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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 Minutes 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 Minutes 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. Minutes 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 $333,129 on the basis of an option contained in their previous low bid for two such coaches. The two previous coaches were purchased just prior to the moratorium and GMC's bid contained an option for the purchase of 3 additional coaches. The 3 coaches to be purchased are included in the 1978 Capital Assistance Grant from the Urban Mass Transportation Administration. They will be paid for 80% by the federal government, 13% by the state and 7% by the City. The City's portion is available in the Transit Bond Fund. The coaches will replace 1967 35 passenger models. e. Minutes Regular Council Meeting May 16, 1979 Page 6 f. A contract be authorized with the State Department of Highways and Public Transportation wherein the State will reimburse the City 65$ 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 Minutes 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 Minutes 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 $6,800, but this amount will simply be transferred from other salary balances and the budget itself will not be increased. Mr. Townsend Minutes Regular Council Meeting May 16, 1979 Page 9 assured the Council If they still had questions about this Item, he would be glad to withdraw It. Mayor Jones indicated that he would not be in favor of having the item withdrawn since the employees are obviously needed in the Municipal Court Activity. Motion by Turner that Item "J" of the City Manager's Reports be withdrawn, seconded by Best. Council Member Dumphy stated that basically all that the staff plans to do is transfer funds from one source to another and the budget will not be increased. After further discussion, Council Member Turner withdrew her motion. k. A Maintenance Mechanic Foreman, Grade 21, be authorized as a training instructor and project supervisor in conjunction with Project number 90, Interior Finishing and Renovation, Department of Inspections and Operations and Special Protect number 161, Recreational Fecillties Renovation. Montes are available in Personnei/CETA Administration and Personnel/CETA Training, both of which are 100$ 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. Minutes 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 Minutes 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 Minutes 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, Minutes 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.