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HomeMy WebLinkAboutMinutes City Council - 09/12/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING SEPTEMBER 12, 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 invocation was given by Council Member David Diaz. 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 the issuance of the following proclamations: "CZECH HERITAGE DAY" - September 9, 1979; "FESTIVAL DE BAILE DAY" - September 9, 1979; "ARMY -NAVY NATIONAL HISPANIC HERITAGE WEEK" - September 10 - 14, 1979; "NATIONAL HISPANIC HERITAGE WEEK"- September 10-14, 1979, and "CONSTITUTION WEEK" - September 17 - 23, 1979. * * * * * * * * * * Mayor Jones announced appointments to Boards and Committees: City Manager Townsend reviewed the appointments discussed during the Workshop Meeting and suggested that a motion would be in order to confirm the appointments. Motion by Diaz, seconded by Turner, and passed unanimously that the following appointments be confirmed: MUNICIPAL ARTS COMMISSION: (The following were appointed by the Mayor and confirmed by Dan E. Butt (Reappointment) Mrs. Margaret (Wesley F.) Walberg - (Reappointment) Mrs. Rosa F. (Nick) Fernandez - (Reappointment) Dr. Merton Johnson - (Reappointment) Mrs. Sam P. Simpson TERM TO EXPIRE: the Council) 9-01-82 9-01-82 9-01-82 9-01-82 9-01-82 sty 0 4190 00II.M 0 Regular Council Meeting September 12, 1979 Page 2 HOUSING AUTHORITY: (Appointed by the Mayor) TERM TO EXPIRE: Mrs. Maria Luisa Garza 4-01-81 AMBULANCE ADVISORY COUNCIL: Braxton Routh (City Appointment) 8-08-82 SENIOR COMMUNITY SERVICES ADVISORY COUNCIL: Dr. Roemer Best 12-26-80 Charlotte Rappsilber 12-26-79 COMPREHENSIVE EMPLOYMENT AND TRAINING ACT ADVISORY COUNCIL: Oct. 1, 1979 - Sept. 30, 1980 Art Acuna (Community -Based Organizations) Mrs. Carole M. Stephens (Business) Dr. Walter McCoy (Vocational Education Agencies) Mike Lepeda (Organized Labor) Gloria Deverick (Employees not represented by Organized Labor) * * * * * * * * * * Mayor Jones announced the first public hearing scheduled for 2:00 p.m. regarding the following matter: Closing a 20 foot alley in Block 5, Calallen Townsite. The block is bounded by Middle Lane, Avenue D. W. Buckhorn Street and Calallen Drive. City Manager Townsend explained that the property owner has indicated that single family homes are scheduled to be constructed; that since the alley is not open for public use and since there are no utilities existing in the 20 foot right-of-way, there is no reason to maintain the alley; the additional 10 feet to each lot would be of greater benefit to the property owners; and that the City would not have to provide maintenance on this 300 foot strip. No one spoke in regard to this request. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Council Member Diaz that the closing of the 20 foot alley in Block 5, Calallen Townsite be approved as requested; seconded by Sample; and passed unanimously. * * * * * * * * * * e• sar Council Meeting September 12, 1979 Page 3 Mayor Jones then announced the public hearing on the Amendment to the 1976 Corpus Christi Transportation Plan. City Manager Townsend explained the City's procedures on which the Urban Transportation Plan is updated each year; stated that the only area in the plan that carries a substantial amount of disagreement is on the Airline Road portion and sug- gested that a definite date be set to consider this matter separately. City Manager Townsend further stated that he would like to add that it is necessary to obtain Council's approval of the plan prior to its presentation to the Corpus Christi Urban Transportation Study Policy Advisory Committee and the Steering Committee during the last week of September and that approval of the plan is also necessary if the City is to continue certification for the Corpus Christi urbanized area, thereby maintaining the City's eligibility to receive federal assistance for highway and transit improvements. City Manager Townsend then called on Mr. Ernest Briones, Director of Planning acid Urban Development, to make the presentation. Mr. Briones presented the Council with copies of the Corpus Christi Urban Transportation Plan outlining the street plan changes and cross section changes and stated that the original plan had been adopted by the City in 1965. Mr. Briones added that since then, several revisions had been made, one major revision being in 1974. Mr. Briones referred to an enlarged map of the City's proposed street system with the 103 proposed changes included and mentioned that when the plan is adopted, the map will be reprinted and reduced to a more convenient size. Mr. Briones then proceeded with his presentation, making reference to slides on the now existing street plan and the proposed street plans; mentioned the 103 changes proposed to the current Transportation Plan, which does not include additional changes for recommended cross sections establi- shing rights-of-way and design criteria for collectors, arterials and expressways; and pointed out the major amendments involving (1) extension of the Crosstown Expressway, (2) Neighborhood unit concept, (3) rural and urban streets and highways as they inter- face with the City's utility master plan service areas and (4) extension of Saratoga Boulevard to Rand Morgan Road around or through Corpus Christi International Airport. Mr. Briones reviewed the 31 of the 103 street plan changes he identified as being the most significant. d1 .uuncil Meeting Sa;:, mt r 12, 1979 Mr. Briores concluded his presentation by stating that the City's Master �:-, rLu iation Plan proposed at this time included the realignment of Airline Road as hc. ,e,n approved by previous City Councils for inclusion in the Master Plan. City Manager Townsend presented the Council with some background information re9a:aing a previous public hearing on the matter; stated that the main issue then was oh.:tiior or not to block a portion of the existing Airline Road for the development of park; that it had been voted down by the last Council and that it was before this Counii now for consideration. Mayor Jones thanked Mr. Briones for hispresentation and stated that he would like to commend staff members involved with the planning of the Corpus Christi Trans- porr:r ion Plan. Mr. Briones then recognized Mr. Mickey Rausch, Senior City Planner with the Pisniring and Urban Development; Mr. Gordon Derr, Planning 6 Design Engineer with Traffic & 'r..,nsit Department; Mr. Larry Wenger, Chief Planner, Planning & Urban Development; Mr. ''rsin Stewart, Director of Traffic & Transit; and mentioned that two members of the 1i,atr ing Commission, Mr. Homer Johnson and Mr. Ernest Wranosky were also present. Mayor Jones called on Mr. Ernest Wranosky, Planning Commission Member, to corent on the Commission's recommendations to the amendment of Airline Road. Mr. Wranosky stated that he is of the opinion that the relocation of Airline ao_,d would cut off the shortest route between Flour Bluff and downtown and feels that ib idr:u1d benefit the Citizens of Corpus Christi more to leave Airline Road as it is but tilt he is not in a position to argue; therefore, he will go along with the Planning Cerrnnission's recommendations to adopt the plan. Mayor Jones called for comments from the audience in regard to this matter. Mr. Roy Smith, 7967 Wooldridge, expressed opposition to the relocation of AH ire Road and stated that he feels that there are other matters more critical that sh,mlJ be considered such as the widening of McArdle Road to five lanes in the business area, Saratoga Drive crossing the Oso; and the improvement of Ennis Joslin Road. Mr. Bill Brown, representing Peterson Development Company, also spoke in oppr t;on to the proposed relocation of Airline Road. Mr. Brown stated that he agreed +,11-h hr. Smith's comments that Airline Road should be left as an arterial street and ,ed concern over the heavy amount of traffic due to the great influx of commercial i;rcwrcy on McArdle Road. Mr. Brown further stated that he is of the opinion that the City should consider a center turn lane on McArdle Road and mentioned that this was Minutes Regular Council Meeting September 12, 1979 Page 5 the most opportune time to do this, as the last Council had approved a Minute Order of the State Department of Highways and Public Transportation in October, 1978 for the McArdle Road improvements to be under way this fall, and which were to include in the plans a left -turn lane for vehicles to enter the nearby shopping centers such as Padre Staples Mall, Mt. Vernon Mall, and the Gulfway Shopping Center. Mr. James K. Lontos, Director of Engineering & Physical Development, informed Mr. Smith that the present plan for McArdle Road calls for a 48' wide pavement and two lanes with one center -turn lane or four lanes with no center turn lane. Also speaking in opposition to the proposed relocation of Airline Road was Mr. WallaceLundgren who owns property on Airline and Saratoga. Mr.Lundgren stated that he does not want any jog in Airline; that it should be left an arterial street; and that he feels that area is going to develop and carry a lot of traffic thereby increasing the property value. Mr. Ray Peterson, who owns a 46 -acre tract of land in this vicinity, also spoke in opposition to the Airline Road realignment and argued a point based on a 1967 Harland Bartholomew study that Airline was meant not to be realigned. Mr. Peterson pointed out that Airline is one of the few good streets that extends from Flour Bluff to Ocean Drive and that realignment of Airline would be an inconvenience for Flour Bluff citizens to get to downtown Corpus Christi. Council Member Betty Turner inquired if he would support Airline east and west. Mr. Peterson reiterated that Airline Road needs to be an arterial street. Council Member Zarsky pointed out that the 1963-'64 Corpus Christi Transpor- tation Plan adopted in 1965 showed Airline Road extending southwards south of Holly Road and inquired of Mr. Peterson's basis of opinion of Airline as it now exists. Mr. Peterson stated he based his opinions on the 1967 Harland Bartholomew study. City Manager Townsend explained that the 1967 Harland Bartholomew study was never actually adopted by the City Council. Mayor Jones inquired as to why the developers were not notified of these changes. ft_,oflar Council Meeting ':iy.odmber 12, 1979 0.m• 6 City Manager Townsend again explained that there is no real procedure to n;tify the developers; and that if the plan is adopted, a copy of said plan would be `r.und in the City's Planning Department, the City Secretary's Office and all of the Licy's libraries. Mr. Peterson remarked that if these changes are done for the best interest of the public, then Airline Road should remain as it now exists to enable Flour Bluff c tizens reach the downtown area. Dr. Byron N. Coward also expressed opposition to the relocation of Airline R,rad and the renaming of the existing portion of that street, adding that it should be g!ven another name instead. Dr. Coward expressed the opinion that to break it up and degrade it is unwise; that rules and regulations are made to be changed if found be unfair and unjust; and urged the Council to not permit the closing of any part f Airline but to permit it to be a through street. Dr. William "Bill" Hart also spoke in opposition, stating he objects to the clusing of Airline; that he has no objection to the added street running parallel to Eve!hart and Weber Road; but does object to Airline Road closing, as it will pose an 1n.Gi!venience to the people in that area. Council Member Diaz asked whether Mr. Hart understood it to be a closing of Airline Road or a redesign. City Manager Townsend, referring to the enlarged map of the proposed City's street system, explained to Mr. Hart that Airline Road will not be closed but redesigned to show the existing street as a "collector" street and the proposed street as an "arterial". Mr. Bill Hart then apologized to the Council and staff and stated that he had understood it to be a closure. Also speaking in opposition to the realignment and in support of Mr. Ray Peterson's comments was Mr. Charles Fairless who resides in the area. Mr. Fairless stated that he believes that Airline should be upgraded instead of downgraded; that he would like to see the name stay the same; and suggested that the extended portion ,f that street should have a name of its own. Mr. Buddy Salvo, 201 Baycliff, stated that he would like to see Airline !.main an arterial street; added that Airline begins at Ocean Drive and crosses every main artery in the City; would like to see Members of the City Council consider making .aratoga a main artery; feels Staples Street should be upgraded and not downgraded; Minutes Regular Council Meeting September 12, 1979 Page 7 and is against Airline being given a new name. Mr. Ernest Starry also objected to the relocation of Airline and stated that he believes it should remain as it now exists since it is the shortest route downtown for citizens in that area. Mr. Dave Coover, Attorney, also objected to the proposed plan, stating that he had never heard of the 1963-64 Corpus Christi Transportation Plan which was adopted in 1965. Mr. Coover contended that first meetings such as this are dangerous to the landowners, adding that he owns several pieces of property throughout the City, one of which is in the area of Oso Parkway. Mr. Coover assured the Council that condemnation proceedings would have to be commenced before the City could acquire his property. Mr. Coover agreed with everyone who spoke before him that Airline should remain as it exists now. Council Member Turner asked City Manager Townsend how the City can better notify the affected persons. City Manager Townsend replied that legal notices are published in the paper prior to the hearing; that at the present time, there is no way that the City can effectively notify all of the property owners because not just the property owners are involved but everyone that will make use of the streets. Mr. Farrell D. Smith, 425 Schatzel Street, complained about the City's poor way of communicating with the people in regard to matters of this nature; stated that although he spends a great deal of his time reading, he knew nothing about the 1965 Corpus Christi Transportation Plan. Mr. Smith continued by stating that he is co -trustee of 1400 acres of land involving several families -- several of whom were totally unaware of the change of Airline. Mr. Smith further added that Airline is one of the finest roads in the City and feels it should remain an arterial street; feels the adoption of the plan ought to be slowed down as 103 changes could not be decided on in one meeting; and suggested that Saratoga and Yorktown be enlarged. Mayor Jones inquired of Mr. Smith if there were any other portions of this plan that he would object to at this time. Mr. Smith stated that he would have to admit that there were several good points in this plan. Council Member Zarsky asked Mr. Smith if he had any objection to the Airline West street name. Mr. Smith replied that he would rather see some different name on it because it would result in confusion. f1ir�i"c� Renular Council Meeting ..: nzmber 12, 1979 Council Member Turner then asked Mr. Smith if he had any suggestions as to ,he City could handle the communication problem if the Council were to delay their decision on the plan today. Mr. Smith responded that perhaps a notice attached or incorporated somehow in the utility bills would alleviate the problem. Mr. Ernest Wranosky, member of the Planning Commission, spoke again at this time stating that perhaps both Airline Streets be put in existence and that signal t>sific controls be used for awhile to determine which one of the two streets is used the oust and then decide which one should be closed, depending on the flow of traffic. Mr. Briones pointed out that at the time the staff and the Planning Commission d:,.cused the recommendation on the Master Plan which is being presented today, this s,Jgdestion was not included. Council Member Zarsky stated he would like to hear the staff's reasons for their recommendations regarding the relocation of Airline Road. Mr. Briones proceeded to explain that there are two basic reasons involved -- I) that if the existing Airline Road continues to be considered a main street and t;ie Airline Road that is included in the Master Plan is also a main arterial street, Ln: two streets will come together at an intersection, thereby creating a very bad and dangerous intersection; and (2) the extension of Airline Road southwards south of Holly Road will provide a major arterial street approximately one mile between two other arterial streets. Mr. Ray Peterson addressed the Council relative to the Ennis Joslin and South Pad,Island Drive interchange and stated that he had spoken to Mr. Bill Minor with Le. Highway Department and that Mr. Minor had expressed his concern in that the City ws never acquired the right-of-way for that interchange. City Manager Townsend explained that the City had decided to wait until the 1,F.n:i was platted to gain the property rather than purchase it at this time. Motion by Council Member Diaz that the hearing be closed; seconded by Zarsky an, gassed unanimously. Discussion followed among Council Members at this time. Council Member Turner suggested that the current Airline be upgraded to an rterial street. Council Member Dunphy noted that the major intersections need more consideration. Motion by Diaz to reconsider closing the hearing as it pertains to Airline Minutes Regular Council Meeting September 12, 1979 Page 9 Road; seconded by Dumphy; and passed unanimously. Motion by Sample that the hearing be closed except the Airline Road portion. It was seconded by Council Member Turner and passed unanimously. Motion by Council Member Dumphy that the date of October 10, 1979 be set to resume the recessed hearing on Airline Road; seconded by Turner; and passed unanimously. Motion by Council Member Best that the Council approve the Transportation Plan with the exception of Airline Road; seconded by Zarsky; and passed unanimously. Motion by Best that the Regular Council Meeting be recessed at 4:36 p.m., seconded by Turner; and passed unanimously. ., * * is * .. ,: * * * Mayor Jones reconvened the Regular Council Meeting at 4:40 p.m. and announced the next public hearing on the following matter: Appeal of the Seaside Memorial Park Association from the decision of the Director of Inspections and Operations not to issue a permit for a driveway on Gaines Street at Ashland Street to serve the cemetery and funeral home. The application was denied because at the time that the zoning was granted representations were made by the Memorial Park Association that no additional driveway access would be sought from Gaines Street. The property owners within 450 feet of the driveway location have been notified. City Manager Townsend presented the Council with copy of the letter of appeal from Mr. Richard B. Stone, Attorney representing the Association; copy of letter from Mr. Bill Hennings, Director of Inspections and Operations to applicant; showed a slide of the area involved; and gave some background information. City Manager Townsend further stated that the application for a permit for the new driveway on Gaines Street that serves the Seaside Memorial Funeral Home is at the Ashland Street intersection, which was actually constructed several months ago, was rejected because representations were made to the previous Council that the driveway would not be constructed. Mayor Jones inquired if the proper people involved were notified. City Manager Townsend verified that public hearing notices had been mailed to the property owners within 450' of the subject area. Mayor Jones called on the applicant to speak at this time. Mr. Richard B. Stone, attorney representing the Seaside Memorial Park Asso- ciation, addressed the Council in rebuttal to Mr. Hennings' allegations that represen- tations were made that a driveway would not be constructed into Gaines Street. Mr. Stone contended that no such representations were made to the City Council that this Minutes Regular Council Meeting September 12, 1979 Page 10 driveway would not be constructed and challenged the City Manager's statements to this effect. Mr. Stone further stated that he had spent one and one-half hours listening to the tape at the City Secretary's Office of the Special Council Meeting, and no statement was heard on the tape in regard to the allegations, nor did the Minutes of the Special Council Meeting reflect that there would be no entrance constructed in the future. In conclusion, Mr. Stone urged that this Council grant this appeal. Speaking in opposition was Mrs. Virginia C. Pitman, 410 Sheridan, who stated that in her opinion, this entrance constructed on Gaines Street at Ashland Street to the cemetery is unnecessary and detrimental to their homes. Mrs. Pitman added that this will only decrease the value of the property should they decide to sell; contends that traffic has increased not only down Ashland but through Sheridan Street since the gate has been opened; and urged the Council to deny the request. Mayor Jones asked Mrs. Pitman if the cemetery had traffic going in and out during the day. Mrs. Pitman replied that the gate is open during the day for people that want to come into the cemetery, and the gate is closed at sundown. Mrs. Jerry Martin, 401 Ashland, also spoke in opposition to the request. Mrs. Martin stated she endorses Mr. Hennings' decision not to issue the permit and cannot understand how they were able to install the gate and put up a big sign in front of her home without first obtaining a permit. Mrs. Martin further stated that this driveway has done nothing to enhance their homes but has been a detriment; that Gaines Street has turned into a speed trap for speedsters and sees no reason why the driveway should be permitted to exist. Mayor Pro Tem Sample asked Mrs. Martin what the gate had to do with the speeding on Gaines Street. Mrs. Martin replied that a curb exists at the intersection of Airline and Gaines Streets and traffic cannot be seen due to a huge commercial sign at Ashland and Gaines, and she feels that the gate is unnecessary. City Manager Townsend stated that an investigation of the commercial sign would be conducted and that certain requirements would have to be met. Dr. Lorraine M. Doegey, 401 Sheridan, stated she happens to be one of the property owners who lives within 450' from the subject area and is very much opposed to the driveway entrance to the cemetery which is opened at daylight and closed at sundown. She contended that this access road is being used as a business road; and Minutes Regular Council Meeting September 12, 1979 Page 11 with the free standing sign that has been installed, it seems only logical that this road is being used for business and commercial purposes. Mrs. Doegey further added that this new opening is just another example that this business is operating and is much more interested in expansion than in maintenance. Mr. Reid Ryan, President of the Seaside Memorial Park Association, spoke in defense, stating that the Association did obtain a permit for the sign they now have. Mr. Ryan explained the way in which his contractors handled the project, adding that he was totally unaware that the builders had not obtained a permit from the City to build the driveway until it had already been completed but that the builders had, in effect, thought the owners had obtained the permit. Mr. Ryan further explained that presently there are three entrances from Gaines Street; that the gates are open during the day for anyone wishing to visit the cemetery; but that heavy traffic exists from the cemetery when very large funerals are being conducted there at their funeral home; in the case of processions, members of the City's Police Department escort the pro- cessions down Gaines Street and they decide on the entrance to be used. Mr. Ryan showed pictures of the cemetery to the Council depicting further plans for development to the cemetery and stated that at the present time, there are 13,000 burial sites without an entrance. He concluded by saying that, in his opinion, the gate on Gaines and Ashland Drive is very essential to the cemetery. Mayor Jones inquired if the plat that was approved by the Planning Commission contained the road. City Manager Townsend explained that cemeteries do not have to be platted in the usual manner; stated that there is no authority by which a commercial sign can be installed on property zoned "R -1B"; and agreed that this is obviously a problem that is going to grow as the cemetery grows. Mayor Pro Tem Sample inquired of City Manager Townsend what his reactions were regarding the Minutes of May, 1979 as it pertains to the Gaines Drive entrance. City Manager Townsend responded that he believes that the people attending both meetings left with the impression that no entrance would be made available on Gaines Drive. Mrs. Gene Fisher, 417 Ashland, spoke at this time in opposition, stating that their house had been built 20 years ago and that the entrance installed to Gaines Drive had definitely caused an increase in traffic. Minutes Regular Council Meeting September 12, 1979 Page 12 Council Member Best then asked Mr. Ryan if they anticipate that more entrances will be needed when they are through developing the cemetery. Mr. Ryan responded by saying that the Association is trying to run a first class cemetery and feels more entrances will be needed as developing progresses to make ingress and egress easier. Mayor Jones then inquired of Mr. Ryan how many more years Seaside Memorial Cemetery had capacity for. Mr. Ryan replied that they had the capacity for at least 75 more years. Motion by Council Member Diaz that the hearing be closed; seconded by Sample, and passed unanimously. Motion by Council Member Zarsky that the appeal of the Seaside Memorial Park Association be granted, and the driveway permit be approved subject to the condition that the intersection improvements meet all safety conditions and setback requirements as though the access road into the cemetery was a public street; seconded by Diaz. Mayor Pro Tem Sample stated that because he was left with the impression back in May, 1977 that no entrances were to be constructed on Gaines Street to the cemetery, he felt he could not support the motion. Mayor Jones also stated that the access on Gaines Street should not be granted. There were no further comments. Mayor Jones called for the vote on the motion which passed as follows: Council Members Best, Diaz, Turner and Zarsky voting, "Aye"; Jones, Sample and Dumphy voting, "Nay". matter: Mayor Jones announced the hearing scheduled for 2:00 p.m. on the following Request of the engineer for the developer of the proposed 58.94 acre Golden Oaks Estates, located on the south side of Ramfield Road west of Flour Bluff Drive, that a 2.9 acre park dedication not be required. Although the request has been submitted as an appeal of the decision of the Planning Commission, it can only be considered as a request to amend the Platting Ordinance. Minutes Regular Council Meeting September 12, 1979 Page 13 Mr. Ernest Briones, Director of Planning and Urban Development explained and discussed a plat of the area involved giving some background information regarding the appeal. Mr. Briones explained that the Planning Commission considered a preliminary replat containing 58.86 acres at which time such plat was tabled for two weeks, and the Commission requested a legal opinion from the City Attorney's Office as to whether or not the Planning Commission could legally require 5% of the area to be dedicated for park purposes. This request was made because the area was platted in 1954 and no park dedication was made; however, this area at that time was outside the city's extraterri- torial jurisdiction. Mr. Briones further explained that the owner's engineer, Mr. Harlan Heitkamp of Maverick Engineering, wrote a letter to the Planning Commission on the behalf of his clients requesting a public hearing before the Commission concerning the dedication of an approximate 2.9 acres of land for park purposes, contending that it was unrealistic to require additional lands to provide open space for a neighborhood of this type since lot sizes proposed in their development are 1 -acre; therefore, each lot virtually had its own park. Mr. Briones further added that the Planning Commission has heard the plat appeal, and since a legal opinion had been received from the City Attorney stating the Commission had no authority to waive park requirements, the plat appeal had been denied. Mr. Harry Bennett, representing Maverick Engineering, stated he would like to point out that their clients had asked for a change of zoning on the subject property from "R -1B" (single family residence) to "R -E" (Residential Estate) requiring the lot sizes to be one acre or more because of the demand for country type living within the City. Mr. Bennett added that individuals will be looking for tranquil type living; and in thier opinion, the R.E. District is virtually a park within itself and that it seems unrealistic to require additional lands to provide open space for the neighborhood with this type of development. Mr. Bennett urged the Council's consideration for a waiver on the park requirement. There was some discussion among Council Members regarding the matter. Mayor Jones asked Mr. Ernest Wranosky, member of the Planning Commission, for the Commission's opinion. Mr. Wranosky replied that it is their opinion that this land is being developed in such a way that it is unwise to let any property go without park dedication. Mayor Luther Jones called for any further comments. There were none. Minutes Regular Council Meeting September 12, 1979 Page 14 Motion by Diaz that the hearing be closed, seconded by Turner, and passed unanimously. Because it was determined that a park dedication requirement of the Platting ordinance still applies to this Golden Oak Subdivision replat, Council Member Best moved to deny the appeal. The motion was seconded by Council Member Turner and passed unanimously. * * * * * * * * * * City Manager Townsend announced that there weretwo scheduled public hearings on assessments, the first hearing being: a. Preliminary Assessment Roll for improving street access to Older Neighborhoods. The preliminary roll involves 30 parcels and totals $52,391.62. The streets involved are Driscoll Drive, from Agnes Street to Kenwood Drive, Bluebonnet and Kenwood Drives from Driscoll Drive to Longview West and Villa Drive from Baldwin Boulevard to Quaile Drive. The low bid of $195,576.25 was submitted by King Construction Company. The project was included in the 1977 Bond Election. City Manager Townsend explained that the public hearing is required by State statutes and requested that City Attorney J. Bruce Aycock conduct the public hearing to establish testimony in regard to the preliminary assessments. City Attorney Aycock informed the Council that this assessment hearing is required by State statutes to develop facts in order for the Council to make a judgment as to whether or not the proposed improvements will enhance the value of the abutting property at least in an amount equal to the assessments. Mr. Aycock called as his first witness, Mr. James K. Lontos. Through questioning of Mr. Lontos, City Attorney Aycock ascertained that he is a registered Professional Engineer and Real Estate Appraiser in the State of Texas, that he has been employed by the City of Corpus Christi in his present position of Director of Engineering and Physical Development for over five years, and that he is familiar with the project under discussion. Mr. Aycock then requested that Mr. Lontos explain the access to Older Neighborhood street improvements. Mr. Lontos located the area involved on the map and explained that the project shall include improvements to the three streets mentioned above which shall be cons- tructed by excavation to a width and depth to permit the laying of a standard curb and gutter, 6" compacted subgrade, 8" compacted caliche base and 11 or 2 inch Type "D" Hot -Mix asphaltic pavement. Mr. Lontos further added that the streets will vary Minutes Regular Council Meeting September 12, 1979 Page 15 in width from 28' to 48' depending on right-of-way and street usage; there will be 4' wide reinforced sidewalks and 6" thick reinforced driveways as shown on the construction plans, or where requested by the owners; the assessment rates have been calculated in accordance with the latest paving policy adopted by the City; and briefly explained the different assessment rates based on the lowest bid submitted by King Construction Company of $195,576.25; the total preliminary assessments are $52,391.62; and the City's portion is $143,184.63. Mr. Lontos explained that for all properties zoned and used for one and two family residences, churches and schools, the maximum rates are established by the City Council are $4.75 per linear foot for curb, gutter and pavement, and $.075 per square foot for sidewalks. City Attorney Aycock inquired if these estimates of the cost of the street improvements were made before any work was done on the street and before this hearing commenced. Mr. Lontos verified that this was true and testified that he had examined each and every parcel included in this assessment roll and had determined that there were only four odd -shaped lots, and these back on Driscoll Drive; that these lots have improved frontages and do not require an adjustment as the respective property owners are not being assessed for curbs, gutters and sidewalks and paving; and pointed out that 11 other properties, zoned "R-2" are properties backing on Driscoll Drive, and are all one and two family dwellings. Mr. Lontos stated that these homes do have improved frontages; that since these properties do back on Driscoll Drive, with no rear entrances, he would like to recommend that there be no assessment for improvements along Driscoll Drive. Mr. Lontos further added that because Items 21 and 31 involving two properties are in a neighborhood of one and two family homes (R-2 zoned), and are assessed the higher rate due to zoning, it is his recommendation that the side rate for these two properties be reduced to one-half (1/2) the residential rate, or $2.38 per linear foot for curbs and gutters and paving. Mr. Lontos also testified that, in his opinion, every parcel of land abutting this street would be improved at least in the amount of the assessment. b. Sidewalk improvements on Shely Street from Ayers to H.E.B. Tennis Center. The preliminary assessment roll involves 10 parcels and totals $3,505.94. The total cost of the street and sidewalk improvements through N.E.B. Park is $69,592.45. The improvements are part of the H.E.B. Park and Tennis Center expansion project approved in the 1977 Bond Election. Mi;iutes Regular Council Meeting September 12, 1979 Page 16 Mr. Lontos proceeded to explain that improvements will be constructed on both sides of the street and shall consist of a 4' wide reinforced concrete sidewalk 4" thick; that this assessment project is to be constructed in conjunction with the H.E.B. Park and Tennis Center Expansion and the relocation of Shely Street; construction should ,,tart immediately and the project has been awarded; and that this project has a six months completion date. Mr. Lontos stated that the low bid for this construction was submitted by Asphalt Paving and Construction Company with the maximum assessment rate for sidewalk by City ordinance being $.075 per square foot. Mr. Lontos pointed out to the Council that the total contract price is $69,592.45; the total preliminary assess- ments are $3,505.94; and the City's portion is $66,086.51. Mr. Lontos continued by stating that the City's Department of Engineering and Physical Development concurrs with the recommendation of Mr. William J. Holly, licensed real estate broker in the State of Texas. City Attorney Aycock called as his next witness Mr. William J. Holly. Through questioning of the witness, Mr. Aycock determined that Mr. Holly has been a licensed real estate broker in the State of Texas and in the business for 25 years and that he is experienced as a real estate appraiser. Mr. Holly stated that he is familiar with each and every parcel included in this street improvement project. He testified that in his opinion, all of the properties being assessed would be enhanced in value by the proposed improvements by at least the cost of the improvements. Mr. Holly continued his presentation by stating that in examining these properties, he had found no odd -shaped lots or any properties in need of adjustment on the Preliminary Assessment Roll. Mayor Jones thanked Mr. Holly for his testimony and called on the property owners who are affected by either one of these projects to speak at this time. Mrs. Lorena Ethel Mitcham, 229 W. Longview, spoke in regard to Item No. 21 of che "Access to Older Neighborhoods" project. Mrs. Mitcham objected to the cost of the sidewalk adding that in her opinion, the sidewalks will never be used and that is is already costing her too much money to have her yard edged. Min,tes ?r.,,•iar Council Meeting e, .,tuber 12, 1979 i7 Mr. Bert Haas, representing Roan Real Estate Co., Inc., spoke in regard to !tem 2 of the "Access to Older Neighborhoods Street Improvement" project and asked f::r the City's consideration that a 20 -foot concrete island be omitted between 40 -foot and 20 -foot driveways at the Texas Paper Stock Company on Driscoll Drive at the Tex-Mex Railroad. City Manager Townsend explained to Mr. Haas that the City is recommending that the island be built and that an 85 -foot driveway not be allowed as the City feels the island will enhance pedestrian and vehicle safety and simplify traffic movements and that a report on the request of Mr. Haas should be forthcoming in a week or two. Speaking in regard to Item 33 was a representative of the Mrs. Esther Jane Hawn Estate, who felt that sidewalks are unnecessary because there is no bus stop, no cor:enience store around that area, and does not feel they will be used. Mrs. Hawn's daighter further stated that her lot is vacant at the present time; that eventually they will be building but have no plans for the immediate future; and doesn't see why she has to pay for sidewalks at this time. She further added that she is not objecting to the street being widened but does object to the sidewalks. Mr. Donald T. Bibeau, 3727 Liberty, spoke regarding Item 32, expressing his concern regarding drainage and inquired if he could be assured that there would be no drainage problem if all of these improvements that are mentioned are made. Mr. Lontos explained to Mr. Bibeau that at this time, they do not anticipate any problem after the improvements, but should a drainage problem exist, the Engineering Department will go back and try to correct the problem. Mr. Bibeau spoke again stating he had one other concern and that was that he felt Mr. Holly's estimate of enhancement was too high and does not believe that his property will be enhanced that much. Mayor Pro Tem Sample inquired of City Manager Townsend if it is the City's policy to assess the property owner on both sides. City Manager Townsend replied that it can be assessed $14.00 on the front side and half that much on the side. Mr. Townsend further added that the Council is authorized to assess much more in commercial areas and assess less than the $14.00 if they feel the property is not enhanced at least in that amount. No one else spoke in regard to these preliminary assessments. ;,routes R::gular Council Meeting ;pLember 12, 1979 ?-1.;e 18 Motion by Sample that the hearing be closed; seconded by Zarsky; and passed unanimously. Motion by Zarsky that the staff's recommendations on the two preliminary ,sments rolls be approved with the exception of Item 21, Mrs. Lorena Ethal Mitcham's; seconded by Diaz. Discussion followed on the motion and Council Member Diaz withdrew his second. Motion died for lack of a second. Motion by Sample that the staff's recommendation on the preliminary assessment rolls be approved as presented by the appraiser, Bill J. Holly, with the exception of Item 21, Mrs. Lorena Ethal Mitcham's assessment, and with the sidewalk problem to be evolved by the City's Department of Engineering and Physical Development. The motion was seconded by Council Member Zarsky, and passed unanimously. * * * * * * * * * * City Manager Townsend announced the public hearings on three zoning applications wfiick were scheduled for 3:30 p.m. Mr. Townsend announced the public hearing on Application No. 879-7, Fitzpatrick Drilling Co., for a change of zoning from "R -1B" One -family Dwelling District to "1-3" Heavy Industrial District on a 12.0+ acre tract of land out of Lot 3, Section 7, Bohemian Colony Lands located on the west side of Ayers Street approximately 1600' south of Frederick Drive. City Manager Townsend noted that both the Planning Commission and the Planning Staff recommend denial of "1-3" and in lieu thereof approve "1-2" Light Industrial District on the basis that there is an "1-2" industrial use to the north and "1-2" zoning to the south. City Manager Townsend stated that in response to the notices of the public hearing, one in favor had been returned. Mr. Townsend then requested Chief Plummer Larry Wenger to summarize. Chief Planner Wenger located the area on the zoning and land use map and pointed out the staff's recommendation for "1-2" was on the basis that there is an "i-2" indus- trial use alreadythere, and this recommendation would be in conjunction with the City :)until resolution relative to development around airports since this property is in :.),dict with the landing pattern for aircraft at Cabaniss Field which warrants industrial _oning. Motion by Sample that the hearing be closed, seconded by Turner, and passed onanimously. Minutes Regular Council Meeting September 12, 1979 Page 19 Motion by Turner that the request for a change of zoning from "R-lB" to "1-3" be denied but in lieu thereof, "1-2" Light Industrial District be approved; seconded by Dumphy; and passed unanimously. ;r****tt*** City Manager Townsend announced the public hearing on Application No. 879-8, Mr. Joseph P. Wendt, for a change of zoning from "F -R" Farm -Rural District to "R -E" Residential Estate District on Lots 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts, located on the north side of Yorktown Boulevard approximately 1300' south of Ramfield Road. Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, none had been returned in favor nor opposition. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area and explained that the staff's recommendation for approval was on the basis that the proposed development is for a large lot subdivision. Mr. Wenger also pointed out that there is no sanitary sewer service available and thus large lots are required for septic tank construction. No one spoke in regard to this application. Motion by Sample that the hearing be closed, seconded by Turner and passed unanimously. Motion by Turner that the Council concur with the recommendation of the Planning Commission to approve the change of zoning from "F -R" to "R -E" on Lots 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts; seconded by Sample; and passed unanimously. * * * * * * * * * City Manager Townsend announced the public hearing on Application No. 879-9, Sirloin Stockade, Inc. for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lots 10, 11, 12 and 13, Block B-1, Pope Place Unit 1, located on the east side of South Staples Street approximately 375 feet south of Doddridge Street. h i nutes Regular Council Meeting September 12, 1979 Page 20 Mr. Townsend informed the Council that both the Planning Commission and the Planning Staff recommend denial on the basis that the zoning should not be granted to increase the size of a sign and explained that the 20% rule is in effect. Mr. Townsend further informed the Council that in response to the notices, 2 in favor had been received; 3 in opposition, and one other had not indicated his vote. Chief Planner Wenger located the area on the zoning and land use map, described the land use in the surrounding area explaining that the property is occupied with a estaurant and the request was made for the purpose of a larger freestanding sign. Mr. Wenger reported that the applicants have been filed on for a sign violation due to the iacge mobile steer sign and further pointed out that "B-1" zoning protects adjacent property owners while "B-4" would allow more undesireable uses and higher signs which could be lighted and obnoxious to the adjacent neighborhood. Speaking on behalf of the applicant was Mr. George Ensminger, Manager at the Sirloin Stockade, inc. stating the sign is vital to his business. Mayor Jones inquired of Mr. Ensminger if this type sign was standard to the operation of the business throughout the Country. Mr. Ensminger replied that it was. Speaking in opposition to the request was Mr. John Kasper, 1058 Catalina Place, who stated that he believes it is unrealistic to change a zoning to accommodate a sign; feels that under the requested change of zoning, not only can signs be larger, but taller lights can be erected; is of the opinion that it would be more appropriate to give a .waiver for the steer sign and thereby retain the present zoning; and pointed out that if the Council decides to approve the change as requested, this would open up a lot of doors for other surrounding businesses. Also speaking in opposition to the request was Mrs. John Kasper, who stated that she would like to add that when they had met with the Planning Commission, two points had been brought out: (1) that Sirloin Stockade, Inc. leases the property; and (2) that if it were to be zoned "B-4", it would allow for more undesireable uses and higher signs which would light up their backyard. In conclusion, Mrs. Kasper urged the Council not to grant the request. Mr. David Jensen, 1054 Catalina, spoke at this time in opposition stating that hE, concurs with Mr. and Mrs. Kasper's remarks. Mr. Jensen further added that he feels very strongly against the request since they already have a freestanding sign up and th-a steer sign on the ground. Minutes Regular Council Meeting September 12, 1979 Page 21 Mr. George Ensminger, Manager of the Sirloin Stockade, spoke again in defense of the steer sign saying that he would like to add that the marquee on the steer adds to his business. Motion by Zarsky that the hearing be closed, seconded by Sample, and passed unanimously. Mayor Jones addressed himself to Mr. Ensminger, applicant, stating that it is his belief that he gets his business because of the quality of the food that he serves and not due to the sign; therefore, he felt he could not support Mr. Ensminger's request. Mayor Pro Tem Sample also addressed himself to Mr. Ensminger, stating that he concurs with the Mayor and is of the opinion that if this request is granted, they would open the door to other people seeking the same change request; therefore, he too, cannot support Mr. Ensminger's request. Motion by Council Member Zarsksy that the change of zoning on Application No. 879-9, Sirloin Stockade, Inc., be denied but in lieu thereof a special permit be issued; seconded by Diaz. Motion failed to carry. Motion by Council Member Turner that the application be denied; seconded by Zarsky; and passed. ..,.......pct.,,... Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. Bids be received at 11:00 A.M., Tuesday, October 2, 1979 to furnish and install a new effluent pumping system for the Oso Golf Course. Funds were budgeted in 1978-79 and in the current budget. b. Bids be received at 11:00 A.M., Tuesday, October 2, 1979 on the following quantities of bare steel pipe and coating and wrapping: 172,953' of 2"; 18,300' of 4"; 23,760' of 6"; 7,900' of 8"; and 3,500' of 16" for warehouse inventory and gas division requirements through July 31, 1980. c. Bids be received at 11:00 A.M., Tuesday, October 2, 1979 on 21,600' of 3/4" and 3,600' of 1" Soft Copper pipe for warehouse inventory. The pipe is used by the Water Division and is an estimated six months supply. d. Bids be received at 11:00 A.M., Tuesday, October 2, 1979 on replacement parts for two raw water circulating pumps and a six-ton air hoist for the 0. N. Stevens Water Treatment Plant. Funds have been included in the 1979-80 budget for the project. ai:i.,tes Keg,,1ar Council Meeting September 12, 1979 Page 22 e. A bid award for exterior painting of all plaster and masonry surfaces at La Retama Library be made to J. R. NICHOLS PAINTING COMPANY, Corpus Christi on the basis of low bid meeting specifications for $4,704.00 Bids were received from 4 firms. Funds were budgeted in 1978-79 and carried forward for this work. f. g• Annual supply contracts be awarded to the following firms: WESTERN MARKETING SERVICE, INC., Bloomfield, N.J. Lot X - Safety caps, liners and vests (5 items) $ 973.68 VALLEN CORPORATION, Corpus Christi Lot XII - Raincoats and storm suits (8 items) 10,982.67 $11,956.35 Recommendation for awards on these items was delayed pending receipt of samples for evaluation. On Lot X, samples were received and approved with the award recommended on the basis of low bid reflecting a 5% price decrease. On Lot XII, samples were requested from the low bidder. but not received. It is recommended that the award be made to the City's present supplier, the second low bidder, on the basis of low bid meeting specifications. Price reflects a 9% increase. Bids were received from 10 companies. Bids be received at 11:00 A.M., Tuesday, October 2, 1979 for repair and painting of two 12.5 million gallon steel water storage tanks located in the 4900 block of Holly Road near Everhart Road. The project is included in the 1979-80 budget and consists of painting the exterior roof sections and the interior portions of the tanks up to a point 20' below the interior roof. h. All existing utility easements within Lot J, Block 2-A, Byron Willis Subdivision, with the exception of a 5' wide easement along the north- west boundary line and a 10' wide easement along the northeast boundary line of Lot J be abandoned. The owners have dedicated alternate easements by platting so that they can build across the old easements. The area is generally located between South Padre Island Drive and Hermosa Drive west of Flynn Parkway. (fi) i. $14,091.05 be appropriated from the Kennedy Causeway lease reserve trust account to reimburse the Park Bond Fund for engineering on the Kennedy Causeway improvements project. The trust account receives 25% of rental revenue from baitstands and must use that revenue for planning, engineering, and constructing public improvements in the area. On July 3, 1979, the City Council approved a contract with Ogletree & Gunn for engineering services. This 1977 bond election project includes construction of a lift station, force main, gravity sewers, restroom facilities, and parking lots to serve the recreational areas along the Causeway. The total cost of the engineering contract is $20,800. j. An underwriting group be selected for the sale of single family housing finance bonds, the Corpus Christi Housing Improvement Corporation be designated as the non-profit corporation to carry out the program, and the Corpus Christi Housing Improvement Corporation's Articles of Incorporation be amended to be in compliance with the State Law authorizing the sale of housing mortgage bonds. (^) This Item was withdrawn for one week. Minutes Regular Council Meeting September 12, 1979 Page 23 City Manager Townsend presented the Council with copies of a memorandum to him from Mr. Harold F. Zick, Director of Finance and Mr. W. Thomas Utter, Director of Housing and Community Development regarding the staff's recommendation on the selection of an underwriting group. Mr. Townsend then called on Mr. Zick to summarize his recommendations. Mr. Zick gave a brief explanation as to the procedures and measures the staff had undertaken to complete its review of the proposals received by the City Council on August 29, 1979 by the various groups for the underwriting of the proposed mortgage bond issue. He explained that these proposals were considered preliminary in terms of selection criteria and that staff had later requested additional information from each of the proposers by mailgram. Mr. Zick explained the six criteria on which the evalua- tions on the proposals were going to be based -- experience in single family revenue bonds; experience in other housing bond programs; regulations for involvement in fields of mortgage revenue bonds; financing capacity; bond marketing ability capacity; and on providing an underwriting team. Mr. Zick further pointed out that the staff feels confident that all of the proposers have the financial capacity and resources to under- take the proposed sale and to carry the project through; however, based on the selection criteria and staff's review, the staff would recommend five of the fourteen proposals submitted as the selection group for City Council review. Mr. Zick listed the five recommended proposals as: E.F. Hutton & Co., Inc. and Eppler, Guerin, Turner & Co.; Kidder, Peabody & Co. and Fred Baker & Associates; Loeb Roades Shearson; Morgan Guaranty Trust Co. and Texas Commerce Bank; and the Underwood, Neuhause & Co., Inc. Rauscher Pierce Refsnes, Inc.; Corpus Christi National Bank. City Manager Townsend inquired of the Council if they had any questions for either Mr. Harold Zick or Mr. Tom Utter. Mayor Jones asked Mr. Zick what significance there would be if a local firm were to be involved in bond sales. Mr. Zick replied that a local firm participating in local bond sales would have knowledge of local financial market whereby an out-of-town firm would not. Mr. Zick then proceeded to give a brief history of each of the five proposals that the City Staff is recommending. Minutes Reg,.lar Council Meeting September 12, 1979 Page 24 Mr. Tom Utter, Director of Housing and Community Development, stated that he would like to emphasize a point and that is the fact that all of the other proposals that were not selected also have all of the capacities to carry out the program but that the staff had chosen these five based on the staff's criteria. Mayor Jones asked if anyone had any objections to the staff's recommendations. Council Member Zarsky stated that he would like to hear from some of the representatives of the companies that had submitted proposals and who were present to see what there feelings were on the recommendations. City Manager Townsend remarked that the City staff has been very precise, has not yet designated a firm, and that he is of the opinion that it would not be fair for those firms whose representatives are not present. Council Member Zarsky then stated he would like to withdraw his request and let the procedure follow. Mayor Jones then said he would like to hear wht the City staff's first recom- mendation is. Mr. Harold Zick answered by saying that he is recommending the E. F. Hutton & Co., Inc. and Eppler, Guerin, Turner & Co., based on the firm's reputation and because is is strong in the State of Texas. Mr. Utter stated that he concurs with Mr. Zick's recommendations, adding that the E. F. Hutton Co. is a strong leader in the tax exempt bond markets across the nation as well as a strong tax exempt financing leader in Texas. Council Member Turner asked for the City staff's second recommendation. Mr. Zick replied that because of their involvement in tax exempt finance firms in the State of Texas and their involvement in the City of Corpus Christi, he would have to recommend the firm of Morgan Guaranty Trust Co. and Texas Commerce Bank. Mr. Tom Utter stated his recommended proposal for second choice would be the Kidder, Peabody & Co. and Fred Baker & Associates firm because of their strong sales position in bonds across the country as well as direct significant participation in tax exempt financing within the State of Texas; and his third recommended proposal would have to be the Underwood Newhaus & Co., Inc.; Rauscher Pierce Refsnes, Inc.; Corpus Christi National Bank because of their knowledge of the tax bond market. Minutes Regular Council Meeting September 12, 1979 Page 25 City Manager Townsend then suggested to the Council that if they wish to move forward with bond financing it would be wise that the Articles of the Housing Improvement Corporation, in which the City Council Members also are the corporation's directors, be submitted to the Secretary of State's Office for approval• Council Member Diaz inquired of City Manager Townsend if the City staff had received any offers from other firms asking to be the City's financial advisors. City Manager Townsend replied that a number of firms here in Corpus Christi may indicate that they can act as the City's financial advisor but they will only bring la a person from some other city. k. An agreement with Del Mar College to employ eligible students in the Student Work Study Program be renewed for 1979-80. Del Mar will pay 80% of the students' salary and the City 20%. Students will be employed in various City activities from 12 to 15 hours per week and assigned to areas consistent with their academic background. The approximate City cost per student will be $130 per semester. An average of 2 to 3 students are employed each academic year. The City cost will come from existing salary appropriations. During 1978-79, one student worked in the Utilities Office and summer employment was provided for 3 students in Data Processing, Personnel and Police. 1. The recommendation of the Airport Advisory Board that farm leases with Mr. Joseph Kocurek, Mr. Bennie Gallagher and Mr. W. A. Whitmire at the Airport be approved. These individuals are presently farming parcels recently acquired by the City and have indicated a desire to continue farming the land. Mr. Kocurek is farming Parcel 1, a 117 -acre tract purchased on July 3, 1979; Mr. Gallagher Parcel 2, a 140 -acre tract purchased on February 21, 1979; and Mr. Whitmire Parcel 5, a 75 -acre tract purchased on October 5, 1977. Each lease provides for $20 per acre guaranteed rent .p,K, share rental of one-third on grain and one- fourth on cotton if the income exceeds the $20 guarantee. The proposed leases will terminate August 15, 1982 at the same time as all other farm leases at the airport. m. The only bid received for the Tourist Bureau Addition on July 25, 1979 be rejected and further consideration be given to the Tourist Bureau constructing new facilities adjacent to the Chamber of Commerce office. The only bid received was from Ewing Construction Company, Inc. for $110,835.00. n. An agreement with the Texas Department of Health be authorized for the City -County Health Department to continue the Women, Infant and Children (WIC) Program from October 1, 1979 to September 30, 1980. The program was initiated in September, 1977 and provided nutrition, counselling, and food vouchers to eligible women, infants and children and is 100% funded by the U.S. Department of Agriculture through the Texas Department of Health. Approximately 3,300 clients per month will be served during the next year. `1i nutes rlegular Council Meeting September 12, 1979 Page 26 o. Mr. Hobby H. McCall be employed to provide bond attorney services and Mr. M. E. Allison, Sr. be employed to provide financial advisor services in support of the proposed sale of $13,325,000 of bonds and Certificates of Obligation on November 21, 1979. p• $13,325,000 of bonds and certificates of obligation, as shown below, be sold November 21, 1979, at 11 a.m. Election Date Bonds Authorized Sales and and Certificates Previous Proposed After Proposition Purpose Proposed Sales Sales Nov., 1979 June 26, 1976 Community -Convention $14,400,000 $14,400,000 $ $ Facility Certificates 4,000,000 $ 4,000,000 November 8, 1977 Election 1 Sanitary Sewers $11,710,000 $ 5,280,000 $ 2,630,000 $ 3,800,000 2 Airport 825,000 525,000 300,000 Certificates 1,000,000 1,000,000 3 Transit 100,000 25,000 75,000 4 Park and Recreation 4,310,000 1,150,000 725,000 2,435,000 Public Buildings 1,690,000 450,000 120,000 1,120,000 6 Public Safety Buildings 915,000 150,000 185,000 580,000 7 Public Safety Equipment 950,000 950,000 Certificates 8 Drainage 3,000,000 385,000 1,400,000 1,215,000 9 Streets 9,425,000 1,635,000 1,940,000 5,850,000 q• Total $52,325,000 $24,000,000 $13,325,000 $15,000,000 A grant offer of $60,000 from the Federal Aviation Administration for updating of the Airport Master Plan be accepted. A contract has previously been awarded to Ralph Burke and Associates for updating the master plan. Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. Larry Adams, representative for the firm of Howard, Weil b Rotan Mosley, addressed the Council at this time contending that under the Texas law which allows cities to sell bonds to finance low interest home mortgages, a City cannot start a program by itself. Mr. Adams further stated that a group must request the City to start the program and that his firm had approached the City back in March, 1979. Mr. Adams added that his firm is the only one eligible under peculiarities of Texas law and expressed his concern in that the Council's decision to use the Housing Improvement Corporation as its own financing corporation can jeopardize the entire bond program. Minutes Regular Council Meeting September 12, 1979 Page 27 City Manager Townsend pointed out that the City staff had been in close contact on the progress of the "Ullmann" bill and have a summary of a copy of the House of Representatives Committee Report; that the entire matter is going before the "House" and it is expected to have a decision very soon. Mr. Townsend further stated that according to a letter addressed to Mr. Jerry Benadum of the Legal Department from the Secretary of State's Office, the Housing Improvement Corporation has been accepted to administer the loan program. Mr. Don Ratcliff, owner of Gulf Gate Mobile Homes, addressed the Council at this time suggesting that if the City is going to proceed with this program a loan limit be set; that many more people would be affected by this program if they were permitted to purchase mobile homes and would like to see some consideration given the mobile home industry in Corpus Christi by this program. Mr. Chris Baker, head of the Housing Division with the Underwood, Neuhaus b Co., Inc; Rauscher Pierce Refsnes, Inc. Corpus Christi National Bank, stated that he would like to thank the Council, Mr. Zick and Mr. Utter for their presentation. Mr. Baker commented on the reason for their limited experience as an underwriting group which is due to the fact that there have been very few bonds issued in the State of Texas; agreed with both Mr. Zick and Mr. Utter's reports and the fact that their firm has the ability to move serial bonds; and in conclusion, Mr. Baker thanked the Council for their support and any consideration given. A representative of the E. F. Hutton Co. addressed the Council by stating that he would like to thank the staff for their recommendation of their firm and also asked for the Council's support and consideration. Council Member Diaz inquired of Mr. Bruce Aycock, City Attorney, if the City would be in violation if it decided to amend the Articles of Incorporation. City Attorney Bruce Aycock replied that, in his opinion, it would be safe to go ahead and amend the articles and that clearance had been received from the Secretary of State's office to go ahead and submit the amended articles. Mayor Luther Jones called for further comments relative to the aforementioned item. There were no response. Minutes Regular Council Meeting September 12, 1979 Page 28 Mayor Jones then expressed his opinion by saying that he felt that the Council should approve the City Staff's recommendation to designate the firm of E. F. Hutton >; Co., Inc., Eppler, Guerin, Turner & Co. to help the City administer the program and study the local bond market as well as underwrite the bonds. Council Member Zarsky stated he agreed with the Mayor's opinion. Motion by Zarsky that the City Manager's Reports, Items "a" thru "q" with item "1'° having been withdrawn, be approved; seconded by Sample; and passed unanimously. ,t * t k * is is k * t matter: ;; Council Member Best left at this time. City Manager Townsend announced the pending zoning on the fol -lowing Mr. Sammy Kinns: "B-1" to "B-4", located at the southeast corner of Beach Avenue and East Causeway Boulevard. This application was heard on August 29, 1979 at which time it was denied and in lieu thereof a special permit was approved for a Whataburger Restaurant subject to an approved site plan. The attached site plan meets the necessary requirements. Motion by Sample that the site plan be approved as submitted; seconded by Diaz; and passed unanimously. Mayor Jones called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments from the audience in regard to the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances passed: FIRST READING: AUTHORIZING THE CITY MANAGER TO LEASE A 117 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "1" AT THE INTERNATIONAL AIRPORT TO MR. JOSEPH KOCUREK FOR A TERM OF THREE (3) YEARS AT A SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $20.00 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye": Rest, "absent". ,1I nutes Regular Council Meeting September 12, 1979 pay 29 FIRST READING: AUTHORIZING THE CITY MANAGER TO LEASE A 140 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "2" AT THE INTERNATIONAL AIRPORT TO MR. BENNIE GALLAGHER FOR A TERM OF THREE (3) YEARS AT A SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $20.00 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. the foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO LEASE A 75 -ACRE TRACT OF LAND IDENTIFIED AS TRACT "5" AT THE INTERNATIONAL AIRPORT TO MR. W. A. WHITMIRE FOR A TERM OF THREE (3) YEARS AT SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF lHE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $20.00 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. Fe foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, CHAPTER 57, VEHICLES FOR HIRE, ARTICLE III, AIRPORT LIMOUSINE SERVICE, BY AMENDING SECTION 57-152, ZONES AND FARES, AND AMENDING ORDINANCE 13130, AS AMENDED BY ORDINANCE NO. 13461, BY AMENDING PARAGRAPH 11 OF THE FRANCHISE AUTHORIZED THEREBY, TO PROVIDE A NEW SCHEDULE OF FARES IN ZONES 1 THROUGH 5; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". ORDINANCE NO. 15106: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND TUCKER PROPERTIES, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER TIE NOTICE AND HEARING, FOR THE ANNEXATION OF A 63.774 -ACRE TRACT OF LAND, MORE OR LESS, COMPOSED OF LOTS 10, 11 AND 12, AND PORTIONS OF LOTS 21, 22 AND 23, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41, 42 AND 43, MAP RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". Regular Council Meeting Sr.,.ember 12, 1979 Paa; 30 uRu3NANCE NO. 15107: ANNEXING THE FOLLOWING TRACT OF LAND: A 63.774 ACRE TRACT, MORE OR LESS, OUT OF LOTS 10, 11 AND 12 AND PORTIONS OF LOTS 21, 22 AND 23, SECTION 5, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS IN NUECES COUNTY, TEXAS, AND MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following •,rote: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". ORDINANCE NO. 15108: CLOSING AND ABANDONING ALL UTILITY EASEMENTS IN LOT J, BLOCK 2-A, BYRON WILLIS SUB- DIVISION, RECORDED IN VOLUME 44, PAGES 183 AND 184, MAP RECORDS OF NUECES COUNTY, TEXAS, WITH THE EXCEPTION OF A 5 -FOOT WIDE EASEMENT ALONG THE NORTHWEST BOUNDARY LINE OF LOT J AND A 10 -FOOT WIDE EASEMENT ALONG THE NORTHEAST BOUNDARY LINE OF LOT I; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. Thi: Charter Rule was suspended and the foregoing ordinance passed by the following tE Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". 0,, INANCE NO. 15109: '. !rr10RIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DEL MAR COLLEGE PROVIDING FOR ,1RTICIPATION IN A WORK-STUDY PROGRAM TO EMPLOY STUDENTS FROM LOW-INCOME FAMILIES IN I -ART -TIME EMPLOYMENT, ALL AS FULLY SET FORTH IN THE CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT A AND DECLARING AN EMERGENCY. Tti; Charter Rule was suspended and the foregoing ordinance passed by the following dote• Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". ORDINANCE NO. 15110: ',UTt+ORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF tirAlfH FOR THE CITY -COUNTY HEALTH DEPARTMENT TO PROVIDE A PROGRAM OF NUTRITION '.-OUN.3ELING AND FOOD VOUCHERS TO ELIGIBLE WOMEN, INFANTS, AND CHILDREN FOR THE PERIOD 6r_CINNING OCTOBER 1, 1979 AND ENDING SEPTEMBER 30, 1980, ALL AS MORE FULLY SET FORTH I:4 THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", NC MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". RESOLUTION NO. 15111: AF'FNOVING THE FORM OF HOUSING IMPROVEMENT C free charter Rule was vote. Jones, Sample, OROiOANCE NO. 15112: THE RESTATED ARTICLES OF INCORPORATION OF THE CORPUS CHRISTI ORPORATION; AND DECLARING AN EMERGENCY. suspended and the foregoing ordinance passed by the following Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE PURCHASE AGREEMENT WITH "GAF -TEXAS GOVERNMENT AND INDUSTRIAL FINANCE, INC., OF DALLAS, TEXAS FOR TWO DISC URJtES, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED LXHIBIT "A"; AND DECLARING AN EMERGENCY. e Charter Rule was suspended and the foregoing ordinance passed by the following e: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". to P.,w,lar Council Meeting :.7,tember 12, 1979 N NCE NO. 15113: r1D1NG THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 28TH OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE +,»MANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY • 'oACNOED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SAMMY KINS BY r.F',4TiNG A SPECIAL COUNCIL PERMIT FOR A WHATABURGER RESTAURANT ON LOTS 8, 10, 12 )R]1011 OF LOT 6 AND ONE-HALF OF CLOSED ALLEY, BLOCK 75, BROOKLYN ADDITION, Y!,,,ATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY ;r RI°%) ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART d,'-rOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; ':!EALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. '1 n: Charter Rule was suspended and the foregoing ordinance passed by the following • Jones, Sample, Diaz, Dunphy, Turner and Zarsky voting "Aye"; Best, "absent". iNANCE NO. 15114: 1)r'1ZING THE CITY MANAGER TO ACCEPT A GRANT OFFER AND TO EXECUTE A PLANNING GRANT R'_EMENT AND RELATED CONTRACT DOCUMENTS WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL ,Lr ION ADMINISTRATION, FOR THE PREPARATION OF A MASTER PLAN STUDY FOR CORPUS CHRISTI ',HF.RNATIONAL AIRPORT IN THE AMOUNT OF $60,000, ALL AS MORE FULLY SET FORTH IN THE dl AGREEMENT, CONTRACT NO. DOT -FA -79 -SW -8990, PROJECT NO. A-48-0051-01, IN SUBSTAN- •'LLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND tt.l_ARING AN EMERGENCY. r.. Lrarter Rule was suspended and the foregoing ordinance passed by the following e: Jones, Sample, Diaz, Dunphy, Turner and Zarsky voting "Aye"; Best, "absent". '•PDINANCE NO. 15115: ,',fNDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY • AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE ",NL RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FITZPATRICK DRILLING COMPANY iY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 12.0+ ACRE TRACT OF LAND OUT OF LOT 3, SECTION 7, BOHEMIAN COLONY LANDS, SITUATED IN THt CITY OF CORPUS CHRIST!, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "1-2" LIGHT tNDUSTRIAL 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, Diaz, Dunphy, Turner and Zarsky voting "Aye"; Best, "absent". ORDINANCE NO. 15116: 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 JOSEPH P. WENDT, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 12 AND 13, SECTION 38, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "R -E" RESIDENTIAL ESTATE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Me Charter Rule was suspended and the foregoing ordinance passed by the following - :te: Jones, Sample, Diaz, Dumphy, Turner and Zarsky voting "Aye"; Best, "absent". plinutes Regular Council Meeting September 12, 1979 age 32 Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. There was no response. There being no further business to come before the Council, on motion by Sample, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 8:38 p.m., September 12, 1979. •