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HomeMy WebLinkAboutMinutes City Council - 11/21/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 21, 1973 2:00 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 Reverend John Killeen of St. Peter The Apostle Catholic Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the Minutes of the Regular Meeting of November 7, 19739 and the Minutes of the Special Meeting of November 2, 1973, be approved as submitted to the Council. Mayor Luby recognized and welcomed eighteen students of the Government Class of Incarnate Word Academy who were present as observers of government in action. Commissioner Lozano presented the class with a Certificate of Attendance. Included in the group was Commissioner Lozano's grandaughter, Cynthia. Mayor Luby called for the opening of bids. Director of Engineering & Physical Development James K. Lontos opened and read bids for construction of Matlock Street and Country Club Drive Storm Sewer projects from the following firms: Slovack Brothers; T. H. Lee Contractor; Maverick Construction Company; and Heldenfels Brothers. The foregoing bids were tabled for 48 hours and referred to the City Manager for tabulation and recommendation. City Manager Townsend presented the proposal that a lot along State Highway 77 be contractually annexed to the City. He explained that the tract is owned by the Catholic Church on which a new Pax Christi Girl's Home will be constructed adjacent to the existing City limits, and that the owners desire to annex so the property can be served with utilities. He explained the three Charter provisions for annexation of properties being by election, ordinance and by contract, and that this request falls into the category of the contract provision. He stated the request had been duly advertised, and the recommendation of the staff is that the tract be • Minutes Regular Council Meeting November 21, 1973 Page 2 contractually annexed as proposed. Mr. Jack Kelso, attorney representing the applicant, explained that Mother Teresa had recently purchased this tract of land for the construction of several family -type residences which will be the new Pax Christi residence for girls. He explained that it is presently being operated from Catholic charities and private donations, but that they expect to receive United Way funds by 1974. He stated a plat had been filed with the City, and a zoning application filed for apartment district zoning. Mother Teresa, Administrator of Pax, explained that the home serves 43 homeless delinquent children; that their present facilities are temporary and crowded, and is the only children's home of this type in Corpus Christi. She explained that they plan to start with construction of an administration building and two cottages, and that the buildings will house twelve children each, that they are planning no educational facilities on campus because they are served by good school facilities adjacent to the property. Mr. Jim Mechlin, architect, presented an architect's sketch of the plot plan and explained that the buildings will be of residential character. No one appeared in opposition to the foregoing proposal for contractual annexation. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Branch, seconded by Acuff and passed, that the lot along State Highway 77 in Calallen owned by the Catholic Church, be contractually annexed to the City, and an ordinance be brought forward effectuating this action. 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 on December 12, 1973 on the following zoning application: (1) Mr. A. M. Salvo, Trustee - "AB" to "B-4", located on the north side of Ayers Street between Sixth and Seventh Streets. b. Recommendation that bids be received at 11:00 a.m., Tuesday December 11, 1973 on the following radio equipment: •Utes Regular Council Meeting November 21, 1973 Page 3 b. Coned: (1) 29 - 80 watt four channel mobile radio units (2) 2 - 80 watt four channel mobile radio units with audio amplifier and siren (3) 8 - 70 watt four channel mobile radio units (4) 4 - 70 watt one channel mobile radio units (5) 4 remote control units • c. That bids be received at 11:00 A.M., Tuesday, December 11, 1973 for a mini computer system for the Accounting Division. d. That a contract be awarded to Goldthwaites of Texas, Inc., San Antonio, Texas, for the purchase of a riding greens mower for the Oso Golf Course on the basis of low bid of $2,586.75 including trade-in. Bids were received from three firms and the above price reflects an increase of 3.5% (not including trade-in) over the cost of a like purchase last year. e. That the City Manager be authorized to execute a contract with Maverick Construction Company for construction of Six Points Area Drainage Improvements and that $159,000 be appropriated out of the No. 295 Storm Sewer Bond Fund of which $152,343.90 is for the construction contract and $6,656.10 is for contingencies and incidental expenses. The contract is substantially above the staff's original estimate of $113,000.00 because of continually rising material costs, increased workmens' com- pensation rates (which recently rose 19%) and uncertainty about the cost and/or availability of fuel. It is not felt that the cost of this project could be substan- tially reduced through redesign and to delay the project would result in a higher cost at a later date. f. That a contract be awarded to the second low bidder I.C. Salazar Construc- tion Company for La Retama and Parkdale Library Improvements and that $17,500 be appropriated from Third Entitlement Period General Revenue Sharing Fund including $16,514.00 for the construction contract and recommended that the bid Security of $500,00 struction Company, be returned to the bidder g. That the definition of "Holiday" be amended to include Washington's Birthday, change will provide free parking at parking for nine holidays instead of the present six. $1,600. h. That the Building Code be amended elevations required for residential buildings $986.00 for contingencies. It is further submitted by the low bidder, L & L Con - because of an obvious bidding error. as applied to parking meter enforcement Columbus Day, and Veteran's Day. This meters on all Federal holidays and provide Revenue loss will be approximately to increase the minimum first floor and mobile homes in certain areas 111/1 Minutes • Regular Council Meeting November 21, 1973 Page 4 adjacent to Cayo Del Oso and the Nueces River to conform to the Corps of Engineers Base Elevation Maps for flood insurance. The minimum first floor elevation will vary from 12 to 17 feet. i. That the contract with the Lower Nueces River Water Supply District authorizing a different water purchase payment schedule for 1973-74, authorized by Ordinance No.11704 on September 19, 1973, be amended by adding a section assuring the District that the City will either make advance payments or increase the total payment should the District's reserves drop below $1,225,000 as of January 1, or July 1, 1974 or else the District's obligation not to levy a tax will be terminated. j. That the City Manager be authorized to execute a contract with the Corpus Christi Chamber of Commerce which will continue to fund the Convention Bureau of the Chamber of Commerce from the Hotel -Motel Tax fund. The City entered into a contract with the Chamber of Commerce for these services on October 24, 1968. Funds in the amount of $27,500 are provided in the 1973-74 Tourist and Convention Budget to cover the services rendered by the Chamber of Commerce in securing con- ventions for the City of Corpus Christi. k. That a contract be authorized with Fox Photo Company for deferred construction of a standard screening fence at Country Club Plaza Shopping Center. A letter of credit has been filed with the City Attorney. Installation of a kiosk in the shopping center parking lot is proposed. The fence to be deferred would have been located adjacent to the City water storage tanks. An application to rezone a portion of the City's property has been submitted. If the rezoning is approved, the fence will not be required and the letter of credit will be returned. 1. That the Plumbing Code be amended to delete the Plumbing Advisory Board. The Board consists of seven members appointed by the City Council for two year terms. The two basic functions of the Board are to advise the City Council on matters relating to plumbing and the Plumbing Code and to hear appeals from the decisions of the Building Official in interpreting and enforcing the Plumbing Code. The Board has not met since February 17, 1972. If in the future there is a need for the City Council to be advised on matters relating to plumbing or the Plumbing Code, it is recommended that an ad hoc committee be established for the specific matter at hand. As for appeals, the Plumbing Code provides that a person aggrieved by a decision of the Building Official in interpretation or enforcement of the Plumbing Code may appeal that decision not only to the Board but also to the City 111, Minutes Regular Council Meeting November 21, 1973 Page 5 Council.. If an appeal is made in the future (and there has not been an appeal either to the Board or to the City Council in quite some time), it is recommended that the City Council handle the appeal. (See separate motion to table the foregoing,recommenda- tion) m. That a resolution be forwarded to other governmental units for comments regarding the City Council's desire that the lake to be created by the proposed Choke in Canyon Dam be named Friendship Lake/recognition of the unanimous support given the governmental entities and civic organizations of South Texas for the Choke Canyon Dam Project. The Dam will retain the name of Choke Canyon Dam and the project will continue to be known as the Nueces River Project. n. That Monday, December 24, 1973 (Christmas Eve), be proclaimed as a special holiday in accordance with Section 9(b) of Ordinance No. 8127 as amended. o. That the following streets be closed in the Nueces County Courthouse site: (1) Mestina Street from the east right-of-way line of Lipan to the south right-of-way line of Carrizo Street (2) Artesian Street from the north right-of-way line of Lipan to the south right-of-way line of Mestina Street (3) Carrizo Street from the north right-of-way line of Lipan to the south right-of-way line of Mestina Street, Subject to the following conditions: (1) Retention of a 20' utility easement in Carrizo Street from Lipan to Mestina (2) Dedication by the County of a 20' drainage and utility easement along Block 25, Bluff Portion (3) The Platting of all property owned by the County contiguous to said street closures. A public hearing was held on September 19, 1973 on the street closures. Relative to Item "1" regarding the recommendation for deletion of the Plumbing Advisory Board, City Manager Townsend explained that this had been discussed with Director of Inspections and Operations, L. W. Hennings, and he sees no problems in combining the Plumbing Board and Building Code of Appeals. He stated the basic concern is that the Plumbing Board has been inactive for several years, and the City has too many boards and commissions. Mr. Tommy McDonald, 1910 Paul Jones, spoke representing himself and the Master Plumbers' Association, stating a survey had been made of the Association's more than thirty active members, and general concensus was that the board should not be abolished. He pointed out that this board provides technical knowledge, and in view of the current critical shortages of materials, •• Minutes Regular Council Meeting November 21, 1973 Page 6 these things should be worked out among the plumbers and should not consume the Council's time. He stated the plumbers need someone to appeal to before coming to the Council and feel it is necessary that the body continue as an official board. City Manager Townsend explained that members of the staff would be available to meet with the Plumbers' Association at any time. Commissioner Ricardo Gonzalez suggested that some members of the Council and staff meet with the Plumbers' Association before the board is abolished to find out why they have not been meeting, whether lack of subject matter or for other reasons. City Manager Townsend advised there would be no reason not to table the matter for further study. Motion by Acuff, seconded by Lozano and passed, that Item "m" of the City Manager's Reports, relative to proposed abolishment of the Plumbers' Advisory Board, be tabled for further study. Motion by Acuff, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "o" (Item "I" excepted), be accepted, and the requests and recommendations be granted and approved as presented by the City Manager. For the Council's information City Manager Townsend presented the pending matter of Application 01073-2, John T. Tucker, for change of zoning from "F -R" Farm Rural District to "A-2" Apartment House District on Tract B (8.918 acres) and "B-4" on Tract A (9.822 acres), both tracts out of Lots 9 and 10, Section 19, Flour Bluff & Encino' Farm and Garden Tracts, located on the northwest corner of Rodd Field Road and Wooldridge Road, on which a public hearing was held on October 31, 1973 and approved as follows: "A-1" Apartment House District approved on Tract B in lieu of the "A-2" and the "B-4" request on Tract A approved but reduced in size to include "A-1" zoning along the north portion line for a depth of 150' parallel to Wooldridge Road to serve as a buffer between the business and church -owned property. Mr. Townsend explained that the necessary ordinance was not passed at the October 31st meeting because the necessary legal descriptions had not been prepared, but the legal descriptions have now been prepared and the ordinance is ready for passage. City Manager Townsend presented and reviewed the ordinances appearing on the agenda. He read and presented proposed amendments to the ordinance concerning increase in rates requested by Southwestern Bell Telephone Company prior to its third reading as follows: (1) Deleting the following footnote on Sheet 1 of the Schedule of miscellaneous Rates • Minutes Regular Council Meeting November 21, 1973 Page 7 and Charges attached to said ordinance: "Except that the charge for basic service in the Calallen, Clarkwood and Flour Bluff exchanges or prefixes shall be reduced $.15 per month until such time as they have available the same calling scope as other customers in the Corpus Christi Metropolitan Exchange." (2) By substituting the Sheet 1 the attached sheet which includes a separate rate list for the first tier zones and adds footnote (f) as follows: "(f) Includes Calallen (241), Clarkwood (265) and Flour Bluff (93X)." (3) By adding to Section 3 thereof the words, "or as soon thereafter as is practical." Motion by Lozano, seconded by Ricardo Gonzalez, Luby voting "Nay", that the foregoing amendment be adopted and the ordinance concerning increase in rates requested by Southwestern Bell Telephone Company, read on the first of three readings November 7, 1973, and its second reading on November 14, 1973, be amended prior to its third reading accordingly. Mr. Ira Hayley, 10730 Timbergrove Lane, opposed the rate increase in general stating the 15 cent reduction in the Clarkwood, Calallen and Flour Bluff areas were nominal to the Company and did not compensate the consumers for their disadvantages. He alleged that the Company had always been able to obtain whatever they asked for, and in this case had asked for more knowing they would settle for less. He stated he had failed to get the cooperation from the Telephone Company that he had from Central Power & Light. Mrs. Neal E. Sullivan, 3714 Liberty, stated she felt the increase was not justified, that statistics show the Company is making a tremendous profit, that a more intensive study should be made, and facts and figures made public. Mrs. C. L. Munsford, Portland, Texas, spoke in opposition to the request for a rate increase, stating that area towns are directly affected by what takes place in Corpus Christi which these smaller towns tend to follow. She stated these small towns have no funds with which to employ expensive legal assistance, and since there is no state utility regulatory agency, they are dependent on the City Councils to intercede for the people. She pointed out that it is impossible for the average person to decipher the figures furnished by the utility companies but are entitled to have the information. She stated she feels the public is being robbed by these big • Minutes Regular Council Meeting November 21, 1973 Page 8 conglomerates and corporations with monopolies, pointing out that they are profit making operations owned by stockholders. She complained of lack of communications with City officials stating that when she had tried to call the Mayor she had gotten a recording. Mayor Luby explained that the recording Mrs. Munsford referred to was at his residence; that it was impossible to answer the large volume of calls, and the recording had been installed on his telephone so he could return the calls at a later time. He explained that he is available at his office in City Hall most every day and would accept calls. City Manager Townsend explained the staff's role in the telephone rate matter, pointing out that the request had been very carefully studied over many months; had been the subject of a public hearing which had been duly advertised; the ordinance had been presented to the Council at regular Council meetings on two separate dates, each of which constituted a public hearing, and he finds it difficult to see where the staff has a responsibility beyond that. He stated the Assistant Finance Director Charles Daley has been available for questioning on any request at any time; that the law only requires the Council to sit as a regulatory body and does not provide that that respon- sibility can be passed on to a popularity poll; and that copies of the staff study had been distributed at last week's Council meeting and copies are still available. Commissioner Branch questioned the fact that Southwestern Bell claimed it only made a 1.35 percent profit return and the City Staff's figure was 6.23 percent. He pointed out that he had asked for more information last week, and was still not satisfied that the almost 16 percent increase is justified. He stated the City had received valuable information in the Central Power & Light case from outside sources such as the hired rate consultant and the Consumers Association. Mr. Townsend explained that the difference between the City's figure of 6.23 precent and the Company's figure of 1 .35 percent profit return was the result of disagreement in accounting methods. Mr. Wm. H. Darby, Jr., 1117 Zarsky, pointed out that even though the Council is getting a lot of experience on utility rates, the experience is at the expense of the taxpayers, and he strongly recommended that the Council employ a rate expert to assist the Staff and Council in making its decision. Mrs. Virginia Hartsell, 1002 Peerman, stated the Council should not be derelict in their duty to serve those for whom they took an oath to represent, pointing out that the Council stands Minutes Regular Council Meeting November 21, 1973 Page 9 between the monopolies and the "poor, hapless, hopeless and helpless" citizens. She urged the Council to reopen the public hearing for the purpose of receiving new information on the financial condition of the company. Mr. Paul Vogler defended the Mayor against accusations made by Mrs. Munsford regarding telephone recordings, stating the device is an advantage to persons wishing to contact the mayor in that it enables him to return their calls at an appropriate time, and at the same time protect his family. Mrs. Munsford apologized to the Mayor, stating they were unduly disturbed because of the telephone rate hearings. Mr. Ron Maples, District Manager of Southwestern Bell, pointed out that his Company has $50 million invested in this City and is to their interest to be good citizens and see the City grow. He stated his company plans to spend some $37 million in. Corpus Christi the next few years to insure consumers of the service they desire. He explained how the Company's earnings have to show a certain gain in order to attract capital; their accounting procedures are standard and approved by all regulatory bodies that regulate telephone companies; that they have nothing to hide and the Company's books are open. He stated the Company's earnings, in relationship to their investment, is very low. Mr. Maples stated they are not trying to rush the City into a decision but stressed the importance of a conclusion to the issue at the earliest possible date. He stated the Company is willing to accept the staff's proposal for a compromise, and he would be glad to answer any questions from either the Council or the public. Commissioner Stark stated he shared the concern of some members of the Council with regard to the settling of the Central Power & Light Company, but finds it hard to relate the two cases together because they are bound by the Charter to hear and act on the two independently. Commissioner Gonzalez stated it was his understanding that the City is offering South- western Bell the same percentage as was offered Central Power & Light and CPL asked for more, and if CPL wins their case in court, it would compel the City to give Southwestern Bell more. Mayor Luby stated he did not feel it compelled the City to give anything, but the Council could gain some knowledge from the Central Power & Light case. Commissioner Lozano expressed the opinion that a hearing could be held every Wednesday indefinitely and there would still be people speaking in opposition. Minutes 111111 • Regular Council Meeting November 21, 1973 Page 10 Mr. Frank Hankins, 721 Crestview, stated he was a member of the Consumers Associa- Hon and they had not contested the Telephone Company's request because they lacked funds for legal representation. He stated since utility matters are so complex, it would probably be more economical in the long run if the City employed a rate expert; that the Council is not qualified as experts to sit in on hearings of this type as a regulatory body, and he intended to do everything possible to get a law passed for a state regulatory commission. Members of the Council questioned the City Manager as to whether or not he would recommend employment of a rate expert and Mr. Townsend stated, in his opinion, the City's Assistant Finance Director Charles Daley had made an excellent report, had gone into the matter in great depth, and used the same calculations and procedures employed by the rate expert in the CPL matter. He pointed out that the staff's recommendation regarding Southwestern Bell Telephone Company is comparable to the recommendation first made to Central Power & Light Company. Commissioner Stark expressed his confidence in the ability of the staff and the matter of employing a rate expert in the Telephone Company issue should be permanently laid to rest. Motion by Branch, seconded by Tom Gonzales and passed, Mayor Luby voting "Nay", that the third reading of the ordinance with respect to the application of Southwestern Bell Telephone Company for an increase in rates, be deferred until the Regular Meeting of December 12, 1973. City Manager Townsend presented for discussion the proposed ordinance granting Impact Advertising Company of Shreveport, Louisiana, a franchise to place trash cans on the sidewalks in the City with advertising thereon, read on the first of three readings November 14, 1973. Mr. Jack Solka, speaking as an individual and representing the Municipal Arts Commission and Sign Revision Committee of the Planning Commission, stated these are basically advertising structures that happen to contain small trash receptacles, that it is the opinion of both these groups which he represents that they would be aesthetically displeasing in the City, and contrary to the basic concept of the ordinance regulating advertising structures. He concurred that there is a need to collect garbage but the. City should provide its own service and provide its own containers with- out advertising. He also pointed out that the Impact Advertising will be placed on locations that will assure the advertisers maximum exposure and not necessarily to serve the public need, and the City will be committed to collect garbage from the receptacles. • Minutes Regular Council Meeting November 21, 1973 Page 11 Mayor Pro Tem Acuff commented that it is the City's responsibility to collect trash and garbage but the question is, should advertising be allowed and the City should set a definite policy one way or the other, and if not the policy, then it should be phased out completely. He further commented that he does not particularly like advertising, but problems of deficits must be coped with and advertising is one way. Attorney Toufic Nicolas, representing Impact Advertising Company, questioned the Sign Revision Committee's basis for opposing the recommendation of the Planning Commission, their parent committee. As to the attractiveness of the containers, he passed out pictures of the containers stating they are located in practically every city in the United States. He stated they are unaccept- able to only one committee, and will be placed as the City staff directs. FIRST READING OF AN ORDINANCE AMENDING ARTICLE XXIX OF THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AS AMENDED, AND PARTICULARLY AS. AMENDED BY ORDINANCE NO. 10636, BY REPEALING THE SAME AND IN LIEU THEREOF ADOPTING A NEW CHAPTER XXIX ESTABLISHING A SEVEN -FOOT MINIMUM ELEVATION ABOVE MEAN TIDE LEVEL FOR ALL BUILDINGS AND STRUCTURES WITHIN THE CORPORATE LIMITS AND PROVIDING EXCEPTIONS TO REQUIRE THAT RESIDENTIAL BUILDINGS, INCLUDING MOBILE HOMES, ERECTED AFTER EFFECTIVE DATE HEREOF HAVE A MINIMUM FIRST FLOOR ELEVATION OF 13 TO 17 FEET IN DEFINED AREAS ADJACENT TO CAYO DEL O5O AND THE NUECES RIVER; DESIGNATING MATERIAL AND DESIGN STANDARDS FOR WINDOW GLASS IN SAID AREAS; DECLARING EVERY VIOLATION HEREOF A MISDEMEANOR SUBJECT TO FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-129 "DEFINITIONS" SO AS TO ADD WASHINGTON'S BIRTHDAY, COLUMBUS DAY AND VETERANS DAY TO THE LIST OF HOLIDAYS ON WHICH PARKING METER REGULATIONS ARE NOT ENFORCED; PROVIDING FOR SEVERABILITY; 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, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON GREENWOOD DRIVE, BOTH SIDES, FROM A POINT 250 FEET NORTH OF THE CENTER LINE OF HORNE ROAD TO THE NORTH RIGHT-OF-WAY LINE OF PADRE ISLAND DRIVE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading • Minutes Regular Council Meeting November 21, 1973 Page 12 by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON GREENWOOD DRIVE, AS HEREINAFTER PROVIDED; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO AMEND CHAPTER 9 THEREOF TO ADD A NEW ARTICLE VIII, BOAT REPAIR - LAND AREAS; PROVIDING REGULATIONS FOR BOAT REPAIRS AND RELATED ACTIVITIES AND LIMITING BOAT REPAIRS AT THE CITY MARINA; PROHIBITING BOATS AND THEIR RELATED EQUIPMENT FROM BEING LEFT UPON THE LAND AREAS WITHOUT SPECIAL PERMIT; PROVIDING A FEE; PROVIDING FOR ISSUANCE AND REVOCATION OF A SPECIAL PERMIT; PROVIDING A PENALTY; RESTRICTING WELDING AND CUTTING BY ELECTRICAL OR ACETYLENE METHODS; PROHIBITING THE FUELING OF BOATS IN CERTAIN AREAS; AND PROVIDING PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE GRANTING IMPACT ADVERTISING COMPANY, SHREVEPORT, LOUISIANA, A FRANCHISE FOR A PERIOD OF TWO (2) YEARS, TO CONSTRUCT, ERECT, PLACE AND MAINTAIN TRASH CANS ON SIDEWALKS IN CITY RIGHT OF WAY AS APPROVED BY THE CITY MANAGER; AUTHORIZING ADVERTISING THEREON; REQUIRING SAFE CONSTRUCTION AND PLACEMENT THEREOF; RESTRICTING CERTAIN ADVERTISING; REQUIRING MAINTENANCE OF SAID RECEPTACLES; PROVIDING THE CITY WILL COLLECT TRASH THEREFROM; PROVIDING SAID RECEPTACLES BECOME CITY PROPERTY AT END OF FRANCHISE; PROVIDING FOR PUBLIC LIABILITY INSURANCE TO PROTECT THE CITY, GRANTEE AND THE PUBLIC; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay" and Acuff abstaining. ORDINANCE NO. 11794 THIRD 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 third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting November 21, 1973 Page 13 ORDINANCE NO, 11795 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUC- TION COMPANY FOR CONSTRUCTION OF SIX POINTS AREA DRAINAGE IMPROVEMENTS; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $159,000, OF WHICH $152,343.90 IS FOR THE CONTRACT AND $6,656,10 I5 FOR CONTINGENCIES AND INCI- DENTAL EXPENSES, APPLICABLE TO PROJECT NO. 295-72-3; 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, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11796 ' AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH I. C. SALAZAR CONSTRUCTION COMPANY FOR IMPROVEMENT TO LA RETAMA LIBRARY AND PARKDALE LIBRARY; APPROPRIATING AND REAPPROPRIATING $17,500 OUT OF NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 3912, CODE 502 OF WHICH $16,514 IS FOR THE CON- STRUCTION CONTRACT AND $986 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY, ORDINANCE NO, 11797 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH THE LOWER NECES RIVER WATER SUPPLY DISTRICT, AMENDING THAT AGREEMENT AUTHORIZED BY ORDINANCE NO. 11704, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 19TH DAY OF SEPTEMBER, 1973, SO AS TO PROVIDE FOR A SUPPLEMENTAL OR EARLY PAYMENT BY THE CITY TO THE DISTRICT UNDER CERTAIN CONDITIONS; 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, Branch, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11798 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN EXTENSION AND AMENDMENT AGREEMENT OF THE CONTRACT HERETOFORE ENTERED INTO BETWEEN THE CITY AND THE CORPUS CHRISTI CHAMBER OF COMMERCE FOR THE YEAR ENDING SEPTEMBER 30, 1973, FOR THE PURPOSE OF PROMOTING ADDITIONAL CONVENTIONS AND TO BETTER SERVE THE CONVENTIONS WHICH ARE AND WILL BE SCHEDULED FOR CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE EXTENSION AND AMENDMENT AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11799 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COUNTRY CLUB PLAZA, LTD. , CONCERNING SCREENING FENCE REGULATIONS, ALL AS IS MORE FULLY • • Minutes Regular Council Meeting November 21, 1973 Page 14 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, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11800 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 JOHN T. TUCKER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TWO TRACTS OF LAND OUT OF LOTS 9 & 10, SECTION 19, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACT, HEREINAFTER MORE FULLY DESCRIBED, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" TO "B-4" ON TRACT A, AND FROM "R -R" TO "A-1" ON TRACT B; 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, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11801 AMENDING SECTION 9 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI, TEXAS, SO AS TO ADD TO THE SCHEDULE OF HOLIDAYS, DECEMBER 24 FOR THE YEAR 1973 ONLY; 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, Branch, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11802 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH NUECES COUNTY IN CONNECTION WITH CLOSING OF STREETS AROUND THE NEW NUECES COUNTY COURT- HOUSE SITE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, 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, Tom Gonzales, Ricardo Gonzalez, Branch, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting November 21, 1973 Page 15 ORDINANCE NO. 11803 CLOSING A PORTION OF THE FOLLOWING STREETS: 1. MESTINA STREET FROM THE EAST RIGHT OF WAY LINE OF ARTESIAN STREET TO THE WEST RIGHT OF WAY LINE OF CARRIZO STREET; 2. ARTESIAN STREET FROM THE NORTH RIGHT OF WAY LINE OF LIPAN STREET TO THE SOUTH RIGHT OF WAY LINE OF MESTINA STREET; AND 3. CARRIZO STREET FROM THE NORTH RIGHT OF WAY LINE OF LIPAN STREET TO THE SOUTH RIGHT OF WAY LINE OF MESTINA STREET, CONDITIONED UPON THE EXECUTION OF A CONTRACT BY NUECES COUNTY THIS DATE AUTHORIZED BY THE CITY COUNCIL TO BE ENTERED INTO BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY; 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, Branch, Lozano and Stark, present and voting "Aye". Following a brief recess, Mayor Luby announced the scheduled public hearings on four zoning applications. City Manager Townsend presented Application #1073-9, Corpus Christi Teachers Credit Union, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approximately 20.942 acres out of Lots 1 and 8, Section 4, Bohemian Colony Lands, located on the north side of the Crosstown Expressway and South Padre Island Drive Inter- change, southwest of Trojan Drive. The request was heard by the Planning Commission October 16, 1973, and forwarded to the Council with the recommendation that it be approved as submitted. The staff did not concur in this recommendation but was of the opinion that it would not be in keeping with the neighborhood and recommended "AB" which would be a logical extension of the present "AB" to the west which would be compatible with the neighborhood. Mr. Townsend pointed out that this entire tract had been formerly owned by the Corpus Christi Independent School District. He stated there was some staff concern relative to access to the tract and he had instructed the Planning Staff and Traffic Engineering to investigate and address themselves to these access problems. Senior Planner Larry Wenger explained that the applicant had requested "B-1" because they wnated to construct drive-in windows and related uses and it was felt it was needed for future operations. He explained that this operation falls more in the classification of neighborhood banking facilities. Mr. Townsend pointed out the access problems on the map and stated a Special Permit could be granted. He stated the City cannot impose on the State or the County the 1111 • Minutes Regular Council Meeting November 21, 1973 Page 16 obligation to build streets. Mr. A. C. Doughty, Manager of the Corpus Christi Area Teachers Credit Union, spoke on behalf of the request, and stated he had seen plans of Nueces County which provided for construction of a street from the Access Road to Trojan Drive and it was his understanding it would be a private road. City Manager Townsend stated recent discussions with County officials did not coincide with this plan. Mr. Doughty described the uses of the property stating a well constructed office building is proposed to house their operation which will include a drive-in window similar to banks and that they propose to erect a free standing sign to the effect that this will be the future home of this organization, and that both the free standing sign and the bank structure would require "B-1" zoning. He pointed out that the tract contains 20.942 acres and some of it would be subdivided for resale; that they purchased the full 20 acres so they could control the sale and use of the other property, and this would be sold to persons desiring to put in similar type business uses. He stated they were desirous of the requested "B-1" zoning but "AB" as recommended by the staff, would be acceptable. No one appeared in opposition to the foregoing request or the recommendation of the Planning Commission. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the recommendation of the Planning Commission to approve the request, not be concurred in, but that Application 01073-9, Corpus Christi Teachers Credit Union, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on approximately 20.942 acres out of Lots 1 and 8, Section 4, Bohemian Colony Lands, be denied, but in lieu thereof a Special Permit be granted according to an approved site plan showing dedication of a street from Trojan Drive to the South Padre Island Drive Expressway; that "AB" Professional Office District be approved for a depth of 300 feet south from Trojan Drive and the balance of the tract be zoned "B-1", and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application 01073-10, Mr. Diomede Grissino, for change of zoning from "R-2" Two-family Dwelling District to "A-1" Apartment House District on 3.47 acres of land out of Lot 14, Section H and Lot 3, Section C, Paisley Subdivision of the • • Minutes Regular Council Meeting November 21, 1973 Page 17 Hoffman Tract, located on the northeast corner of Horne Road and Ramsey Street. The request was heard by the Planning Commission October 16, 1973, and forwarded to the Council with the recom- mendation that it be approved. It was the staff's opinion that approval of "A-1" would be placing a very high density use in the center of an area of low density with single-family homes adjacent on three sides and recommended denial. Mr. Townsend reported that seventeen responses to notices of the Council hearing had been received in opposition generally because of increased density, lowered property values, congestion of streets and schools, and opposition to apartments generally. Mr. Martin Garza, 3986 Naples, spoke in opposition stating that most of the residents in this area are retired, own their own homes, and do not want apartments and related nuisances in the neighborhood. However, he stated the residents did not oppose a development such as the Housing Authority's elderly housing project located adjacent to this tract. Mr. Diomede Grissino, applicant, stated the requested "A-1" would permit what they felt to be a very compatible use of this land. He described the proposed project as being 66 units, mostly one bedroom units, and they were appealing to the market of the elderly and young married couples who do not want the responsibility of maintenance or who cannot afford larger homes. He stated the tract has good access and adequate utilities, that he will construct and maintain the streets within the development, and will work with the City staff with regard to access. He presented a site plan stating it was the plan presented to the Planning Commission. Mr. Martin Garza stated he had not seen this plan; that he had originally opposed the proposal because his information was that it would be a low income apartment house development. He asked that it be noted that fifteen persons had been in the audience for the purpose of opposing the request but had been compelled to leave because of the lateness of the day. He stated he felt sure if they had seen these plans they would no longer be opposed to higher income partment house development of one and two bedrooms. Motion by Ricardo Gonzalez, seconded by Branch and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, that the recom- mendation of the Planning Commission to approve the request not be concurred in and Application #1073-10, Mr. Diomede Grissino, for change of zoning from "R-2" Two-family Dwelling District to "A-1" Apartment House District on 3.47 acres of land out of Lot 14, Section H and Lot 3, Section C, Paisley Subdivision of the Hoffman Tract, be denied, but in lieu thereof a Special 4111 • Minutes Regular Council Meeting November 21, 1973 Page 18 Permit be approved according to and meeting the requirements of the site plan presented, limiting the development to 66 units, and meeting access requirements, and that an okdinance be brought forward effectuating the special permit. City Manager Townsend presented Application #1073-(2)PUD, Baker -Crow Company, for change of zoning from "R-2" Two-family Dwelling District to a Planned Unit Development (PUD -2) on Block 16, Country Club Estates Unit 19, located south of Saratoga Boulevard between Sanders and Acushnet Drives. The request was heard by the Planning Commission October 16, 1973, and forwarded to the Council with the recommendation that it be approved with variances as requested and, further, that the applicants be commended for the fine planning that has taken place on this project, and the planning staff concurred in this recommendation. Mr. Johnny Cotten, architect, spoke on behalf of the applicant and Project Manager John Freeman, and Murray Bass of the Engineering firm of Munroe and Bass. He explained the proposed PUD development as being of low density single-family dwellings individually owned with swimming pool and recreational areas. He stated it will be an outstanding project and the units will be comparable to any residential structure in the vicinity. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Stark, seconded by Branch and passed, that the hearing be closed. Motion by Stark, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and Application #1073-(2)PUD, Baker -Crow Company, for change of zoning from "R-2" Two-family Dwelling District to a Planned Unit Development (PUD -2) on Block 16, Country Club Estates Unit 19, located south of Saratoga Boulevard between Sanders and Acushnet Drives, be approved with variances as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #1073-7, Howard G. Tirschwell, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on approximately 14.91 acres out of Survey 419, Abstract 570, Nueces County, Texas, located on the south side of Up River Road between McKinzie and Violet Roads. The request was heard by the Planning Commission October 16, 1973, and forwarded to the Council with the recommendation that it be approved, and the Planning staff concurred in this recommendation providing the applicant builds the single-family homes between the existing dwellings and proposed apartment complex to • • Minutes Regular Council Meeting November 21, 1973 Page 19 provide a transitional type zone and use. Mr. Doyle Little, 10605 Shiloh Lane, appeared as spokesman for a group of residents of the Jackson Woods, Jackson Place and Jackson Terrace, and presented a petition containing signa- tures of 207 residents requesting that the Council reject the subject request. Mr. Little stated the opposition was generally on the bask that the area is most suitable for single-family uses, the proposed apartment development would congest the area relative to streets and schools; property values would be decreased; the character of the entire neighborhood would be changed, would not be in accordance with the concept of the zoning ordinance, existing homeowners were told the area would remain "R -1B" Single-family District; and would create a trend for further similar applications. He stated courthouse records were not checked regarding the plat which was shown the owners before they purchased their property. Mr. Little stated there were discrepancies in the notifications before the Planning Commission; that the procedural processes appeared to have favored the applicant; the plat which was submitted to the Planning staff was different from the one presented to the Commis- sion; and the property was purchased in June of this year with full knowledge that it was zoned "R -1B". Eight persons in the audience stood indicating their opposition to the request. Mr. Little stated the position of the opposition was not less adamant because of lack of persons appearing at the hearing. Dr. Cecil Hilton, 3153 McKenzie Road, spoke in opposition painting out that the opposi- tion had presented the petition rather than subject the Council to a large number of people attend- ing the Council Meeting, and trusted the Council, being experts in this field, to deny the request. Mr. Ira Hayley spoke in opposition, complained of the inadequate notifications of the hearings which accounted for there being no opposition at the Planning Commission hearing, and stated the proposed development would profit at the area residents' expense. Mr. Howard Tirschwell, applicant, explained how the tract is proposed to be developed; stated the irregular shape had resulted from an attempt to resolve traffic problems; stated this is the first phase of the project which plan was presented to the Planning Commission, and future plans are to build single-family homes adjacent to the present subdivisions to buffer existing residences from the noise of the apartments and freeway. He described the open space areas, stating this would be for use of area residents. He presented photographs of existing structures, in the area and Freeway access. He pointed out that the Traffic Engineer had studied the plan and had found 111 • Minutes Regular Council Meeting November 21, 1973 Page 20 no traffic problems, and the applicants feel the proposed use is the best use of this land. Mr. Tim Clower, realtor, made a slide presentation of apartment complexes in the City pointing out that apartments are not incompatible with single-family residences. Motion by Acuff, seconded by Tom Gonzales and passed, that the hearing be closed. Motion by Stark, seconded by Acuff and passed, with Tom Gonzales, Ricardo Gonzalez, voting "Nay" and Lozano abstaining, that Application 01073-7, Howard G. Tirschwell, Trustee, for change of zoning from "R -1B" to "A-1" on approximately 14.91 acres out of Survey 419, Abstract 570, Nueces County, located on the south side of Up River Road between McKinzie and Violet Roads, be denied. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Calvin Clark, Division Manager for Otis Engineering Company, 4429 Coventry Lane, appeared and complained of inconsistent charges and rates for two boats at the Corpus Christi Marina. He stated he was advised by the Marina Superintendent that this type of craft was being discouraged. City Manager Townsend stated that apparently Mr. Clark was being charged on a daily basis and probably should be so much a month. He stated he would check into the situation and report to the Council. Mr. Wayland D. Pilcher, former Public Safety Director of the City, appeared represent- ing Comdr. C. W. Tackett, former police officer, and alleged that the City, on orders of City Manager Townsend, is holding Comdr. Tackett's termination check illegally, and as a method of applying economic pressure to settle a dispute relative to education benefits, on Mr. Townsend's terms. Mr. Pilcher conceded that there had been a breach of contract, but took issue with the amount owed. City Manager Townsend explained that the police officer was paid by the City during the 1971-72 school year to attend Sam Houston State University and received his degree in Law Enforcement and Political Science; was allowed to go on leave of absence and was paid his salary on the agreement that he would stay with the local Police force a minimum of three years. He stated that since Comdr. Tackett had not fulfilled his contract but had left the City after one year to accept a position at Sam Houston State School, he takes the position that he is still an employee of the City and owes the City for time he did not work. He stated the staff has been negotiating • , Minutes Regular Council Meeting November 21, 1973 Page 21 . with Comdr. Tackett for several months in an attempt to get repayment. Motion by Acuff, seconded by Lozano and passed, that the Council meet in closed session for discussion of this personnel matter. Following the 15 minute recess, motion by Stark, seconded by Acuff and passed, that the meeting be adjourned at 8:15 p.m. November 21, 1973.