Loading...
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 Minutes 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