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HomeMy WebLinkAboutMinutes City Council - 10/11/1978PRESENT: Mayor Gabe Lozano, Sr. 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 OCTOBER 11, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The Reverend Richard Giller of the Church of the Open Door gave the invo- cation. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that the Minutes of the Special Council Meeting of September 20, 1978 be approved as presented; seconded by Sample; and passed unanimously. Motion by Diaz that Council Member Ruth Gill, who was out of the City on business, be excused for just cause; seconded by Sample; and passed unanimously. Mayor Lozano presented retirement plaques to the following employees: EMPLOYEE YEARS OF DEPARTMENT POSITION SERVICE Mr. John Balli Utilities Meter Reader Foreman 28 Mr. Arturo Maldonado Water Water Meter Repairman 22 Mr. Hughey Edwards Maintenance Equipment Maintenance Super- 25 Services intendent Also scheduled to receive retirement plaques but unable to be present were the following employees: Mt. Manuel Perez Mr. Simon Perez Wastewater Wastewater Plant Operator 31 Wastewater Senior Wastewater Plant Operator 29 *Council Member Tony Juarez, Jr. arrived at the meeting at 2:10 p.m. during the foregoing presentations. Mayor Lozano announced the bid opening on the following project: Ella Barnes Street Improvements, Unit II, Phases "A" and "B". Phase "A" includes reconstruction of 1.8 miles and Phase "B" 1.65 miles of streets with drainage, curb and gutter, sidewalks and utility improvements where needed. The streets involved are voluntary paving streets included in the 1977 bond program and 3rd year of the Community Development Program. tgD. ^3 co),' J` `V \ Minutes Regular Council Meeting October 11, 1978 Page 2 The Streets included are: Phase "A" (1) Bruce Street from Hibiscus to Elgin (2) Buford from Port to Highland (3) Elgin from Buford to Morgan (4) Hibiscus from Highland to Bruce (5) Sabinas and Verbena from Highland to Morgan Phase "B" (1) Agarito from Elgin to Baldwin (2) Bright and Verbena from Reyna to Morgan (3) Elgin and Sabinas from Morgan to Baldwin (4) Reyna from Greenwood to H.E.B. Shopping Center City Manager Townsend requested that Mr. James K. Lontos, Director of Engi- neering and Physical Development, conduct the bid opening on this engineering project. Mr. Lontos explained to the Council that the project is divided into Phase "A" and Phase "B" and that the contractors will be allowed to bid on each phase or a combination of both phases. Mr. Lontos then opened bids from the following firms: Heldenfels Brothers, Abacus Corporation, Isles Construction Company, M & M Construction Company and APCCO, all of Corpus Christi. He noted that all contractors had submitted the proper bid security check. Mayor Lozano stated that the apparent low bidder was Isles Construction Company but explained 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. * * * * * * * * * * * * Mayor Lozano announced the public hearing on the following matter: Amendment to the Master Sanitary Sewer Plan to include all of Area 20-B-1 (Plate 22) west of Corn Products Road, or approximately 14 acres in Area 24-A-1. Corn Products Road is a logical divide for planned sanitary sewer extensions, since the area to the east is already being served to the rear by a gravity system that cannot be extended across Corn Products Road. The 14 acre area, most of which is now being developed, will be served by the 1977 bond project described as Highway 9 - Corn Products Road Lift Station and Laterals. City Manager Townsend informed the Council that this change is recommended by both the Planning Commission and the City Staff. He stated that the change involved is simply to move one drainage area to another to accommodate the develop- ment in the area and explained the reasons for the recommended change. Mr. Townsend also stated that there has been no opposition to this change in the Master Plan. 4 Minutes Regular Council Meeting October 11, 1978 Page 3 Mayor Lozano ascertained that no one in the audience was opposed to this change in the Sanitary Sewer Master Plan. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Sample that the Sanitary Sewer Master Plan be amended to include all of Area 20-B-1 (Plate 22) west of Corn Products Road in Area 24-A-1; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * Mayor Lozano announced the public hearing on the following street closing: Closing of portions of Johanna Street located generally between Kostoryz Road and Richter Street and adjacent to the proposed Ventura Plaza Unit 5 Subdivision. The adjacent property has now been platted in such a way that there appears to be no need to extend Johanna Street to Richter Street. City Manager Townsend located the portions of Johanna Street proposed to be closed and identified the streets in the area on the map. Mr. Townsend stated that the developer of Ventura Plaza Unit 5 Subdivision plans to extend Sacky Road to Richter Street, since developers of subdivisions are required to pave streets adja- cent to subdivisions. He explained that since the subdivider plans to pave Sacky Road, which is adjacent to the subdivision on the south, the staff recommends that Johanna Street, which is to the north of the proposed subdivision, be closed. Speaking in opposition to the street closure was Mr. J. A. Calvin. Mr. Calvin stated that he owns Lot A of Boulevard Acres Subdivision and located the lot on the map. He contended that if Johanna Street were closed, he would not have access to the rear of this property. City Manager Townsend explained to the Council that the portion of Johanna Street adjacent to Mr. Calvin's property has never been open as a street, but access is available to the rear of his property at this time. He also stated that Mr. Calvin's lot and two adjacent lots have not been platted and street right-of-way has not been dedicated. Mr. Townsend further informed the Council that if this street is not closed, the adjacent property owners will have to plat their property, dedicate right-of-way for Johanna Street, and contribute to the construction of the street. He inquired of Mr. Calvin if he would be willing to do this, and Mr. Calvin agreed that he would Minutes Regular Council Meeting October 11, 1978 Page 4 dedicate the required right-of-way. Speaking in favor of the closing of these portions of Johanna Street was Mr. Harlan Heitkamp of Maverick Engineering, who stated that a client of his has submitted a plat for approval of a portion of Shoppers' World property located on South Padre Island Drive which extends beyond the curved portion of Johanna Street that was to have been extended to Richter Street. Mr. Heitkamp informed the Council that he had been assured by the Planning Staff that Johanna Street would be closed, that his client would not have to dedicate right-of-way for the street; and a plat has been submitted with that understanding. City Manager Townsend suggested that occasionally, subdividers prepare their plans under the assumption that a street will be closed and apparently, that is the action taken by Mr. Heitkamp and his client. Council Member Diaz suggested that Johanna Street be left open for comple- tion as it extends eastward but excluding the portion west of Larcade Drive. City Manager Townsend explained that the property owners to the north will have to replat their property if this is done. Mr. Townsend commented that it was unfortunate that the owners of Shoppers' World were allowed to plat just one lot of their property rather than the entire tract, and it was a mistake to permit a por- tion of their property to remain unplatted. Council Member Diaz suggested that Johanna Street be left open to the point that access could be provided for Mr. Calvin. Mr. Larry Wenger, Chief Planner, stated that they recommended closing the fragmented portions of Johanna Street because the adjacent property is in the process of being developed as a subdivision and if the property adjacent to it to the north is platted, it seems reasonable to assume that they will be for business use. He further stated that any business construction would face on South Padre Island Drive, not on Johanna Street. Mr. Wenger also explained that if Johanna Street remains open, the subdivider would have to dedicate right-of-way and contribute to the construction of Johanna Street, as well as Sacky Drive, and their subdivision would have to be redesigned. He also pointed out that the Planning Commission , recommended the closure. Mayor Lozano ascertained that the developer of the subdivision was not present, and City Manager Townsend suggested that the hearing could be recessed Minx, Regular Council Meeting October 11, 1978 Page 5 until the subdivider could be contacted to discuss the matter. Mr. Heitkamp suggested that. the portion'of Johanna Street from Larcade Drive to the property line of Shoppers' World be closed in order to facilitate the approval of the plat that he had submitted. Mayor Pro Tem Gulley pointed out that this seemed reasonable since Johanna Street does not extend anywhere except to the Shoppers' World property. City Manager Townsend reiterated that the plat of Shoppers' World should never have been approved without the entire lot being platted. He pointed out that if the developer of the subdivision has to redesign his subdivision, the redesign might contemplate leaving Johanna Street open, in which case the portion referred to by Mr. Heitkamp should remain open. Mr. Townsend suggested that the subdivider be contacted to see if he could come to the Council Chambers to discuss the problems that had arisen in connection with the proposed closure of portions of Johanna Street. Motion by Holt that the matter be tabled until later in the meeting to allow time for the subdivider to arrive in the Council Chamber; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * 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 a Special Council Meeting at 3:30 p.m. on November 8, 1978 on the following zoning applications: (1) Mr. Perry E. and Mr. Stephen L. Burkett: "A-2" to "AB", located on the west side of South Tancahua Street, south of Agnes Street. (2) Mr. L. W. Latour: "R -1B" to "A-1", located on the east side of Waldron Road approximately 470 feet south of Don Patricio Road. (3) City of Corpus Christi: "I-2" to "A-2", located between Greenwood Drive and Elgin Street, north of Baldwin Boulevard. (4) Mr. Byron J. Gierhart & Mr. Erik Doughty: "F -R" to "RE", located on the southwest corner of Caribbean Drive and Roscher Road, adjacent to Cayo del Oso. (5) City of Corpus Christi: "I-2" to "8-4", located on the north side of South Padre Island Drive approximately 450 feet east of Hamlett Drive. b. Bids be received at 11:00 a.m., Tuesday, October 31, 1978 for the following: (1) A one-year contract for elevator maintenance at the Bayfront Plaza Auditorium. (2) 2,900 road markers for the Traffic Engineering Division. (3) Annual requirement of tires and tubes (estimated at 4934) for passenger vehicles, trucks, tractors and heavy equipment. Minutes Regular Council Meeting October 11, 1978 Page 6 Council Member Diaz inquired about the possibility of the City's using recapped tires for the vehicles. City Manager Townsend replied that the City does use recapped tires for some vehicles and stated that he will have the staff prepare a report on the recap program practiced by the City. c. Bids be received at 10:00 a.m., Monday, October 23, 1978 for the sale of Parcel 8 of the Saratoga Trunk Main Project. This parcel contains 0.615 acres and is being acquired by the City from Ms. Georgia E. Parry Thompson so that the City may retain a 20' utility easement and 20' temporary construction easement on the east side of the property. An additional electrically operated 2,000 lb. capacity crane hoist for the Wastewater Services Division be purchased from Truckers Equipment Co., Inc., Corpus Christi, on the basis of low bid meeting specifications of $2,386. The apparent low bids of $1,733.33, $1,799.77 and $2,106.39 by American Trailer and Equipment, Inc., Tiftmore, Inc., and Commercial Body Corporation, respectively, did not meet specifications in that a crane with manual rotation was bid instead of electrically powered rotation. Bids were received from 5 firms. Price comparison shows an increase of 2% since 1975. The hoist will be used by a maintenance crew added during 1977-78 to increase maintenance of lift stations. d. e. A replacement 300 amp trailer mounted electric welding machine for the Wastewater Services Division be purchased from Crane Welding Supply Co., Corpus Christi, on the basis of low bid of $3,784.42. Bids were received from 4 firms. f. The Nueces County Rural Fire Prevention District (Flour Bluff) contract be extended through August 31, 1979. The contract provides that the City will pay the District $38,883 in return for the District not levying a tax and providing fire service including at least 10 volunteer firemen at any serious brush, grass or major fire within the District. The City provides and maintains the District's radio equipment. Other provisions include the purchase of gasoline by the District under the City's contracts with reimbursement to the City, 30 day cancellation by either party, the stipulation that the District is to serve only as a source of support and the City is the responsible agency for managing the fire scene. g• A lease agreement with Southwest Airlines Company extending the lease to August 7, 1980 for 232 square feet of office space at the International Arrival Building be approved. The lease will terminate the same time as Southwest's operating lease on the airfield. Rental through August 7, 1979 at $6.26 per square foot is the same rental as paid by Southwest for similar space in the building. Rentals are adjusted annually to reflect cost of living changes. h. 274 square feet of space at the International Arrival Building at International Airport be leased from October 8, 1978 through August 7, 1980 to Tejas Airlines for use as an operations freight office. The first year's rental is $6.26 per square foot per year which is the same rental as paid by Southwest Airlines for similar space. Rentals are adjusted annually to reflect cost of living changes. The lease will expire at the same time as Tejas'operations lease on the airfield. Tejas will also pay for any needed office improvements. Minutes Regular Council Meeting October 11, 1978 Page 7 i. 120 square feet of office space at the International Arrival Building be leased to the local headquarters group of the Civil Air Patrol, rent free until such time as the City has an aviation need for the space or receives an offer from a paying tenant, but in no event to exceed 5 years. The CAP group has a T-41 Cessna aircraft, hangared in Bishop, used for training and search and rescue operations, and is in need of space for record keeping, office work, and headquarters personnel meetings. The only funds received by CAP are monies reimbursed for gas and oil used during actual missions. Members receive no form of monetary compensation and all uniforms, training, and practice mission expenditures are borne by the participating members. 3• The taxicab franchise of Bluebonnet Transportation Company be extended for an additional five-year period. The current franchise has three more years, but this extension will provide for all taxicab franchises to expire on the same date. The owner of Bluebonnet Transportation Company agrees to this extension. City Manager Townsend informed the Council that the staff has discussed the renewal of the taxicab franchise of Bluebonnet Transportation Company; the owners have agreed to renew their franchise even though their current franchise has not yet expired; and this will enable the City to renew all taxicab franchises at this time for a five-year period. Mr. Townsend stated that the wording of the franchise ordinance for the Corpus Christi Transportation Company has been revised, and all of the franchise ordinances will be on the agenda next week. k. A resolution be passed endorsing the proposed amendment to the State Constitution to authorize cities and towns to issue tax increment bonds to finance redevelopment of blighted areas. 1. A revocable easement be granted to Spohn Hospital to cross the right-of-way at Third Street at a point approximately 185 feet south of the centerline of Elizabeth Street to construct and maintain one 1", one 21", two 3", and two 6" water lines. Spohn has purchased the medical building across the street and wants to connect the heating and cooling systems. Work will be restricted to 1/2 of the street width at any time and not be allowed during peak traffic in the morning. m. An agreement be executed with the Texas Commission on Law Enforcement Officer Standards and Education for local administration of the Commission's Police Entrance Examination. The Firemen's and Policemen's Civil Service Commission approved the continued use of this examination on October 3, 1978 after using the examination for one year on a trial basis. The teat agreement between the City and the Texas Commission will enable the staff to indepen- dently administer the examination for future testing for the position of Police Trainee. n. Four grants be submitted to the Coastal Bend Council of Governments for funding by the Criminal Justice Division. (1) $12,708 to allow 15 police officers and 15 police sergeants to attend a 40 -hour course to be given locally by instructors from the FBI National Academy on Family Crisis Intervention. The grant will be 100% funded by the Criminal Justice Division and will pay overtime to the participants while attending courses during off-duty hours. Minutes Regular Council Meeting October 11, 1978 Page 8 (2) $4,700 for a field training officers course. The grant will be 100% funded by the Criminal Justice Division and will pay for professional services of the two course instructors and related materials and supplies (3) $6,716.25 to pay overtime for 15 officers to attend a course on Interpersonal Relations during off-duty hours. The grant will be 100% funded by the Criminal Justice Division. (4) $16,592 to purchase four portable surveillance radios for high security surveillance. The Criminal Justice Division will pay $12,444 and the City $4,148. o. The recommendation of the Bay Drilling Committee that Houston Oil and Minerals Corporation be allowed to directionally drill a well in State Tract 76 in Corpus Christi Bay be approved. The well would be drilled from an alternate cluster area approximately one mile off -shore from the Ocean Drive -Airline Drive intersection since the normal cluster area for State Tract 76 is within the Bay Park and Recreation area where drilling is prohibited. There were no comments from the Council or members of the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" thru "0," be accepted; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * Mayor Lozano announced the following tabled zoning application: Automated Services, Inc., from "A-1" and "A-2" to "R -1B" on a 5.68+ acre tract of land out of Lot 19, Flour Bluff and Encinal Farm and Garden Tracts located between Williams Drive and Hardwick Drive approximately 200 feet east of Daly Drive. This application was heard last week and tabled until an item could be placed on the agenda releasing the deed restrictions on the property to which the City is a party. It is recommended that the City agree to release the deed restrictions. The restrictions were related to construction of a nursing home or apartments on the property and were filed when the zoning was changed to "A-1" and "A-2". These uses are not allowed in "R -1B". The Planning Commission recommends "R -1B" and release of the restrictions. Motion by Sample that this matter be removed from the table, seconded by Juarez, and passed unanimously. City Manager Townsend briefly reviewed the facts pertaining to this zoning application and reminded the Council that the matter was tabled in order for the staff to work out the details of releasing the deed restrictions on the property to be rezoned. City Manager Townsend explained that the deed restrictions were on two separate parcels of the land which had been executed by the owner. Mayor Pro Tem Gulley inquired if the City was a party to the deed restrictions. Minutes Regular Council Meeting October 11, 1978 Page 9 City Manager Townsend informed the Council that for a few years, the City Council required deed restrictions as a condition of zoning, but stated that it is questionable whether or not such deed restrictions were ever enforceable. He fur- ther explained that the Council that required the deed restrictions felt that they were making conditions on the property, and even at that time, the staff informed them that the deed restrictions could not be enforced. Mr. Townsend stated that the City now prefers that special permits be granted for certain conditions. He continued by stating that the reason for having the deed restrictions on this parti- cular property is no longer applicable. Motion by Gulley that the City interpose no objection to the lifting of the deed restrictions on the portion of the property included in the request for change of zoning in Application No. 878-12, Automated Services, Inc., and the zoning of "R -1B" be approved for this tract of land; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. There was no response. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances listed on the agenda. Mr. Townsend explained in detail the ownership of the Japanese Art Museum and the contents of the museum. He stated that the non-profit foundation that was set up for the operation of the museum is called the Billie Trimble Chandler Art Foundation, Inc.; rent on the building is being paid to Mrs. Chandler; and some items of furniture and display materials are owned by Mrs. Chandler at this time. Mr. Townsend informed the Council that this explanation was necessitated because of questions that occurred in connection with the ordinance allocating funds for the operation and maintenance of the museum, which is on the agenda for third reading. There were no questions from the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: Minutes Regular Council Meeting October 11, 1978 Page 10 FIRST READING: GRANTING CORPUS CHRISTI SIGHTSEEING SERVICES, INC., DBA GRAY LINE OF CORPUS CHRISTI, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PERCENT (4%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWEST AIRLINES COMPANY COVERING RENTAL OF SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT AUTHORIZED BY ORDINANCE NO. 13992, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 26, 1977, BETWEEN THE CITY OF CORPUS CHRISTI AND TEJAS AIRLINES, INC., COVERING RENTAL OF SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE LEASE 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, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND HEADQUARTERS, THIRD GROUP, TEXAS WING, CIVIL AIR PATROL, FOR THE USE OF 120 SQUARE FEET OF OFFICE SPACE IN THE INTERNATIONAL ARRIVAL BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE 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, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". THIRD READING - ORDINANCE NO. 14546: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE JAPANESE ART MUSEUM FOR THE OPERATION AND MAINTENANCE OF A MUSEUM, AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Diaz, Holt, Juarez, and Sample voting "Aye"; Gulley voting "Nay"; Gill, "Absent". Minutes Regular Council Meeting October 11, 1978 Page 11 ORDINANCE NO. 14547: AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL CONTRACT, FOR A PERIOD OF ONE YEAR, WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT NUMBER TWO TO PROVIDE FIRE SERVICE FOR THAT PORTION OF THE CITY KNOWN AS THE FLOUR BLUFF AREA, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH IN SUBSTANTIALLY THE SAME FORM IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". ORDINANCE NO. 14548: EXPRESSING SUPPORT OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI OF THE PASSAGE OF AMENDMENT //3, WHICH PROVIDES FOR TAX INCREMENT FINANCING AS AN INCENTIVE TO IMPROVING PRIVATE PROPERTY IN BLIGHTED AREAS, TO BE PRESENTED IN THE NOVEMBER, 1978 GENERAL ELECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". ORDINANCE NO. 14549: GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO SPOHN HOSPITAL GRANTING THE RIGHT TO LAY, CONSTRUCT, OPERATE, MAINTAIN REPAIR AND REMOVE ONE 1", ONE 2-1/2", TWO 3", AND TWO 6" WATER LINES CROSSING AT THE RIGHT-OF-WAY OF THIRD STREET APPROXIMATELY AT RIGHT ANGLE AT A POINT APPROXI- MATELY 185 FEET SOUTH OF THE CENTERLINE OF ELIZABETH STREET, IN ALL A TOTAL DISTANCE OF 62.07 FEET WITHIN CITY STREET RIGHT-OF-WAY, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". ORDINANCE NO. 14550: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS COMMISSION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION ON LAW ENFORCEMENT OFFICER STANDARDS AND EDUCATION FOR THE LOCAL ADMINISTRATION OF THE COMMISSION'S POLICE ENTRANCE EXAMINATION, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING 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, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". ORDINANCE NO. 14551: AUTHORIZING THE CITY MANAGER TO SUBMIT GRANT APPLICATION FOR FOUR MINI -GRANTS TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE FOLLOWING: 1. Field Officers Training Course, 2. Family Crises Intervention Training Course, 3. Portable Surveillance Radio Grant, 4. Interpersonal Relations Course, A SUBSTANTIAL COPY OF EACH APPLICATION BEING ATTACHED HERETO, MARKED EXHIBITS "A", "B", "C", AND "D", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN THE GRANTS, IF AND WHEN THE APPLICATION IS GRANTED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". Minutes Regular Council Meeting October 11, 1978 Page 12 ORDINANCE NO. 14552: 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 AUTOMATED SERVICES, INC. BY AMENDING.THE ZONING MAP BY CHANGING THE ZONING ON 5.68+ ACRE TRACT OUT OF LOT 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" AND "A-2" APARTMENT HOUSE DISTRICT TO "R -1B ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". * * * * * * * * * * * * In connection with the tabled matter of the closure of portions of Johanna Street, City Manager Townsend informed the Council that Mr. James R. Ewing, of J. R. Builders, Inc., had arrived at the meeting. The matter was removed from the table, and City Manager Townsend advised Mr. Ewing that Mr. Calvin, a property owner who owns a tract of land between South Padre Island Drive and Johanna Street, had expressed opposition to the proposed closure of the street because he would no longer have access to the rear of his unplatted property if the street is closed. Mr. Ewing stated that he did not receive his notice of the public hearing on the closing of Johanna Street. He explained that his engineering company had presented his plans to the staff; the staff had recommended that Johanna Street be closed; and his company has progressed to the point of cutting the streets within the subdivision. Council Member Holt explained to Mr. Ewing that it had been suggested that Johanna Street be left open from Kostoryz Road to Larcade Drive and asked him for his opinion of such a plan. Mr. Ewing stated that his engineering company had proceeded with the plans with the understanding that Johanna Street would be closed, and the plan was approved by the Department of Engineering and Physical Development. Mayor Pro Tem Gulley pointed out that not all of the right-of-way for the street has been dedicated. Minv,as Regular Council Meeting October 11, 1978 Page 13 City Manager Townsend pointed out that the developer is obligated to open his half of the street, and unless the street is closed, this will have to be done, even though such a practice is not very desirable. He stated that the Planning Commission had no authority to approve the plat for this subdivision until the matter of Johanna Street was settled. Mr. Wenger stated that the Planning Commission approved the plat subject to the closing of Johanna Street. City Manager Townsend expressed the opinion that if this is true, the developer proceeded at his own risk. Mr. Ewing stated that he would like to have time to discuss this matter with his engineering firm before a decision is made. He informed the Council that his plans would have to be redesigned if Johanna Street is to remain open. Council Member Sample explained to other Council Members that incidents such as this have occurred before, because developers frequently proceed with projects at their own risk before all problems are solved. After further discussion, Council Member Holt inquired of Mr. Calvin if he was of the opinion that closing Johanna Street would actually damage his pro- perty. Mr. Calvin contended that it would and stated that he would be willing to plat his property and dedicate the right-of-way required for the construction of Johanna Street. He also stated that he felt that the owners of the property adjacent to his property would be willing to dedicate right-of-way for this purpose. Council Member Diaz suggested that the City might consider a service alley from Kostoryz to Mr. Calvin's property to provide access. City Manager Townsend indicated that this might present problems in that people would be placed in the position of crossing private property owned by individuals in order to reach Mr. Calvin's property. City Manager Townsend suggested that it might be advisable for the City staff to contact Mr. Richard M. Landsman, who apparently owns the property adja- cent to Mr. Calvin's property to ascertain whether or not he would like to replat his property and dedicate right-of-way for a street. Motion by Holt that this matter be tabled until the staff has an oppor- tunity to contact all of the property owners involved to determine their preferences Minutes Regular Council Meeting October 11, 1978 Page 14 in regard to the closing of Johanna Street; seconded by Juarez. City Manager Townsend pointed out that two developers are anxious to have this matter settled and inquired if the Council would approve of the staff's con- tacting the affected property owners by telephone to obtain their opinions about the street closure. Mr. Townsend also requested clarification in regard to the possible construction of this portion of Johanna Street and inquired if Council contemplated the City's paying for the possible construction of an alley to provide access to Mr. Calvin's property. A consensus of the Council indicated that they did not intend to pay for such construction, and they granted approval for the staff to contact the property owners by telephone. Mayor Lozano called for the vote on the motion to table the matter, and the motion passed unanimously. * * * * * * * * * * * * Mayor Lozano announced the public hearings on four zoning applications. City Manager Townsend announced the public hearing on Application No. 878-8, Corpus Christi Tortilla Factory, Inc., for a change of zoning from "B-4" General Business District and "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 1, 2 and 3, Block 6, High Terrace, located at the southwest corner of South Port Avenue and San Jacinto Drive. Mr. Townsend informed the Council that the Planning Commission recommends denial of the "I-2" zoning but in lieu thereof that a special permit be granted subject to an appropriate site plan for the tortilla factory and parking lot, and the Planning Staff recommends denial on the basis that it is located in a "B-4" zoned area and is in close proximity to residential uses along the rear. He stated that in response to the notices of the public hearing, four 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 owner plans to enlarge his factory. No one spoke in opposition to this change of zoning. Motion by Gulley that the hearing be closed, seconded by Juarez, and passed unanimously. Minutes Regular Council Meeting October 11, 1978 Page 15 Motion by Gulley that the zoning of "I-2" be denied but in lieu thereof, a special permit be approved for Application No. 878-8 according to the approved site plan; seconded by Sample; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 878-1, B.R.M. Enterprises, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on a .775' acre tract of land out of a 60.251 acre tract out of Share No. 4 of the Partition of the George Frank Land located on the north side of Leopard Street approximately 250 feet west of Clarkwood Road. Mr. Townsend noted that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, none were returned. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicant plans to develop the site for industrial use. No one spoke in opposition to this zoning application. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Sample that the zoning of "I-2" be approved for Application No. 978-1 as recommended by the Planning Commission and Planning Staff; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 978-2, D & P Partnership, for change of zoning from "F -R" Farm -Rural District and "B-4" General Business District to "I-2" Light Industrial District on Lots 1 and 2, Block 1, Hudson Acres Annex, located on the south side of Leopard Street approx- imately 450 feet east of Main Drive. City Manager Townsend stated that both the Planning Commission and the Planning Staff recommend approval. He informed the Council that in response to the notices of the public hearing, two in favor and none in opposition had been returned. Minutes Regular Council Meeting October 11, 1978 Page 16 Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the occupant of Lot 2 would like to have use of outside storage and plans to build on Lot 1 for the same use. No one spoke in opposition to this change of zoning. Motion by Diaz that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Diaz that Application No. 978-2 be approved and the zoning be changed to "I-2", as recommended by the Planning Commission; seconded by Gulley; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. C978-3, City of Corpus Christi, for change of zoning from "A-1" Apartment House District to "R -1B" One -family Dwelling District on Lots 1, 2, 3-R, 4-R, and 5-14, Block 1; Lots 11-23, 24-R, 25-R, 26-30 and 31-R, Block 5; Lots 1-R and 2-6, Block 6, Jackson Woods Subdivision, located between Interstate 37 and Stonewall Boulevard northwest of Harper's Ferry Street. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval. He also stated that in response to the notices of the public hearing, one in favor had been returned from the Zion Evangelical Lutheran Church. 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 owners of the property are developing the tract for single-family dwellings. City Manager Townsend noted that this particular tract of land was the subject of intense opposition to zoning it "A-1", and now the owners have started the construction of residences. No one spoke in opposition to this change of zoning request. Motion by Diaz that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Diaz that the zoning of "R -1B" be approved for Application No. C978-3 as recommended by the Planning Commission; seconded by Sample; and passed 'unanimously. * * * * * * * * * * * * Min_ Regular Council Meeting October 11, 1978 Page 17 City Manager Townsend presented the ordinances pertaining to the foregoing zoning applications; City Secretary Read polled the Council for their votes; and the following ordinances were approved: ORDINANCE NO. 14553: 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 CORPUS CHRISTI TORTILLA FACTORY,INC. BY GRANTING A SPECIAL COUNCIL PERMIT FOR A TORTILLA FACTORY AND PARKING LOT, WITH DELETION OF THE 25 -FOOT AND 10 -FOOT BUILDING LINES, ON LOTS 1, 2, AND 3, BLOCK 6, HIGH 'TERRACE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, ALL AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". ORDINANCE NO. 14554: 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 B.R.M. ENTERPRISES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON .775* ACRE TRACT OUT OF A 60.251 -ACRE TRACT OUT OF SHARE 4 OF THE PARTITION OF THE GEORGE FRANK LAND, 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, Diaz, Holt, Juarez, and Sample voting.."Aye"; Gill, "Absent". ORDINANCE NO. 14555: 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 D & P PARTNERSHIP BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 1, HUDSON ACRES ANNEX SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL AND "B-4" GENERAL BUSINESS DIST. 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, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". Minutes Regular Council Meeting October 11, 1978 Page 18 ORDINANCE NO. 14556: 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1, 2, 3-R, 4-R, 5-14, BLK. 1: LOTS 11-23, 24-R, 25-R, 26-30, 31-R, BLK. 5, LOTS 1-R, 2-6, BLK. 6, JACKSON WOODS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill, "Absent". * * * * * * * * * * * * At the beginning of the meeting, Mayor Lozano announced that the follow- ing proclamations had been issued: "COUNCILS FOR THE SOCIAL STUDIES WEEK" - October 10-14, 1978; "DAY IN COURT" - October 11, 1978; "NATIONAL CATHOLIC DAUGHTERS OF AMERICA DAY" - October 15, 1978; and "NATIONAL BUSINESS WOMEN'S WEEK" - October 15-21, 1978. * * * * * * * * * * * * 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 4:10 p.m., October 11, 1978. DZ z