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HomeMy WebLinkAboutMinutes City Council - 03/13/1974PRESENT: Commissioners Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 13, 1974 2:00 P.M. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring City Secretary T. Ray Kring called the roll of those in attendance. City Secretary Kring noted the absence of the Mayor and Mayor Pro Tem. Under provisions of the City Charter, Article 2, Section 4, those present should proceed to elect one of those present as acting mayor for the impending meeting. Motion by Thomas Gonzales, seconded by Stark and passed, that Councilman Gabe Lozano, Sr. be elected Mayor to preside over the meeting. Acting Mayor Lozano called the meeting to order in the absence of Mayor Luby and Mayor Pro Tem Acuff. The invocation was given by Mr. Cleo LaRue, student minister. Motion by Stark, seconded by Thomas Gonzales and passed,' that the absences of Mayor Luby, Mayor Pro Tem Acuff, and Commissioner Branch be excused for just cause. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the Minutes of the Regular Meeting of February 27, 1974 be approved as submitted to the Council. Acting Mayor Lozano announced the issuance of proclamations as follows: TEXAS A & M UNIVERSITY DAY, March 8, 1974 (presented March 8, 1974); COASTAL BEND SPECIAL OLYMPICS DAY, March 16, 1974; POISON PREVENTION WEEK, March 17 through 23, 1974; CAMP FIRE GIRLS WEEK, March 17 through 23, 1974. Acting Mayor Lozano called for the opening of bids. Director of Engineering & Physical Development James K. Lontos opened and read bids for the repairs to the runways and taxiways at the Corpus Christi Inter- national Airport. The project includes the replacement of asphalt which has failed at the International Airport since the completion of the runways by B & E Construc- tion Company. Bids were received from the following firms: Heldenfels Brothers; and Asphalt Paving Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion. • • Minutes Regular Council Meeting March 13, 1974 Page 2 Acting Mayor Lozano called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related explanations and comments as follows: a. That bids be received at 11:00 A.M. on Tuesday, April 9, 1974 for the following: 1) A 1,000 GPM Class A triple combination pumper truck for the Fire Department. 2) A self -trailing stump cutter for the Park Division. b. That the contract with Diversified Structures, Inc., for construction of the Police Division Crime Prevention Building be accepted as complete and that the final payment of $7,180.24 be authorized. This project provided office space for the Police Crime Prevention Bureau. The building is a furnished 12' x 40' prefabricated metal building with air conditioning. A grant from the Criminal Justice Council provided $5,200 toward the project cost with the balance coming from the Police Division operating budget. c. That the contract for the striping of the centerline of Runway 13-31 at Corpus Christi International Airport be accepted as complete and that final payment of $2,378.64 be authorized to Townsco Contracting Co. of Oklahoma City. The final payment is $228.64 greater than the original contract because it was decided to have some additional striping done on the taxiways. d. That $9,527 be appropriated for the acquisition of Parcel No. 26, Bayfront Open Space Park Site #3, from Edith Seeger. The owner has offered to settle for $17,287.00 the amount of $7,760.00 having been awarded by Special Commissioners in condemnation proceedings and deposited in the Registry of the Court in September, 1972. The lots in this block are deed restricted against development. This parcel was appraised considering the restrictions and without the restrictions. The agreed value is less than the appraised value without restrictions. e. That a drilling permit be approved for Mr. Robert Mosbacher to drill a directional well with the surface location to be in the southeastern corner of State Tract 51 and bottomed in the northeastern corner of the adjacent State Tract 66. The surface location is an irregular location because it is not located in the normal cluster corner of State Tract 51 (the southwestern corner) because the normal cluster location is not available due to it being within the Naval Base Restricted Area. The • • Minutes Regular Council Meeting March 13, 1974 Page 3 well willbe drilled to a total depth of 11,500 feet. Mr. Mosbacher has complied with all other requirements of the Bay Drilling Ordinance and it is recommended that the permit be granted. The Bay Drilling Committee concurs with this recommendation. f. That a 10 -foot utility easement centered on the west property line of Block 3, Unit 1, Stoddart Smith Subdivision, located just west of Waldron Field Road north of Purdue Road be abandoned, The affected departments concur in this re- commendation. The easement needs to be abandoned in order that the area can be replatted as part of a PUD development. g. That Ordinance No. 11927, dated February 27, 1974 which adopted the preliminary assessment roll for the improvements of Nueces Bay Blvd. from IH 37 to Leopard and which set a public hearing on the assessment roll for 3 p.m. on March 27, 1974 in the City Council Chambers, be amended to provide that a public hearing be held at 3 p.m. on April 10, 1974 in the City Council Chambers. Although proper notice was posted in sufficient time in the Courthouse, proper notice was not published in the newspaper in sufficient time to meet the requirement of State law which requires that the first notice of such a public hearing be published at least 21 days before the date thereof. h. That Ordinance No. 11793, dated November 14, 1973, which changed the zoning of an approximately 10 acre tract of land located on the south side of Padre Island Drive west of the Ayers Street and Crosstown Expressway interchange from "R -1B" to "B-4" on the application of Jack L. Andrus, Jr., Trustee, be amended to correct an error in the legal description of the property involved. i. That an agreement be executed with the State of Texas for the reconstruc- tion of South Staples Street from Padre Island Drive to Saratoga Boulevard and that $603,500.00 be appropriated and reappropriated for the City's estimated share of the construction cost. Of the $603,500.00, $315,000.00 will be reappropriated out of revenue sharing monies. The City's share of the project includes the adjustment of utilities and the construction of storm sewers, curb and gutter, driveways, and side- walks. The State's share includes pavement widening and the installation of automatic railroad crossing protective devices. The State will let a contract for the whole project including the City's portion and the City will deposit its share of the cost in an escrow account for use by the Sts..,. Bids will be received in April. • • Minutes Regular Council Meeting March 13, 1974 Page 4 Motion by Stark, seconded by Thomas Gonzales and passed, that the City Manager's Reports, Items "a" through "i", be accepted and the requests and re- commendations be granted and approved as presented by City Manager Townsend. City Manager Townsend presented the pending item; the elimination of the present "B-3" Shopping Center District and in lieu thereof the creation of a "B-3" Business District with the same regulations as the present "B-4" Business District excluding residential uses. Mr. Townsend explained that a public hearing was held on this text amendment on February 6, 1974 and it was tabled for further consideration. On March 6, 1974 the staff was requested to bring this text amend- ment forward on March 13, 1974 for further consideration. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the zoning ordinance be amended to eliminate the present "B-3" Shopping Center District and create a new "B-3" Business District to be the same as "B-4" Business District but excluding residential uses permitted under "B-4". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, AND MADE A PART HEREOF; MARKED EX- HIBIT "A". The foregoing ordinance was read for its second time and pass to its third reading by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. Mr. Raul Saenz, residing at 315 Cape Hatteras, appeared before the Council to ask the Council to require all Little League organizations with city leases to let all youngsters play baseball with their awn age groups. He complained that only a number of 12 -year olds can play in the "major league" and the rest have to play in the "minor league" with younger boys, He said his 12 year old son had been denied a place in the "major league" of the Oso Little League and this type of restriction was not fair. Mr. Paul Vogler, Jr., also appeared before the Council and expressed his views on this issue and requested the Council not pass this matter up because many boys have and want to play baseball. The Council requested the staff talk with Little League officials and try to work out the problem. • • Minutes Regular Council Meeting March 13, 1974 Page 5 SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE AGREEMENT WITH THE SOUTHSIDE PONY LEAGUE, LEASING TO SAID SOUTHSIDE PONY LEAGUE A I.71 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PUR- POSE OF CONDUCTING A PONY LEAGUE BASEBALL PROGRAM ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11944 AMENDING ORDINANCE NO. 9472, PASSED AND APPROVED ON AUGUST 27, 1969, AS AMENDED, SO AS TO PROVIDE AN UNTREATED WATER RATE OF SIX CENTS (6c) PER THOUSAND GALLONS PER MONTH FOR ALL WATER CONSUMED AND TO CHANGE THE MINIMUM CHARGES OF INDUSTRIAL AND MUNICIPAL CUSTOMERS AND TO ADD A COMMERCIAL MONTHLY CHARGE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11945 AMENDING ORDINANCE NO. 8879, KNOWN AS THE "LAND DRILLING ORDINANCE", AS AMENDED, BY AMENDING SUBSECTION 4.5 OF SAID ORDINANCE SO AS TO PROVIDE THAT NO WELL SHALL BE DRILLED AT ANY LOCATION WHICH IS ON OR MORE THAN 200 FEET FROM THE EXTERIOR BOUNDARY LINE OF THE LANDS UTILIZED FOR CEMETERIES OR PUBLIC PARKS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11946 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS OF FLYWAY SUBDIVISION UNIT 1, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS RE- FERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND, CONSISTING OF 39.45 ACRES OF LAND, MORE OR LESS OUT OF LOTS 14, 15 AND 16, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY, TEXAS, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales- Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. III/0 Regular Council Meeting March 13, 1974 Page 6 • ORDINANCE N0. 11947 ANNEXING A 39.45 -ACRE TRACT OF IAND, OUT OF LOTS 14, 15, and 16, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(b), AND PROVIDING FOR ANNEXATION TO THE CITY OF CORPUS CHRISTI, TEXAS, A PORTION OF EVERHART ROAD AND SNOWGOOSE ROAD (COUNTY ROAD 26-A), PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2 (c), PROVIDING FOR ANNEXATION OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE N0. 11948 CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT CENTERED ON THE WEST PROPERTY LINE OF BLOCK 3, UNIT 1, STODDART SMITH SUBDIVISION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11949 AMENDING ORDINANCE NO. 11927, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 27, 1974, BY AMENDING SECTION 6 THEREOF SO AS TO PROVIDE THAT THE PUBLIC HEARING PROVIDED IN SAID ORDINANCE NO. 11927, RELATIVE TO IMPROVEMENTS TO NUECES BAY BOULEVARD, FROM CNTERSTATE 37 TO LEOPARD STREET, BE HELD APRIL 10, 1974, IN THE COUNCIL CHAMBER AT CITY HALL AT 3:00 P.M., IN LIEU OF MARCH 27, 1974; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE N0. 11950 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 BY ORDINANCE N0. 6106, AS AMENDED, BY DELETING THE PRESENT ARTICLE 15 "B-3" SHOPPING CENTER DISTRICT REGULATIONS AND IN LIEU THEREOF ADOPTING A NEW ARTICLE 15 TO BE ENTITLED "B-3' BUSINESS DISTRICT REGULATIONS"; BY AMENDING SECTION 24-1 AND BY AMENDING ARTICLE 24 HEIGHT, AREA AND BULK REQUIREMENTS, AS FOLLOWS: BY CHANGING DESIGNATION FRCM "ARTICLE 15 'B-3' SHOPPING CENTER DISTRICT" TO "ARTICLE 15 'B-3' BUSINESS DISTRICT; BY STRIKING THE WORDING "SEE SPECIAL REGULATIONS AS CONTAINED IN ARTICLE 15"; BY CREATING A COLUMN 4 TO CONTAIN THE NUMBER "20"; AND BY ADDING THE WORDING "NONE EXCEPT AS REQUIRED IN SECTION 15-5" IN COLUMNS 5 THROUGH 9; 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 e_,.1 the foregoing ordinance was passed by 111/1 Minutes • Regular. Council Meeting March 13, 1974 Page 7 the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11951 AMENDING ORDINANCE NO. 11793, DATED NOVEMBER 14, 1973, ENTITLED "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 JACK L. ANDRUS, TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TEN ACRES OUT OF FARM LOT 2, SECTION 4, BOHEMIAN COLONY LANDS MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM 'R -1B' ONE -FAMILY DWELLING DISTRICT TO 'B-4' GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECIARING AN EMERGENCY" SO AS TO CORRECT THE DESCRIPTION OF THE TRACT OR PARCEL PROPOSED TO BE REZONED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING OR- DINANCE 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: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11952 AP.ROPRTATING THE SUM OF $9,527 OUT OF NO. 291 PARK BOND FUND, APPLICABLE TO FaOJ.ECT NO. 291-70-8, FOR ADDITIONAL COMPENSATION FOR ACQUISITION OF PARCEL 26, BAYFRONT OPEN SPACE PARK SITE #3, OWNED BY EDITH SEEGER, BEING A MATTER IN CONDEM- NATION IN THE COUNTY COURT AT LAW NO. 2 OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. ORDINANCE NO. 11953 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE CONSTRUCTION OF SOUTH STAPLES (METROPOLITAN HIGHWAY 29) FROM PADRE ISLAND DRIVE '.R,IL 358) TO SARATOGA BOULEVARD (S.H. 357), A COPY OF WHICH AGREEMENT IS ATTACHED F7a"TO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING AND REAPPROPRIATING $'-3,500, OF WHICH $288,500 IS APPROPRIATED FROM THE NO. 220 STREET BOND FUND, FOR cPOjECT NO. 220-70-107, AND $315,000 IS REAPPROPRIATED FROM THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 5641, CODE 502, ALL BEING FOR THE CITY'S ESTIMATED 47t.3E OF THE AFORESAID CONSTRUCTION COST; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Thomas Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby, Acuff, and Branch absent. City Manager Townsend reported to the Council that one of the Police Lieute- nants, Perfecto Rodriguez, had been accepted and approved in the F.B.I. Academy. • • Minutes Regular Council Meeting March 13, 1974 Page 8 Motion by Stark, seconded by Thomas Gonzales and passed, to recess until 4:00 p.m. The Council Meeting was called to order at 4:00 p.m. to hear the scheduled public hearings on two street name changes. a. Incarnate Word Academy students and faculty members had requested that the name of Breezeway in a two -block segment between South Alameda and Austin be changed to Angel Avenue. Several student representatives appeared before the Council to argue for their cause but several persons whose houses face on other parts of Breezeway appeared in protest. Patricia Busker, Myra Tucker, and Linda Oliveira, students at Incarnate Word Academy, argued that other high schools in the city have streets named after their mascots and they feel their school deserves the same honor. They said only one residence fronts on the two -block segment involved and thus no large number of per- sons would be inconvenienced by the name change. Mrs. Ralph Cook, Eva Howard, Paul Burkett, Mrs. John Dye, and Mr. J. S. Modlin, all Breezeways residents argued that the change would inconvenience them even though the section they live on would keep its name because the drivers of emergency vehicles and other persons trying to find Breezeway from the Alameda side would be confused by the two -block change. City Manager Townsend asked whether there would be any opposition to leaving Breezeway as the legal name of the two -block section but including both Breezeway and Angel Avenue on the street signs. Breezeway residents didn't indicate opposition but one suggested leaving the Breezeway sign as is and putting up an honorary sign on the Incarnate Word side of the street. Student representatives said they would have to talk with other students to determine whether a compromise was acceptable. Motion by Stark, seconded by Thomas Gonzales and passed, to table the matter until next week to give the Traffic Engineering department a chance to study the various possibilities and present them to the students. b. Mrs. Soledad Hernandez, residing at 1002 - 24th Street, appeared before the Council on her request to change the name of a section of Bluntzer Street to 24th Street to be in line with other numbered streets in the area. This section is between Agnes and Buford. • Minutes Regular Council Meeting March 13, 1974 Page 9 Mr. Richard Pena appeared in opposition to this request stating it would be an inconvenience because they would have to change all their papers, credit cards, etc. from Bluntzer to 24th Street. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Thomas Gonzales, seconded by Stark and passed, to leave the name Bluntzer Street and put "24th" in brackets on the street sign. Mrs. Hernandez requested an answer to her inquiry of February 6, 1974 about a cemetery where citizens without insurance could be buried. The Council requested the city staff look into the matter. There being no further business, the meeting was duly adjourned at 5:20 p.m.