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HomeMy WebLinkAboutMinutes City Council - 05/15/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 15, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark the City Catholic City Manager R. Marvin Townsend City Attorney James R. Riggs Exec. Assistant City Attorney Michael May Assistant City Attorney Gerry Miller City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of Hall. The`Invocation was given by The Reverend Thomas Meaney of Holy Cross Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the absence of Commissioner Ricardo Gonzalez be excused for just cause. Motion by Acuff, seconded by Lozano and passed, that the Minutes of the Regular Meeting of May 1, 1974, be approved as presented to the Council. Mayor Luby announced the issuance of proclamations as follows: D. WHITNEY HALIADAY DAY, May 15, 1974; ACTION WEEK, May 19 through 25, 1974; NATIONAL INSURANCE WOMEN'S WEEK, May 19 through 25, 1974; INTERNATIONAL SHRINE HOSPITAL DAY, May 19, 1974; SAFETY PATROL WEEK, May 19 through 25, 1974; and BLUE ANGELS DAY, May 15, 1974. Mayor Luby recognized and welcomed 14 Third Grade students of St. Theresa Catholic School who were present to observe government in action. The students were accompanied by their teacher, Mrs. Hughes, and sponsors, Mrs. Farmer and Mrs. Stich. Bids were opened and read by Director of Engineering & Physical Development James K. Lontos for the construction of Cole Park, Science Park and T -Head improvements, and Louisiana Avenue -Ocean Drive Intersection improvements, from the following firms: King & Mansheim Company, Inc.; Asphalt Maintenance Co., Inc.; Heldenfels Brothers; Asphalt Paving & Construction Company; and H. S. Green Company. Mr. Lontos explained that the foregoing improvements include: (a) con- struction of a 50 -car parking lot at the south end of Cole Park, a concrete side- walk from the proposed parking lot to the fishing pier area, a walkway entrance to the fishing pier, and a planter near the park marker (1972 Bond Election Project); (b) construction of an access road to the Corps of Engineers' parking lot and a small parking area for 9 additional vehicles at the south channel parking lot; (c) repair of the existing sidewalk on the Peoples Street T -Head near the seawall; • Minutes Regular Council Meeting May 15, 1974 Page 2 and (d) modification of the right hand turn lane from Ocean Drive to Louisiana by extending the turn lane so that motorists can more easily turn onto Louisiana Parkway. 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 recommen- dation. Mayor Luby announced the recessed public hearing which was opened May 8, 1974, on the closing of the portion of Rose Street which abuts Nueces Bay Boulevard. City Manager Townsend explained that the hearing was recessed last week to determine whether one of the property owners would still be opposed to the closing after being informed of the difference in the assessments if the street were closed as opposed to being left open. He stated that Mr. George Byrd, the owner involved, had been contacted by a member of the Engineering Staff and that he now concurs with the recommendation that the street be closed. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the portion of Rose Street which abuts Nueces Bay Boulevard be closed, and an ordinance be brought forward effectuating the closing subject to the receipt of a letter from Mr. George Byrd confirming his agreement that the street be closed. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following requests and recommendations with explanations and comments as follows: a. That a public hearing be held on June 5, 1974 at 3 p.m., Special Meeting, on the following zoning applications: (1) Mr. and Mrs. Robert M. Veselka and Mr. Harold T. Hartgraves - "R -1B" to "B-4", located south of Padre Island Drive between Clare and Woodlawn Drives. (2) Mrs. D. L. Smith dba Der Wienerschnitzel - Exception to screening fence requirements, located on the southwest corner of Carroll Lane and South Padre Island Drive. (3) Mr. Tom Swantner, Trustee - "R -1B" to "A-1", located on the north side of Holly Road between Airline and Toben Drive. b. That bids be received from June 24 thru June 28, 1974, on 59 annual supply contracts. Because of uncertainty in price, the specifications have been modified to allow price fluctuation based on increase or decrease to the successful • Minutes Regular Council Meeting May 15, 1974 Page 3 bidder by his supplier or source of material or any freight rate increase or de- crease which can be identified with a particular shipment. Problems in delivery may also be experienced. The estimated total cost is approximately $2,600,000, an increase of approximately $300,000 from 1973-74. c. That the Coliseum's used surplus basketball floor be sold to Comanche County Court House for use by Cameron Jr. College for $3,102.00 based on the only bid received. (Bid Tabulation #25-74) d. That International Aerial Mapping Company of San Antonio be authorized to provide aerial flight control for Port Avenue from Agnes Street to the Port Ayers Y, and that $4,200.00 be appropriated for this work based on $1,400.00 per mile. The aerial flight control sheets will be used for plan preparation for future Port Avenue improvements. e. That Parcel No. 326 of Corpus Christi Beach Park be acquired from Mrs. E. H. Leighton at the previously approved value of $6,750, and $6,896.50 be appropriated out of the Fourth Entitlement period revenue sharing fund to cover acquisition costs and related expenses. This parcel is part of the second phase of the Corpus Christi Beach Park. f. That Prescott Street Improvements from Gollihar to the Crosstown Expressway and Prescott Park Drainage Improvements as constructed by Burtex Constructors, Inc. be accepted and final payment of $40,113.66 be approved. The contractor overran the project time by 28 working days, but as a result of delays caused by utilities, it is recommended that an extension of 16 days be granted and 12 days be charged as liquidated damages. The total project cost was $238,292.13. It is also recommended that the assessment roll be amended to re- flect minor changes made during construction at the request of property owners. The total final assessment roll is $49,877.88. g. That plans and specifications for Sidewalk Improvements, Unit VII, providing for the construction of sidewalks along various school routes within the City and in other needed areas be approved and bids be received on June 5, 1974. The areas included are: Clarkwood Road from Clarkwood School to State Highway 44 Robert Drive from Santa Fe to Gaines Everhart Road from Center Lane to Alameda Weber Parkway near Pope Drive 15th Street from Southern to Staples and a short distance near Craig Street • Minutes Regular Council Meeting May 15, 1974 Page 4 Churchill Drive from Arlington to Tarlton McArthur from Belton to Campana Buford from 10th to Brownlee Winnebago from Coles School to Alameda Lawrence and Williams Streets from East to West Shoreline h. That plans and specifications for the construction of a storm sewer in Southgate Drive and Blanco Street be approved and bids be received on June 5, 1974. This project will alleviate a drainage problem which exists in the La Armada Housing Project. The City has previously accepted these streets for maintenance as part of the cooperation contract with the Housing Authority. Money is avail- able from minor storm sewer projects included in the 1972 bond issue. i. That a contract be authorized with The Goldston Company, Inc. for construction of the Corpus Christi Bay Boat Launching Ramp and $35,000 be appro- priated including $33,242 for the construction contract and $1,758 for related expenses. The companion project to convert the old Oso Bridge into a fishing pier has just been completed. The Texas Parks and Wildlife Department and the Bureau of Outdoor Recreation are financing most of this project. j. That plans and specifications for the following street improvements be approved and bids be received on June 5, 1974: (1) Niagara from Burnet to Belton (2) Bertram from Burnet to Belton (3) Sarita from Baldwin to Morgan, and (4) Intersection improvements at Everhart Road and Padre Island Drive The street improvements are part of the Voluntary Paving Program approved in the 1970 bond election and include the reconstruction of all streets, curb, gutters, sidewalks, driveways and pavement. The curbs will be 4" roll type to be in conformance with the overall City policy. The intersection improvements at Everhart and Padre Island Drive provide for widening and realignment of the lanes north of Padre Island Drive and a continuous right turn lane for traffic turning east from the north bound Everhart traffic. Right of way will need to be acquired for the Everhart right turn lane. Bond money for miscellaneous right of way ac- quisition is available for this purpose. k. That the Legal Department be authorized to settle the case of Hatch v. City of Corpus Christi for $10,000. Judgment has been rendered in the Trial Court against the City for $12,500 plus interest. The project that gave rise to this suit was a three -government funded project and included the City of Corpus Christi, Nueces County and the Navigation District. This case has been pending • Minutes Regular Council Meeting May 15, 1974 Page 5 for 15 years and it is felt that only more litigation will result from con- tinuing the appeal. Hatch sued the City for taking away an alleged security interest he had by virtue of the lease with Oscar Brown when the City bought and demolished Brown's Cafe from Brown. The cafe was purchased in connection with construction of the highway 9 bridge over the related railroad as part of the Tule Lake Bridge railroad relocation project. 1. That authority be granted to institute all appropriate legal pro- ceedings against the establishment of a Class I toxic waste disposal site by South Texas Industrial Services near Three Rivers, Texas. A copy of the new certificate has not yet been received. The City's consulting hydrologist and engineers have reviewed the additional requirements placed upon South Texas Industrial Services and all agree that the City should proceed with legal action because of the apparent inadequacies of the new requirements. m. That plans and specifications for first stage improvements to Bayfront Open Space Parks be approved and bids be received on June 12, 1974. The project is the development phase of the contract between the City and the Department of Housing & Urban Development. It involves grading, topsoil, seeding, access and parking spaces, bicycle paths, and some bulkhead protection. The project is financed 50% by HUD. All right of way has been acquired with the exception of one parcel which is a private park. The areas involved are at Oleander, Sinclair, Doddridge and Palmetto Streets, and opposite South Shore Estates Subdivision. n. That Tracor Inc. of Austin be employed in cooperation with the Navy to provide sound studies using those same systems for International, NAS, Waldron and Cabaniss airfields, and to update the Waldron Field study to reflect current flight patterns. Money is available under the HUD 701 Planning Grant for this study which must be under contract by June 30. Existing studies of the Navy's fields are on a different basis than the study now being computed for International Airport. o. That the preliminary plans for the community theater for Corpus Christi, be approved. The plans have been presented to the Park Board, the Planning Commission and the Arts Commission. p. That $9,000 be appropriated from the First entitlement period • Minutes Regular Council Meeting May 15, 1974 Page 6 revenue sharing fund to provide interim financing through July, 1974, for the YWCA Intervention Center Program. This program has been financed by the Criminal Justice Council to provide a range of program services for young female offenders to keep the girls out of detention quarters, jails and other correctional in- stitutions. The YWCA will continue to seek alternate sources of funding for the program's continuation. The City offer of interim assistance of $2,500 in the Spring of 1973 was not needed and the check was returned. Any support of this program beyond August 1, 1974, should be determined as part of the review and adoption process for the 1974-75 budget. q. That Central Power and Light Company be authorized to install two 130,000 barrel fuel storage tanks on the Lon C. Hill Power Plant site. The tanks will meet all the provisions of the fire prevention code and the City code which requires City Council approval of such tanks. The property on which the tanks will be constructed is zoned "I-3" Heavy Industrial District. Motion by Acuff, seconded by Tom Gonzales and passed, that the City Manager's Reports, Items "a" through "q", be accepted and the requests and re- commendations be granted and approved as presented. City Manager Townsend presented the pending item of zoning Application #274-6, Ben Marks, Agent, for change of zoning from "R-2" Multiple Dwelling District to "A-1" Apartment House District on property located north of Stonegate Way and south of Carona Drive, on which a public hearing was held April 17, 1974, and tabled pending interpretation of the 20% rule. He explained that there had been some discrepancy in the notice and advertising in this case in that it was ad- vertised as 20.4 acres, but that notices which were mailed to property owners had indicated 10.2 acres that the applicant had modified his application and reduced the acreage after the notices had been mailed, and notices only went to property owners surrounding the reduced area. City Attorney Riggs filed a written opinion stating that the fact that the entire tract of land was advertised prior to the Council hearing, as was originally proposed to the Planning Commission, does not entitle the adjacent property owners to invoke the 20% rule vote as to the portion of the original tract presently being considered. His conclusion, under State law, was that the 20% rule is not in effect in this case. Minutes Regular Council Meeting May 15, 1974 Page 7 Motion by Lozano, seconded by Stark and passed, that Application #274-6, Ben Marks, be removed from the Table. Motion by Lozano, seconded by Stark and passed, with Luby and Acuff voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #274-6, Ben Marks, Agent, for change of zoning from "R-2" Multiple Dwelling District to "A-1" Apartment House District, on 10.2 acres out of Lots 3 & 4, Oso Farm Tracts, be concurred in and the request be approved except for a 200' strip along the south property line, and an ordinance be brought forward ef- fectuating the change. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Paul A. Vogler, Jr., complained that political harassment had been the motive when his son's automobile was removed from in front of the Vogler residence by the Neighborhood Improvement staff, and impounded. He stated the action was illegal, the ordinance is ambiguous and should be amended to provide that at least ten days notice should be given the owner before vehicles are im- pounded. He stated he had not been aware that the car was impounded, had called the Police Department and was told they had no knowledge of it, and he had thought it was stolen and had spent $18.00 for an ad in the newspaper. City Manager Townsend assured Mr. Vogler there had been no intent to harass, that the car was parked on public right of way, the license plate was not current, and it was his information that notice had been put on the car on the 6th day of the month, checked on the 8th, and impounded on the 9th, and so far as the records indicate, the action was routine and according to usual pro- cedures. The Council instructed the City Manager to investigate the complaint and determine if there had been any harassment as alleged by Mr. Vogler. Mrs. Pat Duaine, 4909 Branscomb, realtor representing Mr. Sam Perkins, applicant for a change of zoning from "R -1B" to "A-1" on Carrolleton Annex #3 and Hancock Tract and the City -owned property (containing approximately 4.91 acres), on which a public hearing was held March 27, 1974, and "R-2" Multiple Dwelling District was granted. Mrs. Duaine asked why the closing of the street running through the property had not been placed on the agenda. She stated the sale of • • Minutes Regular Council Meeting May 15, 1974 Page 8 the land by her clients could not be completed until the street is closed, and the delay is causing an undue hardship. City Manager Townsend reviewed the background of the zoning case and described conveyance of ownership of the portion of the City -owned right of way. He stated the action of the Council following the public hearing was to approve the zoning, but withheld action regarding the closing of the street until a site plan was submitted and approval from Housing and Urban Development or the Housing Authority that the site plan was satisfactory, and that not having the site plan, the City had not pursued the matter further. He explained that it was the opinion that it was not the role of the staff to call a public hearing since it had been clear that a hearing would not be called until such time as a plan for development of the tract was submitted. Mrs. Duaine was advised that she could request the closing according to established procedures of paying the $25 fee and furnishing a list of property owners within a 450' radius, and the request would be placed on the agenda next week for formal setting of a date for a public hearing. Mayor Luby announced the recessed Public hearing on paving assessments of the Horne Road, Unit II street improvement project. that City Manager Townsend explained/at the hearing held on the paving as- sessments April 17, 1974, it was determined that Items 42 through 53 had been erroneously assessed on the basis of a 41' street instead of a 61' street, and that the assessment on Item 21 needed to be reconsidered since a special permit was recently approved for a parking lot for ice cream trucks. Mr. Townsend stated that it had since been discovered that the abutting property owners of Item 21 had not been properly notified and would be deleted from this hearing. No one appeared in opposition to the assessments relative to Items 42 through 53. Motion by Acuff, seconded by Branch and passed, that the assessment roll for Horne Road Unit II, from McArthur to Naples, be approved reflecting corrections on Items 42 through 53. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-64 SO AS TO ADD LOUISIANA AVENUE TO THE LIST OF STREETS ON WHICH VEHICLES EXCEEDING ONE -TON CAPACITY MAY NOT TRAVEL; PROVIDING FOR SEVERABILITY, AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its • • Minutes Regular Council Meeting May 15, 1974 Page 9 third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzales absent. Motion by Acuff, seconded by Lozano and passed that the ordinance read on the first of three readings on May 8, 1974, which ordinance amends the Corpus Christi City Code, 1958, as amended, by amending Section 34-27 by adding Sub- section (G), be amended prior to the second reading thereof by deleting from said Subsection (G) of Section 34-27 as appears in Section 1 of the aforesaid ordinance, the wording following "expressway frontage roads" in line 7 and by adding the following: "not intersect the frontage road at any point along the curb line of the frontage road, or along the edge of the pavement if there is no identifiable curb line, within 150 feet, measured in the direction of traffic flow on the frontage road, from a line perpendicular to the right curb line of the frontage road drawn through the point of intersection of the right curb line of an off -ramp and the left curb line of the frontage road, and be located to minimize danger created by the crossing, weaving, and merging of traffic." Subsection (0) of Section 34-27 to hereafter read as follows: "(G) The location of the driveway must (1) provide maxi- mum safety for motorists, pedestrians, and users of the driveway; (2) be a sufficient distance from street inter- sections to optimize safety in the movement of traffic in the area of such intersections; and (3) if the driveway provides access to or from expressway frontage roads, not intersect the frontage road at any point along the curb line of the frontage road, or along the edge of the pave- ment if there is no identifiable curb line, within 150 feet, measured in the direction of traffic flow on the frontage road, from a line perpendicular to the right curb line of the frontage road drawn through the point of intersection of the right curb line of an off -ramp and the left curb line of the frontage road, and be located to minimize danger created • Minutes Regular Council Meeting May 15, 1974 Page 10 by the crossing, weaving, and merging of traffic." Motion carried unanimously. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE 1958, AS AMENDED, BY AMENDING SECTION 34-27 BY ADDING SUBSECTION (G), PROVIDING FOR LOCATION OF DRIVEWAYS TO MAXIMIZE SAFETY; REGULATING THE PLACEMENT OF DRIVEWAYS IN RELATION TO INTERSECTIONS; PROHIBITING THE PLACEMENT OF DRIVEWAYS WITHIN 150 FEET OF EXPRESSWAY OFF -RAMPS, ALL AS MORE FULLY SET OUT HEREIN; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed, as amended, to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12049 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-68 SO AS TO ESTABLISH MINIMUM SPEED LIMITS ON CERTAIN PORTIONS OF THE CROSS- TOWN INTERSTATE HIGHWAY 37; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUB- LICATION. The foregoing ordinance was read for the third timeandpassed finally by the following vote: Luby, Acuff, Branch Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12050 AMENDING ORDINANCE NO. 11476, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 16TH DAY OF MAY, 1973, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND AD- JUST TRE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS OF THE FOLLOWING STREET: Prescott Street, From The North Right - Of -Way Line of Gollihar Road To The South Property Line Of Lot 5, Block 14, Temple Addition AS HEREINAFTER PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12051 AUTHORIZING THE CITY MANAGER TO ACCEPT THE PROPOSAL OF INTERNATIONAL AERIAL MAPPING COMPANY TO PROVIDE AERIAL FLIGHT CONTROL SHEETS NECESSARY FOR A DESIGN STUDY FOR STREET IMPROVEMENTS ON PORT AVENUE FROM AGNES TO THE PORT-AYERS INTERSECTION AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $4,200 FOR THE AFORESAID SERVICES, APPLICABLE TO PROJECT NO. 220-72-16; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. • Minutes Regular Council Meeting May 15, 1974 Page 11 ORDINANCE NO. 12052 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH MRS. E. H. LEIGHTON FOR THE ACQUISITION OF PARCEL NO. 326, CORPUS CHRISTI BEACH PARK SITES PROJECT; APPROPRIATING $6,896.50 OUT OF NO. 124 GENERAL REVENUE SHARING FUND, OF WHICH AMOUNT $6,750 IS FOR PURCHASE AT THE APPROVED VALUE AND $146.50 IS FOR INCIDENTAL COSTS RELATED TO THE CLOSING OF THE PURCHASE OF THE AFORESAID PARCEL; AND DECLARING AND EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12053 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE YWCA FOR AN INTERVENTION CENTER SERVICE NOT TO EXCEED $9,000, ALL IN ACCORDANCE WITH THE ATTACHED CONTRACT MARKED EXHIBIT "A" AND MADE A PART HEREOF, THE SAME AS IF WRITTEN HEREIN; APPROPRIATING $9,000 FROM THE NO. 121 GENERAL REVENUE SHARING FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. ORDINANCE NO. 12054 APPROPRIATING $10,000 OUT OF NO. 230 BRIDGE BOND FUND FOR SETTLEMENT OF MATTERS IN CONTROVERSY IN CAUSE NO. 74814-C, STYLED G. W. HATCH, SR., ET UX V. CITY OF CORPUS CHRISTI IN CONNECTION WITH PROJECT NO. 230-55-22, TULE LAKE BRIDGE - LAND ACQUISITION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. RESOLUTION NO. 12055 PETITIONING THE LEGISLATURE OF THE STATE OF TEXAS, 64TH REGULAR SESSION, TO ES- TABLISH BY ITS ACT A STATE PUBLIC UTILITIES REGULATORY COMMISSION, AND PARTICULARLY ADDRESSING THE LEGISLATORS REPRESENTING THE CITY OF CORPUS CHRISTI, THE HONORABLE MIKE MCKINNON, DISTRICT 20, HONORABLE L. DEWITT HALE, DISTRICT 48, PLACE 1, HONORABLE JOE SALEM, REPRESENTATIVE, DISTRICT 48, PLACE 3, HONORABLE LEROY J. WIETING, RE- PRESENTATIVE, DISTRICT 41, AND HONORABLE CARLOS F. TRUAN, REPRESENTATIVE, DISTRICT 48, PLACE 2; SPECIFICALLY CALLING FOR AN ADEQUATE AND EXPERT COMMISSION STAFF AND SUFFICIENT FINANCING TO PERFORM ITS DUTIES IN AN OUTSTANDING MANNER; RECOMMENDING THAT THE ELECTRIC, TELEPHONE, TELEGRAPH, AND OIL AND GAS TRANSMISSION AND DIS- TRIBUTION UTILITIES BE MADE SUBJECT TO THE COMPLETE REGULATION OF SAID COMMISSION WITHIN THE BOUNDARIES OF THE STATE OF TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolutionwas passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. • Minutes Regular Council Meeting May 15, 1974 Page 12 RESOLUTION NO. 12056 RESOLUTION EXPRESSING SYMPATHY ON THE DEATH MAY 10, 1974, OF FORMER CITY MANAGER MR. RUSSELL E. MCCLURE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. RESOLUTION NO. 12057 RESOLUTION EXPRESSING SYMPATHY ON THE DEATH MAY 9, 1974, OF ROBERT H. FLATO, MEMBER OF A PIONEER FAMILY OF SOUTH TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be recessed in order to hold scheduled public hearings on six zoning cases. * * * * * Mayor Luby reconvened the Regular Meeting at 5:30 p.m. ORDINANCE NO. 12058 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 BEN MARKS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 10.2 ACRES OUT OF LOTS 3 AND 4, OSO FARM TRACTS,MORE FULLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Luby and Acuff, present and voting "Nay"; Ricardo Gonzalez absent. RESOLUTION NO. 12064 RESOLUTION EXPRESSING THE COUNCIL'S DETERMINATION TO PROCEED WITH ACTION TO LIMIT THE DEVELOPMENT OF THE AREA AROUND THE MUNICIPAL AIRPORT AND NAVAL AIRFIELDS WHICH WOULD BE INCOMPATIBLE WITH THE NAVAL AND CIVILIAN AIRCRAFT FLIGHT OPERATIONS. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Gabe Lozano, Sr. and Stark, present and voting "Aye"; Ricardo Gonzalez absent. City Manager Townsend gave a brief status report on the South Staples Street Paving Project, South Padre Island Drive to Saratoga. He explained that a recommendation Minutes Regular Council Meeting May 15, 1974 Page 13 for approval of the preliminary assessment roll for this project had been with- held because of the staff's concern of the problem of good faith in terms of the City's representation to the owners from which the property was acquired that assessments would be less because it was a joint City -State project. Mr. Townsend stated he would present a recommendation for next week's agenda. There being no further business to come before the Council, motion by Acuff, seconded by Stark and passed, that the Regular Meeting be adjourned at 5:30 p.m., May 15, 1974.