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
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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)
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Regular Council Meeting
December 11, 1974
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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.
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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
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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
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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
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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
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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.
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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
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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
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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.
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Regular Council Meeting
December 11, 1974
Page 12
ORDINANCE NO. 12386
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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.
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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.
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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.
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Minutes
Regular Council Meeting
December 11, 1974
Page 17
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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.