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HomeMy WebLinkAboutMinutes City Council - 10/30/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 30, 1974 2:00 p.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Hall. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City The Invocation was given by the Reverend Frederick G. Boden, Jr. of Our Saviour Spanish Lutheran Church. City Secretary BiII G. Read called the roll of those in attendance. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the absence of Commissioner Branch be excused for just cause. Motion by Acuff, seconded by Tom Gonzales and passed, that the Minutes of the Regular Council Meeting of October 16, 1974, be approved as presented to the Council. Mr. Williams C. Cunningham, chairman of the Traffic Safety Advisory Board, accompanied by.seven of the nine -member board, appeared for the purpose of making a report and appeal to the Council of the Board's recommendations and goals regarding traffic safety problems and its relation to alcohol and drunken drivers. Mr. Cunningham introduced Mr. Frank Peerman who made an appeal from a tragic personal experience for better traffic laws and control. Mr. P -e -man gave some statistics pointing out that so far this year, 14 of the 21 traffic fatalities had involved drunken drivers; that before his 16 year old son and his female companion had been killed in an accident involving an intoxicated driver, he had not been overly concerned but statistics suddently became very real. Mr. Peerman stated the driver was found guilty, sentenced five years in the penitentiary, the case is presently being appealed and for 26 months the defendant has been free on a small bond and permitted to drive. He stated this was to illus- trate flaws in the present system, and the Traffic Safety Advisory Board had undertaken to investi- gate some of these problems. He pointed out that drunken drivers are on the increase and particularly this time of year, that Policemen, traffic ordinances, bicycle paths, or friendly driving cannot protect the innocent, but ways must be found to prevent intoxicated persons from driving. He stated the law has been remiss in its goals but that we are all guilty; that officers mites Regular Council Meeting October 30, 1974 Page 2 are reluctant to file complaints when they know it will never come to trial; that the public should support the police in their efforts and demand that DWI cases be filed as such; that the news media should be encouraged to print names; there should be stiffer fines; cases should be set to be heard within a week or ten days following filing; and more enforcement personnel should be provided. He stated they are aware that the workload in the County Attomey's office is tremendous, and they support Judge Garza's position, but do not agree on too many second chance offenders. He appealed to the Council to lend its support as the governing body. Mr. Peerman displayed a slogan which read, "Support Drunk Drivers Behind Bars". Mrs. Elizabeth Hancock volunteered to do some research on alternative solutions For handling drunk driving cases by use of detoxification units. She cited other cities where this was handled very successfully. Mr. Torres, probation officer of Nueces County, stated they handle DWI cases, and there are many things that could be done if they had the personnel. He stated something should be done to get people out of bars before they become too intoxicated to drive. Mr. Peerman pointed out that many people leave respectable parties in no condition to drive and there are many areas on the south side where police action could be effective. Judge Margarito Garza spoke in defense of his court, stating it is impossible to handle some 5,000 cases in less than three years and assess each one a jail term unless more provisions are made. He stated he receives criticism from all sides, must justify his actions to the entire family of the accused and usually comes out the loser in the opinion of someone, if not all. He. stated he is willing to cooperate with the Traffic Safety Advisory Board but must have some guide— lines. He invited the Council to visit his courtroom any Thursday morning and get a first hand view of some of the problems. Mayor Luby commended Mr. Peerman for his presentation, and expressed appreciation to Mr. Cunningham and the Traffic Safety Advisory Board for their efforts for better traffic control. Mr. L. W. Hennings, Director of Inspections and Operations, and Mr. Raul Rodriguez, Administrative Assistant and Chairman of the United Fund Campaign of City Hall, were commended for having completed 118 % of their goal. They were presented a Certificate of Commendation by Mayor Pro Tem Acuff. Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre— sented recommendations with explanations and comments as follows: •inutes Regular Council Meeting October 30, 1974 Page 3 a. That bids be received at 11:00 a.m., Tuesday, November 19, 1974 for fencing and backstop materials for the Greenwood Softball Complex. The work is to be performed by the Park Division. b. That bids be received at 11:00 a.m., Tuesday, November 19, 1974 for an electric motor to operate a plug valve at the washwater pumps at the Stevens Filter Plant. c. That a contract be awarded to Duncan Industries, Elk Grove Village, Illinois, for 25 dual parking meters (50 spaces) on the basis of low bid. A price comparison reflects an increase of 8% over the last purchase. d. That the lease for the Neighborhood Improvement Office be renewed at 1020 and 1022 Leopard Streets. The lease is for one year beginning December 15, 1974 and at the same rate thatis currently being paid - $260 per month. There is approximately 2500 sq. ft. of space in the building. e. That the tax assessment and collection contracts with Del Mar Junior College. District and the Corpus Christi Independent School District be renewed for three years beginning December 1, 1974. f. That the contract for maintenance and operation of the Tilden crossing streamflow gaging station on the Nueces River west of Three Rivers with the Texas Water Development Board and the United States Geological Survey be renewed. The station provides information needed to estimate flows coming into Lake Corpus Christi. The City cost from September 1, 1974 through August 31, 1975, is $1,140. The State share is $250 and the Federal share is $1,390. g. Thot the following Minute Orders of the Texas Highway Commission be adopted: (1) Minute Order 69390 - Waldron Road Street Improvements from Purdue to Caribbean Drive. (2) Minute Order 69391 - McArdle Road Street Improvements from Janet to Vance Streets. (3) Minute Order 69392 - Airline Road from Padre Island Drive to Holly Road. Each project is part of the Urban Systems Program to be constructed with federal participation by the State Highway Department and the City. Improvements will include drain- age, pavement, curbs, gutters and sidewalks. It is further recommended that Minute Order 69392 (Airline Road) be approved in two phases from Padre Island Drive to Williams and From Williams to Holly. All three projects are scheduled for construction during 1975. h. That Parcels 83 and 84 for the Bayfront Science Park be acquired from Mr. Sam • Minutes • Regular Council Meeting October 30, 1974 Page 4 Bassous for $24,200.00. These parcels are located in Block 62 at 1521 and 1525 Water Street between Resaca and Fitzgerald Streets. This is $2,000 above the original appraised value and is based on an updated appraisal by Mr. Harold Carr. Sufficient appropriations are already available to acquire the parcels. i. That condemnation proceedings be filed for the acquisition of Parcels No. 42 through 45, Block 81, Bayfront Science Park Expansion Project. These parcels are owned by the Guaranty National Bank, Trustee. Negotiations for the acquistion of these parcels at approved values have been unsuccessful. j. `That condemnation proceedings be filed for the acquistion of Parcels No. 7 through 14, Block 91, Bayfront Science Park Expansion Project. Parcels No. 7 and 14 are owned Guaranty National Bank, Trustee; Parcels No. 9 through 13 are owned by the by the/G. E. Gibbons Estate and Parcel No. 8 is owned by the Gulf Coast Trust Company. Acquisition at the approved values through negotiations with Shoreline Brewster Company as representative of all parties have been unsuccessful. k. (This item was withdrawn) (Dr. Hubler's property in Open Space Project) I. That an agreement be authorized with the owners of Country Club Townhouses under which the City's rights will be protected because of the encroachment by a swimming pool, porch and several townhouses on two 10' utility easements in Country Club Estates. A 12" sanitary sewer line runs under one of the encroaching townhouses and porch. When one of the earlier units of Country Club Estates was developed, a 10' utility easement was dedicated by separate instrument so that lots along Boca Raton Drive could be served by running a 12" line from Everhart Road to the lots. When the area through which the line passes was later platted, an erroneous easement was recorded on the plat for the 12" line. Under the agreement, the City will receive an 18.5 foot utility easement and allow the encroachments to remain. The owners will recognize the City's right to use, operate and maintain the easement and hold the City harmless for any c=laims arising out of such use. m. That the preliminary design drawings for the Corpus Christi Community Auditorium be approved and the architects be authorized to proceed with the preparation of detail construc- tion drawings for bid purposes. The auditorium will have a capacity of 2,500 seats and various alternates will be provided in the bidding to enable the City to construct the auditorium within the money approved by the 1972 bond election. n. That plans and specifications for two Senior Citizens Buildings and Lindale Park • Minutes Regular Council Meeting October 30, 1974 Page 5 Improvements be approved and bids be received on November 27, 1974. One building is pro- posed in Lindale Park and the second at the intersection of Greenwood Drive and Horne Road. The buildings contain 11,500 square feet each, including the interior courtyard. The additional work proposed in Lindale Park consists of access roads, sidewalks, parking Tots, and the relocatii of the existing softball field and related facilities. Because of the uncertainty of construction costs, a number of additive and deductive alternates have been provided including quarry tile for the sidewalk around the courtyard, the deletion of wooden cabinets and the furnishing of used stainless steel cabinets, the deletion of some residential kitchen equipment and the furnishing of commercial equipment, solar grey gloss in lieu of clear glass, a post -tension slab in lieu of pour -in-place, and asphalt shingle roof in lieu of concrete tile. Relative to Items "h", "i", and "j", for acquisition of Bayfront Science Park land, Mayor Luby questioned City Manager Townsend regarding exact location of the proposed auditoria how long he had known of the location of the building; where the balance of the money would cope from to complete the project; are there sufficient funds now available to acquire the land; whether the 4.9 million would build as much auditorium as it would have in 1972; what the total package is to be; questioned a sentence in the 1974-75 budget which states: "further expenditures for land acquisition costs and for planning and construction will be provided by the auditorium bond fund and existing appropriation from revenue sharing". He told the Council he felt the entire project should be brought back to the voters in the form of an election for approval or disapproval. City Manager Townsend responded to Mayor Luby's questions, stating the project can be built with money available to the full 2,500 -seat capacity; that there were no specific plans submitted to the voters; that obviously less can be built than could have been two years ago, due to the rapid rate of increase in inflation since the bond election, but the basic concept can be built now and certain additions can be made later. He stated that the bond issue was presented to the voters as c five-year program with some projects delayed longer than others. Mr. Townsend stated the sentence in the budget was badly constructed and could easily be misread, and the reference to bond funds applies only to planning and construction of the auditorium. Commissioner Ricardo Gonzalez requested that Mayor Luby direct his questions to members of the Council instead of the City Manager since matters such as calling an election would be their decision as elected officials. Relative to Item "k" regarding the request of Dr. W. R. Hubler that a tract of land be 411 Minutes Regular Council Meeting October 30, 1974 Page 6 returned to him in exchange for $36,475, City Manager Townsend explained that Dr. Hubler's attorney had requested that this item be postponed until next week. Mr. David M. Wilson, local architect and Mr. John Powell of Houston, presented preliminary design drawings for the Corpus Christi Community Auditorium. Mr. Powell described the overall concept, functions and relative costs. He explained that it would be compatible with the overall plans for the Bayfront Science Park; will coordinate with the Corpus Christi Art Museum and the Corpus Christi Little Theater; that the design will capture the best view of the water; will have the best acoustics possible with no compromise of acoustics and compromises and reductions will be made in the areasof finishes and purchasing certain equipment for the purposes of staying within the allotted budget. Mr. Lannis Kirkland, member of the architectural firm, made a detailed slide presenta- tion of the specific design of floor pattern, seating arrangement, views, dressing rooms, stage setting, etc. He explained that they have designed the building fullyrecognizing the problems resulting from inflation and have various alternate plans for necessary modifications to fit the budget; that they feel it will be a first class auditorium, will be an enhancement to the shoreline and park, one the public will be proud of, and also feel the time h urgent economy wise and the project should not be delayed. Mr. Michael Williams attorney and professor at Del Mar College, stated he represented a small group of toxpayers who are alarmed about the expenditure of bond fund money for construc- tion of the auditorium and acquisition of land. He challenged the staff's and Council's truthfulness when they say bond fund money is not being used for acquisition of land; charged that the appraised values are in excess of money available; that any use of auditorium bond fund money for land acquisition would be a wrongful transfer of funds, and any official involved in such action would be subject to being removed from office for malfeasance. Mr. Williams presented each member of the Council with a copy of a letter of his urgent request that the Council reconsider any further action authorizing auditorium bond fund money to acquire Bayfront Science Park land. City Manager Townsend expressed irritation and impatience at constantly hearing these allegations which are not based on facts. He pointed out that even though it would be perfectly legal in his opinion, no member of the staff had once suggested using bond fund money for purchase of land at any time. He pointed out that by unanimous action of the Council, it had been deter- mined that revenue sharing money would be used for acquisition of the auditorium site. • Minutes Regular Council Meeting October 30, 1974 Page 7 Mr. W.L.D. Winship, trustee of Bayfront Park Science land, and Mr. Harvie Branscomb, owner of a portion of Block 91 and 81, requested that the Council delay action to condemn Bayfront Science Park land, stating they were not opposed to the Convention Center or the Auditorium, but alleged that the staff had not made a serious effort to negotiate with the owners, and felt they were not being offered a fair price for the land. Mr. Winship took issue with Mr. Townsend's statement that negotiations can be made after the action to take by eminent domain. He stated they are willing to accept less money than they would receive if the matter is allowed to go through the court procedure; that the court process would be a waste of the taxpayers' and the property owners' time and money. Mr. Branscomb stated they had not had sufficient opportunity to negotiate with the City, and no definite offer was made by the City until this recent offer made some time in October of this year. City Manager Townsend explained that there had been numerous negotiations and appraisals; that the staff is constantly in the process of updating the appraisals; that the City is willing to further negotiate, but at the present time, the owners and the staff are far apart on what are fair values. Mr. Townsend stated it is recommended that the Council vote on the first reading of the ordinances approving the condemnation and the new appraisals would be completed and given the owners before the matter is submitted for third and final reading. He pointed out that further negotiations can be entered into even into the courtroom. Mrs. Helen Hogan spoke in opposition to the acquisition of land for the auditorium and suggested that the issue 6e submitted to the taxpaying voters of the City; stated she personally did not think the City needed a convention center or an auditorium, and the citizens cannot stand the added taxes. Motion by Ricardo Gonzalez, seconded by Acuff and passed, Mayor Luby voting "Nay" on Items "h", "i", "j", and "m", that the City Manager's Reports, Items "a" through "m" be accepted (Item "k" withdrawn), and the requests and recommendations be granted, approved, and adopted, as presented by City Manager Townsend. City Manager Townsend presented the pending item for closing Tweet Street between Cosner and Kostoryz. He explained that a public hearing was held on this matter on August 21, 1974 and the closing was approved subject to the retention of utility easements as needed and the provision of access to Lot 19, Boulevard Place. He explained that the owners of Lot 2A have executed a private easement of ingress and egress providing access to Kostoryz Road for Lot 19 • Minutes Regular Council Meeting October 30, 1974 Page 8 but such an easement is not public access to an existing public street as the platting ordinance requires; that all necessary easements have been retained, and the applicant requests that the private easement be accepted in lieu of public access. Mr. Tim Clower spoke on behalf of the property owners, and commented if they are required to give public access there would be no need to close the street. He stated the intention was to replat; that Tweet Street only exists on paper and its being there in the first place is question— able. He explained that they have signed all the necessary papers but it remains to be determined whether or not it will be a private or public access. Mayor Luby challenged the authority of the City Council to authorize the closing of public streets. He stated the law requires a public vote on street closings and cited reference with his interpretation. City Attorney Riggs cited statutes whereby qualifiedvoters of the City may delegate the power of closing to the City governing body by its ordinance and that the power to close public streets was given to the Council by public vote in 1939 as Article IX, Sec. 6(a), City Charter. Motion by Ricardo Gonzalez, seconded by Lozano and passed, with Luby and Acuff abstaining, that Tweet Street, extending from Kostoryz to Cosner Lane between Padre Island Drive and Heritage Lane, be closed, subject to the retention of utility easements, granting private access to Kostoryz Road, and an ordinance be brought forward effectuating the closing. City Manager Townsend discussed proposed sites for location of the Satellite Health Clinic (Items "o" and "p"), stating that negotiations for acquisition of the site at NAS Drive, Waldron Road and Lckeside was in process, based on previous preliminary discussions. But in accordance with the Council's desire for further investigation, the staff had made contacts and at least three alternate sites had been discussed, the third one being near the H.E. Butt Grocery Store. He stated an attempt had been made without success, to contact the Superintendent of the Flour Bluff School regarding that site, and there is no reason not to defer further action until that contact can be made. Mr. J. R. Busby, 10545 South Padre Island Drive, spoke on behalf of the Flour Bluff Civic League and stated they definitely want the clinic in this area but had not been aware that the School land was under consideration until he read it in the newspaper. He stated the Flour Bluff Civic League feelsthis is not the proper place for the clinic but should be located further down Waldron Road. He requested that this matter be tabled until after the Civic League meeting •inutes Regular Council Meeting October 30, 1974 Page 9 next week. He invited members of the Council to attend this meeting and participate in the discussions. It was suggested that the Flour Bluff School District donate the land for the clinic because of the economy to the City and convenience to the school. Mr. Townsend stated there is no particular urgency other than to get the project moving and possibly Mr. Lontos and Dr. Metzger would be able to meet with the Civic League next week. It was agreed that the foregoing matter be tabled pending a report from the meeting with the Flour Bluff Civic League. Dr. Metzger pointed out that he preferred the School site at Purdue and Waldron Road since there will not be a tremendous amount of growth in the NAS District. He pointed out that this site would be more convenient and could be correlated with. the School health programs. Mr. Busby agreed to arrange the meeting with the Flour Bluff Civic League and advise Mr. Townsend of the time and place. Dr. Howard Tirschwell, owner of property located on Everhart Road on the east side of South Padre Island Drive, appeared and appealed to the Council to require the Director of Engineering and Physical Development to sign a plat which had been approved by the Planning Commission. The property was purchased from Exxon Corporation which retained the service station on the site and the plat had been refused on the basis that under the state platting law and the platting ordinance, the entire section of Exxon property had to be platted prior to the sale of any part of it. Mr. Tirschwell stated at the Planning Commission meeting the City Attorney was present and had raised no objections. He stated it was his understanding that the Planning Commis- sion has the final authority on plats, they heard all the evidence and had approved this plat unanimously. He explained that Exxon Corporation had refused to plat the property prior to the sale and the buyers thought they could replat only the purchased portion of the property. City Manager Townsend explained the reasons for platting property; that designation must be made of roads, easements and utilities. He explained that a sewer line problem has been created because the entire Exxon property was not platted, and it is his belief that the sale by Exxon is clearly illegal. He stated he finds no basis to instruct Mr. Lontos to release the plat which he believes to be illegal, but would request an opinion from the City Attorney. Mr. Townsend advised Dr. Tirschwell to submit a letter which would be in the nature of an appeal or grievance, and the matter would be placed on next week's agenda for consideration and action by the Council. City Manager Townsend presented the pending item of the plat appeal of Mr. Sam Perkins of "no action" by the Planning Commission involving Carrollton Annex 3, Blocks A & B, inutes Regular Council Meeting October 30, 1974 Page 10 at their regular meeting of October 22, at which time approval was requested on the basis of a hardship from the requirement that stub streets be continued into the area being platted. He explained that the applicant is requesting that he not be required to continue Kay and Crane Streets across the property but that he be allowed access to Crane Street. Mr. Charles Bellah, architect for the six unit HUD project at this location, spoke on behalf of the applicant and stated they were appealing the requirement to continue Kay and Crane Streets across the property because, with the setbacks required by HUD, this would reduce the size of the property to be developed in an amount to make the development economically unfeasible, they cannot obtain financing, and this is the basis for the hardship they are appealing. Mr. Ernest Briones, Director of Planning and Urban Development, summarized and defended the action of the Planning Commission stating a majority of the Commission did not see sufficient evidence to resolve such designation as a hardship. Mr. Bellah pointed out on a map the applicant's provision for pedestrian access and explained that the development would be similar to an apartment complex and that fire and ambulance service would not be impaired. Mrs. Pat Duaine urged favorable Council action, stating that this development has been held up for over a year and that this delay in itself has created a hardship. No one appeared in opposition to the foregoing appeal. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Lozano, seconded by Acuff and passed, that the appeal of Mr. Sam Perkins of the "no action" by the Planning Commission on consideration of the plat submitted October 22, being Carrollton Annex. 3, Blocks A & B (Preliminary -4.16 Acres), be approved with waiver of the requirement that Kay and Crane Streets be extended across the property being platted, on the basis of a hardship unique to the property. City Manager Townsend presented the pending matter of the zoning application of Mr. Rufus Tucker for change of zoning from "8-5" to "I-3" on property located at 2910 Leopard Street. He explained that the request was tabled following the Council hearing on October 9, 1974 and a motion passed by a 4 to 3 vote approving a Special Council Permit as recommended by the Planning Commission for a wholesale -retail poultry processing plant, that the ordinance granting this Special Permit was tabled pending a closer look and staff study of similar modern plants, and because of opposition from surrounding property owners, the 20% rule is in effect. •Minutes Regular Council Meeting October 30, 1974 Page 11 Dr. W. R. Metzger reported that the staff study had revealed many problems with such plants ranging from feathers and flies to disposal of wastes. He showed colored pictures of a similar plant in Houston which revealed unsanitary and unsightly conditions on the premises. He stated it was his conclusion that the chances of a successful operation of this kind within the City limits at the proposed location would be extremely remote. He stated the Broadway Sewer Plant receives wastes from the Leopard Street area, would be overloaded by this operation, and it would be his recommendation that the proposed operation be located on the outskirts of the City where there would be adequate sewer facilities and in a Tess congested area. He pointed out that the subject property is surrounded by a Targe apartment complex, the U.S. Post Office , the School and Buccaneer Stadium, none of which would be compatible with the proposed chicken processing plant. Mr. Brodie Allen, Director of Industrial Development, stated he had discussed with Mr. Tucker other potential locations and offered to assist him in any way possible to find a suit- able place to locate this plant, and the applicant's response was that this is the only place in the area that he is aware of that would meet the basic requirements, alternations would hove to be made in the plans, and the project would be delayed. Mr. Allen stated the applicant is still pushing for this location and hopes the Council will give favorable action. Mr. Alien further stated that in discussions with the top officials of the Houston Plant which employs some 200 persons at maximum production, it was revealed that it is doubtful if the subject plant, as pre- sented to the Council, could possibly employ more than 70 or 80 persons. City Manager Townsend stated this pending kern would be placed on next week's agenda for action. Mr. Dave Coover, realtor, spoke relative to the ordinance appearing on the agenda for second reading establishing the "RE" Residential Estate District to the list of zoning districts. He stated he had no objection to property owners applying for this "RE" zoning but if it is intended to be used as a vehicle by the City to control density in and around airfields as has been previously discussed, it will create the same issue that he has publicly opposed the past several months. He stated that with the size of the lots being required, it will require subdividers to spend some three times the amount of money in streets and utilities and would not be within the economy realm. He stated the one -acre lot subdivisions have been extremely unsuccessful and cited the Gardendale area as an example. He stated it is inconceivable to think there would be individual buyers for each of the 280 acres of his clients' land who would want to build homes and maintain one acre Tots. linutes Regulor Council Meeting October 30, 1974 Page 12 • Mr. Coover also stated he favored the location of the proposed Satellite Health Clinic on the Flour Bluff School property on the basis of the saving to the taxpayers, and also, that it is where the population is concentrated. Mr. Coover was invited to attend the meeting with the Flour Bluff Civic League next week and make this same. appeal. City Manager Townsend stated that the items of the City Manager's Reports and recom- mendations listed as "o" (acquisition of land from Mr. and Mrs. Lawrence C. French for the Satellite Health Clinic), Item "p" (discussion of site for the Flour Bluff Satellite Clinic), and Item "q" (Rufus Tucker zoning), be withdrawn. He presented the following recommendation as Item "r": r. That a public hearing be held on November 6, 1974 at 2:00 p.m., during the Regular Council Meeting on the appeal of Mormac Oil & Gas Company from the denial of a permit by the Petroleum Superintendent in accordance with Section 4.3 of the Land Drilling Ordinance. The well is proposed to be drilled a total depth of 7,300 feet as a straight hole in Drilling Block 1185 out of Parcel 8 of the Partition of the Weil Lands, generally located at the intersection of Corn Products Road and Hopkins Road. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the foregoing recom- mendation be approved as presented by City Manager Townsend. FIRST READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CIT- ING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS 42 THROUGH 45, BLOCK 81, BAY- FRONT SCIENCE PARK EXPANSION, APPLICABLE TO THE NO. 122 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATI"N PROCEEDINGS AGAINST THE OWNERS, GUARANTY NATIONAL BANK, TRUSTEE, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby, present and voting "Nay"; Branch absent. FIRST READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CIT- ING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS 7 THROUGH 14, BLOCK 91, BAY- FRONT SCIENCE PARK AREA EXPANSION, APPLICABLE TO THE NO. 123 GENERAL REVENUE SHARING FUND, ACTIVITY 4181, CODE 501; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, SHORELINE BREWSTER COMPANY, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby, present and voting "Nay"; Branch absent. Minutes Regular Council Meeting October 30, 1974 Page 13 • SECOND READING OF AN ORDINANCE AMENDING CHAPTER 19D OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED: CHANGING THE TITLE TO BE "AMBULANCE SERVICE"; DEFINING TERMS; MAKING IT UNLAWFUL TO ENGAGE IN THE BUSINESS OF PROVIDING AMBULANCE SERVICE WITHOUT AN AMBULANCE OPERATOR PERMIT; ESTABLISHING CERTAIN REQUIREMENTS FOR AMBULANCES AND EQUIPMENT; REQUIRING LIABILITY INSURANCE; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE OPERATOR PERMIT; MAKING IT UN- LAWFUL TO OPERATE AN AMBULANCE ON THE PUBLIC STREETS EXCEPT BY AN ATTENDANT AND A DRIVER WITH PERMITS; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE DRIVER PERMIT; PROVIDING FOR THE ISSUANCE OF AN AMBULANCE ATTENDANT PERMIT; GRANT- ING THE PERMIT OFFICER POWER TO MAKE INVESTIGATIONS AND INSPECTIONS; PROVID- ING FOR THE PROMULGATION OF REGULATIONS; PROVIDING FOR THE SUSPENSION OR REVOCATION OF PERMITS UNDER CERTAIN CONDITIONS; PROVIDING FOR APPEAL FROM THE DENIAL, SUSPENSION, OR REVOCATION OF A PERMIT; PROVIDING FOR THE DISPATCH- ING OF AMBULANCES BY THE POLICE OR FIRE DISPATCHER UNDER CERTAIN CONDITIONS; MAKING IT UNLAWFUL TO USE EMERGENCY LIGHTS OR SIREN WITHOUT CLEARANCE FROM POLICE OR FIRE DISPATCHER; MAKING IT UNLAWFUL FOR AN AMBULANCE ATTENDANT OR DRIVER TO REFUSE ASSISTANCE OR TRANSPORTATION AT THE SCENE OF AN EMERGENCY, WITH CERTAIN EXCEPTIONS; REQUIRING REPORTS FROM ATTENDANTS ON EMERGENCY RUNS; PROVIDING FOR THE MANAGEMENT AT THE SCENE OF AN EMERGENCY; PROVIDING FOR EXCEPTIONS TO THIS ORDINANCE; MAKING IT UNLAWFUL TO REQUEST AMBULANCE SERVICE KNOWING THAT SUCH SERVICE IS NOT NEEDED; MAKING IT UNLAWFUL TO UTILIZE AND ACCEPT AMBULANCE SERVICE WITHOUT PAYING A REASONABLE FEE THEREFOR; PROVIDING FOR PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. SECOND READING OF AN ORDINANCE 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 ORDI- NANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 4, SECTION 4-1,SO AS TOINCLUDf THE "RE" RESIDENTIAL ESTATE DISTRICT TO THE LIST OF ZONING DISTRICTS, THEREBY INCREASING THE NUMBER OF ZON- ING DISTRICTS FROM 19 TO 20; ADDING A NEW ARTICLE, TO BE NUMBERED 4B, "RE" RESI- DENTIAL EST'''E DISTRICT, TO PROVIDE FOR ONE -ACRE RESIDENTIAL DISTRICT; AND AMEND- ING ARTICLE 24, dEIGHT, AREA AND BULK REQUIREMENTS, TO INCLUDE HEIGHT, AREA AND BULK REQUIREMENTS FOR THE "RE" RESIDENTIAL ESTATE DISTRICT; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following,vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12342 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED BY ORDINANCE NO. 10594, A COPY OF WHICH EXTENSION AGREEMENT AND AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Oinutes Regular Council Meeting October 30, 1974 Page 14 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12343 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID INDEPENDENT SCHOOL DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5582, AND AS LAST EXTENDED BY ORDINANCE NO. 10595, A COPY OF WHICH EXTENSION AND AMENDMENT AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12344 AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $1,140, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12345 AUTHORIZING ANE DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE OWNERS OF COUNTRY CLUB TOWNSHOUSES; WHICH AGREEMENT IS ATTACHED HERETO AS EXHIBIT "1" AND MADE A PART HEREOF THE SAME AS IF WRITTEN HEREIN; AND ACCEPT- ING FOR DEDICATION A PUBLIC UTILITY EASEMENT AS DESCRIBED IN THE ATTACHED EXHIBIT "1"; ABANDONING THE EASEMENT DEDICATED BY PLAT OF LOT 19, BLOCK 40, COUNTRY CLUB ESTATES UNIT 9A RECORDED IN VOL. 38, PAGES 6 AND 7, NUECES COUNTY MAP RECORDS; RECOGNIZING THE ENCROACHMENT DESCRIBED IN THE. ATTACHED EXHIBIT "1"; ACCEPTING A HOLD HARMLESS FROM THE OWNERS OF SAID ENCROACHMENTS; COVENANTING NOT TO REMOVE SAID ENCROACHMENTS; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was, passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stork, present and voting "Aye"; Branch absent. RESOLUTION NO. 12346 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 69390, DATED OCTOBER 1, 1974, PERTAINING TO THE JOINT CONSTRUCTION OF WALDRON ROAD FROM PURDUE STREET TO Minutes • Regular Council Meeting October 30, 1974 Page 15 • CARIBBEAN DRIVE BY THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT, WHICH ROADWAY IS TO BE DESIGNATED A PART OF THE URBAN SYSTEMS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. RESOLUTION NO. 12347 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 69391, DATED OCTOBER 1, 1974, PERTAINING TO THE JOINT CONSTRUCTION OF MC ARDLE ROAD FROM JANET STREET TO VANCE STREET BY THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT, WHICH ROADWAY IS TO BE DESIGNATED A PART OF THE URBAN SYSTEMS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. RESOLUTION NO. 12348 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 69392, DATED OCTOBER 1, 1974, PERTAINING TO THE JOINT CONSTRUCTION OF AIRLINE ROAD FROM PADRE ISLAND DRIVE TO HOLLY ROAD BY THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPART- MENT, WHICH ROADWAY IS TO BE DESIGNATED A PART OF THE URBAN SYSTEMS PROGRAM; FURTHER ADOPTING A PROJECT SCHEDULE TO PROVIDE FOR CONSTRUCTION IN TWO PHASES, THE FIRST OF WHICH WILL INCLUDE AIRLINE ROAD FROM PADRE ISLAND DRIVE TO WILLIAMS DRIVE; THE SECOND OF WHICH SHALL INCLUDE AIRLINE ROAD FROM WILLIAMS DRIVE TO HOLLY ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. ORDINANCE NO. 12349 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH SIMON GROSSMAN AND ED GROSSMAN ESTATE FOR THE LEASING OF A BUILDING FOR A TERM OF ONE YEAR FOR USE AS OFFICE SPACE BY THE CITY OF CORPUS CHRISTI, SAID BUILDING BEING LOCATED AT 1020 AND 1022 LEOPARD STREET, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HERE- OF, MARKED EXHIBIT "A", AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Branch absent. City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed. • Minutes Regular Council Meeting October 30, 1974 Page 16 • There being no further business to come before the Council, motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Regular Council meeting be adjourned at 6:25 p.m., October 30, 1974. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of October 2, 1974 to October 30, 1974, inclusive, and having been previously approved by Council action, are by me hereby approved. UBY, May ity of Corpus Christi, Texas