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HomeMy WebLinkAboutMinutes City Council - 06/20/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 20, 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 Luther Jones called the meeting to order in the Council Chambers of City Hall. Reverend John R. Glover of Arlington Heights Church of Christ gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced that a proclamation designating June 22, 1979 as "MISS BLACK CORPUS CHRISTI DAY" was scheduled to be presented this week. Motion by Diaz that the minutes of the Regular Council Meeting of May 30, 1979 be approved as presented; seconded by Zarsky; and passed unanimously * Mayor Pro Tem Sample arrived at this time. Mayor Jones then presented retirement plaques to the following employees: EMPLOYEE: Mr. Chester Jones Mr. Jim McNorton DEPARTMENT: POSITION: YEARS OF SERVICE: Fire Captain 40 Water General Foreman 29 Mayor Jones next announced the scheduled bid opening on the following engineering project: 7 BID OPENING - 2:00 P.M. Sanitary Sewer 34-B, Section 2, of the Allison Plant trunk sewer system, including approximately 2,000 L.F. of 18" sanitary sewer in Hearn Road from Brooklane Drive to Highway 77 and F.M. 624. This project was originally scheduled for bids on February 7, 1979, but, due to the estimated cost of the line being high because of line depth, plans were redesigned for a shallower trunk line. This is a 1977 Bond project. The developers of Wood River Subdivision have agreed to pay the cost of oversizing the line from 15" to 18" to serve Wood River. This is the last of three contracts from IH 37 and Sharpsburg Road to Highways 624 and 77. The other two contracts are now under construction. SEP 0 4 gaap \- Minuces Regular Council Meeting June '0, 1979 Page , Manager R. Marvin Townsend requested that Mr. James K. Lontos, Director of Enginearrng and Physical Development, conduct the bid opening on this project. Lontos opened and read bids from the following firms: Cactus Utility Co.; Claude Chapman; Heldenfels Brothers; Isles Construction Co.; and Maverick Construction, all of Corpus Christi. He stated that all companies had submitted the required bid security checks. Miyor Jones announced that the apparent low bidder was Isles Construction Lompan; but stated that the bids will be tabled for 48 hours, pursuant to the require- ments of the City Charter, and referred to the staff for tabulation and recommendation. It was ascertained that presently, Isles Construction Company is working on Leo street improvement projects and at the suggestion of Mayor Pro Tem Sample with the support of Council Member Diaz, the staff is to give a reporr to the Counc'S on the quality of the work by Isles Construction Company in the near future. Mayor Jones stated he would like to resume discussion on improvements at the international Airport and inquired of the Council if it is tncir desire that this tem ue put on the agenda for further discussion next week. Council Member Diaz inquired if the Council would receive new information if it is discussed next week. City Manager Townsend assured the Council that there would definitely be something new. Mr. James Lontos, Director of Engineering and Physical Development, informed the Council that he hopes that after his review and inspection of the airport tomorrow, they will have some implementation, together with some information on a solution to some of the problems that have created an impasse in the airport. Council Members did agree that further discussion should follow on the matter on next week's agenda. * * .. .. .. * * Mayor Jones called for the City Manager's Reports. Mir. Regular Council Meeting lune 20, 1979 i'ege 1 City Manager Townsend presented the following items with related comments and explanations and recommended that: a. A public hearing be held at 2:00 p.m. on July 11, 1979 to close all streets, alleys, and right-of-ways in the area bounded by West Redbird Lane, Calallen Drive, W. Buckhorn Street and Avenue C in the Calallen Townsite. The property owners are replatting the property so that it can be developed as a residential subdivision. b. Bids be received at 11:00 a.m., Tuesday, July 10, 1979 on the budgeted purchase of an electric food mill for the Elderly Nutrition Program. Foods such as vegetables are currently sliced, diced and/or grated by hand. 720 meals per day are now being prepared. c. Bids be received at 11:00 A.M., Tuesday, July 10, 1979 for repair of a GMC refuse collection truck. Repairs include an engine and brake overhaul. Formal blds are being requested because more than one shop can probably do the work. Bidding should be possible without tearing down the truck. Specifications provide that price adjustments will be allowable for more or less work. d. 4 used 6 x 6 army surplus trucks be purchased from MEMPHIS EQUIPMENT, Memphis, on the basis of low bid of $16,044. Bids were received from two firms. The units will replace worn out Fire Department brush trucks. e. The recommendation of the Park Board that the five-year lease with Mr. L. M. Bishop for the McGee Beach Concession be amended to allow the sale of draft beer in paper cups be approved. Mr. Bishop pays the City 15-1/2% of gross income, according to the lease which was awarded on February 11, 1976. f. Mrs. Amy Money be granted a five year sightseeing tour franchise. Other such franchises are Gray Line of Corpus Christi and Texas Tramways Company. Texas Tramways has not yet initiated service. The grantee will pay the City 4% of gross receipts as the franchise fee. The franchise would be operated as Sparkling City Excursions. Mayor Jones inquired as to where Mrs. Money planned to operate her business. City Manager Townsend replied that Mrs. Money will try to organize from her home and, apparently, later on, from another location and that she has indicated that she is willing to comply with all safety and insurance requirements. Council Member Best asked if the City tries to have any quality control on this type of services. City Manager Townsend stated that the minimum standard requirements as of now were basically like those of the taxicabs. Council Member Diaz inquired if Mrs. Money would coordinate her activities with some of the conventions. City Manager Townsend then read Mrs. Money's proposal in which she states that it is her intention to coordinate her activities with the conventions and comply with all of the ordinances of the City. g ire u i a r s at n S ist Meeting June 20, 1979. Page ihe City accept a $20,000 grant from the Community Services Administration c.hro gh the Nueces County Community Action Agency for the 1979 Summer Youth Prcreetion Prorame The City has operated such a program for a number of somneo s. There is no local match. The money will be used for programs rt six recreation centers and to transport participants to and from various =ctivities and for field trips. he The Mu.;nicpal Arts Commission send a letter of intent to submit a grant application to the National Endowment for the Arts for a Bayfront Plaza sculpture. The letter of intent is needed by June. 30. The proposa's' has Leen in the planning stage for over a year° If appropriations are not included in the 1979-S0 budget, the letter of intent can be withdrawn, is Closed meeting to discuss personnel matters. C "sty Manager Townsend explained that under item °'h", the prior Council had adopted severalguidelines set by the Municipal Arts Commission and that a reco mendatic, had been before them on December 6, 1978 that a revised timetable be adopted for sub- mitting a grant request to the National Endowment for the Arts for a sculpture ft.r the Bayfront Plaza, Mr. Townsend further stated that the Council decided to postpone the application for one year and that an appropriation of $2500 from the hotel -motel rtax fund was authorized at that time for the expenses. of •bringing a consultant.and three r v.¢ew panelists to Corpus Christi to assist in the selection of the artist; that the panel had talked in terms of. placing the sculpture inside the complex which would be between the Convention Center and the Art Museum or- out in the Center directly in font of the Art Museum, but -finally decided the most appropriate location- is on the b;ay side of the facility. City Manager Townsend further stated that the request brought aye fir, -e them today i d not commit the City to anything; however, the letter of intent had to be mailed by June 30 Council Member Turner ascertained that none of the three artists were local Counc r' l Member Best inquired as to how much had been spent out of. the $2,500. appropriated to bring forth the panelists and City Manager. Townsend called on !Mrs Phyllis Burson, Director of Community Enrichment, to give. that report. Mrs'. Burson, in reply to Council Member Best's question, stated that a total figure of $800 had been spent thus far and that $200 honorarium would be .allowed each panelist. Council Member Best stated that although the sculpture would be a nice thing to have, he felt it•would just be "icing on -the cake" since the $50,000 that is. to core opt of- the hotel -motel tax fund could be well used for the :completion of the center Ern s item was later• discussed-. Mi. .s Regular Council Meeting June 20, 1979 Page 5 Council Member Turner inquired if the City could resubmit the application next year if the Council were to decide not to proceed. City Manager Townsend responded by saying that he does not know if money will continue to be available from the National Endowment of the Arts for this kind of grant. Motion was made by Council Member Best that the letter of intent not be sent as recommended; seconded by Council Member Turner. It was noted that none of the members of the Municipal Arts Commission were present, and at City Manager Townsend's suggestion, Council agreed to have represen- tatives of the Municipal Arts Commission come before the Council the following week during the Workshop meeting for further discussion regarding the proposed grant application. Mayor Pro Tem Sample stated that he would hesitate to vote on it at this time; he understands the City is in a position now where it needs to proceed because of the time frame involved; but would like to study the situation a little longer. Council Member Diaz expressed his opinion by saying that although he is not opposed to having art, he finds it inappropriate to spend $50,000 for art at this time. Council Member Diaz further agreed that Municipal Arts Commission members should be present at the next Workshop meeting. Council Member Turner pointed out that while it would be nice to have a sculpture at the Bayfront Plaza Science Park near the convention center, she doesn't think it is something the City can afford. Since it was the consensus of the Council to place the Municipal Arts Commission representatives on the agenda for the Workshop Meeting on the following week, Council Member Best withdrew his motion to deny the request that the letter of intent be sent to submit a grant application to the National Endowment for the Arts for a Bayfront Plaza sculpture. Council Member Turner withdrew her second. Mayor Jones called for any comments from the audience regarding the City Manager's Reports. Mrs. Amy Money, 4006 San Fernando Place, spoke at this time stating that she is looking forward to operating the Sparkling City Excursions. Mrs. Money added that she will be working in conjunction with the City; that with the new convention center, more people will be coming into our City; that she feels more transportation is needed; and thanked the Council for their consideration of her request. Minutes Regular Council Meeting June 20, 1979 Page 6 Motion by Sample that the City Manager's Reports, Items "a" thru "h" be approved; seconded by Best; and passed unanimously. ..t * * * * * Mayor Jones announced the following tabled zoning application: 9, TABLED: Mr. Duane A. Davis for change of zoning from "R -1B" One -Family Dwelling District to "8-1" Neighborhood Business District on Lot 1, Staples Grove, Unit 1, located on the northwest corner of South STaples Street and La Costa Drive. The public hearing on this appliction was held on May 16, 1979 at which time the applica- tion was tabled until today at the applicant's request. City Manager Townsend informed the Council that the applicant had called the City Secretary and assured him that it was his intention to withdraw his application, and even though it is required that the letter of withdrawal be submitted prior to action of withdrawal, he is recommending that the applicant's request be granted, Mayor Jones asked if the Council had no objection, the application would be withdrawn. Motion by Sample that the Council convene in closed session to discuss a personnel matter under the authority granted by Article 6252-17 (c) of V.A.C.S.; seconded by Dumphy; and passed unanimously. The Council then went into closed session at 2:49 p.m. * * * * * * * * * * Mayor Jones reconvened the Council in Regular session at 3:12 p.m. Mayor Jones called for presentation of the ordinances. City Manager Townsend briefly explained the ordinances on the agenda; there were no questions or comments from the Council or members of the audience; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AMENDING THE LEASE AGREEMENT AUTHORIZED BY ORDINANCE NO. 13017, BETWEEN THE CITY OF CORPUS CHRISTI AND L. M. BISHOP FOR THE McGEE BEACH CONCESSION, BY AMENDING SUBPARAGRAPH (1) UNDER THE SECOND PARAGRAPH OF THE SAID LEASE AGREEMENT 50 AS TO PERMIT THE SALE OF DRAFT BEER IN PAPER CUPS. 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". Mi Regular Council Meeting June 20, 1979 Page 7 FIRST READING: GRANTING MRS. AMY MONEY, dba SPARKLING CITY EXCURSIONS, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PERCENT (4%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE THE LOTH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER •UPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE N0. 14961: ACCEPTING THE BID OF CORPUS CHRISTI NATIONAL BANK AS CITY DEPOSITORY BANK FOR THE ENSUING TERM 1979-81: ACCEPTING AND APPROVING THE PLEDGE OF SECURITY OF SAID DEPOSITORY BANK IN LIEU OF BOND AS SUCH CITY DEPOSITORY BANK; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH DEPOSITORIES THAT ARE APPROVED BY THE CITY DIRECTOR OF FINANCE AND SUCH OTHER SECURITY HOLDER AS TRUSTEE FOR SAFEKEEPING; 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. 14962: AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN A $20,000 GRANT FROM THE COMMUNITY SERVICES ADMINISTRATION THROUGH THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR THE 1979 SUMMER YOUTH RECREATION PROGRAM; 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". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, spoke regarding a recent article in the Caller -Times stating that the Peoples Street development project had the Council's blessing and the suggestion of City Manager Townsend that the City might even be inter- ested in sponsoring some kind of flea market or market place operation on Peoples Street. Mr. Rosenstein expressed his concern in that he feels that if the Council is considering this project, they must think it is favorable for development at taxpayers' expense. In summary, Mr. Rosenstein stated that he is of the opinion that it is a disgrace that the same Mayor and City Council who promised the citizens a tax cut would consider putting tax money in a block that has adult book stores, peep shows and a tattoo parlor. Minutes Re e l a r Cr:.nne i i Me ; i ng ,lune: 20, 1379 Pane 2 C•i ;J Manager.Townsend informed Mr. Rosenstein that hi_; statement €-f_TordR:eg the Peoples Street project had simply been that he could have the steff. COL NltC: the mee*e7 '.nd work with Mr. Bill Sweetland; that the idea may !.eve some ;.°, s hi: ities. and. irviicated that it would be reviewed. but that was far from being an Mayor Jones spoke ie Council's defense stating that or. marry oras i roes , the Ceunz i l mon, ask reports from City Manager Townsend but that toes n' t necc:sr e i l y mean ti,et peey will endceree the project. Ltar.rric! 1 Member Best s.ai.d that he would like to recognize the pre,3enee of son, St4.vc:Z ii st,- at this time. . Mr. J. E. O'deien, 3140 Pompano, spoke at this time stating he is=g:e ju t appeared 'be!=ere the : oar -.1 cf Enual ization and had requested that the entire Board si o 1d resign in protest of • his 'i taxes, Mr. O'Brien ur;ed that in considering the budget for this coming year, chc Council cut the budget down to the hone and set a tax rate :3s low as oaseiisle., Mr. D"B'rien -further- urged that the Council consider passinn a resolution endorsing the governor's request for a referendum law. Ne one else addressed the Council on matter's not eeheduled on t,hc - gaii iea. Mayor Acnes called for a recess of the Regular Council peetineg at 3:25 p.m. Mayor .Jones reconvened the meet4n4 'at 3;30 p.m. and announr;ed in^ public hearing on five Tori i ng cases. -- City City Manager Townsend announced' the 'public hearing on Application Mo. 579-10, Mr. Richard S, Ccalicae, fora change of zoning from 10P.-1" Apartment Kruse Di;trir:t to 1°AB" Professional Office District located on the south side of Furman Avenue approx!- mateie °50 feet west of South Tancahua Street, being portions of Lots 5 and 6, Mock 4, elamnton Addition. Mr. Townsend informed ' the Council that the Planning Commission's recommend t p on it for denial of "AB" and in lieu thereof grant a special permit fog- n parking lot sub.aecl to an appropriate site ;plan with a waiver,of the standard screening fence requirement ens' that :)11 May 29, 1.979 the '.Comm i ss ion; after being advised by t1' , til.?° i::r-nnt's e3l'trrn9v that he would not accept a special permit, chose to :onr.'ar with tht. .'1anising staff's recommendation for denial on the basis that the City should etib: port tele f-nrc..;r' Block Association in their ',efforts: to upgrade at r :it i ig h,ous i rag @supply from encroachment into this area. Eg rbeirl l'ad'' City Manaje 40 M s Regular Council Meeting June 20, 1979 Page 9 Townsend further informed the Council that in response to the notices of the public hearing, three in favor and four in opposition were returned. He then asked Chief Planner Larry Wenger to summarize. 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 the City does own the MHMR facility(an AB use) which is a few houses to the west; however, they have requested permission to expand and the City is presently seeking another location so the facility will be moved in the near future. Mayor Luther Jones inquired as to why the applicant would oppose a special permit on the request to expand the parking area for his adjacent office building. Speaking on behalf of the applicant was Mr. Sam Westergren, Jr., attorney, who responded by saying that the reason the applicant would not accept a special permit is because it would entail a lot of requirements on the owner's part with all sorts of limitations. Mr. Westergren further stated that the applicant is planning to expand the parking lot area because of additional employees and security to the area; that his request would enhance property values in the area; that the location of the MHMR Center here has already set a precedent for "AB" type use in this area; and that the main objection has come from the Furman Avenue Association, which has set certain rules of revitalizing the neighborhood and asked what difference would it make if the request were approved for "AB" zoning. Mr. Westergren stated that there were no concrete, specific plans that the Furman Avenue Association has advanced to show that Mr. Colley would hamper their efforts. Mr. Westergren urged the Council for their approval of the request. Mayor Pro Tem Sample questioned why the applicant would be so opposed to accepting a special permit if his intentions for the area involved are for expansion A of a parking lot. Mr. Westergren responded that if a special permit were accepted, then it would result in the City staff telling an architect how to landscape the applicant's property. Mayor Jones stated that he is certain Mr. Colley intends to install a parking lot but doesn't understand why he cannot agree to the special permit. Council Member Best inquired of City Manager Townsend whether it was really necessary to submit a site plan if a special permit were to be issued. City Manager Townsend explained that an appropriate site plan of the area involved has to be submitted as a requirement of granting a special permit, but that Minutes Regular Council Meeting June 20, 1979 Page '0 the sote ;tan does not have to have the detail for the landscaping. No one else spoke in favor of the application. S.- aking in opposition to the application was Mr. Jeffrey Sigler, 716 Furman Avenue, wno stated he resides exactly across the street from Mr. Colley',, Int end a member of the association. Mr. Sigler spoke in defense of the association, stating that the association has been in existence for only a year and also objected to Mr. Westergren's derrogatory remarks. Mr. Sigler went on to say that he has heard From an ex -employee of Mr. C.olley's that he intends to put up a print shop; hence, the reason for objecting to the special permit. Mr. Sigler further added that parking facilities are available in the nearby church Monday through Friday; he strongly opposes "AB" zoning of the area for fear it will make the neichborhood more unstable; added that the revitalizing of old homes is a trend going on right now; and that he would like to point out that his tax reassessment notice recei.'ed ',howeu an increase of over 657 which proves that the neighborhood is not going downhill. In conclusion, Mr. Sigler urged that Mr. Colley's request be denied. Also in opposition was Mr. Gilbert De Los Santos, 81, + 819 Furman, stating ghat he has been a native of that residential area all of hi; life and added that be is in favor of progress, change, and improvements but against anything that might pose a threat to the Furman Avenue residential area and would like for it to continue as residential property. Mr. Walter Miller, 1007 Furman, spoke in opposition, p,intina out that Furman „e,iae one of the few wide residential streets in town. Mr Miller stated that oroc- the water main in installed, it will be much more appealig, adding that he, too, rou+d like to keep it strictly residential. Mr. Miller contined by saying that the r,;rman Avenue Association has been presented with a program frc\n the Historical Society; l their plans are to upgrade and revitalize the neighborhood; men�ioned that Mr. Colley t has been asked to join the association, which Mr. Colley denied;\and that a special permit was only recommended at the last moment by Mr. Peeples duicng the Planning Commission meeting. Mr. Miller concluded by saying that he hope, the City will support the Furman Avenue Association's efforts and deny this request, M Regular Council Meeting June 20, 1979 Page 11 Mrs. Connie Sigler, 716 Furman Avenue, stated she had absolutely nothing against business or Mr. Colley's beautiful facilities but does object to rezoning the residential street. Mrs. Sigler expressed her concern that if this request is granted, some other business might try to come into their residential area, and the City might not be able to refuse rezoning, thus turning this into a commercial area. Mrs. Sigler added that she is aware that the MH -MR building is used as"AB", but that is one of the nicest looking buildings in the block and is not established as a business, adding that the MH -MR Center will be relocated in the very near future. Mrs. Sigler passed out pictures of Furman Avenue houses that are in existence; stated that she would like to point out that they are a downtown neighborhood; a lot of condominiums and residential properties and activities are going on downtown; and that she feels this will probably boost the downtown area. Mrs. Bonnie Tinker, President of the Furman Avenue Association, mentioned that there have only been three pieces of property which have changed ownership since the association got started; that the people in that area are interested in revitalizing and enhancing the neighborhood; and that she does not feel that the applicant's request would enhance property values in that area. Mrs. J. B. Trimble, owner of a duplex at 718 Furman, agreed with the people who spoke earlier in opposition to the request, stating that she would like nothing better than to keep Furman Avenue a neighborhood street. City Manager Townsend stated he would like to clarify that the MM -MR building is located in a house formerly owned by former City Attorney 1. M. Singer; it was taken over by the City as part of the process of establishing a City Health b Welfare department but instead seemed appropriate for the MH -MR Center; the lease has expired and is continuing at the present time on a month to month basis. Mr. Townsend further stated that the house is subject to change of owners, but it is still City property and he believes the City has the authority to dispose of it. Mayor Jones asked Mr. Sam Westergren, Attorney, to comment on the applicant's intention to put up a print shop as was previously alleged by Mr. Sigler. Mr. Westergren assured the Council there was no such intention on Mr. Colley's part; that this was just hearsay; and that the request was strictly for the expansion of a parking lot. Mayor Jones called on Mrs. Sarah Cooke, member of the Planning Commission who was present, and suggested that she express the opinions of the commission in regard to this zoning case. Minutes Regular Council Meeting June 20, ,979 Page '? M. Cooke stated that it was the feeling of the Planning Commission that it would be sn encroachment in a basically residential area and they felt that the appli- cant's request would not be to the betterment of the neighborhood; therefore, the Commission voted unanimously against the request, but did, however, racoimnend granting a special permit in lieu of the requested zoning. Mrs. Cooke further added that the application was later reconsidered on May 29 by the Commission after they had been advised by the applicant's attorney that he would not accept a special permit and therefore recommended denial of the request. No one else spoke in regard to this application. 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 and deny the requested zoning on Application 379-10; seconded by Turner; and passed unanimously. Mayor Jones stated he would like to add that in his opinion, there is no doubt that the parking lot would be a credit to the neighborhood. Council Member Diaz remarked that he is very sorry th-3t the applicant would not accept a special permit if it would allow what Mr. Colley is seeking to do. Council Member Dumphy stated that it was very difficult for him to understand why anyone would refuse to accept a special permit because a site plan had to be submitted. .. * * * * * ., * .. .. City Manager Townsend announced the public hearing on Application No. 579-12, Corpus Investments, Inc. and Ernest M. Poenisch, Jr. for a change of zoning from ''R -l3" One -family Dwelling District to "I-3" Heavy Industrial District located to the east of the Texas -Mexican Railway approximately 75 feet south of West Point Road; Tract A being a portion of Lot 8 and Tract B a portion of Lot 14, both out of W. 0. Womack Farm Lots. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend approval, and that in response to the notices of the public hearing, three in favor and one in opposition had been returned. Chief Planner Wenger located the tract on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the appl. is plan for Tract B to be used For a concrete precasting plana and related M. Regular Council Meeting June 20, 1979 Page 13 industries, and that a railroad spur will be extended through Tract A to the subject industries. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and grant "1-3" Heavy Industrial District on both tracts on Application 579-12; seconded by Dumphy; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 579-14, W. R. Grace Development Corporation, for a change of zoning from "R-2" Multiple Dwelling District to "8-4" General Business District located between Williams and Bonner Drives, approximately 600 feet east of South Staples Street, being a portion of Lots 17 and 18, Section 13, Flour Bluff and Encinal Farm and Garden Tracts. City Manager Townsend explained that the Planning Commission recommends approval, and the Planning Staff recommends denial on the basis that business should not be extended any farther into this area or a situation will be created similar to that along Corona Drive between Weber and Everhart Roads; also that there is almost a complete strip of business zoning along the east side of S. Staples Street from Padre Island Drive to Holly Road and on the west side from Holly to Wooldridge Roads. He stated that in response to the notices of the public hearing, two in favor and none in opposi- tion were returned. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area, and stated that the applicants plan to develop an approximate 12.4 acre retail center to a depth of 900 feet and that present "B-4" zoning is limited to 600' depth. Mr. Wayne Connally appeared on behalf of the applicant, explaining that this tract will be used in conjunction with the adjacent tract fronting on South Staples Street for a total development of a 135,000 sq. ft. retail marketing building at a value of some $6 million; that the facility will employ some 225 persons; pointed out that a portion of the property is already zoned "B-4"; and noted that this is a large nationally known department store which will be making their first entry into Corpus Christi but that he is not in a position to reveal their name at this time. Mr. Johnny Thomasson of Thomasson Realty Co. stated that he would like to Minutes Regular Council Meeting June 20, '379 Page ,4 .omee.nd M, Connally for his choice of site nn *he proposed business and that he sees no harm in modest extension of business zoning, adding that if the extension is not allowed i* ,1111 kill the project. Mr. Thomasson further added that he would like Council's consideration on this request. Mr. Wallace Lundgren, part owner of the property, spoke in favor of the request, adding that the business will bring money to the community and that he would like to see this request approved. Motion by Diaz that the hearing be closed; seconded by Zarsky, and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and approve Application No. 579-14; seconded by Zarsky; and passed unanimously. ***,t;, * * City Manager Townsend announced the public hearing on Application No. 579-16, Messrs. Henry Tucker and Phil Bradshaw, for a change of zoning from "R -1B" One -family Dwelling District to "R -E" Residential -Estate District located or, the south side of Ramfield Road, approximately 1,275 feet east of Roscher Road !eing Lots 3, 4, and 5, ._csson 38, Flour Bluff and Encinal Farm and Garden Tracts. Mr. Townsend stated that hoth the Planning Commission and the Planning staff recommend approval and two letters in support of the application had been received. He explained that the applicants are proposing to develop one -acre family lots Chief Planner Wenger located the area on the zoning and land rrae map, described ;ire land use in the surrounding area, and showed slides of the area. No one spoke in regard to this application. Motion by Sample that the hearing be closed; seconded by Turner; and passed u ian imously. Motion by Best that the Council concur with the recommendation of the Planning Commission and approve the zoning of "R -E" on Application 579-16; seconded by Dumphy; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 579-17, Mr. Eduardo L. M. Aquino, for a change of zoning from "R -1B" One -Family Dwelling District to "B-4" General Business District, located on the east side of the Crosstown Expressway between Korean Avenue and 17th Street being portions of Lots 46, 47 and 48, Block 1400, Bay - nce 1/2. h s Regular Council Meeting June 20, 1979 Page 15 Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval and that three letters in support of the application have been received. He explained that the applicant is requesting the change for parking in conjunction with adjacent business. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. No one spoke in regard to this application. Motion by Dumphy that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Best that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B-4" on Application No. 579-17; seconded by Diaz; and passed unanimously. * * * * * * * * * * City Manager Townsend presented the ordinances effecting the changes approved in the foregoing zoning applications. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14963: 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 CORPUS INVESTMENTS INC. AND ERNEST M. POENISCH, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A AND TRACT B, BEING PORTIONS OF LOT 8 AND LOT 14, RESPECTIVELY, W. 0. WOMACK FARM LOTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "1-3" HEAVY INDUSTRIAL 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" ORDINANCE NO. 14964: 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 EDUARDO L. M. AQUINO BY AMENDING THE ZONING ON THE REMAINING PORTION OF LOTS 46, 47 AND 48, BLOCK 1400, BAY TERRACE #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dlaz, Dumphy, Turner, and Zarsky voting "Aye". !ung 2' ;n9 ,;?ty accept a 520,000 grant fr ,, the f.omrnunity Services Administration , uh the Nueces Nsrnty Community Action Agency for the 1979 Sumner °ioutit i +eatico Proram. the City has operated such a program for e number cF „,,Yr,e,•s. There is no local match. The money will be used for programs retreat':++ _enters and to transport participants [n and from va vuus rivities aid for field trips. it,, r' p-,1 Arts i,omnission send a letter of intent to a gran. ap ,i�o,_i ,,, to the National Endowment for the Arts for a Bayfront Fi i -a letter of intent is needed by June 30. The prop=+sat r,-,+. ,cea in the r .n, stage for over a year. If appropriations air Encloded r the 197",-0 budget, the letter of intent can be withdraw• Clo, m --;ding to discuss personnel matters. C ty Manager Townsend explained that under item "h", the prior Council had adeo.-L.i several guidelines set by the Municipal Arts Commission and that a recon endat,e^ iiad becn uerure the on December 6, 1978 that a revised timetable be adopted for sub- mitting grant request to the National Endowment for the Arts fol es,'tlpt - rhe b,;,yf,c"t ilr- Townsend further stated that the Council decided to postpn72 tht- ;p ::,-titian for one year and that an appropriation of 52,500 from the hotel -motel tax idno «as auLhoriz?J at that time for the expenses of bringing a •onsultant and three p.✓w w p,netisLs t. Corpus Christi to assist in the selection of the artist; that t.ic ,ac, _ailed in !erns of placing the sculpture inside the complex which wur•'+' rhe fonwention Center and the Art Museum or out in the Center directly in 1coe. cF the Art Museum, but finally decided the most appropriate location is on „f tha i,-cility• City Manager Townsend further stated that the request broug;. today ,.t commit the City to anything; howevc', the letter of intedt ,Ila1 sed i icne 10- Co..neii le-i,er Turner ascertained that none of the three artists were local I c _mc = 1 r?:=n,ner- best t nqu i ; ed as to how much had been spent out of the $2,500 ,ppjpr,a,nd to bring forth the panelists and City Manager Townsend called on Mrs- hylii Burson, uirec+:or of Community Enrichment, to give that report. Mrs Burson. in reply to Council Member Best's question, stated that a total trg,v,e of $800 had Geer spent thus far and that $7n0 honor-a.,do„x,uld be allowed each -,nestle. Council Member dest stated that although the sculpcure would be a nice thing to have, he felt it would just be "icing on the cake” since the $50,000 that ,s to come nut of the hotel -motel tax Favid could he well used for the comple oars i` the ce;.te' ..s iten was later discussed. Mi Regular Council Meeting June 20, 1979 Page 17 * * * * * * * * * * Council Member Turner inquired about the $600,000 surplus in city funds and asked if the money could be used for repair work at the airport. City Manager Townsend replied that the money has lost its identity in the proposed budget and is now part of the almost $2 million opening balance for next year. Mr.Townsend further added that how the Council decides to spend it is entirely up to them. Council Member Turner stated that she is of the opinion that the money should not be relied upon for operating funds -- that it should be spent on one project, either the airport or convention center, adding that the city should not become dependent on monies like revenue sharing or surplus from tax money. Since the next regularly scheduled Council Meeting is July 4, 1979, a holiday, City Manager Townsend suggested that the Council should consider conducting the meeting on another day. He pointed out that the City Charter specifies that the Council shall hold a meeting at least once a week. Discussion followed and Mayor Jones asked if it was the Council's desire that the Workshop and Regular Council Meeting be held on Tuesday, July 3. Motion by Sample to meet on July 3 instead of the scheduled date of July 4, seconded by Zarsky, and passed unanimously. There being no further business to come before the Council, on motion by Sample, seconded by Zarsky, and passed unanimously, the Regular Council Meeting was adjourned at 5:05 p.m., June 20, 1979.