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HomeMy WebLinkAboutMinutes City Council - 04/12/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 12, 1972 2:00 p.m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwel I Commissioners: *Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark Hall. City Manager R. Marvin 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 The Invocation was given by The Reverend Hudson Biggio, Associate Pastor of the First Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bonniwell, seconded by Lozano and passed, that the absence of Commissioner Branch be excused because of illness. The Minutes of the Special- Council Meeting of. March 27; 1.972, and the Reg filar Council Meeting of March 29, 1972, were approved -os -submitted td. the Council. Mayor Sizemore announced the issuance of Proclamations relative to the following: EARTH WEEK, April 17 through 23, 1972; PAN AMERICAN DAY, April 14, 1972; and PAN AMERICAN WEEK, April 12 through 18, 1972. Bids were opened by Director of Engineering Services James K. Lontos, for Improvements to Sanitary Sewer Collectors, Flour Bluff Area, Contract No. 3, from the following firms: Burtex Construction, Inc.; Jalco, Inc.; and Heldenfels Brothers. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Sizemore called for the City Manager's Reports. Motion by Stark, seconded by Bonniwell and passed, that the City Manager's Reports, Items "a" through "k" be accepted, and that the requests and recommendations be approved as requested: • • Minutes Regular Council Meeting April 12, 1972 Page 2 a. That the date of May 3, 1972, 3:30 p.m., Special Meeting, be set fora public hearing on the following zoning applications: (1) Pier 1 Imports - from "8-1" to "B-4", located on the southwest corner of South Padre Island Drive and Manor Drive. (2) Roy Smith - from "R -1B" to "8-1", located on the northwest corner of Curtis Clark Drive and Everhart Road. (3) Poindexter & Wharton Sales Corporation - from "R -1B" to "B-1", located on the northwest comer of West Point Road and Molina Drive. (4) Poindexter & Wharton Sales Corporation - from "A-1" to "8-1", located on the south right-of-way line of Winnebago Street, east of Brownlee Boulevard. b. That the plansand specifications for drainage improvements in the Gardendale area, be approved, said project being funded jointly by the City, the Department of Housing and Urban Development and the plans and specifications must be submitted to the Area Office for approval prior to receiving bids, the project including underground storm sewers varying in size from 6.5' x 4 reinforced box to 15" laterals within Gardendale and an open ditch from Holly to Schanen Ditch. The specifications allow the use of either reinforced concrete pipe or smooth flow corrugated metal pipe. c. That authority to receive bids at 11:00 a.m., May 2, 1972, for one Portable Service Station, being truck -mounted equipment and providing portable servicing, gas, oil, greasing, and air, for all types of heavy and automotive equipment, be approved. d. That a contract be awarded to Northwest Bridge & Tank Co., for their low bid of $36,333 to repair and paint the 250,000 gallon water tank located at Mestina and Sam Rankin, Bids were received from five firms. e. That the revocable easement granted to Getty Oil Company on July 14, 1971, be assigned to McMoRan Exploration Company - Getty Oil Company is negotiating an agreement with McMoRan Company whereby the latter will lay the necessary pipelines to transport production from Getty Oil leases in the Flour Bluff Area. f. That Thomas Y. Pickett & Company, Inc., of Dallas, Texas, be employed to provide January 1, 1972 appraisals of value and expert testimony before any Board of Equalization and in any court proceeding involving the question of values for taxation purposes - all properties located in the City and/or C.C. Independent School District: Minutes Regular Council Meeting Apri 112, 1972 Page 3 (1) Appraisal of oil and gas properties and pipelines $ 9,750 (2) Appraisal of refineries, gasoline plants, recycling plants, storage facilities, stored products, tank farm anal facilities, and specified industries (American Smelting & Refining Co.; Celanese Chemical Co.; Centex Cement Corp.; CPC Inter- national, Inc.; and PPG Industries, Inc.) 6,500 g. That the City Manager be authorized to execute the 1972 Continuing Phase Agreement of the Corpus Christi Urban Transportation Study, which agreement is entered into by the govern- mental bodies of the State of Texas, Nueces and San Patricio Counties, the City of Portland and Corpus Christi, and makes these bodies responsible for updating and keeping current such items:as: inventory of highways and streets, traffic volumes and time studies, accident summaries, population and land use, inventory of transportation facilities, and financial expendtures on•public roads. h. That the 1971 National Electrical Code be adopted, with amendments, to replace the effective 1968 National Electrical Code and the . / date of the Code be July 1, 1972 - major revisions in the Code including ground fault protection and temporary wiring regulation. The adopted ordinance provides amendments to the NEC, the most noteworthy being: (1) deletion of a require- ment for a licensed electrician to hook up replacement motors on air conditioners, and refrigeration equipment, and (2) the provision to allow permits to be issued to property owners for electrical installation or maintenance in single family dwellings owned and occupied by the propertyowner. i. That a public hearing on assessments for the Moravian Drive and Airport Park Street Improvements, be set for May 10, 1972, at 3:00 p.m. - the streets to be improved are: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Moravian Drive, from Padre Island Drive to McArdle Road Beechcraft, from Post Avenue to Ryan Street Fleet Avenue, from Ryan Street to Beechcraft Avenue Fairchild Street, from Post Street to Virginia Street Cub Street, from Post Street to Virginia Street Lockheed Street, from Post Street to Virginia Street Wright Street, from Post Street to Virginia Street Stinson Street, from Post Street to Virginia Street Braniff Street, from Post Street to Virginia Street Eastern Street, from Post Street - Old Robstown Road to intersection of Virginia Street. j. That the plans and specifications for the improvements to Pine and Pueblo Park and the T. C. Ayers Parking Lot be approved, and bids be received at 2:00 p.m., on May 3, 1972 - plans including general grading, equipment, picnic tables, benches and barbeque grills in the Park, and landscaping, sidewalk improvements, and irrigation system for the Parking Lot Improvements. • • Minutes Regular Council Meeting April 12, 1972 Page 4 k. That a public hearing be set for April 26, at 3:30 p.m., on the annextion to the City of Lot 2, Block 1, South Clarkwood Acres at regular City rates with the provisions that the above property be contractually annexed at the time these services are provided. City Manager Townsend advised the Council that Corpus Christi Transportation Company has requested a taxicab rate increase of approximately 28 percent. He stated the request will be referred to the Director of Finance for investigation and a recommendation brought back to the Council. ORDINANCE NO. 10787 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Moravian Drive, from Padre Island Drive to McArdle Road. 2. Beechcraft, from Post Avenue to Ryan Street. 3. Fleet Avenue, from Ryan Street to Beechcraft Avenue. 4. Fairchild Street, from Post Street to Virginia Street. 5. Cub Street, from Post Street to Virginia Street. 6. Lockheed Street, From Post Street to Virginia Street. 7. Wright Street, from Post Street to Virginia Street. 8. Stinson Street, from Post Street to Virginia Street. 9. Braniff Street, from Post Street to Virginia Street. 10. Eastern Street, from Post Street -Old Robstown Road intersection to Virginia Street. REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNCY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. The foregoing ordinance was duly filed for record, giving notice, in the Office of the County Clerk. SECOND READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING MAXIMUM SPEED LIMIT OF 45 MPH ON LEOPARD STREET BETWEEN REHFIELD ROAD AND UPRIVER ROAD, AND IN LIEU THEREOF PROVIDING FOR MAXIMUM SPEED LIMIT OF 45 MPH AT ALL TIMES ON LEOPARD STREET FROM 1000 FEET EAST OF THE EAST RIGHT OF WAY LINE OF CALLICOATTE ROAD TO REHFIELD ROAD; ADDING AN ITEM TO SECTION 21368 SO AS TO PROVIDE FOR INCREASE OF STATE SPEED LIMIT ON NAVIGATION BOULEVARD BETWEEN UPRIVER ROAD AND LEOPARD STREET; AMENDING SECTION 21-155, SCHEDULE III, BY ADDING AN ITEM THERETO SO AS TO PROHIBIT PARKING AT ALL TIMES ON WESTBOUND I.H. 37 FRONTAGE ROAD, NORTH SIDE, BETWEEN MCBRIDE LANE AND LANTANA STREET; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. • Minutes Regular Council Meeting April 12, 1972 Page 5 The foregoing ordinance was read For the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stork, present and voting "Aye"; Bosquez and Branch were absent. ORDINANCE NO. 10788' APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FQR THE IMPRQV- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Moravian Drive, from Padre Island -Drive to McArdle Rood. 2. Beechcroft, from Post Avenue to Ryan Street. 3. Fleet Avenue, from Ryan Street to Beechcraft Avenue. 4. Fairchild Street, from Post Street to Virginia Street. 5. Cub Street, from Post Street to Virginia Street. 6. Lockheed Street, from Post Street to Virginia Street. 7, Wright Street, from Post Street to Virginia Street. 8. Stinson Street, from Post Street to Virginia Street. 9. Braniff Street, from Post Street to Virginia Street. 10. Eastern Street, from Post Street -Old ,Robstown Road intersection to Virginia Street. DETERMINING ANP FIXING THE PORTION OF SAID COSTS 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, MAY 10, 1972, AT 3:00 O'CLOCK P.M., 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye'; Bosquez and Branch were absent. ORDINANCE NO. 10789 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOS. Y. PICKETT & COMPANY, INC., OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES AND FOR THE APPRAISAL AND VALUATION OF CERTAIN 011 REFINING AND RELATED PROPERTIES AND CERTAIN INDUSTRIAL PROPERTIES, LOCATED IN THE CITY OF CORPUS CHRISTI, TEXAS AND/OR THE CORPUS CHRISTI INDEPEN- DENT SCHOOL DISTRICT FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $16,250 FOR PAYMENT OF THE AFORESAID SERVICES; AND DECLARINGANEMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. Minutes Regular Council Meeting April 12, 1972 Page 6 ORDINANCE NO. 10790 • AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR ARCHITECTURAL SERVICES WITH THE FIRM OF PAGE, 'SOUTHERLAND, PAGE & WHITTET, FOR THE ADDITION TO THE CORPUS CHRISTI INTERNATIONAL AIRPORT TOWER BUILDING, ALL AS MORE FULLY SET FORTH IN THE SAID CONTRACT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND THE SUM OF $31,000, OF WHICH AMOUNT $30,000 IS FOR THE ARCHITECTURAL FEE AND $1,000 IS FOR INCIDENTAL EXPENSES RELATED TO TESTING, SOIL; INVESTIGATION, ETC., ALL iN CONNECTION WITH PROJECT NO. 245-68-14, AIRPORT TOWER BUILDING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. ORDINANCE NO. 10791 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $15,600 APPLICABLE TO HILLCREST PARK, PROJECT NO. 291-70-10.1, FOR RELOCATION PAYMENTS TO FAMILIES DISPLACED AS A RESULT OF THE H.U.D. ASSISTED CONSTRUCTION OF HILLCREST PARK, H.U.D. PRO- JECT NO. TEX-OSC-85 (DL); AUTHORIZING THE CITY MANAGER OR DIRECTOR OF URBAN. DEVELOPMENT TO APPROVE THE AFORESAID PAYMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. ORDINANCE NO. 10792 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE STATE OF TEXAS, THE COUNTY OF NUECES, SAN PATRICIO COUNTY, AND PORTLAND, TEXAS FOR A CONTINUING, COMPREHENSIVE, TRANSPORTATION STUDY FOR THE URBAN AREAS OF CORPUS CHRISTI AND NUECES COUNTY, AND PORTLAND, TEXAS AND SAN PATRICIO COUNTY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 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, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. ORDINANCE NO. 10794 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 PARTI- CULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON (1) ALL OF LOT B, SAMMONS ADDITION FROM "B -1A" TOURIST COURT DISTRICT, "R -1B" ONE - FAMILY DWELLING DISTRICT AND "SP" SPECIAL PERMIT TO "B-4" GENERAL BUSINESS DISTRICT: (2) ALL OF LOT 1, BLOCK A, MANOR TERRACE, FROM "B -1A" TOURIST COURT DISTRICT TO • Minutes Regular Council Meeting April 12, 1972 Page 7 "B-1" NEIGHBORHOOD BUSINESS DISTRICT; (3) PORTIONS OF LOTS 5 THROUGH 9, GENEGY ADDITION FROM "B -1A" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; (4) "B -1A" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON A PORTION OF OUR LADY OF PERPETUAL HELP TRACT; AND (5) A PORTION OF LOT E, WILKEY ADDITION, UNIT 02 FROM "R-113" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; SAID TRACTS OR PARCELS OF LAND BEING Slh'UATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PRO- VISIONS 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: Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore abstaining; Bosquez and Branch were absent. ORDINANCE NO. 10797 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON (1) ALL OF BLOCK 29; LOTS 1 THROUGH 6, BLOCK 1; AND LOTS 1 THROUGH 11, BLOCK 2, ALL SUCH AREAS OUT OF POPE'S BROADWAY ADDITION, FROM "A-2" APART- MENT HOUSE DISTRICT TO "B-5" PRIMARY BUSINESS:DISTRICT; AND (2) ALL OF LOTS 10 THROUGH 15, BLOCK 1; LOTS 12 THROUGH 22, BLOCK 2, ALL OUT OF POPE'S BROADWAY ADDITION; AND ALL OF BLOCK 6; LOTS 1 THROUGH 5, BLOCK 1, ALL SUCH AREAS OUT OF SOUTH BLUFF ADDITION; AND THE WESTERLY PORTION OF HOFFMAN TRACT; AND ALL OF THE ABANDONED TEX-MEX RAILROAD RIGHT OF WAY BETWEEN N. TANCAHUA STREET AND UPPER NORTH BROADWAY FROM "1-3" HEAVY INDUSTRIAL DISTRICT TO "B-5" PRIMARY BUSINESS DISTRICT; SAID TRACTS OR PARCELS OF LAND BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore abstaining; Bosquez and Branch were absent. RESOLUTION NO, 10798 INCORPORATING RESOLUTION NO, 10705, PASSED AND APPROVED ON FEBRUARY 9, 1972, AND EXPRESSING THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI AS BEING IN FAVOR OF THE DEVELOPMENT OF A STATE PARK ON MUSTANG ISLAND AS PROPOSED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT: REQUESTING THE MEMBERS OF THE TEXAS PARKS AND WILDLIFE COMMISSION AND SPECIFICALLY IMPLORING THE NEW MEMBERS OF SAID COM- MISSION TO PERFECT ANY AND ALL CONTRACTS EXISTING OR CONTEMPLATED FOR DEVELOPMENT OF A STATE PUBLIC PARK ON MUSTANG ISLAND; DIRECTING THE CITY SECRETARY TO SEND A CERTIFIED COPY OF THIS RESOLUTION TO SAID COMMISSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore,, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. • Minutes Regular Council Meeting April 12, 1972 Page 8 FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THECITY MANAGER TO ENTER INTO A CONTRACT FOR OPERATION OF THE CITY CAR POUND WITH THE R. C. WRECKER SERVICE IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A", WHICH IS MADE A PART HEREOF THE SAME AS IF WRITTEN HEREIN. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. RESOLUTION NO. 10799 RESOLUTION EXPRESSING SYMPATHY AND CONDOLENCE FROM THE CITY COUNCIL UPON THE OCCASION OF THE DEATH OF REAR ADMIRAL JOSEPH B DUNN; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and. Stark, present and voting "Aye"; Bosquez and Branch were absent. RESOLUTION NO. 10800 EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF CORPUS CHRISTI OF H,R. 11950 BY REPRESENTATIVE WILBUR MILLS, COMMONLY REFERRED TO AS THE "FEDERAL REVENUE SHARING PLAN" AND URING THE MEMBERS OF CONGRESS TO.PA$S SAID BILL IN VIEW OF ITS VITAL IMPORTANCE TO THE STATES AND CITIES OF THESE UNITED STATES; DIRECTING THE CITY SECRE- TARY TO FORWARD CERTIFIED COPIES OF THIS RESOLUTION TO THE MEMBERS OF THE TEXAS LEGISLATIVE DELEGATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Gonzales, Lozano and Stark, present and voting "Aye"; Bosquez and Branch were absent. Mayor Sizemore stated that the remaining ordinances appearing on the agenda would be deferred until later in the meeting. Mayor Sizemore announced that following a workshop meeting this morning, a statement, motivated by certain incidents which occured in April 16, involving Police Officers resulting in unrest among the officers, had been endorsed by a majority of the Council, and directed that the following statement be made a part of the official minutes of this meeting. The statement was as follows: "The City Charter provides in part: "The policemen constituting the police division of the City of Corpus Christi shall be, and they are hereby, invested with all the power qnd authority given to them as peace officers under the laws of the State of Texas in taking cognizance of, and in • Minutes Regular Council Meeting April 12, 1972 Page 9 enforcing the criminal laws of the state and ordinances and regulations of the city within the limits of the city, and it shall be the duty of each such policeman to use his best endeavors to prevent the commission within the city of offenses against the laws of said state and against the ordinances and regulations of said city; to observe and enforce all such laws, ordinances and regulations; to detect and arrest offenders against the same; to preserve the good order of the city and to secure the inhabitahts thereof from violence, and the property therein from injury." The City Council fully supports the Police Department and its officers and men in their carrying out of the gbove functions." Mayor Sizemore added the following comments, stating they were his own personal views and endorsement of our policemen: "The Mayor fully supports the Police Department and its officers and men in their carrying out its functions as described by the City Charter, and whereas, the Mayor commends the Police Deportment of this City for the outstanding job it has done in the past in preserving the peace and insuring the livability of this City." Mayor Pro Tem Bonniwell made the following comments: "In many instances people forget that the Police are human -- just like everyone else. Often they are called upon to put aside their basic, justifiable, human feelings in order to avoid violence. The Police Departments, its officers and men are to be commended for having the temerity to set these feelings aside and perform their appointed duties." Commission Stark concurred in the comments of Mayor Sizemore, and commended the Police Department for its outstanding job in the past in preserving the peace and assuring the livability within this City. Mayor Sizemore called for petitions from the audience on matters not scheduled on the agenda. Mr. Andy Gonzales, 3606 Wright, accompanied by Mr. Domingo Castillo, appeared representing one of several of the organizations established by the Police Community Relations Committee, and requested that the Council take steps to control the sale of paint now being sold to minors. He stated that paint sniffing has become a problem among our youth equal to that of glue sniffing, and asked for similar controls. City Manager Townsend stated that a solution of this problem would be expedited through the Staff, and that he was certain some type of regulations could be worked out, • Minutes Regular Council Meeting April 12, 1972 Page 10 Mrs. A. R. Lira, 428 Hiawatha, appeared and requested that the blinking light which had been in operation at Balboa and Baldwin be reinstalled. She stated the signal is needed because some 350 school children cross at that intersection every morning and evening. She stated that even though the traffic light is there, out-of-town motorists are not aware of the school zone. She also requested that more street lights be placed in.front of the Austin School. City Manager Townsend advised Mrs. Lira that it would be appropriate for her to appear before the Traffic Safety Advisory Board relative to the request for the blinking light, but that he would report the request to the Traffic Engineer. He pointed out that the procedure of the City is to place street lights on the public rights of way, but relative to installing lights on school property, advised Mrs. Lira to contact the appropriate School Officials, as they would have tg give their permission to use school property. Mr. Bob Sorrell, Jr., attorney representing Mr. Jock Mitchell, appealed to the Council to consider today the request of Mr. Mitchell for permission to install a water line for development of an 18.65 acre tract of land at Cuddihy Field. Mr. Sorrell stated his client is willing to pay the City for this service, that they would build according to the City Code; andwould voluntarily annex the property by contract, Mr. Sorrell described the development stating it is to be a very nice reasonable cost housing project which would rehabilitate on existing blighted area. He stated it was his understanding that this matter was to have been on today's agenda as a pending item. Mayor Sizemore explained that the pending matter of the City's Outside City Limits policy was discussed at workshop meeting: this morning, but that a decision had not been reached. He pointed out that if Mr. Sorrell's request were granted it would automatically set a policy on which the Council hasnot yet agreed. He stated he felt a decision at this time would be premature. Mr. Sorrell stated that he did not believe the Council's approval of this request would of conflict with any decision/the Council regarding a policy since they are agreeing to all alternatives in question. Commissioner Stark stated he did not see wherein granting the request wouldbe setting any kind of precedent or affect the policy if the developer agreed to voluntarily annex by contract; pay for the water service and sewer system; and build according to the City Code. • Minutes Regular Council Meeting April 12, 1972 Page 11 City Manager Townsend stated his recommendation would be in accordance with the proposal set forth in Mr. Sorrell's letter of March 31, 1972, and that the Council would be voting on whether or not to accept this proposal. Motion by Bonniwell, seconded by Stark, that the proposal contained in Paragraph 1 of Mr. Sorrell's letter of March 31, 1972, for installing on 8 -inch water line from the water main on Old Brownsville Road to the subject property at the developer's cost, with an option to the City to oversize should it desire, be approved; that the annexation requirement be waived, and that the developer be required to build according to standards set by the City Codes. xr Mttion by Lozano, seconded by Gonzales and passed, that the foregoing motion be temporarily tabled pending further discussions later this afternoon of the OCL water policy, review of the map and consideration of the annexation factor relative to this request. *Commissioner Bosquez reported present at the Meeting at this time, Mayor Sizemore presented ordinances identified on the agenda as "h "j"; and "k", which were temporarily deferred earlier in the meeting, and asked if there were those in the audience who wished to speak relative to any of these ordinances before the City Secretary polled the Council. No one appeared. ORDINANCE NO. 10793 AMENDING THE ZONING ORDINANCE OF THE CIN OF CORQUS 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 CADWALLADER DEVELOPMENT CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF BLOCK 1, STONEGATE NORTH, UNIT 01, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-18" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT 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 suspended by the following vote: Sizemore, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell disqualified and Branch was absent. The foregoing ordinance was passed by the following vote: Sizemore, Bosquez, Gonzales, Lozano. and Stark, present and voting "Aye"; Bonniwell disqualified and Branch was absent, • Minutes Regular Council Meeting April 12, 1972 Page 12 ORDINANCE NO. 10795 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADAPTED 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON (1) ALL OF LOT F, MT. VERNON SUBDIVISION FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT; (2) A PORTION OF LOT 16, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT AND "R -1B" ONE -FAMILY DWELLING DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT; (3) A PORTION OF LOT 16, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "R -TB" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT' AND (4) "R -1B" ONE -FAMILY DWELLING DISTRICT TO "8-4" GENERAL BUSINESS DISTRICT ON A PORTION OF LOT 3, 050 FARM TRACTS; SAID TRACTS OR PARCELS OF LAND BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell voting "Nay"; Sizemore abstaining; and Branch was absent. ORDINANCE NO. 10796 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 THE CITY OF CORPUS CHHR!ST; BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON (1) ALL OF LOT J, MT. VERNON SHOPPING CENTER FROM "13-1" NEIGHBOR- HOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; (2) A PORTION OF LOT 9, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "8-1" AND "R -1B", NEIGHBORHOOD BUSINESS DISTRICT AND ONE -FAMILY DWELLING DISTRICT RESPECTIVELY, TO "8-4" GENERAL BUSINESS DISTRICT; AND (3) A PORTION OF LOT 9, SECTION 3, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY DWELLING DISTRICT; SAID TRACTS OR PARCELS OF LAND BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Bonniwell voting "Nay"; Sizemore abstaining; and Branch was absent. Mr. Jack Kelso, attorney for property owners in the Stonegate area and opponents of the zoning change, questioned the vote on Ordinance No. 10793 on the basis that the 20 percent rule was in effect, that one Councilman was disqualified and one absent, and that five affirmative votes was not a sufficient majority, and contended that six affirmative votes are needed to legally adopt the ordinance. Minutes Regular Council Meeting April 12, 1972 Page 13 City Attorney Riggs defended the action and declared the Ordinance had passed. A discussion followed between Mr. Kelso, Mr. Riggs, Attorney Tom McDowell and the Council, regarding the law as applied to the 20 percent rule, and there was disagreement as to what constituted sufficient affirmative votes when the 20 percent ruled; in effect. Mayor Pro Tem Bonniwbli's disqualification was questioned by persons opposing the passage of the ordinance, pointing out that he had participated in the voting on the same application previously and had voted against the proposed zoning change. Mayor Sizemore stated that the Council is bound to abide by the ruling of the City Attorney, and that further arguments would necessarily have to be between the opponent's counsel and the Legal Staff of the City. Mr. Kelso insisted that the validity of the vote should definitely Ise determined here and now rather than to be resolved in the courts. City Attorney Riggs requested that time be permitted. for a review of the law on the subject of the 20 percent rule. Following a brief recess, Mayor Sizemore reconvened the meeting. Mayor Pro Tem Bonniwell mentioned that he had voted no previously but that he had disqualified himself in connection with this application for rezoning for the reason that his law firm had had some legal representations since the Council turned down the previous request for rezoning of two tracts near Stonegate. He stated he felt that such representation amounted to a conflict of interest and that he has previously advised the City Attorney who concurred. Dr. Joseph C. Rupp, opponent at the hearing, requested that the Council be palled as to their reasonsforvoting for the adoption of the ordinance, which request was denied. Opponents in the audience complained that Mayor Sizemore hod not identified the ordinance when it was read, and that they hod not been given an opportunity to speak. He stated that he had identified the ordinonce, but agreed to reconsider the ordinance if the Council so desired. Motion by Stork that the Council's action be rescended and that the ordinance be regon- sidered. The motion died for lock of a second. • Minutes Regular Council Meeting April 12, 1972 Page 14 City Attorney Riggs stated that following his research of the law, his conclusion was that since one member had disqualified himself, the Council was constituted as a six -member Council, and that only five votes were needed to represent a three-fourths majority, He supported this conclusion by citing authorities from the low and a ruling of the Supreme Court. Mr, Riggs declared the ordinance in question was legally adopted. Commissioner Stark explained that he had voted against the request for a zonin0 change or: this originally because he felt the property owners in the Stonegate area had bought their property in good faith and with the understanding that all of that property would remain "R -1B", and that he had since changed his mind because facts have been presented and he does not see the case with the same criteria as before. Mayor Sizemore announced the Council would now hear the scheduled public hearings on three zoning cases. City Manager Townsend presented Application 0372-2, Harold T, Hertgraves, far change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on all of Lots 13 & 14, Block 6, Woodlawn Addition, located on the south side of the 6500 Block of Sayth Padre Island Drive. He explained that the request was heard by the Planning Commission March 14, 1972, and forwarded to the Council with the recommendation that it be approved as p logical extension of "B-4" zoning, and that the Staff concurred in this recommendation. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Plan- ning Commission be concurred in and that Application #372-2, Harold T. Hartgrayes, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on all of Lots 13 & 14, Block 6, Woodlawn Addition, be approved as requested, and that an ordinance be broyght forward effectuating the change. City Manager Townsend presented Application #372-3, Richard P. Church, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on all of Lot 2B and the remaining portions of Lots 1A and 12, Ave Cooper Subdivision, located an the southeast corner of Ivy Lane and Gollihar Road. He presented background information, and stated • Minutes Regular Council Meeting April 12, 1972 Page 15 that the case was heard by the Planning Commission March 14, 1972, and forwarded to the Council with the recommendation that the request be denied, but in lieu thereof "AB" Professional Office District be approved, and that the Staff's recommendation was *at the request for "Bei" be denied. Mr. Richard P. Church, applicant, stated the recommendation of the Planning Commission for "AB" Professional Office District would be acceptable if the adjoining lot could be used for parking. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzales, seconded by Bosquez and passed, that the hearing be closed. City Manager Townsend explained that there hod been considerable opposition to the request at the Commission hearing relative to the use of the parking lot and construction of the standards screening fence between the two lots which would block the service areas. He stated then: was objection to the existing fried chicken operation to the east as o nuisance because of blowing trash and cooking odors. Motion by Lozano, seconded by Bosquez and passed, that the hearing be reopenedfor reconsideration. Mr. Church stated that the original letters which were mailed to the property owners were in error because it was shown that both areas were being submitted for re -zoning. He inquired if he would be required to construct a standard screening fence along the other two boundaries of the property, and he was advised that this would not be a requirement under the "AB" classification, Motion by BonniwelI, seconded by Gonzales and passed, that the hearing be closed, and that Application 0372-3, Richard P. Church, for change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District on all of Lot 2B and the remaining portions of Lots IA and 12, Ava Cooper Subdivision, be denied, but in lieu thereof g Special Permit be granted according to an approved site plan, and that an ordinance be brought forward effectuating the Special Permit. City Manager Townsend presented Application 0272-18, Ricardo Gonzales,.for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on the south 1/4 of the north :1/4 of Section "C", Paisley Subdivision of the Hoffman Tract; fronting 254.09 feet on Gollihar Road and having a depth of 150 feet on Spring Street, located on the northwest • • Minutes Regular Council Meeting April 12, 1972 Page 16 corner of:$pring Street and Gollihar Road. He explained that the request was heard by the Planning Commission March 14, 1972, and forwarded to the Council with the recommendation that it be approved because there is a definite transition coming in this area, the residential area is deterioroting to such an extent that future single-family development would not be justified, and because of the increased traffic flow and recent widening of Gollihar Road. He stated the Staff pointed out factors which would result in problems if the request is granted, but did not wisfi to make a recommendation at this time. He stated these factors were pointed out et the Commission hearing. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Gonzoles, seconded by Bosquez 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 0272-18, Ricardo Gonzoles, for change of zoning from "R -1B" One -family Dwelling District to "8-1" Neighborhood Business District on the south 1/4 of the north 1/4 of Section "C", Paisley Subdivision of the Hoffman Tract; fronting 254,.09 feet on Gollihar Road and having o depth of 150 feet on Spring Street, be approved as requested,, and that an ordinance be brought forward effectuating the change. The Meeting was recessed at 4:15 p.m,, during which time the Council held a workshop meeting in thetCity Manager's office. Mayor Sizemore reconitened the meeting at 5:15 p.m. for consideration of the tabled motion relative to the request of Mr. Bob sorrel) for water service to Cuddihy Field. Motion by Bonniwell, seconded by Gonzales and passed, that the following motion, as amended be considered: Motion by Bonniwell, seconded by Stork, that the proposal contained in Paragraph 1 of Mr. Bob Sorrell's letter of March 31, 1972, for installation of an 8 -Inch water line from the water main on Old Brownsville Rood to the subject property at the developer's cost, with an option to the City to oversize should it desire, be approved; that the annexation requirement be waived, that the developer be required to build according to standards, set by the City, be responsible for sewage treatment problems, bound by all regulatory ordinances and by the OCI. policy as adopted by the Council. • , 0 Minutes Regular Council Meeting April 12, 1972 Page 17 The Council was polled and Mayor Sizemore declared the foregoing motion passed, There being no further business to come before the Council, motion by Sonniwell that the meeting be adjourned, 5;30 p.m., April 12, 1972. s ..