HomeMy WebLinkAboutMinutes City Council - 11/22/1978PRESENT:
Mayor Gabe Lozano, Sr.
*Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Joe Holt
**Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 22, 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 at 2:25 p.m.
The Reverend Lester L. Roloff of the People's Church gave the invocation.
City Secretary Bill G. Read called the roll of required Charter Officers
and verified that the necessary quorum was present to conduct a legally constituted
meeting.
Council Member Edward L. Sample moved that the Minutes of the Regular
Council Meetings of November 1 and November 8, 1978 and the two Special Council
Meetings of November 8, 1978 be approved as presented. The motion was seconded by
Council Member David Diaz and passed unanimously.
Mayor Lozano announced the public hearing on the following matter:
Closing an alley in Block 8, Brooklyn Addition and an adjacent street to provide
for expansion of the Master Host Inn. The block is bounded by the Inn, Surfside
Boulevard and Coastal Avenue. The street and alley were previously closed in
1958 but construction thereon was prohibited and the City reserved the right
to reopen the street and alley.
City Manager R. Marvin Townsend explained that the subject alley and street
were previously closed to vehicular traffic, but the owners of the Master Host Inn
have requested that they be completely closed to allow construction on the property
to allow for the expansion of the existing hotel. Mr. Townsend stated that the
necessary utility adjustments have previously been made. He located the area of
Block 8 that is owned by the Ma=ter Host Inn and explained the proposed traffic
pattern.
Mayor Lozano ascertained that no one in the audience desired to speak in
opposition to the proposed street and alley closings.
Council Member Joe Holt moved that the hearing be closed. The motion was o 4 19 80
MICROFILMED
Minutes
Regular Council Meeting
November 22, 1978
Page 2
seconded by Council Member Tony Juarez, Jr. and passed unanimously.
A motion was made by Council Member Holt that the alley in Block 8, Brooklyn
Addition, and an adjacent street be closed; the motion was seconded by Council Member
Juarez and passed unanimously.
Mayor Lozano explained to the applicant that the ordinance effecting this
closing will be on the agenda December 6.
Mayor Lozano announced the scheduled public hearing on th= following matter:,
Appeal of Mr. Edgar Moore from the decision of the Planning Commission
requiring a 120' building line along Ayers Street on the preliminary plat of
Saratoga Industrial Place. The property is located at the southwest corner
of Saratoga Boulevard and Ayers Street, outside of the City limits. The
120' building line was required to provide for a 300' right-of-way and a
20' set -back for possible extension of the Crosstown Expressway as provided
in the Corpus Christi Urban Transportation Plan.
City Manager Townsend explained that this is an area outside the City limits
at this time but is included in a proposed contractual annexation scheduled to be
set by the Council during this meeting. Mr. Townsend presented the Council with
copies of a memorandum containing background information in regard to this property
and informed them that the property is zoned "1-2." He displayed a map of the area
and located the property involved, explaining that the City staff feels that the
property owner should establish a 120 -foot building line on the property along
Ayers Street (S.H. #286) so that property will be available for the future exten-
sion of the Crosstown Freeway from South Padre Island Drive southward on Ayers Street.
City Manager Townsend informed the Council that the City's Master Transportation Plan
calls for this possible freeway extension and explained that Mr. Moore's engineer,
Mr. Gene Urban, felt that this requirement was unreasonable since the State Depart-
ment of Highways and Public Transportation is not yet committed to the extension of
the Crosstown Expressway and his client would, therefore, be needlessly denied the
use of this land.
City Manager Townsend explained that the Planning Commission had denied by
a tie vote the owner's appeal or the 120 -foot building line requirement; therefore,
Mr. Moore filed the appeal to the Council. Mr. Townsend informed the Council that
the basic issue is whether or not the City has adopted a Master Transportation Plan
that properly requires this 120 -foot setback, and he admitted that the Master Plan
Minutes
Regular Council Meeting
November 22, 1978
Page 3
did not clearly indicate a definite plan for the extension of the Crosstown Express-
way. City Manager Townsend presented the Council with a copy of the State require-
ment on setbacks and asked that they consider whether or not they should be in the
position of providing for right-of-way for the Crosstown Expressway extension.
Mayor Lozano called on the applicant to present his case at this time.
Speaking on behalf of Mr. Moore was Mr. J. W. Gary, Attorney, 100 Hawn
Building. Mr. Gary pointed out to the Council that this 120 -foot building line
requirement would affect not only his client but also property ownL-: who own pro-
perty for the full distance of the expressway which is proposed for extension.
He stated that both Mr. Urban, the Engineer on the project, and Mr. Moore, the
applicant, would both address the Council on the matter.
Mr. Urban, Urban Engineering, explained to the Council that in May, 1978,
prior to the purchase of this particular property, a meeting was conducted with
representatives of the City Planning Staff and the City Engineering Department to
discuss the zoning and platting of the land before a decision was made to purchase
the land. Mr. Urban expressed the opinion that since the tract is located in the
flight plan of Cabaniss Field, the owners felt that the proposed use would be a
good plan for the land. He informed the Council that during this meeting with
staff members, the Master Transportation Plan was not mentioned, nor was the fact
that so much right-of-way would be required even discussed. Mr. Urban related
that the preliminary plat was presented to the Planning Commission on October 3,
1978, at which time the plat was approved subject to the establishment of a 120 -
foot building line along Ayers Street. Mr. Urban pointed out that this was the
first time such a requirement was mentioned to the property owner and further
informed the Council that this width of building line was not mentioned at the
Staff Plats meeting which was conducted on September 23, reiterating that he and
Mr. Moore thought that all possible problems had been worked out with the City
staff prior to the purchase of the land by Mr. Moore.
Council Member Holt inquired why the 120 -foot building line is required.
City Manager Townsend explained that the plat which has been submitted is
60 feet off the center line of Ayers Street, and the total for the building line
and right-of-way would a 180 feet.
Minutes
Regular Council Meeting
November 22, 1978
Page 4
Mr. Edgar Moore, 5313 Greenbriar, the applicant, addressed the Council and
explained the various subdivisions with which he has been involved and stated that
this is the first incident in which he and his associates have had to appeal a deci-
sion of the Planning Commission to the Council. Mr. Moore assured the Council that
he has always attempted to work with City department heads, but that since they have
occasionally had trouble with "City Hall", he suggested to Mr. Urban that the pre-
liminary meeting be held with personnel of the Planning Department and the Engineer-,
ing Department, even before the property was purchased, so that ti, -y could be sure
that no problems would be encountered. Mr. Moore contended that they were completely
surprised when they were told that the City would require the 300 -foot right -o; --way
for the freeway with a 20' setback. He stated that if he had known that the 120 -foot
building line would be required, he would not have purchased the subject tract.
*Mayor Pro Tem Gulley arrived at the meeting at 2:47 p.m. during the fore-
going presentation.
Mayor Pro Tem Gulley inquired if the freeway is scheduled to be extended
in that direction, and City Manager Townsend referred to the map and replied that
the extension of the expressway is shown as a possibility. Mr. Townsend further
explained that there are no plans for the extension for the next 20 years, but the
Council does have the right to preserve the land for the expressway, and if the
land is not preserved, buildings will be constructed over the right-of-way that
will be required for the extension of the expressway.
Mr. Gary spoke again and reminded the Council that this building line
requirement was not mentioned to the owner at the preliminary meeting with the
staff, nor was it mentioned at the Staff Plats meeting. He reiterated that his
client does not object to the Master Transportation Plan, but the plan does not
specify whether the freeway will be 120 feet, 300 feet, or just how wide it will
be. He stated that he and his client do not object to the dedication of 120 feet
of right-of-way but they do object to the 120 -foot building line, which would pro-
hibit the use of a considerable amount of property. Mr. Gary pointed out that
"1-2" zoning only requires a 20 -foot building setback line, but the plat submitted
established a 40 -foot setback line, and not until October 3, 1978, did the City
A
Minutes
Regular Council Meeting
November 22, 1978
Page 5
indicate that they wanted to establish the 120 -foot building setback line. Mr.
Gary informed the Council that on February 7, 1978, on a particular tract of land
in this same general area, the plat was approved with only a 10 -foot street dedi-
*
cation and a 20 -foot building line. He questioned why Mr. Moore's situation was
r any different from that particular property owner. Mr. Gary then requested that
the Council approve Mr. Moore's appeal and questioned whether or not it is even
legal for the City to establish such a building line and subsequently tie up a
property owner's property for an undetermined length of time.
City Manager Townsend summarized by stating that this matter is before the
Council because of the tie vote by the Commission on the motion to grant the a7,neal.
, He suggested that the question about the 120 feet of right-of-way should possibly
be considered by the Council in the future to clarify the Master Transportation
Plan, particularly as it pertains to the Crosstown Expressway.
Further discussion followed in regard to the anticipated width of a future
extension of the Crosstown Expressway.
Mayor Pro Tem Gulley expressed the opinion that the freeway will extend
to Saratoga, and the Master Plan is not really clear as to how much land should be
dedicated for the possible extension of the Crosstown Expressway.
Motion by Gulley that the hearing.be closed, seconded by Holt, and passed
unanimously.
Motion by Gulley that the Council grant the appeal, seconded by Holt.
Council Member Diaz stated that he felt that the appeal should be granted
because of the ambiguities that exist in the Master Transportation Plan.
Mayor Lozano called for the vote on the motion to approve the appeal, and
it passed unanimously.
Motion by Holt that the Planning Staff be instructed to instigate proceed-
ings to update the Master Transportation Plan; seconded by Juarez.
Council Member Gill reminded the staff and Council that she had requested
that this be done some time ago.
City Manager Townsend verified Mrs. Gill's statement, indicating that he
recalled her making such a request. Mr. Townsend agreed that there is a need to
clarify the extension of ''.e Crosstown Expressway and how this should be reflected
on the Master Transportation Plan.
Minutes
Regular Council Meeting
November 22, 1978.
Page 6
Mayor Lozano called for the vote on Council Member Holt's motion, and
the motion passed unanimously.
Mayor Lozano called for consideration of the following tabled matter:
Brookdale Development Company from "R-lB" to "A-1" on the southeast 66' by
165' of Lot 8, Block 1, Alameda Estates, located approximately 350' south
of Gaines Street and 75' east of Eldorl Drive: This/application was heard
last week and tabled until a full Council could be present because the 20%
rule is in effect. The Planning Commission recommends approval.
/ / /
Motion by Sample that this zoning application be removed from the table,
seconded by Diaz, and passed unanimously.
City Manager Townsend reminded the Council that this case was heard ia"t
week, and since the 20% rule is in effect, the matter was tabled until a full
Council was present. Mr. Townsend pointed out that drainage problems exist in
the area and suggested that the replatting process should specifically address the
drainage problems.
Motion by Holt that the Council approve the zoning of "A-1" on the application
of Brookdale Development Company on the southeast 66' by 165' of Lot 8, Block 1,
Alameda Estates, with the stipulation that the drainage question be satisfactorily
resolved through the platting process.
Mayor Pro Tem Gulley expressed the opinion that the applicants should
not block the drainage if it is the natural drainage, but otherwise, the zoning
should not be conditionally granted.
Council Member Holt's motion was seconded by Diaz, and the motion passed
by the following vote: Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye";
Lozano voting "Nay."
t, * * ., t t t is t * * t
Mayor Lozano announced the public hearings on five zoning applications.
City Manager Townsend announced the public hearing on Application No.
1078-13, Mr. Paul Ocker, for a change of zoning from "R -1B" One -Family Dwelling
District to "I-2" Light Industrial District on Lot 1, Block 9, Lexington Center,
and a portion of Lot 3, Section 4, Bohemian Colony Lands, located on the west side
of Ayers Street, known as the Viking Twin Drive -In Theatre.
Minutes
Regular Council Meeting
November 22, 1978
Page 7
Council Member Juarez stated that he would like to disqualify himself from
discussion of this application and from voting because he owns property in the
immediate area of the theatre.
City Manager Townsend informed the Council that both the Planning Commis-
sion and the Planning Staff recommend denial but in lieu thereof that "B-4" zoning
be granted with special provisions for a screening fence. Mr. Townsend stated
that in response to the notices of the public hearing, five in opposition and two
in favor had been returned.
Chief Planner Larry Wenger located the area on the zoning and land use
map, described the land use in the surrounding area, showed slides of the area,
and stated that the existing use of this tract of land is for a drive-in theatre
and a swaparama on weekends. Mr. Wenger noted that the theatre is operating as
a non -conforming use, since the theatre was located on this tract of land prior
to annexation. He further informed the Council that the owners began conducting
the swaparama after the tract was annexed; therefore, that is the reason for the
request for change of zoning. Mr. Wenger explained that the swaparama could be
conducted in the recommended "B-4" zoning, but the owners would have to comply
with certain regulations such as sufficient paving for parking.
City Manager Townsend pointed out that in order for the operation of the
swaparama to be legal, the parking area must be paved, and it is not at this time.
Mr. Townsend explained that the theatre is non -conforming legal use, but the
swaparama is non -conforming illegal use.
Mayor Lozano invited the applicant to speak at this time.
Mr. Bob Chapman of Corpus Christi Theatres, Inc., addressed the Council
and stated that Mr. Paul Ocker is the owner of the tract of land; the land is
leased by the Theatres; and the drive-in was established in 1956. Mr. Chapman
explained that they began operation of the swaparama in 1971, and they just
recently discovered that this wes in violation of the zoning ordinance. He
informed the Council that the drive-in theatre is paved in a certain manner with
caliche, and they are attempting to complete the paving but have had difficulty
because of inclement weather. Mr. Chapman stated that he learned from articles
Minutes
Regular Council Meeting
November 22, 1978
Page 8
in the newspapers that some people in the area are unhappy about the existence of the
theatre and the operation of the swaparama. Mr. Chapman assured the Council that if
the zoning is approved, the theatre will build the proper screening fence.
Council Member Sample inquired of Mr. Chapman if the theatre owners would
object to the construction of the screening fence and the asphalt paved parking lot,
and Mr. Chapman assured him that they did not object to such installations, and
they would accept the "B-4" zoning as recommended by the Planning Commission and
Staff.
Mayor Lozano called on the members of the audience who were opposed to
this zoning application.
Mrs. Charlene Brundidge, 5222 Bell Street, stated that she was speaking on
behalf of 21 of the 22 families who reside in the area of the drive-in theatre.
She informed the Council that those 21 families would be opposed to any zoning
that would make the swaparama a legal operation. Mrs. Brundidge reminded the
Council of the many grievances associated with the theatre that she had reported
to them some time ago, stating that it was her understanding that she was to
receive a report on the matter three weeks following her appearance before the
Council. Mrs. Brundidge informed the Council that she had never received a staff
report on the matter, and when she and other property owners had appeared at the
Planning Commission hearing on this application, the members of that commission
did not seem to be very sympathetic to the many problems the residents have
experienced. Mrs. Brundidge reminded the Council that because of the location of
the theatre, the property owners in the area have suffered from excessive noise,
pollution from flying dust generated by automobiles, drainage problems, litter
in the yards of the residents from both operations, obscene movies, and the
extreme traffic hazards created by both operations, but primarily the swaparama.
Mrs. Brundidge continued her presentation by advising the Council that she
had investigated various City ordinances and discovered that many ordinances are
being violated, particularly in connection with the swaparama operation. She
related the history of the annexation of the land in that area and informed the
Council that sewer improvements to the Lexington Subdivision were delayed until
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Regular Council Meeting
November 22, 1978
Page 9
twelve years after annexation. Mrs. Brundidge also contended that the theatre
should not be allowed to exist because it is located on land that is zoned "R -1B"
and pointed out that the swaparama has been operated illegally for many years.
She summarized her presentation by stating that the residents of this subdivision
have been treated as 'second-class citizens' for some time.
City Manager Townsend then presented Mrs. Brundidge with a copy of the
staff report that had been prepared following her previous appearance before the
Council in connection with this matter. He stated that he was no, aware that a
traffic light was to be installed at the intersection of Sacky and Ayers, as Mrs.
Brundidge had mentioned. Council Member Juarez informed City Manager Townseno
that this request had been presented to Mr. Tom Stewart, Director of Traffic and
Transit.
City Manager Townsend called to the Council's attention the fact that the
20% rule is in effect, and since one Council Member has disqualified himself from
voting, approval of this zoning request will require five votes.
Council Member Sample complimented Mrs. Brundidge on her outstanding pre-
sentation and the manner in which she had addressed the Council on two occasions.
Council Member Holt referred to Mrs. Brundidge's appearance several weeks
ago and stated that it was his understanding that the problems in the area were
increased due to the operation of the swaparama. Mrs. Brundidge agreed that this
was the worst part of their problem.
Council Member Holt commented that if the Council does not approve any
change of zoning, the swaparama can no longer be conducted, but the theatre could
continue to operate. City Manager Townsend confirmed this assumption and stated
that if the zoning is not approved, then some police action would be necessary to
stop the operation of the swaparama. Mr. Townsend also pointed out that if the
Council grants the "B-4" zoning, the theatre would be able to continue both oper-
ations, but all of the regulations of "B-4" zoning would have to be complied with.
Also speaking in opposition to the zoning request was Mrs. Louise Kizer,
5201 Bell Street, who stated that she had lived there for 31 years, and when the
theatre was built, their drainage problem was increased; the only improvements made
Minutes
Regular Council Meeting
November 22, 1978
Page 10
were sewer improvements in the 1960's; pointed out that the theatre was built after
the residents had established their homes there; and summarized her remarks by
stating that she agreed with all of Mrs. Brundidge's statements.
Council Member Sample referred to statements concerning noise pollution
caused by a loudspeaker and inquired as to the use of the loudspeaker. Mrs. Kizer
replied that the theatre advertises certain sale items on the loudspeaker, and it
can be heard all over the neighborhood.
No one else spoke in regard to this application.
Motion by Gulley that the hearing be closed, seconded by Diaz, ,nd passed
unanimously.
Council Member Gill suggested that the Council consider granting a special
permit with regulations for the operation of the swaparama.
Council Member Holt suggested that if the swaparama is allowed to continue,
then some arrangements should be made to allow the people participating to enter the
drive-in theatre as early as possible to prevent their inclination to park on the
streets of the subdivision. Mr. Holt then inquired of Mr. Chapman if it would be
possible to have someone on duty at the theatre as early as 4:00 or 5:00 a.m. to
allow those participating to enter the theatre property rather than parking on the
streets. Mr. Chapman replied that he was not aware that a traffic problem was being
created until the last few weeks. He informed the Council that he had discontinued
the operation of the loudspeaker at one time and that he has tried to take care of
complaints. Mr. Chapman assured the Council that he would be glad to allow those
participating in the swaparama to enter the drive-in theatre as early as necessary.
He also stated that the loudspeaker could be eliminated.
Council Member Holt stated that he would like to table the matter for about
a month to formulate plans to eliminate some of the nuisances associated with the
operation of the swaparama. Council Member Diaz agreed that this would be a good
idea. Council Member Sample stated that he did not feel that tabling the matter for
a month would serve any useful purpose. Council Member Holt contended that if Mr.
Chapman could run the swaparama properly so that it would not interfere with the
neighbors, then he felt that the property owners in the subdivision would be
Minutes
Regular Council Meeting
November 22, 1978
Page 11
reasonable.
Motion by Holt that Application No. 1078-13 be tabled for four weeks until
a report could be obtained about the operation of the swaparama during that period,
with Mrs. Brundidge to provide that report; seconded by Diaz; and passed unanimously.
.. .. .. .. .. .. .. * .. .. * ..
City Manager Townsend announced the public hearing on Application No.
1078-14, Mr. and Mrs. Joseph N. Elliott, for a change of zoning from "R-lB" One -
family Dwelling District to "F -R" Farm -Rural District on Lots 1 aid 2, Tract 3,
Waldron Subdivision Annex, located on the north side of Glenoak Drive between
Retta Drive and Waldron Road.
Mr. Townsend advised the Council that the Planning Commission recommends
approval, and the Planning Staff recommends denial on the basis that there is
activity in the adjacent area zoned for multiple family and a residential subdivi-
sion at the northeast tip which is not yet developed; there is sanitary sewer
available; and the tract is not affected by the noise exposure forecast of the
TRACOR Study. He also informed the Council 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, showed slides of the area and
explained that the staff is opposed to this change of zoning because there are
possibilities that the tract can be developed for "R -1B" use, which is so direly
needed in Flour Bluff.
City Manager Townsend stated that the proposed use for the tract is for a
landscaping construction office, greenhouses, and the wholesale activities for the
nursery.
Mayor Lozano determined that no one in the audience desired to speak in
regard to this application.
Motion by Diaz that the hearing be closed, seconded by Holt and passed
unanimously.
Mrs. Elliott, who was present in the audience, stated that she is opposed
to the staff's recommendation for denial.
Minutes
Regular Council Meeting
November 22, 1978
Page 12
Motion by Gulley that the Council concur with the recommendation of the
Planning Commission and grant the zoning of "F -R" on Application No. 1078-14;
seconded by Holt; and passed unanimously.
City Manager Townsend announced the public hearing on Application No.
1078-15, Mr. Lowell Mosley, for a change of zoning from "R -1B" One -family Dwelling
District and "SP" Special Permit to "B-1" Neighborhood Business District on Lot
12, Block 1, Koolside Addition, located on the west side of Airline Road approxi-
mately 275' south of Kimbrough Drive.
Mr. Townsend explained that both the Planning Commission and the Planning
Staff recommend denial of the "B -l" zoning but in lieu thereof, that "AB" zoning
be granted. He also stated that in response to the notices of the public hearing,
three in favor and two in opposition were returned.
`Council Member Juarez departed the meeting at 4:46 p.m.
Chief Planner Wenger located the tract on the zoning and land use map,
described the land use in the surrounding area, and showed slides of the area.
He stated that the owner desires to remodel and add to the existing building on
the property for use as an insurance office.
Mayor Lozano invited the applicant to speak at this time.
Mr. Lowell Mosley, the applicant, stated that he is opposed to the recom-
mended zoning of "AB" and displayed photographs of many businesses located in the
vicinity of his property. He stated that he prefers "B -l" zoning so that he will
be permitted to construct his building all the way to the property line on the
side. He urged the Council to grant his requested zoning of "B-1."
City Manager Townsend questioned Mr. Mosley as to why his proposed use
could not be accommodated in "AB" zoning, and Mr. Mosley replied that he desires
to have a larger sign at his insurance office than is allowed in "AB" zoning, and
he needs the building line further back than allowed in that type of zoning.
Mr. Mosley further explained that the former owner of this particular
property had been granted a special permit that allowed all uses under "8-1"
with the exception of businesses dispensing food, and stated that he would like
Minutes
Regular Council Meeting
November 22, 1978
Page 13
to have the same privileges.
City Manager Townsend inquired if the applicant was simply asking for appro-
val of the revised site plan, and Mr. Moseley stated that his application is for
"B-1" zoning, but he would accept a special permit that would allow "B-1" uses if
the Council would approve the revised site plan. Mr. Mosley explained that his
revised site plan eliminates the setback requirement on the side of his property.
City Manager Townsend explained to Mr. Mosley that he could build accord-
ing to the ordinance previously passed granting the special permL en this property,
but it would be impossible to eliminate the setback requirement on the side of the
property because it is adjacent to property that is actually zoned "R-16", and
the setback requirement on property adjacent to "R -1B" property is 10 feet. Mr.
Townsend suggested that this zoning application be tabled until a legal opinion
could be obtained in regard to this setback requirement, stating that he could
have a report in two weeks.
No one else spoke in regard to this application.
Motion by Holt that the hearing be closed, seconded by Diaz and passed
unanimously.
Motion by Holt that Application No. 1078-15 be tabled until December 6,
1978; seconded by Sample; and passed unanimously.
City Manager Townsend announced the public hearing on Application No.
1078-16, Carmelite Sisters, D.C.J., for a change of zoning from "AB" Professional
Office District to "1-2" Light Industrial District on Lots 1 through 4 and 9
through 12, Block 57, Bluff Subdivision, located between Sam Rankin Street and
North Alameda Street on the north side of 1-37.
City Manager Townsend noted that both the Planning Commission and the
Planning Staff recommend denial. He stated that the staff recommendation for
denial was based on the fact that they are of the opinion that this tract would
be better suited to multiple -family or professional office uses; that this is the
Washington -Coles area where the City has been working to upgrade the neighborhood
through various programs; and that the area just to the rear is Census Tract 4
Minutes
Regular Council Meeting
November 22, 1978
Page 14
which has been designated as a code enforcement development area and street improve-
ments are planned for the area to revitalize the neighborhood.
Chief Planner Wenger located the tract 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 prospective purchaser plans to use the tract for a construction company
office and yard.
Council Member Sample asked why "1-2" zoning would have an adverse effect
on the City's plans to upgrade the area.
City Manager Townsend explained that the Commission has designated this
area as a code enforcement development area and the uses allowed in "1-2" zon7'a
would not be compatible with the other uses in the neighborhood.
The applicant was not present to speak in regard to this request, and no
one spoke in opposition.
Motion by Gulley that the hearing be closed, seconded by Holt.
Council Member Sample expressed the opinion that a lot of study should be
given to this entire area before "1-2" is approved.
Mayor Lozano called for the vote on the motion to close the hearing, and
it passed unanimously.
Motion by Gill that the Council concur with the recommendation of the
Planning Commission and deny the requested zoning of "1-2" on Application No.
1078-16; seconded by Sample; and passed unanimously.
t, * * is is :4 k i i k t t.
City Manager Townsend announced the public hearing on Application No.
1078-18, City of Corpus Christi, for a change of zoning from "A-2" Apartment
House District to "AB" Professional Office District on Lots 1, 3, 9, 11, the
west 75' of Lot 10 and the south 3' of Lots 2 and 10, Block A, Park Place, located
on the south side of Agnes Street between Carrizo and South Tancahua Streets.
Mr. Townsend informed the Council that both the Planning Commission and
the Planning Staff recommend approval, and that in response to the notices of the
public hearing, six in favor and one in opposition were returned.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in *'-e surrounding area, showed slides of the area, and stated
that the Planning Commission requested the staff to initiate "AB" zoning because
Minutes
Regular Council Meeting
November 22, 1978
Page 15
the area is becoming oriented to professional office use.
Council Member Holt referred to the zoning summary and noted that one of
the property owners, Mrs. Clara R. Davy, is opposed to changing her property zoning
to "AB", indicating that she would prefer "B-1" zoning.
Council Member Gill inquired if the zoning is changed but the use remains
the same, would the tax structure remain the same, and City Manager Townsend
replied that he felt that if the zoning is changed, the taxes could be increased.
Mayor Pro Tem Gulley stated that he is opposed to changing someone's zoning
against their wishes and emphasized that he did not feel that this zoning should be
changed since Mrs. Davy is opposed to "AB" zoning on her property, since she h,.^
been contacted by a prospective purchaser who desires to purchase her property for
use for a convenience store.
City Manager Townsend informed the Council that the staff is not particu-
larly enthusiastic about this recommended zoning because the existing zoning is
rather compatible with other zoning in the area.
Mayor Lozano ascertained that no one in the audience cared to speak in
regard to this application.
Motion by Sample that the hearing be closed, seconded by Gulley, and
passed unanimously.
Motion by Gulley that zoning of "AB" be granted on Lots 1, 2, 10 and
11, Block A, Park Place, only and be denied on lots 3 and 9; seconded by Diaz.
City Manager Townsend pointed out that the two lots owned by Mrs. Davy
are the primary lots in this application.
Mayor Pro Tem Gulley then withdrew his previous motion, and Council
Member Diaz withdrew his second of the motion.
Motion by Gulley that the Council deny the zoning request of "AB" on
Application No. 1078-18; seconded by Diaz; and passed unanimously.
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items with explanations and recommended that:
Minutes
Regular Council Meeting
November 22, 1978
Page 16
a. A public hearing be held at 2:00 p.m. during the Regular Council Meeting
on December 6, 1978 on the contractual annexation of 26.7 acres located
south of Saratoga Boulevard and west of Chapman Ranch Road known as
Saratoga Industrial Place.
b. Recommendation that a public hearing be held at 2:00 p.m. during the
Regular Council Meeting on December 13, 1978 to open Bloomington Street
to Rockford Drive.
c. Bids be received at 11:00 A.M., Tuesday, December 12, 1978 on 45 folding
tables and 219 chairs for Senior Community Service centers. On August 23,
1978, the City Council approved a grant application for this equipment
The Federal Government will pay 75% of the equipment cost. The remainder
is from last year's program budget.
d. 2,900 ceramic road markers be purchased from AMERICAN CLAY FORMING PLANT,'
Tyler, Texas for $4,187. Bids were received from three firms. The
apparent low bid of $3,633.74 by Bowman Industries, Inc. of Newark,
California is not recommended because their bid was valid only if their
suppliers had the items at the time the order was placed. The apparent
low bid of $1,076 by Renco Supply of Austin is not recommended because
it is an incomplete bid.
e. An elevator maintenance contract for one year for the auditorium be awarded
to EMCO ELEVATOR COMPANY, Corpus Christi on the basis of low bid of $2,940.
Bids were received from three firms.
City Manager Townsend informed the Council that the specifications for the
foregoing elevator maintenance called for the contractor to keep all movable parts
lubricated, provide parts and lubricants to do this, inspect the elevators once a
month, and submit reports quarterly.
f. An agreement be executed with Woodland Creek Developers, Mr. G. Phil
Berryman, General Partner, for one half the cost of constructing street
improvements around the dedicated park in Woodland Creek Subdivision Unit II.
($9,110.87) The subdivision is south of Leopard (Highway 9) immediately
west of the County's Hilltop property.
g. Tax Roll Adjustments for 5-1-78 thru 7-31-78 be approved as follows:
City of Corpus Christi
Prior
Years'
1977 Levy Levies
Tax Levies 8-1-77 $18,294,043 $1,709,201
Previously Approved thru 4-30-78 (49,263) (4,436)
Recommended Change 5-1-78 to 7-31-78 (3,875) (1,746)
Tax Levies 7-31-78 $18,240,905 $1,703,019
The decrease in the 1977 City Tax Levy consists of a net decrease of
$2,150 in real property and $1,725 in personal property levies. Signi-
ficant real property adjustments include $1,181 for 21 taxpayers whose
Homestead Exemptions were approved and a decrease of $338 for property
of Mr. Ybarra because of an appraisal error. Personal property adjustments
include a decrease of $216 for property of the Art Establishment because
assessment was ',sed on wrong information, a decrease of $467 for Machinery
and Materials Company which firm had no taxable assets on January 1, and
$606 for Bay Area Foreign Parts due to bankruptcy.
Minutes
Regular Council Meeting
November 22, 1978
Page 17
h. A revocable easement be granted to Scotch Investment Company to permit
Holiday Inn -Emerald Beach to construct additional concrete sheet piling,
a concrete cap to retain and enlarge the existing sand beach, and a covered
sun deck on the east side of the hotel on and over the Bay on property
owned by the City of Corpus Christi. A Corps of Engineers permit and
General Land Office clearance have been obtained. A fee of $100 is recommended.'
i. A contract be awarded to Mr. Donald Lemon, 4739 Timon, Corpus Christi for
a five year lease on the "L" Head Bait Stand Concession for 27% of gross
sales with a minimum of $300 per month. The estimated annual income is
$17,832. Six bids were received. This is an increase of 14}% of gross
sales over the present lease which provided 12$ of gross with a $200
minimum. Mr. Lemon operates the Alamo Bait Stand on Corpu_ Christi Beach.
He has agreed to operate on a 24-hour basis, except during inclement weather.
The sublease of a bait stand at the Intracoastal Canal, formerly Graham's
Bait Stand, from Mr. R. E. Lambert to Mr. S. T. Russell be approved.
Mr. Lambert will continue to be responsible for all the obligations of his
lease, including annual rent of $1,080. The lease expires October 24, 1979,
and is for 1.55 acres on the John F. Kennedy Causeway which the City leases
from the Texas School Land Board.
J•
k. A change order to the Broadway Wastewater Treatment Plant Improvement contract
be approved for $29,712. The work includes installation of four butterfly
valves in the 20" inlet lines to the trickling filters, steel couplings
for each valve, short sections of pipe and concrete supports. The install-
ation of valves is necessary so that the flow into the filters can be
controlled. The present arrangement provided for metal gates on four sides
of a distribution box. The gates are deteriorated and inoperable. It is
further recommended that a 30 day extension be granted and an amendment
to the engineering contract to increase it by $1,484 be approved. No
additional appropriation is necessary. The Change Order is recommended
subject to EPA approval.
1. A waiver of the insurance and bond requirements of the Land Drilling Ordinance
be granted to Crystal Oil Company. The ordinance authorizes such waivers
to companies capable of meeting obligations in excess of $300,000. The
required letter of indemnity has been provided. The company's 1977 annual
report reflects a net worth in excess of $30,000,000. The company operates
68 wells on land in the City. Previous City Councils have granted waivers
to 8 other companies.
m. The City refund $1,100 to Mr. and Mrs. George M. Chatman upon their recon-
veyance to the City of Lot 14, Block 5, Carter Addition No. 2 (3250 Elgin).
The Chatmans have been unable to obtain title insurance which is required
by the lender to obtain a loan to build. The deed issued to the Chatmans
provides that, if a residential structure is not constructed within 3 years,
the property shall revert to the City and the City shall refund the purchase
price of $1,100.
n. Plans and specifications for the budgeted parking lot expansion at the
Gas Division office and yard at Port Avenue and Dillon Lane be approved
and bids be received on De:ember 20, 1978. Land for the project was
purchased in 1977-78. The lot will provide 112 parking spaces alongside
the Gas Division building and has been coordinated with the proposed
Port Avenue improvements.
Minutes
Regular Council Meeting
November 22, 1978
Page 18
o. The Fire Station Budget be amended to substitute an Assistant Chief for
a District Chief. The additional Assistant Chief would be the relief
officer for all Assistant and District Chiefs. This responsibility is
now carried out by a District Chief who is paid acting pay (approximately
61 months) when he serves as Assistant Chief. The additional cost will
be approximately $627 per year. It is timely to make this change because
one vacancy exists and the person who is now acting as Fire Marshal is
No. 2 on the Assistant Chief eligibility roster. The number 1 person on
the roster does not have experience in the Fire Prevention and Inspection
Office. The No. 2 person, who is now acting as Fire Marshal, works 8 a.m .
to 5 p.m. and is willing to continue in that position. The other Assistant
Chiefs work 24 hour shifts and have indicated that they do not want the
Fire Prevention assignment. By making the change at this time, the chief
officer in Fire Prevention will be someone who wants to be there and is
experienced in the office. The relief chief will be an Assistant Chief
which will eliminate acting pay and provide better continuity when one
of the Assistant Chiefs is on vacation or sick leave.
P•
q.
The firm of Lindsey & Newsom Insurance Adjusters be employed to provide
liability claims adjustment service on a time and expense basis at a
projected average rate of $27.48 per hour. Proposals were received from
6 firms with 5 firms including fees on a time and expense basis ranging
from $27.48 to $46.70 per hour. For the 12 month period April 1, 1977 -
March 31, 1978 the insurance carrier paid 424 claims. Assuming an average
of 3 hours per claim at $27.48, claims adjustment service would cost $34,955
for 12 months. Flat fee proposals ranged from $40,704 to $50,000.
A grant offer from the Environmental Protection Agency for $10,146,668 for
planned construction work at the Oso Wastewater Treatment Plant be accepted.
The grant offer includes the first four of six contracts. The first three
will include a large lift station at the plant, two lift stations along
the route to Saratoga Boulevard at Williams and Daly and at Wooldridge
near Airline, related force mains and gravity system, renovation of the
Country Club lift station near Everhart and construction of a new lift
station at Staples and Saratoga. Contract four involves improvement and
enlargement of approximately half of the treatment plant. The grant from
EPA will cover 75% of the cost with 1972 and 1977 bond funds providing the
City's 25% share. A grant offer on the two remaining contracts will be
submitted at a later date.
r. The recommendation of the Park and Recreation Board be approved that a
contract be authorized with Mr. Jimmy E. (Red) Taylor for golf professional
services at the Oso Municipal Golf Course for $200 per month, including
leasing of the golf pro shop for three years for 5% of gross receipts,
including merchandise sales and golf lessons up to $50,000, an additional
21% from $50,000 to $75,000 and an additional 5% over $75,000, plus 10%
of all income from goff carts. These are the same terms as provided in
the 3 -year contract with Mr. Tom Lawrence which expires on November 30,
1978. Mr. Lawrence is retiring as of December 1, 1978.
s. Plans and specifications for additional security improvements at the
International Airport concourse be approved and bids be received December 27,
1978. Plans include installation of glass panels over the existing fence
on the south side of the concourse from Gates 1 and 2 to 5 and 6 and
aluminum grills and glass doors at Gates 1 and 2. Approval by the Federal
Aviation Agency will be required prior to bids being received.
t. An amendment to the architectural contract with Cotten -Landreth Architects
be approved to provide for preparation of plans and specifications for
concourse security measures at the Corpus Christi International Airport
and $2,000 be aprropriated.
Minutes
Regular Council Meeting
November 22, 1978
Page 19
u. Authority be granted to accept a grant of $4,500 from the U. S. Travel
Service. The grant will be used by the Convention and Tourist Bureau
with an additional $4,500 from the Bureau's budget to conduct an advertising
campaign in newspapers and magazines in Canada to promote tourism. The
application for this grant was approved by the City Council on August 16,
1978.
v. McMoRan Exploration Co. be granted a permit to drill the State Tract 348
Well #1 in Corpus Christi Bay. The proposed location is one mile southeast
of the ship channel between Ingleside and Port Aransas. The permit has
been properly applied for and no exceptions to the Bay Drilling Ordinance
are requested.
Mayor Lozano called for comments or questions from the Couni.i1 on the City
Manager's Reports.
Council Member Gill referred to Item "k," which concerns a change order
to the Broadway Wastewater Treatment Plant Improvement contract, and inquired as
to how the budget is amended when a change order is necessary. City Manager
Townsend stated that the ordinance authorizing execution of the contract on this
project provided for ample funds in the contingency fund for this change order.
Mayor Lozano called for comments or questions from members of the audience
on the City Manager's Reports. There was no response.
Motion by Sample that the City Manager's Reports, Items "a" thru "v," be
accepted; seconded by Diaz; and passed unanimously.
Mayor Lozano called for the ordinances. City Manager Townsend briefly
explained the ordinances.
Council Member Gill inquired about the ordinance authorizing the bait
stand lease and inquired if it would be operated on a 24-hour per day basis.
City Manager Townsend referred to a copy of the proposed contract and replied that
the hours specified for such operation are from 5:00 a.m. until 11:00 p.m. daily
except when the temperature is below 32 degrees or storms are threatening. Mrs.
Gill contended that the bait stand should be open much earlier than 5:00 a.m.
because many people fish earlier tan that.
Discussion followed in regard to the second reading calling an election
upon the question of adopting an amendment to the City Charter of the City of
Corpus Christi, and it was the consensus of the Council that the ordinance could
Minutes
Regular Council Meeting
November 22, 1978
Page 20
be read for the second time and amended, if necessary, after the public hearing
which is scheduled for December 5, 1978.
Mayor Lozano called for comments from the audience on the ordinances.
Mrs. Dorothy Bourke Spann, 502 Del Mar, indicated that she would like to
address the Council in regard to the proposed Charter Amendment Election. Mrs.
Spann referred to the planned advertising program to attract tourists from Canada
and expressed the opinion that if the Hoag petition is approved and the City
budget is greatly reduced, there will be nothing in this City to attract tourists.
Mrs. Spann urged that the ordinance not be voted on today and suggested chat a
reasonable fiscal proposal be placed on the ballot so that the voters will havL a
choice when voting on the Charter amendment.
Council Member Holt informed Mrs. Spann that a public hearing on the
Charter Amendment Election will be conducted on December 5, 1978 at 7:00 p.m. in
the Coliseum and suggested that she attend and make her views known to the Council.
Speaking in regard to the same matter was Mr. Ed Ostergard, 1925 Merriman,
who commended the Council and other individuals who have evidenced so much concern
about the livelihood of Corpus Christi. He also pointed out that Mayor Pro Tem
Gulley and Council Member Holt have indicated their concern about the excessive
taxes in Corpus Christi. Mr. Ostergard then referred to an article in the Corpus
Christi Caller -Times in which he was quoted as having stated that City Manager
Townsend is a 100% bureaucrat, indicating that he felt that this is true. He
further stated that he would like to clarify the assumption that everything in
the City is going to deteriorate if the Hoag Charter Amendment is approved, stating
that this is simply not true. Mr. Ostergard further referred to the same newspaper
article in which it was mentioned that Mr. Hoag's petition was very difficult to
interpret, noting that Mayor Pro Tem Gulley did not have any difficulty understand-
ing the petition the first time he read it, but everybody seemed to have a problem
understanding the petition after City Manager Townsend pointed out the problems that
were encountered in interpreting the petition.
Mr. Ostergard continued his presentation by alleging that the Hoag amend-
ment will be approved regardless of how many amendments are placed on the ballot.
He emphasized that he felt that passage of the amendment would not stop the growth
of the City; expressed the opinion that City Manager Townsend is a bureaucrat but
Minutes
Regular Council Meeting
November 22, 1978
Page 21
is quite capable of managing the City on $5 million less than the amount now included
in the budget; and stated that "scare" tactics were being used in some cities in
California in that lower echelon employees are being eliminated from the employ of
various cities in order to effect a savings and operate the cities within their
reduced budgets. Mr. Ostergard concluded his presentation by stating that he and
others plan to do everything possible to see that the Hoag amendment is passed.
Also speaking in regard to the Charter Amendment Election was Mr. Harold
Alberts, 702 Wilson Tower, who stated that he felt that the Hoag ,mendment is an
atrocious amendment which would be devastating to the City of Corpus Chiistl if it
is passed, but that he would vote in favor of the amendment because he and ot„=r
people in this community are "fed up" with trying to obtain a reasonable reduction
in taxes. Mr. Alberts informed the Council that there is a rumor in the City that
the Council plans to offer an alternative amendment to the Hoag amendment which
would be meaningless and would not effectuate a realistic tax decrease. He stated
that such action would be deceitful and requested that the citizens be provided an
alternative amendment on which to vote that would actually represent a tax savings.
The next citizen addressing the Council on this same matter was Mr. Jim
Dobkins, 5426 Chevy Chase. Mr. Dobkins informed the Council that he had only lived
in Corpus Christi for approximately one and a half years. He stated that he is
quite concerned about the tax situation here, because the taxes on his home in
Corpus Christi are almost double the taxes he paid on a comparable home in Houston.
Mr. Dobkins further stated that he had helped circulate the first Hoag petition but
had declined to circulate the amended petition because he felt that it would be
too detrimental to the operation of the City. He concluded his remarks by urging
that the Council place a good alternative amendment on the ballot,because otherwise,
the Hoag amendment will be approved, noting that everyone wants some type of decrease
in taxes. He did commend the Council for changing the method of valuation to 100%,
since this is less confusing to citizens than the percentage figure formerly used.
There were no further comments on the ordinances. City Secretary Read
polled the Council for their votes, and the following ordinances were approved:
Minutes
Regular Council Meeting
November 22, 1978
Page 22
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH DONALD LEMON
FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR A BAIT STAND, 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, Holt, and Sample voting "Aye"; Gill, "Nay";
Juarez, "absent".
FIRST READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH JIMMY E. (RED)
TAYLOR AS GOLF PROFESSIONAL AT A COMPENSATION OF $200 PER MONTH Al THE OSO MUNICIPAL '
GOLF COURSE; LEASING TO SAID JIMMY E. (RED) TAYLOR THE GOLF PRO SHOP AT THE OSO MUNICIPAL
GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO
THE CITY OF FIVE PERCENT (5%) OF GROSS RECEIPTS ON ALL FUNCTIONS OF THE PRO SHOP,
INCLUDING MERCHANDISE SALES AND GOLF LESSONS, TEN PERCENT (10%) OF ALL INCOME FNN
GOLF CARTS, AND AN ADDITIONAL TWO AND ONE-HALF PERCENT (2i%) OF TOTAL GROSS RECEIP,.
FROM $50,000 TO $75,000, AND AN ADDITIONAL FIVE PERCENT (5%) OF TOTAL GROSS RECEIPTS
OVER $75,000, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye':';
Juarez, "Absent".
SECOND READING:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BUCCANEER COMMISSION,
INC., COVERING A PERIOD OF FIVE YEARS FOR THE USE OF CERTAIN PORTIONS OF CITY PROPERTY
LOCATED NEAR THE MUNICIPAL COLISEUM, THE USE OF SAID GROUNDS NOT TO EXCEED ELEVEN (11)
DAYS DURING ANY CALENDAR YEAR OF THE LEASE TERM HEREOF, AND COVERING A PORTION OF THE
MUNICIPAL COLISEUM FOR OFFICE SPACE FOR SAID BUCCANEER COMMISSION, INC., ALL AS MORE
FULLY SET FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A".
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, and Sample voting "Aye";
Juarez, "Absent".
SECOND READING:
ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 20TH DAY
OF JANUARY, 1979, UPON THE QUESTION OF ADOPTING AN AMENDMENT TO THE CITY CHARTER OF
THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING FOR PLACES WHERE SUCH ELECTION SHALL BE
HELD; PROVIDING FOR THE HOLDING OF SUCH ELECTION SETTING FORTH PROPOSITION TO BE
VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION; PROVIDING SEVERABILITY.
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, and Sample voting "Aye";
Juarez, "Absent".
THIRD READING - ORDINANCE NO. 14628:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND
THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION
OF THE BAYFRONT, FOR MAINTENANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED
PILINGS AND FOR PIER PROPOSED TO BE CONSTRUCTED BY SAID YACHT CLUB, ALL AS MORE
FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
Minutes
Regular Council Meeting
November 22, 1978
Page 23
THIRD READING - ORDINANCE NO. 14629:
REPEALING ORDINANCE NO. 13424, PASSED SEPTEMBER 29, 1976; GRANTING BLUEBONNET TRANSPORTATION
COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF
THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A
CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF
EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING
CALENDAR MONTH; REQUIRING 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 third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent". '
THIRD READING - ORDINANCE NO. 14630:
GRANTING CORPUS CHRISTI TRANSPORTATION COMPANY, A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS: PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GRG.»
RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE
FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING 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 third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
THIRD READING - ORDINANCE NO. 14631:
GRANTING RED TOP CAB CO., A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC
THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING TAXICABS;
PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS RECEIPTS PAYABLE ON OR BEFORE
THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE FROM THE GROSS RECEIPTS FOR
THE PRECEDING CALENDAR MONTH; REQUIRING 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 third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
THIRD READING - ORDINANCE NO. 14632:
GRANTING LONNIE KING, D/B/A KING CAB COMPANY, INC., A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS
RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT DUE
FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING 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 third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
Minutes
Regular Council Meeting
November 22, 1978
Page 24
THIRD READING - ORDINANCE NO. 14633:
GRANTING JOE E. MANUEL, D/B/A STAR CAB COMPANY, A FRANCHISE ON AND OVER THE PUBLIC
STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE
PURPOSE OF OPERATING TAXICABS; PROVIDING FOR A CHARGE OF TWO PER CENT (2%) OF GROSS
RECEIPTS PAYABLE ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE AMOUNT
DUE FROM THE GROSS RECEIPTS FOR THE PRECEDING CALENDAR MONTH; REQUIRING 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 third time and passed finally by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent". '
ORDINANCE NO. 14634:
GRANTING A REVOCABLE EASEMENT TO SCOTCH INVESTMENT CO. TO PERMIT THE HOLIDAY INN -
EMERALD BEACH TO CONSTRUCT ADDITIONAL CONCRETE SHEET PILING, A CONCRETE CAP TO
RETAIN AND ENLARGE THE EXISTING SAND BEACH AND A COVERED SUN DECK ON THE EAST
SIDE OF THE HOTEL ON PROPERTY OWNED BY THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY
SET FORTH IN THE REVOCABLE EASEMENT, 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 passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent'.
ORDINANCE NO. 14635:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WOODLAND CREEK DEVELOPERS,
G. PHIL BERRYMAN, GENERAL PARTNER, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS
FOR ONE-HALF THE COST OF CONSTRUCTION OF IMPROVEMENTS AROUND THE DEDICATED PARK
ABUTTING WANDERING CREEK DRIVE IN THE WOODLAND CREEK SUBDIVISION UNIT II, A SUBSTAN-
TIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; APPROPRIATING $9,110.87 OUT OF NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF
CONSTRUCTION COST APPLICABLE TO PROJECT NO. 220-72-61, WOODLAND CREEK SUBDIVISION
UNIT I1; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
ORDINANCE NO. 14636:
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 DRILL COLLAR INSPECTION COMPANY,
INC. FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT, ALONG THE WEST
PROPERTY LINE OF LOT 3, BLOCK 1, HUDSON ACRES ANNEX, SITUATED IN -THE CITY OF CORPUS
CHRISTI, NUECES COUNTY, TEXAS, BUT REQUIRING INSTEAD THAT A CHAIN-LINK FENCE BE
CONSTRUCTED WITH APPROPRIATE LANDSCAPING TO SCREEN THE VIEW; 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 passed by the following
vote: Lozano, Gulley, Diaz, Gill, ,colt, and Sample voting "Aye"; Juarez, "Absent".
ORDINANCE NO. 14637:
AMENDING THE BUDGET FOR FY 1978-79, ADOPTED BY ORDINANCE NO. 14415, BY AMENDING THE
FIRE DEPARTMENT BUDGET FOR ACTIVITY 3345 (FIRE STATIONS) SO AS TO DELETE ONE POSITION
OF DISTRICT FIRE CHIEF AND SUBSTITUTING IN LIEU THEREOF AN ADDITIONAL POSITION OF
ASSISTANT FIRE CHIEF, GRADE 32; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, G111, Holt, and Sample voting "Aye"; Juarez, "Absent".
Minutes
Regular Council Meeting
November 22, 1978
Page 25
ORDINANCE NO. 14638:
AUTHORIZING THE CITY MANAGER TO ACCEPT AND EXECUTE A GRANT OFFER IN THE AMOUNT OF
$10,146,668 FROM THE ENVIRONMENTAL PROTECTION AGENCY, AND ALL SUBSEQUENT AMENDMENTS
THERETO, FOR STEP 3 WORK AS OUTLINED IN THE FIRST FOUR OF SIX CONTRACTS ON THE OSO
WASTEWATER TREATMENT PLANT, A SUBSTANTIAL COPY OF SAID OFFER BEING ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
•
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting 'Aye"; Juarez, "Absent'.
ORDINANCE NO. 14639:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ARCHITECTUAL CONTRACT
,WITH COTTEN-LANDRETH ARCHITECTS FOR DESIGN OF IMPROVEMENTS TO THE V RMINAL BUILDING
AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, SAID AMENDMENT PROVIDING FUR ADDITIONAL
•DESIGN WORK FOR ADDITIONAL CONCOURSE SECURITY MEASURES, A COPY OF WHICH IS ATTACHED
HERETO AND MADE A PART HEREOF MARKED EXHIBIT "A"; APPROPRIATING $2,000 OUT OF THE
NO. 255 AIRPORT BOND FUND, APPLICABLE TO PROJECT NO. 245-77-4.1, SECURITY SCREEN:MG/
CONCOURSE RENOVATION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent'.
ORDINANCE NO. 14640:
AUTHORIZING THE CITY MANAGER TO ACCEPT A GRANT FROM THE U. S. TRAVEL SERVICE OF THE
U. S. DEPARTMENT OF COMMERCE OF $4,500 IN FEDERAL FUNDS TO CONDUCT AN ADVERTISING
CAMPAIGN IN CANADA TO PROMOTE TOURISM IN CORPUS CHRISTI, AS MORE FULLY SET FORTH
IN THE APPLICATION; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY
BE NECESSARY TO IMPLEMENT THE PROPOSED PROGRAM; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez, "Absent".
ORDINANCE NO. 14641:
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 MR. AND MRS. JOSEPH N. ELLIOTT
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, TRACT 3, WALDRON
SUBDIVISION ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "F -R" FARM RURAL 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 passed by the following
vote: Lozano, Gulley, Diaz; Gill,. Holt, and Sample voting "Aye"; Juarez, "Absent".
Mayor Lozano called for petitions or information from the audience on matters
not scheduled on the agenda:
Mrs. Jeaneen McMasters; 502 Sorrell, appeared before the Council and urged
that the position of Human Relations Coordinator be filled as soon as possible. She
stated that she understood that approximately 40 applications have been received for
the position and stated :at as Chairman of the Human Relations Commission, she would
Minutes
Regular Council Meeting
November 22, 1978
Page 26
like to have a report on the status of this position as soon as possible. Mrs.
McMasters continued by explaining the urgent need for a director of this department,
stating that the office averages 70 inquiries per month and they have a tremendous
case load. She also pointed out the need to employ a Coordinator so that the
agency status could be designated as a 709 rather than 706.
City Manager Townsend stated that the City has a year in which they can request
that the status be changed from a 706 agency to a 709 agency and explained the dif-
ference between the two categories. Mr. Townsend further explain_' that Assistant '
City Manager Archie N. Walker is in charge of interviewing applicants for this
position, and he has not received a report from Mr. Walker on the status of the
matter. He indicated that he felt that Mr. Walker will probably begin interview-
ing applicants next week.
There being no further business to come before the,Council, on motion by
Holt, seconded by Gulley, and passed unanimously, the Regular Council Meeting was
adjourned at 6:55 p.m., November 22, 1978.
DZ