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HomeMy WebLinkAboutMinutes City Council - 07/11/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 11, 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. The Reverend John T. Bryant, Jr. of the New Hope Independent Baptist Church gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced that the following proclamations would be presented this week: "FOSTER PARENTS DAY" - July 12, 1979 and "LIFE INSURANCE WEEK" - July 16-21, 1979. Motion by Diaz that the Minutes of the Regular and Special Council Meetings of June 13, 1979 be approved as presented; seconded by Sample; and passed unani- mously. Mayor Jones then presented a retirement plaque to Judge 0. E. Cannon and commended him for his service as Municipal Court Judge since November 1, 1957. .. ,. * .. .. „ ,. ,. „ * .. * * * ,. ., Mayor Jones announced the scheduled bid opening on the following item: Second story addition to the Tourist Bureau Building. Bids were originally received January, 1979 but were rejected because the low bid of $97,582 was substantially in excess of the estimate. Plans have been revised to delete the restroom facility on the second floor, reduce office space by eliminating the cantilever out from the first floor and modify the stair well from enclosed to open. The second story expansion consists of 1500 sq. ft. City Secretary Read informed the Council that no bids on this engineering project were submitted. Minutes Regular Council Meeting July 11, 1979 Page 2 City Manager R. Marvin Townsend suggested that the opening of the bids be postponed for two weeks. Motion by Best that the bid opening on the Tourist Bureau Building addition be postponed for two weeks; seconded by Zarsky. Council Member Diaz inquired as to the number of sets of plans and speci- fications that had been obtained by contractors for this project. Mr. James K. Lontos, Director of Engineering and Physical Development, stated that six contractors obtained plans on the Tourist Bureau Building addition. Mr. Lantos also stated that all of the contractors had been informed of the change in the bid bond requirements. He assured the Council that telephone calls will be made to ascertain why no bids were received. Mayor Jones called for the vote on the motion to postpone the bid opening, and the motion passed unanimously. * * .. ,, * * it it * * * * * * t, * Mayor Jones announced a presentation by Mr. Bill Curry, representing the Board of Equalization and the Board of Equalization of the Corpus Christi Indepen- dent School District. Mr. Curry introduced the following members of the City's Board of Equaliza- tion: Mr. Stan Hultman and Mrs. Imelda Garcia. He also introduced the members of the School District's Board of Equalization - Mr. Allen Mote, Mr. Homer Johnson and Mr. Daniel Hinojosa. Mr. Curry presented a report in regard to the Joint Board of Equalization, stating that they have been meeting Monday thru Friday, 9:00 a.m. to 5:00 p.m., since May 31; they hope to complete their work by the middle of August; and explained that they have been charged with establishing current market values of property for use in assessing ad valorem taxes. Mr. Curry explained that as of this date, they have met with 555 taxpayers concerning 696 pieces of property; and of this number, they have reviewed 232 cases and made adjustments on 112. He expressed the opinion that the City appraisers are efficient, fair, dedicated people, but that they do sometimes make errors, and the Board of Equalization does make every effort to make adjustments when they feel that an error in valuation has been made. Mr. Curry continued by assuring the Council that all of the Board members are very concerned about the citizens who appear before them and make every effort Minutes Regular Council Meeting July 11, 1979 Page 3 to reduce the valuation of property if the facts concerning market values prove that the valuation is excessive. He stated that he and other board members have even taken the time to go by the property involved to personally examine it if they have questions about the valuation. Council Member Diaz thanked Mr. Curry for his report and complimented the Board for their conscientious efforts. Council Member Zarsky noted that Mr. Curry and other members of the Board of Equalization give a great deal of their time and have certainly gone beyond the requirements to perform a good job. He also pointed out that this Board probably must endure even more criticism than the Council in regard to taxes. Mr. Zarsky commended the Board for their outstanding performance. Mr. Curry and Mr. Hultman urged each of the Council Members to attend one of the Board of Equalization meetings. Mr. Hultman stated that he hoped that a more comfortable waiting area might be provided for the citizens who appear before the Board. Mayor Jones announced the appointments to Boards and Committees. He then reviewed the nominees which were discussed during the Workshop Meeting and presented for Council consideration several appointments to the Human Relations Commission. Motion by Best, seconded by Sample and passed unanimously that the following appointments by Mayor Jones be confirmed: HUMAN RELATIONS COMMISSION Term to Expire Mrs. Yolanda Peronis (Reappointment) LCDR John Windbigler Ms. Drusilla Knight (Reappointment) Mr. Doug Norman "Youth" (Reappointment) 6/14/82 6/14/82 6/14/82 6/14/80 Motion by Turner, seconded by Zarsky, and passed unanimously, that the fol- lowing be appointed to the Solicitations Commission: SOLICITATIONS COMMISSION Term to Expire Mr. Johnny Bilano (Reappointment) Mr. C. W. "Chile" Vetters (Reappointment) 7/10/82 7/10/82 Motion by Sample, seconded by Diaz, and passed unanimously, that the fol- lowing be appointed to the Park Board: Minutes Regular Council Meeting July 11, 1979 Page 4 PARK BOARD Mr. Luis Munoz Term to Expire 8/23/79 Mayor Jones referred to the appointments and suggested to members of the audience that they contact him or one of the other Council Members if they are interested in serving on the City Boards and Commissions. Mayor Jones announced the scheduled public hearing on the following matter: Close all streets, alleys and rights-of-way in the area bounded by West Redbird Lane, Calallen Drive, West 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. City Manager Townsend explained that this public hearing on closing of streets, alleys and rights-of-way is required by the City Charter; the streets do not actually exist on the ground; but there is a need to formally close them in order for the property to be replatted. City Manager Townsend located the area involved on the map and stated that the request has been reviewed by all City departments, and they offer no objection to the closures; and the developer plans to replat the property with the streets to be located in different configurations. Mr. Townsend informed the Council that the land is undeveloped at this time; it does have City utilities; and closing of these streets will present no problems. Mayor Jones called for comments from the audience on this matter. Mr. Bill Brunson, part owner and agent for River Forest Unit II Subdivision, addressed the Council and stated that he had contacted property owners in the imme- diate vicinity of the tract and received letters of support signed by 44 property owner representatives. Mr. Brunson gave a brief history of the area involved; stated that the replat was recommended by the City staff; and all parties agree that the revised plat is the most practical one. He stated that the projected value of the subdivision with homes is $2.5 million and construction will commence as soon as the financing has been worked out after the replat is approved. Mr. Brunson further informed the Council that they plan the construction of 47 homes which will cost from $48,000 to $60,000. Council Member Best asked if park dedication is required if this is a new subdivision. Minutes Regular Council Meeting July 11, 1979 Page 5 City Manager Townsend explained that this is a re -subdivision; no new land is being platted; and the park requirements were met when the original plat was approved. Speaking in opposition to the closing of the streets, alleys and rights-of- way was Mr. Jack Graham, a real estate broker. Mr. Graham stated that he had owned property in this area for many years and that he is opposed to the closing of these streets because he feels that if the streets are closed, they can never be opened after the tract is developed. He pointed out that this is a growing community; Calallen Drive is heavily traveled now; and excessive traffic will exist in the area and access to the schools will be more difficult if this subdivision is approved and the streets are closed. Mr. Graham also addressed his remarks to the drainage, noting that the area drains in a certain way at this time, and this natural drainage will be blocked by the proposed cul-de-sac. He expressed the opinion that the plat could be designed in another way. Mr. Brunson responded to Mr. Graham's remarks by stating that he has owned this property since 1910; he and his partner submitted twelve different plans for discussion with the Planning Department, the Planning Commission and the City staff; and that the proposed plat includes a drainage easement to retain the natural drainage. Mr. Brunson also pointed out that they plan to install additional sidewalks along Calallen Drive, which will provide a safer route to school for the children residing in the area. Motion by Sample that the hearing be closed, seconded by Zarsky, and passed unanimously. Motion by Sample that the streets, alleys and rights-of-way included in the request be closed; seconded by Diaz; and passed unanimously. City Manager Townsend noted that the ordinance effecting the closing will be on the agenda next week. Mayor Jones announced the scheduled hearing on the appeal from the decision of the Planning Commission requiring a 15 -foot drainage easement on the plat of the Meadows, located south of Holly Road at Sean Street. Minutes Regular Council Meeting July 11, 1979 Page 6 City Manager Townsend explained that this is an appeal from the decision of the Planning Commission regarding a plat; appeals are presented to the Council in different ways; and stated that the Charter provides for appeals to the Council from the decisions of any board or commission, other than on statutory matters. City Attorney J. Bruce Aycock further explained the procedure to be fol- lowed in filing an appeal to the Council from a decision of the Planning Commission. City Manager Townsend pointed out that the only party who can appeal to the Council on a decision of the Planning Commission is the one who is actually develop- ing the subdivision involved. He referred to a memorandum in regard to this matter from the Department of Engineering and Physical Development and asked Mr. Lontos, Director of that department, to summarize the situation. Mr. Lontos displayed a map of the City's Master Drainage Plan and pointed out the particular location of the property in question. He provided background information in regard to the plan and stated that the 1961 Master Plan called for two drainage ditches, one of which was referred to as the Carroll or Schanen Ditch; in the 1970's an attempt was made by the City to have this ditch enclosed underground if the property owners agreed to dedicate easements; the City acquired the easements; but when bids on the project were received, it was determined that the cost would be in excess of available City funds. Mr. Lontos referred to the recent paving of Staples Street and informed the Council that at the time of construction, because of the cost of right-of-way acquisition and construction, the Staples drainage was taken to the ditch between Holly and Wooldridge Roads, and the recommendation was made that the Master Plan be revised to allow for a substantial area between Wooldridge and Saratoga to be served by the existing ditch, rather than the second ditch which is shown on the Master Plan. Mr. Lontos stated that there are subdivisions that have been devel- oped since then, such as Wooldridge Creek and Wooldridge Unit 11, which are already served by this ditch. Mr. Lontos further informed the Council that the staff recommended to the Planning Commission that if the plan to use only one ditch is followed, additional right-of-way should be dedicated to increase the capacity of the drainage ditch. He then displayed a drawing of a cross section of the drainage ditch which showed in detail the configuration of the ditch if it is widened to increase the cap?-ity, noting that such widening will require 15 additional feet of land to be Minutes Regular Council Meeting July 11, 1979 Page 7 dedicated by the developer of The Meadows. He stated that the additional right- of-way will allow for the future widening of the ditch to handle additional drainage. City Manager Townsend noted that the total width requirement for the drainage easement is 55 feet. At this time, Council Member Zarsky departed the Council Table, stating that he has a private interest in this matter and he, therefore, does not intend to participate in the discussion or vote on the issue. Mr. Lontos summarized his presentation by stating that according to the plat of this property as submitted by Mr. Gene Urban, street right-of-way to be dedicated is shown as 40 feet, but the minimum requirement for residential streets is 50 feet; a total of 25 additional feet should be required, but the berm adja- cent to the ditch would only require 11 feet; therefore, the City only requested an additional 15 feet to be dedicated from this developer rather than the 25 feet. Speaking on behalf of the developer was Mr. Gene Urban of Urban Engineering. Mr. Urban presented to the Council a copy of the preliminary plat of the property and stated that the street in question and referred to by Mr. Lontos is Meadow Parkway and that widening the drainage ditch will require that the street's posi- tion be shifted. Mr. Urban stated that 40' wide streets are usually used in subdivisions, pointing out that Schanen Estates, Country Club and other subdivi- sions have 40 -foot wide streets. Mr. Urban continued by informing the Council that the plat for this subdi- vision was approved by the Planning Commission with only a 40 -foot wide street along the ditches, noting that the existence of the street adjacent to the ditch would make it easier to maintain the ditch. He stated that based on this assump- tion, their preliminary plat was approved. He further stated that when this plat was resubmitted in 1979, the City Planning Commission approved the plat subject to the dedication of a 15' drainage easement. Mr. Urban contended that the City plans to change the Master Drainage Plan, and in requiring the dedication of the addi- tional 15' drainage easement, the City will create the loss of 7 lots in this subdivision, which will be very costly to the developer. Minutes Regular Council Meeting July 11, 1979 Page 8 Also speaking in regard to this appeal was Mr. Ed Prichard, Attorney repre- senting Mr. Cliff Zarsky, the developer of The Meadows. Mr. Prichard stated that he would like to briefly summarize the history of this particular plat and referred to the Master Plan of 1961, locating on the map Mr. Zarsky's property and the ditch as proposed in the Master Plan. He referred to the fact that in 1972 the plan for this ditch was not only proposed, but the City included the funds for the ditch in the Bond Election, and it was approved by the voters. Mr. Prichard also informed the Council that the City acquired the right-of-way for the proposed ditch from the property owners, but when the bids were received and were higher than the amount of money designated for this project, the City decided not to construct a closed ditch. Mr. Prichard also alleged that when the improvements to Staples Street were being considered, the drainage was diverted from the natural contour of the land to the Carroll-Schanen Ditch. Mr. Prichard continued his presentation and explained that in 1976, Mr. Zarsky presented his plat for his 40 -acre tract for approval by the Planning Com- mission, and at that time, the plat was approved subject to the dedication of a 15 -foot drainage easement in one location. He explained that because sanitary sewer service was not available, that particular plan was not put into effect. Mr. Prichard then informed the Council that in 1978, Mr. Zarsky again decided to develop the land, and at that time he was told that a street was required for the area, following which he submitted another plan which included the 40 -foot street rather than the 15 feet previously required for dedication, and seven lots which could have been developed for sale were lost. He then stated that after this plan was approved, Mr. Zarsky had Mr. Gene Urban prepare the final plans to implement this subdivision, but too much time elapsed, and the previously approved plat was no longer valid for development. Mr. Prichard explained that Mr. Zarsky then pre- sented the same plan, which had previously been approved, for the Planning Commis- sion's consideration, and at that time -- and for the first time since 1972 -- the City then stated thatthey were considering changing the Master Plan by abandoning the second ditch which was shown on the Master Plan, which would require a total of 30 feet to be dedicated for the drainage ditch, 15 feet of which must be dedicated by Mr. Zarsky before his plat could be approved. Minutes Regular Council Meeting July 11, 1979 Page 9 Mr. Prichard contended that the City, by instigating this plan, is taking water from a natural drainage way to the detriment of many people in the area. He reiterated that bonds have been voted for the drainage ditch and suggested several solutions to the drainage problem, as follows: (1) construction of the second ditch as included in the Master Plan; (2) use the money already approved for the ditch to line the existing ditch with concrete, which would allow for the transpor- tation of more water, thus eliminating the need for additional right-of-way at this time; or (3) use the money voted for the drainage ditch to purchase the additional right-of-way that the City feels is needed to widen the Carroll-Schanen Ditch. Mr. Prichard referred to the City's Master Drainage Plan, which has been in existence since 1961, and expressed the opinion that since the Plan has not been changed to delete the second drainage ditch legally, it is unfair and possibly illegal to require this additional 15 -foot easement dedication, noting that his client has already agreed to dedicate 40 feet for the street right-of-way. Mr. Prichard then informed the Council that he also represents Mr. F. L. Beck, who owns property in the area and who requested that the records reflect that he, too, is in favor of the Council's granting this appeal. Council Member Best inquired about the total amount of funds that were included in the bond issue for the enclosed ditch, and Mr. Lontos informed him that the amount was $345,000. City Manager Townsend assured the Council that the easements that had been acquired by the City for the drainage ditch were returned to the property owners when the City realized that the funds available were inadequate to construct the enclosed ditch. Council Member Best then suggested that consideration be given to using these funds for a concrete lined ditch from South Staples Street. City Manager Townsend informed Dr. Best that the ditch under discussion is the ditch that extended down South Staples Street; the drainage in this ditch was reversed to drain into the Flynn -Shea Parkway System; and explained the system that was devised when Carroll High School was constructed in the late 1950's. Mr. Townsend further explained that the Carroll-Schanen Ditch will have to be widened in the area of the subject tract in order to take care of additional drainage. Minutes Regular Council Meeting July 11, 1979 Page 10 Mr. Prichard expressed the opinion that the requirement that Mr. Zarsky dedicate the additional 15 feet for the drainage ditch is unfair because his tract of land was already scheduled to be served by the Carroll-Schanen Ditch, but since drainage from another area is scheduled to be served by this existing ditch, he has been placed in the position of bearing the burden of widening the ditch for others. Council Member Best inquired if the available funds previously designated for the concrete enclosed ditch are adequate to purchase the right-of-way needed. City Manager Townsend explained some of the expenses involved and noted that some of the money would have to be used to connect the minor storm sewers. In regard to Mr. Prichard's suggestion that the ditch be concrete lined, Mr. Townsend stated that the cost would be much more than the $300,000 available. Council Member Turner asked for the City Manager's recommendation to rectify an unfair situation. City Manager Townsend replied that if the Council reaches the conclusion that this is an unfair situation, he would suggest that the matter be tabled to allow the staff time to study the matter and make a recommendation in regard to a solution. He stated that the right-of-way could be purchased, but appraisals would have to be made to determine the value of the property. Mayor Jones noted that the staff is recommending that the ditch be widened to accommodate increased drainage flow and inquired if an engineering study had been made to determine the required width. Mr. Lontos stated that engineering studies have been made which indicate that a minimum of 75 feet, plus the 30 -foot right-of-way, would be necessary to allow for the proper flow. Mr. Urban stated that he agreed with this estimated requirement if con- sideration is given to the additional drainage that must be provided for if the Council concludes that the Carroll-Schanen Ditch should serve this area. Council Member Best stated that he questions whether or not it is fair to require the additional dedication of land and has no doubt about the engineering aspect of the recommendation. Mr. Prichard reiterated that he questions the legality of the required dedication in view of the fact that the Master Plan still contains the second ditch. Minutes Regular Council Meeting July 11, 1979 Page 11 City Attorney Aycock explained that the developer must comply with the Platting Ordinance as it pertains to drainage and the provision for drainage right- of-way, and under the statutes, they have to conform with the streets, alleys and rights-of-way that have been laid out. Mr. Aycock also pointed out that the City must be sure that adequate drainage is provided in subdivisions, or be liable for any flooding that may occur. Speaking in favor of granting the appeal was Mr. Ray Peterson, who stated that he is the owner of the adjoining property. Mr. Peterson pointed out that he and other property owners in the area have relied upon the Master Plan and the existence of a second drainage ditch when their plans for development are being formulated. Mr. Peterson suggested that the City improve the ditch in the same manner they did on Williams Drive which has a covered concrete box ditch with a sidewalk and bicycle path on top of the box. He also pointed out that, in his opinion, it is unfair to require additional land dedication just to increase the capacity of the ditch. Mrs. Lois Hall, 122 Seaview, addressed the Council and explained that her family has owned 50 acres across Holly Road in this area of the ditch; they have observed the drainage flow very carefully; and the drainage ditch has always been adequate to take care of the water flow. City Manager Townsend noted that the present reflection of the drainage flow is inaccurate compared to the amount of flow that will exist once the land is developed and the area is paved. Mrs. Betty Hall stated that she was speaking on behalf of Mr. Ted Anderson and Mr. Jack Archer, property owners in the area, who have indicated that they do not want to give additional right-of-way to the City for the drainage easement. Mrs. Hall also questioned the abandonment of the plans for the second ditch and suggested that an engineering study should be made on the drainage to determine whether or not the Carroll-Schanen Ditch really needs to be as wide as recommended by the staff. Mrs. Hall suggested that the existing ditch would be adequate to drain the entire area if it were properly maintained and cleaned and expressed the opinion that the property owners adjacent to the Carroll-Schanen Ditch are being Minutes Regular Council Meeting July 11, 1979 Page 12 required to donate right-of-way for the widening of a ditch for benefit of property owners who own land near the location of the second ditch. Mr. Lontos responded to Mrs. Hall's remarks by informing her that the staff had studied this matter and concluded that the second ditch is no longer needed, and adequate funds for the ditch are not available. City Manager Townsend indicated that he would like to address remarks on the procedure. He noted that testimony has been given in regard to the question of just what the Master Plan should be and what would be an equitable solution. City Manager Townsend reminded the Council that the possible amendment to the Master Plan was considered by the Planning Commission the previous evening, and the question of equity in this particular situation is a different matter from whether or not the Master Plan should be revised. He stated that the Council needs to consider whether or not the right-of-way should be dedicated by the developer or purchased by the City. Mr. Townsend agreed that the matter could be resolved by the construction of an enclosed concrete drainage box, but the cost would be from $2 to $3 million. He further explained that the only matter that has been clearly resolved was to take the drainage on South Staples Street to the Carroll-Schanen Ditch rather than the second ditch so that South Staples Street could be paved. Mr. Prichard pointed out that the installation of the second ditch would offer an advantage for his client in that the existing ditch would be adequate in size and the additional right-of-way would not be required. Mayor Pro Tem Sample referred to the question about equity in this situa- tion and expressed the opinion that if notice was given that the second ditch would not be constructed, local engineering firms would be aware of this and develop their plans accordingly. Mr. Sample stated that if developers were not aware that the second ditch would not be installed, it would be difficult to change the Master Plan without notice. Mayor Jones asked if notice was given that the second drainage ditch would not be constructed. City Manager Townsend explained that the Charter only requires that the Planning Commission discuss amending the Master Plan; the Council must conduct a public hearing; and the only notice required is a legal notice that the public Minutes Regular Council Meeting July 11, 1979 Page 13 hearing will be conducted. He reminded the Council that when this matter was dis- cussed in connection with the South Staples Street improvements, the news media provided a great deal of publicity in regard to the plans, and that he felt that most people were certainly aware that the drainage for the area was under discus- sion by the Council. Mr. Prichard stated that he would like to make one more comment to the effect that both of the plats of this tract of land were approved in 1976 and 1978, and neither of those plats required the additional 15 -foot dedication and questioned why the City staff did not make the developers aware at that time that this additional right-of-way would be needed. City Manager Townsend referred to Mr. Larry Wenger's memorandum of June 29, 1979 and asked Mr. Wenger to explain. Mr. Wenger, Chief Planner, pointed out that the plat submitted in 1976 was approved subject to five conditions, one of which was a requirement of a 15 - foot drainage easement along the existing drainage ditch; and the plat submitted in 1978 was approved by the Planning Commission subject to five conditions, but none of the conditions mentioned the 15 -foot easement because this particular plat already had the 15 -foot easement on it, thus the easement requirement had been met. He noted that the time ran out and this plat was no longer in effect, and in June of 1979, the final plat of the first unit of The Meadows was approved subject to four conditions, one of which was the additional 15 -foot drainage right-of-way since this plat did not indicate the easement. City Manager Townsend summarized by informing the Council that ever since October 12, 1976, the additional 15 -foot right-of-way easement was shown as a requirement. Mr. Prichard contended that the second plat approved did not show the 15 - foot dedication, and Mr. Urban stated that the same plat was just resubmitted. City Manager Townsend took exception to this statement and pointed out that the minutes do reflect that the 15 -foot dedication was required. Mayor Jones called for comments from a member of the Planning Commission. Mrs. Rosa Gonzales, who was present as a representative of the Commission, stated that the Commission agreed with the City Engineering Department and the plat of this property should be approved with one of the conditions being that 15 feet should be dedicated for drainage right-of-way. Minutes Regular Council Meeting July 11, 1979 Page 14 Council Member Best suggested that the Council consider tabling this matter and request that the staff provide information on the cost of lining the Carroll- Schanen Drainage Ditch and an estimate of the cost of acquiring the necessary right- of-way along the ditch if it is to be designed to carry additional drainage flow. City Manager Townsend explained that the staff could prepare an estimate of the amount required for compensation of the right-of-way, but it would have to be based on raw land values, and the property owner might wish to consider fair compensation to be based upon the value according to the subdivision process after the land is improved. Motion by Best that this matter be tabled for one week, seconded by Diaz, and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, and Turner voting "Aye"; Zarsky, abstaining. Council Member Zarsky returned to the Council table at this time. Mayor Jones announced the public hearings on five zoning applications. City Manager Townsend announced the public hearing on Application No. 579-3, Ms. Alice Esquivel, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 22, Block 4, Edgewood Park Subdivision, located at the southwest corner of Horne Road and Cambridge Drive. Mr. Townsend informed the Council that in response to the notices of the public hearing, one in favor and five in opposition had been returned; the 20% rule is in effect; and that both the Planning Commission and the Planning Staff recommend denial. He then requested that Mr. Larry Wenger, Chief Planner, sum- marize the case. 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 owner plans to install a one -chair beauty shop in the garage on this lot. City Manager Townsend explained that barber shops and beauty shops are not allowed as home occupations. The applicant, Ms. Alice Esquivel, addressed the Council and pointed out that Horne Road is a business street and the installation of a small beauty shop Minutes Regular Council Meeting July 11, 1979 Page 15 at this location would seem to be appropriate and would not create much additional traffic. Ms. Esquivel informed the Council that a small beauty shop is located in the vicinity at 4046 Brentwood and that she would like to have the same type of permit that this property owner obtained. She explained that she just planned to enclose the garage and install only one chair in the beauty shop, which would be operated by her daughter. Ms. Esquivel noted that a number of elderly people reside in the neighborhood, and they have expressed approval of the beauty shop. Mayor Jones pointed out that most of the responses received by the City were in opposition to the zoning change for the beauty shop. He indicated that he would be opposed to the "AB" zoning because all of the property in the neighborhood is zoned for single family dwellings. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Diaz that the Council concur with the recommendation of the Planning Commission and deny the change of zoning request for Application No. 579-13; seconded by Sample; and passed unanimously. * * * * * * .. .. ..., * .. .. * .. City Manager Townsend announced the public hearing on Application No. 679-1, Dildy Supply Co., for change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lot B, Block 1, Byron Willis Sub- division, located on the south side of McArdle Road, approximately 110 feet west of French Drive. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend denial and that the 20% rule is in effect. He also informed the Council that in response to the notices of the public hearing, two in favor and five in opposition had been returned. City Manager Townsend also noted that a letter had been received from the applicant requesting that the decision on this request be postponed to allow him time to present plans for the proposed building and the landscaping that he plans. He then asked Mr. Wenger to summarize the case. 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 existing land use is a plumbing supply wholesale and retail establishment Minutes Regular Council Meeting July 11, 1979 Page 16 which is a non -conforming use that was located there prior to annexation. Mr. Tom Dildy, 4345 McArdle Road, addressed the Council and stated that he requests either a change of zoning or a special permit in order that he can build a garage to house his trucks and some supplies; his architect is designing the building and landscaping at this time; he would like to present these plans before the Council makes a decision on the request; and expressed the opinion that the planned building construction will improve the area, since he has outside storage and vehicles parked outside at this time. Council Member Dumphy pointed out that the area at the rear of Mr. Di1dy's property contains open storage with an open frame and a roof at this time. Expressing opposition to the request was Mrs. Jack Turner, 4909 Kathy, who objected to the existence of Dildy Supply Co. at this location and certainly was opposed to additional expansion of the facility. Mrs. Turner contended that the property is very unsightly, with plumbing supplies stored outside. Council Member Diaz inquired of Mrs. Turner if she would not prefer to have the plumbing supplies stored in an enclosed building. Mrs. Turner replied that she was opposed to any expansion of this facility, but admitted that the business was located there before the residences were built in this area. Council Member Dunphy noted that Mr. Dildy has requested that the Council delay their decision on this application until he can provide plans which will indicate the type of building that he plans to construct. Mr. Dumphy expressed the opinion that a building to store plumbing supplies and house vehicles would be preferable to the outside storage. City Manager Townsend pointed out that the approval of a special permit for this area would limit the applicant to just what is actually shown on the site plan. Motion by Diaz that the public hearing on Application No. 679-1 be recessed for one week to allow the applicant to present his plans, seconded by Sample and passed unanimously. .. ., * * * * ., .. * * * * .. * * .. Minutes Regular Council Meeting July II, 1979 Page 17 City Manager Townsend announced the public hearing on Application No. 679-2, Mr. M. L. Campbell, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 3.27± acre tract of land on Lots 5 and 6, Shell Road Poultry Acres, located on the west side of Violet Road between Leopard Street and IH 37. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial; the 20% rule is in effect; and in response to the notices of the public hearing, three in favor and three in opposition were returned. 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 noted that residences are located directly across Violet Road from this tract of land. Council Member Zarsky questioned the staff's recommendation for denial since Violet Road is a heavily traveled street and there would still be egress to the rear of the property if this front portion is developed for general business. Mr. M. L. Campbell, the applicant, stated that he purchased this property in 1950 and noted that "B-4" zoning is already in existence in the area. He stated that he wants to sell it to Mr. Wesley Hammonds, who plans to develop the property to compliment the area. Also speaking in favor of this request was Mr. Harold Kronke, who stated that he is one of a group of four people that plans to purchase this property from Mr. Campbell. He stated that they plan to build a shopping center at this location if the zoning request is granted. Mr. Kronke also pointed out that this is near a site on which a new H.E.B. Futuremarket will be located and expressed the opinion that the tract under discussion is well suited for business zoning. Mr. Wesley Hammonds addressed the Council and urged that this application be approved because there is a great need for business zoning in this section of the City, and this proposed development would improve the economy of the entire City. Mr. Hammonds alleged that some of the residents in the affected area did not receive notices of the hearing before the Planning Commission; stated that he understood that a number of residents had mailed in their notices indicating their Minutes Regular Council Meeting July 11, 1979 Page 18 approval of the zoning request; and questioned the City's notification procedure. He urged that the Council approve this zoning because a number of people are inter- ested in developing this land. Mr. Hammonds also pointed out that with the excep- tion of a few people, everyone in the area is in favor of the development of the shopping center. Mr. Bob Dickson, of Dickson Realty Company, stated that he operates a business in this area that is zoned "B-4"; Violet Road is a main thoroughfare; most thoroughfares have businesses located on them; and that he feels that the subject property should be business zoned. Speaking in opposition to the zoning request was Mr. Frank A. Reneau, 11142 Forest Hill Lane, who pointed out that Mr. Hammonds does not live in this immediate vicinity and would naturally be in favor of business development in the area. He stated that he is in opposition to the rezoning because no one has stated just what kind of business is planned. Mr. Reneau expressed the opinion that this is a fine, residential area and further business zoning would be detrimental to the neighborhood. Mr. Bob Henderson, 4201 Callicoate Road, urged approval of this business zoning because the residents of the area must shop on the south side, which will be increasingly inconvenient in view of the shortage of gasoline. Mayor Jones noted that Mr. Henderson's property is some distance from the tract of land under discussion and would not pose a problem for him, whereas, such business zoning might be objectionable to residents of the immediate vicinity. Also speaking in favor of the change of zoning were Mr. Roy Stone, 4421 Church Street and Mr. Burney Jackson, 11401 Up River Road. Mrs. Gonzales, speaking on behalf of the Planning Commission, pointed out that the members of the Commission were very concerned about this particular case and spent a great deal of time discussing it. She stated that they were very con- cerned about the increased traffic that would be generated on Violet Road and the safety of the children who walk to school on this street; therefore, they voted to recommend denial of this application. No one else spoke in regard to this application. Minutes Regular Council Meeting July 11, 1979 Page 19 Motion by Best that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Zarsky that the Council approve the change of zoning on Applica- tion No. 679-2 to "B-4". The motion was seconded by Council Member Diaz, who noted that he did so because the houses across Violet Road side on the road and would not be directly facing the proposed business development. Council Member Dumphy inquired if there were plans to widen the street, and City Manager Townsend replied that Violet Road has already been improved and has four moving lanes. Mr. Townsend then explained the 20% rule and noted that six affirmative votes of the Council would be required to approve this change of zoning. Mayor Jones called for the vote to approve the motion, and it passed unani- mously. City Manager Townsend announced the public hearing on Application No. 679-5E, Drilling Tools, Inc., for an exception to the screening fence requirement along the north property line of Lot 35, Block 8, Lantana Industrial Area, located on the north side of Hopkins Road between Corn Products Road and Lexington Boule- vard. Mr. Townsend stated that both the Planning Commission and the Planning Staff recommend approval and there was no response to the notices of the public hearing. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and explained that the owner desires to substitute a chain link fence with oleanders to be planted adjacent to it for the standard screening fence. No one spoke in regard to this application. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission and grant an exception to the standard screening fence require- ment along the north property line on Application No. 679-5E, with the stipulation Minutes Regular Council Meeting July 11, 1979 Page 20 that a chain link fence and planting of oleanders be substituted for the standard screening fence; seconded by Best; and passed unanimously. City Manager Townsend announced the public hearing on Application No. 679-6, Ms. Bobbie Hubbard, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 17 and 18, Block 3, San Simeon Subdivision, located near the southwest corner of Rene Drive and Columbia Street. Mr. Townsend explained that both the Planning Commission and the Planning Staff recommend denial and that in response to the notices of the public hearing, one in opposition was 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. He stated that the owner plans to establish a flower shop at this location. No one spoke in regard to this application. Motion by Dumphy that the hearing be closed,seconded by Zarsky and passed unanimously. Motion by Zarsky that the Council concur with the Planning Commission and deny the zoning on Application No. 679-6; seconded by Turner; and passed unani- mously. Mayor Jones made the observation that a number of people were present in the audience and called for petitions or information from the audience on matters not scheduled on the agenda prior to consideration of the City Manager's Reports. Ms. Gloria Montoya addressed the Council first and stated that she was representing the Nueces County Senior Citizens. Ms. Montoya informed the Council that a number of senior citizens, who were present in the audience, were concerned about an article that appeared in the July 4, 1979 Corpus Christi Caller -Times which indicated that the van service now provided for transportation for senior citizens to meal sites and medical facilities would be discontinued or curtailed. City Manager Townsend explained that the item on the agenda today is just to continue the program sponsored by the State Department of Human Resources which has been in effect for the past year for Medicaid recipients. Mr. Townsend assured Minutes Regular Council Meeting July 11, 1979 Page 21 Ms. Montoya and the elderly citizens who were present that the Council had simply discussed the possibility of establishing some type of charge for the van service for the elderly for special trips other than the transportation to meal sites. He explained that approximately 18,000 senior citizens pay 15t for bus service, which is not as desirable as the van service, and if all of those citizens requested the van service, there would be so many that it would be completely impossible to continue to provide the service. Mayor Jones indicated that he would like to have input from the senior citizens on this matter which is under discussion by the Council. The next citizen addressing the Council was Mr. P. R. Ochoa, 1012 Leopard Street, who stated that he was representing "Americans of Texas, Inc." Mr. Ochoa expressed his concern that the Spanish-speaking citizens of this City are being misinformed by some of the bilingual citizens and referred to a particular inci- dent that had occurred in which a prominent citizen of Corpus Christi had spoken on a local radio station and had made derogatory remarks about the Anglo-Americans. Mr. Ochoa suggested that the Council consider the establishment of a weekly public forum to inform Spanish-speaking citizens of the true facts about municipal government. Speaking on another matter was Mr. Bill Ault, representing the Corpus Christi Tennis Association. Mr. Ault referred to one of the items listed under the City Manager's Reports which pertained to the approval of plans and specifications for the H.E.B. Park and Tennis Center Expansion and informed the Council that the Tennis Association was in wholehearted agreement with the proposed expansion. He informed the Council that the H.E.B. Tennis Center is rated in the top four in Texas and expressed the opinion that with the proposed improvements, it will be the number one center in the State. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council in regard to the epidemic of rabies that exists in several cities in Texas and suggested that the Council take action to prevent such an outbreak in this City. He requested that the fine of $8.50 assessed against owners of dogs that are not confined to their yards be greatly increased in order to discourage this practice. Mr. Rosenstein also urged that additional personnel be employed to enforce the existing laws Minutes Regular Council Meeting July 11, 1979 Page 22 pertaining to dogs. Mr. Ray Horbelt, representing the Homebuilders Association, read a letter dated June 8, 1979, which was sent to Mayor Jones and signed by Mr. Fred Braselton, in which a request was made that the City dump located at Greenwood and Saratoga be opened to allow for the dumping of building materials. Mr. Horbelt stated that they were told that they would be informed when this matter was before the Council and they understood that it had been discussed, but they were not informed that it was on the agenda. Mayor Jones explained that the Council discussed the request at length and unanimously concluded that it would be impossible to grant their request. City Manager Townsend informed Mr. Horbelt that he had written a letter to Mr. Braselton explaining the decision to him and volunteered to provide him with a copy of the letter. City Secretary Read also assured Mr. Horbelt that a member of his staff had called Mr. Braselton and informed him of the date that the matter was going to be discussed by the Council. Mr. Peter Mahaffey, representing the Coastal Bend Halfway House, referred to a letter that had been addressed to City Manager Townsend with copies to the Council requesting that funds in the amount of $15,000 be provided by the City for the operation of their facility. He suggested that the requested funds be allocated from the "liquor by the jigger" tax received by the City. Council Member Turner asked about the amount of money received from that source. City Manager Townsend replied that in 1977-78, a total of $211,151 was received by the City; $290,000 is the estimate for next year; this tax goes into the City's General Fund; and informed the Council that these funds have not been designated but that at one time the City did fund this organization. Mayor Jones thanked Mr. Mahaffey and three other members of the Coastal Bend Halfway House Board and assured them that the Council will consider their request while they are conducting budget discussions. Mr. Mahaffey informed the Council that this organization's meetings are conducted on the third Wednesday of each month at noon and invited members of the Council to visit the Halfway House. Minutes Regular Council Meeting July 11, 1979 Page 23 Council Member Diaz inquired of the City Manager if the staff is preparing a list of people and groups who have requested funds from the City for the next budget year. City Manager Townsend stated that the staff is retaining a tabulation of the requests and that a list will be prepared for the Council. .. ,. * * * .. .. * * * ., ,. ,. ., ,. .. 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. Annual supply contracts be awarded as follows: (1) APAC Automatic Transmission Service, Corpus Christi, for automatic transmission overhaul on the basis of low bid of $5,326.30. Price comparison shows a decrease of 3%. Bids were received from five firms. The low bid was determined on the basis of the estimated number of seven different types of repair which will be required and the amount bid for each. Billing will be based on actual work performed. (2) Blueprint service to Professional Supply & Reproduction, Corpus Christi, on the basis of low bid of $13,858.90. A price comparison shows an increase of 9%. Bids were received from three firms. (3) Texas Industries, Inc., Corpus Christi, for 19,500 concrete bricks and building blocks on the basis of only bid received of $8,010. A price comparison shows an increase of 23%. No bids were received for Lot I, 18,000 smooth face bricks, because of a shortage of this type brick. Requirements for this brick will be purchased by competitive quote on the open market as needed. (4) Refrigeration Sales Co., Long Island City, N.Y. for 7,360 lbs. of freon on the basis of only bid received of $6,074.20. Price comparison reflects no increase. (5) General Corrosion Services Corp., Sand Springs, Okla., for 360 anodes on the basis of low bid of $21,244.80. A price comparison shows an increase of 3%. Bids were received from four firms. (6) Kleen-Air Filter Service, Corpus Christi, for air filter service at 7 locations on the basis of only bid received of $2,910. A price com- parison shows an increase of 7%. The locations are the Police Building, Transit Division offices, La Retama, Greenwood and Parkdale libraries, Gas Division office and T. C. Ayers Recreation Center. b. Filing cabinets be purchased from the following firms on the basis of low bid: E. R. SCHENDEL COMPANY, Corpus Christi - An additional computer card cabinet for the Police Department and a replacement check file for the Accounting Division. $ 919.00 YOCHEM COMPANY, Corpus Christi - 8 additional 4 or 5 drawer lateral filing cabinets for Accounting, Traffic and Transit Legal, Planning and Urban Development, and Collections One 4 -drawer steel filing cabinet for the Fire Department GRAND TOTAL 3,594.50 330.50 $4,844.00 Price comparison shows an increase of 24%. Bids were received from 3 firms. Minutes Regular Council Meeting July 11, 1979 Page 24 c. Heavy equipment be purchased from the following firms on the basis of low bid meeting specifications: ENVIRONMENTAL SALES & SERVICE, Hurst, Texas 1 replacement self propelled vacuum street sweeper $ 57,101 1 replacement self propelled mechanical street sweeper 36,400 GULFSIDE EQUIPMENT INC., Corpus Christi 1 additional 131 H.P. diesel powered track type hydraulic excavator, 21 ft. digging depth with 36" & 48" excavation buckets for the Water Division 1 replacement 80 H.P. diesel powered tractor with loader/ backhoe, 20 ft. digging depth and 24" trenching bucket for Wastewater Services 66,999 31,999 1 replacement 50 H.P. diesel powered tractor with loader, backhoe, 13 ft. 8 in. digging depth (1) 18" trenching bucket and (1) 36" cleanout bucket for the Water Division 18,480 1 replacement 50 H.P. diesel powered tractor with loader, backhoe, 13 ft. 8 in. digging depth and 18" trenching bucket for the Park Division. 18,050 3 replacement 43 H.P. diesel powered tractors with PTO and 3 -point hitch for the Street Division 23,997 1 replacement 43 H.P. diesel powered tractor with PTO and 3 -point hitch for the Airport 7,999 AG -LINE INTERNATIONAL, INC., Corpus Christi 1 replacement 50 H.P. diesel powered tractor with loader PTO and 3 -point hitch for the Water Division 13,500 GRAND TOTAL- $274,525 Price comparison shows an increase of 27.5% over purchases ranging from 1974 to 1978. Bids were received from 11 firms. The apparent low bid of $23,434.91 and $7,997.97 by Nueces Ford Tractor, Inc. on the three 43 H.P. tractors with PTO and 3 -point hitch for the Street Division and the 43 H.P. tractor for the Airport, respectively, are not recommended because they do not have anti -vandalism devices on the coolant, propellant and lubrication fill points and an anti -vandalism instrument panel cover as specified. The bid of Ag -Line International, Inc. on the 50 H.P. tractor with loader, PTO and 3 -point hitch for the Water Division is recommended even though the firm did not include two shop manuals with the bid as specified. Two shops manuals can be purchased for approximately $100 whereas the next low bid of $13,999 by Gulfside Equipment Company, Inc. is $499 more. d. 14 pairs of fire bunker coats and pants be purchased from TEXAS FIRE EXTINGUISHER & FLAMEPROOFING, INC., Dallas, on the basis of low bid of $2,082.29. Bids were received from nine firms. A cost comparison to like items purchased in January, 1979 indicates an increase of 5/% for coats and no increase for pants. e. A contract be awarded to D & R SALES COMPANY, Corpus Christi for a 30'x30'x12' prefabricated steel maintenance building to be erected at the Cunningham Filter Plant on the basis of low bid meeting specifications of $6,957.72. Bids were received from five firms. The apparent low bid of $6,795.32 by Universal Fabricators, Inc. did not meet construction specifications. The maintenance area is now located in the chemical and storage building. A separate maintenance building is needed because of crowded conditions. Minutes Regular Council Meeting July 11, 1979 Page 25 f. A proposal be submitted to the State Department of Human Resources and authority be granted to negotiate a contract to continue transportation services for Medicade recipients in Nueces County for 12 -months, beginning September 1, 1979. The City's vans for elderly and handicapped transportation will be used. The estimated amount to be reimbursed by the Department of Human Resources is $66,900. The current contract is $66,600. Approximately 11,100 trips to medical facilities will be provided Medicade recipients. D. Agricultural property continued to be valued on the basis of market value rather than productivity for the 1979 tax year. Deferring the evaluation of agricultural property on the basis of productivity until the 1980 tax year will allow the Tax Office sufficient time to prepare the forms and do the investigations necessary to value agricultural property on the basis of productivity. h. Parcel 50 of the Oso Land Acquisition Project be acquired from Mr. and Mrs. Edwin Juelg for $75,671 ($75,000 for acquisition and $671 for closing costs). This 2.155 acre parcel includes a house and is located between the Oso Sewage Treatment Plant and the Oso Golf Course. Access to the house is over a caliche road which crosses the first fairway and a 200 -foot wide drainage easement. It is recommended that the cost be paid from the sanitary sewer operating fund reserve to be later reimbursed from the sale of land adjacent to the Golf Course at Parade Drive and Alameda. The land is needed to keep private development away from the sewer plant and for future expansion of the Oso Golf Course. City Manager Townsend displayed a map containing the Oso Sewage Treatment Plant and the Oso Golf Course and explained that a dedicated street is located near the entrance to the Oso Golf Course; the tract of land to be acquired is between this road and the sewer plant; and the only way to get to the house on the tract is across the No. 1 T -Box. Mr. Townsend stated that the City feels that there is a need to acquire these lots to prevent encroachment in the sewer plant area, and the Juelg family is ready to sell the property at this time. City Manager Townsend mentioned that the City owns property on Parade Drive and Airline Road, which the previous Council agreed should be sold. He suggested that funds for the purchase of the Juelg could eventually be allocated from the funds realized from this source, but until this money is received, it is recommended that the funds to acquire this tract be taken from the sewer fund. i. Plans and specifications for H.E.B. Park and Tennis Center Expansion be approved and bids be received on August 8, 1979. Plans involve construction of 8 lighted tennis courts, 3 parking lots, realignment of Shely Street, including construction of sidewalks on Shely Street from Churchill to Ayers, one shuffleboard court and volleyball court, and necessary utility and storm sewer work. This project, with the exception of the Shely Street portion of the improvements, is a recreation grant project funded by the Heritage Conservation and Recreation Service of the Department of the Interior. The Shely Street portion will be a Street Bond Fund project. The improvements were included in the 1977 bond election. Minutes Regular Council Meeting July 11, 1979 Page 26 J• The following actions be taken in connection with the Minor Storm Drainage Improvements Project: (1) A contract be awarded to Claude Chapman Construction Company, Inc. for $240,343 and $252,000 be appropriated to cover the contract award and related engineering expenses. (2) A change order be approved to reduce the contract from $257,343 to $240,343 or $17,000 by allowing the contractor to cut the streets in the contract as near vertical as possible instead of saw -cutting them and to backfill with a one -stage rather than three -stage operation. The contractor will warrant the pavement against failure from settlement for one year. (3) The contractor not be authorized to proceed with the improvements in the vicinity of Hayward and Ray Drives until the improvements can be reviewed to see if they can be modified to reduce the cost. This project was included in the 1977 bond election and includes storm sewer improvements in Riggan, Keys, Elizabeth, Cloyde, Willard, Headley, Morgan, 25th, Archer, Dodd, Gabriel and Christie Streets to correct neighborhood drainage problems. k. The sublease by Mr. and Mrs. Adolph Wittner, Sr., to Mr. and Mrs. Billie Barton of Witt's Bait and Tackle Shop, located at the Humble Channel, be approved. Mr. and Mrs. Wittner will continue to be responsible for all the obligations of their lease, including annual rent of $864.00. The lease expires October 24, 1979, and is for part of the land along the John F. Kennedy Causeway which the City leases from the School Land Board. 1. Bids be received at 11:00 a.m., Tuesday, July 31, 1979 on Employee Group Life and Health Insurance for one-year. The current carrier, Connecticut General, has announced a substantial price increase effective September 1. The specificiations provide for a comprehensive plan instead of the current basic and major-medical plan. The comprehensive plan would provide coverage for 80% of medical expenses up to $2,500 and 100% of expenses over $2,500 during a calendar year. Bids would be solicited on a base bid and 3 alternates. The base bid would provide for a $100 individual deductible and a $300 aggregate deductible, except for accidental coverage which will pay 100% up to $300. The first alternate would be the same as the base bid except supplemental accidental coverage would be excluded. The second alternate would provide for a $200 individual deductible and a $600 aggregate deductible. The third alternate would be the same as the second alternate except that supplemental accidental coverage would be excluded. Current deductibles are $200 indi- vidual and $600 aggregate. Maximum lifetime coverage would be $1 million. The current maximum coverage under major-medical is $100,000. City Manager Townsend explained that the matter of group health and life insurance is rather complex and presented the Council with a packet of material in regard to the City's group insurance. Mr. Townsend stated that because of the price increase announced by Connecticut General, the City staff recommends that bids be received again. He mentioned that consideration is being given also to the Texas Municipal League uniform group health insurance program. Mayor Jones and other Council Members indicated that they agreed that com- petitive bids should be received. Minutes Regular Council Meeting July 11, 1979 Page 27 m. Bids be received at 11:00 a.m., Tuesday, August 14, 1979 on a 3 or 5 -year food and drink concession at the Oso Municipal Golf Course. Bids will be solicited on 3 options: a vending machine operation, a manual or short- order operation and a combination vending machine -manual operation. The current operation is vending machines except for draft beer which is dispensed by an attendant furnished by the concessionaire. There were no comments from members of the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "m," be accepted; seconded by Turner; and passed unanimously. .. * * * * * * .. .. .. .. * * * City Manager Townsend stated that there is a need to amend the ordinance renewing the five-year lease agreement with the Southside Pony League prior to its third reading and presented the following for Council consideration. 13. MOTION TO AMEND: Amend, prior to third reading, the ordinance renewing the five-year lease agreement with the Southside Pony League for 1.71 acres in Price Park to provide the following: a. The League will be responsible for maintaining the lease area in a clean and sanitary condition throughout the year instead of just during the pony league season. b. The lease can be cancelled by either party on six months notice. The lease currently provides that the City may terminate it at any time when public necessity requires upon 90 -days notice. c. Require the League to maintain dust -free parking areas. The lease currently requires the League to only maintain parking areas. City Manager Townsend stated that a number of leagues are in fact locking the athletic fields during the season because there is a difference in interpreta- tion of the wording of the leases. He suggested that the third reading on this particular lease be delayed until the Park Board has an opportunity to discuss this aspect of the leases. Motion by Best that the subject ordinance pertaining to the Southside Pony League lease be amended prior to third reading as outlined above, seconded by Sample, and passed unanimously. Council Member Best referred to the proposed improvements to the Airport parking lot and suggested that it might be in order to meet with Mr. James K. Lontos Minutes Regular Council Meeting July 11, 1979 Page 28 and the architect, Mr. Mike Wilson, in regard to this matter. Council Member Diaz stated that it was his understanding that they were to proceed and present the plans to the Council as soon as they are completed. City Manager Townsend indicated that this was his understanding also, but if there is a question, he would be glad to arrange a meeting. Dr. Best stated that he felt that a meeting would be in order to discuss the parking lot so that the consulting engineers would know just what the Council wanted, noting that according to the letter from the consultants, there are several matters that need to be resolved. Discussion followed in regard to a meeting date, and City Manager Townsend assured the Council that nothing will be designed around the ditch at the Airport except some minor work, and the architect will be requested to keep his plans within the available funds. He then suggested that the staff prepare some tentative plans and arrange a meeting as soon as they are ready. The Council indicated their con- currence with this suggestion. ., * .. .. .. .. * ,. * * * „ * * .. .. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances; there was no discussion on them; City Secretary Read polled the Council for their votes; and the ordinances were approved: SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE -SENIOR LEAGUE, LEASING TO SAID OSO LITTLE -SENIOR LEAGUE A 16 - ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THEPURPOSE OF CONDUCTING A LITTLE - SENIOR LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. 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: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "aye." Minutes Regular Council Meeting July 11, 1979 Page 29 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, THE SMALL BUSINESS ADMINISTRATION, AND CHAPARRAL AVIATION, INC., COVERING COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, MODIFYING THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT, AND PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON COMPLIANCE WITH ARTICLE VIII, SECTION 2(c) BY CHAPARRAL AVIATION, INC., ALL AS SHOWN IN THE MODIFICATION OF LEASE AGREEMENT, A SUB- STANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". 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: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT OF LEASE AGREEMENT FROM CORPUS CHRISTI BANK AND TRUST COMPNAY TO CHARLES N. RAYBURN, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE ASSIGNMENT OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". 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. 14981: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MRS. RUTH SPARKS FOR THE RENTAL OF LAND AND BUILDING FOR THE TAX OFFICE AT 520 LAWRENCE STREET FOR THE PERIOD BEGINNING JUNE 1, 1979 THROUGH NOVEMBER 30, 1982, AT A MONTHLY RENT OF $1,500, 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 foregoing ordinance was read for the third and final time and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "aye." RESOLUTION NO. 14982: AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL TO THE STATE OF TEXAS DEPART- MENT OF HUMAN RESOURCES FOR THE PROVISION OF SPECIALIZED TRANSPORTATION SERVICES FOR MEDICAID RECIPIENTS IN CORPUS CHRISTI AND NUECES COUNTY UTILIZING THE CITY'S ELDERLY TRANSPORTATION VANS; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A CONTRACT WITH THE STATE FOR THE PROVISION OF SAID SERVICES; 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. 14983: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 50 IN CONNECTION WITH LAND ACQUISITION AROUND THE OSO SEWER PLANT, SUCH ACQUISITION TO BE FUNDED FROM THE SNAITARY SEWER OPERATING FUND RESERVE; 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 July 11, 1979 Page 30 ORDINANCE NO. 14984: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION COMPANY, INC., FOR THE CONSTRUCTION OF MINOR STORM SEWER IMPROVEMENTS, AND CHANGE ORDER NO. 1 TO THE CONTRACT DEDUCTING $17,000 FROM THE CONTRACT PRICE AS BID; APPROPRIATING $252,000 OUT OF THE NO. 295 STORM SEWER BOND FUND, OF WHICH $240,343 IS FOR THE CONSTRUCTION CONTRACT, $5,000 IS FOR INSPECTION AND SURVEY WORK BY CITY FORCES, AND $6,657 IF FOR INCIDENTAL EXPENSES AND CONTINGENCIES APPLICABLE TO PROJECT NO. 295-77-12, MINOR STORM SEWER IMPROVEMENTS; 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. 14985: APPROVING THE SUBLEASE BY ADOLPH WITTNER, SR. TO BILLE AND DORIS BARTON OF 1.51 ACRES ON KENNEDY CAUSEWAY AT THE INTRACOASTAL CANAL, LEASED TO MR. WITTNER AS AUTHORIZED BY ORDINANCE 12672, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HTEROF, MARKED EXHIBIT "1", AND AS APPROVED BY CONSENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED AND MARKED EXHBITI "A"; 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. 14986: APPOINTING JOE ALSUP JUDGE OF THE MUNICIPAL COURT IN CORPUS CHRISTI, TEXAS, AND PRESIDING JUDGE OF THE CORPUS CHRISTI MUNICIPAL COURTS "A", "B", "C" AND "D"; PROVIDING AN EFFECTIVE DATE; 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. 14987: APPOINTING BILL MONKRES JUDGE OF THE MUNICIPAL COURT IN CORPUS CHR'STI, TEXAS, BY NOMINATION OF THE MAYOR AND CONFIRMATION OF THE CITY COUNCIL; 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. 14988: APPOINTING JOSE GONZALEZ JUDGE OF THE MUNICIPAL COURT IN CORPUS CHRISTI, TEXAS BY NOMINATION OF THE MAYOR AND CONFIRMATION OF THE CITY COUNCIL; 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. 14989: APPOINTING JOE A. GARZA JUDGE OF THE MUNICIPAL COURT IN CORPUS CHRISTI, TEXAS, BY NOMINATION OF THE MAYOR AND CONFIRMATION OF THE CITY COUNCIL; 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 July 11, 1979 Page 31 ORDINANCE NO. 14990: PRESCRIBING THAT ARTICLES 1 AND 2 OF HOUSE BILL 1060 ENACTED BY THE SIXTY-SIXTH LEGISLATURE, PERTAINING TO VALUATION OF AGRICULTURAL PROPERTY, NOT APPLY TO 1979 TAXES LEVIED OR COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS; 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. 14991: 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION M. L. CAMPBELL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 6A, SHELL ROAD POULTRY ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "8-4" 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, Diaz, Dumphy, Turner and Zarsky voting "aye." ORDINANCE NO. 14992: AMENDING THE ZONING ORDINANCE OF THE CIYT OF COPRUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUTS, 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 DRILLING TOOLS, INC., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT, ALONG THE NORTH PROPERTY LINE OF LOT 35, BLOCK 8, LANTANA INDUSTRIAL AREA, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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." * * k * t. ;t is t. t t * is t. '; k * Motion by Sample that the Council convene in closed session to discuss pend- ing litigation, under the authority granted by V.A.C.S. 6252-17; seconded by Diaz; and passed unanimously at 7:20 p.m. The Council reconvened in Regular session at 7:32 p.m. There being no further business to come before the Council, on motion by Best, seconded by Dumphy and passed unanimously, the Regular Council Meeting was adjourned at 7:34 p.m., July 11, 1979.