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HomeMy WebLinkAboutMinutes City Council - 08/22/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 22, 1979 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best Assistant City Manager Archie N. Walker David Diaz Assistant City Attorney Bob Coffin Jack K. Dumphy City Secretary Bill G. Read Betty N. Turner Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. State Representative Leroy Wieting, who was present in the audience, gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the presentation by the Animal Control Advisory Board. Mr. Lawrence French, 3510 Aransas Street, stated that he is the Vice Chair- man of the Animal Control Advisory Board and had been asked to address the Council in regard to the Board's recommendations about handling a potential rabies problem. Mr. French reported that Dr. Dayton L. Prouty, DVM, has estimated that there are approximately 42,000 dogs in the City; less than one-half of them have been innocu- lated against rabies; and the City has issued licenses for only 14,000. He informed the Council that the Board recommends that the Council consider passage of an ordi- nance that is viable and can be enforced. He reminded the Council that the ordinance presently in existence prohibits employees of the Animal Control Division from entering private property for the purpose of picking up dogs that are not on a leash. Mr. French stated that Ms. Sissie Sweeney and Mrs. Joan Urban had worked to prepare suggested amendments to the City's existing ordinance to make enforcement more effective. He suggested that the Board meet with the Council as soon as possi- ble to discuss the recommended amendments. He stated further that the Board feels that the $2.00 license fee is inadequate and that repeated offenders should pay a Minutes Regular Council Meeting August 22, 1979 Page 2 much greater fine than is now assessed against offenders. Mr. French expressed the opinion that if the owners of dogs had to pay more when their animals are taken to the dog pound, they would be less likely to allow them to run loose. He indicated that the Board would be glad to work with the City's Legal Department to devise an ordinance that would be more effective in controlling animals in the City. He stated that this Board is prepared to meet with the Legal Department personnel at any time and suggested that such a meeting be held later this week. Assistant City Manager Archie Walker reminded the Council that several members of the Legal staff are out of the office at this time and suggested that this be on the agenda in approximately one month. Mayor Jones suggested that the matter be placed on the agenda in three weeks. Other Council Members indicated their concurrence with this. Mayor Jones stated that he agreed that there is a definite problem with dogs in the City and expressed appreciation to the Board Members for their efforts. Mr. Bill Mead, Regional Director of the Humane Society of the United States, addressed the Council. Mr. Mead stated that he had been working with the Cities of Eagle Pass and El Paso with their rabies problem and has also met with this Clty's Animal Control Advisory Board in an effort to be sure that the rabies problem will not occur here. Mr. Mead presented copies of suggestions from his office to combat this problem. Council Member Turner indicated that she felt that the Board's suggestion to increase the fines for repeat offenders is an excellent solution and indicated that she felt that Dr. W. R. Metzger should be included in the discussions in regard to amending the ordinance. Mayor Jones summarized the discussion by assuring the Board that the matter of amending the ordinance will be on the agenda in three weeks. Mayor Jones announced consideration of appointments to Boards and Com- missions. He reviewed the appointments to the Park Board that were discussed during the Workshop Meeting. Motion by Best, seconded by Diaz and passed unanimously, that the following appointments be confirmed: • Minutes Regular Council Meeting August 22, 1979 Page 3 Park Board Term to Expire Mr. Luis Munoz (Reappointment) Mr. Henry Flores Dr. Henry Casillas ( Reappointment) Mrs. Gloria Swantner (Reappointment) 8-23-81 8-23-81 8-23-81 8-23-81 Mayor Jones then called for the City Manager's Reports. Assistant City Manager Walker presented the following items with related comments and explanations and recommended that: (a) A public hearing be held at 2:00 p.m. during the Council Meeting on August 29, 1979 on the request of Airport Transportation of Corpus Christi, Inc. for a rate increase as follows: Zone Present Rates Requested Rates 1 $3.00 $3.50 2 3.50 4.00 3 4.50 5.25 4 6.00 7.00 5 7.50 8.75 This is an average increase of 16.4%. The company has a five-year franchise, ending in 1981, to provide airport limousine service. The Airport Advisory Board recommends that the requested increase be approved. (b) A public hearing be held at 2:00 p.m. during the Regular Council Meeting on September 5, 1979 to close the right-of-way of Caribbean Drive between Roscher Road and the Oso. The area, located between Roscher Drive and the Oso, is being replatted as Roscher Estates. The staff recommends against the closing because it will eliminate public access to the Oso in this general area. When the preliminary plat was approved,the Planning Commission waived the park requirement on the basis of a hardship and accepted money in lieu thereof. The Platting Ordinance only provides for waiver of parks and acceptance of money instead on subdivisions between 10 and 20 acres. This subdivision has 57.21 acres. A dedicated park would have provided an alternate access to the Oso. (c) A hearing be held on September 12, 1979 on the appeal of Seaside Memorial Park Association from the decision of the Directorof Inspections and Operations not to issue a permit for a new driveway on Gaines Street at Ashland Street to serve the cemetery and funeral home. The applcation for the permit was denied because at the time that the zoning was granted by a previous City Council, representations were made by the Memorial Park Assoeiatton to the Council -that no additional driveway access would be sought from Gaines Street. It is further recommended that property owners within 450' of the driveway location be advised of the hearing. (d) Annual supply contracts be awarded as follows: (1) Data Processing Cards and Forms to the following firms: BUSINESS SUPPLY CORPORATION OF AMERICA, Austin Lot 1 - Tab Cards (14 items) $15,422.35 DATA DOCUMENTS, Houston Lot 111 - Standard Stock Forms (11 Item%) 22,282.66 Lot IV - Printer Data Processing Forms (14 items 5819.49 , Minutes Regular Council Meeting August 22, 1979 Page 4 Price comparison shows an increase of 31% on Lot 1, 25$ on Lot 111 and a decrease of 31% on Lot VI. Bids were received from five firms. It is recommended that the five bids received on Lot II (3 items of utility and collection bills) and the four bids received on Lot V (4 items of data processing ribbons) be rejected and the items be rebid later with revised specifications. The specifications on Lot 11 did not require that forms be capable of being read optically. On Lot V,a longer life ribbon has been Introduced which is being evaluated by the Data Processing Department. The price on Lot IV is subject to fluctuation. (2) 16 items of Tapping Saddles and Branch Connections to AMERICAN CAST IRON PIPE COMPANY, Dallas on the basis of low bid of $4,715.40. Price comparison shows an increase of approximately 7$. Bids were received from two firms. (3) Warehouse Supply Items to the following firms: CORPUS CHRISTI HARDWARE, INC. Lot 1 - Wire, Chalk Lines & Refills, Small Water Hose Fittings & Miscellaneous Hardware (18 Items) $ 943.25 Lot IV - Solder & Solder Paste (4 Items) 279.90 HOLLIS NEESE AUTO SUPPLY, Corpus Christi Lot II - Miscellaneous Service Station Accessories (22 Items) 3,831.51 STONE COMPANY, Corpus Christi Lot III - Nails, Fence Staples and Canvas Tacks (17 Items) 1,063.14 CORPUS CHRISTI RUBBER & SPECIALTY, Corpus Christi Lot V - Packing, Jute, Graphite & Rubber Sheet (13 Items) 3,056.28 NORVELL WILDER SUPPLY, Corpus Christi Lot VI - Water Coolers (4 Items) 3,148.00 Lot VII - Grinding Discs & Wheels, Wire Brushes, Sandpaper (18 Items) Lot VIII - Garden & Sprinkler Hose (3 Items) Total TECHNIBILT CORPORATION, Burbank, Calif. Lot IX - Traffic Cones (2 Items) VALLEN CORPORATION, Corpus Christi Lot XI - Neoprene Coated Gloves (2 Items) BRIGGS -WEAVER, Corpus Christi Lot XIII - Rubber Hip & Knee Boots (17 Items) CORPUS FIRE & SAFETY, Corpus Christi Lot XIV - Fire Hose (1 Item) GRAND TOTAL 1,993.35 2,551.73 7,693.08 3,561.60 513.36 7,435.51 750.48 $29,128.11 Minutes Regular Council Meeting August 22, 1979 Page 5 Price comparison shows an increase of approximately 9%. Bids were received from 21 firms. The bid award on Lot II is on the basis of the most com- plete bid received. The two items not bid (4 tire pumps and six I2 -ounce squirt oil Lans) will be purchased as needed on the open market. The apparent low bid of $1,044.13 on Lot 11I by Contractor's Building Supply Company, Corpus Christi, is not recommended because it did not specify delivery time, terms or firm or fluctuating price basis as required. The apparent low bid of $468.72 on Lot XI by Western Marketing Service, Inc., Bloomfield, N.J. is not recommended because the brand glove required was not bid. The gloves are used by Gas Division employees in putting hot tar around the Joints of pipe and the brand glove required has been the only one found that has sufficient insulating capability. (4) A six months upply of automotive parts for Transit, Fire and Maintenance Services be purchased from the following firms: JOBBERS WAREHOUSE OF CORPUS CHRISTI Est. Amount Lot I Chassis Parts $ 1,150 Lot IV Clutch Parts 2,800 Lot VI Alternators, Starters 4,700 Lot VIII Hose Clamps 300 Lot XI Windshield Wiper Blades & Refills 1,100 Lot XIII Fuel Pumps 500 Lot XIX Water Pumps 2,100 Est. Total --- $12,650 HOLLIS NEESE AUTO PARTS, Corpus Christi Lot II Miniature & Sealed Beam Lamps 1,650 Lot VII Rubber Products 1,800 Lot XII Caps & Thermostats 250 Lot XVI Reflectors, Mirrors and Lens 2,500 Est. Total --- $ 6,200 MOTOR PARTS COMPANY, Corpus Christi Lot III Exhaust System Parts $ 4,000 Lot IX Shock Absorbers 2,600 Lot XIV Wire Sets 2,000 Lot XV Bearings & Seals 1,000 Lot XVII Switches 500 Lot XVIII Gaskets 300 Est. Total -- $10, 0000 ALPHIN SUPPLY, Corpus Christi Lot V Brake Parts 4,800 On the following "Lot" the firms indicated are tied for low bid. It is recommended that award be made by casting of the Lot: *HOLLIS NEESE AUTO PARTS (x) J0Beff6-WPAE4OU -(--}- Lot X - Universal Joints 650 GRAND TOTAL -- $34+,700 Bids were received from 4 firms. The apparent low bid of $2,150 by Jobbers Warehouse on Lot IX is not recommended because the brand bid is not equal to that required by the specifications. The recommended bidders were determined by the type of price list supplied, percent of discount and sample purchase. It is estimated that a 5% savings is realized by soliciting formal bids for these parts as opposed to purchasing them on the open market as needed. *Following casting of lots, bid award was made to Hollis Neese Auto Parts for Lot X. Minutes Regular Council Meeting August 22, 1979 Page 6 (d) -(5) A three months supply of lumber and survey stakes be purchased from the following firms on the basis of low bid: ARMSTRONG !UMBER COMPANY, Corpus Christi Lot 1 (47 Items) #1 and #2 Fir or Pine, Cedar Rough Oak and Plywood - $19.10 per board foot Lot 111 ( 8 Items) Redwood - $6.47 per board foot Lot IV (1 Item) Select Sewer Lumber - $.34 per board foot NUECES HDWE & SUPPLY, Corpus Christi Lot II (8 Items) Plaster Lathe & Survey Stakes TOTAL $5,200.00 739.69 $5,939.69 Price comparison shows a decrease of approximately 1%. Bids were received from 3 firms. (e) The recommendation of the Bay Drilling Committee be approved that McMoRan Exploration Co. be granted a permit to drill a well from an irregular location 4 miles north of the Naval Air Station and 10 feet south of the old Inter- coastal Canal fairway in State Tract 89. Previous attempts to use the regular cluster area in the state tract were unsuccessful because of unstable bay floor conditions. On June 15, 1977, McMoRan was granted a permit to drill a well in an irregular location in the southeast corner of the tract. This well was a dry hole. The company now wishes to drill a well in the northern portion of the tract which would then become the cluster area for the tract. The #2 well would be drilled as a straight hole to a depth of 12,500 feet. (f) $3,921.90 be appropriated out of the Park Trust Fund to complete reimbursement to the General Fund for cost of installing park shelters by Park Division forces. One shelter was installed at: (9) Previously Total: This Reimbursed: Request: Greenwood $3,252.88 $3,252.88 Lions 5,088.94 $4,500.00 588.94 Malibu 4,580.08 4,500.00 80.08 TOTAL -- $3,921.90 $15,225.59 be appropriated from the Park Bond Fund for reimbursement to the General Fund for irrigation system installations in Fountain, Swantner, Gardendale and Patterson Parks by park Division forces. All of the Gardendale and Fountain Parks systems, approximately 25% of the Swantner Park system, and 40% of the Patterson Park system have been completed. Fountain Park Swantner Park Gardendale Park Patterson Park $ 1,739.36 815.32 3,315.65 9,355.26 $15,225.59 (h) A 3,713 square foot parcel including the old radio repair shop adjacent to Fire Station No. 5 at Leopard Street and Nueces Bay Boulevard be sold to Texas Star Oil Company for $4,100 and City retain a 25 foot right-of-way easement adjacent to the north property line for use by fire vehicles. The other adjoining property owners have provided written certification that they have no interest in acquiring the property. Minutes Regular Council Meeting August 22, 1979 Page 7 Assistant City Manager Walker located the parcel of land to be sold on a map of the area. Mayor Jones inquired about the method of determining a fair price for this land. Assistant City Manager Walker replied that a staff appraisal was made by Mr. Ken Kohrs, and the appraisal was made with the understanding that the City would retain the right-of-way. Mr. Walker explained that this is a substandard, small lot on which no one can build other than to expand an existing business. He informed the Council that this small parcel was surplus land from the fire station property. Assistant City Attorney Bob Coffin further explained that the City felt that the property should be disposed of and they would benefit from the sale in that the eAisting building will be removed, and the owner will maintain at their expense the driveway which can be used for the fire trucks and employees. In a further discussion of the price, Assistant City Manager Walker stated that the City had compared this to four sales in the area, and the prices for which that land was sold were $1.43, $1.46, $2.00 and $1.10 per square foot. He assured the Council that these prices were reviewed to determine the appropriate cost of this property. Mr. Walker further explained that Mr. Kohrs used an estimate of $1.60 per square foot, subtracted the value of the easement, and ascertained the appropriate value of the property. Mayor Pro Tem Sample stated that he felt that this is a fair price for this property, and Mayor Jones expressed the opinion that the City should sell all simi- lar pieces of property that is owned. Council Member Best inquired as to how much of this kind of property is owned by the City. Assistant City Manager Walker stated that the staff could prepare a report on this but assured the Council that whenever the City has an opportunity to sell such property, they do so. Council Member Dumphy expressed the opinion that if the purchaser is going to remove the building, this is a fair price for the property. Minutes Regular Council Meeting August 22, 1979 Page 8 (i) The lease agreement be renewed with Mr. Margarito Gallegos for a building at 833 Avenue J. Robstown, for one year beginning May 1,1979, at $200.00/month for a kitchen to prepare meals for the elderly in Robstown and the west part of the County and a payment of $428.19 be authorized for one-half of the cost to repair the central air conditioners. The rent represents an increase of $25 per month. The County, which pays for this portion of the program, concurs. (j ) (k) A lease be approved between the Lower Nueces River Water Supply and Mrs. R. C. Blumberg for the leasing by the Blumbergs of Lot Newell Subdivision, San Patricio County at Lake Corpus Christi. purchased the property from the Blumbergs when Wesley Seale Dam The Blumbergs found most of the land was not inundated at the h elevation and moved back onto the property and desire to lease the City is required by Section 6 of the water contract between District. District and Mr. 43, Block 1, The District was constructed. ighest lake it. Approval by the City and A contract be authorized with the Coastal Bend Halfway Houses for Alcoholics, Inc., for $10,000 for residential rehabilitation services for indigent alcoholics within the city. It is estimated that 60 to 70 clients will be served during the year. Council Member Diaz inquired if this is the group that planned to locate a facility on Gibson Lane, indicating that he had received a number of telephone calls in opposition to such a location. Assistant City Manager Walker stated that this is not the organization that plans to locate their facility on Gibson Lane. He informed the Council that the Corpus Christi Community Correction Center is the group that has such plans. Mr. Walker stated that the staff has also received calls expressing opposition to these plans; they checked into the matter; and it has been determined that the property is zoned for industrial use which would not allow the installation of a building of the type that is planned. Assistant City Manager Walker also noted that he understands that a petition has been circulated in the neighborhood to express opposition to the plans of the Correction Center. Mr. Ernest Briones, Director of Planning and Urban Development, stated that a member of this organization has indicated to his staff that they will request a change of zoning on the property. (1) The Commercial and Industrial Waste Ordinance be amended to require industrial users to make industrial cost recovery payments. The Federal Wastewater Grants Program requires industries discharging in excess of the equivalent of 25,000 gallons per day of normal strength waste to repay over a twenty year period that portion of the cost of plant improvements utilized in treating that industry's waste. 40% of annual revenue thus collected is deposited into a special fund for expansion and reconstruction of local treatment plants, 10% is for discretionary use for wastewater operations, and 50% must be returned to the Federal Government. Estimated annual revenue from 19 existing customers is $42,144.71. No additional construction grants or contract payments will be made to the City by the Environmental Protection Agency until EPA approves the City's cost recovery program. Collection of the charges must begin upon completion of a federally assisted treatment plant improvement project unless a congressional moratorium is declared. i Regular Co:.nc,1 Meeting August 22, 1979 Page 9 (m) Two applications for grant funds from the Equal Employment Opportunity Commission be authorized for resolution of 140 charges between October 1, 1979 and September 30, G30. One grant for $35,000 provides for the resolution of 100 new charges. The second grant for $21,750 calls for the resolution of 40 backlog cases now pending and funds to purchase audio visual equipment for training purposes. This is a continuing program carried out by the City's Human Relations activity and Commission. (n) A contract be approved with the Texas Prison System to repair a wrecked van at a cost not to exceed $2,000 for parts. There will be no charges for labor. The van is used by the Senior Community Services Program to carry out the program in the County. Funds are available in the 1979-80 Budget. Nueces County pays for the cost of carrying out the program in the County. (o) Plans and specifications for Various Water System Improvements, Phase 1, be approved and bids be received September 19, 1979. This is a 4th Year Community Development project and provides for the installation of 6" and 8" water lines and appurtenances in the following streets: P• BAY VIEW ADDITION Marguerite St. - N. Alameda to Crosstown Expressway 12th St. - Agnes to Mary Morris Ave. - 14th to 15th 10th St. - Mary to Morgan HAMPTON & SOUTH END ADDITION Hancock St. - S. Staples to S. Water Furman Ave. - S. Staples to S. Water Coleman Ave. - 10th to S. Upper Broadway Park Ave. - S. Alameda to S. Upper Broadway S. Tancahua St. - Agnes to Hancock King St. - Park to Coleman 6th St. - Park to Coleman 5th St. - Park to Coleman S. Upper Broadway - Park to Coleman The project proposes the removal and replacement of existing deteriorated and undersized water lines in this older portion of the City. The Corpus Christi International Airport Runway Striping project be accepted and final and total payment of $13,306.70 be made to Coastal Bend Striping Company. This project provided for the complete restriping of the north -south runway at the Airport and also included minor striping at the intersecting taxiways of the runway. The Federal Aviation Adminis- tration will participate in 90% of the cost of the project. The striping brought the runway up to instrument landing standards. There were no comments in regard to the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "o", be accepted; seconded by Diaz; and passed unanimously. City Secretary Read reminded the Council that he would be out of the office for several days on vacation and presented the following item for their considera- tion: Minutes Regular Council Meeting August 22, 1979 Page 10 7. Recommendation that Dorothy Zahn be appointed Acting Assistant City Secretary in the absence of City Secretary Bill G. Read. Motion by Diaz that the foregoing item be approved, seconded by Sample and passed unanimously. * * * * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. There was no response at this time. Motion by Sample that the Regular Council Meeting be recessed at 3:10 seconded by Turner and passed unanimously. * * * * * * * * * * * * * * * * p.m., Mayor Jones reconvened the meeting at 3:30 p.m. and announced that public hearings on three zoning cases will be conducted. Assistant City Manager Walker announced the public hearing on Application No. 779-6, Mr. John Q. Hammon, for a change of zoning from "1-3" Heavy Industrial District to "B-4" General Business District on a portion of Share "A" of the Parti- tion of the Estate of Mrs. Mary McBride located on the east side of North Padre Island Drive, approximately 300 feet south of Leopard Street. Mr. Walker noted that both the Planning Commission and the Planning Staff recommend approval. He then asked Mr. Larry Wenger, Chief Planner, to summarize. Chief Planner Wenger located the area on the zoning and land use map, des- cribed the land use in the surrounding area, showed slides of the area, and stated that the applicant planned the construction of a motel at this location. 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 approve the zoning of "B-4" for Application No. 779-6; seconded by Best; and passed unanimously. * * * * * * * * * * * * * * * * Assistant City Manager Walker announced the public hearing on Application No. 779-7, Tinker, Dailey & Tor, for a change of zoning from "A-1" Apartment Minutes Regular Council Meeting August 22, 1979 Page 11 House District to "AB" Professional Office District on the north 1/2 of Lot 4, Block 1, South End Addition, located on the east side of South Tancahua Street, approximately 300 feet south of Park Avenue. Assistant City Manager Walker informed the Council that the Planning Com- mission recommends approval, and the Planning Staff recommends denial on the basis that this area can be regained as a viable residential area since there is a trend of movement back to the inner city. 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, stated that the applicant plans the conversion of the two-story dwelling into law offices, and noted that single-family residences which are occupied are located on each side of the subject property. Council Member Turner inquired if the applicant plans to retain the exist- ing residential appearance of the structure. Mayor Jones, noting the presence of Mr. Arthur Ramirez of the Planning Commission, asked him to comment on this application. Mr. Ramirez stated that the Planning Commission recommended approval of this application because the area is a mixed neighborhood containing apartments and buildings used for professional offices. Mr. Ramirez pointed out that the professional offices in the area have contributed to the improvement of the neighborhood and the Commission felt that this particular property would be improved in the same way if the application is approved. He noted that the type of business planned would not create much additional traffic, and there is a parking area in the rear of the property. Council Member Zarsky inquired if the applicant had presented a site plan showing that the parking area would be adequate to serve the proposed law offices. Mr. Ramirez stated that they did not, but that the staff usually brings such matters to the attention of the Planning Commission. Mr. Walker also pointed out that a certificate of occupancy would not be issued if there is not enough parking space available. Mayor Pro Tem Sample explained that three years ago when the Council began considering zoning requests from this area, the Council felt that this was a Minutes Regular Council Meeting August 22, 1979 Page 12 suitable area for professional office use. Mr. Sample noted that with the gasoline shortage that now exists, this opinion might be changed, but he still felt that a law office would not detract from the character of the neighborhood. Council Member Diaz expressed agreement with this opinion. Mayor Jones called for members of the audience who wished to speak in regard to this application. Mr. Louis Williams, Jr., speaking on behalf of his mother who owns the pro- perty immediately south of this land, stated that she would not be opposed to this change of zoning if a privacy fence is constructed. Assistant City Manager Walker assured Mr. Williams that if the change of zoning is approved, a standard screening fence would be required. Speaking on behalf of the owner of the property was Mr. Bruce Collins, Jr., who stated that they have attempted to sell the property for residential use with- out success and that they have reached the conclusion that this would be the best use for the property since it is on a busy street. Speaking in favor of the change of zoning was Ms. Louise Krebsbach, 616 Tancahua, who stated that she feels that this would be the best use of this pro- perty. Also speaking in favor of the application was Mr. David Burkett, who explained that he is a member of a law firm that has offices located in the area and he does not feel that the requested zoning would greatly increase traffic in the area and would be an asset to the neighborhood. Mr. Dennis Tor, one of the applicants, stated that they plan to use 1,600 square feet of the building, and they will have 15 or 16 parking spaces at the rear of the property. No one else spoke in regard to this application. Motion by Turner that the hearing be closed, seconded by Sample and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and approve "AB" zoning for Application No. 779-7; seconded by Turner; and passed unanimously. Minutes Regular Council Meeting August 22, 1979 Page 13 Assistant City Manager Walker announced the public hearing on Application No. 779-9, Mr. David R. Vera, for a change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lots 1 and 2, Block A, Phillips Addition, located at the northwest corner of Sarita Street and Baldwin Boulevard. Mr. Walker stated that both the Planning Commission and the Planning Staff recommend approval. He then asked Mr. Wenger to summarize the case. 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 owner plans to establish a real estate office in the present building and add insurance and attorney's offices. No one spoke in regard to this application. Motion by Turner that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Dumphy that the Council concur with the recommendation of the Planning Commission and approve the zoning of "AB" for Application No. 779-9; seconded by Turner; and passed unanimously. Mayor Jones called for the ordinances. Assistant City Manager Walker briefly explained the ordinances. There were no comments from the Council or the audience on them. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING CHAPTER 55, UTILITIES, ARTICLE XI, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL STANDARDS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 55-140, DEFINITIONS, TO DEFINE "INDUSTRIAL USER" AS HEREINAFTER SET FORTH; AMENDING SECTION 55-143, SO AS TO REVISE TITLE AND ADD SUBSECTION C, PROVIDING FOR THE COLLECTION OF INDUSTRIAL COST RECOVERY PAYMENTS, ALL AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 2 TO LEASE NO. DOT-FA76SW-1197 WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION TO REDUCE THE RENTAL PAID ON UNFINISHED FLOOR SPACE ON THE THIRD FLOOR OF THE CONTROL TOWER ADDITON AT CORPUS CHRISII INTERNATIONAL AIRPORT BY DELETING 1,263 SQUARE FEET OF UNFINISHED SPACE FROM THE LEASE: ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". Minutes ReyuiJ Council Meeting August 22, 1979 Page 11, The foregoing ordinance was read for the second time and passed to its final reading 5y the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye" SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. DOT-FA79SW-1076 WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF 325 SQUARE FEET OF SPACE ON THE THIRD FLOOR OF THE TOWER BUILDING AT THE CORPUS CHRISTI 1TNERNATIONAL AIRPORT FOR A TERM BEGINNING JULY 1, 1979; ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH 15 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A. The foregoing ordinance was read for the second time and passed to its final reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting" "Aye". ORDINANCE N0. 15067: APPROPRIATING $15,225.59 OUT OF THE PARK BOND FUND NO. 291 FOR REIMBURSEMENT TO THE GENERAL FUND NO. 102, ACTIVITY 4122-603, FOR CONTINUED INSTALLATION OF IRRIGATION SYSTEMS IN THE FOLL'ri,'NG PARKS: FOUNTA,I,, PARK, PROJECT NO, 291-77-4.3, 51,739.36 SWAN;NER PARK, PROJECT NO. 291-72-6.3, $815.32 ▪ AR'F.NE.ALE PARK, PROJECT NO. 291-77-4.4, $3,315.65 y ;ATTFPSON PARK, PROJECT NO. 291-77-4.5, $9,355.26; AND iZ ;-aEING AN EMERGENCY. —,0. -ter Rule was suspended and the foregoing ordinance passed by the following .;ones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". i i'r, I N.+r'C E NO. 15068: ;'-PRGP„,ATING $3,921.90 OUT OF THE PARK TRUST FUND NO. 111 FOR REIMBURSEMENT TO THE GENERAL LINE-, 40. 102, ACTIVITY 4122-603, FOR INSTALLATION OF SHELTERS IN GREENWOOD, LIONS AND • PARKS BY THE PARK DIVISION, OF WHICH APPROPRIATION THE SUM OF $3,252.88 IS FOR TPt -EI ;ER INSTALLED IN GREENWOOD PARK, $2,365.17 OF WHICH IS OUT OF PARK TRUST FUND "• =1!-1763, GREENWOOD POOL, AND $887.71 IS OUT OF PARK TRUST FUND N0. 111-1752, "^1 RIL7:U; $558.94 IS OUT OF PARK TRUST FUND NO. 111-1793, LIONS PARK: AND $80.08 PARK TRUST FUND NO. 111-1796, MALIBU PARK; AND DECLARING AN EMERGENCY. 1. •-,'ter Rule was suspended and the foregoing ordinance passed by the following Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ',AL, 44N(r NO. 15069: AU ;'r, '''H0 THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED TO PATSY ANN BROOKS THAT IR:.1 0P, PARCEL DESCRIBED AS THE .0852 ACRES OUT OF LOTS 6, 7 AND 8, BLOCK 6, BARTHLOME +Dr''fION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FOR A CONSIDERATION OF 5A,V)C, ALL AS MORE FULLY SET FORTH IN THE SPECIAL WARRANTY DEED, A COPY OF WHICH IS A-,-Af17 HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Tbt .Ler Rule was suspended and the foregoing ordinance passed by the following • tone'., Sample. Best, Diaz, Dumphy, Turner and Zarskv voting "Ave". CR6 1• •',,I,: F NO. 15070: ',UTH5.4IZ'NG THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT AND 00TIONS THEREIN WITH MAPGO,R110 ::ALLEGOS FOR APPROXIMATELY 2500 SQUARE FEET OF SPACE LOCATED AT 833 AVENUE J iM ROBSTOWN, TEXAS, FOR A TERM OF 12 MONTHS, FOR USE AS A TITLE VII NUTRITION PROGRAM (.',,',EN AND REAL SITE 'OR THE SENIOR COMMUNITY SERVICES PROGRAM, ALL AS MORE FULLY SET FJRTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND • ^AT,T HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 22, 1979 Page 15 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. 15071: AUTHORIZING THE CITY MANAGER TO APPROVE THE LEASE BETWEEN THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AND MR. AND MRS. R. C. BLUMBERG FOR THE LEASING BY MR. AND MRS. BLUMBERG OF LOT 43, BLOCK 1, NEWELL SUBDIVISION, SAN PATRICIO COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15072: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND HALFWAY HOUSES FOR ALCOHOLICS, INC., FOR PROVISION OF RESIDENTIAL REHABILITIATION SERVICES FOR INDIGENT ALCOHOLICS WITHIN THE CITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15073: AUTHORIZING SUBMISSION OF TWO GRANT APPLICATIONS TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - ONE GRANT FOR $35,000 FOR THE RESOLUTION OF 100 NEW CHARGES AND THE SECOND GRANT FOR $21,750 FOR THE RESOLUTION OF 40 BACKLOG CASES NOW PENDING AND TO PURCHASE AUDIO VISUAL EQUIPMENT FOR TRAINING PURPOSES; 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. 15074: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS PRISON SYSTEM TO REPAIR A SENIOR COMMUNITY SERVICES VAN AS MORE FULLY DESCRIBED IN THE CONTRACT WHICH IS ATTACHED HERETO, MADE A PART HEREOF, AND MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumpny, Turner and Zarsky voting "Aye". ORDINANCE NO. 15075: AMENDING THE SANITARY SEWER MASTER PLAN BY CHANGING THE PORTIONS OF AREA 12-A-2 AND 12-A-3, TOTALING 35 ACRES, AS SHOWN BY MAP OR PLAT THEREOF, DESCRIBED AS CRESTMONT UNIT 5, AND AS FURTHER SHOWN BY MAP ATTACHED HERETO AND DESIGNATED AS EXHIBIT "A", SITUATED AT THE SOUTHWEST CORNER OF HOLLY ROAD AND KOSTORYZ, FROM THE WESTSIDE SYSTEM INTO THE OSO SYSTEM, BEING AREA 10-B-1; AMENDING THE SANITARY SEWER MASTER PLAN BY ADOPTING THE REVISIONS RECOMMENDED BY McCAUGHAN & ETHERIDGE IN THE REPORT PREPARED IN 1974, TITLED REPORT ON REVISION OF THE MASTER SANITARY SEWER PLAN FOR THE SOUTHERN AREA OF CORPUS CHRISTI, TEXAS, AS IT PERTAINS TO THE AREA IN THE REPORT, A SUBSTANTIAL COPY OF SAID REPORT BEING ON FILE IN THE OFFICE OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT; LEAVING ALL OTHER PROVISIONS OF THE MASTER PLAN UNCHANGED EXCEPT AS HEREIN AND HEREBY AMENDED; 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 August 22, 1979 Page 16 ORDINANCE NO. 15076: AMENDING THE DRAINAGE MASTER PLAN BY TAKING APPROXIMATELY 80 ACRES LOCATED AT THE SOUTHWEST CORNER OF STAPLES AND SARATOGA, DESIGNATED AS AREA J -B-1, FROM THE BOUNDARY DESIGNATED AS THE "J" SYSTEM AND PLACING THE AREA INTO THE SYSTEM DESIGNATED AS THE "L" DRAINAGE SYSTEM, AS MORE FULLY ILLUSTRATED BY THE MAP ATTACHED HERETO, MARKED EXHIBIT "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. 15077: 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 JOHN Q. HAMMONS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 5.32+ ACRES OF LAND, BEING A PORTION OF SHARE "A" OF THE PARTITION OF THE ESTATE OF MRS. MARY McBRIDE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM 'I -3'r HEAVY INDUSTRIAL 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, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15078: 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 TINKER, DAILEY & TOR BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON NORTH 1/2 OF LOT 4, BLOCK 1, SOUTH END ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "A-1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED: REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15079: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, L937, 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 DAVID R. VERA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK A, PHILLIPS ADDITION, SIUTATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-lB" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". * * * * * * ,t * * * * * * * * * Minutes Regular Council Meeting August 22, 1979 Page 17 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. John De Goche, 138 Gibson Lane, addressed the Council on behalf of her neighbors who object to the location of a halfway house planned in their neighborhood at 118 Gibson Lane. Mrs. De Goche presented a petition containing 35 signatures protesting the contemplated installation of this facility at this address. Mayor Jones explained to Mrs. De Goche that the property being considered is not properly zoned for this facility; the required change of zoning application must be presented before the Planning Commission and the City Council before it can be approved; and the residents of the neighborhood will be notified of both of these public hearings. City Secretary Read stated that the petition will be filed in his office so that it can be considered at the time of the public hearings on the zoning application. Mr. John L. De Goche also informed the Council that the property behind his residence at 138 Gibson Lane is badly overgrown with grass and weeds. Assistant City Manager Walker stated that this will be checked by the staff. Council Member Turner inquired about the progress on Woodlawn Park, and Mayor Jones stated that he would also like to have a status report on St. Andrews Park. Assistant City Manager Walker stated that reports on these projects will be provided the Council. There being no further business to come before the Council, on motion by Best, seconded by Sample and passed unanimously, the Regular Council Meeting was adjourned at 4:15 p.m., August 22, 1979.