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HomeMy WebLinkAboutMinutes City Council - 05/10/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 10, 1972 2:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charhes A. Bonniwel I Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. City Manager R. Marvin Townsend City Attorney James R, Riggs Assistant City Attorney Hal George 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 The Reverend Robert W. Fink, Pastor of Bdthany Christian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Gonzales, seconded by Bonniwell and passed, that the absence of Commissioners Stark and Branch be excused For just cause. Mayor Sizemore announced the issuance of proclamations relative to the following: NURSING HOME WEEK, May 14 through 21, 1972; NATIONAL INSURANCE WOMEN'S WEEK, May 14 through 20, 1972; BARBER SHOP HARMONY WEEK, May 13 through 19, 1972; and NATIONAL SMALL BUSINESS WEEK, May 16 through 22, 1972. The Minutes of the Special Meeting of April 18, Special Meeting of April 19, Regular Meeting of April 19, Special Meeting of April 24, and Regular Meeting of April 26, 1972, were approved as submitted to the Council. Bids were opened and read by Director of Engineering Services James K. Lontos for Airline Road Street Improvements, from Alameda to Ocean Drive, from the following firms: Chapman Con- struction Company; Asphalt Paving & Construction Company; South Texas Construction Company; Burtex Construction Company; 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 announced the public hearing for the partial closing to traffic the portion of Mesquite Street between Hirsch and Chaparral Streets. • • Minutes Regular Council Meeting May 10, 1972 Page 2 City Manager Townsend presented background relative to the proposed closing and explained that the proposal was initiated by the City and is necessary for installation of a depot and parking area for the Corpus Christi Museum's railroad exhibit sponsored by the South Texas Railroad Historical Society. He pointed out the location of the area involved on the map and explained that the City had entered into a contract with the South Texas Historical Society for placement of a depot and railroad cars; that to provide a satisfactory site, a portion of Mesquite Street will be needed for the building, platforms, and planter boxes. He pointed out on a map the location of the cars and depot, stating that it is proposed that the western 25 feet of the paved area of Mesquite Street be closed to traffic, and that the southbound troffic be permitted to use the lane on the eastern side of the Street. He explained that Mesquite Street at this intersection is no longer a significant carrier of traffic, and that the plan, including the head -in parking, has been approved by the Traffic Engineer who stated the area could be closed without significantly affecting the traffic circulation. Mr. Townsend explained that there had been a question as to whether or not this type of procedure required a public hearing, but that it had been recommended because it is in the nature of a partial closing of a street and that property owners within the 450' radius had been notified of the hearing; that it is not the intention that any of the closed portion revert to abutting land owners; that the affected City Departments had been consulted in the usual manner and no objections had been received. He stated that a cost estimate had been prepared consisting of landscaping and site improvements; labor and material for platforms, plumbing and electrical work; that the South Texas Railroad Historical Society had obtained con- tributions of materials and labor in sizeable sums for the placing of the tracks and moving the cars to the exhibit site, and are cooperating in every way according to their agreement. Planning Director William Anderson spoke in support of the proposed closing, stating that the curb line will be left so that the drainage will not be disrupted in any way and described the landscaping and arrangement of the cars. He stated they will be placed on piers or blocks; that the platform will extend around the cars, and that a chain-link fence will be constructed as pro- tection for the landscaping. • Minutes Regular Council Meeting May 10, 1972 Page 3 Mr. Tom Petr, president of South Texas Railroad Society, 966 Carmel Parkway, spoke in favor of the proposal as described by the City Manager. He stated the exhibit will have a nice appearance at this particular location, and the preservation of these old cars will be in the interest of the Museum and an asset to the City. He pointed out the arrangement of the platform around the exhibit stating *is will provide easier pedestrian traffic into the Museum and to the railroad cars. He pointed out that the exhibit is representative of history of this area, the depot and cars having come from San Antonio and Aransas Pass Railway Company. Other members of the South Texas Historical Society present in support of the proposal were Mr. Gene B. Yeazel, vice chairman of the Exhibit Committee, 118 Adams Drive; Mr. R. J. Victor, vice president, 3025 Lawnview; and Mr. Daniel D. Garretson, 5812 South Alameda. Mr. Howard Sudduth, attorney representing Mr. Joe Dreis, owner of adjacent property and operator of the Chick -In drive-in, spoke in opposition on the basis that the City has only an easement from Mr. Dreis to use this portion of Mesquite as a street, and that should the use change, the land would revert to his client. He explained that the property value would be decreased as a result of the closing, since the business' main asset has been the access from this street. He stated his client has a deed to the property and has continued to pay taxes on property from the railroad right of way all the way through, Mr. Sudduth suggested that this matter be tabled and further study be made by the City. He stated that his client received notice of this hearing last Thursday, but was in poor health and had not been able to reach him (Sudduth) until shortly before the hearing. He pointed out that those speaking in favor of the closing do not own the property. City ManagerTownsend stated the Staff would like to review whatever additional information Mr. Sudduth has, and meet with the owners, but pointed out that the street will remain open to through traffic, and that the City Hoes have the right to make a street one-way, and that the Staff: is only recommending that the street be made one-way and that parking be provided along the street. He explained that there is no actuel necessity for this hearing but that it was recommended so that the owners would have notice that this proposal is being considered. Mr. Carl F. Crownover, appeared in opposition to the proposal, stating that he was owner and occupant of property located at 1919 North Chaparral known as the Jordan Laboratories which hos been operating at this location for the past 20 years. He presented his objections in writing giving reasons why he wos opposed to the closing (1) the loss of any portion of Mesquite Street as a • • Minutes Regular Council Meeting May 10, 1972 Page 4 buffer zone between the buildings would seriously depreciate the value of the property; (2) would adversely affect access from Mesquite Street; (3) the understanding that the abandonment would result in property reverting to the last owners; (4) the old railroad depot would be only a few feet from the front door of the Laboratory; (5) that Museum funds could be spent to a better advantage elsewhere; (6) as an alternate, suggested that North Broadway be closed instead; and (7) that if the Council decides to continue this project it would seem fair that they start negotiations to purchase the properties affected which would prevent further economic losses due to devaluation. Mr. Crown - over stated that the 8' chain-link fence with barbed wire does nothing to enhance the appearance and would be no deterrent to the winos and vandalism. He stated he felt the Museum was a credit to the City, but that these old railroad cars are an eyesore to the area. Mr. Crownover asked for information relative to funds provided for installation of the exhibit, and City Manager Townsend explained that by Ordinance dated March 31, 1971 an appropriation of $20,000 from the General Fund was authorized for preparation of the exhibit; explained that the South Texas Historical Society had contributed, either by donations or by their efforts, in labor and materials, and that it is his understanding that they will continue to combine their efforts with the funds provided by the City to open the exhibit. He stated that the City hos a contract with the Society to provide that the Society will cause to be executed transfer of the railroad can, assist the City in placement of the items, work with the Museum Director, and that all the City is agreeing to do is prepare a site, provide utilities and reasonable protection to adequately maintain the display. Mr. Joe Preis, owner of the Chick -In drive in, stated he has been in business at this location for 35 years and paid for the property the hard way. He pointed out that the Museum has no parking area except for seven spaces and that three of those are used by the Museum Director and his Staff, leaving only four spaces for ten employees and citizens; that he is forced to constantly inform people that his parking area is private in order for his delivery vehicles to enter his property. He stated the exhibit is poorly arranged because there would be no way to photograph them; and that if a sidewalk is constructed, there would be no room for landscaping. Planning Director William Anderson stated there would be no sidewalks, and described the entrance into the station by way of the platform. He stated the exhibit was intended for viewing from the outside and not to go inside the cars. • Minutes Regular Council Meeting May 10, 1972 Page 5 Mayor Sizemore asked Mr. Dreis if he did not derive considerable business from the Museum Staff and patrons, and Mr. Dreis stated his business did not come from the Museum. Commissioner Bosquez asked if there were alternate sites for location of the depot, and Mr. Anderson explained that the exhibit was planned to be somewhat compact and to serve its intended purpose should be in reasonable proximity of the Museum because the Museum Director would have the responsibility for its success as a display. City Manager Townsend stated that it is not intended to destroy any of the street or make it impossible to have use of the street; that whether or not the City has a right to place the station in the street, this would require a briefing from the Legal Department, and would also be receptive to comments from Mr. Sudduth on that point. Motion by Bonniwell, seconded by Gonzales and passed, that the hearing be closed. Motion by Bonniwell, seconded by Bosquez and passed, that the foregoing motter be tabled for further consideration three weeks from this date or May 31, 1972. Mayor Sizemore announced the public hearing for Street name changes as follows: (1) Change East Shoreline Boulevard and West Shoreline Boulevard to North Shoreline Boulevard and South Shoreline Boulevard; (2) Establish a name for the east and west bound lanes that connect Shoreline to I.H. 37 and U. S. 181 Expressway lanes. (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 Inter- state Highway thru the Calallen area, City Manager Townsend pointed out the locations of the streets involved and explained that it was the Staff's opinion that with regard to the suggested change an East and West Shoreline Boulevard, the present numbering system is based on North and South designation, and that there is no reason to distinguish between the east and west lanes of Shoreline. Relative to the establishment of a name for the east and west bound lanes that connect Shoreline Boulevard to I.H. 37 and U.S. 181 Expressway lanes, Mr. Townsend suggested the names Interstate Highway, I.H. 37 Boulevard, Loop 443, or I.H. 37 Access. Mr. Tom B. Gunter, 12950 Leopard Street, spoke in opposition, stating that the Highway Department is in the process of making new plans for designing major changes in the interchange and • Minutes Regular Council Meeting May 10, 1972 Page 6 presented a petition containing 13 signatures of persons in the area and Calallen Baptist Church, requesting that no action be taken at this time to change the name of Leopard Street in the Calallen area to I.H. 37 Boulevard, or any other name, until these plans are complete. He pointed out that the City's plans for a water main on the triangle at I.H. 37 and I.H. 77, were refused on that basis. Mr. Charlotte Avery, 13201 Leap rd, pointed out other areas on Leopard Street which should be changed, stating that people are constantly seeking directions. City Manager Townsend explained that the confusion created by the street pattern and numbering is what they are trying to correct, and that the Staff would check with the Highway Department relative to their plans. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the foregoing proposed street name changes be tabled for further consideration. Mayor Sizemore announced the public hearing on assessments for street improvements on Moravian Drive and Airport Park scheduled for 3:00 p.m. City Manager Townsend explained the purpose of the hearing was to comply with the statutes regarding paving assessments and explained the procedure to be followed. He explained that the project includes improvements to ten streets, such streets being portions of Moravian Drive, Beech - craft, Fleet Avenue, Fairchild Street, Cub Street, Lockheed, Wright, Stinson, Braniff and Eastern. He explained that the street improvement program is a result of petitions received from property owners abutting these streets and verified as constituting one-half of the owners as is required to qualify for the improvements. He stated the Director of Engineering Services will present the plans and specifications of the project, and that Assistant City Attorney Jim McKibben will conduct the hearing. Mr. McKibben stated the purpose of this hearing is to comply with the statutes regarding paving assessments; that testimony will be heard from the Director of Engineering Services, and evaluation testimony from a real estate appraiser to substantiate the assessments which appear on the assessment roll, and that this hearing is to form a basis on which the Council, acting as a legis- lative body, would determine or establish the assessments on the abutting properties. • • Minutes Regular Council Meeting May 10, 1972 Page 7 Director of Engineering Services James K. Lontos was interrogated as to his occupation, time of residence in the City; formal qualifications and familiarity with the subject project. He presented the plans for the proposed improvements, explained the nature, extent and specifications, and pointed out the locations on the map; pointed out that in 1967 Post, Ryan and Virginia Streets were improved, and that the remainder of Airport Subdivision and Moravian Drive is included in the project, and that curb, gutters and sidewalks are to be installed. He explained that storm sewers were installed in 1967 when Virginia, Ryan and Post were paved; that the type of pavement is according to the standard residential specifications; that the total contract price shown on the pre- liminary assessment roll is $194,762.50; total assessments $108, 592.21, and total cost to the City $86, 170.29; explained that the assessment rates have been determined in accordance with the present policy of the City by applying the unit prices obtained by the low bid submitted by Asphalt Con- struction Company to the calculated quantities for the improvements. He stated the construction will start within the next three or four weeks. He stated that the City's expert appraiser will make recommendations for adjustment to five parcels which is concurred in by his Department. Members of the audience were given an opportunity to question Mr. Lontos relative to plans and specifications. Mr. A. R. Skobarczyk questioned whether or not existing ditches would be eliminated; pointed out that Moravian Drive had been paved within the last few years and is in good condition; and that many of the persons who signed the petition for street improvements had since sold their property. Mr. Lontos explained that the open ditches will be eliminated and replaced with storm sewers. He described the overall drainage plan and its connection with the State Highway Depart- ment system on Padre Island Drive and drainage into McArdle Road. He stated that there is every indication there will be no drainage problems, pointing out that the grade of the streets will be lower in order to adequately drain abutting properties into the storm sewer system. *Mayor Sizemore departed the Meeting at this time, and Moyor Pro Tem Bonniwell assumed the Chair. • Minutes Regular Council Meeting May 10, 1972 Page 8 Mr. Harold Carr testified as to his identity as a real estate appraiser, time of residence in the City of Corpus Christi, occupation, experience as an appraiser of all types of real estate, residential, commercial, vacant, and rural, his present occupation as a real estate broker, and familiarity with the subject area and project. He described the general area, and pointed out irregular shaped lots which he stated would affect the assessments; stated that he had personally examined each parcel of land and that each and every parcel would be enhanced in value as a result of the improvements at least to the extent of the assessment, with the exception of the following properties: Item 48, Alejandro Reyes, Block 3, Lot 12, Airport Park, Assessment for curb, gutter and pavement should be reduced one-half to $248.33, sidewalks reduced to $107.10, due to irregularity of the shape of the lot, for a total of $355.43. Item 49, Leonicio Flores, Block 3, Lot 11, Airport Park - Assessment for curb, gutter and pavement be reduced to $419.12, and sidewalks reduced to $166.56, plus assessment for driveway making a total assessment of $683.85. Item 52, Guadalupe G. Davila, Block 2, Lot 4, Airport Park - Assessment for curb, gutter and pavement, should be reduced one-half to $463.52; reduce sidewalk assessment to $171 .35, for a total of $831.21, including another driveway. Reduction recommended because of the gridiron shaped lot. Item 62, Prajedis Torres, Block 2, Lot 1, Airport Park - Assessment for curb, gutter and pavement should be reduced to $319.27, and sidewalk assessment reduced to $127.50; additional driveway for a cost of $98.17, for a total of $544.94. Reduction recommended on basis that the lot faces Ryan Street and sides up to Fleet. Item 63, Guadalupe G. Davila, Lot 4, Block 2, Airport Park - Assessment for curb, gutter and pavement should be reduced to $366.58; sidewalks reduced to $132.60, making a total assess- ment of $597.35, including additional driveway. Reduction recommended because of the irregular shaped lot. Mr. Carr testified that each of these properties would be enhanced in value as a result of the improvementsat least to the extent of the assessment as adjusted. • • Minutes Regular Council Meeting May 10, 1972 Page 9 Mayor Pro Tem Bonniwell invited those in the audience whose properties appear on the assessment roll to state their objections, if any, to the assessments. Mr. A. R. Skrobarcezyk, Item #8, Lot 19B, Block 5, Lexington Estate, and Item #9, Lot 18, Block 5, Lexington Estate, spoke in opposition to the overall project on Moravian Drive and on the assessments on the basis he feels the improvements are not necessary on Moravian Drive; that the existing pavement is in good condition; that it is a waste of taxpayers money; and that he is not prepared to pay the amount he is being assessed. He stated that he had made a survey of the residents in this area and had obtained nine signatures in opposition to the project on Moravian; that he was advised by an employee in the Engineering Services Department that if he obtained enough signatures of residents in opposition, the improvement project could be cancelled. He presented the list of names to Paving Coordinator Joe Pierce. Mr. Pierce stated that the 14 names on the original petition did not include rental property, but that some persons who signed the original petition had since moved away. He stated he felt the improvements would be a great improvement to the street and an asset to the community. Commissioner Bosquez pointed out that it should be noted that it takes a long time to implement improvements petitioned for, and that if this project is halted the paving improvements could be postponed for as long as four years. Mrs. Martin Heras, Item #40, Block 1, Lot 9, Airport Park, stated she did not oppose the improvements, but was not employed and could not pay the assessments. City Manager Townsend stated that he had checked the petition submitted in March of 1968, and that there had been some changes in property ownerships, and there was an indication that there is one signature less than one-half in favor. He stated a house-to-house survey should be made to determine if there were one-half of the owners still in support of the petition for improvements on Moravian Drive, and the Staff should verify those who signed the original petition to see if it meets the original criteria. He stated that the City has no desire to recommend street improvements if at !ecotone -half of the owners do not wont them, commenting that there are many other streets in the City that should be paved. No one else appeared to be heard in connection with the proposed street improvements. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. • Minutes Regular Council Meeting May 10, 1972 Page 10 Motion by Bosquez, seconded by Lozano and passed, that the assessment roll for Airport Park be approved with adjustments as recommended by Mr. Carr, and that the improvements on Moravian Drive from Padre Island Drive to McArdle, beginning at Padre Island. Drive, North side, be tabled for further consideration of the Staff's determination of whether or not fifty percent of the property owners are still in favor of the improvements. Mayor Sizemore resumed the Choir, and announced the public hearing on the proposed Text Amendment to the Zoning Ordinance. The proposed amendment is as follows: 1. Amend Section 31-5 to read as follows: "If and when the following described tracts of land are annexed to the City of Corpus Christi, Texas, they shall be automatically zoned and classified as hereafter set forth below." 2. 31-5.07 The following described tract of land shall be zoned and classified as "1-2" Light Industrial District: (1) 20,91 acres more or less out of Lot 7, Section 20, and a portion of Lot 26, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, fronting on the south side of Saratoga Boulevard west of Rodd Field Road. • • Minutes Regular Council Meeting May 10, 1972 Page 11 City Manager Townsend explained that a public hearing was held by the Planning Commission May 9, 1972, on the foregoing proposed Text Amendment and forwarded to the Council with the recommendation that R be approved subject to deed restrictions against objectLonable uses and the provisions for a suitable fence. He read a letter from Central Power and Light Company's District Manager, 5, E. Kelly, Jr., dated February 7, 1972, which stated that the Company had contracted to purchase Lot 7, Section 20, Flour Bluff & Encino' Farm & Garden Tracts to be utilized as a service center, and is contingent upon annexation and zoning by the City to allow this use, He stated that the Council held a public hearing on the request for annexation May 3, 1972, the hearing was closed and tabled, pending outcome of the Planning Commission's hearing May 9 relative to the zoning. He briefed the Council on procedures and policies pertaining to requests of this nature. He pointed out that two letters had been received before the hearing for annexation last week in opposition to both the zoning change to "1-2" and to the annexation, and stated that this opposition had been presented to the Planning Commission. He also pointed out that the Planning Staff had recommended denial generally on the basis that the proposed service center would be located in the center of the prime growth area of the City, and once the property is zoned for industrial uses, it would attract other similar uses; and that there are other industrially zoned properties in the area which could be used for this purpose. Mr. Townsend stated he did not share the Planning Staff's concern on the basis that he feels Central Power & Light has a right to utilities as a public service, and is presenting this as a qualification to the recommendation of the Staff. He stated it is clear that the intersection will have major development, and the question is whether or not this project is of such a nature as to cause an industrial island to develop at Rodd Field Road and Saratoga. Mr. Jack R. Blackmon, attorney representing Central Power & Light Company, pointed out the location of the proposed center and explained the importasce,ofit being located in this area because of itsproximity to the new Barnet Davis Plant in Flour Bluff. He stated a third service center is needed and will eventually need a fourth; that they need to make plans ahead of the needs; and that it is necessary that the be located on a major thoroughfare so as to coordinate with the other two service centers. He pointed out that the center at the Lon C. Hill Plant at Calallen failed during Hurricane Celia leaving the Lipari Street Center to serve the entire City; that these centers • Minutes Regular Council Meeting May 10, 1972 Page 12 will not be objectionable in any way; that there will be no manufacturing, and no exFessive noises. Mr. Blackmon also pointed out that this public utility is required to render service and could have been done without asking to be annexed to the City, but they are asking to be annexed by contract and to receive City services, will be paying City taxes, and they want prospective buyers of land in that area to be aware of what is there. He further pointed out that the Council had previously approved o City Service Center on 88 acres in a residential area on two sides and that the Planning Staff had convinced the Council that it was a good location. He stated that his clients are agreeable to the deed restrictions within reason; that since the "1-2" does allow some objectionable uses, they will comply with the conditions as recommended, and that a suitable fence will be constructed all the way around the area. Mr. H. K. Howard, ottorney for Central Power & Light Company and Mr. 5. E. Kelly, Jr., District Manager, were present in support of the request. No one appeared to speak in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed. Motion by Gonzales, seconded by Bosquez, Sizemore and Lozano voting "Aye"; and Bonniwell abstoining, that the recommendation of the Planning Commission be concurred in, that the foregoing Text Amendment be adopted, and that an ordinance be brought forward effectuating the amendment; that the pending item of contractual annexation of a 20 -acre tract Lot 7, Section 20, Flour Bluff & Encinal Farm & Garden Tracts on Saratoga near Rodd Field Road, on request of Central Power & Light Company, be deferred for one week. Mrs. Hansi Johnson, 3762 UpRiver Road, read and presented a statement to the Council in protest of a statement made by Mayor Sizemore that "the policemen did a fine job" during the recent visit at International Airport of Governor George Wallace. She stated that she and others who support George McGovern for President were met with verbal hostility by the Wallace supporters which was not mild as was stated in the Caller -Times the next day. She alleged that when violence erupted, her group felt endangered because the Policemen had withdrawn to on open area behind the crowd. She stated they did not feel this type of conduct by the Police was commendable and does not help the effort of better Police -Community relations. Mrs.. Johnson was accompanied by Mrs. Mary Mulligan, Florence Card, and Mrs. Bernie Satterlee. (Council Exhibit #.3-72) • Minutes Regular Council Meeting May 10, 1972 Page 13 Mayor Sizemore defended his position, and that of the Police, stating that in his estimation, the Police did do a fine job, commenting that a rally such as this is an ideal situation for violence, and commended the Police for keeping the incidents to a minimum. Mayor Sizemore reported that a petition had been received from residents, citizens, tax- payers and property owners, requesting that alleged "indiscriminate and inconsiderate placement of abnormally 'large' power poles and lines in inadequately small easements and rights -of -ways by Central Power & Light Company, which prevent implementation of long range and planned orderly curb and gutter, and street widening and paving plans", be corrected. The petition contained 81 signatures and was presented by Mr. Paul A. Vogler, Jr. (Petition #11-72) Mayor Sizemore called for the City Manager's Reports. Motion by Bonniwell, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "o" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of May 31, 1972, at 4:30 p.m., Special Meeting, be set for a public hearing on the following zoning applications: (1) Fernando De La Rosa - from "R -1B" to "B-4", located on the west side of Hiawatha Street, north of Morgan Street. (2) Wm. T. Painter - from "R -1B" to "B-4", located on the south side of Yorktown Boulevard, west of Berlet Lane. (3) Harold Lafferty - from "R -1B" to "R-2", located on the northeast side of Grossman Drive, south of Carmel Parkway. (4) (5) The Planning Commission - from "R -1B" to "R-2", located on the northeast side of Grossman Drive, south of Carmel Parkway. Harlin C. Womble, et al - from "R -1B" to "R-2", located on the north and south sides of Fannin Street between Ayers and Lewis Street. (6) W.M.P., Inc. - from "R -1B" to "R-2", located east of Rodd Field Road and south of Williams Drive, b. That the date of May 24, 1972, be set for a public hearing to close a portion of Wedgewood Lane adjacent to Stonegate North Unit2, upon application of Urban Engineering. c. That the authority to receive bids at 11:00 a.m., May 30,- 1972, for a replacement Forklift Truck, for City Warehouse, be granted. • Minutes Regular Council Meeting May 10, 1972 Page 14 d. That the application for permit to drill a well in State Tract 41, in Laguna Madre by McMoRan Exploration, be approved. The well is to be drilled from a regular location being 660' from the northeast line and 660' from the northwest line of State Tract 41; is approximately 3,000' east of Dinnett Island; is to be drilled to a total depth of 7,300'; there are no exceptions requested and the application does not require Bay Drilling Committee action because of the recent amendment to Ordinance No. 10,837, e. That a 10' utility easement along the south property line of Lot 32, Block 2, Gulfway- Airline Park be closed at the request of John M. Hays, Trustee for the Airline Park Shopping Center. The affected City departments concur in the recommendation, and the easement was dedicated by separate instrument on July 26, 1971, f. That $1,150.00 be appropriated to cover real estate appraisal fees for two appraisals of the 15.04 acre tract adjacent to Greenwood Park - the Department of Housing and Urban Development required that two appraisals be made. g. That the City Manager be authorized to sign an agreement with the Texas -Mexican Railroad Company for a permit to construct and maintain across the railroad's tracts at Clarkwood Road, an 8" cast iron force main and an 8" clay pipe sewer, each in a 15" casing for the extension of sanitary sewers to Clarkwood and San Juan. h. That a utility easement be acquired from W. M. Smith for the construction of sanitary sewers in the Flour Bluff area, and an appropriation of $200.00 for cost of the acquisition, be approved. The easement is perpendicular to Skipper Lane at Cove Drive. i. That the plans and specifications for the improvements to Lexington Park be approved and bids be received on May 31, 1972. Improvements include an irrigation system, grading, seeding, a 30' x 60' concrete court, and an asphalt play space with perimeter beams and elevated walks. The estimated cost is $24,000.00. j. That the contract for the improvements to Hudson Acres Park be awarded to Asphalt Paving Company for $51, 128.89, and an appropriation of $51,689.00 approved to cover the contract plus contingencies. The award reflects the recommendation to delete a small storage room building and the water main, items 16 and 19. Improvements to the water system leading to the park will be constructed later by the Water Division. Minutes Regular Council Meeting May 10, 1972 Page 15 k. That Charter Bus rates be increased approximately 3 percent to off -set the increased costs of labor and maintenance of equipment and to equate the City's rates with the rates now charged by the other charter bus lines. I. That the City Manager be authorized to accept and execute an Urban Planning Grant Award of $80,000 from the Department of Housing and Urban Development for continuation of the Community Renewal Program. The program will require $40,000 in local funds. $13,489 is being provided in staff time. $26,511 will be provided in the next budget. m. That the City Manager be authorized to execute a contract with the Coastal Bend Council of Governments for assignment of three work-study students sponsored through a program funded through HUD for seven months and to terminate October 31, 1972. Three students will be allocated the City to work a maximum of 20 hours per week; one will be assigned to the Department of Finance; Department of Public Works; and Department of Urban Development. n. That the Purchasing Division budget be amended to substitute the position of Senior Buyer for the postion of Buyer and change the pay grade from 20 to 26. a. That a five-year lease with the Art Community Center for use of the Centennial Museum in South Bluff Pork, now occupied by the Art Museum of South Texas, to conduct meetings, annual shows, workshops, lectures, and other art related activities be approved. The Art Community Center is composed:of more than 200 artists representing the Sculpture Society, South Texas Art League, Carpus Christi Art Build, the Water Color Society, and the Art Society of Corpus Christi. The group will provide supervision for their program and custodial care for the building; the building will be open six days a week at no charge to the public; the City will provide building maintenance and utilities; and the lease will have a 30 -day cencellation for any reason. This is the recommendation of the Park Board. ORDINANCE NO. 10845 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT 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 ENVIRON- MENTAL 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. • Minutes Regular Council Meeting May 10, 1972 Page '16 The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10846 THIRD 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, HEREINAFTER; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, and Lozano, present and voting "Aye"; Branch and Stark were absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE AGREEMENT WITH AQUASPORTS, INC., FOR THE OPERATION OF OUTBOARD MOTORBOATS IN THE CORPUS CHRISTI MARINA, FOR A TERM OF THREE (3) YEARS, BEGINNING JUNE 1, 1972, ON THE TERMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10847 CLOSING A 10 -FOOT UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF LOT 32, BLOCK 2, GULFWAY-AIRLINE PARK DEDICATED JULY 26, 1971 AND RECORDED IN THE DEED RECORDS IN VOLUME 1405, PAGE 871; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10848 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS -MEXICAN RAILROAD COMPANY WHEREBY TEXAS -MEXICAN RAILROAD WILL GRANT THE CITY A PERMIT TO LAY, MAINTAIN, OPERATE, AND REPAIR AN 8 -INCH CAST IRON FORCE MAIN AND AN 8 - INCH CLAY PIPE SEWER, EACH ENCASED IN A 15 -INCH CASING, LOCATED APPROXIMATELY 290 -FEET WEST OF MILE POST 153 WEST OF CLARKWOOD, TEXAS, ALL IN CONNECTION WITH THE CLARKWOOD SANITARY SEWER PROJECT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 10, 1972 Page 17 The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10849 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY OF CORPUS CHRISTI, INC. FOR THE CONSTRUCTION OF HUDSON ACRES PARK IMPROVEMENTS (TEX OSC-79); APPROPRIATING A TOTAL OE $51,689 - OF WHICH $47, 189 IS OUT OF THE NO. 291 PARK BOND FUND, $46,877.49 BEING FOR THE CONSTRUCTION CONTRACT AND $311.51 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES APPLICABLE TO PROJECT NO. 291-70-10.2 - AND $4,500 IS OUT OF THE NO. 220 STREET BOND FUND, $4,251.40 BEING FOR THE CONSTRUCTION CONTRACT AND $248.60 BEING FOR CONTINGENCY AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-70-129; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10850 APPROPRIATING OUT OF THE NO. 111 TRUST FUND,ACCOUNT NO. 1763, GREENWOOD FILL LAND, THE SUM OF $1,150 FOR APPRAISAL SERVICES RENDERED BY R. V. COULTER AND RICHARD CLOWER IN CONNECTION WITH THE 15.04 -ACRE TRACT RECENTLY PURCHASED FOR THE EXPANSION OF GREENWOOD PARK AND AUTHORIZED BY ORDINANCE 10679; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10851 AUTHORIZING THE CITY MANAGER TO EXECUTE A UTILITY EASEMENT WITH W. M. SMITH, FOR THE ACQUISITION OF PARCEL NO. 4, FLOUR BLUFF SANITARY SEWER, UNIT 3, PROJECT NO. 251-70-79.3; APPROPRIATING THE SUM OF $200 OUT OF THE NO. 251 SANITARY SEWER BOND FUND IN PAYMENT FOR SAID PARCEL NO . 4; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. FIRST READING OF AN ORDINANCE AMENDING SEC. 2-7, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE THE CITY COUNCIL MEETING ON WEDNESDAY AFTERNOON TO 3:00 P.M.; AND PROVIDING FOR SEVERABILITY. • Minutes Regular Council Meeting May 10, 1972 Page 18 The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent, ORDINANCE NO. 10852 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR ASSIGNMENT OF THREE WORK STUDY STUDENTS SPONSORED THROUGH A PROGRAM FUNDED THROUGH HUD FOR SEVEN MONTHS TO TERMINATE OCTOBER 31, 1972; SAID STUDENTS TO WORK A MAXIMUM OF 20 HOURS PER WEEK, ALL IN ACCORDANCE WITH ATTACHED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10853 FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASED; THAT AN INCREASE IS ESSENTIAL; THAT THE INCREASED COST OF OPERATIONS WILL OFFSET THE INCREASED RATES; THAT THE INCREASE IS WITHIN THE PRICE COMMISSION GUIDELINES AND THE INCREASE IS REASONABLE, JUST, AND FAIR; AMENDING SECTION 2-C OF ORDINANCE 9864 PASSED AND APPROVED. BY THE CITY COUNCIL ON JULY 29, 1970, BY PARTIAL REPEAL AND SUBSTITUTION OF A NEW TARIFF OF CITY OF CORPUS CHRISTI INTRASTATE CHARTER COACH CHARGES FOR INTRASTATE AREA CHARTERS, SO AS TO INCREASE THE CITY'S INTRASTATE CHARTER BUS RATES IN ACCORDANCE WITH THE ATTACHED SCHEDULE, MARKED EXHIBIT "A", ANNEXED HERETO, AND BY THIS REFERENCE INCORPORATED HEREIN IN ITS ENTIRETY, WHICH IS ADOPTED BY THIS ORDINANCE; PRO- VIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. FIRST READING OF AN ORDINANCE AMENDING THE AIRPORT LIMOUSINE CONCESSION CONTRACT GRANTED BY ORDINANCE NO. 10162, PASSED AND APPROVED ON MARCH 17, 1971, SO AS TO CHANGE PARAGRAPH II AS APPLIES TO THE AREA COVERED BY ZONE 1; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 2 EAST; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 2 WEST; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 3 EAST; BY CHANGING THE RATE TO BE CHARGED FROM ZONE 3 WEST; AND BY CHANGING PARAGRAPH III SO AS TO PROVIDE THAT GRANTEE WILL PAY TO CITY 2% OF THE GROSS REVENUE DERIVED FROM THE TRANSPORTATION OF BAGGAGE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY, The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. Minutes Regular Council Meeting May 10, 1972 Page 19 ORDINANCE NO. 10854 APPROVING AND PROVIDING FOR THE ACCEPTANCE AND EXECUTION OF A PROPOSED URBAN PLANNING GRANT AWARD OF $80,000 FROM DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR COMMUNITY RENEWAL PROGRAM, PROJECT NUMBER CPA -TX - 06 -59-1020, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, and Lozano, present and voting "Aye"; Branch and Stark were absent. RESOLUTION NO. 10855 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI TO THE LEGISLATURE OF THE STATE OF TEXAS, AND TO THE NUECES COUNTY LEGISLATIVE DELEGATION ESPECIALLY, TO AMEND THE URBAN RENEWAL LAW OF THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. Mayor Sizemore reminded the Council of the meeting Thursday at 5:30 p.m. in the City Manager's office for a presentation by architects of proposed convention center sites. Motion by Bonniwell, seconded by Lozano and passed, that the following nominations of Mayor Sizemore for appointments to the Building Inspection Sub -Committee of Zoning Amendment Advisory Committee, be approved and confirmed: Jack Ryan, Zeb Carson, Bob Startzell, Bobby Braselton, Jack Turner (with Bodine Scott) and Tanner Freeman. There being no further business to come before the Council, the meeting was adjourned at 5:05 p.m., Wednesday, May 10, 1972.