HomeMy WebLinkAboutMinutes City Council - 05/16/1979MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MAY 16, 1979
2:00 P. M.
PRESENT:
*Mayor Luther Jones
Mayor Pro Tem Edward L. Sample
Council Members:
Dr. Jack Best
David Diaz
Jack K. Dumphy
Betty N. Turner
Cliff Zarsky
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Pro Tem Edward L. Sample called the meeting to order in the Council
Chambers of City Hall in the temporary absence of Mayor Luther Jones, who was con-
ducting City business in his office.
The Reverend Lindell Buck of First Assembly of God Church gave the invo-
cation.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that the necessary quorum was present to conduct a legally constituted
meeting.
Mayor Pro Tem Sample announced that the following proclamations had been
presented by Mayor Jones: "SMALL BUSINESS WEEK" - May 13 thru 19, 1979; "POLICE
MEMORIAL DAY" - May 15, 1979; "SAFETY PATROL WEEK" - May 20-26, 1979; and
"NATIONAL PUBLIC WORKS WEEK" - May 20-26, 1979.
Mayor Pro Tem Sample noted that the next item on the agenda was Appoint-
ments to Boards and Commissions but suggested that this matter be delayed until
Mayor Jones arrives in the Council Chambers.
Mayor Pro Tem Sample announced a presentation by Mr. Dan Winship regarding
sanitary sewers on Padre Island Drive on Padre Island.
Mr. Winship, 8930 Agnes Street, stated that he is representing Maverick
Markets and Aladdin Realty Company, business firms that are attempting to construct
a building on Padre Island Drive on Padre Island. He informed the Council that
they have been working on this matter for some time and have been told by City
staff members that septic tanks to serve these businesses would not be acceptable.
Mr. Winship referred to the wording of the proposed amendment to the ordinance
pertaining to this prohibition and stated that the amendment could be changed
SEP "*iOt\
Minutes
Regular Council Meeting
May 16, 1979
Page 2
in any way the Council desired as long as the ordinance is changed to aid in the
development on Padre Island. Mr. Winship pointed out that the only development
that has occurred since the ordinance in question was passed is in violation of
that ordinance. He stated that this ordinance has halted development on Padre
Island and suggested that exceptions be made in regard to septic tanks. He assured
the Council that the property which his clients plan to develop will be built up
with sand from the present elevation of from 3i' to 5' to an elevation of 9', which
should make the installation of septic tanks acceptable.
6 Mayor Pro Tem Sample inquired as to how such an amendment would affect Flour
Bluff proper, and City Manager Townsend replied that the elevation in Flour Bluff
is 12', whereas the elevation on Padre Island is 9', which is the requirement for
flood control elevation for insurance purposes.
Council Member Zarsky asked if there might not be seepage problems if this
land is built up several feet.
Mr. Winship stated that he had made the stipulation that the land must be
built up 20' beyond the septic system, which would prevent any seepage beyond that
point. He further explained to the Council that he had discussed the septic system
with the Health Department officials, and it seems that the septic system that is
planned for the subject property is 95% effective, and the only time they are not
effective is when the City experiences an 8" deluge of rain. He pointed out that
such a heavy rain even affects the City's sewer system.
Mayor Pro Tem Sample indicated that the City has had a great deal more
difficulty with this type of problem in Flour Bluff because of the high water level.
Mr. Winship then located the property in question which is to be located
on a corner and mentioned that Island Surf 6 Wear Shop's property has been built
up as his clients plan to do. He stated that this shop is served by septic tanks
and noted that there are very few buildings in the area that would benefit from a
sewer system, other than Island Surf 6 Wear.
Discussion followed on the methods and cost of providing sewer service for
this facility by connecting to the City's system, and it was determined that the
cost would be approximately $20,000, which Mr. Winship indicated would be excessive
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Regular Council Meeting
May 16, 1979
Page 3
for the project as planned.
*Mayor Jones arrived at the meeting at 2:25 p.m.
Mr. Douglas Matthews, Director of Public Utilities, noted that it would be
possible to provide a less expensive solution to Mr. Winship's problem by providing
sewer service in cooperation with Padre Isles Investment Corporation, but this
would not solve the problem for other lots in the area, and there are other deve-
lopers who are waiting to build on the Island.
Council Member Dumphy inquired about the cost of this solution, and Mr.
Matthews replied that this would be less than $5,000.
Mr. Winship questioned this solution, stating that he had discussed this
possibility with Urban Engineering, and they indicated that there might be serious
problems in pumping the sewage into the existing system.
Mr. Matthews also stated that another force main in the conduit that
has been laid would also provide an inexpensive temporary solution.
City Manager Townsend stated that if the Council desires to provide this
temporary solution and they recognize that this is an exception to the ordinance,
then the staff could contact Island Surf b Wear to see if they wish to participate
in this type of sewer service, but suggested that all other developers should be
advised that no more exceptions will be made and they must wait until the sewer
system has been installed.
Council Members Zarsky and Dumphy stated that they felt that Mr. Winship's
problem should be solved and other property owners should be informed of the fact
that it is just an exception until all property owners are willing to participate
in a permanent solution to the sewer problem.
City Manager Townsend stated that if Council desires, everybody in the area
will be advised that unless they are willing to participate now in obtaining sewer
service, a temporary solution is planned for Lots 5 and 6, and other property
owners will have to wait until the sewer system is established.
Mayor Pro Tem Sample indicated opposition to this, stating that the City
needs the growth on the Island; there is a demand for businesses in the area;
serving notice to all of the property owners in this area is good; but pointed
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Regular Council Meeting
May 16, 1979
Page 4
out that other property owners will feel that they have been discriminated against
if a special concession is made for Mr. Winship.
Mr. Winship again pointed out that the septic system that they have planned
would be adequate and would not create a health problem if the land is built up.
He reiterated that if the ordinance is amended to allow the septic system under
those conditions as he had suggested, the health requirements could be met and
other property owners would not object or criticize the City for making special
concessions.
Mayor Pro Tem Sample again pointed out that septic tanks have not been
proven adequate at the sea level in that area.
Mayor Jones inquired if the staff could have a recommendation in regard to
this problem next week, and City Manager Townsend agreed to do this.
Mayor Jones called for the City Manager's Reports. City Manager Townsend
presented the following items with related comments and explanations and recommended
that:
a. Bids be received on June 6, 1979 on a depository bank contract for two
years for all City deposits and financial activities.
1
City Manager Townsend explained that the City Charter provides that the
City Manager is to promptly go out for bids upon the election of a new Council.
He explained that the award of the depository is a major item; Corpus Christi
National Bank is now the depository and prior to that, the Corpus Christi Bank and
Trust was; and explained the requirements as set forth in the Charter. Mr. Townsend
informed the Council that only two bids from local banks are expected because of
the large sum of money involved and stated that he would like to present this next
week with a set of specifications for Council approval.
b. 25,720 feet of copper pipe for the Water Division be purchased from
ESCO SUPPLY, Corpus Christi on the basis of low bid of $24,915.52. Bids
were received from nine firms. Price comparison shows an increase of
approximately 38%. This is an estimated three months supply. Bids are not
requested for more than 3 months because the price of copper has too much
fluctuation.
c. The bid award on a TV Inspection/Seal Unit, for use by the Wastewater Division
be made to CUES, THE CARBORUNDUM COMPANY, Orlando, Florida on the basis of
most advantageous bid of $56,809.00. Bids were received from two firms.
The low bid is not recommended because the grout material tends to rapidly
harden, causing the possibility of sticking the packer in the sewer line.
This equipment will be used to locate infiltration and seal the joints
and breaks involved. The camera equipment will be used extensively in
developing plans for bond fund wastewater rehabilitation projects and thus
an appropriation from the Sanitary Sewer Bond Fund is recommended.
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Regular Council Meeting
May 16, 1979
Page 5
City Manager Townsend explained the proposed use of the unit and stated
that the cost of the machine would be recovered very quickly. Mr. Townsend stated
that bids were received from two companies; a comparison of the two products was
made; both he and the staff of the Public Utilities Department feel that this bid
would be more advantageous to the City. City Manager Townsend explained that the
reason for this is that they felt that the grouting to be used in repairing breaks
in the lines as included in the other company's bid may set up too quickly.
Speaking in regard to this was Mr. Ken Crawford, representative of Cherne
Industries, Inc., who stated that his company had submitted the low bid and he felt
that the bid should be awarded to his company. Mr. Crawford contended that the
material they use for grouting does not set up too quickly if it is properly
applied by the operator.
City Manager Townsend explained the procedure followed to televise sewer
lines and how the lines are repaired from the same machine that holds the tele-
vision camera. He pointed out that the machine can be used for old sewer lines
and for sewer lines under construction to see that they are properly installed.
Mr. Townsend estimated that the City will save a great deal of money after this
machine is purchased.
Mayor Jones inquired about the difference in cost of the equipment included
in the bid from Cherne and the one from Cues which is recommended for bid award.
City Manager Townsend replied that the difference in cost is approximately
$3,000.
d. Ten additional mobile radios for Transit buses be purchased from General
Electric Company, Austin on the basis of a previous low bid meeting
specifications of $11,590 ($1,159 each). Seven similar radios were purchased
from this company in January, 1978. The company has agreed to supply the
10 additional radios at the same unit price. Other possible suppliers have
indicated that they cannot match General Electric's price. The buses are
included in a Capital Assistance Grant from the Urban Mass Transportation
Administration and will be paid for 80% by the federal government, 13% by
the state, and 7% by the City. The City's portion is included in the
Transit Bond Fund. The purchase of the radios will complete equipping all
City buses with two-way radios.
Three replacement 37 -passenger transit coaches, 3 spare wheels and a spare
diesel power train be purchased from GMC Truck and Coach Division of General
Motors Corporation, Pontiac, Michigan for $333,129 on the basis of an option
contained in their previous low bid for two such coaches. The two previous
coaches were purchased just prior to the moratorium and GMC's bid contained
an option for the purchase of 3 additional coaches. The 3 coaches to be
purchased are included in the 1978 Capital Assistance Grant from the Urban
Mass Transportation Administration. They will be paid for 80% by the federal
government, 13% by the state and 7% by the City. The City's portion is
available in the Transit Bond Fund. The coaches will replace 1967 35 passenger
models.
e.
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Regular Council Meeting
May 16, 1979
Page 6
f. A contract be authorized with the State Department of Highways and Public
Transportation wherein the State will reimburse the City 65$ of the local
share (20%) incurred for the purchase of buses and related equipment under
a capital grant from the Urban Mass Transportation Administration or 13%.
The grant was approved March 28, 1979 with an estimated net project cost
of $607,500. Of this amount, UMTA pays 80$ and the City 7%. The City's
portion is available in the Transit Bond Fund. The project includes
purchase of 3 37 -passenger transit coaches, six 12 -passenger vehicles,
two pickup trucks, 22 fareboxes, ten radios, a bus wrecker, a spare diesel
power train, 15 bus shelters and 500 bus stop signs.
$5,250 be appropriated for appraisal services by Mr. Richard Clower in
connection with acquisition of 7 parcels for the Gabriel Terrace Drainage
Outfall, southeast of Old Brownsville Road between South Padre Island Drive
and the Kelly Ditch. This is one of two drainage rights-of-way approved in
the 1972 bond election for future drainage facilities to serve the area
generally bounded by Highway 44, Navigation Boulevard and Highway 9. The
State Department of Highways and Public Transportation plans to dig a portion
of the ditch to obtain dirt needed for a contract scheduled for letting in
October - December, 1979 to extend Padre Island Drive Expressway from the
Crosstown interchange to 1/2 mile west of the Airport ditch. The 1972 bond
election provided only right-of-way money with the understanding that ditch
digging would be done by the state for overpass fill for Padre Island Drive
from the Crosstown Expressway to Highway 44.
h. $695 be appropriated for appraisal services by Mr. Sidney H. Smith III for
one parcel in connection with the Everhart Road at Padre Island Drive right -
turn -lane. Since Federal funds are involved in the street improvements,
right-of-way must be acquired in accordance with applicable Federal laws
which require the use of an independent professional real estate appraiser
to establish value. This parcel is located at the northwest corner of
Everhart Road and Padre Island Drive. The improvements will be financed
by the City, State, and Federal Government under the Urban Systems Program
and were included in the 1977 bond election.
i. The Nueces Bay Boulevard from I.H. 37 to W. Broadway and Airport Road from
Morgan to Agnes Street Improvements be accepted and the final assessment
roll of $194,272.61 for 89 parcels be adopted (Nueces Bay - 26 parcels,
$97,591.19: Airport Road - 63 parcels, $96,681.42). Both projects have
been completed by the Texas Department of Highways and Public Transportation
under the Urban Systems Program at a cost of $829,094. The City Share is
$213,900 and the State's share $615,194. The final assessment roll is
$4,573.73 more than the preliminary roll due to owner requested driveway
changes. The improvements were constructed by Asphalt Paving and Construction
Company.
g•
j. The budget for Municipal Court be amended by adding three additional Clerk II
positions. The additional employees were approved on a temporary basis by
the City Council pending a budget amendment after the Moratorium. The
positions are needed to handle the workload resulting from a 60$ increase
in traffic ticket volume.
City Manager Townsend explained that the last Council had authorized the
employment of three temporary clerks for Municipal Court, and there is a need to
have the budget amended by this Council for the remainder of the 1978-79 fiscal
year. Mr. Townsend assured the Council that there is a need for these additional
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Regular Council Meeting
May 16, 1979
Page 7
clerks because of the great increase in the number of traffic citations that have
been issued. He assured the Council that these positions could be reviewed again
during the discussion of the budget.
Council Member Diaz pointed out that the increase of 68 in traffic tickets
increases the workload in the department so that the additional clerks are definitely
needed. Mr. Diaz also suggested that there is a need to appoint a judge for the
4th Municipal Court that was previously authorized.
Council Member Best pointed out that one of the things discussed during
their recent campaign was that the City should be operated as economically as pos-
sible. Dr. Best pointed out that this is an increase in that three more people
are being added to the payroll. He inquired if these are CETA positions at this
time.
City Manager Townsend replied that they are not CETA employees but are
temporary employees at this time.
Dr. Best continued by inquiring if this recommendation is approved at this
time and after the budget review, the Council desired to lower expenses and reduce
the number of clerks at Municipal Court, could they do so.
City Manager Townsend assured the Council that if these clerks were no
longer needed, the City could always relocate them in other positions within the
City because there are frequently a number of clerical positions available. He
also pointed out that by rapidly processing the tickets that have been issued,
more money will be received by the City than will ever cost the City for these
employees. City Manager Townsend also explained that there are possibly 40 vacant
clerical positions in the City at this time; the funds for these employees will
simply be transferred from salary balances; and the employment of these clerks
will not represent an increase in the overall budget, but just in the Municipal
Court budget.
Council Member Turner stated that she had talked to personnel at the Police
Department and ascertained that only about 50% more citations have been issued
rather than the 60% increase specified in the City Manager's recommendation. Mrs.
Turner suggested that all additions to the budget be delayed until after the entire
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Regular Council Meeting
May 16, 1979
Page 8
budget has been studied by the Council.
City Manager Townsend stated that according to the figures that had been
provided him, the increase in the number of citations was 60%, but he pointed out
that these three positions were authorized by the last Council; the positions have
been filled; and this recommendation is just to place the required funds in the
proper Activity's budget.
Mayor Jones inquired if the City had anything in the staff guidelines that
would indicate just how many people are required to process a certain number of
traffic tickets.
Ctty Manager Townsend replied that they did not but explained that these
positions were not included in the Municipal Court budget because the staff pre-
ferred to see if the ticket processing could be handled by Data Processing. He
assured the Council that they could certainly do anything they desired in reducing
personnel but pointed out that the delays created by the slow processing of traffic
citations is very frustrating to citizens who are forced to wait in line to pay
their fines.
Council Member Diaz reminded the Council that the City is growing, and
this necessitates more employees in some departments.
City Manager Townsend pointed out that this could be a temporary situation
and if there is a change, then the extra personnel could be eliminated.
Council Member Turner reiterated that additions to the budget should not
be made until the entire budget has been studied by the Council.
Mayor Jones inquired if these employees represent additions to the budget.
City Manager Townsend replied that technically they are, but stated that
the City Manager is authorized to reassign clerks, and these additional positions
could be just a reassignment to Municipal Court.
Council Member Turner inquired as to how much the clerks' salaries will
increase the budget.
City Manager Townsend informed her that the increase for the remainder of
this fiscal year will be $6,800, but this amount will simply be transferred from
other salary balances and the budget itself will not be increased. Mr. Townsend
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Regular Council Meeting
May 16, 1979
Page 9
assured the Council If they still had questions about this Item, he would be glad
to withdraw It.
Mayor Jones indicated that he would not be in favor of having the item
withdrawn since the employees are obviously needed in the Municipal Court Activity.
Motion by Turner that Item "J" of the City Manager's Reports be withdrawn,
seconded by Best.
Council Member Dumphy stated that basically all that the staff plans to
do is transfer funds from one source to another and the budget will not be increased.
After further discussion, Council Member Turner withdrew her motion.
k. A Maintenance Mechanic Foreman, Grade 21, be authorized as a training instructor
and project supervisor in conjunction with Project number 90, Interior Finishing
and Renovation, Department of Inspections and Operations and Special Protect
number 161, Recreational Fecillties Renovation. Montes are available in
Personnei/CETA Administration and Personnel/CETA Training, both of which are
100$ reimbursed by the Department of Labor. The two protects involve 16
employees.
1. The recommendation of the Traffic Safety Advisory Board be approved that
the speed limit on Violet Road from Leopard Street to Interstate Highway 37
be increased from 30 mph to 45 mph to be consistent with speed limits on
the portion of Violet Road south of Leopard Street. Speed limits were not
revised when this portion of Violet Road was Improved several years ago.
Temporary signs were installed in 1978 but the ordinance authorizing their
installation was not brought forward for Council consideration.
m. An agreement be approved with the Nueces County Community Action Agency under
which the Utilities Department will participate In an emergency energy
assistance program to provide financial assistance to eligible persons
who, because of large unpaid fuel bills, have had or are' faced with having
their gas service discontinued. The Community Action Agency has received
an $11,700 grant for utility customers of the City of Corpus Christi from
the Community Services Administration. These are funds which remain from
a 1978 program. The Agency will certify customer eligibility and the City
will verify the utility bill. The Agency will then make direct payment to
the City on behalf of the customer. Eligible persons include elderly and
handicapped who can show they had a dire financial need between January 1,
1978 and June 30, 1979. Maximum assistance Is $250 per household.
Council Member Diaz questioned the maximum assistance of $250 per household,
indicating that he felt that this is an excessive amount.
City Manager Townsend explained that this could represent a bill for three
months, since some of the City's utility customers could be that far behind on pay-
ments. Mr. Townsend also pointed out that some of the lesser expensive homes are
not well insulated and these occupants could actually have larger gas bills than
more expansive homes that are properly Insulated and are heated by a method other
than space heaters. City Manager Townsend assured the Council that these payments
will be for gas payments only.
Minutes
Regular Council Meeting
May 16, 1979
Page 10
Mayor Jones noted that this is money that is paid to the City, not to the
individual. He agreed that the maximum amount seemed rather large and asked that
an estimate of the average overdue bill be obtained. (Later in the meeting, City
Manager Townsend informed the Council that the average overdue bill is $148.)
n. A settlement be approved with Mr. Albert H. Kruse for him to pay $111.02 to
resolve a long standing dispute over alleged damage to abutting property
whn eet in
. The property
Baldwind at Fig exist.involved
The
settlement would provide:
(1) The City would purchase right-of-way along Baldwin of approximately
840 sq. ft. (6'x 140') at $.85 per sq.
(2) Mr. Kruse would pay a sidewalk assessment of $.75 per sq. ft. ($420)
(3) The City would build the sidewalk and relocate and restore the fence
along Baldwin and provide a credit for sidewalk damage when Baldwin was
built ($120)
(4) Mr. Kruse would pay the balance due on the original assessment without
interest ($525.02).
o. A 10 -foot wide utility easement along the common boundary line of Lot 8 and
Lot 9R, Block 1, Alameda Estates Unit 1 be abandoned at the request of the
abutting property owner. The property is being replatted. All affected
departments concur.
Mayor Jones called for comments from the Council on the City Manager's
Reports.
Council Member Turner referred to Item "j" in regard to the three addi-
tional clerks for Municipal Court and asked for a further explanation as to just
where the funds for these salaries will come from.
City Manager Townsend explained that the funds will be from existing salary
balances, and there will be no further appropriation to the budget.
Council Member Turner inquired as to where the positions will be deleted in
other City departments if they represent a transfer from one activity to another.
Mrs. Turner also asked if these additional positions will be reflected in the new
budget for Municipal Court.
City Manager Townsend assured her that the Municipal Court budget will not
include these additional positions but will be exactly as presented last year, and
these positions will be in the request for expanded services, which the Council
may or may not approve as a part of next year's budget.
Mayor Jones ascertained that there were no further questions from the
Council or members of the audience on the City Manager's Reports.
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Regular Council Meeting
May 16, 1979
Page 11
Motion by Sample that the City Manager's Reports, Items "a" thru "o," be
accepted; seconded by Turner; and passed unanimously.
City Manager Townsend announced the scheduled public hearing on the follow-
ing matter:
Assessment roll for improvements to Betel Street from Burnett Street to the
Crosstown Expressway. The improvements are included in Change Order No. 4 to
the Lozano School Area Street Improvements contract with M & M Construction
Company. The amount of the Change Order is $32,822. The preliminary assessment
roll totals $12,321.10 and includes 24 items. Betel Street was inadvertently
omitted from the original contract for the Lozano School Area Streets.
City Manager Townsend stated that all of the property owners Involved with
this street improvement project have signed the petition requesting the improvements,
with the exception of one owner who resides in Milwaukee, Wisconsin. He suggested
that it might be appropriate to determine if anyone present in the audience desires
to speak in regard to the assessments and if not, the hearing can be shortened.
Mayor Jones ascertained that no one in the audience was present to speak
on this matter.
City Manager Townsend explained that the public hearing is required by
State statutes and requested that City Attorney J. Bruce Aycock conduct the public
hearing to establish testimony in regard to the preliminary assessments.
City Attorney Aycock Informed the Council that this assessment hearing is
required by State statutes to develop facts in order for the Council to make a
judgment as to whether or not the proposed improvements will enhance the value of
the abutting property at least in an amount equal to the assessments. Mr. Aycock
called as his first witness, Mr. James K. Lontos.
Through questioning of Mr. Lontos, City Attorney Aycock ascertained that
he is a registered Professional Engineer and Real Estate Appraiser in the State of
Texas, that he has been employed by the City of Corpus Christi in his present posi-
tion of Director of Engineering and Physical Development for over five years, and
that he is familiar with the project under discussion. Mr. Aycock then requested
that Mr. Lontos explain the Betel Street Improvement project.
Mr. Lontos located Betel Street on the map and explained that this street
was inadvertently omitted from the Lozano School Area Street improvement project;
the Council approved the change order to add this street to the project; and all
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Regular Council Meeting
May 16, 1979
Page 12
of the property owners have been contacted and have agreed to their assessments.
He stated that the project will be increased in the amount of $33,000; the total
preliminary assessments are $12,500.02; and the City's portion is $20,499.98. Mr.
Lontos explained that all of the property involved is residential, and the maximum
rates as established by the City Council are $4.75 per linear foot for curb, gutter
and pavement, and $0.75 per square foot for sidewalks.
City Attorney Aycock inquired if these estimates of the cost of the street
improvements were made before any work was done on the street and before this hear-
ing commenced. Mr. Lontos verified that this was true and testified that he had
examined each and every parcel included in the Betel Street project and had
determined that there were no odd -shaped lots. Mr. Lontos also testified that, in
his opinion, every parcel of land abutting this street would be improved at least
in the amount of the assessment.
Council Member Zarsky inquired if the work on this street would be done
by the same contractor who is performing the work in the Lozano School Area project,
and Mr. Lontos stated that M & M Construction Company would also construct the Betel
Street improvements.
No one spoke in regard to this matter.
Motion by Diaz that the hearing be closed, seconded by Sample, and passed
unanimously.
City Manager Townsend announced the public hearings on five zoning applica-
tions which were scheduled for 3:30 p.m.
Mr. Townsend announced the public hearing on Application No. 379-3, Wilfred
D. Whiteside, D.D.S., for a change of zoning from "R-2" Multiple Dwelling District
with a Special Permit to "B-1" Neighborhood Business District on Lots 62, 63 and
64, Block B08, Port Aransas Cliffs, located on the northeast corner of South
Alameda Street and Angel Avenue. City Manager Townsend informed the Council that
the Planning Staff recommends denial and the Planning Commission recommends denial
but in lieu thereof that the existing site plan be amended to show the location,
size and height of the existing free-standing sign. He stated that in response
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Regular Council Meeting
May 16, 1979
Page 13
to the notices of the public hearing, two in favor and one in opposition had been
returned. Mr. Townsend noted that the one in opposition did not object to the sign
but did object to the zoning of "B-1." He then asked Chief Planner Larry Wenger to
summarize.
Chief Planner Wenger located the area on the zoning and land use map and
stated that a dentist's office is located there, described the land use in the sur-
rounding area, and showed slides of the area.
Mayor Jones inquired as to how long the building has been used as a dentist
office, and Dr. Whiteside, the applicant, who was present in the audience, replied
that he had been there for approximately 12 years.
Council Member Best made the observation that this is the same type of
situation that had been discussed in connection with Dr. Seberg's application last
week in that it involved a small, unobtrusive, free-standing sign. Dr. Best con-
tinued by suggesting that thls zoning application also be tabled until the staff
had resolved the sign question in "AB" zoning.
Chief Planner Wenger mentioned that there is one slight difference in that
Dr. Whiteside's office is located in an area that is primarily zoned "R-2" whereas
Dr. Seberg's office was in "AB" zoning.
City Manager Townsend informed the Council that the site plan that was
suggested by the Planning Commission has been submitted and is in accordance with
their request.
Motion by Sample that the hearing be closed, seconded by Diaz and passed
unanimously.
Motion by Sample that the Council concur with the recommendation of the
Planning Commission that the existing site plan be amended to show the location,
size and height of the existing free-standing sign; seconded by Diaz; and passed
unanimously.
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
379-4, Mr. Duane A. Davis, for change of zoning from "R -1B" One -family Dwelling
District to "B-1" Neighborhood Business District on Lot 1, Staples Grove, Unit 1,
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Regular Council Meeting
May 16, 1979
Page 14
located on the northwest corner of South Staples Street and La Costa Drive. Mr.
Townsend stated that both the Planning Commission and the Planning Staff recommend
approval on the basis that it would be a logical extension of existing "B-1" zoning
surrounding the subject tract.
City Manager Townsend explained to the Council that a letter had been
received from Mr. Davis, the applicant, requesting that the hearing on this appli-
cation be deferred until June 20; however, since the public hearing had already been
advertised and notices had been mailed to the property owners within 450 feet of the
subject tract, it would be necessary to conduct the public hearing, and if Council
desires, the matter could be tabled until the date of June 20.
Mr. Townsend also informed the Council that in response to the notices of
the public hearing, three in favor and none in opposition had been returned.
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.
City Manager Townsend noted that this property had originally been zoned
"B-1" and pointed out that a real estate office is located there.
No one spoke in regard to this application.
Motion by Sample that the hearing be closed, seconded by Diaz and passed
unanimously.
Motion by Sample that this application be deferred until June 20, 1979, as
requested by the applicant; seconded by Diaz; and passed unanimously.
* * * * * * * * * * * *
City Manager Townsend announced the public hearing on Application No.
379-5, Mr. Byron Wheeler, Jr., for a change of zoning from "R -1B" One -family
Dwelling District to "R-2" Multiple Dwelling District on Lot 9, Block 4, Woodlawn
Estates, located on the west side of Clare Drive, approximately 320' north of
South Padre Island Drive.
Mr. Townsend noted that both the Planning Commission and the Planning
Staff recommend denial on the basis that it would be an intrustion into this
single-family area; that the street is very narrow with bar ditches; and that
utilities were installed prior to annexation and in all probability, a 2 -inch
Minutes
Regular Council Meeting
May 16, 1979
Page 15
water line serves this area which would not be adequate for multi -family uses.
City Manager Townsend stated that in response to the notices of the public hearing,
two in favor and two in opposition had been returned. Mr. Townsend explained to
the Council that zoning applications on which the Planning Commission recommends
denial require 5 affirmative votes of the Council to approve. He then requested
that Mr. Wenger 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 owner plans to construct a four-plex or possibly an eight-plex apartment.
Mayor Jones called for comments from the applicant.
Speaking on behalf of Mrs. Byron Wheeler, Jr., was her sister, Mrs. Dee
Sahadi. Mrs. Sahadi presented six responses to the notice of public hearing, all
of which were in favor of the change of zoning, which the applicant had picked up.
Mrs. Sahadi displayed before the Council the plans for the four-plex that the
applicant desires to construct on this property. She stated that there is other
rental property in this area and urged that the Council approve this request,
Council Member Zarsky noted that the staff had mentioned that if this
zoning is approved, possibly 5 or 6 units could be constructed and inquired if
this plan was presented at the Planning Commission hearing.
Mrs. Sahadi replied that it was not.
Mayor Jones inquired if this application could be sent back to the Planning
Commission in view of the fact that the applicant only plans the construction of
a four-plex.
City Manager Townsend explained that the Council needs to find that there
is some reason for sending it back to the Planning Commission and that the Council
could approve the application even though the Commission recommends denial with 5
affirmative votes. Mr. Townsend pointed out, however, that granting this zoning
request would certainly not limit the applicant to this particular plan. He stated
a special permit could be granted limiting construction to one four-plex unit.
Speaking in opposition to the application was Mrs. Kenneth H. Ritchie,
5310 Cain Drive, who stated that she owns the house directly across the street.
Minutes
Regular Council Meeting
May 16, 1979
Page 16
Mrs. Ritchie expressed the opinion that there would not be enough room on this tract
to accommodate off-street parking for residents and their guests, since the lot is
just not very large and Clare Street has no curbs or gutters and is not wide enough
for parking.
City Manager Townsend informed the Council that Mrs. Ritchie's written
opposition does invoke the 20% rule.
Mayor Jones called for comments on this case from Mr. Ben Donnell, who
was present as a representative of the Planning Commission.
Mr. Donnell stated that the Planning Commission did not have the plans to
consider during their hearing, but that he did not think that their existence
would have changed the Commission's decision. He Informed the Council that basi-
cally, the Commission feels that this area should be zoned for residential use.
Council Member Zarsky asked Mr. Wenger to indicate the locations of the
property owners' lots who have indicated that they are in favor of this applica-
tion.
In checking the responses brought in by Mrs. Sahadi, City Manager Townsend
noted that about one-half of those received were from residents outside of the
notification area.
Mayor Pro Tem Sample inquired as to how near the apartment complex is to
this property, and Mr. Wenger replied that the apartment complex is located on
the entire back portion of the block.
Mayor Pro Tem Sample then asked If this application were approved, if it
would be possible to limit the development to only one four-plex unit, and Chief
Planner Wenger informed him that this could be done only by a special permit.
Council Member Zarsky pointed out that 19,500 square feet is almost one-
half an acre, and he felt that the property within the City that is already
served with sewers and other City services should be utilized, indicating that
he is in favor of approving this application.
Mayor Pro Tem Sample asked Mrs. Ritchie if she would object to the develop-
ment of this property if it were limited to a maximum of five units.
Mrs. Ritchie pointed out that this street has no curbs, gutters or sidewalks;
this is a very narrow street; and parking would still present a problem. She did
Minutes
Regular Council Meeting
May 16, 1979
Page 17
admit that she would prefer a limitation of 5 units rather than more units.
No one else spoke in regard to this application.
Motion by Diaz that the hearing be closed, seconded by Sample and passed
unanimously.
Motion by Sample that the request for change of zoning to "R-2" be denied
but in lieu thereof, a special permit limiting the number of units to five be
approved; seconded by Diaz.
Council Member Zarsky asked if there were not a certain number of square
feet required for a one -bedroom unit.
After further discussion regarding this aspect, Mayor Pro Tem Sample
amended his motion to set a limitation of no more than four units for this lot.
Council Member Diaz seconded this amendment to the motion.
Council Member Best stated that he felt that the planned four-plex would
be an improvement to that lot.
Mr. Donnell of the Planning Commission addressed the Council and stated
that he felt that once this is approved, a domino effect will occur; people will
purchase land in the area for speculation; and the character of the neighborhood
will be changed. Mr. Donnell also stated that he understood that there was a
problem with the water line.
City Manager Townsend confirmed this by stating that there is only a 2 -
inch water line; the sewer line was laid by the City; and if a building is con-
structed on the lot, a front foot sewer line charge will have to be paid.
Mr. Donnell pointed out that the Commission is generally pro -development
and generally support an increase in development, but in this case, they felt that
the residential character of the neighborhood should be retained.
Mayor Jones indicated that he will vote against the motion to grant a
special permit for the construction of a four-plex, and Council Member Turner
also indicated that she would vote against the motion.
Mayor Pro Tem Sample made the observation that his motion apparently would
not pass and then withdrew his motion. Council Member Diaz withdrew his second.
Motion by Diaz that the Council concur with the recommendation of the
Planning Commission and deny Application No. 379-5; seconded by Sample; and passed
unanimously.
Minutes
Regular Council Meeting
May 16, 1979
Page 18
City Manager Townsend announced the public hearing on Application No.
C379-1, City of Corpus Christi, for a change of zoning from "R-2" Multiple Dwell-
ing District to "R -1B" One -family Dwelling District on Lots 1 thru 12, Block A,
and Lots 1 thru 12, Block C, Reynolds Addition, located on both sides of Washington
Street between Dunbar and Tarlton Streets.
Mr. Townsend stated that the Planning Commission recommended approval on
Lots 4 thru 12, Block A, and Lots 1 thru 12, Block C, but denial on Lots 1, 2 and
3, Block A, all in Reynolds Addition. He informed the Council that in response to
the notices of the public hearing, two in favor and six in opposition had been
returned. He called attention to the fact that two of the notices of opposition
actually seemed to be in favor of the change, since notes from the property owners
reflected that they wish to retain the residential nature of the neighborhood,
which is what this change would accomplish. He then asked Mr. Wenger to summarize.
Chief Planner Wenger located the area on the zoning and land use map, des-
cribed the land use in the surrounding area, noting that all of the usage on both
sides of Washington Street are single-family dwellings. Mr. Wenger also showed
slides of the area and explained that the owners of Lots 1, 2 and 3, Block A, pur-
chased those lots for use as income property and do not wish to have the zoning
changed.
Council Member Best inquired if the property owners involved realize that
the value of their property will be decreased If their property is rezoned "R -1B."
City Manager Townsend stated that he did not feel that their property will
be decreased in value but will instead stabilize the neighborhood, adding to the
value of the area in which the streets are newly constructed.
No one spoke in regard to this application.
Motion by Diaz that the hearing be closed, seconded by Sample and passed
unanimously.
Motion by Dlaz that the Council concur with the recommendation of the
Planning Commission and approve the change of zoning of "R -1B" on all of the
lots included in the application, with the exception of Lots 1, 2 and 3, Block
A, Reynolds Addition; seconded by Turner; and passed unanimously.
Minutes
Regular Council Meeting
May 16, 1979
Page 21
City Manager Townsend noted that there was a second tabled matter on the
agenda, as follows:
Second Reading of an ordinance prohibiting any person from taking glass
containers onto any City beach, into any City park and onto any place
adjoining Corpus Christi Bay. (First Reading - 4/25/79)
Motion by Sample that this matter be removed from the table, seconded by
Diaz and passed unanimously.
City Manager Townsend informed the Council that the Park and Recreation
Department staff had contacted a number of cities In regard to their regulations
pertaining to glass containers and determined that Port Aransas, Galveston and
Freeport have ordinances prohibiting glass containers on beaches. Mr. Townsend
explained that the ordinance in effect in Galveston was recently amended to exclude
the interior of vehicles that are legally and properly parked on beaches.
Mayor Pro Tem Sample expressed the opinion that this City should not con-
sider cars in the ordinance because they are primarily attempting to address
beaches and parks, not cars.
Mayor Jones called for comments from the audience on this matter.
Speaking in favor of passage of this ordinance was Mrs. Robert Clarke,
3902 Mueller, who stated that she resides across the street from a park and is
very aware of glass in parks and on beaches. She suggested that the ordinance not
only be approved, but that a good public relations campaign be instigated to make
citizens aware of the passage of the ordinance.
Mrs. Eileen Beaty, 711 Glenoak, inquired if this ordinance included the
prohibition of glass containers around bait stands.
City Manager Townsend replied that the wording in the ordinance at this
time does not include the area around the bait stand because the area in which
the bait stands are located is not a park.
Also speaking in favor of passage of the ordinance was Mr. Philip
Rosenstein, 949 Bobalo, who presented the Council with pails containing broken
glass that had been collected at various parks. Mr. Rosenstein urged passage of
the ordinance on an emergency basis.
Addressing the Council in opposition to passage of the ordinance was Mr.
Barry Andrews, speaking on behalf of the Corpus Christi Beer Association. Mr.
Minutes
Regular Council Meeting
May 16, 1979
Page 22
Andrews introduced other members of the organization, Mr. Sam Simpson, Mr. Dusty
Darnell, and Mr. Sammy Kins, who were present in the audience. Mr. Andrews stated
that he felt that the City's anti -littering ordinance should be enforced as a
measure to eliminate broken glass on the beaches and in the parks, rather than
passing an ordinance prohibiting the possession of glass containers.
Mayor Jones inquired of Mr. Andrews if he felt that the passage of this
ordinance would cause the members of the Beer Association financial harm.
Mr. Andrews stated that he did not know yet, but explained that approxi-
mately 18 to 20 percent of their business is from the sale of bottled drinks.
Mayor Pro Tem Sample inquired if the same kind of beer could not be sold
in cans, and Mr. Andrews replied that he sells one kind that is not sold in cans.
There was no further discussion, and it was the consensus of the Council
that the ordinance pertaining to the prohibition of glass containers should be
read for the second time today.
Mayor Jones called for the presentation of the ordinances. City Manager
Townsend briefly explained the ordinances.
Mayor Jones invited comments from the audience on the ordinances.
Mrs. Eileen Beaty referred to the ordinances authorizing the purchase of
equipment for the Transit Department and stated that she is very concerned about
the poor bus service in the Flour Bluff area of the City. Mrs. Beaty mentioned
that she had previously appeared before the Council in regard to the lack of bus
service in Flour Bluff, but nothing had been done to change the routes or increase
the service to that area. She suggested that some of the UMTA funds be utilized
for the purpose of improving the bus service in Flour Bluff.
There were no further comments on the ordinances.
City Secretary Read polled the Council for their votes, and the following
ordinances were passed:
Minutes
Regular Council Meeting
May 16, 1979
Page 19
City Manager Townsend announced the public hearing on Application No.
C379-2, City of Corpus Christi, for a change of zoning from "B-1" Neighborhood
Business District to "R -1B" One -family Dwelling District on Lot 8, Block 6,
Harlem Park, located on the southeast corner of Washington Street and Ada Street.
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 had been returned. He stated that the 20% rule is
in effect because the owner of the subject property is opposed to the change of
zoning.
Chief Planner Wenger located the area on the zoning and land use map,
described the land use in the surrounding area, showed slides of the area, and
stated that this is the only lot In the area that is zoned "B-1," and a residence
is located on the property. Mr. Wenger also informed the Council that the pro-
perty has been zoned "B-1" for a number of years, but a business has never been
operated there.
Speaking in opposition to the change of zoning was Mrs. Fred Oldham, the
owner of the property, who stated that this property was purchased in 1949; the
lot was very small and suitable only for a residence; she and her husband bought
the house with the understanding that It was business zoned, but that she does
not plan to construct a business there but plans to continue to reside in the
house located there.
Mayor Jones verified Mrs. Oldham's statement that she does not plan to
operate a business on this lot.
Mayor Pro Tem Sample explained to Mrs, Oldham that the City just plans
to rezone the property "R -1B" to properly reflect the usage. Mr. Sample also
reminded Mrs. Oldham that her street was improved several years ago, and if her
property had been zoned "R -1B" at that time, a much lesser amount would have been
assessed, pointing out that it might be to her advantage to have the property zoned
"R-16."
Council Member Turner further explained that this change of zoning would
only allow a residence to be located on the lot and would prohibit a business
from being established there.
Minutes
Regular Council Meeting
May 16, 1979
Page 20
Mrs. Oldham reiterated that she really wants the property to be used as a
residential lot.
Mayor Pro Tem Sample inquired if In fact Mrs. Oldham did pay her street
assessments on the basis that the property was zoned "B-1", if there is any way
that she could be credited for the difference between business assessment and a
residential assessment.
City Manager Townsend replied that he would have to discuss this with the
Finance Department and the Legal Department.
No one else spoke in regard to this application.
Motion by Sample that the hearing be closed, seconded by Zarsky and passed
unanimously.
City Manager Townsend suggested that it might be appropriate to table this
application for one week so that the taxes and the street paving assessments can
be checked by the staff.
Motion by Sample that action on this application be delayed for one week,
seconded by Best, and passed unanimously.
City Manager Townsend called for consideration of the following tabled item:
Proposed revisions to milk inspection and related fees. This item has been tabled
a number of times with the last time being April 4, 1979 until the outcome of
legislation before the current state legislature is known. The legislation would
transfer inspection responsibilities from the City to the State, authorizing
only the Texas Department of Health to impose license fees, allow municipalities
to authorize the sale of only pasteurized milk or milk products and clearly
define the role of the State Health officer in milk inspection.
The legislation (S.B. 315) has passed both the House and the Senate and has been
sent to the Governor. The appropriation bill in both the House and Senate includes
$565,000 for State inspection plus fees collected, not to exceed $100,000.
City Manager Townsend suggested that since the bill is on the Governor's
desk for a signature, it might be appropriate to further table this matter until it
is known whether or not the Governor will sign it. He did state, however, that there
is a question about the amount of the appropriation.
Motion by Zarsky that this matter be further tabled for one additional week,
seconded by Best, and passed unanimously.
**t* L*t* kit
Minutes
Regular Council Meeting
May 16, 1979
Page 23
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY
AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES,
BY INCREASING THE SPEED LIMITS ON VIOLET ROAD (F.M. 24) FROM A POINT 5531.35 FEET SOUTH
OF LEOPARD STREET (S.H. 9) TO THE NORTH FRONTAGE ROAD OF I.H. 37 TO 45 MILES PER HOUR
AT ALL TIMES, EXCEPT WHEN SCHOOL LIMIT FLASHERS INDICATING 35 MILES PER HOUR ARE
DISPLAYED 100 FEET FROM EACH SIDE OF GUESS DRIVE AND BLADES DRIVE; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
SECOND READING:
AMENDING THE ASSIGNMENT AGREEMENT AUTHORIZED BY ORDINANCE NO. 13694, ASSIGNING THE LEASE
AUTHORIZED BY ORDINANCE NO. 13070, LEASING TRACT 12 OF THE COASTAL PUBLIC LANDS, BEING
SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY FOR THE PURPOSES
OF BUILDING AND OPERATING A BAIT STAND BUSINESS, BY INCREASING THE ANNUAL RENTAL FROM
$792 TO $1,200 AND BY REVISING AND ENLARGING THE AREA OF THE TRACT FROM 1.38 ACRES OF
LAND AND SUBMERGED LAND TO 1.894 ACRES, ALL AS MORE FULLY SET FORTH IN THE AMENDED
ASSIGNMENT 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 reading
by the following vote: Jones, Sample, Best,Diaz, Dumphy, Turner and Zarsky voting "Aye".
SECOND READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED BY
ADDING A NEW SECTION, 23-63A, TO ARTICLE III, UNHEALTHFUL OR DANGEROUS CONDITIONS, SO
AS TO MAKE IT UNLAWFUL FOR ANY PERSON TO PLACE ON, TAKE ONTO, OR DEPOSIT THEREON, OR
PERMIT THE PLACING ON, THE TAKING ONTO OR THE DEPOSITING THEREON OF ANY GLASS BOTTLE
OR GLASS CONTAINER OF ANY KIND ON OR IN ANY CITY PARK, CITY -OPERATED PUBLIC BEACH
WITHIN THE CORPORATE LIMITS OF THE CITY, OR PUBLIC PROPERTY ADJOINING CORPUS CHRISTI
BAY; PROVIDING AN EXCEPTION FOR PUBLIC BUILDINGS; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading
by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting
"Aye"
ORDINANCE NO. 14904:
AUTHORIZING THE PURCHASE OF A TELEVISION INSPECTION/SEAL UNIT FOR USE BY THE WASTEWATER
SERVICES DIVISION FROM CUES, THE CARBORUNDUM COMPANY, ORLANDO, FLORIDA; APPROPRIATING
AN AMOUNT OF $56,809 FROM THE 250 SANITARY SEWER BOND FUND; PROJECT NO. 250-77-16
TELEVISION INSPECTION/SEALING UNIT ACQUISITION FOR SAID PURCHASE, AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE N0. 14905:
AUTHORIZING THE PURCHASE OF TEN TWO-WAY RADIOS FOR TRANSIT BUSES FROM THE GENERAL
ELECTRIC COMPANY AS PROVIDEDIN THE 1978 UMTA CAPITAL GRANT PROJECT N0. TX -05-0036
FOR $11,590; APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT 218-72-4,
TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1978), $13,840, OF WHICH $11,590 I5 AUTHORIZED
FOR PURCHASE OF SAID RADIOS AND $2,250 IS AUTHORIZED FOR INSTALLATION; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
Minutes
Regular Co-ncil Meeting
May 16, 1979
Page 24
ORDINANCE NO. 14906:
AUTHORIZING THE PURCHASE OF THREE 35 -FOOT AIR-CONDITIONED DIESEL BUSES AND ONE SPARE
DIESEL POWER TRAIN FROM GMC TRUCK AND COACH, SUBJECT TO APPROVAL BY THE URBAN MASS
TRANSPORTATION ADMINISTRATION, AS PROVIDED IN THE 1978 UMTA CAPITAL GRANT PROJECT
N0. TX -05-0036 FOR $333,129.00; APPROPRIATING OUT OF THE 218 TRANSIT BOND FUND FOR
PROJECT NO. 218-72-4 TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1978), AN AMOUNT OF
$333,129.00 FOR THE SAID PURCHASE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE N0. 14907:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF
HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND
PARTICIPATION IN UMTA PROJECT NO. TX -05-0036 IN THE AMOUNT OF 65% OF THE AUTHORIZED
LOCAL SHARE COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM; 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"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE N0. 14908:
APPROPRIATING OUT OF THE NO. 295 STORM SEWER BOND FUND $5,250.00 FOR APPRAISAL SERVICES
BY RICHARD CLOWER IN CONNECTION WITH THE ACQUISITION OF SEVEN PARCELS OF LAND FOR THE
GABRIEL TERRACE DRAINAGE OUTFALL, PROJECT NO. 295-72-2; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14909:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPRAISAL AGREEMENT WITH SIDNEY H. SMITH,
III, FOR REAL ESTATE APPRAISAL SERVICES FOR THE ACQUISITION OF ONE PARCEL OF LAND FOR
THE EVERHART ROAD AT PADRE ISLAND DRIVE RIGHT -TURN -LANE, AS MORE FULLY SET FORTH IN
THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE N0. 220 STREET IMPROVEMENT BOND FUND THE
SUM OF $695 FOR THE AFORESAID SERVICES, APPLICABLE TO PROJECT N0. 220-77-4, EVERHART
ROAD: PADRE ISLAND DRIVE TO STAPLES ADDITION OF ONE LANE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14910:
AMENDING ORDINANCE N0. 14322, PASSED AND APPROVED MAY 17, 1978, BY AMENDING SECTION 3
OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE
ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: Nueces Bay Boulevard (Metropolitan
Highway 104), from Interstate Highway 37 to West Broadway Street (MR007(1)-8007-16);
Airport Road (FM Road 665), from Agnes Street (Loop 443) to Morgan Avenue (MR006(1)-8006-16,
AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
Minutes
Regular Council Meeting
May 16, 1979
Page 25
ORDINANCE NO. 14911:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGTEEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE NUECES COUNTY COMMUNITY ACTION AGENCY TO PROVIDE FOR THE PAYMENT OF UTILITY
BILLS FOR ELIGIBLE HOUSEHOLDS FROM FUNDS MADE AVAILABLE FROM THE 1978 EMERGENCY ENERGY
ASSISTANCE PROGRAM (EXTENDED), IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following vote:
Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14912:
CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT ALONG THE COMMON BOUNDARY LINE
OF LOT 8 AND LOT 9R, BLOCK 1, ALAMEDA ESTATES UNIT I, MORE FULLY DESCRIBED HEREINAFTER
BY METES AND BOUNDS, 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: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14913:
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 WILFRED D. WHITESIDE, D.D.S.,
BY AMENDING THE SPECIAL COUNCIL PERMIT AUTHORIZED BY ORDINANCE NO. 7972, PASSED AND
APPROVED ON APRIL 6, 1966, ON LOTS 62,63 AND 64, BLOCK 808, PORT ARANSAS CLIFFS,
SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BY AMENDING THE EXISTING
SITE PLAN TO SHOW THE LOCATION, SIZE AND HEIGHT OF THE EXISTING FREE-STANDING SIGN,
AS MORE FULLY SET FORTH ON THE AMENDED SITE PLAN, ATTACHED HERETO AHD MADE A PART
HEREOF, MARKED EXHIBIT HA"; 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: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
ORDINANCE NO. 14914:
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF
AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE
AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY
ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI, BY
AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THRU 12, BLOCK A, AND LOTS 1
THRU 12, BLOCK C, REYNOLDS ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES
COUNTY, TEXAS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "R -1B" ONE -FAMILY DWELLING
DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED.
REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance passed by the following
vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye".
* * * * * * * * * * * *
City Manager Townsend reminded the Council that Item 5 of the agenda, per-
taining to Appointments to Boards and Committees, had been temporarily delayed and
suggested that the appointments as discussed during the Workshop Meeting be
Minutes
Regular Council Meeting
May 16, 1979
Page 26
considered at this time. Mr. Townsend then reviewed the appointments as discussed
during the Workshop Meeting for the Board of Equalization and the Coastal Bend
Consortium Executive Committee.
Council Member Diaz questioned the selection of appointees to the Board
of Equalization, noting that he was absent from the meeting at the time the vote
was taken. Mr. Diaz informed the Council that it has always been the policy of
the Council that when one member is absent, appointments will not be made.
Council Member Best informed Council Member Diaz that the other Council
Members were not aware of this policy when the runoff vote for the appointees to
the Board of Equalization was taken.
Council Member Dlaz stated that he would like to have the runoff vote on
this Board taken again.
City Manager Townsend then listed all of the names under consideration,
and following the runoff vote for the appointments to the Board of Equalization,
the following names were listed: Mr. Stanley J. Hultman, Mr. Bill Curry and Mrs.
Imelda Garcia.
Motion by Diaz that the following appointments be confirmed, seconded by
Zarsky, and passed unanimously:
BOARD OF EQUALIZATION Term to Expire
Mr. Stanley J. Hultman 4-30-80
Mr. Bill Curry 4-30-80
Mrs. Imelda Garcia 4-30-80
City Secretary Read suggested that a motion to approve the appointments
informally made during the Workshop Meeting to the Coastal Bend Consortium Execu-
tive Committee might be in order.
Motion by Sample, seconded by Diaz, and passed unanimously that the
following appointments be confirmed:
COASTAL BEND CONSORTIUM EXECUTIVE COMMITTEE
Mayor Luther Jones, Chairman
Dr. Jack Best
Mr. Jack K. Dumphy
Mrs. Betty N. Turner
Mr. Cliff Zarsky
Minutes
Regular Council Meeting
May 16, 1979
Page 27
City Manager Townsend asked the Council to consider the Consortium meetings
and determine a time that would be convenient for them to meet. He stated that he
realized that they all had other commitments and Indicated that they are not obli-
gated to serve on the Executive Committee.
Council Member Best inquired if the meetings could be conducted on Wednesdays
similar to the one held today from 11:00 a.m. until 1:30 p.m.
City Manager Townsend replied that this depends on the amount of time allo-
cated for each person to speak, stating that sometimes the meetings become quite
lengthy.
Mayor Jones suggested that some of the Council Members might wish to appoint
someone else to serve on this committee in their places.
City Manager Townsend agreed that the Council has the right to appoint a
representative but not an alternate to this committee.
Mayor Jones called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. John Natale, 925 Whitaker, appeared before the Council to register a
complaint in regard to raw sewage that is frequently on his street. Mr. Natale
stated that this situation occurs repeatedly, not Just when heavy rain Is in the
area. He informed the Council that one of his neighbors had raw sewage on her
property on Tuesday and it was not even raining. He stated that the Public
Utilities Department and the Health Department have been contacted several times,
and the only measure taken to correct the situation was to insert a snake -type
instrument into the large sewer line to try to open It. Mr. Natale explained that
he had registered a formal complaint in regard to this matter with the Environmental
Protection Agency and he understood that a letter was sent to the Mayor in regard
to the matter.
City Manager Townsend informed Mr. Natale that the staff is aware of the
problem, but that he was under the impression that the matter had been resolved.
Mayor Jones inquired about possible action that could be taken to correct
this sewer problem.
Minutes
Regular Council Meeting
May 16, 1979
Page 28
Mr. Natale suggested that the newly purchased TV equipment be used to
examine the line.
City Manager Townsend stated that he suspected that a broken sewer line
is involved and assured the Council that a report will be available on this next
week.
Also speaking in regard to this problem was Mrs. Mary Ortiz, 915 Whitaker,
who stressed the unhealthy situation that existed at her home because of the raw
sewage and urged that the Council do something to alleviate the problem.
* * * * * * * * * * * *
City Manager Townsend asked the Council if they wished to consider the
closed meeting to discuss personnel matters at this time.
Motion by Sample that the Council go into closed session to discuss person-
nel matters under the authority granted by Article 6252-17 Section 2(g),V.A.C.S.;
seconded by Turner; and passed unanimously at 6:12 p.m.
Mayor Jones reconvened the Regular Meeting at 7:02 p.m. and stated that the
Council had agreed to appoint Mrs. Helen Gurley to the position of Human Relations
Coordinator.
There being no further business to come before the Council, on motion by
Sample, seconded by Turner, and passed unanimously, the Regular Council Meeting
was adjourned at 7:04 p.m., May 16, 1979.