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HomeMy WebLinkAboutMinutes City Council - 04/26/1972• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 26, 1972 2:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Mayor Pro Tem Bonniwell in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bosquez, seconded by Gonzales and passed, that the absence of Commissioner Branch be excused because of illness. The Minutes of the Special Meeting of April 10, 1972, 7:30 p.m., and of the Regular Meeting of April 12, 1972, were approved aslpresented to the Council. Mayor Sizemore announced the issuance of proclamations relative to the following: FORGET-ME-NOT DAY - April 28 - 29, 1972; ABWA SCHOLARSHIP MONTH (American Business Women's Association), May, 1972; MENTAL HEALTH MONTH - May, 1972; LOYALTY DAY - May 1, 1972; and CONSUMER INFORMATION WEEK - May 1 through 6, 1972. Mayor Sizemore presented a Certificate of Commendation to Mr. Roger V. Pearce who is retiring after eighteen and one-half years of employment with the City, having served in various positions, namely: Auditorium Manager; Administrative Assistant to the City Manager; Administrator of Urban Renewal Program; Appraiser in the Tax Division; and Assistant Tax Assessor -Collector. Director of Finance Harold Zick was present for the occasion, and City Manager Townsend stated that Mr. Pearce had filled many "gaps" in the City's organization during his employment, and that his many talents and skills had been put to good use as various problems developed, adding that he expected him to make a firm commitment that he would be on hand to "cut the ribbon" for any launching of future Urban Renewal Programs. Mr. Roger Butler, attorney speaking on behalf of opponents of the R&M Dam Site, made a presentation on behalf of Mr. Robert Bluntzer, Sr., stating that the City should proceed with Minutes Regular Council Meeting April 26, 1972 Page 2 obtaining a water supply acceptable to Congressional Committees and Budget Management Divisions of the Federal Government, and puts:+e the Croke Canyon Site for the City's future water supply. He presented the Council with material which he stated was an assemblage of documented material and information intended for insuring the protection of their property in the R & M Dam Site area. Mr. Butler distributed copies of a Federal Appeals Court ruling which held the environmental factors of a proposed project to an overriding issue. He filed with the Council a written summary presentation concerning community efforts to secure a water supply for the City of Corpus Christi (Council Exhibit *2-72), alleging that the result of the City's referendum occurred because the issues were of political duress; cited the increased cost, the immediate lack of need for the water that R&M would impound; and violation of all natural principles of conservation. He stated he doubts that the project will ever be built; and that pricrity of investment funds from state agencies has over 30 projects requiring 40 years to complete ahead of recreational development in this region. He urged that the Council consider that 1972 investment capital is not available for something not now needed - that this is construction of a facility useful only in the year 2045 A.D.; that municipal water be brought into being by the most likely means fBso that Corpus Christi,a sleeping giant, can be arousedto the service of industry and for the purposeful use of the roost amount of energy lying just without the bays to the east". He stated "this is consistent with the continuing successful efforts to the environ- mentalists who have accomplished so much in the past and who did not seek to hinder progress but to assure its integrity." Also present in support of the presentation were Mr. Pearson Knolle and John L. Bluntzer. Mayor Sizemore expressed appreciation for the presentation, stating that the Council 15 still willing to listen to views of the public. Dr. Miles Johnson, spoke on behalf of the Society for the Prevension of Cruelty to Animals, and renewed an appeal to the Council for information on what is being done to resolve the problem of the animal shelter operated by the Gulf Coast Humane Society. He stated their chronological situation has improved, but their request is unchanged. He renewed the request that the City take over the City animal pound on the basis that they feel the City would do a much better job than under the existing arrangement, and that this be done even if it means breaking the contract the City has with the Humane Society. He requested that the SPCA be taken into conference with the • Minutes Regular Council Meeting April 26, 1972 Page 3 Staff on the studies now under way to be in a position to know what the Council and the Staff have in mind before Budget time in July. He stated that more money is not the answer to all the problems; that the pound is not being operated efficiently on what money it has, that the Humane Society is not performing under the terms of the contract, and that the problem is largely a matter of personnel and management. City Manager Townsend stated that there are several aspects to the problem; that a conflict exists between the SPCA and the Humane Society and that it appears that neither side is cooperating with the other. He explained that more personnel will be added through the employment program to supplement the needed personnel for licensing and vaccinating the animals; stated that it will be a budget matter of whether or not more money is recommended,and the contract would have to be amended to provide more stringent requirements and provision for more money so the ci:ntr ctor can carry out those requirements. He explained that Assistant City Manager Archie Walker had coil ducted numerous discussions and the studies have moved forward in the area of providing. -more man power. He explained that the City and the Gulf Coast Humane Society has a valid contract and grounds have not been provided to cancel that contract; that Administrative Assistant Lowell Gaut has made several on -premise investigations and indicated that housekeeping improvements have been made, but that there are other problems still uncorrected. Dr. Johnson suggested that a citizens committee be appointed to study the problem, and make recommendations to the Council, pointing out that there are enough citizens in the community interested in animals and their welfare who would serve on such a committee. He stated he did not agree with Mr. Townsend that both sides were unwilling to cooperate; that the SPCA had been denied the benefit of their meetings; and that they are not as inflexible as was stated. He stated they are willing to work within a framework of improvements. Mrs. Lou Dailey, member of the SPCA, pointed out conditions at the pound which she stated were a menace to the health standards of the community. She stated that unwanted animals are being taken outside the City limits and abandoned rather than taking them to the City pound, and that these dogs have been known to attack people and other animals and are bringing rabies and other diseases into the City. She stated that the conditions of the contract are not being carried out, and that it had been her assumption that that is sufficient reason to cancel the contract. She stated • Minutes Regular Council Meeting April 26, 1972 Page 4 she had in her possession pictures of deplorable conditions at the pound which she would present on request; that she continuously had telephone calls from angered persons because of specific incidents concerning the pound; that she had letters in her possession requesting an audience with the Humane Society Board but these had been ignored; that the Humane Society had said they could be helpful in bringing food to the shelter or by serving as foster parents to the animals. She re- emphasized that lack of money is not the essential problem, and stated that there is a total lack of cooperation between the animal shelter and Dr. G. W. Fischer of the Health Department. City Manager Townsend stated that the Staff is aware of the problem but that as of now there has not been an answer to the question of how two opposing boards can be brought together for a joint purpose. He pointed out that there is nothing in the Contract the City hasthat obligates the Gulf Coast Humane Society to provide a place for unwanted animals, but only involves animals which are picked up by the City. Mayor Sizemore stated that the Council is not aware of all the facts relative to the City's studies, and that it had been hoped that the problems could be resolved by the Staff. He stated that a Staff report had not been completed and that until such time, the Council is not in a position to act. City Manager Townsend stated that a full staff report would be submitted in the near future. Mayor Sizemore called for the opening of bids. Purchasing Agent T. M. Jarvis opened and read bids for the purdiaseof Portable Basketball Floors from the following firms: Cincinnati Floor Co.; DiNatale Floors, Inc.; Pro -West Enterprises; for purchase of Portable Basketball Backstop, from the following firms: Cincinnati Floor Company; Pro -West Enterprises; Lawson Portable Floors; Sorensen -Christian; Medart (Div. of Jackes Evans); and Di Natale Floors. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Bids were opened and read by Director of Engineering Services on Improvements to Hudson Acres Park, from the following firms: Asphalt Paving & Construction Company, and King Con- struction Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. • • Minutes Regular Council Meeting April 26, 1972 Page 5 Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend presented the following recommendations: a. That the date of May 17, 1972, at 3:30 p.m., be set for a public hearing on the following zoning applications: streets: (1) Browning Brothers - from "R -1B" & "B-1" to "B-4", and "B-1" to "1-2", located on the northwest corner of 16th, S. Staples and Naples Streets (2) Planning Commission - from "R -1B" to "B-4", located on the west right-of-way line of Everhart Road south of South Padre Island Drive (3) Planning Commission - from "R -1B" to "B-4", located on the south right-of-way line of South Padre Island Drive between Everhart Road and South Staples Street (4) Generosa Vasquez - from "R -1B" to "B-1", located on the southeast corner of Greenwood Drive and Tarlton Street (5) Sokol, Corpus Christi, Inc. - from "R -1B" to "B-4", located on the east right-of-way line of Kostoryz Road, south of Tiger Lane b. That a public hearing be held on May 10, 1972, for street name changes on the following (1) Change East Shoreline Boulevard and West Shoreline Boulevard to North Shoreline Boulevard and South Shoreline Boulevard. The present block numbering system is based on North and South designation. There is no reason to distinguish between the east and west lanes of Shoreline. (2) Establish a name for the east and west bound lanes that connect Shoreline Boulevard to I.H. 37 and U. S. 181 Expressway lanes. Possible names are: I.H. 37 Boulevard, Interstate Highway, Loop 443, or I.H. 37 Access. (3) Change the name of UpRiver Road to Leopard Street between U.S.-Highway 77 and the Railroad Overpass. (4) Change the name of Leopard Street to Interstate Highway 37 Boulevard, or Interstate Highway thru the CaIallen area. c. That May 17, 1972, be set for a public hearing regarding the closing of street dedication, located along the west boundary line of Airline Road abutting Lot 1 of a resubdivision of the west 1/2 of Lot 26, and a portion of Lot 26, Sectiaa 13, Flour Bluff & Encino' Farm & Garden Tracts, being 20 feet wide and running 914.72 feet on Airline. d. That a public hearing be set for May 10, 1972, on the partial closing to traffic of Mesquite Street between Hirsch and Chaparral Streets. This closing is necessary for the installation of a depot and parking area for the Corpus Christi Museum's railroad exhibit sponsored by the South Texas Railroad Historical Society. i Minutes Regular Council Meeting April 26, 1972 Page 6 e. That an ordinance be passed correcting the subdivision named in Ordinance No. 10757, dated March 22, 1972, from "Country Club Estates" Unit No. 3 Subdivision to "Country Fstates" Unit No. 3-B. f. That real estate sales contract for acquisition of Parcel No. 8 on Gollihor Road Project from Caddo to Airline be approved, the property being owned by Mr. R. O. Woodson, and the acquisition based on the appraised value of $1,625.00; an additional appropriation of $1,125.00 is required to supplement funds previously appropriated by Ordinance No. 10720. g. That the speed limit on Ocean Drive be increased from 45 mph to 50 mph between U.C.C. and N.A.S. Northgate; the percentile speed being 55 mph and very little interference from crossing or slow moving traffic, and the Traffic Safety Advisory Board concurs with this recommendation. h. That the application by Humble Oil & Refining Company for a permit to drill in State Tract 30, Laguna Madre, be approved; the location being approximately 4,500' east of the Flour Bluff Shoreline and 1,900' south of the Kennedy Causeway; the well is to be drilled as a straight hole to a depth of 12,100'; and there are no exceptions requested. The application is filed under protest to the annexation of Laguna Madre. i. That contracts for the purchase of a total of 115 autos & trucks, 98 replacement and 17 additional , on the basis of low bid meeting specifications be awarded as follows: Vehicles Total Bill Rawls Chrysler -Plymouth, Corpus Christi 34 -Police Sedans, 4 -Police station wagons, 4 -Std. station wagons 40 -$128,206.20 Pagan Lewis Motors, Corpus Christi 3 -Std. sedans, 13 -Compact sedans 16 37,717.76 Lewis Boggus Motors, Corpus Christi 4 -Compact sedans, 25 -trucks C&C, 20,000 GWW to 36,000 GVW 29 105,395.17 Creveling Dodge Motor Co., Corpus Christi 3-3/4T. Window van trucks, 2 -Trucks C&C, -- 20,000 GVW 5 15,748.23 Joe Cook Pontiac -GMC, Inc., Corpus Christi 1-3/4T. Std. Panel van truck 1 2,818.19 International Harvester Co., Corpus Christi 18-1/2T Trucks, 3-3/4T Trucks, 3 -Truck C&C, 10,000 GVW to 27,000 GVW 24 61,150.37 Bids received from 9 firms - Total 115 $351,035.92 (Bid Tabulation 42-72) — • Minutes Regular Council Meeting April 26, 1972 Page 7 j. That the following contracts be awarded on the basis of low bid, bids having been received from two firms: Hobbs Trailers - San Antonio - 10 4-5 Cu. Yd. Dump Bodies, 5 Pr. Utility Tool Boxes for 1/2 Ton Pickup Truckers Equipment, Inc. - CorpusChristi 1 - Hose & Sprinkler Body 1 - Utility Service Body, 104" 1 - Stake Body, 16' with Lift Gate 1 - 30' Aerial Bucket, with Platform Bed & Utility Boxes Total 2Q, 887:65 1 - Utility Service Body, 132" Total $12,345.00 Bids received from 2 firms (Bid Tabulation 03-72) k. That the City Manager be authorized to file condemnation proceedings for the purpose of acquiring Parcels Nos. 2 and 3 for the Gollihar Road Project. These parcels are owned by Mr. and Mrs. Guy Winstead, and they are portions of Lots 14 and 15, Block 8, Koolside Addition, and the right-of-way is needed for the widening of Gollihar Road from Caddo to Airline. 1. (Deleted - Re Nottarb Place) m. That plans and specifications for sanitary sewer extensions in the Clarkwood Area, and the San Juan and McNorton Subdivisions be approved; the plans to be submitted to the Depart- ment of HUD for approval prior to advertising for bids - this being the first of two contracts, with the other being the lift station, force main, and large gravity lines along Clarkwood Road which is pending approval by the Environmental Protection Agency. n. That the City Manager be authorized to execute a Grant Agreement with the U. S. Department of Housing and Urban Development for Sanitary Sewer Mains and Collectors in Clark - wood, San Juan,and McNorton areas. The Grant is for 50% of the eligible project cost estimated to be $220,500 or $110,300.00. o. That the City Manager be authorized to sign an amendment to the application for Code imately $300,000. This amendment will rom $474,000 to $710-,600 and the Code 218 to $289,996. The local share will GRAND TOTAL $33,232.65 Enforcement which will increase the grant request by approx provide for increasing the amount for rehabilitation grants f Enforcement Grant for Staff and operating costs, from $217, be increased from $108,610 to $145,000, • Minutes Regular Council Meeting April 26, 1972 Page 8 p. That a resolution be approved expressing the City's request that the Texas Water Quality Board issue a control order establishing control and supervision of sanitation around Lake Corpus Christi and the Nueces River below Wesley Seale Dam to the Calallen Dam and designating the City as the policing agent. The resolution passed September 15, 1972, asking the Board to adopt contact recreation standards for the Lake has not received Board approval. This request action is necessary to assure that the City has legal jurisdiction and to specify clearly that the City is responsible for enforcement. The Lower Nueces River Water Supply District has passed a similar resolution. The proposed control order establishes a 200` restricted zone around the Lake and River and a 3000 fobt water quality zone beyond the 200 foot restricted zone. No new septic tanks would be allowed in the first 200 feet. All sewage installations of any kind in the 2200 foot area would need permits and be able to be inspected. Septic tanks would be prohibited unless the lot was at least 1/2 acre. The Board would need to hold a public hearing before adopting such a control order. q. That sufficient staff members be designated to attend the Community Action Program meeting scheduled for April 27 to replace the absence of Assistant City Manager ArchieWalkerand Director of Urban Development Ernest Briones. Mr. Jack White, attorney, 419 North Tancahua, representing Mr. Mark Bratton developet of Nottarb Place, an industrial subdivision located just outside the City Limits near -Saratoga and Weber, spoke in protest of the recommendat ion that the areabe annexed as a requirement for City services. He stated his client is agreeable to the Staff recommendation that the sidewalk requirement be deleted and heavier streets be constructed in return for waiving the sidewalk requirement. He stated his client feels that the annexation is an unjust requirement on the basis this development was started several months prior to the annexation of property by the Saratoga Land Company, and that at that time the subject property was not adjacent to any part of the City of Corpus Christi. He pointed out that practically all of the property now in Unit #3, and contemplated development in Unit #2 are service organizations who will not be selling equipment, material or property, with the exception of one small dealer who would be paying City sales taxes. He stated that all do purchase a great deal of materials imide the City Limits, and that the only concern of the City would be the loss of ad valorem taxes. Relative to the City Manager's statement that fire protection would be furnished, Mr. White stated there would be no sewer connections for an extended period of time, no • Minutes Regular Council Meeting April 26, 1972 Page 9 trash pickup and no police protection. He stated that when Mr. Bratton started this subdivision he made oral commitments that this would not be in the City limits. He stated that if the City is going to take every development into the City, there is a possibility it will prevent any property from being developed by imposing such conditions as the City refusing to approve a plat, and termed the procedure a form of "Blackmail". He stated that in this instance Mr. Bratton has been allowed to spend a great deal of money and that now in the final step the City proposes annexation, that probably at an earlier phase of the development an agreement could have been made on annexation; that the question of annexation was never presented to the developer at any time before; and that his client now protests the recommendation that utilities be refused unless the land is annexed. Mayor Sizemore questioned the deletion of sidewalks, stating it had beenhisopinion that that was the responsibility of the developer. City Manager Townsend stated that sidewalks are required in subdivisions where there is no possibility of walking on the street, and that if the owner is willing to put in a heavier street, the sidewalks can be omitted. However, he stated that if there is to be retail businesses, then the sidewalks would be required. He stated that this has been done before on several streets in the City. He stated that the major objection of Mr. Bratton is the question of annexation, and that he found it difficult to understand that the question of annexation had not come to the attention of this developer, pointing out that the Planning Staff had been directed to advise all persons in the process of developing land adjacent to the City Limits that annexation is a possibility. He stated that Mr. Bratton had been involved in similar situations before. He stated that this particular piece of property is eligible for all city services except sanitary sewers, but that the sewer service is not a factor of annexation unless it is a matter of health, pointing out that many areas do not have sewer service and is not a problem unless the area becomes of such a density that the use of septic tanks are not adequate; that with the exception of the sewers, all other City services would be available to Mr. Bratton. 1 Minutes Regular Council Meeting April 26, 1972 Page 10 Mr. White stated that the City is not profiting by annexing this property because the ad valorem taxes would not compensate for the cost of all the City services at lower rates. City Manager Townsend stated the developer should be asked why he does not want to become a part of the City if the City gains nothing and he profits from the lower rates. He explained that if buildings are already constructed then there will be a problem of getting them in compliance with the Code; if the developer sells his land they will not be in a position to keep him from building untilhe makes application for the water tap, and the process of Code Enforcement will diminish; that the burden should be put on the developer, and unless he puts his buyers on notice he will build his improvements first and then apply for water taps. He stated that nothing would be in violation outside the City limits. Mrs. Guy Winstead, 917 Airline Road, stated she was familiar with Mr. Bratton's situation, stating that she might be interested in buying into the develop- ment if it were outside the City limits, but concurred in the protests presented by Mr. White that the annexation requirement was improper. She stated she was aware that the City could control buildings, but that she would not buy property inside the City limits where she would be forced to pay personal taxes on every minute item; that the City of Corpus Christi has kept business out of the City because of this practice, and that she personally knows of one businessman who located his business in Rockport because of this, and stated she felt it was time the City gave the businessman a break. Mr. Guy Winstead, 917 Airline Road, spoke in protest of the City Manager's recommendation that condemnation proceedings be filed for the purpose of acquiring his property on Gollihar for right-of-way purposes. He stated he had been deprived of the use of this property for same ten years but had been paying taxes; that he had attempted to get a building permit and was told that the City would take 15 feet for right-of-way and that it would not be large enough for building purposes to meet City standards; that he had been offered $3,000 for damages about ten years ago; and that he has now been told that 6-1/2 feet would be required for right- of-way instead of 15 feet. He stated the property is a corner lot and he felt • Minutes Regular Council Meeting April 26, 1972 Page 11 the damages should be $1,596 which he agreed to providing he be allowed to replat and be able to get a permit to build, Mr, Winstead stated he had purchased the property by metesand bounds and that when Airline was widened, ten feet ($3,000 worth of property) was taken for right-of-way, that he had been paid nothing for it, and that ten feet from a corner damages the property more than if the entire. lot were taken, He stated he felt he had been given the run-around by City Hall. City Manager Townsend questioned Mr. Winstead as to whether or not the property was platted, if the lots have numbers, and had lots 13 and 14 been resub- divided without a plat, stating that the City records do not show three lots. Mr. Winstead stated that the property had been platted by Mr, Woodson and that the plat shows three lots, Mr. Townsend stated that if the plat shows three lots then the information should be given to the Engineering Services Department, but there are two sets of facts and difficult to negotiate whether or not the lot will become substandard. Director of Engineering Services James Lontos stated that appraisals on Gollihar Road had been prepared on comparative values in that area, and on that basis a real estate sales contract had been submitted to every property owner in the area; that Mr. Winstead was approached on that basis, and that since a nego- tiated contract had not been possible it became necessary that they recommend condemnation proceedings, He stated another appraisal would be made, City Manager Townsend requested that Mr, Winstead bring to City Hall his maps, that the entire issue would be gone over again, and that in the meantime, another appraisal would be made. He stated the Council is not expected to make an appraisal of the land, but that the authority to condemn the property is needed before next week. Mr. Winstead and Mr, Townsend agreed to meet with the Legal Staff at 9:30 Friday, April the 28th, • Minutes Regular Council Meeting April 26, 1972 Page 12 Relative to Item "1" of the City Manager's Reports, Commissioner Stark stated that until he had more information relative to Mr. Bratton's protest, he could not vote for the annexation of the property, Motion by Lozano, seconded by Bosquez and passed, that Item "1" of the City Manager's Reports relative to annexation as a condition for City service on Nottarb Place Unit 2 Industrial Subdivision, be withdrawn, ' that the City Manager's Reports, Items "a" through "2" (Item "1" deleted), be approved, and that the requests and recommendations of the City Manager be granted and approved as presented. Motion by Gonzales, seconded by Bonniwelland passed, that the pending matter of the request of Tim Clower for the closing of portions of Dickinson Street and Bushick, be further tabled until June 7, 1972, because of the death of the applicant, Mr, C. A. Mansheim, SECOND 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 PROVIDING FOR PUBLICATION, The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 10821 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 8 OF THE GOLLIHAR ROAD PROJECT, FROM CADDO TO AIRLINE ROAD, FROM THE OWNER, R, 0. WOODSON; APPROPRIATING OUT OF 220 STREET BOND FUND $1,125 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 10720 AS APPLIED TO THIS PARCEL, ALL APPLICABLE TO PROJECT 220-70-110; 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 absent, ORDINANCE NO. 10822 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $8,944,90 FOR ADDI- TIONAL JUDGMENT.AWARD AND COSTS INCURRED IN CONNECTION WITH CONDEMNATION CAUSE NO. 532, STATE OF TEXAS, ET AL VS. PERRY J. DALTON, ET AL; 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 absent, Minutes Regular Council Meeting April 26, 1972 Page 13 ORDINANCE NO. 10823 • CLOSING 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, BEING SITUATED IN NUECES COUNTY, TEXAS; RESERVING THE NECESSARY EASE- MENTS FOR DRAINAGE FACILITY; 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 absent. ORDINANCE NO. 10824 AUTHORIZING THE ASSIGNMENT OF THE REVOCABLE EASEMENT GRANTED BY ORDINANCE NO. 10350, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 14, 1971, FROM GETTY OIL COMPANY TO McMoRan EXPLORATION COMPANY, IN ACCORDANCE WITH THE ATTACHED ASSIGNMENT WHICH IS INCORPORATED HEREIN BY REFERENCE: AUTHORIZING THE CITY MANAGER TO EXECUTE SAID ASSIGNMENT; 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 absent. ORDINANCE NO. 10825 REPEALING ORDINANCE NO. 10757, PASSED AND APPROVED ON MARCH 22, 1972, AND IN LIEU THEREOF, CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 5 AND d, BLOCK 1, COUNTRY ESTATES UNIT NO. 3-B, SUBJECT TO DEDICATION OF AN ALTERNATE EASEMENT BETWEEN LOTS 6 AND 7, BLOCK 1; 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 absent. ORDINANCE NO. 10826 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI, TEXAS TO CONDEMN FEE TITLE ON PARCELS NO. 2 AND 3, BEING TWO PARCELS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS, AND CITING LIENHOLDERS, LEASEHOLD INTERESTS OF RECORD, IF ANY, SAID CON- DEMNATION BEING NECESSARY FOR THE ACnUISITION OF A PORTION OF LOTS 14 AND 15, BLOCK 8, KOOLSIDE ADDITION, FOR WIDENING OF GOLLIHAR ROAD, PROJECT 220-70-110; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, GUY D. WINSTEAD, ET UX, RUBY WINSTEAD, SAID CONDEMNATION BEING NECESSARY TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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 absent. ORDINANCE NO. 10827 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 Minutes Regulat Council Meeting April 26, 1972 Page 14 ROY SMITH AND ENNIS JOSLIN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 1 AND 2, SEC. 3, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, LOCATED ON PADRE ISLAND DRIVE, BETWEEN EVERHART ROAD AND PRINSTON DRIVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING 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, Bosquez, Gonzales, Lozano and Stark, present voting "Aye"; Bonniwell voting "Nay", and Branch absent. ORDINANCE NO. 10828 and 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 CHARLES A. COLLEY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 10 THROUGH 13, BLOCK 11, FLOUR BLUFF PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" TWO FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 10829 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 MAX KLUGE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 4,921 -ACRE TRACT OF LAND OUT OF PARCEL 1, PARTITION OF THE WEIL LANDS, LOCATED IN THE 700 BLOCK OF BENYS ROAD, SOUTH OF EXPRESSWAY #37 SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" 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 and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch absent, ORDINANCE NO. 10830 AUTHORIZING THE CITY MANAGER FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A GRANT AGREEMENT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY IN CON- NECTION WITH THE EXECUTION OF THE GRANT AGREEMENT WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR THE CONSTRUCTION OF CERTAIN SANITARY SEWER MAINS AND COLLECTOR FACILITIES IN THE CLARKWOOD-SAN JUAN AND McNORTON AREAS OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, IDENTIFIED AS PROJECT NO. WS -TX -06-59-1006; 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 absent. • Minutes Regular Council Meeting April 26, 1972 Page 15 FIRST READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY DELETING THEREFROM THE REFERENCE TO OCEAN DRIVE, FROM THE NORTH GATE OF CORPUS CHRISTI NAVAL AIR STATION TO A POINT 400 FEET SOUTH OF THE SOUTH CURB LINE OF ROSSITER STREET, AND IN LIEU THEREOF ADDING PROVISION FOR OCEAN DRIVE, NORTH AND WEST BOUND TRAFFIC (IN -BOUND TRAFFIC), AND OCEAN DRIVE, SOUTH AND EAST BOUND TRAFFIC (OUT -BOUND TRAFFIC), AT THE SPEED LIMITS SHOWN HERE- INAFTER; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 10831 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS WITH GENERAL ELECTRIC CORPORA- TION, GTE SYLVANIA CORPORATION AND MAGASYNC/MOVIOLA CORPORATION FOR THE FURNISH- ING AND INSTALLATION OF A COMPLETE POLICE COMMUNICATIONS SYSTEM FOR THE CITY OF CORPUS CHRISTI, TEXAS, POLICE DIVISION, IN ACCORDANCE WITH THE SPECIFICATIONS SET FORTH IN THE BID INVITATION OF THE COASTAL BEND COUNCIL OF GOVERNMENTS ON FILE IN THE CITY SECRETARY'S OFFICE FOR THE REGIONAL COMMUNICATIONS SYSTEM; APPROPRIATING $4,900.06 FROM THE GENERAL FUND RESERVE FOR SAID CONTRACTS; 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 absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE TEXAS WATER DEVELOPMENT BOARD, WITH THE CITY BEING A COOPERATOR IN AN EXISTING CONTRACT BETWEEN THE TEXAS WATER DEVELOPMENT BOARD, THE U. S. GEOLOGICAL SURVEY, AND THE TEXAS PARKS AND WILDLIFE DEPARTMENT, FOR THE PURPOSE OF DETERMINING THE WATER QUALITY AND RELATED ENVIRONMENTAL CONDITIONS IN THE CORPUS CHRISTI BAY SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $30,000, OUT OF FUNDS CURRENTLY BUDGETED IN THE 1971-72 BUDGET, SAID PAYMENT TO BE PAID ON DEMAND AFTER MAY 1, 1972, WHICH SUM IS THE CITY'S PARTICIPATION AS COOPERATOR. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch absent. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Clay Moore, 325 South Morningside, spoke representing the Corpus Christi Taxpayers Association, and raised questions which he stated would be asked by the citizens when the question of a convention center is put before the voters. He presented the Council with a list of the questions and asked for comments. Also distributed a leaflet which was printed prior to the election on Plaza Del Mar setting out reasons why citizens of Corpus Christi should vote against that issue. He stated the statements on the leaflet did not represent the views of the Council but did represent the views of the many people with regard to Plaza Del Mar, and • Minutes Regular Council Meeting April 26, 1972 Page :16 that the same statements are applicable should another election be called for a convention center. Mr. Moore engaged the Council and Staff in a lengthy discus- sion on matters pertaining to the need for a convention center, the location, costs to the taxpayers, methods of advertising, benefit to special interest groups, and the City's credit rating, etc. Mr. Walter Miller, 1004 Furman, inquired if there had been any discussions, presentations, or Council consideration of a proposal to locate a convention center on Corpus Christi Beach; if the Council had knowledge of or had considered a pro- posal made by Mr. Jack Pope whereby a bond election would not be required and the facility built by private interests; and how he should proceed to get this proposal before the Council. He stated the Taxpayers Association would endorse a convention center proposal if they could find a package they felt to be equitable, He stated he felt the Corpus Christi Beach location was good, that it would be utilizing and developing an area that is already planned for development, and that the citizens should be given a choice of a location by referendum. Mayor Sizemore stated the Council was familiar with the proposals mentioned by Mr. Miller and that many proposals had been presented and considered. He stated he would not favor a referendum as there could be as many preferences as there are people, and that the same result could be accomplished by working through various interested citizens' groups, Mr, Max Bennett, attorney, 602 Chamberlain, appeared and requested that the Council study its bus bench franchise,held by Eli Abrams which expires May 31, 1972, before renewing it. He stated there are 450 benches mostly concentrated in the south part of the City; that there are entirely too many, are unsightly, and in some instances unsafe. He stated it is basically an advertising business, the franchise is poorly written and that it is doubtful if the City has the legal authority to'be a party. He suggested that the ordinance be rewritten with a possible compromise solution. City Manager Townsend pointed out that there is a need for the benches and that they do serve the purpose which is intended by the City; that if there was a substitute he would recommend against the franchise, but the only alternative at present would be for the City to install its own; that so far as the number of benches, it is possible for the buses to stop at every corner; agreed that Mr. a Minutes Regular Council Meeting April 26, 1972 Page 17 Abrams is basically selling advertising, and that the benches are placed in the best position for this purpose, but pointed out that the City's present situation is that if there is no advertising, there are no benches, and if there are no benches, there is no advertising. There being no further business to come before the Council, the meeting was adjourned at 5:10 p.m., April 26, 1972. I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of April 1, 1972, to April 30, 1972, inclusive, and having been previously approved by Council action, are by me hereby approved. 0 NIE SIZEMOR , May City of Corpus Christi, T