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HomeMy WebLinkAboutMinutes City Council - 12/05/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS Amok* comm. MEETING - DECEMBER 5, 1919 krrr • ,AtmOor Lo.thei- * Mayor P. TOO.Edwor4 L. Saapl gouncilMeabersz $4.14 Dia; Ja0c-K-OnriphY Batty N Turner **Cliff Zarsky . . City Manager R. Marvin, Townsend City Attorney J. Bruce Aycock City Secretary Mayor Luther Jones called the meeting to order in the Council Chambers of City,Nall. The invocation was given by the Reverend John Miner of flew Testament Christian Church. City Secretary Bill G. Read called the roll of required Charter Officers' end ver&fI that tencesiery quorum was lirsnt to conduct a legalTy eeting. ' Mayor Jones announced that the following proclamations had been issued: - , - An 'EPILEPSY:AWARENESS MONTH' - December, 1979; "CIVIL AIR PATROL WEEK" - December • - 1979; "PEARL.MARBOR SURVIVORS' DAY" - December 7, 1979. - MotacmLby Diax that Mayor Pro Tem Edward L. Sample and CouncilMember Cliff am -ember, 7, 1975, and the Special Council Meetings of MoveMber 7, T979 ' .1979 be approved as presented seconded by Diaz; and passed 1 fr Meeting c.ibsr 5. 979 iaZ 'tioarblAkstthat the following appointments be confirmed, seconded by - - and:passed unantmausly: Term to Expire- ." MAy_ VaRt _ May, 1980 - ccevflssIoII L0464-,Ceephel1-_ Mt.:Ai:eon it; Carrion • Laura Rodriguez (reappointment • Jeistc# Bell Ms. Bose L. Garza (reappointment) Mrs. HermininChavana (reappointment) - lie.Marmin-C: Delaney COMMUNITY ACTION AGENCY Thefollowing appointments were reconfirmed: CitY's APpolntments Mayor Luther Jones Mayor Fro Tem Edward Sample Council Member Jack Best Council Member David Diaz Council Member Jack K. Dunphy Council Member Betty M. Turner /1/20/81 11/20/81 11/20/81 11/20/81 11/20/81 11/20/81 11/20/81 11/20/80 Represented by: Archie N. Walker Rudy Gonzalez Ernest Briones Tom Utter Tom Basile Yolette Garcia (CC1SD Rep.) * * * * * e * * * * * * * * * * City Manager R. Marvin Townsend suggested that the recessed public hearing on the following matter be considered at this time: T 14----ItEcEstfirFutileiVApThifi Consideration of the following actions regarding the WboIdridge-Staples Drainage ,Pliffall_nerklon. of .the Dralnege Master Plan: '(a) The original master plan be readopted showing the recommended changes suggested by the Engineering staff as they pertain to plats 25, 26, 28 and 29, (b) The right-of-way width for a portion of the Mary Carroll ditch and all of the Outfali ditch be modified as indicated on the aianS-inclUdIng-- •alternate widths when.* street Is designed to be parallel to the_ditch. - -lhe public hearing on this matter was recessed until today on NOvemiler lit, 1979. cipy.11anager Townsend reminded the Council that this hearing was recessed *Hwiww.t.Ts.7.a.0,1a;At7p;;;57 r Itt±tt affected by the drainage pian tO eukeig-cCroments pertaining to this subject. Mr. Townsend Informed theCouncIf _that letters fppm Interastertaartias had A01 beta received until Friday, December 7 andMo ndafi osicaebs77.10-, aod eahsegs.eatly, the staff has not had an opirtonit,rt-t.. Al siV.*14- - -- ..•=•:=7.' .{ Minutes *War iii Heet419 Dsc.!.ber 5, 1979 3 • 'reviewer discuss the information provided by the affected parties. He suggested that the, hearing be recessed for one week in order for the staff to.meet with the__.__,._ parties affected by the pn prssed changes to the Drainage Master Pian, noting that _; this sleeting is scheduled for Thursday, December 6. Motion by Best that the public hearing on the Wooldridge -Staples Drainage ' - Outf-eTi portion of the Drainage Master Plan be further recessed until December 12, 1979; seconded by Diaz; and passed unanimously. ivrr - Presentation of the National Safety Council's "outstanding Training Achievement Award" for 1978 in recognition of the best National government in the field of Defensive Driver Training. h a year, nce by a unit atef ly €tical ' y approximately hat City employees have received this training. !t is the second consecutive year that the City has been awarded this honor. -1fr. Charles Speed, Director of Personnel, introduced Hr. Ron Jones, Safety Director, and complimented lir. Jones -on his performance in the n Driver Training. lir. Jones then presented the National Safety Council's award to Mayor Jones as the City's representative. Mayor Jones thenresente.. 3D -ear p y pins to the following employees: EMPLOYEES DEPARTMENT lir. Richard Cook Police Patrolman Fire - Pire--Capta zF Also scheduled to receive a 30 -year pin but unable to attend was Mr.. Ross 13arrera, 'Who' is a Tftil lties Serviceman in the Department of Public Ott! sties. Mayor Jones announced the scheduled bid opening on the following Engineer- w in^g projec • Contract 3 of the Oso Wastewater System Improvements. The project includes cons-.._ . truction of a major gravity transmission system from Wooldridge near Airline to - Saratoga Boulevard, a force main along Saratoga to the Country Club lift station - and a lift station on Staples south of Saratoga. The project:is the last of -three' j r tj u -t so _� rodnewer $z_.,s.m��ion- Eapac -t t-5- 'Oe alta am[aa-r rr a'C' a- from -off fi de to Eveiiraft. Ji Fe$erat grant for a portion of 'this project has I ween re-.elved from .t -- — _��aiulr-.^�fa&T-PiaEer-�acr, Agency:;- -'-,._ _.._ . ... ..... Mr, James K. Lontos, Director 'of Engineering And Physi l {leyelgpdnent opened and read bids from the fallowing firms: lieldenfe€s Brothers, S4. T. Young ;Owe r _ _, ir i`�� �;�-`arra, Belo .i+aFm, inc. , [fOUSi0t1, TeScaS. Fir, y!4 t the _required; bid -security.-bonds had ,been submittedwith. arl i 'H mit i b ddtrlb:_flenis.:_i .N acknowledgedi--receipt-of the addenda. l yor .i s staiter Cilat . the rergrElremwemits.;,of the-C-itycira-rlel", * * * * * * * * * * * * * * * * City Manager Townsend announced the scheduled public hearing on the request of Central Power and Light Company for an electricity rate increase. The Pub) ipc Utility Regulatory Act requires that a bear in-g-tre'heid'iiith16-40,day. of the November 5 1979 date when the increase would have beer. effective had the Council not suspended the requested increase to al lav time to determine the appro- priateness of the rates. Participating cities in the CPEL service area have engaged the consulting firm of =__Thu J-Ross_.and Cemearty to analyze the request. Their recommendations were received t$oveuiber-30th. The Public Utility CaouinissTini Stour -torn uts €,'1 ;,e-€bled•,Desember 4.._:_:,_.-.-. with the Commission In the separate Ulf related hearing regarding rural rates. 1t is recommended that -the public hearing be recessed until January 3,-19.8.4_so_that both CPL and the City may review the consultant and Public Utility Commission staff findings and recommendations before the City's public hearing. **Council Member Zarsky arrived at the meeting at 2:25 p.m. _No one indicated a desire to speak in regard to this matter. Notion by Diaz that this -public hearing be recessed until January 9, 1960;- .secondedw4teat;. ap_d_.Sassed._unanlmgusly- *********** City Manager Townsend announced the public hearing on Performance under the Community Development Black Grant. Re presented to the Council a -,copy -of the -rt tus.,__ Report of the program as prepared by Mr. Tom Utter. Director of housing and Community tr Tr. send egnlatnedthat the purpose of this hearing Is to review the status of the program which commenced in 1975-1976 and reminded the Council that several hearings have been conducted prior to grant application submissions tie# the-rrersiri4 a :tib So-tY n;,id.. he. then. ?ske-d Mr o- Utter _ to_ - `•.: further _• far ti a._ . th- projects,: that were_ included. in the 1st and 2nd year programs, all of which have been completed. He their explained that soft �� r,_; _Fwd."a'a l: Ir<i near program_are-still ender - way_ and .reviewed Mi hetet Reviler Council 1eeting December 5, 1979 page .5 he- pregress: of .thaw. projects. •`Cienc t"14eeber Zarsky inquired about the status of Item i0 of the 1977-1978 urRwfrich pertained to'the removal of architectural barriers to the elderly and ,'AUfndigap eit;n: the downtown area. Mr'. Utter explained that that particular project was intended to be combined e with one of the downtown drainage projects, but this project has been delayed. He stated thet $35,000 Is available for the removal of architectural barriers, and this amount will be added to the $200,000 allocated for the drainage project in the down- - e City Manager T-ensend further noted that the $35.000 will be used for the installation of ramps and the Chaparral -Mesquite Streets area will have priority. He indicated that th?s project will probably be scheduled for June, 1980. *Mayor Pro Tem Edward 1.. Sample arrived at the meeting at 2:38 p.m. Hr. Utter then reviewed the status of the projects as listed in the 1978-1975 4th year program and explained the projected starting dates of the projects included in the 1979-1980 5th year program. Council Member Zarsky incuired about te- project listed as item 5 of the 5th year program, which pertains to the Airport Ditch lining and asked why the decision was wade to line the ditch with concrete. City Manager Townsend replied that the previous Council made that decision but assured the Council Members that this Council could change the priorities if they desired. In reply to Mr. Zarsky's question, Mr. Utter explained the limits of the Airport Ditch and stated that a maintenance problem exists because of the concrete retardants that cause water to stand in this drainage ditch. City Manager Townsend further explained that this particular ditch is a p abiessa beta sa of its close proximity to the street pavement; there are several locations in the dltth where the water stands as much as b inches in the bottom, aniethis di th-has a major impact on the abutting neighbors. Me. Townecod pointed eet that the p ejected Batas for completion of many of the projects included in the 5th year program are not very realistic. but Mr. Utter 2 Al. 1 t <tle' City is in no danger of, losing any funds' because of ?awe ofthese-projects. Counciil`M tir lett Inquired aboutthe source of the projects tb-•be included l . "-Block Grant programs. Mr utter replied that public hearings are conducted in various neighbor to='deteroiiee their concerns; public hearings are then conducted by the Planning-Caiwission; and many of the projects are staff initiated, City Winegar hsnnsend suggested that if the Council Members have any parti- cuiar projects that they feel should hays prearl:t , that thz st,pf b r.n-wio warr of these -prior to March, 198:, so that they can be included in the program that willbe adopted in_June of 1980. .' Council Member Turner suggested that this subject be discussed during a workshop -;meeting next week. Mayor Jones inquired if it would be possible to have this as a discussion. Ltiiinas-soon as next week, and City Manager Townsend expressed the opinion that the Counc-lscould-certainly'make recommendations as early as next week. He noted that the City is required to submit a tree -year plan ..ith each Community Development application -and Agreed that this matter could be considered next week. Mayor.Janes called for comments from the audience in regard to the Com mul_sity `Development :Block Grant Program. Mrs. Elene Ortiz -of the $lueces County Community Action Agency inquired: about= the improvements to Los Encinos Park which were supposed to sur in the Costae hity-Developeent-'Block Grant .program. - Ci.ty=Manager`_-Townsend stated that these improvements were..included-in the bo�sd program;, thebos:d'.program authorized funds for acquisition:of land; there are:;;:, still sone=funds for'ffevelopi ent of the park; and reminded Miry .Ortiz that tails -c:: -by the Y uth C.41c-tr_etin,+ C rbc :?':a rant e.< -r Mir 1� informed _MIr3 llit}y° also that this project- was Included in the i is't 'for ye#r Pro10103ki- Fut s:.=Nneld be -1980-198.1: 14yor` Jones .'askud,Hrs. -Ortiz just what improvements the people in that aim de re, for Los Er-4Inos Park. Mrs. Ortiz stated that previously cars were driven all over the park; dirt ..was placed at the entrance to the park which prevented this; but she feels that the -dirt should be used to fill is the park, even though it was objectionable when the ejes were driven all through the park. Meyer _eeee cuaaested that a staff report be provided an the status of the improvements to the park. Mr. Utter reiterated that this project was in the 6th year plan because the City is required to submit a three-year plan following the various public hearings at the time the appitcation i5 a.n.;«c c..ch veer_ Mayor Jones informed the Counc:1 that he has visited Los Encinos Park and had discovered that this park has such more equipment than many other parks, par- ticularly the park nn Congressional and St. Andrews Park. Mayor Jones contended that a great deal of progress has occurred in the development of Los Encinos Park. Council Member Diaz suggested to Mrs. Ortiz that she provide the City staff with.a list of the improvements that the area residents would like to have in Los Encinos Park. Mo one else spoke in rega.e to this mater. Motion by Best that the hearing be closed, seconded by Turner and passed unanimously. Mayor Jones announced the public hearing scheduled for 3:00 p.m. on the following matter: Preliminary assessment roll for Improvements to South Port Avenue from Agnes to Buford Streets. The roll consists of 25 items and totals $35.952.32. The project is being constructed by.the State Department of Highways and Pubii4 Transportation at a cost of 3195,515.02. City Manager Townsend explained that the nature of this hearing is to consider the preliminary assessments on the street improvement project fnr Stith Port Avenue from Agnes to Buford Streets. He reminded the Council that this project had been discussed oe several occasions during previous Council Meetings because of the necessity for eliminating the head -in parking on this pottioe a t4::, street. Me Informed the Council that the purpose of the public hearing Is to determine whether or not the abutting property owners' nre,:erty ::: `- ti '^.s^,°d at to the 1 Motives Regular Council Meeting December 5. 1979 Page 8 assessments- Mr. Townsend then requested that Mr. Gerald Smith, Chief Eng;neer,Vepartment-f Eagleeering and Physical Development, explain the scope of the project_ Chief Engineer Smith displayed a map showing the limits Of ViverikmlAyenu-s- _ -pfoject and- explained that this was included in the 1977 Bond Program; it is being constructed with the State Department of Highways and Public Transportation this is the last portion of three projects for improvements to Port-Aventreq-the --4.:_ttA_advectised and received bids on the project; and the low bidder was Heldenfels Brothers, Inc. - -Kr_SmIth then displayed a design drawing of the proposed improvements and explained that head -in parking will be eliminated but that parallel parking will be irschale&i.u-the._atoiect. Mr. Smith continued his presentation by stating that the assessment roll includes 52 items but there are only 26 property owners that are being assessed for some amount; the assessment roll was prepared in accordance with the City's ordinance pertaining to assessments; the total bid cost for Port Avenue improve- ts iS $195,515.02; the City's cost will be $69,653.50; and the total preliminary assessments are $35,287.78. He also informed the CounCit thatTnctuded-fTrIbis--- • . , • • •• '-totai. project are the Morgan Avenue, Port to S.M. 286, overlay; and the South Staples, Carroll Eine to Annapolis Drive-, overlay, for a total project cost of City Manager Townsend questioned Mr. Smith and ascertained .that he is a • qualified professional engineer, registered in the State -a -Texas, that- ile-ha5= S-initr.ppayaleptulan f the assess- -r.... -i--;lair,-.„Au.-io ben employed ley the Cityfjerpus Christi for 2127ars and that he Is thoroughly familiar with the project under discussion. -------tbi.sequestera that** events, -.T.----,-:--:.-F..._.--......---. -- --I-- - 4aNnthl y instailMentS-bv6e--0e3,50T i:v. 5-7-,..4--w„ ,-_,-=_._.-.:,-14- --•:EIL-7(w106-f%--r-fA----- -..--- - - L -- • longer period of time; the interest rate would be ' 54Z',- aftd thA at no -payment euld be •Oue... • -..-, ,. . Chief Engineer STaith stated that the property owners may pa' in cash or in .• - ••• ......_ , _ -----" unill'Ine"-were on -the projezt is c.7vepieted. ae f...sa informed the -Council that the „. 1 •1 propiirtlinirS rf be credited for existing curbs, gutters and sidewalks and that - . ' there is no, assestment for asphalt. _Coyacil.11004er Turner asked Mr. Smith if the property owners afcected by -:-theassessments.had been informed of the fact that they would be assessed for this Mr. Smith assured her that all property owners were informed of the mount of their assessments and that a- pUbiic nearing on the eatter-wculdbe_corm. ----------- ducted today. - _ City Manager Townsend also stated that the proper legal notice had bee . _ published three times in the Corpus Christi Caller -Times. ...Mayor Jones inquired as to whether or not property owners usually pay the assessments for street improvements levied against their property. City Manager Townsend replied that he felt that payments were made but hewould have to proWde the Connell Siith a report-orrthe payment of assessments: City Attorney J. Bruce Aycock determined, through questioning of Mr. Smith, that cost estimates were prepared prior to this hearing and before..construction •Apdas-started: Al • City Attorney Aycock cal led as his next witnesa, Mr. W. J. "Bill" holly,- •.• ,_and after, quest loniag, determined that he is a licenSed real eStafeFokeriA - - the 'State Of Texas- that he has been in the real estate business for 25 years; and -that he is_experienced_as a real estate appraiser. Mr. Holly verified that - - ,..,,hi_had:examinedeach and every piece of property included in this prOjeCt'; and - - • . _ . ttt in his opimion, all of them would be enhanced at ieast in the amount of' . -7-the assessieen-4e4tait Jr. Molly testified that 4:eluded-in ti.. assessment eoll only odd -shaped,. or triangular; lot, but since this property is zoned , -And iS being -fully Utilizedhe a60,:mot recommendany adjust- . ore t "audience weuke -in---relpied--t-cLehls.parteeL ________ -..1.10ldo,bY: Diaz that the heating be closed, seconded tet--Turfier and passed •••• - • - - „ . • - • . _ il1iV69er---1ownsend orffliwarrtec.-1 -tha -qf fitly Opsigs 1 t kin to thp ''pha Era nary asseS----$ catsa—fim-t-Tfie the _ aSses,sents had ob 4ously performed an excellent job in explaining the pro- assess ents to ithe Fi'aperty owners involved. City Secretary Beadsuggested that the --ordinance pertaining to the street improvements in the Broadmoor Park Area be considered by the Council at this time. City Manager Townsend briefly explained the ordinance and stated that there is a need to approve this ordinance at this time to provide an opportunity _for notice to-be.filed in the Office of the Nueces County Clerk. City Secretary Read polled the Council for their votes, and the following ORDINANCE NO. 152116: DETERMINING THE NECESSITY FOR ANIS ORDERING THE IMPROVEMENT OF THE FOLLOWING SIR LN THE CITY OF CORPUS CMRISTI, NUECES COUNTY, TEXAS: BROADNOOR PARK AREA:' l �I:iagara, Sacha„ and Cleo Streets, trom gaidwin Boulevard to Soatlr-Port A,enue Sonora Street, from Sarita Street to David Street,' McDaniel Street, from Sarita Street to David Street, -4, Shely Street, from Niagara 5*reet to David :-.;.reet. REQUI-RI:NG-THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE - ",1'L NS`»11D SPECTFitATt0 5- 1EWfRiNG•THE CITY SECRETARY -TO FILE A NOTICE -01. THE -OFFICE--- OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN.; PROVIDING HOW SUCH IMPROVEMENTS SHALL 8E PAO; AND DECLARING AN EMERGENCY. ., The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones. Sample, Bes.t,,.D.iaz.,__Dymphy, Turner and Zarsky voting "Aye". _. .Mayor_Jones,called for the City Manager's Reports. City Manager Townsend - ..- presented the following items with related comments and explenati ns_and recommended that,; a_t,,A ,public, hearing be held on December 12, 1919 on the request of Pendaris _.. _rc, ,”.tln,ra amend the Master Transportat€on Plan so that F.N. 1889 will not extend through the subd.iYlsiorr. _;Ihfl - lac-nebi t:. sr 19,. 1975 on the tlosinsl_ of a portion of S.oOwgoose Road (Lots II, 12, 21. and 22, Section 5, flour Bluff and Encinal Tracts._ The final plat of Club Estates Unit 4 was approved i .Px a is ins subj :annex tlna whtcie base :tr 91.faFed>. ------- . and closure and rerouting of a portion of Snor+yoose Road, The sdld-ivisiots`is located south of Saratoga and east of Everhart. r ,_;J.auhlie pearl s- id .:2_1]¢ D.m., during the Regular Council Meeting on December 1%, 1973 to elnse the d&kdend gorf1nn Of John Ttreet fi''om right-of-aray-iin.e of Port Avenue to the west right-of-way tine of the railroad at the request of the abutting property owner. • Minutes Regular Council Meeting December 5, 1979 Page 11 f.°.z d_ Bids be received et 11:00 A.M., Thursday, December 27, 1979 on four 3" and one - 2" portable water raw . Four are replacements for the Water and Ifaste+sit--; nivi5trn_c__ The_ -f frh is an additional pump for the Sanitation Division for the liestside Landfill to avoid the delays caused by transferring a pump from the Elliott Landfill when one is needed. e. A one year's supply of tires and tubes be purchased from the folic -wing firms on the basis of low bid: --- g, F. -G .CWtOMPAir fnrpns Christi Lot 1 (3 items) Police Pursuit Special Fabric Radial Tires Lot 11 (36 items) Passenger & Light Commercial Tires & Tubes $ 3,724.80 47,306.92 $51,031.72 GENERAL TIRES SERVICE, Corpus Christi Lot 111 (16 items) Truck & Trailer Tires & Tubes $96,623.45 GOODYEAR SERVICE STORES, Corpus Christi Lot IV (18 items) Farm Lot -V- -(7- items)_.Eieavy & lnudstrial Tires & Tubes Equipment &Off -Road Tires & Tubes GRAND TOTAL $ 6,070.52 7,142.20 $160,1367.89 Price carpal-1son shows an increase of 28.6%. Bids were received from 3 firms. Plans and specificatior.s for reroofing the Boys' Club building be approved, and bids be received on January 2, 1980. This project involves repair of the roof over thegym-lash's; and, on the remainder, removal of all gravel, and reapplication of hot steep asphalt, new insulation and 3 -ply gravel roof. It is a 5th Year Er�-asue�st�-ilexe�innt,pro iect, g. Pians ano `spm rfircat-,on; for merest -Addition Street Improvements, Phase A & B;`Te " be approved and bids be received on January 9, 1980. The project is a 1977 Bond project supplemented with 5th Year Community Development funds, and Includes approximately five miles of street reconstruction on the following streets: Francis - trosstoiin to -Snort Fort; —Dianna-ft trnsrtg Soot: Rast_._.. 5egrest Crosstown to South Port; _. rro5stown ro icor an; lieinley. - Crosstown to !!organ; Y_ ll3agara itaid+tin to 19th; Cleo - Baldwin to Horgan, Crews - -Eating "to 14srgan The project is ttividea`into phases to encourage more contrae.tor participation. nils era: sides alks, driverrayt pavement and u . - City 11anag e.r-iCwnserddisplayed a iiia s ing_the variaus--str 3..in - tlicis prtij ct • nit-'ra*tai.ped. here- 407-a nu r of unopened bet dedicated a3leyv-. in the area. He stated that as a part of tine pua3ic hearings on the assessments, the staff will recomle.nd that the alleys also he Closed- - Mr. TrnJnsaald informed the Council that this is a very ;large project; therefore, it is recomPlidud that bids 1 Irtt teS alar Council Meeting Ii '9 . -been_ tneduted for`3:3i1.e3."and suggested p that the Council consider .hehe foregoing Gt----- -- Y Ma nager's 1CepQr s, Reiss "a" thru "g'.', at this time and the remainder of the reports would be presented following the public hearings. Mayor Jones ascertained that no one in the audience wished to speak in regard to these items_ Motion by Sample that the City Manager's Reports, Items "a" thru "g", be accepted; seconded by /Jai; and passed unanimously_ Thaw A and 0 and the staff also recommends that the width of the to be elosed^be retained as an easement for utilities. C,ity:Manager Townsend noted that public hearings on zoning applications hae * * .. * .. * .. * .. * .. * .. * * City Manager Townsend announced the public hearing on Application No. 1079-12, Harbor Village, for change of zoning from "A-1" Apartment House District and "8-4 General Business District to "R-10" One -Family Dwelling District on a 29.406 acre ct of_land! out _Loxs 1 and :2; Section 3Q, ams_ Lots 2 and 3, Sectioii.31-F:iour _ uff and Encina) farm and Carden Tracts, located approximately 450 feet north of irh°Padre Island Drive, south cf Cayo Del Oso. 11 City Manager'iownsend informed the Plan frig'Staff recomMend approval pubdiG=lieB�i`riFq,'tbo in favtr and none Council that both the Planning Commission and that in response to the notices of in opposition hadbeen returned. lie :1ren allied I{r a �Y Wenger 6tetdf�6; .p r. td summarize the case,. ti►fef Plannerlrenger located the area on the zoning and land use map, deserrbed, the land use TA the surrounding area,'showed s}ides of the area, and stated that the =nuttier plans the development of residential subdivision on this ane Spoke in regard to this toning case. mer that the. hearing be closed, seconded by Diaz; and passed onion by,thoophy that the Council concur with the recommendation of the --- ?d*Olwea€ss�n anti. the Planning Staff and that Application Na.-i0J9-i2 be approve--gcepn lid Y Tiiii r , and passed unanimously. • Minutes Ragglar Council Meeting December 5. 1979 Oage 13 C ty Manage.' Townsend announced the public hearing on Application No. 1079-1 Mr. J. R. dobeialc, for a change of zoning from "R^15" One -family Dwelling District to "A-2" Apartment House District on Tract A and to "8-4" general Business District on Tract B- Tract A consists of the north 356.5a -feet oftot j tir_e 14 Fal -1-1-n' Riverside Subdivision, and the remaining north 2.0 acres of Lot 5, Fallin's Riverside Subdivision- The two tracts are located at the northeast corner of Cailicoate Road and f.H. 37. Mr_ Townsend noted that both the Planning Commission and the Planning Staff ete;a1 of "A-2" on Tract A and in lieu thereof, approval of "R-2", and approval of "B-4" on Tract B. He informed the Council that in response to the notices of the public hearing, nne in favor and nine in opposition had been returned. Mr. Townsend also stated that a letter had been received from Mr. Clyde C. Teague, Superintendent of the Calallen independent School,District, expressing - thatnts,ty..'s.appoSFtion to the requested zoning change. City Manager Townsend • further informed the Council that a petition with a large number 'of signatures-- had been received expressing opposition to the zoning change, noting that,theoppo titian expressed- is sufficient to invoke the 20% rule which,wou1d require six votes of the.Council in order to change the zoning on this particular property. Chief Planner Wenger located the area on the zoning and land use map, des- - . crt6ed thc_ le_lli and' use rtn titie surt'ound'rng area,• and s-�eT`11=Uds-afthCarea w. ---f Wenger explained that the owner has requested the zoning change in. order.. to sell the property to the W. 5. Hopkins Company, which plans -to -develop the-property-Ito..:. the highest use, wixh possibly a restaurant, theatre, luxury apartcents or• ti1nse Council -Hember Turner asked for -an explanation -Of the -stafr rer.omnwendation•' Mr. Wenger explained that since this"tratt of.land Fs at the int .two major roads, the staff --eels that "R-2" zoning adjacent to "R�18'F ptoperty would be more appropriate than "A-2" zoning. Mayor doves—called fiat co sty fT 1T Mr_ Charles Cartioriglzt„ 1Cttdrri y reprasan r .f.sued; €0 n$ _ete -.— ptgSpectlye purchaser plans to develop businesses on tine'fr'ant Trett"1# and'apal- - ments on the back Tract A. Mr. Cartwright displayed en aerial photograph of the a sea:ai+d sated that this entire area Is rapidly being developed for residential use. tie expressed the Walton that there is a need for businesses to serve the residents and-Ontnrett-out that the ii:E. ;Butt firmer/ Coo any is building a large supermarket at the intersection of violet Road and Callicoate Road. Hr. Cartwright pointed out that the access road provides good possibilities for traffic flaw; there are no apartments in this general vicinity; and the Apartment Association has indicated that there is a great demand for apartments in this area. He also questioned the staff recommendation that a buffer zone is needed between the business -wining and the nearby residences. Hr. Cartwright also noted that utilities to these tracts would have to be from Up River Road, which would be very expensive. City Manager Townsend inquired of Mr. Cartwright if he was implying that single-family residences could not be built on these tracts because of the expense of providing utilities. Mr. Cartwright replied that he did not feel that it would be practical to City Manager Townsend stated that the land could be developed with utilities` for single-family residences as well as for multi -family dwellings or apartments. Mayor Jones called for comments from the audience on this zoning case. - Hr. Bi?1 Brunson, Realtor, stated that he is favor of this zoning change because he - feels that the area should be developed and there is a need for businesses .to serve the 'existing residents. Mr Stanigy Marshall, Jr., stated that he is the owner of the tract of land q-9.17.-: s..- that __he RtirCito3 -0-15 infix'i`i "the Lrn`eciiwr 0460.4 and. he is,"therefore, opposed.to any zoning -in the area other. than e7itilgfe-faaily dwellings: -Mt.- Marshall -'al -so expressed the opFnton that the frees --- .. f access road is inadequate for ingress and egress to a shopping center or other ss riesses "A o d iieF ng Fn oppCsitlon to the --requested Toning eras "hrs. 'ucille .Skaggs,: l a##ecoate Rod, who stated that she and ber iisb.nd purchased Wilkgr rc`- [fit- _ __.- . _ . tr404t0g horses; and she pointed out that approximately 95t of the property owners w. -,..10nUtat,z , mec iloO. . , W4thits the area of -notification have signed a petition expressing oppoattion to the -4,ectueffistAd_. chartne,atzorting- Mrs, Skaggs informed the Council that many landowners - in the area are in the process of developing large, estate -type of homes and that' 0, a • • - most of the people in the area desire a rural type of living rather rnan-aparumei and businesses. Mr. Gilbert 1. Raymond, 4616 Callicoate Road, stated that he lives adjacent to the property referfed to-as-Tragt A, aod that he opposed then "R-18." _ Another citizen expressing opposition to the zoning request was • •..•• _ . Cunningham, 1210i Up River Road,. Jr. Cunningham referred to a statement and a peti- tion that had been filed in the Office of the City Secretary signed by 187 property owners in the general vicinity of this property expressing opposition to the change of zoning._ Mr. Cunningham stated that he is speaking on behalf of the property —owners who signed the petition and urged that the zoning request not be epproved Mr. James T. Persons, Jr., 12045 Up River Road, who resides adjacent to the subject property, also expressed opposition to the change of zoning because -the' residents of the area desire to retain the single-family zoning classification. -trt arty zoning other Also speaking in opposition to the change of zoning were Mrs. Caries' Cunningham, 12101 Up River Road, and Mr. Loyd Cunningham, 549 Wagonaheel, who Stated -that he plans to construct a residence on the property which he owns ,••_ • the area. An a-tornev representing Hr. Jimmy Adair, of the Cuddihy Corporation, who owns nine acres in the vicinity of the tract of land, expressed Mr. Adair's oppo- itz.,. torhP martina chanae, because he felt that the planned construction would greatly decrease the value of the homes in the -area. Also speaking in opposition to the change of zoning was Mr. Nat Seaga, Vice President of the Calallen School District Ooard. Mr, Seago expressed the appre- •that C0051fuCtiOP Of apartments would create a sudden Increase in school enrollment, and the svhool district -iculd.be unable to handle additional students. " r,rojerdIscir*-i+on_4041.0wAnetweois Hr Seeoo and menbera Of -the Countil-In -7- fRellek • I*# COuncif ilift0 54 1. '••t4 Mr -Cartwright noted that a number of people present had expressed opposltioe. ee tc the zoning request ind'intnreetl the Council that several citizens who were present were in favor of the change. He then requested those who were in favor of the zoning- " cue ts-so a ra_i-G- ace, anti aeeee %mow eW zt ed tGe?rresc AnreAMellt with the requested change. Mayor Jones called an Mr. Ben Donnell of the Planning Commission for his --comments':' Mr. Donnell stated that he did not feel that the Planning Commission would object to the rezoning of "B-4" for Tract hl, but everyone is 'opposed- te•ap temerrt;...-,."" zoning on Tract A, noting that the Commission felt that "R-2" zoning would be .appropriate for this tract. Council Member Turner asked Mr. Wenger why the staff recommends "B-4" en Tract B. -. .:.-..:..- .-.:.'.,...:•..: .- .. ..... rir. hengetreplied that the only mss-: the toff recommends �frc - . , .. this tract is because it is located at a major intersection, and nearly every - tract of land in the entire City has business zoning in such locations. City Manager Townsend reminded the Council that this is a well maintained, high-quality residential area, even thoughit is adjacent to the expressway. Mr. lee Skaggs, 4600 Callicoate Road, stated that ha did not feel that any :,pee perty_nweers.north of the freeway are in favor of the change of zoning. Mrs. Lucille Skaggs, 4600 Callicoate Road, referred to the comment to the effect_ that. --the people residing in the area are not opposed to the business zoning on Tract B and assured the Council that they are very much opposed to eny change of zoning.- -----leewe--cese epeee La reTard_to this zoning application. Motion by Diaz that the hearing be closed, -seconded by Zarsky and passed ,unanimously. lAnrinn by_Be eterhat _the. requested Change of zoning. be denied on Application but'in lieu thereof, the zoning, of "B-3" be approved on Tract B and . the. zonine.ef i4-t"_he pprvved en Tract A. The eotivn died for la --k of a seceede .?tibeee iLaz--€lat-tee eonine of uR-2" be approved for Tract A and the zoning of "lel" be approved for Tract B. The motion was seconded by Zarsky. s x!4 filar Coumf!4.147et..,1"/ Mr. Cartwright informed the Council that his client's present pians could -not be implemented with,"it,2" zoning on Tract A, but the zoning of "5-3" would be _ . . . quite satisfactory for Tract B. Council Member Turner inquired if all of the zoning in the surrounding area is "R -1B", and Mr. Wenger rep/led that ail of the land from the intersection of Up River Road and Cailicoate Road to Leopard Street is zoned "R -IB." mayer-johes called fee the vote on the motion, and it passed by the following Jones, Sample, Diaz. Dunphy and Zarsky voting "Aye"; Best and Turner voting _ VOte': City Manager Townsend pointed out to the Council that even though the minion granting such changes of zoning has passed„ passage of the ordinance granting such zoning will require six affirmative votes since the 20% rule is in effect. * * * * * * * * * * * * "Heyor--abries tatted for the remainder of the City Manager's RepOrtS.: City -- Manager Townsend presented the following items with related comments and expTana- tions and recommended that: h.. The following action be taken regarding 10.399 acres of surplus city property, south of Alameda and wet of Parade Drive; fl) The Preliminary and final plat of Parade Place Unit 11 be submitted to the Planning Commission. The-subdion •plans be submitted to the Department of Mousing'and-Urbare-- Development and the Veterans Administration for certification. (3) Plans for construction of streets, drainage, sanitary sewer and water lines be anDrOvedrand bids be receivedon January 9, 19BD. (4) Deed restrictions be filed to limit the development to single family and provide for minimum improvement standards. (5) Appraisals and purchase negotiatto4s be authorized for asmall portion of aghT-Of-way from Lot T, Block Z,PradePiacc Unit I needed for extending Dreely Drive to Poenisch Drive. 1. The following actions be taken for the H.E,B. Park Tennis Center Expansion Wit under construction: A . - ,_1-3.%.,- r+-......-...-- ok•-4.... . .i."--- 1:- ...-r $5J9 34- --.4.-4.---r7,;--.1t za prwl.--4z--teelt.,-onti:-.- _ _ sidewalk and concrete•driVeways on Fig Street from. Tarlton to Shelly Streets ._. to improve :che pv4blic right-of-way a; the border of M.E.B. Park iinti,pr9ylcie .. :..-..-?......:'''..t".:e. : -'--T2)—Minge_Order:W.:2 ftir 14A98.3fi -be-nOrowtd th 'reimburse_the Contractor for horkiready performed and proposed work due to the redesign of the . .. rehrte-it4tety ix:rimer-4- residential PT9PATpt. There is no reduction in the proposed numbenOf psrking spaces. Thy cost of this change order will he miztre than offset by quantity reductions in the final poyvent- E3) The Skely.Street assessment roll, authorized by Ordinance No. 15128, be amrpfe�!,:*o l Fin Street impree moots from Shely Street to Tarleton Street ($7,833_17). The three affected property omners have -agreed to sign voluntary lien for their portion of the cost and thus a public hearing will not be necessary. The following actions be taken regarding Broadmoor Park AreaStreet mprovements: (1) The preliminary assessment roll be adopted including assessments of $148.008.16 on 183 parcels on the following streets: (a) Niagara, Sar€t-a, and Cleo Street, from Baldwin Boulevard to South Port Avenue, (c) 11ceaniei Street, from Sarita Street to David Street, -(d) Shely Street, from Niagara Street to David Street. (2) A public hearing on the assessments be held at Travis Elementary School, 1645 Tarlton Street at 7:00 p.m., January 2, 1980. The project is a community development and 1977 Bond Election project. The low bld`of' $82t4Z93.-55 on -the project sums s. fitted by, APCCq_ ...: k. Exxon Company, U.S.A. be granted a permit to drill a directional well from a regular surface location on Pita island, 4,800 ft. seaward of the south end.of Laguna Shores Road. The Pita Island Gas Unit 2 Well No., 3 will be drilled to a vertical depth of 10,700 ft. The application is In order and no exceptions to the Bay Drilling Ordinance: have been requested.- The company has been granted a, temporary permit so that drilling activities could be started. The company, is aware that any actions taken prior to Council approval are at their own risk. 1. A revocable easement be granted to the Flour Bluff Independent School District for_threw pipeiines-urder Waldron Road between Purdue and Glenoak as„part_ef, - the i....rreet---€ae4t-itlesexpansion program. _- Two_ . of_ _the_ €net will be 8” for chilled water for the mechanical system and one 12" for electrical conduits. The crossing wiI_1. be: made by boring- The fee is $660 according to the street crossing fee schedule -recently adopted. • . iYa.._l: .trade-ari. ththe fix..' rontal-.ar e.neecipc letPrraatS l .Aire rt be „rider/. to delete a paragraph which prohibits advertising rates on the leased --premises , except for pocket -sized printed brochures. The Federal Trade Commission has concluded that a large majority of airports, Corpus Christi included, have• contracts --which contain provisions whereby the airport operator has -prohibited.. -the--coneess-pea-lee frog -r l advertising -its- ratesn the. Terminal, Aka tang-... which may be a trade restraint in violation of federal law. The rent -a -.car agencies have op objection to deleting. this provisions_ I.. the ..iii:rar,t ,rlth P.i>_C. lrldtrtt rir-,; lies_ for iieriSl r iaj ie,li..1 c urt..&.i ,,:i#y wei1r. Al- 1.i4- •rii1.rrr► ler .-•tf-tolyd I. lnc 11th' w 11 t&441Iri'. nI'IAt- _—_. trrsf _ 1.-Itp Edimgr�:rrvnces.. the tit4a3_. e... .1.ci4i'� st.i�treu a price or-sfT,-o7a--roe th-TS mr.n. Are app;"r,Oiatetwgr ;Fri is -needed -for e.change-irder for auk and add:itiona1architectural:. -- fees for design and inspection. :.IMeeting Change Ordcr No_ 1 for $4,475.00 to Sanitary Sewer 34-B, Section 2 be approved (1) A short extension to the downstream end of the flood River sanitary sewer ....force`Iaa. �t to,connect, to the upstream manhnlw .,f ntr et -LkR75) .'. _-° LLQ-'- .T�,. , .. . (2) A 14 -foot deep sanitary sewer crossing of Hearn Road near Highway -77 at a cost of $3,600.00, to make service available to a proposed restaurant on Highway 77- . The following self-insurance payments be approved: (1) $35,000 to Ms. Vehma Henry in settlement of a claim arising from an acce.dent in an Elderly and Handicapped van on May 2- le7a, when a .. seat 611e -crawl an adequate seat belt was not available. (2) $5,756-37 to Berry Construction Company for damage to a company truck when a Gas Division vehicle ran a stop sign at Suntide and Up River Road on October 9, !4479. City Manager Townsend explained Item (1) by informing the Council that one of the Senior Citizen vans contained a faulty seat, and when Mrs. Henry was in the seat and the van carne to a sudden stop, the seat actually tilted and Mrs. Henry was injured-. -lie further explained that the seat belt was not fastened because it was of.insufficient length to encompass her. He indicak.ed that the City may have sane c1alei,egalnst the manufacturer of the vehicle, in which case, a claim will be filed by the City to recover this settlement. claim. City Manager Townsend stated`hett-the company has been contacted, but it may • ac rrct caaar T iii r`%lF-' :a,.sui 4. rt iFio rizrtsa that --the- staff -felt fat cmc. sett l en ment should -be paid firs. Henry anyway, regardless of whose responsibility it_ was. ,Mr..Townsend stated that there 15 no doubt that the vieh.icle.should not -hag operated without the scat belt being'fastened, but assured the Council that the • drivers of the vehicles have been informed of this fact. ? _ regard to Item (2) of this report, Mr_ Townsend explained that a Cas Coanci1-l4ciber Diaz suggested that the City should certarn' ursue : • . 40n -truck ran a -stop, Tgn;hit-a3eiry Constructl4n truck, .and this settle ,...... meat represents the actual cost of repairs. g- _Bldg -be received at rrziiil a.» , r rsoagy{--uecember l7 t9 i a -"-- rotary .alawer:rnx t>se of wastew iter Treattn!eni. Ffant,. Additional air supply is requited to provide minimal treernont during construction of p7hf"TmpioVe _ ata. ane ss ewer vrrii replace ea ssi-etieg b -ewer ;.., longer serviceable and will remain In service when plant expansion is ctaap#ete. Rntes 1/4le4lir C0411CLI Pqe u . . . . manager :Townsend informed the Council that this item was added as an ':ealergericy item because the Texas. Department of water Resources has written a letter wouldheLAdithdrawn.i.f.the. purchase of this blower is :further delayed. . Mayor Jones called for comments from the Council on the City Manager's Reports, Ittsro,1110- thru "q." : Council Member Zarsky referred -to item "lf% which pertained to -the i4.:355 acres of Surplus.City,property.south of Alameda and west of Parade Drive. Mr. Zarsky _Lmouizomi_if,Abe Cooncil hal requested'that this item be presented with the recommen- dation that the area be zoned "R-10." Mayor Pro Tem Sample stated that he recalled that the vote on the zoning was a tie voteand he. personally, had suggested that one section be zoned and sold for multi -family dwellings. 4 A To; - Mayor Jones and Couric1-1 Members Best and Turner indicated that -this waS-their-- ---,— recollection of the matter also. City Manager Townsend agreed that he would -_-,ithdraw the item and present it. as a discussion itominext week. COuncil Member Dumphy expressed the opinion that the Council has an obligation _to_oroper zonlingalid,.alsotothecitizens of this community; since the property actually belongs to the people of this City. Mr. Dumphy stated that he felt that because of this. the City should obtain the maximum amount ofmoney for the property consistent with prOdr-zontng. be fOrthei- expressed thalapinion that -transition 7 - - zoning would be best because moremoney could he -obtained fbr-the-prOperty.-- . ,CifiiManiger-Townsind explained that if the zoning is changed, it would be : -,appropriate tO havejt.'before the„Olanning Commission.ta change zoning, including *wing through the Usual procedures and public hearings. Mayor Pro TenSaMple stated that he would like to suggest a zoning of "R-18" '.- - • - - • wo..t fthe property:end...Across the street, the Council cOnsivar transitional zoning. Mr. Sample agreed that this matter should be discussed next------------------- . . ""ChOncil tiembir -Diarr who F had beee-ebsent Fs the, Workshop liteting the day ,,as 1=ftairad about the kind of zoning that was considered. 9 Fpressed the opinion that "R-2" zoning would be appta-' for tlw 'portio�i aF tlhe and adjacent to the golf course. Tion6-if M er Zai-stcy aimed that his position is that the yc,^,pia ;h. remea.. s€ngia-fedi y dweTTT-rigs at the batik of this property wouldnott be affected by .zoring_,'but they Would be by apartment zoning. Mr. Zarsky further indicated tir;wou1d prefer either 'pit -111" zoning for the entire area,. or "R-2" for the..,. Council Member Rest pointed -out that if a public hearing is conducted to aZonethe property to "R-2", the property owners from that area will certainly empress -op sitton to such zoning. Mayor Jones stated that he felt that "R-16" would be appropriate zoning fCr this Land. City Manager Townsend noted that the previous Council preferred to retain the "R-18' zoning._-_ Council Member Diaz stated ti -at he agreed the, area. should be zoned A majority of the Council -- Jones, Best, Diaz and Turner stated -that they -would vote in—favor• of "R -1B" zoning. --- There was. pro further -discuss-hmf' on- this--portion-of the City Hanager''f- t. Reports: Motion by Diaz that the City Manager's Reports, Items "h'r" tliru "411 , approved; seconded by Sample; and passed unanimously. __ltayor_Jones called for the presentation of the ordinances. City'Manager; -Townsend br1efl'y exp1ained-the ordseances and referred -par t'cularly to t e ordii- 'nances 'pertaining to the Standard Building Code, 1979 Edition; the Standard l+iet n3cui Code, 1979 EdI:tlon; and the ordinance providing for a conthined;;Bu'i ldh g;T x . . at:m4,4_g mt1 t foe t t the ,*.¢,^..t` aro 3 fSte4 for see6044,144111.114. aM--- _. -- - - -- esv •-..- Mr. Te nw send stated that he has been unable to meet with the repre,entatives app- ante in a City court case. He also explained that reports have been prepared 7 t+es :lot Council Meeting r 5,, i979 P ,the'staff in regard to the matter of the Wood shingles, but that he did not feel he staff has had an opportunity to prepare enough information to make a abort -in eagard--to t; is- subject. City Manager Townsend explainedthat the staf€ has one recom endation and the industry has a efferent one, anile nas net had an opportunity to prepare a full report on these ordinances. ",:•",:. ` s informe a., !!^ _-ltli_}irnnimn„ Oirrrfi7r-nf Inu+tr.rir_+ns gnd Operations; _ _ d. tom. Council that at this time, the only wood shingle roofs allowed would be treated shingles. Council Meaner Diaz pointed out that the Building Code Board of Appears has - expressed the opinion that if wood shingles are used on structures that are 100 feet from any other structures, they would not present a fire hazard. Motion by Diaz that the ordinance adopting the Standard Building Code, W_— 292e__Ed;tioo- beameude to allow for the use of untreated wood shinales on.sinnle-, famiiy_dweWngs.if they are - located at least 100 feet from any other residence. Mayor Jones asked Fire Chief Ralph Rogers for his opinion on such a motion. Chief Rogers agreed -that the Fire Department would not be opposed to. the use of untreated wood shingles onresidences if they are 100 to 150 feet apart. Mr. Hennings informed the Council that the cities of Aust=o, Fort Worth and San Antonio have the same allowances for wooden shingles that Corpus Christi .Chief Rogers pointed out that the wording in the amended ordinance would hex to be related to the property line rather than a structure on another piece. _ property. 1ouncil Meober Zarsky stated that he will vote against such an amendment cause po7'icing- ttfat `type b'foreguiats`on'woefd"be-.very difficult `lie pointed Out the gui.lding'Cade Board of"'Appeals suggested that the City have no restrictions use `f wrx,den-Shingles and indicated that he felt that a report from' that rd we ld b app opre:ate. Counc:i l MMenber lttaz thenwithdrew his motion. of the presentation in regard to the dangers of the use of untreated -wooden shingles and expressed the opinion that the Council 1 'onsuler the isatter from a safety viewpoint. He stated that he did not feel tltulibe cost of treated wooden shingles would be prohibitive. Cauncil MeeberTurner stated that she strongly supports the use of trued riatiden: shingles for apartment complexes, but not or one ami y um= _r.. Tuirner referred to a memorandum from Mr. Gerald Pascador, Building Official, in icia he stated that the use of wood shingles is not applicable to fire insurance reM4.00 ca[cuiations. £ety Manager Tains..nd stated that he felt that this was an erroneous state ant, becau a the City is being charged the full key rate for the use of wooden hingles. - Mayor Pro Tem Sample stated that it was his impression that the proposed ridleance would totally prohibit the use of untreated wooden shingles, and that he does not feel that this should be done. Motion by Diaz that the ordinance adopting the Standard Building Code, 1979 Edition, be amended to allow for the use of =-treated wooden shingles on heroes that are located at lease 50 feet from the property line; seconded by Seenp'le. .. 4.. Council lfemb.er Best_ pointed out that the people who couidavail themselves of this use are probably -the ones who could more easily afford to purchase treated wooden shingles = !Mayor Jones palled for the vote on the motion and it passed by the follow- ins vote: Jones, Sample, Diaz and Dumphy voting "Aye"; Best, Turner and Zarsky to "May." lir iiennings.gave a brief explanation of the ordinance adopting the Standard echan c&. lode 1979 Edition; stating that the ordinance proposes the adoption of • io Standard Mechanical Codewlth the deletion of Chapter 1 and noted that this bW-;adeilnlstered by the !Wilding .Division. He informed the Council_thet .Conditioeinsg aid Plumbing Association is opposed to this because to wan Anochen'lcal lode to be administered separately. Mr. #tannings did point out, u _se atg -refs =or electrical permits. Tie Stared adetlnt-stration of separate permits would just represent additional paper !work and Minutes Wsgylar Council Meeting December 5. 1979 Page 2; would not result in more in.teectian. Council Me .erry inquired if the mechanical code is important enough for the Council to consider, why it should not be handled in the same manner as plumbing work is handled. rr. Dumphy expressed the opinion that heating and air ir�.. tlee shnl1 he inspected the same way as other - Gpligltiosiing rcpair3 8...+ d •_.�-�... aspects of building. Mr. Hennings assured the Council that the requirements for the heating systems are already in existence, and the new requirements also address air canditionine and __ n..:n..,n has inspectors for plumbing, refrigeration- ne stated iiwi t:K ��..-..-_ _...' . electrical and building. Council Member Dunphy referred to several letters received frau representa- tives of the industry. all of which recommended that the Council place the air conditioning industry on the same basis as the other sections of the industry. He suggested that if the Council agrees to this. the ordinance adopting the Mechanical Code should be amended and the r=diaance provi,;:ng for combined building, electrical and plumbing permit fees should also be amended. Speaking from the audience on this matter was Mr. Clarence Heal, who stated that the position of the Air Conditioning and Plumbing Association is that the Mechaalcal Code in its entirety. including Chapter 1 with necessary modifications . peculiar to this area. should be adopted. He also pointed out that the ordinance pertaining to single permits does not have a provision for ee air condlticf1^g permit fee, and the industry would like to have a permit required. City Manager Townsend suggested that the Council allow him to withdraw the second reading of the ordinance adopting the Mechanical Code In order for the staff to prepare a motion to amend the ordinance to include the adoption of Chapter 1 per- teining to administration. Motion by Turner that a motion to amend the Ordinance adopting the Mechani- cal Cade in its entirety. as agreed upon,to include Chapter 1 with minor changes t_ be applicable in the City of Corpus Christi; seconded by Diaz; and passed unaftimeusly, Council Member Dumphy expressed concern abet the problems that wiii be 4ncountere4 if a fombine4 permit i6 approved for Several traces. -neiber of the. Master Plumbers Association, spoke in opposition load permits, stating that his organization prefers that the separate retained. He stated that he did not feel that the City inspectors can nsPect.,40J aspects of: the construction job. `-'Co ncil Member Dunphy indicated that he does not feel that anyone will be tilzed by the issuarne of the single permit, and the staff is of the opinion t a savings can be effected. He pointed out that this recommendation did not nee with,the sta€f; bec.-use he actually suggested the single permit. ;ty Manager Townsend explained that as the ordinance is now written, the Ocess_stil_l requ1res'the signature of the Master Plumber, the Builder, inter Electrician. Colincil Member Durnphy stated that if the single permit will not save time inoney;`the Council might wish to have another ordinance prepared to require pereit that would eliminate needless time and money on the part of the or:sl su 3nce ' oclF fiber Zarsky pointed out that most of the building industry is az that the two Ordinances scheduled for second readings per' adeigipito€ the Mechanical Code, 1979 Edition, and the combined drairfifr 'coesideratinn at this time;seconded by ZarsL.__ and - � ..r ons, ?ed- unci i mou5t„ 3hec�vereno fu�'t er c lents on the Ord CiS .._ - City -- __sr Read -_..d ole ii xotes, and `the following"ordrnaices Were approved k*EliOnt cOCAMtiitiii.itto T+}E F"Of.LottiriG LE 5ER FAR Ae #Pi'EitNAT'Itltiikt. AIRPORTFOR, THE OPERAArtQ(;DF-RE1fT- —CA fdba ludoet Rent- A Carl _ .,._ .,fin. ar (dba Avis). authorized by Ordinance No. 13508. dated. c -bei , i976; and • $artionai Car Rental of Corpus Christi, authorized by Ordinance No. 13510, dated S..c.sL 9iMoww cw Po,• L iai. OCLEti a FROM EACH LEASE PIE LAST PARA&RAPN OF ARTICLE XIII PARAGRAPH F. REGARDING tNE-PROMMIITION OP AINER#ISEt MT 9F RATE SCHEDULES OP LESSEE. €oreooinacrdtfance_WaS read for the first time and passed to its second reading by the following: vote: Jones, Sample, Best, Diaz, Oumphy, Turner and Zarsky _cti-ng '•Ay ' trrrwn RFADING- ♦wr.�T wG THE cram[ A N WOW CODE, 1976 EDITION, AS THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI; WITH CERTAIN CHANGES AND ADDITIONS THEREro; PROVIDING FOR AUM11415„.., TRATION AND ENFORCEMENT; ESTABLISHING CERTAIN FEES; REVISING CERTAIN FEES FOR ELECTRICAL 'Ai40 PLUMBING PERMITS; REPEALING ORDINANCES 12604, 13554, 13555, 13805, AND 14422, AND ,ARTICLE L, SECTIONS 13-1 THROUGH 13-11, OF CHAPTER 13 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976, AS AMENDED; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAYINGS CLAUSE;. PROVIDING FOR AN EFFECTIVE DATE OF MARCH 1, 1980. The foregoing ordinance was.read for the second time and passed to its third and final'” reading by the following vote: Jones, Sample, Best, Diaz, Dumphy voting "Aye"; Turner and Zarsky, "Nay". ORDINANCE NO. 15247: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING --"- AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: BROADM00R PARK AREA Niagara, Sarita; and Cieo.Streets, from Laldwin Boulevard to South Port:.Avenue, Sonora Street, from Sarita Street to David Street, McDaniel Street, fcors.-Sarita Street to David Street, - - Shely Street, from Niagara Street to David STreet. :DETERMINING AND FIXING:THE PORTION OF SAID COSTS BE PAID AND ASSESSED AGAINST, ABUTTING,:.. T, THE2DR.TIDN_.THEREOF.TO BE,PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING - Tl1E NEtet-S 1Y- X11` UEVYTNG-i& ASSESSMENT AGAINST SAID ABUTTING PROPERTY -URI ERINO—AND- -:--- SETTING A HEARING TO BE HELD JANUARY 2, 1980 AT 7:00'13_11., IN THE. CAFETERIA OF"TRAVIS - — ELEMENTARY SCHOOL, 1645 TARLTON STREET, 1N THE CITY OF CORPUS CHRISTI-, TEXAS; TO GIVE NOTICE OF SAO HEARING AS REQUIRED BY THE. LAWS OF THE STATE OF TEXAS AND THE CHARTER O�TIlI GITY�F-CQItP115 CHFCISri'T-AND-- CLAT"IN AN €REAGENCY,, The Charter Rule, was. suspended and the foregoing ordinance passed by the following.,::,, iuote z `Jones;-Saapte• Best, Diaz, _..Dumphyr.,.Turner,-,and- Zarsky voting -"Aye". .ORMN NCE NO x52118 .- - MONO ORDII4ANCE;NO.:.1-55128, PASSED AND APPROVED ON 'SEPTEMBER 19, 1?79 BY INCLUDING . TIPIPROYEMI=1NIf-ea�114E- FOLL:,.:iNG-SiitE-Er: - _..._...___... FIG STREET, FROM: TARLTO$ STREET TD SHELY STREET. 0EN0I11G SECTION -3 OF SAID ORDINANCE SO AS TO ADOPT ANO APPROVE THE ASSESSMENT i.. INST ABUTTING PROPERTY OWNERS AS HEREIN PROVIDED, AND _''DEti,JlRUIGAll E1tRGENCY. The Charter Ruta was suspended ,and the foregoing ordia+ite pass a uy the r TION -M.-- vote: Jones, Sample, Best, Diaz, Dumphhy, Turner, and Zarsky voting "Aye". 5=1 ORDINANCE NO. 15249: AUTHORIZING THE CITY HANAGER TO EXECUTE CHANGE ORDER NO. I TO THE CONTRACT WCI8 sSt.ES - CONSTRUCTION COMPANY FOR INSTALLATION OF THE CALALLEN SANITARY SEWER 34-i3, SEUT'ON 2, OR.ADEYITItSNs, EXTENSIONS AND A DEEP CROSSING OF THE SEWER LINE, A S€1BST,ARTIAL --_-_ .. ---�-- AND Ecan_r. nT u_ i41"_ AWED _ . COPY QF SAID CHANGE 011DER Na. T BEING ATTACHED, iiERETO. AN MARE A _ -E$E— _ -1li EXPOIT "A!, APPROPRTATIIIG $4;gd5 Dui DF THE NO. 250 SANITARY SEWER BOHO FUND FOR SAID CHANGE ORDER APPLICABLE To PROJECT NO. 250-77"12_2, CALALLEN INTERCEPTOR SEWER 343, SECTION 2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following mute: Jones, Sample, Best, Diaz, Dunphy, Turner, and Zarsky voting "Aye". OR1a'tNAhtCL.NO%1.559 : CONFIRMING THE APPOINTMENT OF FRANKLIN D. GLENN TO THE OFFICE OF P€iRCHAw;Wu THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DEUAR1NG ,t=: EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote dories; Sainp e, Best., -Diaz, Do li, Turner, and Zarsky voting "Aye" ORDINANCE NO. 15251: AMENDING THE ZONING ORDINANCE OF THE CIT:' OF CORPUS CHRISTI ADOPTED ON THE. 277l`i-t':i0 OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ur:Ci;i:;4 AND RESOLUTION RECORDS, A5 AMENDED FRO TIME TO TIME AND PARTICULARLY AS AMENDED 3Y -ORDINANCE NO. 6106 A5 AMENDED, VON APPLICATION' OF CORPUS CHRISTI THEATRES, INC-, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE FOLLOWING DESCRIBED TRACTS. ., FROM "ft -IB" ONE -FAMILY DWELLING DISTRICT: TRACT A TO "A-2" APARTMENT HOUSE DISTRICT; TRACT•B-BE.R_EZONED„"AT" APARTMENT TOURIST DISTRICT; TRACT C BE REZONED TO "A-1" APARTMENT HOUSE DISTRICT; TRACT D BE REZONED "B-1" NEIGHBORHOOD BUSINESS DISTRICT; TMT=E-BE ..REZONElD." 2" APARTMENT HOUSE DISTRICT, SAID TRA TS BEING -SITUATE 111,1 =':_..-.... -CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED HEREINAFTER; KEEPING 11I EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS _AI!IENDEII: agiTALINGALL ORDINANCES IN CONFLIZT HEREWITH; AND DECLARING AN- EMERGEPIEy, - The Charter IfuTe 'was""suspenaed and -the foregoing. ordinance passed -by Che fol lowi ny Turner and Zarsky voting "Aye"; Sample, "Nay. .._.-_- vpl;e: Jones, gest, Diaz, Dumphy, Y 9 Y ,. ORDINANCE N0. 15252: AOTOO LNG' THE t 71 -'MANAGE ` O DIECUTE-CHANGE- 3RDE -NOS:- 4 'STREET ",R'if 2 TD TJk tDll r 4r, WITH APtCO `FOR-TH ML.IGNMENT 9F SHELY STREET [BEING DONE 1N CONJUNCTION WITH'.THE TENNIS COURT 001.19VEMENTS PROJECT) , 16 -PROVIDE' FOR Tie -REM -4 -MAT ION DF rG STRFET.F$01 TA:RLTON STREET TO .SHELY STREET AND THE- COSTS' iiiCtIRREt) 111 TME -IEE ERI -ON` OF TT1 ,-LARGE PARKUiG. LOT;, APPROPRIATING. $30,093.66 OUT OF" THE N. 220 STREET 8014D 7$2x995.30 'FOR CHANGE ORDER NO. I FOR FIG STREET -.AND $4,00.36.. -FOR. CHANE ORDER T+.,,. 470t1:' .W'PLJ�SL€ 111 PRO.JEET-t NO. 220-77-23, 5HELY STRI €T,REALIG;I{CEiT>_ Atm ` I:ARING AID -EMERGENCY. Th ha er Rute_waS.$Ii5 a iV'a the -foregoing pt 4.!„swa passed by the fciI;�rrinr nate: `ones, 5r+r ie. 'Best, Diaz, Dtmphy, Turner and Zarsky voting "Aye's ORDINANCE O. 1525: AUTHORIZING THE 'C-ITY -ftAN E ccs ExtCuU .A me BCABLE EASEME=NT TO T€1E U (h t�ciTl fv E PENDENT SCHOOL DISTRICT FOR THE PURPOSE OF INSTALLING THREE PIPELINES UNDER W.1CDltr„I, ROAD. BETWEEN PURDUE AND GLEN OAK, ALL A5 MORE FULLY SET FORTH 1N THE RWICA3 :_ ncFAN1 - 3 F t ER $ S Ai lA 2;z "F -CTC cihin MADE E A PAIN HER Ja -., MARKED tXi1IB1T "A"; AND DECLARING AN EMERGENCY. h.1 .11!14dae todetl l heet lasg Netembir 5, 1979- The Charter Rude was suspen,led and the foregoing ordinance passed by the following vole_ . Jo"esr Sai phe, Bet, Diaz,Gu-='F y, Tamer and 2a. 51:7 at " "Aye" ORDINANCE 1*0. 1$254: FL -_-: -;tn =r rur n7. 4pAvAnro 4_S�[.Erurr ruaMSE lana i111 _FTf THF CONTRA_CI WITT1.PPG _-__--- -04.11STRIE FOR SECURITY WRIOVF ENTS TO THE CONCURSE AREA AT THE CORPUS CHRISTI INTER- �- -". Yr„r.rrtyr..y NATIONAL AIRPORT, SAID CHANGE ORDER PROVIDING FOR CONSTRUCTION OF WIND BUFFERS7ARD AIR LOCKS AT THE TICKET LOBBY ENTRANCE OF THE AIRPORT, AS MORE PARTICULARLY DESCRIBED IN THE CHANGE ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $13,678 OUT OF THE NO. 245 AIRPORT BOND FUND, - OF WHICH $11,678 IS FOR CHANGE ORDER NO. i TO THE CONTRACT WITH PPG INDUSTRIES AND $2,000 IS FOR ADDtTI0NAL ARCHITECTURAL FEES FOR DESIGN AND INSPECTION, APPLICABLE TO PROJECT N0. 245-77-4.1, SECURITY SCREENING/CONCOURSE RENOVATION/WIND BUFFERS AND -AIR --- s ----- -- LtIGK1; RTCR iJt['.t.riKiitu r� =r�vcir. .._. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting, "Aye". ORDINANCE N0. 15255: 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 RESOLUT10N-RECORDS, AS.AI+EHDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF HARBOR VILLAGE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 25.406 ACRES OF LAND OUT OF LOTS 1, 2, SEC. 30 SAND LOTS 2 3, SEC." 31, FLOUR -BLUFF 6 ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE.. Y OF CORPUS CHRISTI, *UECES COUNTY, TEXAS, F_.:M "A -I" APARTMENT HOUSE DISTRICT AND "8-4" GENERAL BUSINESS DISTRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed 5y the foTTawjng vote: Jones, SainpTe, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye" .ihe_fs>LTowlny ordinance falEed to peas: : 4iENDINGr -' "E ZONING -OR0 $ANC_E DF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE z•7TH DAY OF AUGUST,.1537, APPEARING OF RECORD 11* VOLUME 9, PAGES 565, ET -&EQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY A5 AMENDED BY ORDINANCE.NO. 6106, A5 AMENDED, UPON APPLICATION OF J. R. HUBENAK -BY AMENDING..THE-ZON.l11G.HAP.BY CHANGING THE Z0N1Nt ON TRACT A (3.03 ACRES) AND TRACT B (2.9B) ACRES,ALLIN'S RIVERSIDE SUBDIVISION, SITUATED IN THE CITY OF CORPUS LH1i15T:1, NUECFS COOP', TEXAS, .FROM "R-18" ONE -FAMILY DWELLING DISTRICT TO "R -L" MUILT-1-P0..DWELT-LNLE4STR1CT ON -TRACT A. AND "8-3" BUSINESS DISTRICT ON TRACT a; - KEENING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING 0RD1rtANCt AS MENDED; 01-041180 ALL ORDI$ANCES IN LONFLt£T HEREWITH; AND DECLARING AN EMERGENCY. fa: :Sri .�•6s��.-re:.raR- :.m,...9 x� .r nate beaus? ..arrss. E[7'^' T�g*,**=g'-Tri �^ t iik.Afer Tn � ferCr-aud sit affirmative votes were reg0I-IWi 'to'Dawthw, d1`na .e 1h �vidte on the ordinance was as follows: Jones, Sample,. Diaz, arphy,-and,,Zars`ky.,v ting "Aye"; Hest and Turner voting "Nay." *:t * H* * **>r*...x* • .Titlt+ES� .'i3" =s` - f rEga .:-as.- 1NAtter$ Not .641Aedtlled on the agenda- . _.. i Vit_ . Il“g5 r -`J_ ,Phm01,44.D1£amt:nguired about the status of the Hershey Motel project; 'Townsend replied that this has been discussed and he wilt provide sation_-on,this-.atter for the Council next week, ty-tlanayer Tbansend briefly described several items that will be con - Wired ::- t the .u, _. _ _ �.._ s_ t.. ,,, c„. -�ing�ttc�-rorncr-�-s..�^s� .... �_.be__�_fssr s:nc� Council., on. motion by ;,`_seconded by Turner and passed unanimously, the Regular Council Meeting was joiiftied at 6:47 p.m.,' December 5, 1979.