periods and to continue the program
beyond August 1, 1978. Last year, the productivity incentive program
was established to pay mechanics an additional 5% of their monthly pay
if their production is 10% over standard and 10% of their monthly pay if
production is 25% over standard. Chilton's Flat Rate Manual is used to
establish standard production.
h. $715 be appropriated for appraisal services by Mr. John A. Erickson for
a utility easement and a lift station site and construction easement for
contract #3 for the Oso trunk main project from the Wooldridge Road lift
station to the Everhart Road lift station. Use of an independent real estate
appraiser is required by Federal acquisition procedures. The properties
are located at the northeast corner of Everhart and Saratoga Boulevard
and near the southeast corner of S. Staples and Saratoga Boulevard. The
property to be acquired is vacant.
i. A five year contract be awarded to Mr. GABE HERNANDEZ, 614 Lansdown,
Corpus Christi for the Peoples Street "T" Head Food and Drink Concession
for 28% of gross salas. Estimated annual income is $3,800. Four bids
were received. The previous contract was for 27% of gross sales. Mr.
Hernandez has 20 years of concession experience and currently operates
the Cuddihy Raceway concession.
g•
Minutes
Regular Council Meeting
August 30, 1978
Page 4
3•
A contract be approved with the Texas Department of Highways and Public
Transportation accepting a grant of $86,098 to continue the City's
management of the Metropolitan Planning Organization. The grant represents
funding of Planning and Traffic Engineering staff for 9.4 months beginning
September 1, 1978. The Department of Highways and Public Transportation
has indicated that additional funding will be available for the remainder
of the year. The staff includes a Senior City Planner, Planning Technician,
half the time of a Senior Clerk -Typist, 3 interns for 6 months, half the
tine of an Engineer II and one Engineer -Aide. Scheduled transportation
planning activities include analysis of congested corridors intersecting
Padre Island Drive, evaluation of existing transit routes and reevaluation
of circulation systems in residential neighborhoods.
k. The City enter into a collective bargaining contract with the
Corpus Christi Police Officers Association for fiscal year 1978-79.
The proposed contract was ratified by the association on Monday,
August 28, 1978 by a vote of 130 to 85. Amendments to the previous
contract are as follows:
(1)
(2)
7% average cost -of -living increase. A 6% increase for the
first 6 months of the fiscal year and a 2% additional increase
over current salary levels effective February 1, 1979.
Group life and health insurance:
(a) The City will pay the employee portion of the 15%.
increase in monthly premiums.
(b) Allow employees who retire and who are not eligible for
medicare to participate in the group health insurance
program at the employee's own cost until he or she is
either eligible for medicare or reaches age 65.
(3) Clothing allowance:
(a) The City will pay for 100% of the replacement cost for
worn uniforms.
(b) Clothing allowance for officers required to wear civilian
clothes increases from $225 per year to $300 per year.
(c) A clothing maintenance fee of $15 per month to each
officer as reimbursement for uniform cleaning and maintenance
fees.
(4) Provision for a pool of 9 work days to be available during the term
of the contract for time off with pay for association delegates
to attend state or national conventions held in connection with
association activities not to exceed 9 regular working days regard-
less of the number of delegates elected to attend such function.
(5) Clarification of conditions under which disability retirement may
be granted.
(6) Improvement of entrance examination procedures.
(7) Clarification of posting requirements for promotional examination
study material.
(8) Improvement in arbitration rules of procedure.
(9) Placement of the captain classification within the regular City
salary schedule in order to recognize merit and outstanding
performance when applicable.
J
Minutes
Regular Council Meeting
August 30, 1978
Page 5
1.
An application be submitted to the Federal AviatLon Administration
for $1,794,551 of which 10% would be local funds. This 90/10 project
will include the following improvements at the International Airport.
(a) Construction of a second parallel access road with lighting
and landscaping.
(b) Strengthen existing entrance road and terminal loop road.
(c) Provide five new security gates and other security improvements.
(d) Strengthen existing commercial ramp.
(e) Extend two general aviation ramps.
(f) Construct a fuel storage area turnaround.
The application must be submitted to FAA by August 31, 1978 to be
eligible for 90/10 grant aid. Grant aid submission after this date
will be based on 80/20 participation. The local share was provided
in the 1977 bond election.
Council Member Diaz inquired if the submission of this application will
delay the construction of the new entrance road to the Airport. City Manager
Townsend assured him that the plans for the improvements are being prepared at
this time and this item is to obtain Council approval to submit an application
for funds from the Federal Aviation Administration.
m. Alternative wording be approved for the contract with the Texas Parks and
Wildlife Commission to assure that water service will be provided to
Mustang Island State Park in the manner and under the same conditions as
water service to other outside City water customers.
Mayor Lozano called for comments from the Council on the City Manager's
Reports.
Council Member Holt referred to Item "1" and inquired as to whether or
not it has been determined that the City should pay for the fifth security gate
and the second general aviation ramp, both of which pertain to Gault Aviation.
City Manager Townsend explained that this item is just to obtain funding
for the improvements, and it will be determined later who will pay for the secu-
rity gates. He stated that a recommendation in regard to the security gates
will be presented to the Council at the time the contract for construction is
to be awarded. Mr. Townsend further stated that FAA is not concerned with the
fifth security gate, as long as there is no opening to the Airport at that location.
Minutes
Regular Council Meeting
August 30, 1978
Page 6
There were no further comments from the Council or the audience on the
City Manager's Reports.
Motion by Diaz that the City Manager's Reports, Items "a" through "m," be
approved; seconded by Sample; and passed unanimously.
City Manager Townsend informed the Council that the following emergency
discussion item had been added to the agenda:
Discussion of the City paying not more than $5,000 for the recon-
struction of the curb and gutter, sidewalks and driveways around
the downtown block bounded by Lawrence Street, Mesquite Street,
Schatzell Street and Lower Broadway in conjunction with the con-
struction of drive-in banking facilities at this location.
Mr. Townsend explained that this item does not require any official
Council action, but he would like to have their concurrence on this matter to
assure that the City's Tax Division will have 94 parking spaces at the intersec-
tion of Mesquite and Schatzell Streets, and it is recommended that the City
participate in the improvements in this area in an amount not to exceed $5,000.
City Manager Townsend stated that there will be no actual obligation on the part
of the City until a contract is actually awarded by the bank, and if Council
approves, this will be included in the overall project. Council Members indi-
cated their concurrence with this participation in the project.
* * * * * * * *
Mayor Lozano requested that the ordinances be considered at this time.
City Manager Townsend briefly explained the ordinances.
Mayor Lozano invited comments or questions from the Council on the
ordinances.
Council Member Gill referred to the ordinance concerning the extension
of the contract with the Metropolitan Planning Organization and expressed the
opinion that the Council should be provided with copies of the plan some time
before they are asked to approve it. She suggested that the next time the
Council is asked to approve an amendment to this agreement, that they be provided
with copies of the plan and given a full staff explanation of it prior to approval.
City Manager Townsend stated that the transportation plan is updated
annually. He explained that the plan includes all master transportation planning
r~ _ces
Regular Council Meeting
August 30, 1978
Page 7
including the Airport, and the street plan is usually approved through the recom-
mendations presented to the Council at various times during the year. Mr. Townsend
agreed with Mrs. Gill that further consideration could be given to the growth areas
as far as street development is concerned and that this could be discussed at
length with the Council within the next few months.
Council Member Holt referred to the third reading of the ordinance adopt-
ing City Transit fare increases and inquired if the staff is making any effort to
determine just which citizens are qualified for the van service designed for the
elderly and the handicapped.
City Manager Townsend stated that the ordinances before the Council today
do not involve the van service. He explained that the staff is preparing guide-
lines for the operation of the van service which will be presented to the Council
for approval as soon as the report is ready.
Mayor Pro Tem Gulley referred to the ordinance prohibiting smoking in the
Council Chambers and read an excerpt from the "Federal Employees News Guide" in
which the Surgeon General was quoted as recommending against a ban on smoking by
Federal employees.
Mayor Lozano called for comments from the audience on the ordinances.
Mr. Chesley L. Redus, 4734 Archer Street, addressed the Council and stated
that he retired in Corpus Christi in 1966. He stated that he had attended several
City Council meetings and determined that,apparently, the Council was unaware that
there is a tax revolt in the City. Mr. Redus alleged that the Council did not seem
to be familiar with the budget and how costs could be decreased, but instead, had
approved increases of fees for various services. He informed the Council that the
valuation on his property had been greatly increased and that it was very diffi-
cult for senior citizens and people on fixed incomes to pay such high taxes. Mr.
Redus stated that Mayor Pro Tem Gulley was the only Council Member who was concerned
with reducing taxes. He also pointed out that the citizens of Corpus Christi had
no idea how their tax money was spent and he felt that this information should be
made available to the general public.
Council Member Gill suggested that a financial statement be made available
for Mr. Redus.
Minutes
Regular Council Meeting
August 30, 1978
Page 8
City Manager Townsend informed Mr. Redus that a member of the staff will
be glad to review the method of the budget preparation and provide an explanation
for him.
Mr. Redus continued by stating that according to reports in the newspaper,
the Council had recommended that the budget be limited, but instead, the staff had
recommended that various fees be increased rather than actually eliminating unnec-
essary items from the budget. He also suggested that a financial statement be
published in the newspaper so that the citizens of Corpus Christi will be aware
of how their tax dollars are spent.
Mayor Pro Tem Gulley agreed that this should be done, but the Council has
no authority to instruct a newspaper to print any particular item.
Speaking on the ordinance prohibiting smoking in the Council Chambers was
Mr. Philip Rosenstein, 949 Bobalo Street, who presented the Council with copies of
a report from the Texas State Department of Health, from which he read excerpts in
regard to the hazards of smoking.
No one else spoke in regard to the ordinances; City Secretary Read polled
the Council for their votes; and the following ordinances were approved:
FIRST READING:
AUPHOFIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH MR.
GABE HERNANDEZ FOR CONCESSION PRIVILEGES AT THE CONCESSION BUILDING AT THE PEOPLES
STREET T -HEAD, SAID AGREEMENT TO BE FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY
SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND
MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second
reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and
Sample voting "Aye".
SECOND READING:
FINDING THAT THE MEXICAN FIESTA CELEBRATION BY OUR LADY OF THE PILLAR CATHOLIC
CHURCH, ON NOVEMBER 5, 1978, IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING
THE 4200 BLOCK OF WEST THERESA AND THE 4200 BLOCK OF EAST THERESA, FROM BLOOMINGTON
TO LOLITA STREET, TO VEHICULAR TRAFFIC FROM 9:00 A.M. TO 9:00 P.M., ON SUNDAY,
NOVEMBER 5, 1978, FOR SAID FESTIVITIES SPONSORED BY OUR LADY OF THE PILLAR CATHOLIC
CHURCH; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR
RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING AND PHYSICAL
DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD,
COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR MARKINGS ON STREETS AND
TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE FOR
VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION
PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION; PROVIDING FOR
SEVERANCE.
The foregoing ordinance was read for the second time and passed to its third and
final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez,
and Sample voting "Aye".
t� utes
Regular Council Meeting
August 30, 1978
Page 9
THIRD READING - ORDINANCE NO. 14475:
FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTAN-
TIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE COMPARABLE WITH
TARIFFS ESTABLISHED BY TRE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED
CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS AMENDED BY
ORDINANCE NOS. 10853, 11794, 12366, 13182, AND 13729, TO BE COMPARABLE WITH SAID
TEXAS RAILROAD COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
THIRD READING - ORDINANCE NO. 14476:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 55-5, CITY TRANSIT SYSTEM -- FARES, BY AMENDING PARAGRAPH (A),
SUBPARAGRAPHS (1), (2), (3), (5), (6) AND (7), AND BY ADDING SUBPARAGRAPHS (8) AND
(9) SO AS TO ESTABLISH NEW FARE RATES, AND BY AMENDING PARAGRAPH (D) TO AMEND THE
ZONE DESCRIPTIONS; PROVIDING FOR SEVERABILITY; PROVIDING POR PUBLICATION; PROVIDING
FOR AN EFFECTIVE DATE.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
THIRD READING: - ORDINANCE NO. 14477:
PROHIBITING SMOKING IN THE CITY COUNCIL CHAMBERS OF THE CITY OF CORPUS CHRISTI, TEXAS.
The foregoing ordinance was read for the third time and passed finally by the
following vote: Lozano, Diaz, Gill, Juarez, and Sample voting "Aye"; Gulley, "Nay";
Holt, "Abstaining".
ORDINANCE NO. 14478:
APPROPRIATING $1,888 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, PROJECT NO. 250-77-7,
MC ARDLE ROAD MAIN LINING, NILE DRIVE TO CARROLL LANE FOR FIELD INVESTIGATION AND
LABORATORY TESTING SERVICES REQUIRED FOR DESIGN OF THE SLIP LINING FOR THE MC ARDLE
ROAD SANITARY SEWER LINE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14479:
CLOSING AND ABANDONING ALL OF THE UTILITY EASEMENTS LOCATED BETWEEN LOTS 28 AND 29
AND 30, BLOCK 1, KOOLSIDE ADDITION, RECORDED IN VOLUME 13, PAGES 32 AND 33, MAP
RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO REPLATTING AND CONSTRUCTION BY THE
PROPERTY OWNERS OF AN 8" WATER LINE IN DORTHY STREET; PROVIDING FOR SEVERABILITY;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14480:
AMENDING THE COMPENSATION PLAN AS ADOPTED BY ORDINANCE NO. 8127 AND AMENDED BY
ORDINANCE NO. 13888 BY CHANGING SUBSECTION 703, PRODUCTIVITY PROGRAM, TO SHOW
ESTABLISHMENT OF THE PROGRAM AS OF JULY 31, 1978, AND FIXING 144 HOURS AS BASIS
OF CALCULATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
Minutes
Regular Council Meeting
August 30, 1978
Page 10
ORDINANCE NO. 14481:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN A. ERICKSON FOR
APPRAISAL SERVICES OF 2 PARCELS (1 UTILITY EASEMENT AND 1 FEE SIMPLE ACQUISITION
AND CONSTRUCTION EASEMENT) IN CONNECTION WITH THE OSO WASTEWATER TREATMENT
IMPROVEMENT PROJECT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
APPROPRIATING $715 FOR SAID SERVICES OUT OF THE NO. 250 SANITARY SEWER BOND FUND,
PROJECT 250-61-25.5; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14482:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT WITH THE
STATE OF TEXAS, ACTING THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANS-
PORTATION, TO EXTEND THE CONTRACT APPROVED SEPTEMBER 2, 1975 FOR THE ADMINISTRATION
OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, ALLOCATED TO THE CITY ACTING
AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY SET OUT IN SAID AGREEMENT
AND CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A",
AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14483:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE
OFFICERS' ASSOCIATION, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, THE TERMS,
CONDITIONS AND PURPOSES BEING MORE FULLY SET FORTH IN THE SAID 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 approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14484:
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE FEDERAL AVIATION
ADMINISTRATION FOR CORPUS CHRISTI INTERNATIONAL AIRPORT IMPROVEMENTS IN THE
AMOUNT OF $1,794,551, 10% OF WHICH WOULD BE FUNDED WITH LOCAL FUNDS FOR a)
CONSTRUCTING A SECOND PARALLEL ACCESS ROAD WITH LIGHTING AND LANDSCAPING, b)
STRENGTHENING EXISTING ENTRANCE ROAD AND TERMINAL LOOP ROAD, c) PROVIDING FIVE
NEW SECURITY GATES AND OTHER SECURITY IMPROVEMENTS, d) STRENGTHENING EXISTING
COMMERCIAL RAMP, e) EXTENDING TWO GENERAL AVIATION RAMPS, f) CONSTRUCTING A
FUEL STORAGE AREA TURNAROUND, WITH THE LOCAL SHARE FUNDS TO BE PROVIDED FROM
THE 1977 BOND ELECTION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
RELATED AND NECESSARY DOCUMENTS TO IMPLEMENT THE GRANT WHEN APPROVED; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye".
ORDINANCE NO. 14485:
AMENDING ORDINANCE NO. 14330, MAY 24, 1978, SO AS TO AUTHORIZE THE CITY MANAGER
TO EXECUTE AN ALTERNATIVE FORM OF AGREEMENT IN ADDITION TO THE AGREEMENT PREVIOUSLY
AUTHORIZED WITH THE PARKS AND WILDLIFE DEPARTMENT FOR THE SALE OF UP TO 1,600,000
GALLONS OF TREATED WATER PER MONTH TO THE MUSTANG ISLAND STATE PARK, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.,
Minutes
Regular Council Meeting
August 30, 1978
Page 11
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye."
* * * * * * * *
Mayor Lozano called for petitions or information from the audience on matters
not scheduled on the agenda.
Mr. Philip Parry, 4600 Ocean Drive, No. 303, expressed his disappointment
with the improvements made to Corpus Christi Beach where river sand had been placed
and vehicles could no longer be driven to the water. Mr. Parry informed the Council
that he had formerly been able to take his elderly mother, who is confined to a
wheelchair, to the water's edge at Corpus Christi Beach, but that he could no longer
do so since the river sand was placed there. He pointed out that there are no ramps
anywhere in the area to provide access to the beach for the handicapped.
Discussion followed on this matter, and City Manager Townsend assured Mr.
Parry that the City staff will study this problem in an attempt to provide access
to the water for citizens in wheelchairs, indicating that Cole Park seemed to be
the most feasible area for such access.
Mr. Charles Nichols, 1547 Lea Lane, referred to the resignation of Mrs.
Pat Ring, Director of the Human Relations Department, and suggested that this
department be eliminated. He stated that he had served on the Human Relations
Commission and was familiar with the department. Mr. Nichols stated that he felt
that quite a savings could be realized if Mrs. King's position is eliminated from
the budget; the other employees in the department absorbed into other departments
of the City; and contended that there is no need to retain the department in view
of the amount of work accomplished. He suggested that the voluntary board continue
to function to hear complaints of discrimination, and these complaints could be
handled by the City Secretary. Mr. Nichols emphasized that this is an excellent
opportunity for the Council to abolish a bureacratic office that is not needed.
No one else addressed the Council at this time.
Motion by Gulley that the Regular Council meeting be recessed at 3:15 p.m.,
seconded by Diaz, and passed unanimously.
* * * * * * * *
Mayor Lozano reconvened the meeting at 3:29 p.m.
Minutes
Regular Council Meeting
August 30, 1978
Page 12
Mayor Pro Tem Gulley asked to make a statement in regard to the LULAC
boycott of Council Member Holt's place of business. He stated that he has just
learned that LULAC is distributing bumper stickers urging the boycott of Mr.
Holt's stores. Mr. Gulley stated that this boycott is a terrible thing because
when a citizen is serving on the Council as a representative of the citizens, he
should not be harassed by any group because of the way he casts his vote on any
issue. Mayor Pro Tem Gulley further contended that such harassment was unfair
to Mr. Holt's family and employees, and such tactics would discourage other
qualified businessmen from running for office. He stated that he feels that the
Council needs to support Council Member Holt and his right to express his opinions
without reprisal on any issue that comes before the Council.
Council Member Diaz expressed the opinion that this boycott will cer-
tainly not hurt Armand's business.
Mayor Pro Tem Gulley reiterated that it is still wrong for any special
interest group to try to hurt a man's business and his family because of the way
he votes or speaks on a matter.
Council Member Diaz indicated his agreement with that statement.
Council Member Sample stated that he had hoped that this matter would
receive no more attention and that LULAC would have no further plans to boycott
a Council Member's place of business.
Council Member Holt indicated that he was told that if he would change his
position as a Council Member, they would not boycott his business, but he empha-
sized that he would certainly not call LULAC to see how they wanted him to vote.
Mayor Lozano stated that he did not feel that even 50% of the members of
LULAC are in agreement with this boycott.
Mr. David Coover, who was seated in the audience, addressed the Council
on this same matter and expressed the opinion that such a boycott by a special
interest group is a very shameful situation. He stated that not only will the
Council Member so attacked be injured, but such practices will discourage good
citizens from serving on the Council.
Minutes
Regular Council Meeting
August 30, 1978
Page 13
City Manager Townsend announced the public hearing on Application #778-9,
Mr. J. H. Mayberry, for change of zoning of "A-2" Apartment House District to
"B-4" General Business District on Block 3 and the east 30 feet of the vacated
Rose Street, Barthlome Tract, located on the northwest corner of Lawrence Drive
and Antelope Street.
Mr. Townsend stated that the Planning Commission recommends denial of
this application and in lieu thereof grant "AB" zoning, and the Planning Staff
recommends denial and in lieu thereof that "B-1" zoning be approved. He informed
the Council that in response to the notices of the public hearing, one in favor
and one in opposition had been returned. He pointed out that the one in opposi-
tion was from the St. John Lutheran Church, and this opposition invokes the 20%
rule, since the church owns over 20% of the property within the affected area.
City Manager Townsend read the letter of opposition from the church in which it
was stated that they would not be opposed to the "AB" zoning as recommended by
!the Planning Commission. He emphasized that the 20% rule would still be in effect
on this application, and six votes of the Council would be required to grant the
"AB" zoning.
Chief Planner Larry Wenger located the area on the zoning and land use
1!(1)
map, described the land use in the surrounding area, showed slides of the area,
and stated that the prospective purchaser of the property plans to use the exist-
ing building for a computer service office.
Council Member Diaz inquired if the Commission had considered recommend-
ing a special permit, and Mr. Wenger replied that the proposed use could be
operated in "AB" zoning, but the applicant prefers the zoning of "B-1."
The applicant, Mr. J. H. Mayberry, spoke at this time and stated that the
prospective purchaser requested "B-4" zoning so that possible expansion could
occur at a later date. He stated that the proposed business could be operated
in "AB" zoning, and he would accept this zoning.
Mr. Bob Dillard, representing the prospective purchaser, pointed out that
the extension of Lawrence Drive dissected this small triangle from the "B-5" zoned
Minutes
Regular Council Meeting
August 30, 1978
Page 14
property across the street, and even though the purchaser plans to use the build-
ing for professional office use at this time, he desires to have the flexibility
of "B-4" zoning. Mr. Dillard pointed out that "B-1" zoning exists directly adja-
cent to the church and showed slides of many business firms located in the area
near the church. He informed the Council that a special permit would be accepta-
ble to him if the 7 -foot screening fence did not have to be installed. He assured
the Council that the purchaser has no intention of selling the property or using
it for any other purpose than that indicated at this time. He stated that because
of the setback requirement on the property, they would prefer a special permit
with a waiver of the screening fence requirement.
City Manager Townsend explained that a special permit would not change
the setback problem if such a problem exists.
Mr. Dillard explained that the existing building does not meet the set-
back requirement, and the purchaser had just learned that because of the 20'
setback requirement, expansion would be impossible.
City Manager Townsend stated that all a special permit accomplishes is
to restrict the land to certain specific uses but does not affect setback require-
ments and suggested that only the Board of Adjustment can grant a variance to the
setback requirement.
Mr. Dillard noted that the only zoning that would not require the setback
was "B-5."
City Manager Townsend referred to the matter of the fence and stated that
this is a separate question, and he felt that the fence requirement could be
waived.
Mayor Lozano inquired if a representative of the church was in the audi-
ence who could express their views about the fence. There was no response.
Council Member Holt reminded the Council that the letter from the church
indicated that they would not oppose "AB" zoning, but they did not mention the
screening fence.
Motion by Holt that the hearing be closed, seconded by Gulley, and
passed unanimously.
..es
Regular Council Meeting
August 30, 1978
Page 15
Motion by Gulley that the zoning of of "B-4" on Application #778-9 be
denied, but in lieu thereof, that "AB" zoning, as recommended by the Planning
Commission, be approved and the screening fence requirement be waived; seconded
by Diaz.
Mayor Lozano called on Mr. Noe Mendez, representative of the Planning
Commission, to comment on the screening fence waiver.
Mr. Mendez informed the Council that the fence requirement was not dis-
cussed at the Planning Commission meeting.
Mayor Lozano called for the vote on the motion, and it passed unanimously.
City Manager Townsend announced the public hearing on Application #778-10,
Mr. Obie Neal LaRue, for change of zoning from "R -1B" One -family Dwelling District
to "R-2" Multiple Dwelling District on Lots 1, 2, 3, 49, 50, 51 and 52, Block C,
Don Patricio Subdivision, located on the south side of Don Patricio Road between
Amber Drive and Stardust Lane.
Mr. Townsend informed the Council that both the Planning Commission and
the Planning Staff recommend denial, the Staff pointing out that the existing
structures are nonconforming and would remain so even if the zoning were changed;
the zoning would be an intrusion into this single-family area; and City sewer
service is not available to this area. He stated that in response to the notices
of the public hearing, two in favor and none in opposition had been returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, showed slides of the area, and
stated that the prospective purchaser plans to develop apartments and/or town-
houses on the property.
Council Member Holt inquired about the number of units allowed in "R-2"
zoning, and Mr. Wenger replied that approximately 14.2 units per acre are allowed.
Mr. Wenger also pointed out that there are no sanitary sewer facilities, drainage,
or streets in the area.
Mayor Lozano called for comments from the applicant.
Mr. "Skip" Hinkel, representing the applicant, stated that after they
made application for the change of zoning, approximately 30 notices were mailed
Minutes
Regular Council Meeting
August 30, 1978
Page 16
prior to the hearing before the Planning Commission; two notices were returned
in favor; and only one property owner appeared at the hearing to express concern
about the change of zoning and he lived outside the 200 -foot area. Mr. Hinkel
expressed the opinion that none of the residents in the area were opposed to the
change of zoning requested. He pointed out that the requirements for water,
streets, etc., could be solved when the purchaser applies for building permits.
Council Member Gill asked Mr. Hinkel how they plan to solve the drainage
and sewer problems.
Mr. Hinkel stated that there are no immediate plans to build the proposed
structures; this area is designated for sanitary sewer improvements; and it is
hoped that the necessary services will be available before construction begins.
City Manager Townsend pointed out that obtaining a building permit does
not automatically require street improvements and other necessary services and
inquired if the applicant would be interested in some type of assessment proce-
dure to have the improvements installed.
Mr. Obie Neal LaRue, the applicant, stated that it was his understanding
that the City is obligated to install sewers in the area and that the plan is to
construct townhouses in the future, but this will not be done until the City
installs sewer improvements.
Council Member Holt inquired of Mr. LaRue why he is requesting this change
of zoning before the sewer service is even available. Mr. LaRue replied that he
is just planning far the future, and he is attempting to obtain the proper zoning
before selling property that he owns in Houston to finance the project here.
No one else spoke in regard to this application.
Motion by Sample that the hearing be closed, seconded by Holt, and passed
unanimously.
Council Member Sample pointed out that a sewer problem already exists in
Flour Bluff and if this application is approved, the problem will be increased.
Motion by Sample that the change of zoning on Application 11778-10 be
denied, seconded by Juarez.
Mr. Mendez informed the Council that the Planning Commission had recom-
mended denial of this application because of the lack of sanitary sewer service
.es
Regular Council Meeting
August 30, 1978
Page 17
and other improvements in the area.
Council Member Gill stated that she felt that the applicant's plans for
development are very good, but she does not feel that the zoning should be
granted at this time before sanitary sewer service is available, pointing out
that she feels that sewer service should be provided for property owners in the
area who have requested sewer service for the existing development.
Mayor Lozano called for the vote on the motion to deny the change of
zoning, and it passed unanimously.
City Manager Townsend announced the public hearing on Application 11778-11,
Diversified Structures, Inc., for change of zoning from "R -1B" One -family Dwell-
ing District to "I-2" Light Industrial District on the remaining portion of Lots
1, 2 and 4, Block 4, Colonia Hidalgo Addition, located on the northwest corner
of South Padre Island Drive and Hendricks Street.
Mr. Townsend noted that the Planning Commission and the Planning Staff
both recommend approval of this change of zoning. He stated that in response to
the notices of the public hearing, one in favor and none in opposition had been
returned.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
Be stated that the owner plans to develop the subject property for light indus-
trial use.
No one spoke in regard to this application.
Motion by Gulley that the hearing be closed, seconded by Sample, and
passed unanimously.
Motion by Diaz that the zoning on Application #778-11 be changed to "I-2",
as recommended by the Planning Commission and Planning Staff; seconded by Sample;
and passed unanimously.
* *
City Manager Townsend announced the public hearing on Application #778-8,
The Resource Group, for change of zoning from "R -1A" One -family Dwelling District
to "R-2" Multiple Dwelling District on Lots 15, 16 and 17, Block 3, Ocean Drive
Minutes
Regular Council Meeting
August 30, 1978
Page 18
Subdivision, located on the northwest corner of Claremore Street and Kentner Street.
Mr. Townsend stated that both the Planning Commission and the Planning Staff
recommend denial of this application, the staff noting that the entire area is
single-family dwelling district and approval of "R-2" zoning would constitute an
intrusion of multiple -family dwellings in the area.
City Manager Townsend informed the Council that in response to the notices
of the public hearing, many letters and petitions have been presented to the City
expressing opposition to this change of zoning, and rather than read each one, he
would pass the file for Council examination. He stated that the 205 rule is in effect.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, showed slides of the area, and stated
that all of the property in the area is for single-family use.
Mayor Pro Tem Gulley asked for an explanation of the difference between
"R -1A" zoning and "R -1B" zoning.
Chief Planner Wenger replied that there is no difference at this time, but
"R -1A" was originally designed for larger lots than those in "R -1B."
Mayor Lozano called on the applicant to address the Council.
Mr. Tim Clower, Realtor speaking on behalf of the applicant, stated that
the Resource Group has a contract to purchase the property from Mr. David M. Coover
and Mayfield G. Purse, and they plan to construct 30 townhouses similar to the
Santa Fe Townhouses on the property. Mr. Clower explained that the entrance to
the complex will be on Claremore Street; the project will be fenced entirely; they
plan to dedicate 15 feet and 20 feet for adjacent streets; and they feel that the
project will be an improvement in the area.
Also speaking on behalf of the applicant was Mr. Jack Solka, 4707 Everhart,
who is the architect on the project. Mr. Solka displayed a drawing of the planned
development and stated that the plan calls for a perimeter driveway which will be
screened from all of the surrounding areas; there will be only one entrance; the
units will be two and three bedroom townhouses; the units will face the inside of
the property; landscaping in the complex is planned; 3'1 acres of land are involved
for only 30 units; and there will be approximately 9 units per acre. He pointed
out that the adjacent zoning would allow 5 units per acre, and the density in the
Regular Council Meeting
August 30, 1978
Page 19
planned townhouse development would not be much more intense than that allowed in
the surrounding area. Mr. Solka also emphasized that under the present zoning,
20 single-family dwellings could be constructed.
Council Member Gill inquired if such a subdivision is constructed, how
could the residents obtain access to University Drive.
Mr. Solka stated that a street could be constructed in the center of the
tract of land.
City Manager Townsend noted that if a subdivision is built, the developers
would have to participate in the construction of the street extension, but agreed
that a subdivision could be constructed there.
Mr. Solka also pointed out to the Council that the plans for the townhouses
call for each unit to have double garages, as well as ample visitor parking, which
would.eliminate any parking problems in the area.
The owner of part of the property, Mr. David M.Coover, addressed the Council
and stated that he owns two of the lots in the tract of land; his former wife owns
the other lot; and they both desire to sell the land at this time. Mr. Coover
informed the Council that trash and debris are constantly dumped on this land and
he has to pay to have it cleaned, contending that the property owners in the area
wished to retain the zoning in order to continue to use it as a convenient dump
site. Mr. Coover informed the Council that he had opportunities to sell the land
in the past for development of smaller homes, but he rejected the offers because
he did not think the small homes would improve the neighborhood, indicating that
he had retained the property for use for an outstanding development for the neigh-
borhood. He referred to some of the opposition's remarks in regard to the inade-
quate water pressure and stated that the water pressure is inadequate in the entire
area, not just in the immediate area around his tract of land.
Council Member Diaz stated that he was going to have to depart the meeting
prior to completion of this public hearing. Mr. Diaz, noting that the Council
Chamber was filled with citizens concerned with this zoning case, asked those who
were in favor of the change of zoning to so indicate. (Three people raised their
hands to indicate that they were in favor of the change of zoning.)
Mr. Coover requested that a vote on this application be delayed until all
of the Council Members are present, since the 20% rule is in effect.
Minutes
Regular Council Meeting
August 30,1978
Page 20
*Council Member Diaz departed the meeting at 4:39 p.m., indicating that he
had to go out of town.
Mayor Lozano assured Mr. Coover that the Council would not vote on this
application until all seven members of the Council were present.
Mr. Coover continued his presentation by referring to statements made by
the opposition to the effect that he had refused to dedicate right-of-way for the
purpose of widening the surrounding streets. He alleged that this was not true,
stating that he had agreed to dedicate the land if he were not assessed for the
street improvements. Mr. Coover contended that the reported problem with the water
pressure in some residences in the area was created because of inadequate plumbing.
Mr. Coover further stated that unless he could dispose of this property in this
manner for the construction of the townhouses, he will be forced to place rent
houses on the property in order to obtain -enough income to pay his taxes on the
land. He pointed out that under the present zoning, he could move inferior
houses onto the land for rental purposes, which would not be very attractive in
the neighborhood.
Council Member Holt inquired about the amount of the taxes on the land,
and•Mr. Coover stated that he did not have this information with him but that he
thought that it was approximately $200 a month for his two lots.
Mayor Lozano invited those who wished to speak in opposition to address
the Council. .
Mr. Fred C. Auforth, 345 Plametto, stated that he id definitely opposed to
the proposed change of zoning. Mr. Auforth explained that the 3 -acre tract is
entirely surrounded by nice, residential homes; the density would be increased if
the townhouses are built; the elementary school in the area would be over -crowded;
the streets in the vicinity are too narrow now, and the planned development would
further aggravate this problem; the proposed development would be directly behind
his residence and he did not care to have a large fenced complex located there; and
expressed the opinion that the value of his residence would be depreciated".
Also speaking in opposition was Mr. Allan L. Yaffe, 466 Palmetto, who stated
that even though his residence is not within the 200 -foot area of the subject tract
of land, he feels that his property would be affected by approval of this change of
zoning. He stated that while he believed that Mr. Coover may be having a problem
es
Regular Council Meeting
August 30, 1978
Page 21
paying his taxes on his property, he did not believe that the solution to his tax
problem should be the concern of the entire neighborhood, and the planned develop-
ment would definitely adversely affect the whole area. Mr. Yaffe emphasized that
this is a beautiful, prestigious neighborhood. He stated that the water pressure
problem definitely exists, and this problem would be greatly increased if town-
houses are constructed on this tract of land. Mr. Yaffe also pointed out that
the traffic on the narrow, residential streets would be increased, and the increased
density would require additional police protection. He pointed out that many of
the residents in the neighborhood have invested a great deal of money in their homes,
and he felt that the value of these homes would be decreased if zoning for a town-
house development is approved.
Also speaking in opposition to the application was Mr. Harold Z. Browning,
349 Palmetto, who indicated his agreement with the statements made by Mr.Yaffe and
pointed out that most of the property owners had purchased their land when the
zoning was "R -1A" with the understanding that the zoning would be retained. He
emphasized the fact that there are no apartment units or multiple -family dwell-
ings located anywhere near this neighborhood and that approval of this request
would constitute spot zoning.
The next property owner speaking in opposition was Mrs. Emily Carnes,
320 Claremore, who took exception to the remarks made by Mr. Coover. She stated
that she and her mother own a large tract of land in the 200 -foot area. Mrs.
Carnes referred to an information sheet from Mr. Coover which was delivered to
all of the residents in the affected area following the hearing before the Plan-
ning Commission. She stated that according to the information sheet from Mr.
Coover, he alleged that the neighbors had concocted the story about the low water
pressure to influence the Commission to recommend denial of his zoning application.
In rebuttal to Mr. Coover's contention, Mrs. Carnes displayed a rusty, 2" cast iron
water pipe taken from a site in the neighborhood which demonstrated the reason the
water pressure was so low.
Mrs. Carnes continued her presentation by alluding to the fact that the
developers had stated that only one entrance to the proposed complex would be
Minutes
Regular Council Meeting
August 30, 1978
Page 22
constructed but pointed out that walkways around the area would be installed. She
mentioned the fact that a terrible traffic problem already exists in the area and
stated that the residents in the area had attempted to have the streets widened,
but Mr. Coover had refused to donate any right-of-way for the streets. Mrs. Carnes
also related other incidents involving improvement to the area in which Mr. Cobyer
had refused to cooperate.
Mrs. Carnes referred to Mr. Coover's statement that residents in the area
have made it a practice to throw trash and debris onto his property and contended
that the renters of his house on his lot are the ones who litter the remainder of
his property. She also informed the Council that the only time Mr. Coover mows
his property is when the Weed Control Division of the City forces him to do so.
Colonel James L. Beynon, 473 University, stated that although he lives
outside the 200 -foot area of this tract of land, he is definitely opposed to the
change of zoning. Colonel Beynon informed the Council that he had always been
involved in school and neighborhood activities and referred to the fact that Mr.
Coover had refused to dedicate the necessary land to widen Kentner Street to pro-
vide safe access for school children to Montclair Elementary School. Colonel
Beynon related that when asked to donate right-of-way, Mr. Coover had agreed to
do so only if he did not have to pay his share of the assessments and if he was
not taxed' for his property. Colonel Beynon pointed out that the City could not
possibly agree to those conditions, and the street was not widened. He also
alleged that Mr. Coover could have sold his property many times in the past if
he had not asked such exorbitant prices for it. Colonel Beynon contended that
Mr. Coover is not concerned about this neighborhood since he does not reside any-
where near the subject property.
Mayor Pro Tem Gulley made the observation that most of the citizens present
seemed to be in opposition to this application and stated that, in his opinion, he
did not think the required six votes of the Council would be cast to approve this
request. He suggested that, in the interest of time, the vote be taken on this
application.
Mayor Lozano then requested that all of those present who are opposed to
the change of zoning provide the Council with their names which will be recorded
` P.
Regular Council Meeting
August 30, 1978
Page 23
as being in attendance at the public hearing to express opposition to the change
of zoning. The following area residents were present to express opposition:
Mr. Alton L. Carter, Mrs. Joanne M. Taylor, Mrs. Grace Carter, Mrs. Barbara E.
Beynon, Mr. and Mrs. G. P. Keister, Mrs. Ethel Walker, Ms. Helen Graham Park,
Ms. Catherine C. Roberts, Ms. Mary Crawford, Ms. Eone Lane, Ms. Opal Y. Lane, Ms.
C. L. Binkerd, Ms. Kim Carter Hedricks, Mr. Howard C. Walker, Mr. Larry L. Kline,
Ms. La Rue White, and Mr. John M. White.
Council Member Gill expressed the opinion that the Council should not
vote on this application until all seven of the Council Members are present, not-
ing that this has always been the practice of the Council.
City Manager Townsend explained to the audience that the 20% rule requires
six votes of the Council to approve such zoning, and the Council feels that it would
be unfair for the vote to be taken until all seven members of the Council are pres-
ent. He informed the members of the audience that the Council plans to close the
public hearing, and the ordinance changing the zoning will not be presented until
all Council Members are present.
Motion by Holt that the hearing be closed, seconded by Sample, and passed
unanimously.
Motion by Holt that Application #778-8 be tabled until seven Council
Members are present, seconded by Juarez, and passed unanimously.
City Manager Townsend presented the ordinances effectuating the zoning
changes as approved in the preceding zoning cases. City Secretary Read polled
the Council for their votes, and the following ordinances were approved:
ORDINANCE NO. 14486:
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 J. H. MAYBERRY
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON BLOCK 3 AND THE EAST 30 FEET
OF THE VACATED ROSE STREET, BARTHLOME TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL
OFFICE DISTRICT AND WAIVING THE STANDARD SCREENING FENCE REQUIREMENT; KEEPING IN
EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting "Aye"; Diaz,
absent.
Minutes
Regular Council Meeting
August 30, 1978
Page 24
ORDINANCE NO. 14487:
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 DIVERSIFIED
STRUCTURES, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION
OF LOTS 1, 2 AND 4, BLOCK 4, COLONIA HIDALGO ADDITION SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT
TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE
EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was approved by the
following vote: Lozano, Gulley, Gill, Holt, Juarez and Sample voting "Aye";
Diaz, absent.
There being no further business to come before the Council, on motion by
Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting
was adjourned at 5:35 p.m., August 30, 1978.