Loading...
HomeMy WebLinkAboutMinutes City Council - 12/29/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 29, 1971 2:00 P.M. PRESENT: Mayor Ronnie Sizemore Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Brigido Vera, Pastor of El Buen Methodist Church.. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Gonzales and passed, that the absence of Mayor Pro Tem Bonniwell be excused for just cause. The Minutes of the Regular Council Meetings of December 15 and 22, 1971, were approved as presented to the Council. ORDINANCE NO. 10632 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF SIDEWALK IMPROVEMENTS FOR DOWNTOWN AREA AND CITY HALL PARKING LOT EXTENSION, TO -WIT: 1. East Shoreline Boulevard (West side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 600 L.F., thence from Park Avenue southward approximately 235 L.F. 2. West Shoreline Boulevard (East side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue southward approximately 180 L.F. 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from 270 L.F. South of Park Avenue to Furman Avenue. 4. Cooper Street (South side only) from West Shoreline Boulevard westward approximately 200 L.F. to the existing sidewalk. 5. Kinney Street (North side only) from West Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court (both sides) from West Shoreline Boulevard to Water Street; r Minutes Regular Council Meeting December 29, 1971 Page 2 a 3 IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVE- MENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Lozano and Stark, present and voting "Aye"; Gonzales voting "Nay''; Bonniwell was absent. Mayor Sizemore called for the City Manager's Reports. Motion by Lozano, seconded by Branch and passed, that the City Manager's Reports, Items 'a" through "m", Commissioner Gonzales voting "Nay" on Item "d" be accepted, and that the requests and recommendations be granted and approved as follows: a. That a public hearing be held on January 19, 1972, at 3:30 p.m., on the following zoning applications: (1) Tony G. Juarez, Jr. - from "R -1B" to "AB", located on the southwest corner of Hill Street and Civitan Drive; (2) Carl D. Webb - from ''R -1B" to "R-2", located at 913 McDonald Street; (3) Reyes S. Castillo - from "A-1" to "A-2", located on the northeast corner of Navaho Street and Virginia Avenue; and (4) Sam A. Johnson - from "A-1" to "B-1", located on the northeast corner of Winnebago Street and Priour Avenue (Unopened); b. That parking be prohibited on South Staples Street from 17th Street to Padre Island Drive in order to provide a continuous center left -turn lane for this entire 4-1/2 mile street section. Parking is presently prohibited on about 2/3rds of the streets and a center left -turn lane is complete except between Hamlin and Carmel Parkway; no businesses are affected with the exception of a home occupation office at Carmel Parkway and South Staples; and the park- ing prohibition is recommended by the Traffic Safety Advisory Board; c. That speed limit changes be made on Port Avenue and Ayers Streets - a five mph reduction is planned for Port Avenue from Horne to Ayers and a revised step down speed reduction is proposed on Ayers Street; the Ayers Street speed limit changes are requested by the Highway Department; the change on Port Avenue is based on Traffic Engineering studies of traffic conditions; and the speed change is recommended by the Traffic Safety Advisory Board; • Minutes Regular Council Meeting December 29, 1971 Page 3 4 d. That a contract be awarded to Asphalt Paving and Construction Company for $33,686.25 for the construction of the City Hall parking lot expansion and sidewalks improve- ments in the Coliseum area; the award to be conditional with the City retaining the right to delete the sidewalks until the public hearing on assessments is successfully completed; that an appropriation of $36,000 to cover the award plus related expenses be authorized; and that an assessment hearing be held on February 2, 1972, at 3:00 p.m.; e. That a contract be approved with the Texas State Library for library development providing the following: (1) 40% of the Grant be used for special emphasis collections and program for environmental education, drug abuse education and assistance to disadvantaged persons ($31,800); (2) 60% of the Grant ($47,700) be used - 1/3rd for the benefit of the area libraries and 2/3rds to strengthen the library as a major resource center; and (3) The City agrees to: (a) Provide telex and telephone service to area libraries; (b) Allow City participation to match Federal participation; (c) Provide an audit; and (d) Generally serve as a regional library; f. That a resolution be approved designating the Corpus Christi LaRetama Public Library as a Major Resource Center Library, and designating the Chairman of the LaRetama Library Board as the City's lay representative to serve as one of six members on the Advisory Council for the system; (Twenty-one libraries in this 25 -county area qualify to belong to the system) g. That the City sell used radio equipment without crystals to the Corpus Christi Amateur Radio Club for $1.00 and the assurance that members of the Amateur Radio Club perform valuable radio communication service during hurricanes, and that the Club will assure the City and FCC that the radios will not be returned to private or government use; (The equipment includes a 60 -watt base station, 29 10 -watt mobile units and a 25 -watt mobile unit all purchased around 1955-56; the equipment will be converted to slightly lower frequency and be available as a part of their emergency two -meter repeater system) h. That a resolution be passed amending the Clarkwood-San Juan HUD sewer project application, authorized by Resolution 10279, to add McNorton Addition and increase the application to $270,800 of the total estimated cost of $603,000; r Minutes Regular Council Meeting December 29, 1971 Page 4 i. That the amendment deleting 5,000 square foot lots south of Agnes and west of Port also update the drainage requirement provisions by making them the same south of Agnes and west of Port as in the rest of the City; (A reduced runoff factor and valley gutters were allowed, apparently because trunk drainage was not available at the time the section was written. It has been available for some time and the Staff has been applying a uniform standard but the ordinance exceptions should be deleted) j. That the City file a declaratory judgment suit regarding Trait "C" of the Cayo del Oso to clear title and resolve when market value is to be determined and the method of calculation, and that the City Attorney be authorized to bring into the suit all necessary or proper parties as he deems necessary; k. That preliminary plans for Gollihar from Staples to Airline be approved, the plans providing the following: (1) (2) (3) (4) The existing 57'. pavement from Staples to Caddo narrowing to 48' at Collings- wood; An additional unloading lane along King High School if the School Staff so recommends; Curb, gutte, and sidewalks on both sides; and A slight widening across Airline at the ditch to provide a safety area; I. That Change Order No. 2 to the Coliseum and Exposition Hall contract be approved for $3,647.82, providing for repair of the damaged brick at the northeast corner of the Exposition Hall, removal of the wooden baffles at the vent opening and addition of a new aluminum fixed vent with screens plus additional painting work to be done to the Coliseum and Exposition Hall, as recommended by the Arts Commission; m. That a ten-day notice of a public hearing on Wednesday, January 12, 1972, at 2 p.m., be authorized for publication concerning the annexation by contract between the City and the Saratoga Land Company et al, of 405.452 acres of land, including portions of Saratoga, Everhart and Weber Road. Commissioner Gonzales stated his negative vote on Item "d" relative to sidewalk improve- ments in the Coliseum area was based on his feeling that there were other areas in the City more in need of sidewalks which in his opinion should have priority. • f • Minutes Regular Council Meeting December 29, 1971, Page 5 City Manager Townsend presented the pending item of the recessed public hearing for the closing of Aubrey Street from Water Street to West Shoreline Boulevard, which public hearing was held November 10, 1971, and recessed pending resolution of problems relative to access and utility easements. He stated that these problems have not been resolved and that it Ts his recommendation that the request be denied. Motion by Branch, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bosquez and passed, that the request of Mr. Martin Lynn of the Sand and Sea Motel to close Aubrey Street located between Lots 6 & 7, Block 10, Beach Addition, be denied. ORDINANCE NO. 10633 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF VARIOUS COST FOR THE IMPROVE- MENT OF: 1. East Shoreline Boulevard (West side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 600 L.F., thence from Park Avenue southward approximately 235 L.F. 2, West Shoreline Boulevard (East side only) from Laguna Street to Cooper Street, thence from Kinney Street southward approximately 640 L.F., thence from Park Avenue southward approximately 180 L.F. 3. West Shoreline Boulevard (West side only) from Cooper Street to Born Street, thence from 181 L.F. South of Born Street to Park Avenue, thence from 270 L.F. South of Park Avenue to Furman Avenue. 4. Cooper Street (South Side only) from West Shoreline Boulevard westward approximately 200 L.F. to the existing sidewalk. 5. Kinney Street (North side only) from West Shoreline Boulevard to Water Street. 6. Born Street (North side only) from West Shoreline Boulevard westward approximately 36 L.F. 7. Broadway Court (both sides) from West Shoreline Boulevard to Water Street. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, FEBRUARY 2, 1972 AT 3:00 P.M. IN THE COUNCIL CHAMBER, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. Minutes RegLiar Council Meeting December 29, 1971 Page 6 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye''; Bonniwell was absent. ORDINANCE NO. 10634 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. 5. 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting"Aye"; Bonniwell was absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 10433, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 25, 1971, APPROVING A CONTRACT BETWEEN THE CITY AND SOUTHWESTERN BELL TELEPHONE COMPANY PROVIDING FOR THE LEASING OF A SITE LOCATION AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A REPEATER STATION, SO AS TO CHANGE THE DESCRIPTION OF THE SITE, ALLOW FOR FENCING OF THE AREA BY THE GRANTEE, AND TO PROVIDE THE SITE RIGHT-OF-WAY ACCESS FOR AN ALL-WEATHER ROAD AND UNDERGROUND CABLES. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, 8osquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye'; Bonniwell was absent. ORDINANCE NO. 10635 AMENDING THE PLATTING ORDINANCE, NO. 4168, AS AMENDED, SO AS TO REQUIRE ONE -FOOT CONTOURS OF BOTH THE PRELIMINARY AND FINAL PLAT IN AREAS OF 12 -FOOT OR LESS ELEVATION AND TO REQUIRE A NOTE TO BE PLACED ON THE PLAT RESTRICTING RESIDENTIAL STRUCTURES BELOW ELEVATION 12 FEET MEAN TIDE; PRO- VIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the second time and passed on emergency reading by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. • Minutes Regular Council Meeting December 29, 1971 Page 7 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB, A COPY OF WHICH 15 ATTACHED HERETO AND MARKED EXHIBIT "A" AND INCORPORATED HEREIN FOR ALL PURPOSES. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10636 AMENDING CHAPTER XXIX OF THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AND PARTICULARLY AS ADOPTED BY SECTION 2 OF ORDINANCE NO. 9672, BY REPEALING THE SAME AND IN LIEU THEREOF, ADOPTING A NEW CHAPTER XXIX SO AS TO REQUIRE THAT RESIDENTIAL BUILDINGS, INCLUDING MOBILE HOMES, HAVE A MINIMUM FIRST FLOOR ELEVATION OF 12 FEET; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PRO- VIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EMERGENCY. The foregoing ordinance was read for the second time and passed on emergency by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent„ FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 23, 1955, AS AMENDED, KNOWN AS THE PLATTING ORDINANCE BY DELETING CERTAIN SECTIONS THEREOF SO AS TO DELETE THE PROVISION FOR LOTS OF 5,000 SQUARE FEET IN THAT AREA SOUTH OF AGNES AND WEST OF PORT AVENUE; PROVIDING THAT LOTS PLATTED PRIOR TO THIS ORDINANCE SHALL NOT BE DEEMED IN VIOLATION UNDER CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10637 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 JACK E. PAINTER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 5.1 ACRE AREA OUT OF LOTS 2 AND 3, SECTION 31, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS AND A 29.3 ACRE AREA OUT OF LOTS 1 AND 2, SECTION 30 AND LOTS 2 AND. 3, SECTION 31, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, SITUATED. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AND FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT, RESPECTIVELY; 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 December 29, 1971 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, preset and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10638 AMENDING THE ZONING ORDINANCE OF TFE CITY OF CORPUS CHRISTI ADOP"ED ON THE 27T1-1 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 HAROLD HOELSCHER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS -30, 31 AND 32, LOT 3, WESTCHESTER PLACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRCT; 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10639 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 E. C. PETERSON, TRUSTEE BY AMENDING. THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 1, 2, AND 3, BLOCK 1, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "13-1" 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10640 AMENDING SEC. 21-68, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND AS PARTICULARLY AMENDED BY ORDINANCE NO. 6853, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 27, 1963, SO AS TO CHANGE CERTAIN SPEED LIMITS ON STATE HIGHWAY 286; PROVIDING FOR PUBLICATION; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. i • Minutes Regular Council Meeting December 29, 1971 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano ax,,d Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO, 10641 AMENDING SECTION 21-155 OF THE CORPUS CHRISTI CITY CODE. 1958 BY ADDING THERETO A NEW ITEM PROHIBITING THE PARKING OF VEHICLES AT AN) TIME ON EITHER SIDE OF SOUTH STAPLES STREET FROM 17TH STREET TO THE WESTBOUND FRONTAGE ROAD OF PADRE ISLAND DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUN'. Y TEXAS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present aid voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10642 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS STATE LIBRARY FOR PUBLIC LIBRARY DEVELOPMENT UNDER THE LIBRARY SERV CES AND CONSTRUCTION ACT, A COPY OF SAID AGREEMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY The Charter Rule was suspended and the foregoing ordinan a was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, preser;; ural voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10643 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CROWN SERVICE CORPORATION, DEVELOPERS OF MOBILE ESTATES SUBDIVISION, WHEREBY THE CITY WILL PARTICIPATE IN OVERDEPTH OF THE SANITARY SEWER LINES IN THE SUBDIV SIGN AS PROVIDED BY THE PLATTING CR DINANCE, ALL AS IS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by t`' e following vote: Sizemoretr Branch, Gonzales, Lozano and Stark, present and voi'=g "Aye"; Bosquez abstained; and Bonniwell was absent. ORDINANCE NO. 10644 ACCEPTING THE DESIGNATION BY THE TEXAS LIBRARY AND HISTORICAL COMMISSION, UNDER THE LIBRARY SYSTEMS ACT, 1969, HOUSE BILL 260, ACTS 1969, 61ST LEGISLATURE, OF THE CITY OF CORPUS CHRISTI LA RETAMA PUBLIS LIBRARY AS A MAJOR RESOURCE CENTER WITHIN THE MEANING OF SAID ACT; DESIGNATING THE CHAIRMAN OF THE LA RETAMA LIBRARY BOARD AS CITY'S LAY REPRESENTATIVE TO THE SYSTEM ORGANIZATIONAL MEETING; ASSUMING THE POWERS AND DUTIES AS MAJOR RESOURCE CENTER HEADING THE SYSTEM DISTRICT NO. 4 AND DEFINING THE SERVICE AREA THEREIN, ANNEXING EXHIBITS "A" AND "B" HERETO; DESCRIBING THE SERVICES TO BE RENDERED BY THE CITY'S MAJOR RESOURCE CENTER TO THE LIBRARIES IN SAID DISTRICT; DECLARING SEVERABILITY; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting December 29, 1971 Page 10 • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10645 AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2 TO THE CONTRACT WITH B. E. BEECROFT COMPANY, INCORPORATED, FOR HURRICANE CELIA DAMAGE REPAIRS TO THE EXPOSITION HALL, JOB NO. 103-5501-460; APPRO- PRIATING AND REAPPROPRIATING OUT OF THE NO. 103 TOURIST AND CONVENTION FUND, ACTIVITY 5501, CODE 460, $3,647.82 FOR SAID CHANGE ORDER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gontzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10646 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION FOR SIDEWALK IMPROVEMENTS FOR THE COLISEUM AND DOWNTOWN AREA AND CITY HALL PARKING LOT EXTENSION, PROJECT NO. 220-70-127, WITH THE STIPULATION THAT CONSTRUCTION ON THE ASSESSED SIDEWALK IMPROVEMENTS SHALL NOT BEGIN UNTIL THE PUBLIC HEARING IS HELD, FURTHER SHOULD THE PUBLIC HEARING BE UNSUCCESSFUL THIS PORTION OF THE WORK WILL BE DELETED FROM THE CONTRACT; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $36,000 OF WHICH $33,686.25 IS FOR THE CONSTRUCTION CONTRACT AND $2,313.75 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10647 AUTHORIZING THE DIRECTING THE CITY MANAGER TO APPROVE LESSOR'S AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND ROGER L. GAULT DBA GAULT AVIATION INTERNATION AIRPORT, AGREEING TO SUBORDINATE THE LESSOR'S LIENS AND RIGHT TO INSTITUTE PROCEEDINGS TO ESTABLISH CLAIMS AGAINST ANY OR ALL OF THE PROPERTY PLEDGED AS COLLATERAL IN FAVOR OF SMALL BUSINESS ADMINISTRATION, A COPY OF WHICH AGREEMENT I5 ATTACHED HERETO 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. • f• Minutes Regular Council Meeting December 29, 1971 Page 11 ORDINANCE NO. 10648 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME19, PAGES 565c 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 TED ANDERSON BY AMENDING THE ZONING ivtAP BY CHANGING THE ZONING ON PORTION OF LOT 2, BYRON WILLIS SUBDIVISION 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, preselit and voting "Aye"; Bonniwell was absent. ORDINANCE NO. 10649 (This ordinance number was inadvertently skipped) Mr. Al Dyer, 4122 Christi Street, appeared to question the Council and the City Attorney relative to his previous request that the City ordinance prohibiting bingo games in the City either be enforced or repealed. Mayor Sizemore interrupted Mr. Dyer's presentation pointing out that he had appeared before this Council on December 8, making serious allegations against this Council and the Police Department claiming that he had taped information from a former policeman which implicated other policemen in certain robberies and burglaries. Mayor Sizemore advised Mr. Dyer that until he produces evidence to either substantiate these accusations or publicly apologizes to the Police Department he will not be permitted to speak before this Council. Mr. Dyer departed stating that "faced with a gun at my head, I will not play the tapes for you." He added that he would play them for the press but gave no definite time. Mr. James Stubbs of Custom Metal Builders, Inc., representing Safeway Scaffolds Equipment & Supply Company, appeared relative to his previous request for a waiver of the requirements of the ordinance requiring a standard screening fence separating business or industrial zones and residences. He presented a petition containing names and addresses of adjacent property owners indicating that they would be agreeable to waiving the requirement for the standard screening fence, some of which stated they did not want a fence at all. Mr. Stubbs stated he had understood the Council last week to indicate that if they obtained • Minutes Regular Council Meeting December 29, 1971 Page 12 a favorable views from the adjacent property owners, that the Council would consider waiving this requirement. The petition was referred to the City Manager for verification of ownerships. City Manager Townsend pointed out that under the ordinance there is no provision for the Council to waive the requirement; that there are three alternatives before the Council, all of which involve amending the text of the zoning ordinance: (1) modification of the ordinance adopting definite conditions under which the fence would be allowed; (2) modification of the text as to "residential uses;" and (3) extend the authority of the Board of Adjustment to accept a lesser type fence under certain conditions. He explained that a text amendment could be initiated by the applicant through the Planning Staff, and suggested that possibly the phrase "dwelling use" could be deleted. Mr. Stubbs stated this was a unique situation which might not occur again. He inquired if there was some way the Inspection Department could be authorized to issue a permit so as to allow them to begin construction of the foundation. Mr. Townsend stated the only way would be for them to take out a permit that the standard screening fence would be built. After consulting with his client, Mr. Miller, he stated he could not agree to that condition. Motion by Lozano, seconded by Bosquez and passed, that the Planning Commission be authorized to initiate procedures for an amendment to the text of the zoning ordinance and that deletion of the phrase "dwelling use" be considered. RESOLUTION NO. 10650 AUTHORIZING THE CITY MANAGER TO MAKE AN AMENDED APPLICATION FOR FEDERAL GRANT UNDER THE HOUSING AND URBAN DEVELOPMENT ACT OF 1965, PUBLIC LAW 89- 117 AS AMENDED, AND TO SIGN THE NECESSARY DOCUMENTS REQUIRED IN ORDER TO COMPLETE THE CONSTRUCTION OF CERTAIN SANITARY SEWER MAINS AND COLLECTOR FACILITIES IN THE CLARKWOOD-SAN JUAN AND McNORTON AREAS, CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell was absent. There being no further business to come before the Council, the meeting was duly adjourned at 3:30 p.m., Wednesday, December 29, 1971. I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of December 1, 1971 cember 31, 1971, inclusive, and having been previously approved by Council action, by me ereby aPpr• ed. OA. • RONNIE SIZE JAR T City of Corpus Christi, Owas