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HomeMy WebLinkAboutMinutes City Council - 08/04/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 4, 1971 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark Church. Assistant City Manager Archie Walker City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by The Reverend Milton Bohmfalk of South Bluff Methodist • City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Bonniwell and passed, that the absence of Commissioner Branch be excused for just cause. The Minutes of the Special Council Meeting of July 26, 1971, were approved as submitted to the Council. Mayor Sizemore announced that a proclamation had been issued designating August 1 through 7, 1971, as NATIONAL CLOWN WEEK; and the date of August 8, 1971, as FAMILY REUNION DAY. Mayor Sizemore read a resolution expressing appreciation of the Council and citizens of Corpus Christi for the services of Wayland D. Pilcher who has served in the capacity of Director of Public Safety since July 16, 1968, and has submitted his resignation effective August 5, 1971, to accept the position of Associate Professor for Sociology and Law Enforcement at Sam Houston State University. Mr. Pilcher was present to receive the commendation. Mayor Sizemore announced appointments to Boards and the following actions were taken: Motion by Lozano, seconded by Bonniwell and passed, that Richard Gonzales be appointed to fill the unexpired term of Stanley J. Hultman on the Planning Commission, and that Roy Lay, Jr., T. Ralph Durden and Tony Bonilla be appointed to replace members whose terms expired July 17, 1971. • • Minutes Regular Council Meeting August 4, 1971 Page 2 Motion by Bonniwell, seconded by Gonzales and passed, that Reverend Elliott Grant, be reappointed to the Human Relations Commission and to serve as Chairman, and that Michael Mahaffey be appointed to replace a member whose term expired July 23, 1971. (Mr. N. A. Vallado was approved for membership later in the. meeting.) Motion by Bonniwell, seconded by Lozano and passed, that Margaret Walberg (Mrs. Wesley F.), Lavernis Royal, Antonio Garcia and Mrs. E. A. Durham, II, be appointed as replacements on the Municipal Arts Commission. Motion by Lozano, seconded by Bonniwell and passed, that Bernard Golding and Harvey Lewis be reappointed for three-year terms to the Solicitations Commission, and that Mrs. Marcelino Gonzales be appointed for a three-year term replacing Joe C. Salinas; Johnny Bilano to fill unexpired term of Dr. Frank Faunce, and Roel Mendez to fill unexpired term of Mrs. Leslie Chappell. Motion by Stark, seconded by Bonniwell and passed, that Ralph Bennett be reappointed to the Traffic Safety Advisory Board, and that Manuel B. Cuellar and Dr. Sanford Glanz be appointed to fill vacancies of members whose terms expired April 30, 1971. Mayor Sizemore called for the City Manager's Reports. Motion by Bonniwell, seconded by Gonzales and passed, that the City Manager's Reports, Items "a" through "u" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a contract be authorized with the Texas Water Development Board and the United States Geological Survey for the operation of a stream flow gauging station at the Tilden crossing on the Nueces River west of Three Rivers, being a cooperative operation for many years to provide information to estimate the flow of water into the Lake, the City's cost to be $1,328; b. That Hurricane Celia Damage Repairs to Fire Stations No. 1, 2, 3, 7, 8, 9, 10, 11 and 12, be accepted as complete and that final payment of $4,989.21 be made to the Contractor, Roofcraft, Inc.; • • Minutes Regular Council Meeting August 4, 1971 Page 3 c. That Hurricane Celia Damage Repairs to City Hall and Public Utilities Building be accepted and that final payment of $10,731 .38 be made to the contractor, Roofcraft, Inc., for this work; (Two items of carpet installation are not complete in City Hall, which was deleted and will be added to the Memorial Coliseum contract held by the same contractor; material delivery for carpet will take six weeks and it is in the City's interest to final this project so that a time extension for O.E.P. purposes will not be required) d. That Parcel No. 1, located at the corner of Horne Road and Ayers Street, required for the construction of Horne Road, Naples to Columbia be purchased from the owner, Atlantic - Richfield Company, and that $700.00 be appropriated, including $175.00 for the parcel and $525.00 for sign relocation; e. That the contract for Sanitary Sewer Extensions for the Municipal Service Center - Ayers Street Extension, and the Richter Street extension, be accepted and final payment of $10,537.57 be made to the contractor, T. H. Lee, the final estimate having exceeded the original contract awarded by $6,705.36 due to the authorization of Change Order No. 1, for Richter Street extension of $7,006.70; f. That the City accept a storm sewer agreement in the form of a covenant running with the land which will require the developers of Lot 4, Block 1, Ebony Acres Annex, to install approximately 730 I.f. of reinforced storm sewer pipe concurrent with the development of this property, the location of this future 30" storm sewer, as per the agreement, will presently serve for the storm sewer outfall for Mobile Estates Subdivision, a mobile home subdivision, planned to be constructed on Benys Road in the Ebony Acres area, and it is recommended that the City Manager be authorized to enter into this agreement between the City and Crown Service Corporation; g. That contracts be awarded to the following firms on the basis of past: satisfactory performance; Adams Janitorial Service be permitted to withdraw their entire bid without prejudice due to an error; Suarez Maintenance Janitorial Service's entire bid be rejected as not being a responsive bid and Item #1, Window Washing Service for Library, be obtained on open market purchase on an "as needed basis": Bids received from six firms; comparing prices previously paid shows an increase of $1,700 or 16%; (Bid Tabulation #39-71) • Minutes Regular Council Meeting August 4, 1971 Page 4 9• (Continued) Armstrong Building Maintenance Co., Corpus Christi - Items 2, 4, 5, 6, 7, and 9 $6,186.00 Acme Window Cleaning, Corpus Christi - Items 3 and 8 1,590.00 GRAND TOTAL $7,776.00 h. That a contract be awarded to Goodyear Tire & Rubber Company to provide Tire Leasing Service for the City's Transit System for 5 years, subject to availability of appropriations on a fiscal year basis of their rates bid as follows: Tire Size - 8.25 x 20 & 9.00 10.00 x 20 11.00 x 20 Less 10% service discount @ $.00663 per mile @ $.00819 per mile @ $.01077 per mile One firm bid was received. It reflects a 5% decrease on Sizes 8.25 x 20; 9.00 x 20; 10.00 x 20; and 4.8% decrease on 11 .00 x 20 over prices paid during 1970-71. Estimated annual cost is $12,000. (Bid Tabulation #40-71) i. That bids be received at 11 a.m., August 20, 1971, for all labor, material and equipment to test Flexible Base Caliche; j. That Tax Adjustments to the City and Water District Tax Rolls for February 1 thru April 30, 1971, be approved: Net Decreases City Water District 1970 Tax Roll $4,716.05 $ - Prior Year's Tax Rolls 1,533.97 70.10 Total $6,250.02 $70.10 The 1970 decrease consists of $967 in Real Estate taxes and $3,748 in Personal Property Taxes. Prior Year adjustments include $539 for 5 properties sold at second tax sale; k. That contracts be awarded to the following firms for 1971-72 requirements of Printing Paper and Stationery Store Items on the basis of low bid: (Bid Tabulation #41-71) Century Papers, Inc., Corpus Christi - Lots I, II, and IV Monarch Paper CO., Corpus Christi - Lot III Maverick -Clarke, Corpus Christi - Lots V & VI $9,042.50 1,018.25 5,754.05 • Minutes Regular Council Meeting August 4, 1971 Page 5 I. That the supply contract for 1971-72 requirements on M. J. Gate Valves be awarded to Kennedy Valve Manufacturing Co., Elmira, New York, on the basis of low bid meeting specifications, for a grand total of $36,662.42, bids having been received from 13 firms with prices indicating an increase of $4,936.10 or approximately 15.6%; (Bid Tabulation X42-71) m. That contracts be awarded to the following firms for 1971-72 requirements of gasoline, fuel oil, oil, grease and anti -freeze on the basis of low bid being a cooperative bid including Nueces County requirements; Item V being held in abeyance pending further evaluation; bids received from 8 firms showing a price increase of 4.6%; Bid Tabulation 043-71) Gulf Oil Corp., Corpus Christi - Lots I, IV & VII Susser Petroleum Co., Corpus Christi - Lot II Humble Oil & Refining Co., Corpus Christi - Lot 111 Continental Oil Co., Corpus Christi - Lots VI & VIII GRAND TOTAL $208,174.75 73,273.63 11,859.00 2,346.10 $295,653.48 n. That the City Manager be authorized to execute a contract between the City and the U. S. Government for the acceptance of a Grant of $80,104.00 from the Department of Housing and Urban Development for the execution of a Community Renewal Program, which program will require $40,052.00, in local funds representing 1/3 of the total cost, and to be completed by June 30, 1972; o. That the following actions, concurred in by the Marina Board; be authorized regarding Marina Concessions: (1) Mr. John B. Oatman be authorized a lease for 13 sailboat rentals on the north side of the Peoples Street T -Head for $10 plus 5% of gross per month (Z Mr. Michael Bridges be authorized a lease to rent skiboats (Maximum of 4) and small outboard boats (Mdximum of 8) from the north side of the Peoples Street T -Head for $10 per month plus 5% of gross; p. That the Human Relations Commission membership be increased from 9 to 10 members to include the Executive Director or memberof the Staff of the Legal Aid Society, and the request of the Commission Chairman for authority to use non -commission individuals assist the Commission and its committees, to the000eswi*tees, be granted; • • Minutes Regular Council Meeting August 4, 1971 Page 6 q. That approximately 164 acres of City -owned land at the Stevens Water Filtration Plant be advertied fcr an oil & gas lease with the expectation that the lease will bring $8.207 per year plus 316th royalty on any minerals discovered, said proposed lease and drill site having been approved by the Director of Public Utilities; r. That the construction of the T. C. Ayers Swimming Pool be accepted as complete and that final payment in the amount of $15, 155.12 be made to Hayden Sales, Contractor; s. That the date of August 25, 1971, at 4:00 p.m., Special Meeting, be set for public hearing on the following zoning applications; (1) J. L. Silverman & J. A. Lewis - from "R -1B" and "B-4" to "1-2", on the northeast side of South Padre Island Drive, southeast of Rodd Field Road; (2) J. Hansler & B. R. Willeford - from "R -1B" to "R-2", on the southwest of Williams Drive, southeast of Daly Drive; (3) Cadwallader Development Corporation - Tract A - from "R -1B" to "B-1"; Tracts B & C - both from "R -1B" to "R-2", on the northwest side of Everhart Road between Curtis Clark Drive and Bonner Drive extending northwestward to Wedgewood Lane; and (4) Louis Bubidar - from "AB" to "B-4", on the northwest corner of South Staples Street and Mustang Trail. t. That the City Manager be authorized to enter into a contract with the Bishop Consolidated Independent School District for the leasing by the City of a school bus for the period of July 26, 1971 through August 20, 1971; u. That an ordinance be authorized amending Ordinance No. 8127, by amending Subsection (b) substituting new salary schedules set forth in Ordinance No. 10403. ORDINANCE NO. 10389 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS, AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. Minutes Regular Cou,rtoiI Meet August 4, 1971 Page 7 • RESOLUTION NO. 10390 APPROVING AND PROVIDING FOR EXECUTION OF PROPOSED CONTRACT FOR COMMUNITY RENEWAL PROGRAM GRANT NO. TEX. R-142 (CR) (G) BETWEEN THE CITY OF CORPUS CHRIST&„ TEXAS AND THE UNITED STATES OF AMERICA PERTAINING TO THE PREPARATION OF COMMUNITY RENEWAL PROGRAM NO. TEX. R-142 (CR) ; AND DECLARING AN EMERGENCY. The Charter RLIe was suspended and the foregoing resolution was passed by the oIiowing vote: Sizema€e, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10391 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $700, OF WHICH $175 IS FOR ACQUISITION OF PARCEL NO. 1 AND $525 IS FOR RELATED COSTS, APPLICABLE TO PROJECT NO. 220-70-111, HORNE ROAD -NAPLES TO COLUMBIA; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT WITH THE OWNER, ATLANTIC -RICHFIELD COMPANY, A COPY OF WHICH, MARKED EXHIBIT "A", i5 ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was s.:spended and the foregoing ordinance was passed by the following vote: Sizemore;, Bon:iweli, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch wad absent. ORDINANCE NO. 10392 PRESCRIBING THE MAXIMUM EARNINGS TO BE CONSIDERED IN CALCULATING DEPOSITS AND CONTRIBUTIONS TO BE MADE BY REASON OF CURRENT SERVICE OF EMPLOYEES OF THIS CiTY WHO ARE MEMBERS OF THE TEXAS MUNICIPAL RETIREMENT SYSTEM; AND DECLARING AN EMERGENCY. The Charter. Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10393 ACCEPTING THE BID OF THE CORPUS CHRISTI BANK AND TRUST AS CITY DEPOSITORY FOR THE ENSUING TERM; ACCEPTING AND APPROVING THE PLEDGE OF SECURITIES BY SAID DEPOSITORY IN LIEU OF BOND AS SUCH DEPOSITORY; PROVIDING FOR THE DEPOSIT OF SUCH SECURITIES WITH DEPOSITORIES THAT ARE APPROVED BY THE CITY DIRECTOR OF FINANCE, AND SUCH OTHER SECURITY HOLDER AS TRUSTEE FOR SAFE- KEEPING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • • Minutes Regular Council Meeting August 4, 1971 Page 8 ORDINANCE NO. 10394 AMEND2NG THE ZONING ORDNANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DM 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 JACK RYAN, TRUSTEE, BY AMENDING THE ZONING MAP BY' CHANGING THE ZONING ON TRACT C, BEING A PORTION OF LOT 1, SECTION 9, BOHEMIAN COLONY LANDS FROM "R -IB" ONE -FAMILY DWELL- ING DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "B-4" GENE:RAL.BUSINESS DISTRICT AND ON TRACT D, BEING A PORTION OF LOT 2, SECTION 9, BOHEMIAN (:OLONY LANDS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APART- MENT HOUSE 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 rs:',pended and the foregoing ordinance was passed by the following ,cte: Sizemcie, Bozquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell abstained and Branch was absent. ORDINANCE NO. 10395 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937_ APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JOHN THOMASON, BY AMENDING THE ZONING MAP BY CHANGING THF ZONING ON ALL OF LOTS 18 AND 19, BLOCK 11, GARDEN - DALE #2a SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore,, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent, ORDINANCE NO. 10396 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 70 TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PAGE GABRIEL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 20 -ACRE PORTION OUT OF LOTS 11 AND 14, SECTION 5,RANGE 8,GUGENHEIM AND COHN FARM LOTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 4, 1971 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10397 AMENDING THE ZONING ORDINANCE OF THE CITY OF CCR PUS CHRISTI ADOPTED ON THE 27THDAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES .o5, ET SEQ, OF THEORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM ]IME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS ,WENDED, UPON APPLICATION OF BRAD BULLARD BY GRANTING A SPECIAL PERMIT ON ALL OF LOT A, TRACT 4, WILKEY PARTITION, LOCATED AT 5855 SOUTH PADRE ISLAND DRIVE FOR A RENTAL WARE HOUSE OPERATION, SUBJECT TO THE PLOT PLAN SUBMITTED, A COPY CF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF, SUBJECT TO ALL OTHER REQUIREMENTS:OF "B-4" 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 was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10398 GRANTING THREE REVOCABLE EASEMENTS AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAME, TO HUMBLE PIPE L INE COMPANY TO CONSTRUCT 4" PIPELINE CROSSING UNDER GRAHAM ROAD, A 4" PIPELINE WITHIN THE RIGHT OF WAY OF FLOUR BLUFF DRIVE, AND A 6" PIPELINE CROSSING UNDER AMBER DRIVE, DOVE LANE, FLOUR BLUFF DRIVE, DON PATRICIO ROAD AND DIVISION ROAD, AND RUNNING WITHIN THE RIGHTS OF WAY OF FLOUR BLUFF DRIVE AND DON PATRICIO ROADS A DISTANCE OF 1300 FEET, ALL AS I5 MORE FULLY SET OUT IN THE COPIES OF SAID REVOCABLE EASEMENTS ATTACHED HERETO, MARKED EXHIBITS "A", "B", AND "C", AND MADE A PART HEREOF; PROVIDING FOR PAYMENT OF FEES IN THE AMOUNT OF $100, $500, AND $738, RESPECTIVELY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10399 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, )937, 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 A. C. BROWN BY GRANTING A SPECIAL PERMIT ON LOTS 1 THROUGH 4, BLOCKS C AND D AND THE WEST 10 FEET OF LOTS 1 AND 4, BLOCK E, LEXINGTON PLACE, LOCATED IN THE 2800 BLOCK OF SOUTH PADRE ISLAND DRIVE FOR A LUMBER YARD AND PORTABLE BUILDING SALES OFFICE, ACCORDING TO THE APPROVED PLOT • Minutes Regular Council Meeting August 4, 1971 Page 10 PLAN, WITH THE PROVISION THAT A FENCE BE CONSTRUCTED ALONG THE REAR AND SIDE PROPERTY LINES, AS MORE FULLY DESCRIBED ON THE PLOT PLAN ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, SUBJECT TO ALL OTHER REQUIREMENTS OF "B-4" 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 was, passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present Jnd voting "Aye"; Branch was absent. ORDINANCE NO. 10400 AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $1,328; APPROPRIATING AND REAPPROPRIATING THE SUM OF $1,328 OUT OF ACTIVITY 5199, CODE 490, FOR THE AFORESAID COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10401 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE BISHOP CONSOLIDATED INDEPENDENT SCHOOL DISTRICT FOR THE LEASING BY THE CITY OF CORPUS CHRISTI OF A SCHOOL BUS FOR THE PERIOD OF JULY 26, 1971, THROUGH AUGUST 20, 1971, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. RESOLUTION NO. 10402 IN RECOGNITION AND APPRECIATION OF THE SERVICES OF WAYLAND D. PILCHER TO THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • • Minutes Regular Council Meeting August 4, 1971 Page 11 ORDINANCE NO. 10403 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (B), BY SUBSTITUTING NEW SALARY SCHEDULES; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10404 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 M. HARVEY WEIL, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 1.61 -ACRE TRACT OF LAND OUT OF SHARE IV OF THE MCBRIDE PARTITION SITUATED IN THE CITY OF CORPUS CHRISTI, FROM "8-4" GENERAL SJSINESS DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT, ALL AS IS MORE FULLY HEREINBELOW SET OUR AND AS SHOWN ONTHE PLAT ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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 was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. Motion by Bonniwell, seconded by Bosquez and passed, that the appointment of Judge O. E. Cannon as Municipal Court Judge, nominated by Mayor Sizemore, be approved and confirmed, granting him a proportionate maximum pay raise of $60 a month as approved for other City employees. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Reverend Brett H. Davis, representing Communitarian Church, 4805 Dodd Street, appeared and submitted two proposed model ordinances which would regulate or make it unlawful to sell any beverage or soft drink in non -returnable containers. He stated they are an organized body of concerned citizens and the objective was to reduce litter. (Council Exhibit #9-71) 1 • Minutes Regular Council Meeting August 4, 1971 Page 12 Mayor Sizemore accepted the model ordinances and stated they would be studied by the Council and Staff. Reverend Bili Spivey, 2813 Soledad, renewed a complaint previously filed, con- cerning the recent incident in which police brutality was alleged against City policemen in the arrest of Miss Cynthia Morgan. He alleged that the City Manager and Director of P;iblic Safety had connived to clear the policemen. Reverend Spivey requested that an open hearing in the neighborhood be held to hear testimony from all witnesses, and requested that the City Manager publicly apologize to Miss Morgan for statements made which he claimed were damaging to Miss Morgan's reputation. Reverend Spivey filed his statement in writing with the City Secretary. (Council Exhibit #8-71) Following a brief recess the meet ing was reconvened at 3:30 p.m. Mayor Sizemore nominated Mr. A. N. Vallado to fill the remaining vacancy on the Human Relations Com- mission. Motion by Stark, seconded by Lozano and passed, that the foregoing nomination be confirmed and approved. Mayor Sizemore nominated the following persons to serve on the Zoning Amendment Advisory Committee: Gene Urban, Chairman, Edgar Moore, Eduardo de Ases, Robert P. Wallace, Jack Bell, Vaughn Bowen, Q. J. Beck, Jr., Willard Hammonds, John Keltner, Tony Bonilla, David Wilson, Francis I. Gandy, Robert E. Reynolds, Pat Morris, Sandra Yarbrough, Morris Levy, Henry Annen, and Leo Lopez. Motion by Lozano, seconded by Bonniwell and passed, that the foregoing nominations to serve on the Zoning Amendment Advisory Committee be approved and confirmed. Mayor Sizemore announced the scheduled public hearing on Application #671-3, John Thomason, for change of zoning on a 9.6 -acre tract of land out of Lot 33, H.B. Sheppard Farm Lots. He stated that the request was heard by the Planning Commission June 8, 1971, and forwarded to the Council with the recommendation that it be approved as requested. Mr. W. H. Stahl, 4901 Kostoryz, spoke in opposition, and inquired as to the develop- ment plans for the property, stating that he was denied zoning change requests on previous occasions because he did not have development plans. Mayor Sizemore explained that the • • Minutes Regular Council Meeting August 4, 1971 Page 13 property is presently under cultivation and that a pipeline office, warehouse and yard facilities are proposed. Motion by Bonniwell, seconded by Stark and passed, that the hearing be closed. Motion by Bonniwell, seconded by Stark and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-3, John Thomason, for change of zoning from "F -,R" Farm -Rural District to "1-2" Light Industrial District, on an approximate. 9.6 -acre tract of land out of Lot 33, H. B. Sheppard Farm Lots, located on the southeast corner of IH 37 and Suntide Road, be approved, and that an ordinance be brought forward effectuating the change. Mayor Sizemore announced the public hearing on Application #671-4, Fred Webster, for change of zoning on a tract of land located on the northeast corner of Waldron Road and Caribbean Drive. He stated that the request was heard by the Planning Commission June 8, 1971, and forwarded to the Council with the recommendation that it be approved. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-4, Fred A. Webster, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a tract of land fronting 130 feet on the east side of Waldron Road for a depth of 250 feet along Caribbean Drive, out of the south 1/4 of Lot 14, Section 53, Flour Bluff and Encina) Farm and Garden Tracts, located on the northeast corner of Waldron Road and Caribbean Drive, be approved as requested, and that an ordinance be brought fotward effectuating the change. Mayor Sizemore announced the public hearing on Application #571-5, Mrs. Juanita Tingle, for change of zoning on property located in the 3200 Block of Houston Street. He stated the request was heard by the Planning Commission June 8, 1971, and forwarded to the Council with the recommendation that it be approved. Mr. George Anastos, 3301 Houston, appeared in opposition to the recommendation for approval, stating that he had appeared before the Planning Commission and presented a • Minutes Regular Council Meeting August 4, 1971 Page 14 letter signed by nine area residents listing reasons for opposition: (1) the proposed use would destroy the residential atmosphere of the area; and (2) would lower property values. He pointed out that the street is very narrav and would become a traffic problem; that the proposed day care nursery should be "placed in a practical area and not in a convenient areae" Mr. Anastos stated he did not get a notice of the Commission hearing, and it was s^'xplained to him that since he was not the owner of the property, his name did not appear on the tax rolls from which the list is obtained. Mr. Michael Gilbert, spoke on behalf of the applicant, and pointed out that the subject property is adjacent to the H.E.B. Grocery property which is zoned "B-4", and that it also backs up to a large vacant area which is used for Little League activities. He also stated there is a vacant lot between the applicant's property and Mr. Anastos's property; that there is a high fence separating the subject property from the H.E.B. Grocery property and that his client plans to continue the fence at her own expense. He pointed out that the operation would be governed by the State Health and Welfare Agency as to the number of children permitted per square feet of area; that the children would be small and delivered and picked up by their parents which would create no parking problems. He stated that the applicant plans to buy the vacant lot and utilize both lots in the operation of the nursery. A representative from the State Health and Welfare Agency was present and answered questions relative to the number of children allowed, fencing and type of structure and inspections. She stated as the building now exists, the maximum number of children allowed would be between 18 and 20. Wenger Senior City Planner/explained that the street varies in width because this particular addition was developed on metes and bounds basis and without benefit of platting. He stated at this particular point, the street is approximately 20 feet but that a semi -circular drive is proposed in front of the building to facilitate access to the property. Motion by Bonniwell and seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing zoning request be tabled for further study. • • Minutes Regular Council Meeting August 4, 1971 Page 15 Mayor Sizemore announced the public hearing on Application #671-6, Bishop Mobile Homes, for change of zoning on property out of Shares 4, 5 & 6, Partition of the James M. McBride Estate. He stated the request was heard by the Planning Commission June 8, 1971, and forwarded to the City Council with the recommendation that it be approved. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Bonniwell and passed, that the recommendation of the Planning Commission be concurred in and that Application #671-6, Bishop Mobile Homes, for change of zoning from '1-3" Heavy Industrial District to "1-2" Light Industrial District on a 25 -acre tract of land out of Shares 4, 5, & 6, Partition of the James McBride Estate, and a portion of Lot 23, Block 10, Lantana Industrial Area, located south of Ebony Acres Subdivision 250 east of Lexington Boulevard, be approved as requested, and that an ordinance be brought forward effectuating the change. Mayor Sizemore announced that the Appeal of Carlot T. White and Orval Logue, from the decision of the Planning Commission for a Special Use Permit (Special Use 071-9) for a mobile home subdivision on all of Lots 19, 20, 21, 22, 28, 29, & 30, Block 51, Flour Bluff and Encino! Farm and Garden Tracts (160 acres), located south of Waldron Field on Yorktown Road, had been officially withdrawn by the applicant by letter received August 3. There being no further business to come before the Council, the meeting was adjourned.