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HomeMy WebLinkAboutMinutes City Council - 08/22/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 22, 1973 3:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales. Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Fred Allen of Ayers Street Church of Christ. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Branch, seconded by Acuff and passed, that the Minutes of the Regular Meeting of July 25, 1973, be approved as furnished to the Council. Mayor Luby proclaimed August 28, 1973 as FOSTER GRANDPARENT PROGRAM DAY, in recognition of the Corpus Christi State School for the Retarded observance of its first anniversary on that date. Mayor Luby recognized and welcomed as visitors in the audience Mayor Pro Tem Acuff's son and daughter-in-law, Mr. and Mrs. James T. Acuff, Jr., recently returned from Germany where they have been enrolled in graduate study. Mayor Luby recognized Mr. Williams C. Cunningham, Senior Vice President of Athena Cablevision Corporation, who presented a progress report of the Corporation's accomplishments up to this date. Mr. Cunningham stated the Company had asked for an extension one year ago and is facing that deadline next week to "substantially complete" cable service to the City according to the terms of the franchise. He reported that that deadline had been met and the installations are "substantially complete." He pointed out that a previous communication from the City had indicated that the cable television system would be substantially complete when 50 percent of the homes had service available and that his company had more than met that requirement. He listed what he termed "trials and tribulations" with which the Company has been confronted over the years, and expressed gratitude of the satisfactory relations which hove existed between the City and the Company during the last five years. Mr. Cunningham presented the City Secretary with the Minutes Regular Council Meeting August 22, 1973 Page 2 Company's check representing the quarterly payment of the franchise. Mr. Leonard C. Gregory, General Manager of the Company, explained in detail the accomplishments made since Athena Cablevision Corporation took over the opera- tions in March of this year, stating they were pleased to report that the things they had promised at that time had been accomplished, and that 80 percent of the homes in Corpus Christi now have cablevision service available, and hope to have 20,000 more homes connected by October 1 of this year. He stated they have connected more customers than any other city of comparable size in the nation. Mr. Jerry Jackson, Operations Manager presented a colored map from which he delineated 13 acres of the City which are completed or near completion, described each section giving number of miles completed, number of homes connected, and announced dates of expected completion. He stated the Company has completed a total of 426 miles which are in operation at this time, 240 of that number having been accomplished since March of this year. City Manager Townsend stated he is aware the Company is not asking for an exten- sion at this time, but pointed out that the language in the franchise does not clearly address itself to completion, and this Section is somewhat ambiguous as to the effective date of completion. He stated the system is well in operation and well underway toward its total completion. He agreed that 80 percent of homes exposed would be considered substantial, but explained that there are certain areas of the City which the Company has not reached at all, and that areas such as Flour Bluff and Calallen where the cable is in place but not yet connected could be considered as not substantially complete until the service is provided. He suggested, for the benefit of the Company as well as the City, a six months extension in order to give the Company time to put the entire system in operation. Mr. Cunningham stated he did not believe the installations would ever be complete because of changing conditions, but felt they are substantially complete under the terms of the franchise and had not seen a need for an extension, but he agreed that they had not foreseen the possible problems pointed out by the City Manager. Motion by Acuff, seconded by Lozano and passed, that Athena Cablevision Corporation be granted a six months extension of its completion requirements in its franchise without prejudice to the Company as to any • Minutes Regular Council Meeting August 22, 1973 Page 3 claim it might have that its system has been completed. City Manager Townsend presented nominations for appointments to Boards and Commissions which the Council had indicated they were prepared to confirm, as follows: Building Code of Appeals - reappointment of Mr. Edgar Moore. Building Standards and Housing Board of Appeals - reappointment of Dr. C. R. Woolsey, and appointment of Mr. John Thomas, replacing the Reverend Elliott Grant. Housing Authority - appointment of Mrs. Yolanda Peronis and Mr. Joe Hensler, to fill unexpired terms of Mr. F. E. Gonzales, Jr., and Mr. Robert T. Koester. Civil Service Board - reappointment of Mr. Henry Nuss. Motion by Acuff, seconded by Tom Gonzales and passed, that the foregoing appointments and reappointments to serve on Boards and Commissions, be confirmed and approved. The Council informally agreed to change the Council Meeting time from 3 p.m. to 2 p.m. each Wednesday and authorized an ordinance providing for the change to be on next week's agenda making the change effective September 5, 1973. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: 3 p.m. a. That a public hearing be held on September 12, Regular Meeting,/on the following zoning applications: (1) Tim Clower, Trustee - "R -1B" and "1-2" to "A-1" and "B-4", located on the north side of Holly Road, east of Kostoryz Road. (2) City Planning Commission - "R -1B", "AB" and "B-1" to "A-2", located on the west side of the 500 and 600 Blocks of Airline, south of South Alameda Street. (3) City Planning Commission - "R -1B", "AB" and "B-1" to "A-2", located on the northeast corner of Airline Road & South Alameda Street, and the northeast corner of Paloma and South Alameda Street. (4) City Planning Commission - "B-1" to "A-2", located on the northeast corner of Nile Drive and McArdle Road. (5) City Planning Commission - "R-2" to "R -1B", located on the north side of the 500 and 600 Blocks of Delaine and both sides of the 600 Block of Wilshire. b. That contracts be awarded to the following firms to furnish 1973-74 requirements for Warehouse Supply Items on the basis of low bid meeting specifications: BRIGGS -WEAVER, INC., Houston, Texas (Rubber & Neoprene Gloves) NORVELL-WILDER SUPPLY CO., Corpus Christi (Rubber Boots) $ 611.52 2,668.80 Minutes Regular Council Meeting August 22, 1973 Page 4 INGRAM EQUIPMENT, Corpus Christi (Safety Caps & Hats) BRANCE-KRACHY CO., INC., Corpus Christi (Raincoats & Storm Suits) PEDEN INDUSTRIES, INC., Houston, Texas (Nails, Staples & Tacks) CORPUS FIRE & SAFETY, INC., Corpus Christi (Joints & Fire Hose) Total $1,085.40 4,335.36 469.74 488.00 $9,658.82 Price compairson reflects a price decrease of 2.5%. Bids were received from eleven firms. (Bid Tabulation #61-73) c. That contracts be awarded to the following firms to furnish the 1973-74 requisaments of Water Meter Repair Parts on the basis of low bid: ROCKWELL INTERNATIONAL, Houston, Texas (Meter & Register Parts GAMON-CALMET IND., INC., Florence, Ky. (Lot III, Magnetic Meter Parts) NEPTUNE METER CO., Atlanta, Georgia (Lots IV & V, Spl itcase Meter Parts) MUESCO, INC., Houston, Texas (Lot VI, Meter Parts) BADGER METERS, INC., Milwaukee, Wisc. (Lot III, Meter Parts) CRANE WATER METERS, ROGERS, Arkansas (Lot VIII, Sealed Register Parts) CARLON METER SALES CO., Houston, Texas (Lot IX, Sealed Register Parts) HERSEY PRODUCTS, INC., Spartanburg, S.C. (Lot X, Bronze Register Box Parts) #62-73) Total $14,504.27 3,664.10 759.07 1,099.75 484.50 1,039.60 2,325.64 241.88 $24,118.81 Bids were received from eight firms. No price comparison is available. (Bid Tabulation d. That a contract be awarded to C. C. Photo Print Co., Corpus Christi to furnish 1973-74 requirements of Blue Print Service for $4, 136.48. Bids were received from five firms. Price comparison shows an increase of 11%. (Bid Tabulation #63-73) e. That all bids received for Street Sign Blanks be rejected on the basis of excessive cost for a /firm price for one year. This material will be re -bid for supplies for periods of less than one year. A price comparison indicates a potential increase of 38% over the previous contract. (Bid Tabula- tion #64-73) f. That all bids received for Bag Portland Cement be rejected on the basis of excessive cost for a firm price for one year. This material will be re -bid for supply for periods of less than one year. A price comparison shows the increase would have been approximately 43%. (Bid Tabula- tion #65-73) • Minutes Regular Council Meeting August 22, 1973 Page 5 g. That all bids be rejected on our 1973-74 requirements of Standard Stock Forms on the basis of no firm bids submitted. Items covered in this bid invitation will be purchased by competitive bid. (Bid Tabulation 066-73) h. That contracts be awarded to the following firms to furnish 1973-74 requirements for Printing Papter & Stationery Store Items on the basis of low bid meeting specifications: BANCROFT PAPER CO., Corpus Christi (Lot II, NCR Paper) $1,129.99 FEDERAL ENVELOPE CO., San Antonio, Texas (Lot III, Envelopes) 2,233.56 Totol $3,343.55 All bids on the other Tots under this item, including papers, tapes, index cards and stationery items are recommended for rejection, and the items purchased as required. Bids were received from five firms. On items recommended, a price comparison shows an increase of 15%. (Bid Tabulation #67-73) i. To contract with Mr. M. E. Tonroy, C & B Building Corporation for the rental of the building located at 620-626 Old Brownsville Road containing 10,000 sq. ft. for a three year period at a monthly rental of $1,000.00. The building is off the 2900 Block of Leopard Street and previously housed a pharmacy. j. That the City Manager be authorized to execute a lease agreement with Mr. Kenneth G. Bailey for a two-way broadcasting tower at 826 South Padre Island Drive. This tower has previously served as the Primary Police tower and will now serve as a backup system. The cost will be $90 per month which is provided in the Police Department budget. k. That No. 102 General Fund be reimbursed $90, 107.84 for engineering services provided during the Fourth Quarter from May 1, to July 31, 1973 on various Bond Fund projects and that $65,718.63 be appropriated to supplement remaining contingency appropriations of $24,389.21. I. That plans and specifications for completion of the new wing of the Corpus Christi Museum be approved and bids be received on September 12, 1973. The work consists of installing flooring, painting, suspended ceiling, electrical work, air conditioning and humidity control for the new wing. This project was authorized in the 1972 bond election. m. That the City Manager be authorized to enter into a contract with H. E. Butt Grocery Company providing for the deferred construction of City Standard Screening Fence on two parcels • Minutes Regular Council Meeting August 22, 1973 Page 6 of land owned by H.E.B., and providing for establishment of trust fund at Corpus Christi Bank & Trust in amount of construction costs with the City to determine when construction of the fence shall take place which shall be no later than the date that residential construction is begun on adjacent land. n. That an ordinance amending Ordinance No. 11364 passed and approved March 21, 1973, be approved to change the name of grantee to Corpus Christi Sight Seeing Service, Inc. d/b/a/ Gray Line of Corpus Christi. o. That the present Street Lighting Policy be amended to allow the installation of street lights in new subdivisions immediately after dedication by the payment of $20 per light by the developer or builder as their share of the cost for this improved service. Motion by Acuff,.seconded by Ricardo Gonzalez 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 presented. City Manager Townsend presented the pending matter of Application #673-10, Oscar Garza, Jr. for change of zoning from "R -1B" to "A-1" located on the north side of Glenoak Drive west of Debra Lane. He explained the background of the public hearings, stating that due to improper notices relative to the time and place of the hearing before the Council August 15, 1973, the hearing had been recessed and also to be acted upon by a full Council in view of the 20 percent rule in effect. Mr. Townsend explained that the Planning Com- mission had recommended denial of the "A-1" Apartment House District as requested but in lieu had recommended "R-2" Two-family Dwelling District, and the Staff recommended denial. He noted that an ordinance has been prepared for the Council's consideration on today's agenda for the closing of street right-of-way areas abutting or lying within Lot 25, Section 54, Flour Bluff and Encinal Farm & Garden Tracts, and Lot 21-D, Glenoak Subdivision, which he pointed out is unrelated to this zoning request but is located in the area. Mr. William John Lear, 222 Juniper, spoke in opposition to any change in zoning in this area, stating he is speaking for himself but all the property owners within this notification area are vehemently opposed to anything other than single-family usage. He stated Glenoak Street is already overburdened with traffic, sod the latest addition of a trailer park, and apartment houses constructed across Padre Island side of Glenoak, has further increased the congestion; that the intersection at the corner of Glenoak and Tulane has collapsed due to current paving construction, and when this happens Juniper Street is cut off from emergency equipment and other travel. He stated the residents feel any change in density would be extremely detrimental to the • Minutes Regular Council Meeting August 22, 1973 Page 7 re -sale value of their properties. Commissioner Ricardo Gonzalez questioned the statement that the re -sale value of these properties has decreased, stating that a recent check had shown sales to be good. As to the density, Commissioner Gonzalez stated R is an accepted trend all over the country that apartments are necessary because of the high cost of land, labor and materials. Mr. Benny Martinez, representing the applicant, presented a detailed description of the proposed opartment development stating they had made this approach because it would be the best use of the land and most economically feasible to obtain a fair rate of return on their investment. He presented a copy of a newspaper article to support what the market is dictating relative to the high cost of mortgages for single-family dwellings. Mr. Jesus Leya, architect for the applicant, presented the site plan for the proposed development, stating the units are not apartments but garden type units. He stated the tract will be developed with small 9 -unit clusters containing one, two and three bedrooms. He described the access routes and a cul-de-sac which will be constructed to meet City standards, that there are all utilities, water, gas, lights, and sewer facilities available to the property, and adequate parking areas planned mainly on the outside perimeter of the tract. He stated if "R-2" is accepted, they will have to deviate from their original site plan and eliminate three of the units and with this reduction, the open space area will be 52 percent. City Manager Townsend pointed out that Glenoak is narrow and no immediate plans seen to change that status. Motion by Stark, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Lozano, with Acuff voting "Nay", that the recommendation of the Planning Commission be concurred in and that Application #673-10, Oscar Garza, Jr., for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on the northwest 1/2 of the southwest 1/2 of Lot 25, Section 54, Flour Bluff & Encin al Farm & Garden Tracts, be denied, but in lieu thereof "R-2" Two-family Dwelling District be approved, and that an ordinance be brought forward effectuating the change. ORDINANCE NO. 11642 THIRD READING OF AN ORDINANCE AUTHORIZING INSTALLATION OF 27 PARKING METERS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT ALONG THE CURB OF THE ISLAND LOCATED BETWEEN THE TERMINAL BUILDING AND THE MAIN PARKING LOT, IN ACCORDANCE WITH THE ATTACHED SCHEMATICS, MARKED EXHIBIT! "A"; ESTABLISHING A • Minutes Regular Council Meeting August 22, 1973 Page 8 RATE FOR PARKING AT SAID METERS OF TWENTY CENTS (206 FOR EACH HALF-HOUR OR TEN CENTS (10G) FOR 15 MINUTES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11643 ANNEXING TO THE CITY OF CORPUS CHRISTI, TEXAS, PORTIONS OF COUNTY R0.4DS NO. 54-A AND 67-A, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND THE CITY CHARTER, ARTICLE I, SEC. 4), PROVIDING FOR ANNEXATION OF ROADS, HIGHWAYS AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY BY ORDINANCE OF THE CITY COUNCIL; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11644 RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE CALALLEN INDEPENDENT SCHOOL DISTRICT PROPERTY AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN THE CALALLEN INDEPENDENT SCHOOL DISTRICT AND THE CITY FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZA- TION THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11645 RATIFYING, CONFIRMING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF A TRACT OF LAND OWNED BY LEW BORDEN AND NIXON McNIEL, SAID TRACT BEING OUT OF LOT 8, SECTION 12, BOHEMIAN COLONY LANDS, AS SHOWN IN EXHIBIT "A" ATTACHED, BEING THE FULLY SUBSCRIBED AND DULY FILED CONTRACT BETWEEN LEW BORDEN AND NIXON McNIEL AND THE CITY OF CORPUS CHRISTI FOR SAID ANNEXATION AND THE COUNCIL AUTHORIZATION THEREOF; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting August 22, 1973 Page 9 ORDINANCE NO. 11646 APPROPRIATING THE SUM OF $65,718.63 AS FOLLOWS: $49,067.08 FROM NO. 220 STREET BOND FUND $ 7,226.72 FROM NO. 295 STORM SEWER BOND FUND $ 7,423.26 FROM NO. 296 STORM SEWER BOND FUND $ 472.07 FROM NO. 250 SANITARY SEWER BOND FUND $ 1,529.50 FROM NO. 245 AIRPORT BOND FUND TO SUPPLEMENT $24,389.21 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR CONTINGENCIES AND INCIDENTAL EXPENSES, APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $90,107.84 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD OF MAY 1, 1973 TO JULY 31, 1973; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11647 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH H. E. BUTT COMPANY CONCERNING SCREENING FENCE REGULATIONS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11648 AMENDING ORDINANCE NO, 11364 PASSED AND APPROVED BY THE CITY COUNCIL ON THE 215T DAY OF MARCH, 1973, TO PROVIDE FOR A CHANGE OF NAME IN THE FRANCHISE GRANTED BY SAID ORDINANCE FROM "AL ESCALANTE DBA CORPUS CHRISTI SIGHT- SEEING SERVICE" TO "CORPUS CHRISTI SIGHT-SEEING SERVICE, INC., DBA GRAY LINE OF CORPUS CHRISTI'; KEEPING IN EFFECT ALL OTHER PROVISIONS OF ORDINANCE NO. 11364; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11649 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 APPLICA- TION OF MRS. BEULAH BAKER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN • Minutes Regular Council Meeting August 22, 1973 Page 10 TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1A" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEP- ING 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11650 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 GEORGE BAYDER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20, 21, 22 & 23, BAYDER SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "8-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11651 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 SY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF E. B. TYLER, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF TRACT B, TYLER SUBDIVISION, 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 PRO- VISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rude was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11652 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 MICHAEL B. LEWIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 140' x 110' TRACT OUT OF THE EAST HALF OF LOT 25, SECTION 17, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING • Minutes Regular Council Meeting August 22, 1973 Page 11 DISTRICT TO "B-1" NEIGHBORHOOD 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11653 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 M. T. TONESS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 1 -ACRE TRACT OUT OF LOT 1, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1A" 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11654 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 UNA WILSON, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 8, BROADMOOR PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11655 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 W. E. JAMESON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON ALL OF LOTS 1 THRU 5, BLOCK 1, BLUE WATER ADDITION 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 Minutes Regular Council Meeting August 22, 1973 Page 12 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11656 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 PARKDALE STATE BANK, BY AMENDING THE ZONING MAP BY CHANG- ING THE ZONING ON A PORTION OF LOT 17, SECTION 2, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-5" PRIMARY 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11657 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 CROWN SERVICE CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 134, BLOCK 1, MOBILE ESTATES SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11658 CLOSING THE STREET RIGHT OF WAY AREAS ABUTTING OR LYING WITHIN LOT 25, SECTION 54, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, AND LOT 21-D, GLENOAK SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting August 22, 1973 Page 13 ORDINANCE NO. 11659 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH KENNETH G. BAILEY FOR THE USE OF A TWO-WAY BROADCASTING TOWER LOCATED ON LOTS 11 AND 12, BLOCK 1, GABRIEL TERRACE (826 SOUTH PADRE ISLAND DRIVE), IN ACCORDANCE WITH THE TERMS OF SAID LEASE AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11660 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH C & B BUILDING CORPORATION FOR THE LEASE OF THE BUILDING AND PREMISES LOCATED AT 620, 622, 624 and 626 OLD ROBSTOWN ROAD, IN ACCORDANCE WITH THE TERMS OF SAID CON- TRACT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11661 AUTHORIZING THE CITY MANAGER TO EXECUTE REVOCABLE EASEMENTS WITH THE PROPERTY OWNERS ABUTTING UNDEVELOPED TWEET STREET, BETWEEN KOSTORYZ ROAD AND COSNER STREET, WHO DESIRE TO CONSTRUCT FENCES ACROSS TWEET STREET SO AS TO PRECLUDE ACCESS BY THE GENERAL PUBLIC; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Mr. Fred Auforth, attorney representing the Calallen Independent School District, stated passage of the ordinances for annexation of the School property and roads were of vital concern to the School District because disapproval would mean in effect a cutoff of their water supply. Mayor Luby called for petitions or information on matters not scheduled on the agenda. Mr. Dean McFall, 5425 Fresno, appeared relative to a former inquiry he had made in connection with the security protection provided by the City for a Council member prior and during the May, 1973 Mayor and Council Election, stating he was told at that time that the matter could not be discussed for security reasons; that since that time it had been made public t Minutes Regular Council Meeting August 22, 1973 Page 14 by the City Manager and he assumed it could now be brought out. He stated he would still like to know if said security is still being provided; if there has been any threats made on any of the other Councilmen and if so, is the same protection being provided; if it is not true that the City has spent some $30,000 on this protection; and how long will it be continued? City Manager Townsend stated the protection is still being provided and will as long as it is needed but could not be controlled by a time table; that if there are threats to other menders of the Council, the same security will be provided, and that the matter will be closed as soon as possible. Mr. W. A. Scholl, 4718 Larcade, Dispatcher in the Fire Department, appeared and stated he was speaking in the interest of the taxpayers of Corpus Christi and wanted to call the Council's attention to certain inequities in employment pnecedures in hiring civilian dis- patchers at a cheaper rate to do the same job as firemen. He stated the Council is bound by 'the Charter and questioned its authority to change the provisions by ordinance. Mr. Scholl continued his allegations at length making reference to points of law and discrepancies in ° Council actions involving law suits and the City Attorney. City Manager Townsend noted that Mr. Scholl was reciting law involving the Council 9 and City Attorney and requested that he submit his complaint in writing. Mr. C. H. Cunningham, owner of Hi -Points Courts, 3612 Surfside, appeared in rconnection with a previous complaint that he hod tried unsuccessfully for two years to get the City to clear the weeds and trash from the 3600 Block of Surfside. He stated that after his appearance before the Council on August 8, he had been promised that the lots would be in= vestigated, and he was asked to repos$ back in two weeks if the Tots were not cleaned. He stated'the crews oame out but nothing was done. He presented the Council with pictures which were token at random of the Beach, and stated he had been advised by a Staff member that the City could not mow the lots unless the weeds were waist high. A a City Manager Townsend explained that the City has no authority to go onto private property. and Blear it of weeds for reasons of esthetics only; that the basis for authorizing that 4 -it be done b1 Weed Control must be for health, safety, and welfare of the public, and then proof muse be shown that it is in fact a hedth or safety hazard. He stated this is a slow process involving some five or six weeks. Mr. Townsend stated it had been determined that the Minutes, Regular Council Meeting August 22, 1973 Page 15 condition complained of is not a health hazard. .11 Mayor Luby advised that salolae action would be taken on this matter today, that it would be discussed and he would get in touch with Mn. Cunningham. Mr. Wendell Keetch, 2638 Debra, spoke in opposition to the granting of "R-2" zoning on property located on the north side of Glenoak Drive, Lot 25, Section 54, Flour Bluff & Encinal Farm & Garden Tracts, requested by Mr. Oscar Garza, Jr. He stated that the majority of residents in the surrounding area of this property had indicated their opposition by signing petitions, and had strenuously voiced their objections at the Planning Commission hearing; that he could not understand the Commission's action in granting "R-2", and felt the Council should give this matter serious consideration before passing the ordinance. ORDINANCE NO. 11662 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. 6106AS AMENDED, UPON - APPLICATION OF OSCAR GARZA, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 25, SECTION 54, FLOUR SLUFF & ENCINAL FARM* AND GARDEN TRACTS, 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: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff present and voting "Nay". There being no further business to come before the Council,, motion by Acuff, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 5.00 p.m., August 22, 1973. .1