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HomeMy WebLinkAboutMinutes City Council - 08/16/1972• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 16, 1972 3:00 P. M. PRESENT; Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr, J. Howard Stark City Hall. City Manager R. Marvin Townsend Assistant City Attorney Hal George City Secretary T. Ray Kring Mayor Sizemore called the meeting to order in the Council Chamber of the The Invocation was given by Reverend Carolyn Stapleton Associate,Pastor of St. John's United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of Recessed Meetings of August 2, 1972, 9:00 a.m.; August 2, 1972, 3;00 p.m.; August 4, 1972, 8;00 a.m.; and August 4, 1972, 10:30 a.m.; Regular Meeting of August_ 7, 1972, and Special Meeting of August 2, 1972, were approved as presented to the Council. Mayor Sizemore presented Miss Cheryl Bolin, Youth Advisor on the Human Relations Commission, with a Certificate of Appreciation on behalf of the Council, in recognition of her interest and dedication to City Government shown by her near perfect attendance record over the past year, of all Regular and Special Meetings, and designated her as an Honorary City Commissioner and "Watchdog" of the City Council. Mrs. Bess S. Haller, was presented with a Plaque in recognition of her retirement after fifteen years of dedicated service as an Application Clerk in the City Utilities Department. Bids were opened and read by Director of Engineering Services James K. Lontos for construction of Street Improvements on Greenwood Drive, from Horne Road to Padre Island Drive, and Westpoint Road, from Greenwood Drive to Columbia, as well as the widening of Gollihar from the Crosstown Expressway on the north side to Prescott Shopping Center, from the following firms; B & E Construction Company; Burtex Constructors; Heidenfels Brothers; King Construction Company; and South Texas Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion. •• r • Minutes Regular Council Meeting August 16, 1972 Page 2 Mayor Sizemore announced the scheduled public hearing of Mrs. Pauline Flores by her attorney, Albert Huerta, of a decision of the Building Standards & Housing Board of Appeals, and after determination that neither the appellant nor her attorney were present, it was agreed that the hearing be temporarily deferred until later in this meeting. Mayor Sizemore called for the City Manager's Reports. City Manager Townsend made the following requests and recommendations: a. That the date of September 13, 1972, 4:30 p.m., Special Meeting, be set for a public hearing on the following zoning applications: (1) Two -Way Land Company - "I-2" to "T-1", located on the east side of Corn Products Road, south of Leopard Street. Sweeco Incorporated - "R -1B" to "I-2", located on the north- west corner of Manchester Drive and IH #37. Phil Massed - TRACT A: "R -1B" to "B-4"; TRACT B: "R -1B" to "A-1", located on the northwest corner of Weber Road and Saratoga Boulevard. C. A. Rackley - "R-2" South Alameda Street, Hulen Hunt - TRACT A: "B-1", located on the Drive. to "AB", located on the east Side of north of Glazebrook Street. "R -1B" to "A-2"; TRACT B" "A-2" to northwest corner of Nile and Williams Roy Lay, Jr. - "R-10" to "A-1", located on the northwest corner of Matlock Street and Behman Street, Eugene Lee Brown, Jr., M.D., - "g -1B" to "AB", located on the southeast corner of Gollihar Road and Lum Avenue. b. That four zoning cases (Roy Lay, Jr., Wm, DeWitt Alsup, E, C. Peterson, and A. L, Rankin), set for public hearing on August 30, be reset for September 6, 1972, necessary due to the planned absence of the Council from the City on August 30, 1972. c. That the date of September 6, 1972, be set for public hearing on the closing of a portion of Glenoak Road and Qakhurst Street at the request of Mr. Guy Alexander and Mr, Carl Dwaine. d. That the date of September 6, 1972, be set for a public hearing on the request ut Shelter Corpus Christi, Inc., for the abandonment of a 20 -foot street right-of-way along the northeast side of Lots 13, 14, 15, Section 42, and a 40 - foot Street right-of-way between Lots 16, 17, 18, Section 42, and Lots 2 through 5, Section 41, all in Flour Bluff and Encinal Farm and Garden Tracts, located at the northwest corner of Flour Bluff Drive and Padre Island Drive. • Minutes Regular Council Meeting August 16, 1972 Page 3 e. That the bid award for the City's 1972-73 requirements of Traffic Marking Paint be made to San Jacinto Paint Mfg. Co., Houston (Lot 1), for their low bid of $17,280.00; that all bids be rejected on Lot II covering glass spheres (beads) for paving marking, to allow the Traffic Engineering Department to revise their specifications to provide a brighter bead in order to improve the quality of the lane stripe. Bids were received from ten firms and the price reflects an in- crease of approximately 4.27 over 1971-72. (Bid Tab. #34-72) f. That a contract be awarded to Big Three Industries, Inc., Corpus Christi,, to furnish the City's 1972-73 requirements for Oxygen, Acetylene and Nitrogen on the basis of low bid of $1,895.80. Bids were received from five firms and the price reflects a decrease of 107 over last years contract. Bid Tab. #35-72) g. That contracts be awarded to the following firms to furnish the City's 1972-73 Street Construction Materials on the basis of low bid. Bids were received from nine firms, and prices indicate an increase of 3% over last years prices. (Bid Tabulation #36-72) Humble Oil & Refining Co., Corpus Christi - (Item 1, Emulsified Asphalt) Gulf States Asphalt Co., Corpus Christi - (Item 2, Asphalt AC -5 & Item 3, Cutback Asphalt RC -2) Uvalde Rock Asphalt Co„ San Antonio - (Item 4, Rock Asphalt Type B, Item 5, Rock Asphalt Type CC, Item 7, Precoated Aggregate Gr. 3, & Item 8, Pre - coated Aggregate Gr. 4) Servtex Materials, New Braunfels (Item 6, Surface Course Asphalt, Item 9, Limestone or Rock Asphalt) Heldenfels Bros., Corpus Christi - (Item 10, Hot -Mix Asphalt) C. C. Shell Co., Corpus Christi - (Item 12, Flexible Base - Mudshell) South Texas Construction, Corpus Christi - Item 11, Flexible Base - Caliche) GRANA TOTAL $14,099.80 44,851.80 102,858.18 72,245.10 134,550.00 125,520.00 144,042.15 $638,167.03 h, That the Bid Invitation opening date for the Museum Exhibit Cases be extended from August 8, 1972 to September 5, 1972, due to receiving no bids on the original date, and contact'. with possible suppliers indicates that bids will be submitted if bid date is extended. i. That the application of Perry R. Bass to drill a well in State Tract 391, Well #1, a portion of that area annexed in 1970, in Corpus Christi Bay, be approved. The well to be drilled as a straight hole to a depth of 8000 feet, is located approximately 3 miles southeast of Ingleside Point, with no exceptions requested. • Minutes Regular Council Meeting August 16, 1972 Page 4 j. That the application of McMoRan Explpration Company to drill in State Tract 591, Well #1, d portion of that area annexed in 1970, in Corpus Christi Bay, be approved. The well is located approximately 1-1/4 miles east of the north- east corner of Flour Bluff and the Naval Air Station and is to be drilled as a straight hole to a depth of 10,500 feet with no exceptions requested, k. That parking be prohibited on both Fides of Leopard Street between UPRiver Road and Oliver Courts so that a center left -turn lane can be installed. All businesses facing this section of Leopard Street have adequate off-street parking. The Traffic Safety Advisory Board concurs with this recommendation. 1. That $565,97 be appropriated to provide for the cost of laboratory services required in connection with the construction of North Alameda Street Im- provements, 1,H, 37 to West Broadway. m. That $21,093.07 be appropriated from various bond funds for expenses in eo netion with the April 10, 1972 bond sale - expenses were; financial advisor ($11,665.48), bond attorney ($5,680,49), printing bonds ($511.00), printing pro- spectus, covers and bid forms ($2,061.10), and contract rating service ($1,175.00), D. That eminent domain proceedings be filed to condemn Parcel No, 6 for the improvement of South Staples from Padre Island Drive to Saratoga, owned by Mrs. Gladys Laird Miller and husband Edmond E. R. Miller, and described as a pgrtion of Lot 20, Block 4, Gardendale No. 2 Subdivision. o. That an ordinance be adopted prohibiting the sale of model glue and spray paint to persons under 18 years of age unless accompanied by a parent or guardian and making it unlawful for anyone to inhale the fumes of such glue or paint for the purposes of any mind -altering effects. Model glue includes any type of glue or cement commonly used in the building of model airplanes, boats, and automobiles. Spray paint includes any paint, varnish, lacquer, ignition spray, automotive spray or other substance commonly sold in aerosol cans. A violation will be a misdemeanor punishable by a fine not to exceed $200.00. The existing zrdinance only involves glue. The police and Health Departments have held several meetings, discussed the problem with other community organizations and representa- tives of other cities, and recommend the change. p, That the City lease Tract A containing approximately 260 acres, and Tract B, containing 107 acres, at the International Airport, to Pat McDonough, Jr., at a rental of 1/3 of all crops produced on these tracts with a guarantee of $13.60 • Minutes Regular Council Meeting August 16, 1972 Page 5 per acre, whichever is greater, for a term of five years. (Bids were received from seven individuals - the previous tenant died and his heirs do not wish to renew the lease). q. That the City Manager be authorized to enter into a five-year lease agreement with the Southside Little Misses Kickball League on approximately seven acres of land known as the Anderson Pit located in the 4200 Block of McArdle Road for the purpose of conducting a girls kickball league. The organization having Operated a kickball league for the past year and constructed and maintained a back- stop and playing field, A five-year lease is desired to enable the organization to proceed with more definite plans for programs and facilities - the Park and Recrea- tion Board concurs with the recommendation. r. That the City Manager be authorized to execute a Grant Contract between the City and the Department of Housing and Urban Development for the Code Enforcement Program in the Airport Park and Lexington Subdivision areas; total federal participation in the program is $900,596; and the local share of $194,298 will consist of street improvements financed through street improvement bonds. s, That plane and specifications for the construction of Greenwood Park Swimming Pool be approved and authority to receive bids on September 13, 1972, be approved. The pool is designed to be Olympic size and to meet the requirements for AAU competition; will be a 50 -meter pool with eight 8 -foot lanes. In addition to the pool facility, related facilities such as dressing rooms, basket rooms, storage area, sun decks, spray p001, access, and parking are proposed. The project is partly funded by the Department of Housing and Urban Development. t. That proposals for the excavation of dirt at the Greenwood Sanitary Landfill be received on September 6, 1972; total dirt to be excavated to be 300,000 cubic yards; bidders will specify the total quantity they are willing to dig, how many yards per day they will remove, whether or not they wish to etore on site, and the royalty they are willing to pay, if any. t, That a resolution be passed concerning the modifications. to the C^.pus a,-isti ship Channel pa accommodate very large crude carriers and oil bulk carriers. v, That the appointment of Mr. Gerald D. Waldrpm as Director of Data Processing, be confirmed. • Minutes Regular Council Meeting August 16, 1972 Page 6 w. That the Richard Subdivision be required to meet all of the water and sewer service requirements of the Platting Ordinance for a tract of land located at Greenwood and Saratoga. Mr. John L. Hoffman, president of the South Texas Air Modelers Council, 641& McGregor, appeared and spoke in opposition to some of the language of the pro- posed ordinance intended to prohibit the sale of certain types of glue and paint. He stated he felt the ordinance should have more study and modified with reference to the language "model glue," stating this organization feels to speak of the ordinance as the "model glue ordinance" is a slur to model airplane building. He exhibited several types of glues and cements which he stated are used in crafts and home repairs which are toxin and can be purchased at hardware and grocery stores and are not sold in hobby shops and model airplane stores. He stated some of these include the ingredients listed in the ordipance; and that the ordinance lists many glues which are nontoxic and left out others which are toxic. He stated his organisation is in favor of restrictions for the sale of certain glues, but et the same time feels a boy should not be deprived of the privilege of purchasing glue to build a model airplane, but should be illegal to purchase any type of glue for the purpose of altering the mind; should be illegal to sell to minors more than one tube at one time; and that the word "model" be eliminated from the ordinance; otherwise, felt the proposed ordinance is an improvement over the existing one. He stated the ordinance, as presently written, would be difficult to enforce and needs some further study, and the hobby shop owners should be consulted. Mayor Sizemore asked the Staff to consider the suggestions made by Mr. Hoffman, and asked that the samples be left with the Council for study. It was agreed that the term "readel" used throughout the proposed ordinance to describe "glue" be eliminated before its first reading. City Manager Townsend requested that M. Hoffman submit his recommendations in. writing for Staff study, Mr, Ed Prichard, attorney representing Mr. D. L. Richardson, developer of the ai•.hardson Subdivision, spoke in protest of the recommendation of the City Manager that the developer be required to meet all the water and sewer service re- quirements of the Platting `ordinance for development of the tract at Greenwood and Saratoga, Mr. Prichard requested relief from the sewer service requirement on the • Minutes Regular Council Meeting August 16, 1972 Page 7 basis that he had received incorrect information from the City Staff and the matter of sewer service had not been mentioned. He stated he had correspondence in his possession which verifies his contention that the requirements had been changed; that the City is now requiring that the land be served by a City sewer line and by an eight -inch water line instead of a six-inch line, and that his client had not been made aware of the requirements prior to taking a prel.irary plat before the Planning Commission; that he had a report that members of the Staff now say they do not remember conversations he had with them and did not want to get involved; and that he had received a letter from the Director of Utilities in which water requirements were set out, but that he did not mention sewers. Mr. Prichard stated that if this was a standard requirement, Why was it not listed as such in the letter. He pointed out expenses incurred for engineering, etc„ which had been made on the basis of the information he had received from the Staff, and felt they were entitled to some relief. City Manager Townsend gave the background information leading up to the misunderstanding, stating that there were several basic factors involved, but that answers to questions which had been given by the Staff about the tract had been given apparently on the assumption that only 8 to 10 acres were involved, and the portion platted was only a part of 94 acres owned by Mr. D. L. Richardson, and that if this smaller tract was all in one ownership, the answers would be appropriate. He further stated that it is possible that what everybody was quoted as saying, was said, but none of the staff with whom he had talked indicated they were aware of the 94 -acre tract and were talking about utilities for the entire tract. He stated the problem now is that there is verbal information on an incomplete plat which is a part of a 94 -acre tract. He explained that State fire insurance standards require an 8 -inch water line for an industrial subdivision; that he sees no reason why the developer should not be made to comply with the platting ordinance, and felt the area should be served by the City sewage system since the property abuts a 60 -inch sewer line. He pointed out that every engineer in the City is aware of the standard n:4ge?eements, and that the water lines and sewer provisions should show an their or :rake an affidavit, and if it is ruled that septic tanks are adequate, then that is sufficient, and the sewer provisions should be attached to the preliminary plat, • Minutes Regular Council Meeting August 16, 1972 Page 8 Motion by Branch, seconded by Gonzales and passed, that the City Manage.r's Reports, Items "a" through "w" be accepted, Bonniwell and Stark voting "Nay" on Item "w", and that the requests and recemmendations be granted and approved as presented by the City Manager. Commissioner Stark stated that since the developer had proceeded on advise which he received, and the Planning Commission sought to give him relief by recom- mending approval to the Council, his question was should '�e be giver. a special permit to proceed with this and be required te'meet all the requirements of the Platting Ordinance on the remainder of the 94 acres. He pointed out that it is obvious that the remainder of these lines will have to be laid at the developers cost but at least they would know the rules. City Manager 'Townsend presented the pending matter of the tabled hearing to amend Article 33 of the zoning ordinance to not require platting prior to construc- tion of a billboard. He explained that the Planning Commission on November 9, 1972, reviewed their previous recommendation against and voted 5 to 3 to recommend approval of the amendment. He stated it is his recommendation that the proposed amendment be approved and not be further deferred awaiting an overall evaluation and re -study of the City's sign requirements. Motion by Stark, seconded by Branch and passed that the Text of the Zoning Ordinance #6106 be amended by amending Article 33, Permits, Plats, and Filing Fees, Section 33.2, Plats, to hereafter read as follows: "Section 33-2 Plata. All applications for building permits shall be accompanied by a drawing -or plat in duplicate or as required by the Department of Engineering Services, showing with dimensions the lot lines, the building or buildings, the locations of buildings on the lot, signs and/or billboards, and such otter ixfarmati.on as may be necessary to provide for the enforcement of these regulations, including if necessary thz boundary survey and a staking of the lut by a. competent surveyor, provided, however, that in Any such applicaticti,for a building permit for the purpose of erecting a billboard sign only on unplatted and vacant land by any applicant not the owner of the land, and said appli- cant owns therein nothing more thana leasehold interest or lesser estate in the land, or if said applicant is the owner of the land which is vacant and upon which there are no improvements, then and in that even'L a showing pf an approved and filed plat shall not be a condition precedent for the granting of such a permit and such plat shall not be required. However, the billboard or billboards shall be removed and the n-o,erty platted prior to the issuance of a permit for a use other than a billboard or billboards. The drawing shall contain huitable notations indicating the proposed use of all land and buildings. A careful record of the original copy of such applications and plats shall be kept fu the offices of the Department of Engineering Services and duplicate copy shall be kept in the building at all times during construction." Minutes Regular Council Meeting August 16, 1972 Page 9 Motion by Bonniwell, seconded by Gonzales and passed that an ordinance be brought forward on Application i672-1, Hutch Bryan, et al, granting a special permit for a 10 -unit apartment complex on all of Lot 38, Block 1, Lexington Subdi- vision, located along the north side of Johanna Street. ORDINANCE NO, 11034 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-6' 'F THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING THE SPEED LIMITS ON MUNICIPAL AIRPORT ENTRANCE ROAD, FROM THE SOUTH RIGHT OF WAY LINE OF AGNES STREET (S.H. 44) TO A POINT 2700 FEET SOUTH, BY INCREASING THE SAME TO 40 MILES PER HOUR; AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING AN ITEM THERETO SO AS TO DE- CREASE THE SPEED ON A PORTION OF MUNICIPAL AIRPORT ENTRANCE ROAD, FROM A POINT 350 FEET WEST OF THE AIRPORT TERMINAL TO A POINT 350 FEET EAST OF THE AIRPORT TERMINAL, TO 20 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." SECC;NC P,FAD:NG OF AN ORDINANCE AMENDING ORDINANCE NO. 8397, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 29, 1967, WHICH ORDINANCE ESTABLISHED THE STANDARDS FOR SCREENING FENCES IN THE CITY OF CORPUS CHRISTI, BY AMENDING PARAGRAPHS 2 AND 5 OF SAID ORDINANCE SO AS TO INCREASE DESIGN WIND LOAD CAPACITY TO 30 POUNDS PER SQUARE FOOT AND TO REDUCE THE COST OF THE STANDARD SCREENING FENCE; REPEALING ALL ORDINANC S IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." The ordinance amending the City Code, as amended, by amending Chapter 5, Article I, Section 5-1 thereof so as to redefine the term "Vicious Dog", passed on first reading August 9, 1972, was amended to add the words "without provocation" before its second reading. SECOND "READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1 THEREOF SO AS TO REDEFINE THE TERM "VICIOUS DOG"; PROVIDING FOR SEVERANCE; 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, Branch, Gonzales, Lozano and Stark, present and voting "Aye." SW,UND HEADING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 5-51, ANIMALS AND FOWL; PROVIDING FOR IMPOUNDMENT AND OBSERVATION BY THE CITY VETERINARIAN OF ANIMALS SUFFERING FROM RABIES OR SUSPECTED OF RABIES; PROVIDING THAT NO ANIMAL THAT HAS RABIES OR SUSPECTED OF HATING RABIES SHALL BE ALLOWED IN PUBLIC PLACES, EXCEPT AS EXPRESSLY PROVIDED HEREIN; PROVIDING THAT THE OWNER, KEEPER, OR PERSON IN CHARGE OF ANY ANIMAL THAT HAS RABIES, OR DISPLAYS THE SYMPTOMS THEREOF SHALL TURN OVER SUCH ANIMAL TO THE HUMANE OFFICER OR ANY POLICE OFFICER ON DEMAND; PROVIDING THAT A REFUSAL TO TURN OVER SUCH ANIMAL SHALL CONSTITUTE A MISDEMEANOR AND UPON CONVICTION BE PUNISHABLE BY A FINE OF NOT LESS THAN $100 NOR MORE THAN $200; PROVIDING FOR DISPOSAL OF ANIMALS THAT • Minutes Regular Council Meeting August 16, 1972 Page 10 DIE OF RABIES; PROVIDING FOR A RECORD OF RABIES AND SUSPECTED RABIES TO BE KEPT BY THE CITY HEALTH OFFICER; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED SECTION 5-33„ SO AS TO PROVIDE FOR ISSUING NOTICE TO OWNERS OR KEEPERS OF DOGS RUNNING AT LARGE, FOR LACK OF IMMUNIZATION, AND FOR LACK OF PROPER LICENSING; PROVIDING FOR PENALTY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE A 7.08 ACRE TRACT OF LAND KNOWN AS THE ANDERSON PIT, LOCATED ALONG THE 4200 BLOCK OF McARDLE ROAD AND 'FURTHER DESCRIBED HEREIN, FOR THE PURPOSE OF E;TA3LISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREE- MENT IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read far the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PRO- HIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF LEOPARD STREET. BETWEEN UPRIVER ROAD AND OLIVER COURTS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES AND RENEWALS THEREOF, IF ANY, AS FOLLOWS: (1) J. N. GILLIS, TRACT C, AIRPORT; (2) W. A. WHITMIRE, TRACT E, AIR- PORT; (3) KELLY RANCH, TRACT D, AIRPORT; EXTENDING SAID LEASES FOR A FIVE (5) YEAR TERM, WHICH TERM SHALL IN ALL CASE$ BEGIN AUGUST 15, 1972, AND END AUGUST 15, 1977. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Ave." FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS WITH FAT McDONOUGH, JR., COVERING THREE TRACTS OF LAND LOCATED AT INTERNATIONAL AIRPORT, DESIGNATED AS TRACT 3, CONTAINING APPROXIMATELY 69.682 • Minutes REgular Council Meet{ -ng August 16, 1972 Page 11 ACRES, TRACT A, CONTAINING APPROXIMATELY 260 ACRES AND TRACT B, CONTAINING APPROXI- MATELY 107 ACRES, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES, FOR A TERM OF FIVE (5) YEARS, BEGINNING AUGUST 16, 1972, AND EXTENDING TO AUGUST 15, 1977, COPIES OF SAID LEASE AGREEMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE N0. 11035 APPROPRIATING PUT OF TRE NO 22Q STREET BOND FUND $565.97 TO SUPPLEMENT CONTINGENCY FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE N0. 10686 FOR PROJECT N0. 220-70-108 NORTH AIAMEDA STREET IMPROVEMENTS, I, H. 37 TO WEST BROADWAY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following yote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 11036 APPROPRIATING THE SON OF $21,093.07 OUT OF VARIOUS BOND FUNDS FOR EXPENSES IN CON- NECTION WITH THE SALE QF $4,806,000 GENERAL IMPROVEMENT BONDS, SERIES 1972 ON APRIL 19, 1972; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following Vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE N4. 11037 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR CODE ENFORCEMENT PROGRAM UNDER TITLE I OF THE HOUSING ACT OF 19490 AS AMENDED, IN THE AIRPORT PARK AND LEXINGTON SUBDIVISION AREAS FOR A TOTAL FEDERAL SHARE OF $900,596, ALL IN ACCORDANCEWITH THE ATTACHED EXHIBIT "A" WHICH TS MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye," ORDINANCE NO.11030 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL QR TRACT OF LAND LOCATED TN NUECES COUNTY, TEXAS; DESCRIBED SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCEL NO. 6, STAPLES^PADRE ISLAND DRIVE TO SARATOGA., PROJECT NO. 220-70-107; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, MRS. GIADYS LAIRD MILER, AND HUSBAND, EDMOND E. R. MILLER, 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, Bonniwe11, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." Minutes Regular Council Meeting August 16, 1972 Page 12 RESOLUTION NO. 11039 • APPROVING THE PLANS FOR DEVELOPMENT OF LARGE CARGO CARRYING FACILITIES AT HARBOR ISLAND AND INGLESIDE,, TEXAS, AND RECOMMENDATION TO THE CORPS OF ENGINEERS, U.S. ARMY, AND TO THE CONGRESS OF THE UNITED STATES THAT THE PIAN BE IMPLEMENTED AT THE EARLIEST PRACTICABLE OPPORTUNITY; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye." ORDINANCE NO. 11040 (Failed to pass) 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 NQ, 6106, AS AMENDED, UPON APPLICATION OF HUTCH BRYAN, ET AL BY GRANTING A SPECIAL PERMIT FOR A 10 -UNIT APARTMENT COMPLEX ON ALL OF LOT 38, BLOCK 1, LEXINGTON SUBDIVISION, LOCATED ALONG THE NORTH SIDE OF JOHANNA STREET, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CON- DITIONS SET FORTH HEREINAlltH; KEEPING IN'EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Th Charter Rule was ouspended And the foregoing ordinance failed to pass by the following vote: Bonniwell, Bosquez, Gonzales and Lozano, voting "Aye"; Sizemore abstaining, and Branch and Stark voting "Nay." ORDINANCE N0,11041 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 DOYLE G. HARRIS BY GRANTING A SPECIAL USE PERMIT POR ONE MOBILE HOME ONLY ON LOTS 15 AND 16, EXCEPT FOR AN 85' X 104' AREA OUT OF THE SOUTHWEST CORNER OF LOT 16, NUECES GARDENS #1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano end Stark, present and voting "Aye," FIRST READING OF AN ORDINANCE REGULATING THE SALE TO MINORS OF GLUE, SPRAY PAINT, OR STh1ILAR SUBSTANCE CONTAINING ANY ONE OR MORE OF CERTAIN VOLATILE SOLVENTS; MAKING IT UNLAWFUL TO INHALE THE FUMES OF ANY GLUE OR SPRAY PAINT BY MINORS AND OTHERS; DEFINING GLUE; DEFINING SPRAY PAINT; MAKING IT -UNLAWFUL TO INDUCE OR AID OTHERS TO VIOLATE ANY OF THE PROVISIONS OF THIS ORDINANCE; PROVIDING FOR PENALTY NOT T3 EXCEED $200 FOR VIOLATION; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY ORDINANCE NO. 8403; PROVIDING FOR SEVERABILITY; eaOVIDZNQ FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Sizemore, Bonniwell, Bosquez, Brandi, Gonza e, Lozano and Stark, present and voting "Aye." • Minutes Regular Council Meeting August 16, 1972 Page 13 Mayor Sizemore stated he is putting the Staff on notice that it is the Council's desire that the membership of the Park Board be expanded by an additional three membersfor a total of ten members, and also the Planning Commission was under consideration for enlargement. Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. John C. Abbott, 4625 Donegal, appeared representing two local garden clubs and residents in the Shea Parkway vicinity, and presented a petition contain- ing some 900 signatures of persons living in this area, requesting that permanent improvements be made to Shea Parkway to be funded from the coming bond election tentatively set for October 7, 1972. The petition called for installation of sprinkler system, grass seeding, landscaping and maintenance. She stated this parkway should be made comparable to that of Brawner and Louisiana Parkways, She stated tat the ,order. clubs had actempt,ed to beautify and improve the landscaping by planting trees; that approximately 22 trees of various varieties had been planted and only one-third of these had survived. She stated the residents in this vicinity feel it is a very nice neighborhood containing three schools, and that. they pay a large percentage of taxes and would like to see some of this tax money spent in their area and on landscaping of this ditch. (Petition #18-72) The City Manager stated the Staff is well aware of the ditch and its appear- ance; stated it is approximately one and three-fourths miles long and has some erosion problems; that it does not have concrete lining or base and is not designed for mowing equipment, and heavy equipment must have access for cleaning the ditch. He conceded that the trees which were punted by the garden clubs probably had bean destroyed by the mowing machines and heavy equipment. He stated to line the ditch, would be a major expenditure and that there are no funds available at the present or through the Open Space Program. Mayor Sizemore stated this request would be accepted and judged on what c.r= be done with funds available, but that there is no answer to the question of allocation of tax funds with respect to certain neighborhoods. City Manager Townsend reported that a petition had been received contain- ing 3$ signatures of residents in the Glen Arbor Park area and vicinity of Trey Way Lane, requesting that something be done about the infestation of various poisonous • • Minutes Regular Council Meeting August 16, 1972 Page 14 snakes in the parks, The petition stated that the snakes were keeping the park from being used as a playground, and pointed out recent snakebite incidences. (Peti- tion ik19*72) City Manager Townsend explained that the park areas had been cleaned twice, one of which was within the last week. Mrs, Joseph O'Brien, 526 McClendon, president of the Museum Guild and member of the Museum Advisory Board, appeared in protest of a recent proposal of the City Manager that certain changes be made in the composition of the Museum Advisory Board. She gave a detailed history of the Museum Advisory Board and the Board of Trustees pointing out past conflicts between the two boards, which she stated had resulted in absolutely nothing constructive being done for the Museum. She stated the boards had held joint meetings in an effort to resolve their differ- ences, but with no results, and she had concluded there was no way they can work together. She made reference to minutes of a series of meetings of the Museum Advisory Board, particularly the May 1972 meeting which the City Manager had attended and discussed the organization of the Advisory Board and the conflict between this Board and the Board of Trustees, and at this meeting proposed that these boards combine, forming one large board to be called the Advisory Board, retaining the present Advisory Board officers; that the "Friends" of the Museum have membership on the board and that the board gradually become smaller by not filling vacancies. Mrs. O'Brien urged the Council to accept the Museum Advisory Board's recommendation concerning the composition of the Advisory Board and the formation of a "Trust Fund Committee," rather than that of the City Manager. City Manager Tpwnsend explained that he had not submitted his proposal to the Council, and that he had intended to wait for comments from these individual groups and Board of Trustees before making recommendation to the Council. He explait4d. that a copy of his memorandum had been mailed to each member of the Board of Trustees a;d the Advisory Board, and was disturbed that the memorandum had appeared in the nesrsraper since it had not been released to the news media. Mayor Sizemore stated that since the foregoing matter is of a premature nature, the Council will await a report from the City Manager. • Minutes Regular Council Meeting August 16, 1972 Page 15 Mayor Sizemore announced the public hearing on the appeal of Mrs, Pauline Flores from a decision of the Building Standards & Housing Board of Appeals which was temporarily deferred earlier in the meeting because of the absence of the appellant and her attorney. It was determined that the appellant and her attorney had not made an appearance at the meeting at this time. Mayor Pro Tem Bonniwell suggested that this matter be listed on next week's agenda, and that the appellant and her attorney be so notified and given an opportunity to be present. Motion by Bonniwell, seconded by Lozano and passed, Sizemore voting "Nay," that the appeal of Mrs. Flores, be rescheduled for hearing on the agenda of August 23. Mayor Sizemore stated the meeting would be recessed for a workshop meeting relative to making appointments to Boards and Committees. Mayor Sizemore reconvened the meeting for the purpose of making appoint- ments to Boards & Committees. Motion by Bonniwell, seconded by Bosquez and passed, that the reaopoi,.a-.- ment of Curtis Dyer (Chairman), Ben Terry, James P. Naismith; Franklin Critz, Sr., R. E. Laird, to serve on the Board of Adjustment be approved and confirmed; and that Charles Bolden and Jesus Leija be appointed to replace Bill House and Stanley Martinez as alternates. Motion by Bonniwell, seconded by Branch and passed, that the reappoint- ment of Mrs. Lillian Leathers, Mrs. Aldine Burton and Roel Mendez, to serve on the Solicitations Commission, be approved and confirmed. Motion by Bonniwell, seconded by Stark and passed, that Reverend Hoii ar G. Tomlin be appointed to serve on the Library Boaro replacing Reverend David Wendel. Mayor Sizemore stated that the Council had agreed that the Staff will be directed to bring forth a resolution setting forth a new policy that board ^'embers cannot succeed themselves on any one board for mare than two consecutive terms and also for the enlargement of the Park Board and Planning Commission with guidelines regarding the functioning of these boards. There being no further business to come before the Council, the Regular Meeting was adjourned at 6:20 p.m., August 16, 1972.