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HomeMy WebLinkAboutMinutes City Council - 11/07/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 7, 1973 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzales Gabe Lozano, Sr. City Manager R. Marvin Townsend Assistant City Attorney Michael May 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 Dr. E. S. Branch, Pastor of the Fourth Missionary Baptist Church of Houston, Texas. Dr. Branch is a brother of Commissioner Branch and a delegate to the Southern Baptist Convention presently being held in this City. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Branch and passed, that Commissioner Stark be excused for just cause. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the minutes of the Regular Council Meeting of October 24, 1973, be approved as presented to the Council. Mayor Luby recognized student representatives of W. B. Ray High School, and presented Certificates of Attendance to the following: Bill Chriss and Gilbert Garcia, representatives of the Student Council; and Gregg Robertson, Alicia Lane, Margaret Gollihar and Jana Aboud, representatives of the Civics Class. Mr. Robert Christian, representative of the Nueces County Hospital District was recognized at which time he read a statement by a surgeon who happened to be at the scene of a major accident which occurred in Karnes County on Labor Day September 3rd, commending Mr. Louis Valls, Fireman -EMT -A (Emergency Medical Technician), for his outstanding and skillful performance at the scene. He was credited with the rescue of a child and several adults showing courage and personal disregard for his own safety, and demonstrating great value of his training as an EMT. Mayor Luby presented Mr. Valls with a commendation plaque from the Nueces Hospital District and City of Corpus Christi in recognition of this service beyond the call of duty in rendering aid and demonstrating human concern for his fellowman. Director of Public Utilities, Robert E. Schneider, presented the Council and other key representatives with "hard hats" to emphasize the hearing to be held • Minutes Regular Council Meeting November 7, 1973 Page 3 pointed out Charter provisions governing this action and acquisition processes. No one appeared in opposition to the foregoing amendment to the Corpus Christi Beach Master Plan. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Staff and the Planning Commission be concurred in and that the Corpus Christi Beach Master Plan be amended to designate the boundaries of the park at the north end of the Beach as that area north of Gulden Street from the Bay to Timon Boulevard and north of Sandbar Street from Timon Boulevard to Highway 181, and that an ordinance be brought forward effectuating this action. Commissioner Branch departed the meeting at this time. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held November 28, 1973 at 3 p.m. on the follow- ing zoning applications: (1) Mr. William Sissamis and Mr. Louis Sissamis-"R-1B" and "B-1" to "B-4", Tracts A & B, located on the southeast corner of Daly and South Padre Island Drives. (2) Mr. George P. Bocanegra - "R -1B" to "B-4", located on the southeast corner of Joyce and Wood Streets. b. That a public hearing be held on November 21, 1973 on the contractual annexation of a lot along State Highway 77 in Calallen owned by the Catholic Church, on which a new Pax Christi Girl's Home will be constructed adjacent to the existing City Limits. The owners desire to annex so that the property can be served with utilities. c. That a contract be awarded to 3M Magnetic Products Division, San Antonio, Texas, for the leasing of 15 magnetic disk packs for a three year term with an option to renew for two years on the basis of low bid meeting specifications of $14.00 per month (annual cost $2,520). Bids were received from three firms. The disk packs are for the Data Processing Department. d. That $2,000 be appropriated for audit fees of Touche Ross & Co., on two federally funded projects, Clarkwood, San Juan, and McNorton, and Flour Bluff Sanitary Sewer Improvements. Independent audits are required by H.U.D. on projects in which they participate. i Minutes Regular Council Meeting November 7, 1973 Page 2 Saturday, November 9, at Three Rivers on the site of Choke Canyon, at which hearing five Congressman will attend. Mr. Schneider stated it is hoped these Congressman will return to Washington and press for passage of the Bill for this project. He explained that the "hard hats" are symbolic of the efforts and time spent on this project and which will be necessary to complete the job. Others present and receiving "hard hats" were Mr. Herbert Whitney, former City Manager of Corpus Christi; Miss Louise Schimmel of Knolle Farms; Mr. Sam Amspoker, Corpus Christi Chamber of Commerce; Mr. Jesse Rodriguez, Board member of Lower Nueces River Water Supply District, and Judge William E. Nichols, representative of San Patricio Councy. City Manager Townsend presented nominees for the Museum Advisory Board as follows: Mr. Nick Vallado, Mrs. Laura Allard and Mrs. Betty Whitt (School Board nominees); Mrs. J. A. O'Brien and Mr. Frank Wagner (Friends Nominees); Mrs. John G. Kenedy, Jr., Mr. Sam Fitzpatrick and Mr. C. F. McCauley (Museum Advisory Board nominees); Mrs. Charles Canine, Jr. (Museum Guild nominee); and Dr. Ralph Gilchrist, Mr. Dan Kilgore, and Mrs. Sam E. Wilson, Jr. (City Council Nominees). Motion by Branch, seconded by Lozano and passed, that the foregoing nomina- tions for the Museum Advisory Board be approved and confirmed. Bids were opened and read by Director of Engineering and Physical Develop- ment on the Six Points Drainage Improvements from Six Points Intersection along Alameda to Louisiana Boulevard, from the following firms: Heldenfels Brothers, Maverick Construction Company, and T. H. Lee, Contractor, Bids were opened and read by Mr. Lontos for electrical and air conditioning modification to the eighth floor of the Jones Building, from the following firms: Electric Construction Company, Inc,; Mathieu Electric Co., Inc.;/ Scott Electric Company; and Garza Electric Company. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Luby announced the public hearing on an amendment to the Corpus Christi Beach Master Plan for designation of the boundaries of the park on Corpus Christi Beach. City Manager Townsend pointed out the proposed boundaries as being that area north of Gulden Street from the Bay to Timon Boulevard and north of Sandbar Street from Timon Boulevard to Highway 181, stating that this was the recommendation of the Planning Commission, unanimously approved on October 16, 1973. Mr. Townsend • • Minutes Regular Council Meeting November 7, 1973 Page 4 e. That the proposal of Trinity Testing Laboratories, Inc., to provide laboratory services required in connection with the design of additional boat slips along the north side of the Lawrence Street T -Head be accepted. The work includes 6 borings to a depth of approximately 20 feet, and two strength tests at an estimated cost of $1,580. This is a necessary part of the design of the new slips. f. That $4,250.00 be appropriated for the acquisition of Parcel No. 12 (a 15' by 626' storm sewer easement) for the Wooldridge -Staples Outfall Project from Mr. and Mrs. Charlton F. Fairless. The easement is necessary for the concrete box portion of the project. Under the easement agreement, the City will pay the owners $4,250.00 for the removal of all structures within the easement area, including a garage and cattle pens. This parcel completes right-of-way acquisition for the concrete box. g. That $4,200.00 be appropriated out of the No. 295 Storm Sewer Bond Fund for the purchase of Parcel No. 7-B of the Wooldridge -Staples Outfall Project from Dr. and Mrs. Byron N. Coward, of which $4,000.00 is for land acquisition and $200.00 is for incidental costs related to closing. This parcel is needed as part of the open ditch portion of the project at the lower end of the drainage system near Rodd Field Road. The price is based on comparable sales in the area. h. That charter bus rates be increased approximately 4-1/2% to offset the increased cost of labor and maintenance of equipment, and to equate the City's rates with the rates now charged by other charter bus lines. The Texas Railroad Commission adopted this new rate schedule on October 1, 1973. The City has generally charged the same rates as those adopted by the Railroad Commission for private charter bus service. i. That the franchise agreement with Inland Limousine Service Inc. for Airport limousine service be amended as recommended by the Airport Advisory Board to increase the rate in Zone 1 from $2.00 to $2.50 per person and in Zone 5 from $5.00 to $6.00 per person with a maximum of $15.00 per trip to the Naval Air Station. Most of the trips in Zone 5 involve Navy personnel. The $15.00 maximum charge provides Navy personnel a lower rate if three or more persons make the same trip. The rate increase is needed because of increased salary costs and operating expense. The franchise produces a very marginal net income and would be operating at a loss if it were not for revenue produced by separate agreements with the insurance service at the Airport. The franchise is for five years and expires February 1976. • • Minutes Regular Council Meeting November 7, 1973 Page 5 The rates were last increased in May 1972. an increase from $2.00 to $2.50 for Zone 1, to Zone 2, an increase in Zone 2 from $2.75 Inland Limousine Service has requested moving Corpus Christi Beach from Zone 1 to $3,00 and an increase in Zone 5 from $5.00 to $8.00. It is recommended that a public hearing be held November 14, 1973 at 2 p.m. (Considered separately - Proposal of Impact Advertising Company for a trash receptacle franchise - see subsequent motion) k. That a resolution be passed expressing the City Council's concern for and desire to improve and maintain the attractiveness and aesthetics of the various entrance ways to the City, such as Highways 77, IH 37, 181 and 44, and Chapman Ranch Road and Weber Road and that this concern be taken as a statement of general policy to give guidance and direction to the Planning Commission and other advisory boards in their deliberations. 1. That the City Manager be authorized to contract with Mr, Randy Jones for a three-year lease of the west 100 feet of Lots 18 and 19 of the A. Bagnall tract located on Nueces Bay Boulevard immediately north of Up River Road, This property will provide parking for the Nursing Health Center at 620 Old Robstown Road which was recently leased and approved by Council action on August 22, 1973. The leasing of this property was tentatively approved at that time as a part of the total facility. In consideration of the use of the property for three years, the City will pave the two lots and access road with a double course of inverted penetration asphalt paving. m. That the City Manager be authorized to execute a contract with IBM Corporation for the installment purchase of one 370/135, 144K processing unit, Model GDO, one Power Unit, Model 001, and one Printer Keyboard, Model 001. The total purchase price of this equipment is $520,906.27, including interest, and will be paid for on an installment basis over a six year period. The down payment of $22,792.75 and the monthly payments are provided in the 1973-74 budget. The equip- ment has been delivered and is operational. The City Council approved the procedure for upgrading the IBM system and the purchase of the 370/135,144K system on May 31, 1973. n. (Considered separately - Setting date of November 28, 1973 for amendment to zoning text re "exclusionary zoning" - See subsequent motion) City Manager Townsend presented Item "j" as follows: Recommendation that the recommendation of the Arts Commission that "the proposal of Impact Adver- tising Company for a trash receptacle franchise be denied" be accepted as the City's r Minutes Regular Council Meeting November 7, 1973 Page 6 position and that the need for additional trash receptacles through the community be considered as a separate program request to be balanced against other needs in the 1974-75 budget or against other proposed Revenue Sharing projects if the Council feels that priority should be given to this matter before 1974-75. Mr. Townsend stated the Planning Commission had recommended that the proposal be accepted, after first recommending denial. Attorney Toufic Nicolas, appeared representing the Impact Advertising Company and presented the request of his client for a trash receptacle franchise in the City. He furnished the Council with a copy of the letter -request dated August 13, 1973, pointing out that the original request had been submitted in April of this year. He stated they were aware that at that time the Council had other overriding matters, but had subsequently referred it to the Planning Commission and the Municipal Arts Commission for recommendations and comments. He noted that the Planning Commis- sion's recommendation was that the proposal made by the Advertising Company be accepted in view of the need stated by the staff; that the Municipal Arts Commission forwarded a recommendation to the Council that "where a definite need can be demonstrated, the City should, at public expense, provide and maintain a non -advertising, attractive trash receptacle, and therefore recommended that it be denied." Mr. Nicolas stated 100 receptacles are proposed to be placed on public rights-of-way; that after the initial two-year trial period the receptacles would become City property for any use deemed appropriate or for use in parks or other public areas with or without the advertising; that 50 other receptacles would be used on private property such as shopping centers under separate agreements with businesses. He presented photographs of the present City -owned trash receptacles taken on the City Hall parking lot and Cole Park to illustrate their deteriorated condition. He explained that at the end of the two-year period, if the City is satisfied, the Company will install new receptacles. He stated the cans will be maintained and damaged ones replaced. He stated the City would be using a "double standard" to deny the request because of the advertising, pointing out that advertising is used extensively on City buses with no objections from the staff. He pointed out that the operation is a private enterprise, the City would be getting something for nothing, and would have nothing to loose. City Manager Townsend explained that the advertising on the buses is, necessary to keep the system in operation and is a question of choosing between the advertising or the service. He pointed out that there would be problems regarding the pickup by • • Minutes Regular Council Meeting November 7, 1973 Page 7 the City's Sanitation Department in trying to absorb that many cans, and also pointed out that some of the areas where these receptacles would be placed are presently being served by commercial contractors. He stated the opposition of the Arts Commission is also the opposition of the staff, that this much advertising is "aesthetically unaccept- able", not recommended as a priority expenditure, but if the program is approved, he would ask for guidelines as to where the receptacles would be placed. He pointed out that this type of advertising would he prohibited on Shoreline, and if on private prop- erty, compliance with that particular zoning classification would be necessary relative to signs; that the City would have no control over what would be placed in malls or on private property and the Company would have to negotiate with owners; that he is only concerned with public right-of-way and in this case, setback lines would be observed. Mr. Claude Robinson, representative of the Company, explained the type of construction of the receptacles and maintenance agreements. He stated there would be no beer, alcohol, tobacco, or any other advertising which would be objectionable to the staff and Council, that they would be placed wherever designated, and that a certificate of insurance would be issued on the receptacles for the two-year period. Mr. Paul Vogler, Jr., stated he feels the Council should approve the request; that there is confusion in his mind regarding the recommendation of the Municipal Arts Commission since they claim to be artists. He stated he himself is an artist and he would defy anyone to question the artistic design of the receptacles and is angered at the position of the Municipal Arts Commission who call themselves artists. Motion by Ricardo Gonzalez, seconded by Acuff and passed, Luby voting "Nay", that the recommendation of the Planning Commission be approved and the proposal of Impact Advertising Company for placement of waste receptacles in the City be accepted with a limitation of 100 cans. Mr. Townsend advised Mr. Robinson that the franchise would be prepared and placed on a three reading basis. Mr. Robinson questioned if this could be in the form of a contract or agreement, stating it had never been termed a franchise in any other City. City Manager Townsend pointed out the difference between'a franchise and a revocable permit, and the Council agreed that it should be a franchise and read three times. • • Minutes Regular Council Meeting November 7, 1973 Page 8 Mayor Luby announced the scheduled public hearings on four zoning applications, City Manager Townsend presented Application #1073-4, Reyes Castillo and Jose Rodriguez, Jr., for change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lot 3A, Block 1, Patrick Gardens Subdivision, located on the east side of Cheyenne Street, south of Morgan Avenue. The request was heard by the Planning Commission October 2, 1973 and forwarded to the Council with the recommendation that it be approved as a logical extension of the "B-4" zoning in the area. The Staff's opinion was that the requested "B-4" zoning would be an intrusion into a residential area and would have a detrimental effect on the existing residential uses, and recommended denial. Mr. Townsend stated one letter had been received since the Commission hearing in opposition, and that the 20 percent rule is not in effect. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the recommenda- tion of the Planning Commission be concurred in and Application #1073-4, Reyes Castillo and Jose Rodriguez, Jr., for change of zoning from "A-2" Apartment House District to "B-4" General Business District on Lot 3A, Block 1, Patrick Gardens Subdivision, be approved and an ordinance be brought forward effectuating the change, City Manager Townsend presented Application #1073-5, Ronald B. Hower, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District, on ten acres of land more or less, out of Share 1, T. H. Isensee Partition, out of Survey 404, Abstract Nos. 975 and 976, Nueces County, Texas, located on the east side of Rand Morgan Road, between Highway #44 and McNorton Road. The request was heard by the Planning Commission October 2, 1973, and forwarded to the Council with the recommendation that it be approved as a logical use of the property and also, it coincides with the plans of the City development under the flight patterns of airports, and the Staff concurred in this recommendation. Attorney Scott Cook spoke on behalf of the applicant stating that his client proposed to establish a construction yard for construction of fencing, gates, pens and corrals, with no inten- tion to use as residential. In regard to the "exclusionary zoning" question now pending before the Council, Mr. Cook stated the flight patterns would regulate the residential use in this area. • Minutes Regular Council Meeting November 7, 1973 Page 9 The Council expressed satisfaction with the proposed use of this land, but since it is located on Highway 44 and McNorton near the International Airport, raised the question of the Council's and Staff's concern to minimize residential development under flight patterns. City Manager Townsend stated that since there was general agreement that there should not be residences in industrial districts, the Council should proceed with steps to restrict this type of development. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that a public hearing be held on November 28, 1973, for an amendment to the zoning text to delete residential uses of all types from the "1-2" Industrial Districts. (City Manager Townsend stated this time would be listed as Item "n" under the City Manager's Reports of the Minutes.) No one appeared in opposition to the recommendation of the Planning Commission. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission be concurred in and Application #1073-5, Ronald B. Hower, for change of zoning from "F -R" Farm -Rural District to "1-2" Light Industrial District, on ten acres of land more or less, out of Share 1, T. H. Isensee Partition, out of Survey 404, Abstract Nos. 975 and 976, Nueces County, Texas, be approved, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1073-6, Nueces County, for change of zoning from "A-2" Apartment House District to "B-5" Primary Business District, on Lots 8 thru 14, Block 17; all of Blocks 26 & 27; Lots 1 thru 7 and 10 thru 14, Block 32, Bluff Portion, located between Mestina on the north side, Waco Street on the west side, Comanche Street on the south side, and the east side of Carrizo Street. The request was heard by the Planning Commission October 2, 1973, and referred to the Council with the recommendation that it be approved. The Staff concurred in this recommendation. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Lozano and passed that the hearing be closed. Motion by Acuff, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #1073-6, Nueces County, for change • Minutes Regular Council Meeting Page 10 of zoning from "A-2" Apartment House District to "B-5" Primary Business District, on Lots 8 thru 14, Block 17; all of Blocks 26 & 27; Lots 1 thru 7 and 10 thru 14, Block 32, Bluff Portion, be approved as requested and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #973-3, Dwight L. Smith, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 21, Block 1, Mesa Addition, located on the northwest comer of Violet Road and Blades Street. The request was heard by the Planning Commission September 4, 1973, and forwarded to the Council with the recommendation that it be approved on the basis that it was deed restricted to include business when the subdivision was developed which was prior to annexation. The Staff recommended denial on the basis it would be detrimental to adjacent residential uses. Mr. Townsend explained that this case was originally set for a hearing on October 3, 1973, but because of a misunderstanding between the applicant and the Staff as to the time of the hearing, the request was rescheduled, and the usual procedures of publication and notices followed. Mr. Dwight L. Smith, applicant, explained that he had purchased this small lot to be used for business before it was annexed into the City and had paid more than he would have had it been zoned for residential use. He stated he feels this property is a logical place for small businesses such as the grocery stores, real estate and lawnmower business, already located in the area. He pointed out that there is a trailer park across the street; there had been no opposi- tion from area residents; that there would be adequate parking, and he would be willing to deed restrict against sale and consumption of liquor. He explained that he has not definitely decided on the type of business but would be one that would not damage the area. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Tom Gonzales, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Lozano, seconded by Tom Gonzales and passed, that the recommendation of the Planning Commission be concurred in and Application #973-3, Dwight L. Smith, Jr., for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 21, Block 1, Mesa Addition, be approved, and an ordinance be brought forward effectuating the change. • Minutes Regular Council Meeting November 7, 1973 Page 11 FIRST READING OF AN ORDINANCE ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE IN ACCORDANCE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c) OF ORDINANCE NO. 10853 TO CONFORM TO SAID TEXAS RAILROAD COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. FIRST READING OF AN ORDINANCE MAKING A FINDINGS OF FACT WITH RESPECT TO THE APPLICATION OF SOUTHWESTERN BELL TELEPHONE COMPANY FOR AN INCREASE IN ITS RATES FOR EXCHANGE SERVICE IN THE CITY OF CORPUS CHRISTI, TEXAS; AUTHORIZING A SCHEDULE OF RATES APPLICABLE WITHIN THE CITY OF CORPUS CHRISTI FOR EXCHANGE SERVICES; FIXING A DATE FOR APPLICATION OF SUCH RATES; REQUIRING FILING OF ANNUAL FINANCIAL STATEMENT BY SAID TELEPHONE COMPANY; ESTABLISHING A SCHEDULE OF MISCELLANEOUS RATES AND CHARGES FOR THE SOUTHWESTERN BELL TELE- PHONE COMPANY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 10162, GRANTING A FIVE-YEAR FRANCHISE FOR LIMOUSINE SERVICE TO AND FROM THE CORPUS CHRISTI INTER- NATIONAL AIRPORT, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10883, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 31, 1972, BY AMENDING THE FAREIN ZONE 1 FROM $2.00 TO $2.50, AND THE FARE IN ZONE 5 FROM $5.00 TO $6.00 WITH A MAXIMUM OF $15.00 PER TRIP TO OR FROM THE NAVAL AIR STATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH GUY LILE COVERING LOTS 9 AND 10, SECTION 21, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, FOR A TERM OF THREE (3) YEARS, SAID LAND TO BE USED FOR GRAZING AND PASTURE LANDS ONLY, WITH THE EXCEPTION OF ONE ACRE WHICH WILL BE USED TO STORE TRUCKS, TRAILERS AND FARM EQUIPMENT; A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. Minutes Regular Council Meeting November 7, 1973 Page 12 ORDINANCE NO. 11765 • APPROPRIATING OUT OF 251 SANITARY SEWER BOND FUND $2,000, OF WHICH $1,000 IS APPLICABLE TO PROJECT NO. 251-70-79.4, FLOUR BLUFF SANITARY SEWER IMPROVE- MENTS H.U.D. PROJECT NO. WS-TEX-327 AND $1,000 IS APPLICABLE TO PROJECT NO. 251-70-80, CLARKWOOD, SAN JUAN, AND MCNORTON SANITARY SEWER IMPROVEMENTS, H.U.D. PROJECT NO. WS -TX -06-59-1006, FOR AUDITING FEES REQUIRED IN CONNEC- TION WITH EACH PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11766 APPROPRIATING $4,250 OUT OF THE NO. 295 STORM SEWER BOND FUND FOR COST OF REMOVAL OF ALL BUILDINGS OR STRUCTURES LOCATED WITHIN THE STORM SEWER EASE- MENT ON PARCEL NO. 12, WOOLDRIDGE-STAPLES OUTFALL PROJECT, No. 295-70-66 SAID PARCEL BEING OWNED BY CHARLTON F. FAIRLESS AND WIFE, ESTHER C. FAIRLESS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11767 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL 7-B OF THE WOOLDRIDGE - STAPLES OUTFALL PROJECT FROM THE OWNERS, BYRON N. COWARD AND WIFE, EMMA J. COWARD; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $4,200, OF WHICH $4,000 IS FOR LAND ACQUISITION AND $200 IS FOR INCIDENTAL COSTS RELATED TO CLOSING IN CONNEC- TION WITH THE SAID ACQUISITION, APPLICABLE TO PROJECT NO. 295-70-66; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11768 EXPRESSING THE CONCERN OF THE CITY COUNCIL OF CORPUS CHRISTI TO IMPROVE AND MAINTAIN THE ATTRACTIVENESS AND AESTHETICS OF THE VARIOUS ENTRANCEWAYS TO THE CITY, SUCH AS HIGHWAYS 77, 181, I.H. 37, S.H. 44, CHAPMAN RANCH ROAD, WEBER ROAD AND OLD BROWNSVILLE ROAD; AND FURTHER EXPRESSING THAT THIS CON- CERN BE TAKEN AS A STATEMENT OF GENERAL POLICY TO GIVE GUIDANCE AND DIREC- TION TO THE PLANNING COMMISSION AND OTHER ADVISORY BOARDS IN THEIR DELIBERA- TIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; • 1 Minutes Regular Council Meeting November 7, 1973 Page 13 Branch and Stark absent. ORDINANCE NO. 11769 AUTHORIZING THE CITY MANAGER TO EXECUTE A PARKING AGREEMENT WITH RANDY JONES FOR THE RENTAL OF A PORTION OF LOTS 18 AND 19, A. BAGNALL TRACT, FOR THE PURPOSE OF PROVIDING A PARKING FACILITY FOR EMPLOYEES OF THE CORPUS- NUECES COUNTY DEPARTMENT OF HEALTH AND WELFARE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO, 11770 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH IBM CORPORATION FOR THE LEASE PURCHASE OF THE 370/135 COMPUTER SYSTEM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH I5 ATTACHED HERETO 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, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11771 CHANGING THE DESIGNATION OF THAT PORTION OF COUNTY ROAD EXTENDING NORTH FROM #624 ALONG CALALLEN HIGH SCHOOL FROM COUNTY ROAD 67A TO WILDCAT DRIVE, AND CHANGING THE DESIGNATION OF THAT PORTION OF COUNTY ROAD EXTENDING WEST FROM CALALLEN DRIVE ALONG CALALLEN ELEMENTARY SCHOOL FROM COUNTY ROAD 54A TO TEAGUE LANE; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11772 AMENDING THE CORPUS CHRISTI BEACH MASTER PLAN TO DESIGNATE THE BOUNDARIES OF THE PARK AT THE NORTH END OF THE BEACH AS THAT AREA NORTH OF GULDEN STREET FROM THE BAY TO TIMON BOULEVARD AND NORTH OF SANDBAR STREET FROM TIMON BOULEVARD TO HIGHWAY 181, AS MORE FULLY ILLUSTRATED ON THE PLAT ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch and Stark absent. • • Minutes Regular, Council Meeting November 7, 1973 Page 14 ORDINANCE N0. 11773 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 REYES CASTILLO AND JOSE RODRIGUEZ, JR., BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 3A, BLOCK 1, PATRICK GARDENS SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APARTMENT HOUSE DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE N0. 11774 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 N0, 6106, AS AMENDED, UPON APPLICATION OF RONALD B. HOWER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TEN ACRES OF LAND MORE OR LESS OUT OF SHARE 1, T. H. ISENSEE PARTITION, MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "I-2" LIGHT INDUSTRIAL 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, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE NO. 11775 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 N0, 6106, AS AMENDED, UPON APPLICATION OF NUECES COUNTY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 8 THRU 14, BLOCK 17; ALL OF BLOCKS 26 & 27; LOTS 1 THRU 7 AND 10 THRU 14, BLOCK 32, BLUFF PORTION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-2" APART- MENT HOUSE 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, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Branch and Stark absent. ORDINANCE N0. 11776 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 N0. 6106, AS AMENDED, UPON APPLICATION OF DWIGHT L. SMITH, JR., BY AMENDING THE ZONING, MAP BY CHANGING THE ZONING ON LOT 21, BLOCK 1, MESA ADDITION, 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 CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. • • MINUTES Regular Council Meeting November 7, 1973 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Branch and Stark absent. Motion by Lozano, seconded by Acuff and passed, that the ordinance pertaining to the application of Texas Methodist Foundation for change of zoning on Lot 6, Section 7, Bohemian Colony Lands, be tabled pending a full Council in view of the 20 percent rule which is in effect. Mayor Luby called for petitions from the audience on matters, not scheduled on the agenda. Mr. Nat Seago, 1609 Sandlewood, spoke on behalf of the Parent Teachers' Association of Smith Elementary School, restated his request of October 24, 1973, for sidewalks for school children and bicycles along Williams Drive, and inquired as to the status of this request. Mr. Seago's appeal was supported by a group of parents living in the school area. He stated immediate action is necessary because of the dangerous situation; that in bad weather the school children are forced to walk in the street; that some 100 children with bicycles must ride on the narrow street and subjected to danger of being killed or disabled permanently before a concrete sidewalk could be built. He requested a temporary asphalt path six feet wide until the permanent sidewalk is constructed. The Council and City Manager Townsend discussed what type of walkway could be constructed for temporary relief, and it was pointed out that without the usual base and adequate thickness, the asphalt would quickly deteriorate and these people would be extremely unhappy and dissatisfied with the results. It was also pointed out that to install the asphalt properly would be expensive and require considerable work. Mayor Pro Tem Acuff recommended, and the Council generally concurred, that the City Manager be authorized to take City crews off other jobs if necessary and begin work on an asphalt walkway with an adequate base and thickness to last for a long period. City Manager Townsend advised Mr. Seaga that this would be in lieu of the proposed permanent concrete sidewalks for which specifications are being prepared and included in the overall sidewalk program around schools. He also pointed out that there would be some right of way problems. Mr. Seago stated the group would accept the temporary asphalt sidewalk in lieu of the permanent concrete sidewalk. • • Minutes Regular Council Meeting November 7, 1973 Page 16 On recommendation of Commissioner Ricardo Gonzalez, the Council requested that the City Manager arrange a joint meeting with the Board of Education in an attempt to coordinate the placing of schools with City improvement plans for sidewalks and streets. 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 4:45 p.m., November 7, 1973.