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HomeMy WebLinkAboutMinutes City Council - 12/11/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING December 11, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Ha d T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. 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 Commissioner Harold T. Branch in the absence of the invited guest chaplain. City Secretary Bill Read called the roll of those in attendance. Motion by Lozano, seconded by Tom Gonzales and passed, that the absence of Commissioner Stark be excused for just cause. Motion by Acuff, seconded by Branch and passed, that the Minutes of the Regular Council Meetings of November 13 and November 20, 1974, be approved as presented to the Counci I . Mayor Luby presented Commendation Plaque to Police Reserve Inspector Mr. Robert Collins in recognition of his service in the Police Reserves. Mr. Collins joined the Police Reserves in 1954 and has submitted his resignation after 20 years of service. Police Chief Avant participated in this recognition. Mayor Luby called for the City Manager's Reports, and City Manager Townsend pre- sented recommendations with explanations and comments as follows:. a. That bids be received at 11:00 a.m., Tuesday, December 31, 1974 for the demoli- tion of two structures at 611 and 613 North Chaparral. These two buildings have been in a state of disrepair and vacant for several years. The buildings have been the subject of much criticism from downtown businessmen because of their potential fire hazard, appearance and vandalism. Authorization to receive bids on December 18 was given at the November 27 Council meeting; however, the required advertisements were not published in time to receive bids on the 18th. b. That bids be received at 11:00 a.m., Tuesday, January 7, 1975, for 110 motor vehicles for various divisions of the City and four additional vehicles for the Corpus Christi Independent School District (two) Port Aransas and Rockport. Ninety-seven are replacement and •nuites Regular Council Meeting December 11, 1974 Page 2 thirteen are additional including sevt n for the Police Department, one for Community Enrichment, two for Health and Welfare, and three for Park and Recreation. Thirty two have been reduced in size from a standard to an intermediate in the Police, Fire, Community Enrichment, and City Manager Departments to reduce initial cost and gasoline consumption. c. That authority be granted to receive bids January 15, 1975 for the lease of minerals underlying a 65.5 acre tract of land owned by the City adjacent to Lake Corpus Christi. Two individuals have expressed an interest inleasing the minerals to re-enter an existing plugged and abandoned well. The proposed lease would provide that: (1) The City would have the option to acquire the gas at market value not to exceed $1.50 per MCF (2) The minimum period be 90 days with a bonus of at least $12.50 per acre or $50 per acre per year (3) Any surface use receive the apprcval of the Lower Nueces River Water Supply District (4) All City land drilling ordinance requirements would apply (5) Unitization of any portion will only hold the portion so unitized beyond the primary lease. d. That a contract be awarded to Schafer Valve Company, Houston, for an electric motor to operate a plug valve in the washwater system at the Stevens Filter Plant on the basis of low bid of $1,798. Bids were received from five firms. (Bid Tab #67-74) e. That a contract be awarded to Commercial Body Corporation, San Antonio, to furnish and install a utility body on a 20,000 Ib. GVW cab and chassis for the Traffic Engineering Department and to transfer an aerial ladder to the new truck on the basis of low bid meeting specifications of $3,356. The apparent low bid submitted by Utility Equipment Company of Oklahoma City of $3,144.67 did not meet specifications because it did not include special rust protective coating and the body dimensions were smaller +han requested. Only two bids were received. (Bid Tab #6b-74) f. That a contract be awarded to Smith Industries, Inc., Houston, for one 1500 barrel (approximately 63,350 gallon) steel storage tank for the Cunningham Filter Plant to replace the washwater tower on the basis of best bid of $8,799.00. Bids were received from 3 firms. The low bid of $7,912 submitted by CE NATCO is not recommended since the price is subject to escalation and the delivery is 18 months. Smith Industries bid a firm price with a 2 week delivery. (Bid Tab #69-74) • Minutes Regular Council Meeting December 11, 1974 Page 3 g. That plans and specifications for a Satellite Health Clinic on Williams Drive near Gulfway-Airline Park be approved and bids be received on January 3, 1975. The proposed building contains approximately 2,130 square feet and 18 parking spaces and is designed to provide services such as immunization, family planning, well child and maternity clinics, tuber- culosis control and other community health services. Additive alternates include landscaping and construction of a standard screening fence. These alternates must be bid by the contractor. h. That the plans and specifications for strengthening the commercial concrete opro: at Corpus Christi International Airport be approved and bids be received January 8, 1975. Plans include sealing joints, repairing small concrete areas, pumping grout under slabs to fill voids and elevating certain slabs to original grade. Possible replacement of slabs which cannot be elevated is also provided. i. That a contract be awarded to Asphalt Paving & Construction Company, Inc. for construction of Mayfield Drive-Starlite Lane Area Storm Sewer Laterals and $82,000.00 be appropriated, including $75,464.10 for the construction contract and $6, 535.90 for related expenses. This 1972 Bond Election project includes a storm sewer in Mayfield Drive from Starlite Lane toward Violet Road and in Starlite Lane from Mayfield Drive toward Highway 9. j. That Ordinances No. 12170 and 12171, which authorized the sale of 210' x 25' City tract between Carroll Lane and Kay Street to Mr. Sam Perkins and closed a 25' unimproved strip dedicated by a prior plat for the extension of Kay Street, be amended to reduce the 25' pedestrian access easement from Carroll Lane to Kay Street to 10' with the provision that no walls, fences or hedges will be allowed within 12-1/2' of the centerline of the easement, and the owner will be required to maintain the easement and construct a 4' concrete sidewalk in the easement. k. That authority be granted to submit a notice of intent to the Departmemt of Labor indicating the City's support of the continuation of the Coastal Bend Manpower Consortium as the prime sponsor and the City of Corpus Christi as the administrative unit for State Planning Region 20, covering Nueces, San Patricio, Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullin and Refugio Counties. I. That the appointment of William Messer as Wastewater General Superintendent be confirmed. Mr. Messer has been employed as Production and Supply Superintendent (Assistant Superintendent) for six years. He holds a degree in Business Administration and a grade "A" certificate in water and wastewater treatment issued by the Texas State Health Department. • • Minutes Regular Council Meeting December 11, 1974 Page 4 Motion by Acuff, se..onded by Branch and passed, that the City Manager's Reports, Items "a" through "1" be accepted, and the requests and recommendations be granted, approved and adopted, as presented by City Manager Townsend. Mayor Luby presented the request of Mr. Harold Alberts for consideration of an ordinance amending the building, electrical and plumbing codes so as to permit certain construction, alterations and installations for industrial use without the necessity of a permit or inspection by the City. Mr. Alberts, representing the Sam Kane Wholesale Meat, Inc., appeared ar explained that some twelve years ago before the west part of town was annexed, the question arose as to whether the Sam Kane Plant should be annexed; that a special ordinance was promised exempting the Company from the provisions of the Building Code so they would not be hampered by frequent City inspectors, and on that basis they did not oppose annexation. He stated this exemption ordinance was passed as Ordinance No. 6614, and it had come to their attention several months later that it was drafted primarily with reference to the Celanese Plant and had ignored the special problems of the Sam Kane Plant. He stated they are the largest plant in this area required to comply with the miscellaneous provisions of having inspectors supervise their operations. He requested that Ordinance No. 6614 be amended to follow through on the original intent and promise of the City, and in order to qualify under the exclusionary provisions, suggested that an industry (1) occupy more than 20 acres, (2) employ more than 300 people, and (3) have premises inaccessible to the general public. Mr. Alberts pointed out that the narrow requirement of having to employ a registered (for instance a petroleum) engineer is wholly illogical since the registered professional engineer may have absolutely no competence or experience in the field applicable. He urged the Council to adopt the proposed amendments immediately since the matter has hampered their operations for twelve years, u:.d they currently have some construc- tion under way and need to continue with normal operations without constant arassment. Mr. Alberts presented the proposed ordinance for the Council's consideration which he stated he had drafted. City Manager Townsend stated the staff is not in agreement with Mr. Albert's request and pointed out that one paragraph had been omitted entirely from the ordinance proposed to be amended. He stated there is concern as to the kind of • • Minutes Regular Council Meeting December 11, 1974 Page 5 inspection, and the staff is not prepared to make a recommendation at this time since details have not been worked out to the satisfacti^i of the staff. Mr. Alberts explained that the paragraph referred to by Mr. Townsend had been inten- tionally left out because it was meaningless and did not apply to the Sam Kane Plant. He explained in detail and emphasized the inspections routinely made by the Department of Agriculture which inspections he stated are as restrictive as those imposed by the Navy. He stated the buildings and construction are also inspected and are shut down if sanitary conditions or other violations are not complied with. Mayor Luby explained that he had not proposed the ordinance but made the request that it be placed on today's agenda because he felt it deserved considera- tion without further delay. City Manager Townsend explained that the matter had not been delayed but the staff's reluctance to comply with the request had been interpreted as a delay, and Mr. Alberts is asking the Council to change the staff's "no" answer. Mayor Pro Tem Acuff suggested that the wording be changed in the proposed ordinance to eliminate all reference to "resident" engineer or architect, and to recognize supervision of licensed engineers or architects to certify that the work is being done properly. Mr. Alberts stated this change would be satisfactory, and City Manager Townsend stated the staff would have no objections. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that an ordinance be prepared amending Ordinance No. 6614, to the effect that all reference to "resident" engineer or architect be eliminated and to recognize supervision of licensed engineers or architects. City Manager Townsend presented the pending item of Mr. Tomas T. Gonzales, for change of zoning from "R -1B" and "A-1" to "B-1" on Lots 12 & 13, Block A, Dunbar Addition, located on the south side of Dunbar Street between Carver and Sabinas Streets, or which a public hearing was held by the City Council on November 6, 1974 and the application denied but in lieu thereof a special permit granted for a grocery store and washateria on Lot 12 and parking only on Lot 13, subject to a site plan, with the understanding that the applicant would file deed restrictions against on -premise consumption of alcoholic beverages. He explained that the applicant is withdrawing from consideration Lot 13 and is reducing the proposed use • Minutes Regular Council Meeting December 11, 1974 Page 6 to only a grocery store with both building and parking located on Lot 12. He stated the site plan meets "B-1" criteria of the Zoning C.dinance. (The Planning Commission recommended denial) Mr. Townsend also presented the pending item of Mr. Robert M. and Ms. Vera D. Veselka and Mr. Harold. T. Hartgraves, for change of zoning from "R -1B" to "B-4", on Lots 9, 16 and the northeast 45 feet of Lot 17, Block 6, Woodlawn Estates, located between Clare and Woodlawn Drives south of South Padre Island Drive. This application was heard by the City Council on June 5, 1974 at which time it was denied but in lieu thereof a special permit was approved for storage units subject to an acceptable site plan which site plan has been received and the ordinance prepared. Motion by Acuff, seconded by Lozano and passed, that the two foregoing site plans be approved and ordinances he brought forward effectuating the requested changes. Commissioner Branch stated that something should be done soon on what the City plans to do with Cayo Del Oso and suggested that a meeting be arranged for the purpose of obtaining citizen input on the matter, and also consideration of what action is needed to extend the time for acquisition of the Oso land. He suggested that the City Manager make available a presentation of information and alternatives. The Council agreed with this suggestion and the date of January 2nd, Special Meeting, was set for such a meeting. The Council also agreed to hold a public hearing December 26 on plans for public comments for spending Community Development Program funds. This meeting is to be held in conjunction with the hearing at Ella Barnes Junior High School scheduled on assessments for street improvements in the Austin School area December 26, at 7:30 p.m. Mayor Luby announced the public hearing scheduled for 3:30 on Application #1074-5, Margarito C. Garza, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 23, Block 1, Tropical Park Section #1, located on the southwest corner of Nesbitt Drive and Gollihar. City Manager Townsend pointed out the location of the property on the land use map and described the zoning in the surrounding area. The application was heard by the Planning Commission October 8, 1974 and forwarded to the Council with the recommendation that it be denied but in lieu thereof a special permit be granted for a book store use only which will be family operated, subject to an acceptable • • Minutes Regular Council Meeting December 11, 1974 Page 7 site plan. The site plan was presented by the applicant and approved by the Commission November 5, 1974. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the recom- mendation of the Planning Commission be concurred in and Application #1074-5, Margarito C. Garza, for change of zoning from "R -1B" One -family Dwelling District to "5-1" Neighborhood Business District on Lot 23, Block 1, Tropical Park Section #1, located on the southwest corner of Nesbitt Drive and Gollihar. be denied, but in lieu thereof a special permit be granted for a book store use only which will be family operated, according to the site plan presented and approved by the Commission November 5, 1974, and an ordinance be brou,ht forward effectuating the change. City Manager Townsend announced the public hearing for proposed Text Amendments to the Zoning Ordinance a.s J.ollows: Amend Zoning Ordinance No. 6106 as follows: 1. Amend ARTICLE 4, GENERAL PROVISIONS, DISTRICTS AND DISTRICT MAPS, by adding a new section to be designated as Section 4-5 to hereafter read as follows: Section 4-5 Buildings for Telephone Service Excepted. The provisions of this Ordinance shall not apply to the location, construction, maintenance or use of central office buildings of corporations, firms or individuals engaged in the furnishing of telephone service to the public, or to the location, construction, maintenance or use of any equipment in connec- tion with such buildings or a part of such telephone system, necessary in the furnishing of telephone service to the public. 2. Amend ARTICLE 30, CHANGES AND AMENDMENTS, as follows: A. Amend Section 30-3 as follows: (1) Paragraph 1, Line 5 - strike the words "change of" and substitute the wor is "rezoning of use" and following the word "classification" add the words "of a lot, parcel or district". (2) Strike Paragraphs 2 and 3 and in lieu thereof add three subsections. to be designated as 30-3.01 , 30-3.02. and 30-3. 03 to hereafter read as follows: 30-3.01 The final report of the Planning Comznission shall be forwarded to the City Council within forty-five (45) days from the date of public hearing by the Commission. All recommendations by the Commission shall require an • affirmative vote by a majority of the Commission present and voting. In the event an agreement on a recommendation • Minutes Regular Council Meeting December 11, 1974 Page 8 cannot be reached by a majority of the Commission.present and voting or if the Commission fails to take action on an application within the time limits prescribed above, the proposed amendment, supplement or change of the Zoning Ordinance shall be forwarded to the City Council without a recommendation. For those applications on which a hearing has been held by the Planning Commission, the forty-five (45) day period for a final recommendation shall commence upon adoption of this amendment. 30-3. 02 Following submission and advertisement of an application for an amendment to the Zoning Ordinance for a change in classification of a zoning district on any tract cr land, the applicant shall not be permitted to amend said application either by reducing the area of request or requesting a different classification than originally advertised. Once the request is advertised for hearing before the Planning Commission and is not withdrawn by the applicant, such application shall be adver- tised in the same context before the City Council. Any amendment prci ,sed by the applicant to the original application will be treated as a completely new requ. st requiring the preparation and submis- sion of a new application, according to Articles 30 and 33. 30-3. 03 In the event a public hearing shall be held by the Planning Commission in regard to an amendment other than an amendment or change to the Zoning Map, notice of such public hearing shall be given by publishing in the official newspaper of the City of Corpus Christi at least once a notice of such hearing fifteen (15) days prior to said hearing. B. Amend Section 30-5, Line 1, by striking the words "such amendment, supplement or change" and substituting the words "an action under Section 30-3"; Line 5,by striking the words "amendment, supplement or"; Line 7, by striking the words "amendment, supplement or"; and Line 8, by striking the words "amendment, supplement or''. 3. Amend Article 31, Newly Annexed Territory, Section 31-5, by adding a new subsection as follows: 31-5.13 The following described tract of 1. -..id shall be zoned and classified _ "I-3" Hea y Industrial District: Block 1, Lot 1, Barney M. Davis Subdivision, containing 1999. 96 acres, filed in Volume 37, Page 86, Nueces County Map Records, Nueces County, Texas. Mr. Townsend explained that a public hearing was held by the Planning Com- mission on November 19, 1974 and forwarded to the Council with the recommendation that they be approved as written. • Minutes Regular Council Meeting December 11, 1974 Page 9 Chief Planner Larry Wenger explained in detail each of the proposed amendments and the purposes for which the changes are intended. closed. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the hearing be/ No one appeared in opposition to the foregoing proposed text amendments. Motion by Ricardo Gonza'.ez, seconded by Lozano and passed, that the recom- mendation of the Planning Commission be concurred in and the foregoing proposed changes to the Text of the Zoning Ordinance be approved as written, and an ordinance be brought forward effectuating the changes. City Manager Townsend announced discussion of the pending litigation concern- ing recent action of Athena Cablevision for making relocation of channel designations 3, 6 and 10, without notice to the Council. He explained the* when the staff and Council became aware last Friday that the franchise holder intended to change designations, the City Attorney obtained a co':rc order which forced the Company to move the stations back to their call numbers. Mr. Townsend pointed out that the franchise provides that the Company shall transmit and place pictures on the regular channels unless a showing is made to the Counc+1 that it is technically unveasible to do so and this has not been done. He stated a meeting had been held with the representatives of the franchise holder yesterday and they did not indicate they were ready to resolve the problem. He stated the City's position is that the determination of whether it is feasible or not should be the subject of a public hearing before the Council. Mr. J. C. Sparkman, general manager of Community Telecommunications, Inc. of Denver, Colorado, apologized to the Council for any problems that had been caused, stating the move to change channels had resulted from a misunderstanding within the cable company of what had been presented to the Council previously. He explained that there had been a change in management and that Mr. Jerry Jackson had replaced Mr. Williams Cunningham as System Manager. He presented the Council with a written request for a hearing before the Council January 8, 1975 in order to formally request relocation of Channels 3, 6 and 10, to alternate channels on the cable system. He stated the Company will show that it is neither technically or economically feasible to continue on -channel transmission of Channels 3, 6 and 10, and the management assures the Council there will be no alteration of channels without ten days written notice or by appropriate ordinance authority, court order, or regulatory agency order; will notify and inform the Council fully of any regulatory agency orders requested or pending, concerning Athena Cablevision's • Minutes Regular Council Meeting December 11, 1974 Page 10 operation in the City which within the knowledge of the officers of Athena. Mr. Sparkman stated his staff is presently preparing a complete background of services in this community documented with names and addresses; that he would like to be able to present this to the staff within ten days so the material may be examined and made available for study to anyone interested, and to enable the Council and staff an opportunity to answer any statements made on January 8. City Manager Townsend stated the City Staff and the Company had agreed as to the basic format so far as the restraining order is concerned and this procedure is commended to the Council. City Attorney Riggs stated that, with concurrence of the Council, the temporary restraining order would be extended pending the hearing. Mr. Joe Freymuth, electrical engineer associated with nthena Cablevision, stated many people do not understand the technical electronics connected with broadcasting. He stated he is interested in *t.e service rendered to the subscribers and can assure that the company cannot deliver a good picture to all customers under the present system. He stated he saw no difficulty in customers being able to find the stations they desire. The Council agreed that a public hearing would be held January 8, 1975 pursuant to Section 10(d) and related sections of the existing franchise ordinance, for the purpose of hearing the request of Athena Cablevision. Mayor Luby returned, unsigned, Ordinance No. 12367, approved by majority vote of the Council December 4, 1974, and read and presented a written statement addressed to members of the Council and City Secretary as follows: "While I have repeatedly stated my belief that the ballot for the election to be held January 18, 1975, should only include the Charter Amendment as provided in Proposition Number 1, the matters included in the 'Good Government League' petition, and in fact, have indicated my intention to Veto Ordinance 12367 if it also included other proposed Charter Amendments which I interpret to be in violation of Article 1170, V.A.S. "I have reconsidered the matter and cm -eluded that another approach to the issue is advisable. "The 0rdinancNumber 12367 is hereby returned WITHOUT A VETO but not signed by me. This action is taken in accord with the City Charter, Article II, Section 6, (a). "This action insures that an election will be held January 18, 1975, and that the many thousands of persons who signed the 'Good Government League' petition may have an opportunity to vote on the issue." City Attorney Riggs stated that in accordance with Article 2, Section 6-(a) of the City Charter, Ordinance No. 12367 is in full force and effect as if the Mayor had signed the ordinance. "'Minutes Regular Council Meeting December 11, 1974 Page 11 • SECOND READING OF AN ORDiAANCE AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE SALES CONTRACT AND ALL RELATED DOCUMENTS FOR THE ACQUISITION OF PARCELS NO. 7 AND 14, (LOTS 1, 10, 11 AND 12, BLOCK 91, BEACH PORTION TO THE CITY OF CORPUS CHRISTI), FOR THE BAYFRONT SCIENCE PARK EXPANSION PROJECT; APPROPRIATING AND REAPPROPRIATING OUT OF THE 123 GENERAL REVENUE SHARING FUND $169,700 FOR ACQUISITION ACCORDING TO THE APPRAISED. VALUES, OF WHICH AMOUNT $163,700 IS FOR LAND ACQUISITION AND $6,000 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND DEMOLITION EXPENSE; 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: Acuff, Branch, Thomas Gonzales, Ricardo Gonzales and Lozano, present a- d voting "Aye"; Luby, present and voting "Nay"; Stark absent. ORDINANCE NO. 12383 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A RENEWAL OF THE AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPOR- TUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) AS AUTHORIZED BY ORDI- NANCE NO. 10463, PASSED AND APPROVED BY Ti -it CITY COUNCIL ON SEPTEMBER 15, 1974, FOR THE USE AND OCCUPANCY OF THE McADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIOD OF THREE (3) YEARS, BEGINNING SEPTEMBER 1, 1974 AND TERMINATING AUGUST 31, 1977, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HER=TO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12384 CONFIRMING THE APPOINTMENT OF WILLIAM MESSER TO THE OFFICE OF WASTEWATER GENERAL SUPERINTENDENT, WASTEWATER DIVISION, BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12385 AUTHORIZING THE !TY MANAGER TO ENTER INTO AN AMENDED CONTRACT OF SALE WITH SAM PERKINS FOR THE SALE BY THE CITY OF A PORTION OF LOT 6, SECTION B, PAISLEY'S SUBDIVISION OF THE HOFFMAN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, 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, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. Ainutes Regular Council Meeting December 11, 1974 Page 12 ORDINANCE NO. 12386 • AMENDING ORDINANCE 12171 CLOSING PART OF KAY STREET, BEING AN UNIMPROVED 25 -FOOT WIDE STRIP EXTENDING 420 FEET WEST FROM CARROLL LANE BETWEEN COPUS AND HOUSTON STREETS; PROVIDING RETENTION OF AN EASEMENT OF PEDESTRIAN ACCESS; PROVIDING CONDITIONS OF MAINTENANCE; PROVIDING FOR CONSTRUCTION OF A CONCRETE WALKWAY; PROVIDING FOR RESTRICTIONS WITH REGARD TO SAID EASE- MENT; PROVIDING PUBLIC HOUSING USE RESTRICTIONS AND RIGHT OF REENTRY; PRO- VIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent, ORDINANCE NO. 12387 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CON- TRACT WITH ASPHALT PAVING AND CONSTRUCTION CO., INC., FOR THE CONSTRUCTION OF MAYFIELD DRIVE-STARLITE LANE AREA STORM SEWER LATERALS; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $82,000, CWHICH $75,464.10 IS FOR THE CON- STRUCTION CONTRACT AND $6,535.90 IS FOk CONTINGENCIES AND INCIDENTAL EXPENSES ALL APPLICABLE TO PROJECT NO. 295-72-6; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12388 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 APPLI- CATION OF TOMAS T. GONZALES, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A GROCERY STORE ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMIS- SION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 12, BLOCK A, DUNBAR ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricard,.. Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12389 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 APPLICA- TION OF PHYSICIANS PLAZA, LTD., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT WEST BOUNDARY LINE OF LOT B, BLOCK 1, MEDICAL CENTER SUB- DIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting December 11, 1974 Page 13 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez c,.d Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12390 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CTIY OF CORPUS CHRISTI AND HULEN HUNT, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A PORTION OF SOUTH STAPLES AND SARATOGA BOULEVARD AND A TRACT OF LAND CONSISTING OF 75.26 ACRES OF LAND, MORE OR LESS, OUT OF LCIS 5, 6, 7 AND 8, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY, TEXAS, ALL AS (S MORE FULLY 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 SEVER- ABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and th' foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12391 ANNEXING AN 85.95 -ACRE TRACT OF LAND, BEING LOTS 5, 6, 7 and 8, 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 SOUTH STAPLES AND SARATOGA BLVD., PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE I, SECTION 2(c), PROVIDING FOR ANNEXA- TION 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: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12392 AMENDING ORDINANCE NO, 6614, AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 11, RELATING TO CITY BUILDING CODE; CHAPTER 13-B, RELATING TO EI.FCTRICAL ORDINANCE; ELECTRICAL LICENSING ORDINANCE #9499; AND CHAPTER 27-A, RELATING TO CITY PLUMBING CODE, SO AS TO PERMIT CERTAIN CONSTRUCTION AND INSTALLATIONS FOR INDUSTRIAL USE WITHOUT THE NECESSITY OF PERMIT OR INSPECTION BY THE CITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. 4110 11110 Minutes Regular Council Meeting December 11, 1974 Page 14 ORDINANCE NO. 12393 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORiI2S 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 ROBERT M. AND VERA D. VESELKA AND HAROLD T. HARGRAVES BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND MAINTENANCE OF STORAGE UNITS ON LOTS 9, 16 AND THE NORTHEAST 45 FEET OF LOT 17, BLOCK 6, WOODLAWN ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12394 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 APPLI- CATION OF MARGARITO C. GARZA, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A BOOK STORE ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOT 23, BLOCK 1, TROPICAL PARK SECTION 41, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO, 12395 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, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5 BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.13, SETTING FJRTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND WHEN ANNEXED TO THE CITY OF CORPUS CHRISTI, SAID TRACT BEING DESCRIBED AS BLOCK 1, LOT 1, BARNEY M. DAVIS SUBDIVISION, CONTAINING 1999.96 ACRES; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. 4 411110 411 Regular Council Meeting December 11, 1974 Page 15 City Secretary Read stated that in accordance with his tabulation, all ordinances voted upon had passed with votes as noted. Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be temporarily recessed for the purpose of holding the Corpus Christi Municipal Gas Corporation meeting as scheduled. Mayor Luby reconvened the Regular Meeting at 4:15 p.m., and called for petitions from the audience on matters not scheduled on the agenda. Mr. John Stensland, local insurance agent, 337 Primrose Drive, complained that rhe Telephone Company had reduced its service by cutting the number of trunk Ines into its directory assistance operation. He inquired as to what responsibility the Council has to protect the public inasmuch as the rate increase was authorized recently. 'ie stated it would appear that a certain level of service would have been specified in the agreement at the time the rate increase was allowed, and if the service is to be reduced, the Council should have been notified and the public should know what they are getting for their dollar. City Manager Townsend explained that the quality requirements are normally set out in franchise agreements bit the Telephone Company operates in Corpus Christi without a franchise in spite of attempts to obtain one; that the Company comes to the Council for a rate increase because it is a state law; and the Company is responsible to the provisions for which the Council has set rates. He stated this matter is something the Council might well be concerned with, and commented that it is likely they will be back requesting a new rate increase. Mayor Luby asked Mr. Stensland to contact Mr. Ron Maples, District Manager of the Telephone Company and report to the Council the reasons for the Company's reduction in service. Dr. Robert Tejerina Del Mar College professor, 4518 Essex, spoke relative to a report that the City Manager had indicated he would recommend that the Coastal Bend Manpower Board be reduced. He stated he ,,,as opposed to any reduction of this board on the basis he felt partici- pants should have significant voice on this decision making body, and advocated that a more significant role be set up for consumer's voice on the Manpower Board. He also stated he felt there was a lack of community input into the use of the allocated funds. He commented that it did not seem right that the staff should make a prepared proposal for presentation to the consumer which would Sinutes Regular Council Meeting December 11, 1974 Page 16 indicate the plans were already male and could preclude any citizen input; that talent within the system could be valuable and would relieve the staff of some of tl,e work. Dr. Tejerinaalso requested that more clarification of facts be made available to the public relative to The proposed Charter Amendments, specifically he was interested in the amendment that deals with restriction on members of the Council holding any public office compensated out of public funds; the: proposed amendment which would increase the salary of the Mayor and Council while in office; and clarifi- cation of the section pertaining to the regulations and qualifications of persons eligible to run for office, particularly those persons compensated by what is defined in the Charter as "public me He cited instances now existing which might be a violation of this section under certain inrerpre- tations. He pointed out that he, himself, was an employee of a public funded entity and questioned if this is within the definition of what the Charter refers to "public means". Commissioner Ricardo Gonzalez clarified iris own position, stating he had been an employee of a federally funded agency, but when he decided to seek a position on the City Council, he had searched the law and found nothing that would prohibit his running for office. City Attorney Riggs responded to all questions interposed and clarified the law with regard to Dr.Tejerina's position as it relates to the City Charter. He explained that there are two distinct classifications of positions, one being a public officer that holds an office of trust under oath, and the other a public employee. Relative to Dr.Tejerina's present position, Mr. Riggs advised him to consult private counsel if he desires to be a candidate for public office. City Manager Townsend responded to the suggestion that more community input be solicited in the various neighborhood meetings being sponsored by the Planning and Urban Development staff. He explained that there had already been several community meetings for the purpose of seeking suggestions from individuals and groups as to how the money will be spent. Mr. Dean McFall, 5425 Fresno, spoke relative to a newspaper article which hod appeared recently, wherein members of the Firemen's and Policemen's Civil Service Commission let have4t be known that they are beginning a close look into problems of the City's Police and Fire Department operations. He stated it appears this group is dedicated to the harassment of low officers of the City. He asked the Council to investigate this matter, commenting he does not feel it is within the jurisdiction of this group to set up a review board to "watchdog" Firemen and Policemen. r • Minutes Regular Council Meeting December 11, 1974 Page 17 •. 1 , + City Manager Townsend distributed material relative to the following subjects: Federal Grants and revenue sharing financial reports for the month e,.ding October 31, 1974; Report of Community Development Block Grant Funding; Public Service Employment Legislation Report; Status report on construction projects for November, 1974; and Annual Report of Athena Cablevision Corporation - officers and ownerships. Mayor Luby announced the meeting would recess for the purpose of holding a closed meeting. City Attorney Riggs stated the Council would convene in a closed meeting as permitted by Art. 6252-17, Section 2(e), Open Meeting Law, for consideration of pending litigation. The Regular Meeting was reconvened and there being no further business to come before the Council, motion by Acuff, seconded by Lozano and passed, that the meeting be adjourned at 5:35 p.m., December 11, 1974.