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HomeMy WebLinkAboutMinutes City Council - 04/19/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 19, 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 Assistant City Attorney Hal George 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 Maurice Cadwallader of First Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Stark, seconded by Lozano and passed, that the absence of Commissioner Branch be excused because of illness. The Minutes of the Regular Council Meeting of April 5, 1972, and the Special Council Meeting of April 5, 1972, were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations as follows: BETA SIGMA PHI WEEK, April 22 through 30, 1972; PINAFORE DAY, April 26, 1972; and NATIONAL' SECRETARIES WEEK, April 23 through 29 - NATIONAL SECRETARIES DAY, April 26, 1972. Mr. Eduardo de Ases, Chairman of the Tampico Branch of the Sister City Progrotn, read a letter dated March 27, from the Mayor of Tampico, first in Spanish and then interpreted in English, that a delegation from Tampico plans a visit to Corpus Christi in the near future to repay a visit made by a Corpus Christi delegation one year ago. The letter directed that its message be conveyed to the Mayor and City Council. Mr. Forrest Allen, former President of the Corpus Christi Board of Realtors, presented a report on "Operation Identification" or the "Beat the Thief" Program presently being sponsored locally by the Corpus Christi Board of Realtors Association. He explained that the "Make America Better" program had been launched by the National Board of Realtors and reports reflect that in some cities the offenses have been cut as much as 50 percent. He described the program, stating that it is to identify everything in a person's home with decals displayed to let the thief know that • Minutes Regular Council Meeting April 19, 1972 Page 2 this has been done. Mr. Allen expressed appreciation for the cooperation the City has already given through attendance of meetings by Commissioner Stark and Chief Avent. He stated that anyone desiring more information or guidelines regarding the program should contact any member of the Board or call the Board Office on Reid Drive. Motion by Bonniwell, seconded by Lozano and passed, that the nominations of Mayor Sizemore be approved and confirmed, and that Odell Ingle, M. L. Ramirez and Harry Pinson, be reappointed to serve the ensuing term on the Board of Equalization., Motion by Bonniwell, seconded by Stark and passed, that Maurice Colvin, Director of Human Relations, to replace Reverend Branch temporarily on the Community Action Board, be approved and confirmed. City Manager Townsend presented for the Council's consideration the following ordinance: ORDINANCE NO. 10803 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY Of CORPUS CHRISTI, NUECES COUNTY, TEXAS: GOLLIHAR ROAD FROM CADDO TO AIRLINE ROAD REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF TFE COUNTY 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. Mayor Sizemore announced the public hearing on the closing of the portion of Gateway Drive abutting Lots 1 and 12, Block 3, and Lots 15 and 16, Block 4, Gateway Park Subdivision, lying between Cline and O'Connell Streets. City Manager Townsend presented the request stating that it had been made by Mrs. G. W. Billings and Mrs. Arnold, adjacent property owners. He pointed out the location on the map and explained that the applicants wish to build a home on an area which would extend over the portion requested to be closed. He stated the applicants have provided the required information and that the request had been submitted to the various City Departments for their comments. The Planning Department reported that the area is presently in a state of bad repair, is filled with junk and Minutes Regular Council Meeting April 19, 1972 Page 3 rubbish such as old cars, boats and refrigerators; the street does not exist on the ground, and that they have no objection to the closing provided the necessary easement is retained for drainage facilities. Mr. Townsend stated that the right-of-way is not needed for utility installations but an easement is needed for present or future drainage construction, and that he concurs in the recommendation of the Planning Department. Mr. E. J. Hutchins, 3234 Catcay, owner of Lot 16, Block 4, stated that he was not opposed to the proposed closing but pointed out that the applicants plan to build a residence and the property is zoned for business. Mr. Townsend explained that the zoning would not be changed and that the closed portion would be divided equally between the abutting property owners. Mr. and Mrs. Ewing Hicks, Jr., 3045 Washington, stated they had no objection to the closing so long as it does not affect the zoning of the property, but were concerned if the proposed drainage facility would be an open ditch. Mr. Townsend explained that the ditch is presently open, but that the plan is that it be connected with the Padre Island Drive drainage facility and would be closed. *Commissioner Bosquez reported present at the meeting at this time. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the recommendation of the Staff be concurred in and that the request to close the portion of Gateway Drive abutting Lots 1 and 12, Block 3, and Lots 15 and 16, Block 4, Gateway Park Subdivision, lying between Cline and O'Connell Streets, be closed subject to the necessary easement being retained for a drainage facility, and that an ordinance be brought forward effectuating the closing. Mayor Sizemore called for the City Manager's Reports. Motion by Lozano, seconded by Gonzales and passed, .that the City Manager's Reports, Items "a" through "q"' be accepted, and that the requests and recommendations be granted and approved as follows: a. That the authority to receive bids at 11:00 a.m., May 9, 1972, for a replacement Trailer Mounted Air Compressor for the Sewer Division, be granted. b. That a contract be awarded for Electrical & Air Conditioning improvements to the Computer Room in the Public Utilities Building, to Mathieu Electric Company of Corpus Christi, for their low bid of $10,557.00, bids having been received from five firms. • Minutes Regular Council Meeting April 19, 1972 Page 4 c. That the authority to purchase $3,000,000 Excess Liability insurance from Emmco Insurance Company, South Bend, Indiana, for International Airport for the period May 7, 1972, to March 31, 1974, for a total premium of $12,343, be granted; premium rates being the same as the last policy; the expiration on March 31, 1974 is recommended in order to bring related insurance policies to a common expiration date. d. That the Compensation Ordinance, Section 9 - Holidays, be amended to change the date scheduled for Memorial Day Holiday from May 30 to May 29 with the schedule then reverting back to May 30. This will conform with the Federal Monday Holiday for Memorial Day and provide City employees a 3 -day holiday. e. That a resolution authorizing the City Manager to sign all documents pertaining to the construction of the boat romp and agreeing that the City will maintain the facility, be adopted. Financial participation by the Bureau of Outdoor Recreation and the Texas Parks and Wildlife Department hos been previously requested, and final approval for the boat ramp project is not expected until October, 1972. f. That the City Manager be authorized to execute a First Amendatory Contract with the Department of Housing and Urban Development providing for the substitution of land In the Hudson Acres Park Project as approved by Resolution No. 10734 dated July 28, 1971. g. That the City Manager be authorized to execute a real estate sales contract with Mr. and Mrs. Phil Massad for the acquisition of Parcel No. 1, located on the northwest corner of Ocean Drive and Airline, for improvements to Airline Road from Alameda to Ocean Drive, and that $3,004 be appropriated of which $2,904 is for acquisition and $100 for closing costs, this being the third of four parcels being purchased for this project. h. That the preliminary assessment roll for Gollihar Street Improvements, Caddo to Airline, as prepared by the Department of Engineering Services, be approved and a public hearing on the assessments be held May 17, 1972. Bids were received April 5, and the assessment roll is prepared in accordance with the City's assessment policy. i. That the plans and specifications for the construction of Airline Road, from Alameda to Ocean Drive, be approved and authority be granted to receive bids on May 10, at 2;00 p.m. The plans provide four lanes plus a turning lane between Gaines and Alameda with sidewalks on both sides of the street. • • Minutes Regular Council Meeting April 19, 1972 Page 5 j. That the City Manager be authorized to sign a cession agreement with the City of Odem ceding a portion of the City of Corpus Christi's 5 -mile extra -territorial control area that overlaps the 1/2 mile control area of Odem, Odem having passed a platting ordinance and having adequate powers to regulate subdivisions within this overlapping jurisdiction. k. That the Director of Public Utilities be authorized to execute contracts for the sale of irrigation water for periods not to exceed 5 years and according to the City's standard form contract which will be attached to the authorizing ordinance subject to modifications by the City Manager. There is notty pending the request of Mr. R. C. Meuth to irrigate 491.97 acres near George West adjacent to Lake Corpus Christi. I. That the City Manager be authorized to submit an application for Federal Funds from the Department of Agriculture for a nutritions progrcrn to be conducted jointly with the City Summer Recreation Program, requesting $100,800 Federal funding which will provide a lunch program for 8 weeks at 13 sites to be served through the Food Service Center of the Corpus Christi Independent School District. The local share will be in the supervision, space and other services, and will not involve additional costs. m. That a contract be awarded to Loy$I W. Richardson in the demount of $194,068.58 for boat slips, renovation of piers and pilings, and construction of Pier A in the Marina, on the basis of the base bid plus Alternates 1, 2 and:3, for Pier B, the addition of a portion of Alternate 5 which includes 31 ladders along the perimeter of the L -Head and the T -Head, and Alternate 6, water distribution system; an appropriation of $197,000.00 being requested, including $2,931.42 for related costs. n. That a contract between the City and the Texas Water Development Board with the City being a cooperator in an existing contract between the Texas Water Development Board, the U. 5. Geological Survey, and the Texas Parks and Wildlife Department, be approved. This study is to determine the water quality and related environmental conditions in the Corpus Christi bay system. The City's participation VSs a cooperator will be $30,000.00 to be paid after the 1st of May, 1972. o. That authority to award a bid to General Electric Corporation for thirteen two-way mobile units at $529.00 each for Public Utilities, Public Works, Park and Recreation, and the Health Department, nine 4 -watt, 4 -channel Handie Talkies at $839.00 each and one 90 -watt base station • Minutes Regular Council Meeting April 19, 1972 Page 6 for the Gas Division, be granted. Funds are provided in the 1971-72 budget for this equipment; the units will be awarded on the basis of bids receive by the Coastal Bend Council of Governments for the Police Communications System: 13 - 80 Watt,Mobile Units for Utility, Public Works & General Government @ $529 ea. $6,877 9 - 4 Watt, 4 Channel, Handle Talkies for Fire Division @ 839 ea,.. 7,551 1 - 90 Watt, Base Station for Gas Division@1,037 ea. 1,037 $1.-51.65 p. That the public hearing on annexation of South Clarkwood Acres schedule for April 26, 1972, be rescheduled for May 3, 1972. q. That an annexation hearing be held on May 3, and a zoning text amendment hearing on May 10,'on the request of Central Power and Light Company for "1-2" zoning and contractual annexation of a 20 -acre tract known as Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts on Saratoga near Rodd Field Road. City Manager Townsend presented the pending matter of Zoning Application #1171-4, Mr. Roy Smith and Mr. Ennis Joslin, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on approximately 9.5 acres out of Lots 1 & 2, Section 3, Flour Bluff & Encinal Farm & Garden Tracts, on which a public hearing w4 held December 15, 1971, and approved subject to the owner filing deed restrictions that a continuous concrete screening fence be constructed along Mount Vernon Drive from Prinston to Everhart. He stated that the owners have indicated by separate letter through their attorney Mr. John Brooke, that they are prepared to byniild the concrete screening fence but have also requested that the Council consider accepting the standard screening fence since the City has adopted such a fence by ordinance and it has been found to be suitable under similar conditions elsewhere in the City. He explained that both deed restrictions have been submitted, and that it is his recommendation that an ordinance be brought forward granting the zoning change. Motion by Lozano, seconded by Stark and passed, that the recommendation of the City Manager be concurred in and that an ordinance be brought forward changing the zoning from "R -1B" One - family Dwelling District to "B-4" General Business District on approximately 9.5 acres out of Lots 1 • Minutes Regular Council Meeting April 19, 1972 Page 7 and 2, Section 3, Flour Bluff and Encina) Farm and Garden Tracts, as applied for by Mr. Roy Smith and Mr. Ennis Joslin. City Mani,ger Townsend presented the pending matter of the Outside -City -Limits Water Polipy, stating that the ordinance as recommended was approved on first reading February 23, 1972; that the Industrial Commission had recommended the revision of the ordinance so that Section 38-62 would require compliance with the Building Code and Platting Ordinance and require the owners to agree to inspections rather than require annexation. Mr. Townsend stated it is recommended that the ordinance passed on its first reading, be amended to delete Section 38-62 of Article Xl, Extension of Water Systegn to Outside Corporate Limit Areas of Section 2 of said ordinance so that it will hereafter read: Section 38-62. Prior to delivery of City water to any part of such property or to any water line, main or related facility, it is further mandatory that a contract between the City and the owner (s) of such property be eritered into whereby the owner (s) agree to construct all improvements on such property in accordance with the building, plumbing, -electrical, fire prevention, bµilding standards codes and ordinances, and such other regulations and requirements as the City Council may deem necessary and lawfully enforce, and agree to the inspection of all such con- struction by the appropriate City department; provided, however, that such a con- tract shall not be required wherever such property to be served is devoted to the production, manufacture, or processing of products shipped or capable of being shipped through the Port of Corpus Christi, unless the use of the acreage is changed, in which event the owner or owners, their successors or assigns, shall be required to enter into such a contract within thirty (30) days, upon terms and conditions specified by the City for the continuance of the water service privilege, or the City shall terminate such service. Every such executed contract shall be filed with the City Secretary prior to commencement of water service. Motion by Bonniwel I, seconded by Gonzales and passed, that the foregoing amendment be approved, and that the ordinance be so amended before its second reading. Minutes Regular Council Meeting April 19, 1972 Page 8 ORDINANCE NO. 10802 • THIRD 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 21-68 50 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. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10804 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: GOLLIHAR ROAD FROM CADDO TO AIRLINE ROAD DETERMINING AND 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 17, 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, Bosquez, GonFales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10805 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR OPERATION OF A SNACK BAR IN THE WEST END OF THE BASEMENT OF THE POLICE BUILDING TO MRS. LYDIA DELGADO, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • Minutes Regular Council Meeting April 19, 1972 Page 9 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR OPERATION OF THE CITY CAR POUND WITH 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 rend for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. FIRST READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1971 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCES IN CONFLICT AND PROVID.NG FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10806 AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO EXECUTE CONTRACTS FOR THE SALE OF IRRIGATION WATER FOR PERIODS NOT TO EXCEED FIVE (5) YEARS, ACCORDING TO THE ATTACHED FORM OR CONTRACT, ANY MODIFICATIONS OF STANDARD CONTRACT TO BE APPROVED BY THE CITY MANAGER; 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. 10807. EXPRESSING THE WILLINGNESS OF THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO MAKE APPLICATION UNDER THE NATIONAL SCHOOL LUNCH ACT OF 1968AS AMENDED BY PUBLIC LAW 90-302 AUTHORIZING A SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN; 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. ORDINANCE NO. 10808 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27THDAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TINE AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF RICARDO GONZALEZ, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING i Minutes Regular Council Meeting April 19, 1972 Page 10 ON PORTION OF SEC. "C", PAISLEY'S SUBD., HOFFMAN'TRACT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; (KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALI, 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. 10809 AMENDING THE ZONING ORDINANCE OF THE CITY OF CIDRPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THEN,ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CARL D. WEBB BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LAND OUT OF LOTS 1 AND 2, SECTION 53, FLOUR BLUFF .&ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT, KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCEAS 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. 10810 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 TIMI TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON. APPLICATION OF ROY LAY AND TWO WAY LAND COMPANY, BY AMENDING THE ZONING MAP' BY CHANGING THE ZONING ON ALL OF LOTS 14 THROUGH 19, AND 39 THROUGH 44, BLOCK 14; LOTS 15 THROUGH 19, AND 40 THROUGH 44, BLOCK 15, FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEPING INJFFECT 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, Gonzales, Lozanoend Stark, present and voting "Aye"; Bonniwell voting "Nay"; Branch was absent. • Minutes Regular Council Meeting April 19, 1972 Page 11 ORDINANCE NO. 10811 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, 14S AMENDED',UPON APPLI- CATION OF HAROLD T. HARTGRAVES BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 13 & 14, BLOCK 6 WOODLAWN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM ",B_1:;"' NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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, preseht and voting "Aye"; Branch was absent. ORDINANCE NO. 10812 AMENDING SECTION 9 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICAT ION AND COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI, TEXAS SO AS TO CHANGE THE DATE SCHEDULED FOR MEMORIAL DAY HOLIDAY FROM MAY 30 TO MAY 29 ;FOR THE YEAR 1972 ONLY; 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. 10813 CLOSING POSTION OF RAILROAD AVENUE LYING IMMEDIATELY NORTH AND ADJOINING LOTS 1, 2, 3, 4, 5 AND 6, 7 & 8, ALL IN BLOCK 5, PATRICK WEBB ADDITION; AND DECLAR- ING 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. 10814 CLOSING THAT PORTION OF ANTELOPE STREET, LYING BETWEEN THE EAST RIGHT OF WAY OF AZALEA DRIVE AND THE EAST LINE OF DRISCOLL VILLAGE SUBDIVISION, BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, CONDITIONED UPON THE CITY'S RETENTION OF UTILITY EASEMENTS AND/OR THE ESTABLISHMENT OF PUBLIC STREET AND UTILITY EASEMENTS ENTIRELY AT THE EXPENSE OF THE DEVELOPER -APPLICANT FOR SAID CLOSING, REMOVAL OF ALL SEMBLANCE OF A STREET, AND CONSTRUCTION OF CURB AND GUTTER ACROSS THE FRONT OF THE PROPERTY ON AZALEA DRIVE; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting April 19, 1972 Page 12 The Charter Rutle was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore abstained; Branch was absent. ORDINANCE NO. 10815 APPROVING AND PROVIDING FOR THE EXECUTION OF A FIRST AMENDATORY OPEN -SPACE CONTRACT AMENDING CONTRACT NO. TEX.-OSC-79 (G) BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA; AND DECLARING AN EMERGENCY. The Charter Rule was sperrded and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosqrez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. RESOLUTION NO. 10816 RESOLUTION EXPRESSING THE OPINION OF THE CITY COUNCIL FOR DENIAL OF AN ON - PREMISES BEER AND WINE LICENSE TO A BUSINESS ESTABLISHMENT AT 1814 BUFFALO AS IT WILL NOT BE IN THE BEST INTEREST OF THE PUBLIC; 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. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY REPEAL OF ARTICLE XI. EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (CORPUS CHRtlSTI CUMULATIVE SUPPLEMENT) OF CHAPTER 38 OF SAID CODE AND ORDAINING IN LIEU THEREOF A NEW ARTICLE Xl. EXTENSION OF WATER SYSTEM TO OUTSIDE CORPORATE LIMIT AREAS (0.C.L.); REQUIRING PLATTING OF PROPERTY TO BE SERVED O.C.L.; PROVIDING FOR CONTRACT OF ANNEXATION AS PREREQUISITE, WITH SPECIAL CONDITIONS FOR TRACT tlN EXCESS OF FIVE (5) ACRES DEVOTED EXCLUSIVELY TO PORT OF CORPUS CHRISTI CARGO GENERATION OR DISTRIBUTION AND FOR TRACT DEVOTED TO AGRICULTURAL USE ONLY; REQUIRING COUNCIL APPROVAL OF ALL SUCH CONTRACTS; PROVIDING WATER SERVICE TO O.C.L. AREAS FROM MAINS EXISTING AS OF FEBRUARY 16, 1972 TO PROPERTY PLATTED AS OF THAT DATE; PROVIDING SPECIAL CONDITIONS IN CERTAIN AREAS; AND PROVIDING SEVERABILITY. The foregoing ordinance was read for the second tome and passed to the third reading, as amended, by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10817 PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ODEM OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF ODEM, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. • Mi nutes Regular Council Meeting April 19, 1972 Page 13 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. Mr. A. E. Till, 7202 Leopard, stated he was opposed to the elimination of the annexation requirement of the OCL Water Policy, stating there are some 1,000 acres of undeveloped land inside the City Limits which was taken in during the annexation program several years ago, and that the City should encourage the use of this land rather than allowing additional developments outside the City limits where developers escape taxation, and that inside the City limits citizens should be protected first. _ Mayor Sizemore explained that the ordinance has not received final approval, and that the Council will continue to study the issue. Mayor Sizemore called for petitions on matters not scheduled on the Agenda. Mrs. B. J. Kohutek, Jr., 4422 Bluefield, appeared stating she was representing herself and the large number of persons from whom she had received telephone calls and persons who have signed petitions and letters in opposition to the Broadway Production "HAIR" scheduled for presen- tation at Memorial Coliseum, Sunday, April 23. She appealed to the Council to intercede and halt the presentation on the basis that it is obscene, unpatriotic, sacrilegious, an exploitation of sex, and offensive. She asked that the Council either cancel the contract for the use of the Coliseum or delay it until a final ruling can be had on a pending law suit involving the musical production and the City of Chattanooga, Tennessee. She stated that many other cities, including the City of Houston, had banned the use of public facilities for the showing and that it should not be permitted here. She stated the Council should be as concerned with pollution of the minds as it is with pollution of the waters and air. City Manager Townsend explained that the authority to contract for the use of the Coliseum is vested in the Coliseum Manager; that the proposed use was reviewed and no reason -had been found to refuse and that it did not conflict with prescribed procedures. He stated that the Council had no authority to select what is shown in private theaters and that this would Fall in that category. He pointed out the man hours that had been expended in trying to shut down some objectionable movie houses in the City and in each attempt they have been overruled and nothing has been accomplished. • Minutes Regular Council Meeting April 19, 1972 Page 14 He cited cases in which the Courts have ruled against cities trying to stop the presentation of "HAIR". Mayor Sizemore commented that if the Council attempted to classify this production as obscene, it would then have to begin a process of evaluating every production which is shown locally and also have to review every book which is placed in the public libraries, and that the City is not empowered with authority to legislate morals. *(Commissioners Lozano and Stark departed the meeting at this time) Others speaking in protest of the presentation being allowed in the City were Mrs. J. H. Noyes, 920 Coral, who stated the musical was obscene, shocking and destructive to human values and institutions; Mrs. E. F. Davis, 4605 French stated it would be in McAllen and Harlingen prior to its opening here, and invited Councilmen to see it there which would help them to decide whether or not it is obscene. Mr. Kenneth Lance, 714 Monette, Mr. Robert Keltschik, 1201 Brentwood, both Del Mar College students, spoke in favor of the Council not getting involved, stating that persons who want to attend the show should be allowed to make their own decision. Mr. Keltschik stated he personally did not plan to see the show but pointed out that what is obscene to one person is not obscene to others, and that money and time should be spent on preserving the natural estuaries and fighting pollution. Commissioner Bosquez stated that this was one of three discussions held in this Chamber as a result of petitions filed in protest to the subject production "Hair", and that it was still the unanimous decision of this Council that it could not legally become involved and cannot set itself up as a judge as to what is obscene and what is not, and therefore the Council cannot take any action on this issue. Mayor Pro Tem Bonniwell stated Commissioner Bosquez and Mayor Sizemore had expressed his feelings and that he concurred in their comments. Commissioner Gonzales stated that if there was any way the Council could stop the showing of the subject musical, he would be in favor of it, but commented that a law suit would be costly. Mr. Ralph Storm, 222 Cape Hateras, stated he felt that in the future issues of controversial nature should be thoroughly investigated before the Coliseum Manager signs a contract. Mr. W. H. Stahl, 4901 Kostoryz, stated that he had not received satisfactory answers to his previous questions relative to why his property taxes at this address had been increased and others have not. He stated it appears that he has no rights in this town, and questioned the integrity of the Council. • • Minutes Regular Council Meeting April 19, 1972 Page 15 City Manager Townsend explained that any appeal on property tax values must go before the Board of Equalization, stating that when property is rendered at what is thought to be a fair value and it is put on the tax roll at another figure, then notice k given to appear before the Equalization Board for appeal, and if this is not satisfactory then the only recourse would be a court of law. Mr. Townsend stated the Staff had attempted to answer Mr. Stahl's questions on whether or not his property was handled correctly or incorrectly, but advised Mr. Stahl that the actions of the preceeding Councils are not the responsibilities of this Council. Mayor Sizemore explained for the benefit of the audience, that the zoning which Mr. Stahl had requested several years ago had been granted by this Council and that he is nowat liberty to either keep or sell the property. Mr. Art Henderson, Jr., 3926 Marlin Drive, appeared and presented a petition requesting that the Council consider the proposal to expand the Human Relations Commission from ten members to thirteen, and that the three additional members be selected from citizens between the ages of eighteen and twenty-five. He enumerated five reasons for the request: (1) the Commission is non -salaried and of an advisory nature and of minimal cost to the City; (2) it will be representative of all factions; (3) provide eighteen year olds an excellent opportunity to begin their duties in City services; (4) the Commission could make good use of the expansion; and (5) it is recommended by the Chairman of the Commission. Mr. Henderson submitted the following names for appointment: Robert Russell, Jr., J. M. Armstrong, and Lorenzo Cano. (Petition #8-72) Mayor Sizemore stated that he had received a letter from the League of Women Voters in support of this petition, and that this request is a pending matter before the Council for consideration. ORDINANCE NO. 10818 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LOYD W. RICHARDSON CONSTRUCTION CORPORATION FOR THE CONSTRUCTION OF IMPROVEMENTS FOR CORPUS CHRISTI MARINA -PIER AND PILING WORK FOR BOAT SLIPS, PROJECT NO. 292-70-1; APPROPRIATING AND REAPPROPRIATING $197,000, OF WHICH $182,000 IS OUT QF THE NO. 292 MARINA IMPROVEMENTS BOND FUND, $179,068.58 BEING FOR THE CONSTRUCTION CONTRACT AND $2,931.42 FOR CONTINGENCIES AND INCIDENTAL EXPENSES, AND $15,000 IS REAPPROPRIATED OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4351, CODE 502, ALL FOR THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwel I, Bosquez and Gonzales, present and voting "Aye"; Branch, Lozano and Stark were absent. • Minutes Regular Council Meeting April 19, 1972 Page 16 ORDINANCE NO. 10819 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH PHIL MASSAD AND WIFE, MILDRED MASSAD, FOR THE ACQUISITION PARCEL NO. 1, AIRLINE ROAD IMPROVEMENTS SOUTH ALAMEDA TO OCEAN DRIVE, APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $3,004, OF WHICH $2,904 IS FOR THE ACQUISITION AND $100 IS FOR CLOSING COST AND INCIDENTAL EXPENSES ALL APPLICABLE TO PROJECT NO. 220-70-119; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez and Gonzales, present and voting "Aye"; Branch, Lozano and Stark were absent. RESOLUTION NO. 10820 RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A SERVICE AGREEMENT WITH THE TEXAS PARKS AND WILDLIFE DEPARTMENT AND EXECUTE ALL DOCUMENTS NECESSARY TO PROVIDE FOR CONSTRUCTION OF A BQAT RAMP AT THE OSO BRIDGE, ON CAYO DEL 050 AT OCEAN DRIVE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwel I, Bosquez and Gonzales, present and voting "Aye"; Branch, Lozano and Stark were absent. There being no further business to come before the Council, motion by Bonniwell that the meeting be adjourned at 4:50 p.m., April 19, 1972.