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HomeMy WebLinkAboutMinutes City Council - 01/02/1974• PRESENT: MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 2, 1974 2:00 P. M. 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 Assistant City Attorney Hal George 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 Richard K. Heacock, pastor of the Oak Park United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Stark and passed, that the Minutes of the Regular Council Meeting of December 129 1973, be approved as submitted to the Council. City Manager Townsend presented the proposal that a lot along State Highway 77 in Calal.len owned by the Catholic Church, on which a new Pax Christi Girl's Home will be constructed adjacent to the existing City limits, be contractually annexed. He explained that a previous public hearing had been scheduled and held on November 21, 1973 at which time there was a full presentation by a Pax representative and an attorney, there was no opposition, and the Council's action was that it be approved as requested. He explained that the hearing had been reset because of problems of trying to correlate the City's position with State Law regarding publication procedures of the hearing and timetable of passage of the ordinance. He stated that Pax is a church type institution and not involved with taxation, and the staff strongly recommends that the area be annexed. No one appeared in opposition to the foregoing request for contractual annexation. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Acuff, seconded by Stark and passed, that the lot along State Highway 77 in Calallen owned by the Catholic Church, on which a new Pax Christi Girls° Home will be constructed adjacent to the existing City limits, be contractually annexed to the City, and an ordinance be brought forward effectuating this action. •tes Regular Council Meeting January 2, 1974 Page 2 • Mayor Luby called for the City Manager's Reports, and City Manager Townsend made recommendations with related comments and explanations as follows: a. That plans and specifications for the construction of storm sewers in the Casa Blanca and La Arboleda area be approved and authority be granted to receive bids on January 23, 1974. This 1972 Bond Election project includes storm sewers varying in size from 15" to 27" in McArthur and Eisenhower Streets generally from Belton to Nimitz Street. b. That a contract be awarded to W. T. Young Construction Company for $44,483 for modification of the Old Oso Bay Bridge to a fishing pier including access to the bridge from both sides and parking areas. An appropriation of $47,000 is requested to cover contract award of $44,483 and $2,517 for related expenses. c, That Parcel #303 be purchased from King Ranch Inc. for Corpus Christi Beach Park Sites Project and that $399296.50 appropriated out of the Park Bond Fund to cover acquisition costs ($39,000) and related expenses ($296.50). This parcel is part of the acquisition program for the first phase of the Corpus Christi Beach Park Site and the purchase is based on the previously approved value. Including this parcel, approximately 407. of the land to be acquired in phase 1 has been purchased. d. That Parcel #324 of Corpus Christi Beach Park be acquired from Mr. and Mrs. Joe R. Ramon and $4,121.50 be appropriated out of the 122 General Revenue Sharing Fund to cover acquisition costs ($4,000) and related expenses ($ 121.50). This parcel is part of the acquisition program for the second phase of Corpus Christi Beach Park. The offer is based on the previously approved value. e. That the dog licensing ordinance (Section 5-43) be amended to provide a one-month overlap so that licenses for the next year may be purchased on or after December 1 and be good for December and the following year. The existing procedure requires purchase of two licenses even though one license would be good for only a few days. f. That a permanent permit be approved to McMoRan Exploration Company to locate a barge alongside their current production barge for the purpose of installing and operating a compressor for more complete depletion of their three wells in State Tracts 170 and 171, all in Laguna Madre. This $100 fee has been paid. g. That proposals be received for a study of visitor housing and pedestrian access to the proposed convention and meeting hall complex. Illktes lar Council Meeting January 2, 1974 Page 3 • h. That a supplemental agreement be authorized with Associated Architects Swanson Hiester Wilson Claycomb (formerly Swanson Hiester Wilson and Boland) (SHWC,Inc.), of Corpus Christi, Texas, and Caudill Rowlett Scott of Houston, Texas, for the schematic phase of the design of the Auditorium and related facilities in the Bayfront Science Park Area and that $99,553 be appropriated from the General Fund to be reimbursed from the Auditorium Bond Fund upon the sale of bonds. i. That the application for Workable Program re -certification be submitted to the U.S. Department of Housing and Urban Development. The certification period to be covered is from March 1, 1974 through February 28, 1976. j. That a Motion be passed noting that the 2C—year lease between Corpus Christi Airport Development Corporation and the City of Corpus Christi is in full force and effect and that the City's option as outlined in the letter of the City Manager dated October 3, 1973 to Mr. Al Busching, Veeco Instruments, is thus exercised. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the City Manager's Reports, Items "a" through "j", be accepted, and the foregoing requests and recommendations be granted and approved as presented by City Manager Town:eend. The following Motion was presented to the City Council for consideration: "A Motion noting that the 20 -year lease between the Airport Develop- ment Corporation and the City of Corpus Christi is in full force and effect and that the City's option as outlined in the letter of the City Manager dated October 3, 1973, to Mr. Allen Busching of Veeco Instruments, Inc., a copy of which is attached hereto and incorporated herein by reference for all purposes, is thus exercised. Motion by Branch, seconded by Acuff and passed unanimously, that the foregoing motion be adopted. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO, 11755, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 24, 1973, PROVIDING A NEW SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OR CONSUMERS OF THE CITY -OWNED GAS DISTRIBUTION SYSTEM, BY AMENDING SECTION 2 OF SAID ORDINANCE TO HEREAFTER PROVIDE FOR RATE ADJUSTMENT TO PASS ON TO THE CONSUMER THE FULL AMOUNT OF SUCH COST OF GAS IN EXCESS OF 30 CENTS PER MCF; PROVIDING A SEVERANCE CLAUSE; AND 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". •tes lar Council Meeting January 2, 1974 Page 4 • SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERATION OF MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE & LOCALIZER FACILITIES, AS MORE FULLY SET OUT IN THE LICENSE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "I". The foregoing ordinance was read for the second time and passed to its t:nird reading by the following vote: Luby, Acuff, Brandt, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye", ORDINANCE NO, 11858 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE N0. 8294, KNOWN AS THE BAY DRILLING ORDINANCE, AS AMENDED, BY DELETING THE PRESENT SUBSECTION 19.4 AND IN LIEU THEREOF SUBSTITUTING A NEW SUBSECTION 19.4 SO AS T0, IN CERTAIN CASES, WAIVE THE STORM CHOKE REQUIREMENT IN FLOWING WELLS; PROVIDING A SEVERABI TTY CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby voting "Nay" RESOLUTION N0. 11859 APPROVING APPLICATION FOR WORKABLE PROGRAM RECERTIFICATION, PROVIDING THE MECHANICS FOR EFFECTIVELY DEALING WITH THE PROBLEM OF URBAN SLUMS AND "BLIGHT WITHIN THE CITY OF CORPUS CHRISTI AND AUTHORIZING THE CITY MANAGER TO PRESENT SUCH "PROGRAM" TOGETHER WITH ALL REQUIRED DOCUMENTS AND STATEMENTS TO THE ADMINISTRATOR OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR APPROVAL PURSUANT TO THE HOUSING ACT OF 1949, AS AMENDED; SAID RECERTIFICATION TO BE FOR THE PERIOD OF MARCH 1, 1974 THROUGH FEBRUARY 29, 1976; AND DECLARING AN EMERGENCY. The Charter -Rule was suspended, and the foregoing Resolv.t2Cn was F,ass.v by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lugano and Stark, present and voting "Aye". ORDINANCE N0. 11860 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE OSO BAY FISHING PIER IMPROVEMENTS; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF' $47,000, OF WHICH $44,4&3 IS FOR THE CONSTRUCTION CONTRACT AND $2,517 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT N0, 220-67=106, OSO BAY FISHING -PIER IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11861 AUTHORIZING TEE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH KING RANCH, INC., FOR THE ACQUISITION OF PARCEL N0. 303, CORPUS CHRISTI BEACH PARK SITES, PROJECT N0. 291-72-12; APPROPRIATING OUT OF N0, 291 PARK BOND FUND $39,296.50, OF WHICH AMOUNT $39,000 IS FOR PURCHASE AT THE APPROVED VALUE AND $296.50' IS FOR INCIDENTAL COSTS RELATED TO THE CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL; AND DECLARING AN EMERGENCY. es (Illkar Council Meeting January. 2, 1974 Page '5 . The Charter Rule was suspended and the foregoing ordinance was passed by the following vote° Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11862 • AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH JOE R. RAMON AND WIFE, JOSEPHINE RAMON FOR THE ACQUISITION OF PARCEL N0, 324, CORPUS CHRISTI BEACH PARK SITES PROJECT; APPROPRIATING OUT OF NO. 122 GENERAL REVENUE SHARING FUND $4,121.50, OF WHICH AMOUNT $4,000 I5 FOR PURCHASE AT THE APPROVED VALUE AND $121,50 IS FOR INCIDENTAL COSTS RELATED TO THE CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11863 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH ASSOCIATED ARCHITECTS SWANSON RIMER WILSON CLAYCOMB (FORMERLY SWANSON HIESTER WILSON AND BOLAND) (SRWC, INC.), OF CORPUS CHRISTI, TEXAS AND CAUDILL ROWLETT SCOTT OF HOUSTON, TEXAS FOR ARCHITECTURAL SERVICES FOR DESIGN OF AUDITORIUM AND RELATED FACILITIES IN THE BAYFRONT SCIENCE PARK AREA, ALL, AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"' APPROPRIATING OUT OF THE UNAPPROPRIATED SURPLUS OF THE N0. 102 GENERAL FUND WHICH AMOUNT IS TO BE REIMBURSED FROM THE N0, 208 AUDITORIUM BOND FUND UPON THE SALE OF SAID BONDS APPLICABLE TO PROJECT NO. 208-72-2, THE S1 OF $99,553 FOR THE AFORESAID ARCHITECTURAL SERVICES; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11864 AMENDING SECTION 5-43, CORPUS CHRISTI CITY CODE, 1958, SO AS TO PROVIDE FOR THE TERM OF ISSUE OF DOG LICENSES; AUTHORIZING LICENSES TO BE ISSUED DURING THE MONTH OF DECEMBER FOR THE ENSUING YEAR, OR DURING ANY PART OF THE YEAR FOR THE REMAINDER OF THE YEAR; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY, The Charter. Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". In response to Commissioner Branch's request of December 26, 1973 for a report of the ethnic breakdown. of the poor in the Community in the top leadership of the Staff of the Community Action Agency, City Manager Townsend presented a report taken from the 1970 Census showing a breakdown in the total population of Angios, Blacks and persons with Spanish surnames, and the poverty levels in the ocmmunity. Commissioner Branch stated he was not interested in a breakdown of the •es ar Council Meeting January 2, 1974 Page 6 • whole community but only the ethnic breakdown within the Staff of the Community Action Agency. He stated his figures were higher than those mentioned by City Manager Townsend. Mr. James Hendershot, secretary of the local GI Forum Unit who appeared before the City Council December 26, 1973 to complain that the Red Carpet Committee had discriminated in not providing the Red Carpet Committee to welcome the Forum's National Chairman when he visited the City in mid December of 1973, appeared and re -stated his complaint. He reported that he had obtained copies of the By Laws and rules and regulations of the Buccaneer Commission and researched the ethnic and racial composition and found that the Board of Directors is composed of 19 Anglos, two Mexican -Americans and no Blacks, which he did not feel represented an ethnic balance. He requested that the City Council ask or encourage the Commission to consider adding new members to the Board and the Red Carpet Committee to obtain a more balanced representation of minority groups. He pointed out that the rules specify that requests for Red Carpet Committee originate with the City Secretary and must be approved by either the Mayor or Mayor Pro Tem. He inquired if these rules were being complied with, and if it would be possible to authorize the City Secre- tary to make contacts with the Red Carpet Committee on short notice. Mayor Luby stated he was not familiar with all the functions of the organi- zation and the policies governing the Red Carpet Committee, but that he had authorized the City Secretary to approve the requests for him in his absence. It was explained to Mr, Hendershot that the Buccaneer Commission is a non-profit organization over which the City has no control and only originates with the City for screening purposes. The Council directed the City Manager to contact the Buccaneer Commission by letter urging that a broader representation of ethnic and racial groups be included in their activities. Reverend Bill Spivey, pastor of The Church of Our. Lord Jesus Christ, concurred with statments of Mr, Hendershot stating it was the responsibility of the City Council to see that Blacks are included on the Buccaneer Commission. Mr, Paul A. Vogler, Jr., stated it was a misconception that the City does not have the authority to control activities of the Buccaneer Commission, pointing out that the buildings and grounds are leased from the City. He complained that the Commission is a social organization and the Buccaneer Days Celebration excludes the •ar Council Meeting January 2, 1974 Page 7 • poor from participation in anything other than as spectators. Mayor Luby announced the scheduled public hearings on two zoning cases and one proposed Text Amendment to the Zoning Ordinance, City Manager Townsend presented Application #1173-6, Grady St. Clair & Truman Hatch, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot 13R, Block 3, Woodlawn Estates, located on the north side of the 1400 block of South Padre Island Drive, east of Clare Drive. The request was heard by the Planning Commission November 27, 1973 and forwarded to the Council with the recommendation that it be approved as a logical extension of "B-4" along Padre Island Drive, and the Staff concurred in this recommendation. 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 Stark, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #1173-6, Grady St. Clair & Truman Hatch, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot 13R, Block 3, Woodlawn Estates, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application d1173-8, Mrs. R. R. Hughes, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 13, Block 19, Schanen Estates 2, located on the southwest corner of Limerick Drive and Schanen Boulevard (5801 Limerick Drive). The request was heard by the Planning Commission on November 27, 1973 and forwarded to the Council with the recommendation that it be denied on the basis that even with a special permit it would be a clear case of spot zoning. The Planning Staff concurred in this recommen- dation. Mr. Townsend reported that since the Commission hearing eleven letters had been received indicating opposition to the requested change of zoning, and that the 20 percent rule is in effect. No one appeared to speak in favor or in opposition to the recommendation tf the Planning Commission. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the hearing be closed. 111 R aT Council Meeting January 2, 1974 Page 8 • Motion by Stark, seconded by Acuff and passed, that the recommendation of the Planning Commission be concurred in and Application #1173-8, Mrs. R. R. Hughes, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Lot 13, Block 19, Schanen Estates 2, be denied on the basis that even with a special permit it would be a clear case of spot zoning, City Manager Townsend presented the proposed Amendment to the Text of the Zoning Ordinance #6106 on which a public hearing was held by the Planning Commission November 27, 1973 as follows: 1. Amend Article 17 "B-5" Primary Business District Regulations, Section 17-2, Item (1), by striking the period after the word "district" and adding the following: "except one family or two-family dwellings." 2. Amend Article 18 "B-6" Primary Business Core District Regulations, as follows: (a) Amend Section 18-1, line 5, after the word "required" by inserting the words "except for dwellings". (b) Amend Section 18-3, by striking the period after the word "District" and adding the words "for business uses. The parking regulations for dwellings are contained in Article 22 of this Ordinance." 3, Amend the Table of Contents, Item 7 by changing the words "two-family" to "multiple". 4. Amend Article 4, General Provisions, Districts and District Maps, Section 4-1, Item 4, by changing the words "two-family" to "multiple". 5. Amend Article 7 Two-family Dwelling District Regulations as follows: (1) In the title caption change the words "two-family" to "Multiple". (2) In Section 7-1, at the beginning of line 3, change the words "two-family" to "Multiple", 6. Amend Article 24 Height, Area and Bulk Requirements, Section 24-1, Subsection 7, Column 2, by changing the words "two-family" to "multiple", 7, Amend Article 29 Board of Adjustment, Section 29-3, Subsection 29-3.01,02, first line, by changing the words "two-family" to "multiple", 8. Amend Article 31 Newly Annexed Territory, Section 31-5, Subsection 31-5,01 at the beginning of the second line by changing the words "two-family" to "multiple". No one appeared in opposition to the foregoing proposed amendments. Motion by Acuff, seconded by Stark and passed, that the hearing be closed. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the foregoing amendments be adopted as recommended by the Planning Commission, and an ordinance be brought forward effectuating the amendments. s R ar Council Meeting January 2, 1974 Page 9 • ORDINANCE N0. 11865 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 GRADY ST. CLAIR AND TRUMAN HATCH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 13R, BLOCK 3, WOODLAWN ESTATES SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B -L" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES INCONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE N0. 11866 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, BY AMENDING THE TABLE OF CONTENTS, ITEM 7; BY AMENDING ARTICLE 4, SECTION 4-1, ITEM 4; BY AMENDING ARTICLE 7, THE CAPTION AND SECTION 7-1; BY AMENDING ARTICLE 24, SECTION 24-1, SUBSECTION 7, COLUMN 2; BY AMENDING ARTICLE 29, SECTION 29-3, SUBSECTION 29-3.01.02; BY AMENDING ARTICLE 31, SECTION 31-5, SUBSECTION 31-5.01, TO HEREAFTER PROVIDE FOR THE WORDING OF "MULTIPLE" INSTEAD OF "TWO-FAMILY"; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". There being no further business to come before the Council, the meeting was adjourned at 3:20 p.m., January 2, 1974.