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HomeMy WebLinkAboutMinutes City Council - 12/13/1978PRESENT: 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 DECEMBER 13, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Very Reverend Thomas Meany of the Corpus Christi Diocese. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Mayor Lozano presented retirement plaques to the following employees: Mr. Mr. Mr. Mr. Mr. EMPLOYEE DEPARTMENT Eddie Carter Transit Bruno Gonzales Transit Frank Eicholz, Sr. Transit Euell Franklin Transit C. B. Mauricio Police POSITION Garage Serviceman II Bus Operator Transit Supervisor III Equipment Mech. III Police Lt. YEARS OF SERVICE 35 34 36 38 35 Mayor Lozano announced the presentation of graduation certificates to City employees who participated in the training course sponsored by the Interna- tional City Manager's Association. City Manager R. Marvin Townsend explained that this training course was conducted by Mr. James K. Lontos, P.E., Director of Engineering and Physical Deve- lopment, and that it was unique in that employees from several departments partici- pated in the course. Mayor Lozano, assisted by Mr. Lontos, presented graduation certificates to the following City employees: Albert C. Chamberlain, Planning Technician II Guillermo Pulido, City Planner Robert Garnet Mitchell, Planning Technician III Randolph Charles Moravec, Administrative Assistant Richard Haynes, Engineer II Blaine K. Farnsworth, Planning Technician II Donna K. Douglas, Administrative Assistant Victor S. Medina, Construction Engineer Marion F. Brown, Paving Coordinator Mickey Raasch, City Planner II Richard Mitchell, Street Superintendent Minutes Regular Council Meeting December 13, 1978 Page 2 Mayor Lozano announced the bid opening on the following Engineering project: Construction of a 50 -space parking lot at the north end of Cole Park and storm sewer improvements in the park and McGee Beach. The storm sewer will eliminate the wash -outs which have occurred near the seawall at McGee Beach. The Cole Park work was included in the 1977 bond election. Mr. Lontos opened bids from the following companies on this project: APCCO, B & B Builders, and Armor Constructors, Inc., all of Corpus Christi, and advised the Council that all three companies had submitted the proper bid security check with their bid. Mayor Lozano noted that the apparent low bidder was Armor Constructors, Inc., but stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * * * * * * * Mayor Lozano announced the public hearing on the opening of Bloomington Street to Rockford Drive. City Manager Townsend explained that this public hearing has been scheduled because of the request of a number of individuals, including representatives of the West Oso Independent School District and residents of the Molina area, at various times in the past, that the street be opened in order to provide better access for residents of the Molina area and for students attending Kennedy Ele- mentary School. Mr. Townsend further informed the Council that the staff agreed that the opening of Bloomington Street would provide better access but that the land involved is owned by people who are unwilling to provide right-of-way for the street extension and also have indicated that they would be opposed to the payment of any assessments if the street is opened. City Manager Townsend stated that legally, 90% of the paving of the street and 100% of the sidewalk improvements could be charged the property owner. He indicated that there is a need for the Council to determine whether or not the street should be extended to Rockford Drive, either in the location recommended by the staff, or in a nearby location in order to provide better access to the elementary school. City Manager Townsend emphasized that this public hearing is just the first necessary step of the process .rotes Regular Council Meeting December 13, 1978 Page 3 of extending the street; the next step would be to design the construction plans; acquire the necessary land; and take the usual action in regard to assessments. City Manager Townsend stated that the owner of the land involved might be present to express his opinion about the extension of the street. Mayor Lozano called on members of the audience who wished to speak on this matter. Mr. Robert C. White, 1702 Darcy, spoke in favor of opening Bloomington Street because the residents of Molina Addition have difficulty in gaining access to Kennedy Elementary School. Mr. White indicated that it was immaterial to him whether or not the street connected to Archdale Drive or Darcey Drive. He stated that as President of the Board of the West Oso Independent School District, he would like to urge the Council to approve the extension of Bloomington Street. Also speaking in favor of the street extension was Mr. Jose Sepida, 4202 Molina, who expressed the opinion that if the street is opened, access to Kennedy Elementary School and safety for the children walking to school will be provided. Mr. Sepida also expressed concern about egress from the area in the event of a fire unless the street is opened. Mrs. Rhoda Garza, Principal of Kennedy Elementary School, agreed with the statements made by Mr. White and Mr. Sepida and stated that better access to the school is needed. Mr. Luciano Ramos, Administrative Assistant for Business Affairs for the West Oso Independent School District, explained to the Council that the extension of this street would facilitate the bus transportation for the Kennedy Elementary School and also the transport of food to the school. Mr. Ramos also expressed the opinion that the opening of Bloomington and the installation of sidewalks along that street would provide a safe route for the children who attend that school. Discussion followed in connection with sidewalks; it was determined that asphalt walkways exist along Rockford Drive; and City Manager Townsend stated that if Bloomington is extended, he will recommend the construction of concrete sidewalks along Rockford Drive. Mayor Pro Tem Gulley noted that the owner of the property on which the street will be located was not present and questioned whether or not he was aware that the public hearing was being conducted. Minutes Regular Council Meeting December 13, 1978 Page 4 City Manager Townsend suggested that the hearing remain open until the staff determines whether or not the owner received a notice of the public hearing. Motion by Holt that the matter be tabled until January 3, 1979, to enable the owner of the affected property to provide a reply to the proposed street extension; seconded by Gulley. Mr. Lontos stated that the staff has discussed this matter with the owner and he has expressed opposition to the street opening. City Manager Townsend informed the Council that he will ask Mr. Lontos to contact the owner before the hearing is closed. Mayor Lozano called for the vote on the motion to table this matter, and the motion passed unanimously. Mayor Pro Tem Gulley inquired if there is any merit in constructing such a street as the Bloomington extension so that it will not intersect with another street in order to provide slower movement of traffic. Mr. Lontos replied that there are certain regulations in regard to the distance required between street intersections. City Manager Townsend called the Council's attention to the fact that even if Bloomington Street is opened, it will not be'a through street and the traffic should not be hazardous but explained that this could be worked out when the plans are prepared. Mayor Pro Tem Gulley pointed out that if the street is offset, the street name would not have to be changed and suggested that this be discussed with the Department of Traffic and Transit. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations and recommended that: a. Bids be received at 11:00 a.m., Tuesday, January 2, 1979 on the following: (1) A one-year contract for field tire repair service for City -owned equipment to supplement services provided by the City Garage. (2) 200 two-inch tallow trees, 150 two-inch cottonwood trees, 50 two-inch live oak trees and 125 eight to ten -foot palm trees for various City parks. (3) A one-year supply (approximately 675,000 pounds) of 50% hydrogen peroxide and related storage tanks for the Wastewater Services Division. Peroxide is used for in-line treatment and odor and corrosion control at the Broadway and Westside Wastewater Treatment Plants and in the McArdle trunk main under a program initiated three years ago. _—nutes Regular Council Meeting December 13, 1978 Page 5 b. A 5' x 130' utility easement out of Tracts 1 and 2, Block 1, Pearson Tract be abandoned at the request of the abutting property owner. The property is being replatted. All affected departments concur. The property is located east of Waldron Road and north of Wilson Street. C. The Theatre Lighting Equipment Project be accepted and final payment of $7,200 for a total of $72,000 be made to Pran Lighting International, Inc. In addition, it is recommended that the contract with Strand Century Incorporated for auditorium lighting and dimming equipment ($162,280) be accepted.Only the contract for wiring for the lighting improvements, including the two chandeliers, remains to be completed. d. $6,400 be appropriated to pay the Texas Department of Highways and Public Transportation for additional costs on City=financed items on the Airline Road, Padre Island Drive to Alameda Improvements. The project is jointly financed by the City, State and Federal Governments under the Urban Systems Program. The cost, based on the low bid of Heldenfels Brothers, is estimated to be $387,463 with the City's portion $13,360 and the State and Federal Governments' portion $373,793. e. The following actions be taken relative to Ella Barnes Unit II Street Improvements: (1) The paving assessment hearing held on Wednesday, December 6, 1978 at the Zavala School, be closed and the assessment roll adopted. The roll totals $233,496.33 for 284 items, including the adjustments recommended by Mr. Holly. (2) The City be authorized to accept a sidewalk easement from Ms. Wanda F. Garcia (item No. 186) so that the existing sidewalk along the west side of Bright Street at Morgan can be a public sidewalk and the proposed sidewalk at this location can be deleted and the assessment reduced accordingly. (3) The street improvement contract be awarded to Isles Construction d Company for $618,322 and $655,000 be appropriated including testing, engineering during construction and related expenses. f. The following actions be taken regarding Sacky Drive Street Improve- ments from west of Bonham Drive to Kostoryz Road: g- (1) The paving assessment hearing held on Wednesday, December 6, 1978, be closed and the assessment of $16,843.41 (8 items) be adopted. (2) The contract be awarded to Asphalt Concrete Paving Company for $44,234.34, and $53,000 be appropriated, including engineering fees, testing and related expenses. Plans and specifications for sanitary sewer improvements in Nueces Acres Subdivision be approved and bids be received on January 17, 1979 for this 4th Year Community Development project which provides for the installation of a lift station, force main and gravity lines, in the Nueces Acres Subdivision at Violet Road. Lines will be extended in Mallard, Widgeon, Haven, and Nelon Drives, Coverdale Street and Violet Road. Minutes Regular Council Meeting December 13, 1978 Page 6 City Manager Townsend explained that the foregoing project involves some changes in the Community Development program in that the project has been enlarged somewhat. Council Member Holt inquired about the reason for the change in scope of the project, and City Manager Townsend replied +hat it was his understanding that it was enlarged because a lift station is included in the project. He located the area of the project on the map and stated that he will ask Mr. Lontos, Director of Engineering and Physical Development, to core to the Council Chambers to explain. Mr. Lontos arrived shortly thereafter and explained that the first estimate made by the staff did not take into consideration the required depth of the lines, and according to the final design, the lines were lower and and the lift station was enlarged. City Manager Townsend informed the Council that a survey was compiled from residents of the Nueces Acres area, and 77% of the residents have requested sewer service. h. A grant application be submitted to 02, ACr,,,'7 Agency for $48,603 for continuation of the Retired Senior Voluntcor "rograk, from April 1, 1979 through March 31, 1980. The City'; budq_=ted share is $14,781 (cash $13,781, in-kind $1,000). 11,r p. ..y ,, .-ploys a coordinator, a clerical position and 2 part 1-r' ho . -' • � , -� i. The City Manager be authorized to ,xc,.u1,- division Orders when such Division Orders are necessary to r,fL__. th Citv's proportionate share in a pooled mineral unit fox ^._oduct.ux of oil and/or gas from a single well and where the City'-: nrnper .onate •.hare corresponds to the terms of a valid mineral iel ,-x-•t,,nn.i: approved by the City Council. j• 16,672 sq. ft. of office space in th' Vtiober Building at 321 Mesquite Street be leased at 25per sq. ff. month for 2 years and one month, November 1, 1978 - Novc'sbez 30, 1000, with option to renew for 3 one year periods, includin.t t',, 5: •vr. parking lot adjacent to the Weber Building. The Finan�c Pepartt-u.,t has occupied the second and third floors for the past live v•'r . The Department needs the additional office space of the tir7t Eloor to move the Collection Section from the second floor to the first floor, Internal Auditing from the third floor to the first flr,or, and the Tax Division appraisal section from the Katz Building to the Weber Building second floor. Office Space Rental Sq. Ft. Monthly Annually First Floor Second Floor Third Floor Parking Lot rental - 52 spaces 2,672 @25C $ 6b8 $ 8,016 7,000 1,750 21,000 7,000 " 1,750 21,000 16,672 @ 259 $4,168 $50,016 Total Rental 450 5,400 $4,618 $55,416 When the Katz Building is vacated, an a•,uual cost reduction of $1,900 will result. Minutes Regular Council Meeting December 13, 1978 Page 7 k. Lease renewal be approved with W. W. Jones Properties for 4,608 square feet on the third floor of the Jones Building for 11 months commencing November 1, 1978 through September 30, 1979 for a monthly rental of $1,935, and 576 square feet on the fourth floor for 9 months, commencing January 1 through September 30, 1979 for a monthly rental of 8242, for the CETA Administration Office. The lease contains a one-year renewal option. The owner pays utilities, janitorial services, and routine building maintenance. The rent of $.42 per square foot includes $.04 per square foot*to,off-set moving offices to provide the additional space. The present lease" is for 1711 square feet @$.33 per square foot per month. 1. A lease renewal be approved with W. W. Jones Properties for 5,559 square feet of office space, 600 square feet of storage and 30 parking spaces at the Jones Building for 18 months from November 1, 1978 through April 30, 1980 for Data Processing. The existing lease of 4,932 square feet at 8.34 per square foot began on November 1, 1973 and included 600 square feet of storage and 30 parking spaces. The proposed lease increases office space by 627 square feet to 5,559 at $.34 per square foot for the first 12 months and $.37 per square foot the last six months. The additional 627 square feet is required because of floor space taken in expanding the computer equipment room earlier this year. 30 parking spaces are proposed to be leased at $17.05 each per month during the first 12 months and $19.00 each the last six months. The 600 square feet of storage space will be leased at $.17 per month. Rental for the first 12 months will be $2,503.56 per month increasing to $2,728.83 per month during the last six months. The owner will pay utilities, janitorial service and routine building maintenance. The lease can be cancelled for non -appropriation of funds with a 60 day notice prior to the beginning of a new budget year. Parking can be cancelled at any time with a 60 day notice. ' City Manager Townsend explained that the additional space in the Jones Building as listed in Item "1" is to provide office space for additional per- sonnel for CETA Administration. Council Member Gill inquired as to how many new employees will be in the CETA Administration, and Mr. Ernest Briones, Director of Planning and Urban Development, replied that there will be eight new employees. He also explained that there will be no renovation of the leased space, but there will be a committee room leased in the building. City Manager Townsend indicated that he is not completely satisfied with the parking spaces connected with these leases. m. 104 be accepted as the cost of untreated water to the Alice Water Authority, City of Mathis and San Patricio Municipal Water Supply District as of June 1, 1978. The water supply contracts with these governments provide that the price shall be the published water rate ($.11) or actual cost; whichever is less. The contract formula for determining cost does not clearly provide a procedure for including Choke Canyon costs since the dam had not been initiated when the Alice and San Patricio contracts were approved. Both districts have agreed to recognize 3.82 of Choke Canyon costs in the total cost calculation of 9.91 or $.10. The contracts require actual cost to be based on prior year's expenditures. The published rate is based on cost forecasts. The $.10 rate will be in effect through May 31, 1979. Minutes Regular Council Meeting December 13, 1978 Page 8 City Manager Townsend informed the Council that this matter concerns the price of untreated water to Alice and the San Patricio Municipal Water Supply District. Mr. Townsend also explained that the City has a total of four customers to whom raw water is sold -- Celanese, Suntide Refinery, Alice and San Patricio Water District. He reminded the Council that the City of Mathis will be a customer as soon as their plant is completed. City Manager Townsend explained in detail the history of these customers and summarized by stating that according to the contracts with Alice and San Patricio District, the City of Corpus Christi may charge these entities the published water rate, which is $.11, or the actual cost, whichever is less. He continued by stating that both districts have recognized the amount of 3.824 for Choke Canyon costs to be included in the total cost calculation, which would then be 9.914, and the cost of 104 has been agreed upon by all parties concerned as being a reasonable charge. n. A price of 20.54 be accepted as the treated water rate to be paid by Reynolds Metals Company for the 5 year period from October 1, 1976 to October 1, 1981. This is an increase of 7.34 from the 13.24 paid during 1971-1976. This is the final 5 years of a 30 year contract, dated May 29, 1951, for treated water to be sold without profit to Corpus Christi or subsidy to Reynolds. The contract provides that the price is to be redetermined every 5 years. A formula, developed in 1958 to resolve the controversy which existed regarding price for the second 5 year period, has been used for each renegotiation since 1958. The 20.5 rate will be effective on October 1, 1976 and will result in a retroactive payment by Reynolds of $91,664.18. City Manager Townsend explained that in 1951, the City Council entered into a long-term contract at no profit to encourage Reynolds Metals Company to locate their facility in this City. Mr. Townsend provided the Council with background information on the history of this water contract. o. Bids be received at 11:00 a.m., Tuesday, January 16, 1979 for a combined contract to operate the Massey Street car pound and an abandoned car pound and to provide emergency wrecker service for City vehicles. The specifications have been revised to combine all three operations into one contract. Bids will be accepted only on the basis of percentage of gross from: (1) the towing and storage fees received from the operation of both car pounds, and (2) from the sale of abandoned vehicles. The contractor will be allowed to charge a towing fee of $25 and a storage fee of $2 per day. The rates which the contractor can charge the City for emergency wrecker service are set at $12.50 for "on -the -spot" repair or replacement of tires and other miscellaneous repairs, an additional charge of $3 if more than one tire must be repaired or replaced and a charge of $12.50 for the towing -in of wrecked City vehicles or City vehicles beyond "on -the -spot" repair. If additional labor not included in a normal tow must be performed, such as use of a dolly, an additional charge not to exceed $10 may be made.The revenue from the provision of emergency wrecker service for City vehicles is not included in the gross on which the contractor will bid a percentage. .rotes Regular Council Meeting December 13, 1978 Page 9 In regard to the foregoing item, City Manager Townsend informed the Council that the specifications for this bid has been altered to provide that the two car pounds and the vehicle service be consolidated and that there will be only one con- tractor involved in the operation of the pounds. Council Member Gill asked for an explanation of why the City vehicle towing service has been connected with the operation of the car pounds, and City Manager Townsend stated that this is a related type of service and the proposed connection has just evolved. Council Member Gill then inquired if the number of bidders will be reduced as a result of the revised specifications. City Manager Townsend replied that the staff feels that all of the bidders who previously bid could make enough changes in their bids to bid according to these revised specifications. Council Member Sample expressed concern that all of the potential bidders might not be aware that a bond must be submitted with their bids and that there are requirements for insurance. Mr. Tom Basile, Administrative Assistant, stated that the last time the City received bids, each bidder was required to submit a letter, but this time each bidder must submit a $500 bid security check,, _The successful bidder will be-required_to submit x;$20,000 performance bond'and obtain the required incur-_- ance or forfeit his'bid security. Council Member Sample suggested that City staff members be available to assist the bidders with their bids and make them aware of just what is required. City Manager Townsend assured him that this will be done. P. The date of bid opening for the Airport Concourse Security project and for the Corpus Christi Beach Pier Removal be changed from December 27, 1978 to January 3, 1979. Mayor Lozano called for comments or questions from members of the Council on the City Manager's Reports. Council Member Gill referred to Item "h" in regard to the RSVP for senior citizens and inquired if this program would be possible if the City's budget is reduced. City Manager Townsend replied that he would have to check this but that he felt that if the City does not contribute funds, no federal funds would be available for this program. He also commented that this would apply to many of the programs in which the City participates. Minutes Regular Council Meeting December 13, 1978 Page 10 Council Member Gill then asked for an explanation of Item "i" which dealt with authorization for the City Manager to execute Division Orders connected with mineral leases. City Manager Townsend explained that the Council always approves the mineral leases, and this item is designed only to provide authority for the staff to approve the Division Orders for changes on leases previously approved by the Council. Mayor Lozano then invited members of the audience to comment on the City Manager's Reports. Mr. Clifford Cosgrove, 3302 Olsen, spoke in regard to Items "j," "k," and "1," which recommended approval of leases for office space in the Weber Building and the Jones Building, and expressed the opinion that the total annual rentals were exorbitant., Mr-.. Cosgrove suggested that it would have been more feasible for the ,City_:to purchase. the Old County -Courthouse, which was. sold to private 'indivi- duals for a very low price. He contended that the old Courthouse could have pro- vided ample office space for the City at a much lower cost. City Manager Townsend vehemently disagreed with this contention and pointed out that the County had declared the old Courthouse as being no longer usable for offices and unsafe for habitation before they moved from the building. Mr. Townsend further stated that there has been nothing to prove that the building is safe; it was not designed for office space use and would require extensive remodeling; and the renovation costs would be exorbitant. He summarized by stating that the staff had investigated several buildings that could be leased and had determined that the office space recommended for leasing was the best available at this time. He further stated that the only ideal solution to the City's space problem would be the con- struction of a new City Hall. Mr. Cosgrove stated that a Mr. Grossman had prepared a report on the old Courthouse and had estimated that for $1.5 million, the building could be renovated so that it would be a first class structure. City Manager Townsend stated that he does not have Mr. Grossman's report, but he was aware that Mr. Grossman had not addressed heating, electrical and air conditioning renovations, and these are items that are integral parts'of an office building. Minutes Regular Council Meeting December 13, 1978 Page 11 Mr. Cosgrove then inquired as to why the building on Chaparral Street was not considered for leasing by the City, indicating that the City was leasing the Jones and Weber Building for political reasons. City Manager Townsend explained that the City investigated the building to which he referred and the staff had determined that it was no better than either of the buildings recommended for leasing. Council Member Diaz referred to Mr. Cosgrove's allegation that the City's plan to lease the Jones and Weber Buildings was politically motivated and assured him that the only reason these buildings are being rented is because the office space is direly needed, and the members of the Council vote for issues in the best way possible for the City. There were no further comments on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "P" be accepted; seconded by Holt; and passed unanimously. * * * * * * * * * * * * Mayor Lozano announced the scheduled public hearings on six zoning appli- cations. City Manager Townsend announced the public hearing on Application No. 1078-1, Mr. Gus Montis, for a change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District on Lot 12, Block 1, Mt. Vernon #1, located on the southeast corner of Everhart and McArdle Roads. Mr. Townsend noted that the Planning Commission recommends denial of "B-1" but in lieu thereof, "AB" zoning be approved, and the Planning Staff recommends denial on the basis that this is a very small lot; there is insufficient space for off-street parking; and this is a heavily congested intersection. He informed the Council that in response to the notices of the public hearing, one in favor and one in opposition had been returned. He then asked Mr. Larry Wenger, Chief Planner, to summarize. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the lot is being used for a real estate office at this time. Minutes Regular Council Meeting December 13, 1978 Page 12 Council Member Holt inquired of the staff if this zoning is approved for this lot, would all of the other property owners on the block be inclined to request the same zoning. City Manager Townsend asked Mr. Wenger if the Planning Commission had con- sidered requesting the property owner to dedicate right-of-way for the purpose of future widening of Everhart Road. Chief Planner Wenger replied that they did not consider such a request, but they had discussed the necessity to eliminate some of the driveways on this portion of Everhart Road. He also pointed out that the lots are only 120 feet deep, and it might create a hardship if the property owners had to donate right-of-way. Council Member Holt expressed the opinion that the property in this block is no longer desirable for residential use because of the traffic situation on this street. City Manager Townsend agreed that this neighborhood is in a transition period, but consideration should be given to whether or not the property was pur- chased for a residence or whether it was purchased with the intention to have it zoned for "AB" use. Council Member Gill suggested that if "AB" or "B-1" zoning is granted, possibly the Planning Commission should recommend the type of zoning that would be best for the entire area. City Manager Townsend inquired of Mr. Wenger if the Planning Commission had discussed this possibility, and Chief Planner Wenger replied that this area is under study at this time, and the Planning Commission had discussed the possibility of combining the lots and limiting the number of driveways that exit on Everhart. Mr. Townsend noted that such actions would require replatting, which might present a problem since the lots are separately owned. Council Member Holt pointed out that this particular intersection is only one block from the busiest intersection in the City, which is Everhart and Padre Island Drive, and that he felt that the requested zoning should be granted since this particular piece of property is not suitable for residential use. Mayor Lozano ascertained that the applicant would accept the recommended "AB" zoning in lieu of "B-1." :es lar Council Meeting December 13, 1978 Page 13 No one spoke in opposition to this change of zoning request. Mayor Pro Tem Gulley called for comments from Mr. Ben Donnell, who was present as a representative of the Planning Commission. Mr. Donnell explained that this particular application was considered by the Planning Commission on two separate occasions; the Commission recommended denial the first time; and the second time, they recommended that "AB" zoning be granted. Mr. Donnell confirmed the fact that the Commission members did consider the entire block; they requested recommendations from the staff; and the staff recommended the "AB" zoning be approved if the property owners agreed to combine lots to limit the number of openings onto Everhart Road. He stated further that the Commission realized that approval of this zoning application might create a domino effect in the area, but they also took into consideration the fact that this particular lot would meet the new proposed "AB" type of zoning district recommended by the staff because it does not have a driveway opening onto Everhart Road; therefore, they recommended that "AB" zoning on this particular lot be approved. Mr. Donnell stated that the Commission would certainly like to recommend the new type of limited "AB" zoning for the remainder of the block, but he did not know just how far such zoning should extend down the remainder of the street. Council Member Holt suggested that this case be tabled in order to provide the staff time to prepare definite guidelines for the new type of "AB" zoning. Mr. Donnell indicated that such action would probably be acceptable to the Planning Commission. He did point out, however, that this particular lot meets the criteria of the proposed new "AB" zoning. Further discussion followed on the proposed new type of "AB" zoning. Motion by Sample that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Sample that the Council accept the recommendation of the Planning Commission and deny the requested "B-1" zoning, but in lieu thereof, approve "AB" zoning on Application No, 1078-1; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * Minutes Regular Council Meeting December 13, 1978 Page 14 City Manager Townsend announced the public hearing on Application No. 1178-2, Mr. Tonnie Smethers, for a change of zoning from "R -1B" one -family Dwell- ing District to "B-1" Neighborhood Business District on Tract B, Western Hills Unit 1, and a 5.1± acre tract of land out of Share 7, Harney Partition, located on the south side of Leopard Street on both sides of Western Drive. Mr. Townsend stated that the Planning Commission and the Planning Staff both recommend approval of "B-1" on Tract 8, denial of "B-1" and in lieu thereof, grant "R-2" on the 5.1± acre tract. He informed the Council that in response to the notices of the public hearing, seven in favor and one in opposition were returned. Chief Planner Wenger located the subject property on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and informed the Council that the owners plan the operation of small businesses. Mr. Wenger pointed out the area on which both the Commission and the staff recommend approval of "B-1" zoning, noting that it is located on the corner of one tract. He also explained that "R-2" zoning is recommended on the remainder of the tract. Mr. Wenger stated that the applicant has not agreed to the "R-2" zoning as recom- mended by the Commission and the staff. Speaking on behalf of the applicant was Mr. Ira E. Hayley, who is one of the owners of this property. Mr. Hayley stated that he is one of the developers of Western Hills Subdivision; that he had worked with the City on this project through Houston Engineers, who had designed the project and recommended that this particular tract be zoned "8-4." Mr. Hayley stated that they had not requested "8-4" zoning at the time in order to save the necessity of paying taxes for that zoning. He also informed the Council that the developers of the subdivision had paid the City a sum of money in lieu of dedicating a park. Mr. Hayley explained that because the devel- opers had sold the lots for $2,400 to $2,600, they did not make much profit, and they are, therefore, requesting this change of zoning because this represents their only opportunity to make a profit on the entire project. He assured the Council that no bars or lounges will be constructed on the tract of land and asked that the application be approved. Speaking in favor of the application was Mrs. Arthur Ellis, 10935 Leopard Street, who stated that she has lived in this area for many years; the population tes liar Council Meeting December 13, 1978 Page 15 is growing, and there is a need for business firms in the area. Mrs. Judy Rack, 3742 Castle River Drive, spoke in favor of the change of zoning. Mrs. Rack informed the Council that her husband is in the process of developing a subdivision in this vicinity, and she feels that there is a great need for restaurants and many other types of business firms in the area. Mrs. Ira Haley also spoke in support of the requested change of zoning. Mr. Clifford Cosgrove indicated that he, too, is in favor of the change of zoning to "B-1" because of the need for businesses in the area. Speaking in opposition to the change of zoning was Mrs. Jeanette Bearden, 11834 Mesa, who stated that although she agreed that business firms are needed in the area, she prefers not to have them located directly in the rear of her property. Mrs. Bearden stated that she would not object to the zoning as recommended by the Planning Commission and the Planning Staff. Mr. Stanley Eckwall, 11902 Mesa, expressed opposition to the change of zoning and stated that he did not understand why residents of other neighborhoods were present speaking in favor of this application. Mr. Eckwall pointed out that he lives directly across from the subject property and he is, therefore, opposed to the change of zoning. He indicated that he would not object to the "B-1" zoning on the one corner, as recommended by the Planning Commission, but that he would be opposed to the "R-2" zoning. The next property owner speaking in opposition to the application was Mr. Verlan L. Knight, 4248 Sierra, who informed the Council that approximately 500 feet down the street, a grocery store is located, and possibly a complete shopping center will be constructed there. Mr. Knight also mentioned the divider that is located on Western Drive and expressed the opinion that it would make ingress and egress to the subject property and proposed business difficult. He pointed out that an H.E.B. Store is planned for a location on Mesa Street in the near future. Mr. Donnell of the Planning Commission explained that the members of that group had recommended denial of "B-1" because the tract is in excess of five acres, which is unusually large for business zoning; therefore, the recommendation of the Planning Commission represents a compromise. Motion by Holt that the hearing be closed, seconded by Diaz, and passed unanimously. Minutes Regular Council Meeting December 13, 1978 Page 16 City Manager Townsend informed the Council that the 20% rule is in effect, and -six affirmative votes will be required to change the zoning on any part of the tract. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and the zoning of "8-1" be denied but in lieu thereof, approve "B-1" on Tract B and "R-2" on the 5.1± acre tract; seconded by Gulley; and passed unani- mously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1178-3, Mr. Celso M. Gonzalez, Trustee, for a change of zoning from "F -R" Farm - Rural District to "T -1C" Mobile Home Subdivision District on Lot 2, Section 39, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of Glenoak Road approximately 650' east of the extension of Roscher Road. Mr. Townsend explained that both the Planning Commission and the Planning Staff recommend that the request for "T -1C" be denied but in lieu thereof, a special permit for a mobile home for a period of 18 months be approved. He informed the Council that there were no responses to the notices of the public hearing. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the owner desires to reside in a mobile home during the construction of his permanent home at the same location. Speaking on behalf of the applicant was Mr. Eduardo E. de Ases, Attorney, who presented a copy of the site plan of the tract of land. Mr. de Ases explained that his client just desired to have the mobile home located on the property while his home was being constructed. No one appeared in opposition to the zoning application. Motion by Holt that the hearing be closed, seconded by Juarez, and passed unanimously. Motion by Holt that the Council concur with the recommendation of the Plan- ning Commission and deny the request for "T -1C" zoning but in lieu thereof, approve a special permit for a mobile home for a period of 18 months; seconded by Juarez; and passed unanimously. * * * * * * * * * * * * .es heyular Council Meeting December 13, 1978 Page 17 City Manager Townsend announced the public hearing on Application No. 1178-4, Candy Stick of Corpus Christi, Inc., for a change of zoning from "AB" Professional Office District to "B-1" Neighborhood Business District on Lot 2, Block 3, Carolyn Heights Unit 2, located on the northwest corner of Weber Road and O'Day Parkway. City Manager Townsend noted that the Planning Commission recommends approval, and the Planning Staff recommends denial as it would constitute spot zoning and would be an intrusion of business into a residential area, thus cre- ating additional traffic congestion. Mr. Townsend informed the Council that in response to the notices of the public hearing, two in favor and two in opposition had been returned. Chief Planner Wenger lobated the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. Council Member Holt inquired as to the reason the staff recommends denial of this application, and Mr. Wenger explained that this would be the only "B-1" use in this particular area and there is already excessive traffic on Weber Road. No one spoke in opposition to the application. Motion by Gulley that the hearing be closed, seconded by Holt and passed unanimously. Motion by Gulley that the Council concur with the Planning Commission, and grant zoning of "B-1" on Application No. 1178-4; seconded by Holt; and passed unani- mously. * * * * * * * * * * * * City Manager Townsend then announced the public hearing on Application No. 1178-5, Spohn Hospital, for a change of zoning from "A-1" Apartment House District to "AB" Professional Office District on Lots 18, 19, 20, 21 and 22, Block 1, Ocean View Addition, located on the southeast corner of Second Street and Morgan Avenue. He informed the Council that both the Planning Commission and the Planning Staff recommend approval of this change of zoning request. Mr. Townsend then stated that there was no response to the notices of the public hearing. In regard to this application, City Manager Townsend commented that the Plan- ning Commission and the staff should have some type of presentation in regard to the Minutes Regular Council Meeting December 13, 1978 Page 18 future plans of Spohn Hospital, because the City is not completely aware of exactly what the plans for Spohn Hospital are. He pointed out that the City needs to know what the overall plans are so that they can make plans in regard to street improve- ments in the area and be aware of the probable impact of the hospital expansion on the neighborhood. Mayor Pro Tem Gulley agreed that such a presentation should be made. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, and showed slides of the area. He explained that the hospital planned the installation of additional parking on this particular tract of land. City Manager Townsend referred to his previously expressed concern in regard to the neighborhood impact and called to the Council's attention the fact that some of the adjacent properties are being reduced in size since the hospital is purchasing various pieces of property for expansion. He reiterated that the City staff and Planning Commission should know about the overall plans of the hospital so that they can make plans for street reconstruction, etc., in the affected neighborhood. Council Member Sample expressed the opinion that the Council also needs to be aware of the future plans for the next five-year period for Spohn Hospital expansion and suggested that this matter be tabled since the applicant is apparently not here until such time as a representative of the hospital can be present at a Council meeting to answer pertinent questions. Motion by Sample that this Application No. 1178-5 be tabled until January 3, 1979 in order to obtain information from the applicant in regard to the future plans for the hospital; seconded by Diaz; and passed unanimously. * * * * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 1178-6, International Bank, for a change of zoning from "A-2" Apartment House District to "B-1" Neighborhood Business District on Lot 1,-Woodlawn Subdivision, located on the south side of Up River Road approximately 350 feet west of Old Robstown Road. City Manager Townsend stated that both the Planning Commission and the Plan- ning Staff recommend approval and that in response to the notices of the public hearing, none were returned. He then asked Mr. Wenger to briefly summarize the request. tes Regular Council Meeting December 13, 1978 Page 19 Chief Planner Wenger located the tract of land on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and explained that the applicant proposes to expand bank facilities and provide additional parking on this site. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and that "B-1" zoning be approved for Application No. 1178-6; seconded by Gulley; and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances and noted that there is a need to amend the ordinance per- taining to the Charter Amendment Election to be held on January 20, 1979. Motion by Gulley, seconded by Holt, that the ordinance read on November 22, 1978 and November 29, 1978, ordering an election to be held upon the question of adopting an amendment to the City Charter be amended prior to third reading as follows: "1) by amending the caption to show that more than one proposition will be voted upon; "2) by inserting the following paragraph in the preamble: WHEREAS, the City Council after public hearing held on December 5, 1978 upon the proposed amendment known as the Hoag Amendment or Proposition One determines that a Council alternative to the Hoag Amendment should be submitted as Proposi- tion Two. "3) by changing the ordinance throughout to show that more than one proposition is being submitted; "4) by adding to Section 1 Proposition Number Two (Council Alternative): "Shall Article VII, Section 1, be amended by adding the following paragraph (g): "The property tax levy (tax rate times total assessed value) for 1979-80 for all purposes shall be reduced 11.25% from the 1978-79 levy excluding taxes from assessed value growth resulting from new construction of all types, additional personal property, expanded minerals, annexations, and not more than 2.5% increase resulting from reassessments. "Thereafter, the tax levy for all purposes except debt service and judgments for any fiscal year shall not exceed the previous year's levy for the same purposes by more than 2.5% excluding assessed value growth resulting from new construction of all types, additional personal property, expanded minerals, and annexations." Minutes Regular Council Meeting December 13, 1978 Page 20 Council Member Gill inquired about the deletion of the following clause from the motion: "If any other amendment to Article VTI is approved on January 20, 1979, this proposed amendment is null and void." Mayor Lozano explained that most of the Council Members felt that it is very possible that the Hoag petition will be declared illegal, and this clause was elimi- nated from the amendment so that the public will be aware that the Council is serious in its desire to offer tax decreases if the citizens so desire. Council Member Holt further explained that he proposed the elimination of the self-destruct clause because he feels that if both of the amendments pass, the City's proposal is legally in order and can be put into effect. He pointed out that if the Hoag proposition is approved by the voters and is challenged in the courts, the citizens deserve to have the Council proposal in effect. Further discussion followed. Mayor Lozano then called for the vote on the motion to amend the ordinance in question, and it passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill voting "Nay," stating that her reason for doing so was because the self-destruct clause had been eliminated from the motion. Mayor Lozano called for comments from the audience on the ordinances. Mrs. Dorothy Bourg Spann, 502 Del Mar, spoke in opposition to the proposed Charter Amendments included in the ordinance calling the election for January 20. She stated that she felt that if either of the propositions passes, the City will be deprived of needed services and other benefits. Mrs. Spann reminded the Council that during the budget hearings, most of the citizens who appeared before them did not seem to be concerned about their taxes, but objected to the elimination of ser- vices and the increases in users' fees. City Manager Townsend referred to the tabled zoning application of Mr. Paul Ocker and informed the Council that this application had been tabled in order to obtain a report from Mrs. Charlene Brundidge, and she eould not appear today. *Council Member Diaz departed the meeting at 5:30 p.m.. Motion by Gulley that the Paul Ocker zoning application be further tabled; seconded by Juarez; and passed unanimously. 1 There was no further discussion of the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: tes ,.;lar Council Meeting December 13, 1978 ' Page 21 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON AIRPORT ROAD, WEST SIDE, FROM MORGAN AVENUE TO AGNES STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting "Aye"; Diaz, "absent"., THIRD READING - ORDINANCE NO. 14648: 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 AMENDMENTS 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 PROPOSITIONS TO BE VOTED ON AT SAID ELECTION; PROVIDING FOR NOTICE OF SUCH ELECTION;tPROVIDING SEVERABILITY. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Holt, Juarez, and Sample voting, "Aye"; Gill, "Nay"; Diaz, "absent". ORDINANCE NO. 14649: AUTHORIZING THE CITY MANAGER TO EXECUTE DIVISION ORDERS FOR ANY OIL AND GAS LEASES HERETOFORE APPROVED BY ORDINANCE WHERE SUCH DIVISION ORDERS MAY BE REQUIRED AS WELL AS FOR ANY SUCH LEASE AS MAY BE APPROVED IN THE FUTURE, SUBSTANTIALLY FOLLOWING SAMPLE DIVISION ORDER ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14650: APPROPRIATING $6,400 OUT OF THE NO. 220 STREET BOND FUND FOR ADDITIONAL CITY -FINANCED ITEMS ON AIRLINE ROAD (METROPOLITAN HIGHWAY 143) FROM SOUTH PADRE ISLAND DRIVE (S.H. 358) TO ALAMEDA STREET REPRESENTING ADDITIONAL COSTS OF CONSTRUCTION INCURRED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTAION, PAYABLE TO THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, APPLICABLE TO PROJECT NO. 220-77-6, AIRLINE ROAD, ALAMEDA TO PADRE ISLAND DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14651: AUTHORIZING THE FILING OF A GRANT APPLICATION FOR SECTION 5 FUNDS IN THE AMOUNT OF $642,051 FOR FY 1978-79 WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; DESIGNATING THE CITY MANAGER AS THE AUTHORIZED REPRESENTATIVE; AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO SUBMIT THE APPLICATION AND ALL DOCUMENTS NECESSARY TO ACCEPT THE GRANT UPON ITS APPROVAL BY DEPARTMENT OF TRANSPORTATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14652: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OWNERS OF THE JONES BUILDING ACTING BY AND THROUGH THEIR DULY AUTHORIZED AGENT, CARL FRASIER, FOR THE LEASING OF PORTIONS OF THE JONES BUILDING AND 30 PARKING SPACES FOR A TERM OF EIGHTEEN (18) MONTHS AND PROVIDING FOR A SIX -MONTHS HOLDOVER PERIOD, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". Minutes Regular Council Meeting December 13, 1978 Page 22 ORDINANCE NO. 14653: CLOSING AND ABANDONING THE 5' x 130' UTILITY EASEMENT OUT OF TRACTS 1 AND 2, BLACK 1, PEARSON TRACT, RECORDED IN VOL. 44, PAGE 7, MAP RECORDS OF NUECES COUNTY, TEXAS, SITUATED IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO A REPLAT OF THE PROPERTY BY THE OWNERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14654: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT CONCRETE PAVING COMPANY FOR THE EXTENSION OF SACKY DRIVE FROM BONHAM TO KOSTORYZ, APPROPRIATING A TOTAL OF $53,000 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $44,234.34 IS FOR THE CONSTRUCTION CONTRACT, $3,317.58 IS FOR ADDITIONAL ENGINEERING FEES, $5448.08 IS FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-72-55, SACKY DRIVE EXTENSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14655: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. SACKY DRIVE, FROM 110 FEET WEST OF BONHAM DRIVE TO KOSTORYZ ROAD. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14656: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR $48,603 FOR FIFTH YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM (R.S.V.P.) TO THE ACTION AGENCY, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND ALL OTHER NECESSARY DOCUMENTS IN ORDER TO IMPLEMENT THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passedYby the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14657: • AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ISLES CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE ELLA BARNES AREA, UNIT II, PHASES A & B STREET IMPROVEMENTS; APPROPRIATING $655,000, OF WHICH $233,496.33 IS OUT OF THE NO. 220 STREET BOND FUND AND $421,503.67 IS OUT OF THE N0. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4736, CODE 502, THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, OF WHICH $618,322 IS FOR CONSTRUCTION AND $36,678 IS FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-2.3, ELLA BARNES AREA UNIT II STREET IMPROVE- MENTS, PHASES A AND B; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the'foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ces yular Council Meeting December 13, 1978 Page 23 ORDINANCE NO. 14658: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: ELLA BARNES AREA, UNIT II, PHASES "A" AND "B": PHASE "A" (1) BRUCE STREET FROM HIBISCUS STREET TO ELGIN STREET; (2) BUFORD STREET FROM PORT AVENUE TO HIGHLAND AVENUE; (3) ELGIN STREET FROM BUFORD STREET TO MORGAN STREET; (4) HIBISCUS STREET FROM HIGHLAND AVENUE TO BRUCE STREET; (5) SABINAS AND VERBENA STREETS FROM HIGHLAND AVENUE TO MORGAN STREET. PHASE "B" (1) AGARITO STREET FROM ELGIN STREET TO BALDWIN BOULEVARD; (2) BRIGHT STREET AND VERBENA STREET FROM REYNA STREET TO MORGAN STREET; (3) ELGIN AND SABINAS STREETS FROM MORGAN STREET TO BALDWIN BOULEVARD; (4) REYNA STREET FROM GREENWOOD DRIVE TO H.E.B. SHOPPING CENTER. AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". RESOLUTION NO. 14659: MAKING FINDINGS REGARDING THE COST OF TREATED WATER FOR Alt PERIOD OCTOBER 1, 1976 TO OCTOBER 1, 1981, AS SO PROVIDED IN THE CONTRACT BETWEEN REYNOLDS METALS COMPANY AND THE CITY OF CORPUS CHRISTI DATED OCTOBER 5,1951; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". RESOLUTION N0. 14660: REQUESTING THE AREA DEVELOPMENT COMMITTEE TO UNDERTAKE A PROGRAM OF ANALYZING THE FUNCTIONS AND OPERATIONS OF CITY GOVERNMENT AND TO IMPLEMENT THE SAME BY EMPLOYMENT OF CONSULTANTS AND TO MAKE RECOMMENDATIONS FOR IMPROVING EFFICIENCY AND COST EFFECTIVENESS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14661: 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 GUS MONTIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 12, BLOCK 1, MT. VERNON #1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". Minutes Regular Council Meeting December 13, 1978 Page 24 ORDINANCE NO. 14662: 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 CELSO M. GONZALEZ, TRUSTEE, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A MOBILE HOME FOR A PERIOD OF 18 MONTHS WHILE THE APPLICANT'S HOME IS BEING BUILT, UPON LOT 2, SECTION 39, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gill, Holt, Juarez, and Sample voting, "Aye"; Gulley, "abstaining"; Diaz, "absent". ORDINANCE NO. 14663: 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 TONNIE SMETHERS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT B, WESTERN HILLS UNIT 1, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND ON THE 5.1+ ACRE TRACT OUT OF SHARE 7, HARNEY PARTITION, MORE FULLY DESCRIBED HEREINAFTER, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was sutpended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14664: 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 CANDY STICK OF CORPUS CHRISTI, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, BLOCK 3, CAROLYN HEIGHTS UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14665: 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 INTERNATIONAL BANK BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, WOODLAWN SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". Rec Council Meeting Decemoer 13, 1978 Page 25 City Manager Townsend withdrew Stem 9, which concerned the Municipal Arts Commission recommendations regarding guidelines qui their review of requests for the City support of the Arts, since Council Member Diaz had departed the meeting. * * * * * * * * * * * * There being no further bp@th88S to come before the Council, on motion by Gulley, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 5:50 p.m. pecember 13, 1978. 1