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HomeMy WebLinkAboutMinutes City Council - 03/05/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 5, 1975 2:00 P.M. PRESENT: Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold 'T. Branch Thomas V. Gonzales Ricardo Gonzalez *Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem James T. Acuff called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Bill Huth, Associate Pastor of the First Methodist Church. City Secretary Bill G. Read called the roll of those in attendance and noted that a quorum of the Council and required Charter officers were present to conduct a valid meeting. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the Minutes of the Regular Council Meeting of February 5, 1975, and the Regular Meeting of February 12, 1975, be approved as presented to the Council. Mayor Pro Tem Acuff reported that proclamations had been issued in the Mayor's office relative to the following: D.A.R. GOOD CITIZENS' WEEK, March 9 through 15, 1975; and PHI THETA KAPPA DAYS, March 7 through 9, 1975. Mayor Pro Tem Acuff announced the scheduled public hearing for the closing of Hirsch Street from Water Street to East Shoreline, and East and West Shoreline Boulevard from Brewster to Hirsch. City Manager Townsend explained that the City of Corpus Christi is the only abutting property owner, and the street closings are necessary to construct the Municipal Auditorium which is recommended subject to retention of a 30'' drainage utility easement in Hirsch Street. He reported that the City has been served with a temporary restraining order regarding this hearing on request of one of the tenants of this property, and since the City is not in possession of the property, it would be his recommendation that the matter be tabled for two or three weeks, and if the matter is not resolved within that time, the hearing be rescheduled. Minutes Regular Council Meeting March 5, 1975 Page 2 No one appeared to speak relative to the foregoing request. Motion by Ricardo Gonzalez, seconded by Stark and passed, that the fore- going matter be tabled until March 19, 1975 at 2:00 p.m. Mayor Pro Tem Acuff called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That a public hearing be held at a Special Council Meeting at 3:30 p.m. on March 26, 1975 on the following zoning applications: (1) Mr. Jon B. Held - from "AB" to "B-1", located 338' west of Jamaica Drive along the north side of Caribbean Drive. (2) Reimco, Inc. - from "R -1B" and "B-1" to "B-4", located on the southwest corner of Horne Road and Greenwood Drive. (3) Environmental Disciplines, Inc. - from "R -1A" to "R-2", located on the northwest corner of South Alameda and Ocean Drive. b. That the contract award for one trailer -mounted diesel -powered sewage pump for pumping around main breaks be made to GIRARD MACHINERY & SUPPLY CO., Corpus Christi on the basis of low bid in the amount of $4,142.12. Bids were received from 9 firms. (Bid Tab 15-75) c. That the contract award for ice machines for the Park and Water Divisions be mcde to the following on the basis of low bid: TERRY REFRIGERATION, Kingsville, Texas - 1 - 2,000# ice machine complete with 1,500# capacity storage bin $ 4,398.40 CENTRAL KITCHEN EQUIPMENT, Corpus Christi 1 - 900# ice machine complete with 1,000# bin $ 2,568.00 $ 6,966.40 Bids were received from 7 firms. A price comparison on the larger machine reveals a 31% price increase. (Bid Tab 16-75) d. That a contract for photologging equipment for Traffic Engineering Department be awarded to Instrumentation Marketing Corporation, Burbank, California for $21,787.65 on the basis of low bid meeting specifications. Theapparent low bid of $2,995 on Lot II (photo - logging projection equipment) submitted by Flight Research of Richmond, Va. did not meet specifications. Bids were received from 2 firms. (Bid Tab 17-75) Minutes Regular Council Meeting March 5, 1975 Page 3 e. That parking be prohibited on both sides of Horne Road between Carlton Street and the Crosstown Expressway to provide two moving lanes in each direction with a center lane for left turns. There are no homes facing this section of Horne Road. Each adjacent business has its own off-street parking. f. That a contract be authorized with the Corpus Christi Symphony for $12,000 as local match for an outreach program funded by a grant from the National Endowment of the Arts as provided for in the 1974-75 Budget. The program includes small groups of orchestra members attending various community centers and junior high schools throughout the City to explain their musical instruments and to perform, and a free Christmas concert of Handel's Messiah and a Spring pops•concert. Two concerts have been provided at each of six junior high schools, the State School and 16 community centers including all of the City's recreation centers. Also, Handel's Messiah was performed at Christmas time. g. That plans and specifications for street improvements for the Washington - Carver area be approved and bids be received on April 9, 1975. The following streets are included: (1) Lawton, from Greenwood to just north of Washington Street (2) Ada, Dixie, Kitchens & Roger from Elgin to Washington (3) Soledad, from Greenwood to Carver (4) Washington, from Lawton to Soledad & Blake, from Mohawk to Aztec (5) Carver, from Lawton to Baldwin (6) Savinas, from Tarlton to Sonora (7) Elgin, from Lawton to Soledad & Elgin from Tarlton to Sonora Reconstruction includes curbs, gutters, sidewalks, storm sewers, and pavement. The streets included are those in the 1972 Bond Program with the exception of Elgin Street from Lawton to Soledad, which is included for the purpose of completing an area project. One half block of sidewalk on Baldwin at Fig Street is also included to complete a sidewalk omitted because of right of way problems when Baldwin was paved. h. That Parcel Number 204 of Corpus Christi Beach Park be acquired from Gulf Oil Corporation for $10,500.00 and $10,675.50 be reappropriated out of the 121 General Revenue Sharing Fund for acquisition and related expenses. This parcel is part of the second phase of the Corpus Christi Beach Park. The offer is based on the previously approved value. • Minutes Regular Council Meeting March 5, 1975 Page 4 i. That values of $198,350.00 be approved for acquisition of 55 parcels located in Blocks 8, 9, 10, 16 and 17, Naval Center Subdivision and 1 parcel located in Flour Bluff and Encinal Farm and Garden Tracts, all in Project Area 2, Nava: Air Station Safety Zones - Land Acquisition Project. These parcels are located on Aviation and Military Drive between Navy Drive and the Naval Air Station. Approval of these parcels will complete authorization for the Naval Air Station Safety Zones - Land Acquisition Project at a total cost of $520,984, including estimated relocation costs. $500,000 of revenue sharing has been previously allocated for this project. The remaining $20,984 can be made available by reducing the Clarkwood Drainage Ditch Utility Relocation Project appropriation by $20,984. j. That South Staples Street from Padre Island Drive to Saratoga Boulevard be accepted and the final corrected assessment roll of $157,209.15 be adopted. The project was jointly constructed between the City and the State with the total estimated cost being $1,148,301 of which the State's portion is $603,529 and the City's $511,522. Some additional City partici- pation may be required after the State submits its final bill, including all change orders and material variations. (The foregoing item "j" was withdrawn). k. That Change Order No. 4 to the Airport Tower Expansion project, for $3,132.00 be approved. This change order provides finishing of a 200 square foot area on the second floor of the new control tower expansion for the National Weather Service. The original plan was to have most of the second floor left as an unfinished shell. National Weather Service agreed to a lease rate schedule to amortize the cost of the control tower expansion over a fifteen year period. No additional appropriation is necessary. A 21 calendar day extension is also re- commended for the contractor due to this change order. I. That Perry R. Bass be granted a permit to drill a well in State Tract 389 as a located straight hole to a depth of 8,500 ft. The well is to be drilled as a regular location approximately/ one (1) mile from Mustang Island and about 4-1/2 miles southeast of Ingleside Point. All requirements of the Bay Drilling Ordinance have been complied with. m. That authority be granted to execute an amendment to the existing HUD Neighborhood Improvement program contract for the Airport Park and Lexington Subdivision areas to transfer $48,000 from rehabilitation grants to administration expense. Authority to Minutes Regular Council Meeting March 5, 1975 Page 5 extend the contract through March 31 was previously granted by letter from HUD dated December 31, 1974. These two actions provide for the continuation of the Code Enforcement program through March 31, 1975, pending approval of Community Development application. n. That contracts be awarded to the following firms for replacement of 95 and 13 additional passenger and truck type vehicles for various departments on the basis of low bid meeting specifications: PAGAN LEWIS MOTORS, Corpus Christi 22 Vehicles FRIENDLY CHRYSLER PLYMOUTH, Corpus Christi 41 Vehicles CREVELING MOTORS COMPANY, Corpus Christi 39 Vehicles TRADEWINDS FORD SALES, INC., Corpus Christi 5 Vehicles JACKSON'S WHITE TRUCK SALES, Corpus Christi 3 Vehicles GRAND TOTAL $ 74,885.00 $162,413.56 $141,363.76 $ 24,678.53 $ 84,017.00 $487,357.85 The Corpus Christi Independent School District, City of Port Aransas and City of Rockport participated in this cooperative bid reserving the right to make awards for their requirements. Bids were received from 9 firms. Price comparison reveals an average increase of 14.3%. Several apparent low bids did not meet specifications because of one or more of the following reasons: inadequate alternator capacity, lack of front heavy duty suspension, and rear spring capacity. In several cases fixed price awards had been recommended where the price was only slightly above items bid with price escalation. Because of cost increases, vehicle needs have been re -appraised. Two 45,000 GVW cab and chassis for the Street Division and one 20,000 GVW six -passenger vehicle for the Gas Division have been deleted. Additional vehicles have been included for the recently approved photologging program and a replacement vehicle for an Engineering 1971 compact car which was severely damaged in an accident. (Bid Tab 18-75) o. That contract awards for high-pressure spraying equipment for weed control for the Street and Park Divisions and Oso Golf Course be made to the following companies on the basis of low bids meeting specifications: Minutes Regular Council Meeting March 5, 1975 Page 6 Watson Distributing Company, Inc., San Antonio (Lot 1 - skid -mounted sprayer) Valley Pump, Inc., Corpus Christi (Lot 11 - trailer mounted sprayer) Bids were received from five firms. (Bid Tab 19-75) $ 6,423.97 2,984.72 $ 9,408.69 (Item "p" was considered separately.) q. That a water contract be approved between the City and Mr. Jose G. Ayala, owner of Lot 2, Block 3, Buena Vista, located north of I.H. 37 and west of Sessions Road. The property is located more than 300 feet outside the City limits. A preliminary plat has been submitted and approved subject to the execution of the contract with the City for water service. (The foregoing Item "q" was withdrawn). r. That bids be received at 4:00 p.m., April 2, 1975 for the City's one- half interest in minerals underlying Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts, at the corner of Rodd Field Road and Yorktown Boulevard. An oil company has expressed interest and has already leased the other one-half interest. The provisions of the lease would be as follows: (1) Three year primary term with a cash bonus of no less than $25 per acre for the City's one-half interest. (2) Two annual delay rentals of no less than $5 per acre for the City's one-half interest in lieu of a minimum royalty of three -thirty seconds. (3) If a well is located on the surface of the leased area, a City drilling permit will be required subject to all conditions of the City Land Drilling Ordinance except drilling density and unitization. (4) Unitization of any part of a mineral lease with other minerals will only serve to hold that portion so unitized beyond the primary term. (5) The City will have the option of purchasing any gas produced from a gas well with a surface location within the leased area at a competitive price not to exceed $1.50 per MCF. s. That Block 91 and the Health Building site be cleared for the construction of the Auditorium by the following actions: Minutes Regular Council Meeting March 5, 1975 Page 7 (1) Bids be received on March 25, 1975 for the removal of the house located at 1818 North Water Street by June 1, 1975. The house meets minimum standards and can be moved. (2) Bids be received on March 25, 1975 for the demolition of the structures on Lots 7, 8, 9, 10, 11 & 12, Block 91. (3) The remaining structures on Block 91 and the Health Building, interfering with the construction of the Auditorium, be demolished with City forces with such salvage as may be possible being done by the Street Division and by subcontract. t. That the City Manager be authorized to enter into contracts with the State Department of Welfare and with the Early Childhood Development Center, Inc., for 68 children of mothers receiving aid to families of dependent children at a cost of $194,947 and to contract with the Coastal Bend Council of Governments for operating capital. The program offers day care, social service, means and parent involvement with no local funds required. The City will receive $8,000 annually as reimbursement for administrative costs. The project employs 21 fulltime and 6 halftime employees. The effective date of transition and of this contract will be April 1, 1975. (Item "u" considered separately.) v. Canvassing the returns and declaring the results of an election held on the 1st day of March, 1975, upon the question of whether or not the City Council shall be authorized to enact an ordinance adopting the State law applicable to Firefighters and Policemen, which establishes collective bargaining. Relative to Item "d" Mayor Pro Tem Acuff questioned the need for the recommended photologging equipment for the Traffic Engineering at a cost of $21,787.65. He stated that in view of rising costs and the amount of money to be spent on related equip- ment, he wondered if the equipment would be utilized to that extent. He explained that this project would involve approximately 1100 miles of pictures and the storage could become a problem. City Manager Townsend stated the recommendation had not been made without some misgivings, but explained that it is expected to save man hours in supervisory positions in the Traffic Engineering Department. Minutes Regular Council Meeting March 5, 1975 Page 8 Mayor Pro Tem Acuff suggested that bids be deferred for street improvements for the Washington -Carver Area until the President and Congress reach an agreement on the imported oil surtax. He stated if the matter is still undecided, the contractors will have to bid under the assumption that a maximum surtax may be imposed which would increase the price of asphalt. City Manager Townsend pointed out that it would be better to proceed with approving the plans and specifications and advertise for bids to be received on April 9, and in the meantime the bid invitation could be amended by change order. *Commissioner Lozano arrived at the meeting at this time (2:37 p.m.). Motion by Branch, seconded by Lozano and passed, that the City Manager's Reports be accepted, with Stark and Acuff voting "Nay" on Item "d"; Items "j" and "q" withdrawn, and Items "p" and "u" considered separately, and that the requests and re- commendations be granted, approved and adopted, as presented by City Manager Townsend. City Manager Townsend presented Item "p" of the City Manager's Reports as fol lows: p. Recommendation that the request of Bayview Investment Corporation and four other joint owners for an agricultural water tap and contract be turned down because of the lack of capability of existing lines to serve additional taps. For a number of years requests for additional taps to this deadend system which is served by a 6" line in Old Browns- ville Road which reduces to a 4" line to the Rebecca Home for Girls and then to a 2" to this location at Old Brownsville Road and Clarkwood Road have been turned down. Additional taps will further handicap those presently being served by lowering their water pressures. For any new service a new 6" line should be required to connect to the present 6" line at Cuddihy Field. Mr. Townsend explained that this matter had been the subject of numerous dis- cussions with the Director of Public Utilities and it is the staff's conclusion that this line is over -utilized and additional taps are not recommended; that the staff has taken the position that when a line reaches its maximum capacity, it is not fair to allow new taps from persons who have not participated in the cost of the lines and to deny others who did participate. He Minutes Regular Council Meeting March 5, 1975 Page 9 stated the staff's recommendation is a policy decision based on prior Council's actions, and is for denial even though some residents have signed waivers that they do not object to an- other tap. He stated it would be breaking a precedent which has been established for a number of years. He pointed out that if this area is developed into a subdivision and fully utilized, it could drain the system dry. Mr. James P. Ryan, attorney representing the applicants, pointed out that his clients are not planning to subdivide the land, and it is obvious why the request was not recommended. He explained that the staff apparently was confused on this point and did not understand that they are proposing a single family domestic use on this 50 -acre tract to be used by a tenant not related to the agriculture. He explained that he had obtained names from Mr. Schneider of those persons who have been refused taps; that all these had been con- tacted and there were no applicants waiting for water taps at this time. He stated that every resident on the 2" line directly affected had been contacted, including MH -MR, and all have signed the waiver of no objections. He stated the only objection had come from the City Staff and apparently this was based on the assumption that they are planning to develop the property. He explained that they would be willing to have the permit limited to a single- family residence and agree to leave the property as it is for the time being. He did, however, state that someday, they may want to put the land to some other use. He stated apparently a water well cannot be drilled as the water is brackish and it is not economically feasible for his client to spend $50,000 for a water line. Mr. Schneider explained that the request had been denied on the basis of prededenXpnd because it was understood that the house was for the purpose of renting and not for agricultural purposes, and provision is only made for one family domestic uses. He stated the problem is not just one additional tap; that there have been five or six people that have been turned down; that considerable land in areas outside the City limits in need of water; and that if this permit is granted there will be many more requests that cannot be granted. He pointed out that if the Cuddihy property should be developed for its permitted uses, the water system would be drained dry and there would be no pressure at all. •....utes Regular Council Meeting March 5, 1975 Page 10 Motion by Branch, seconded by Ricardo Gonzalez and passed, that the request of Bayview Investment Corporation et al for an agricultural water tap onto the 2" line outside the City limits near Cuddihy Field, be approved with the stipulation that the use is to be exclusively limited to one single-family use. City Manager Townsend presented Item "u" relative to the recommendation of the Park Board regarding the installation of lights at the H. E. Butt Tennis Center. Plans and a cost estimate have been completed. In order to initiate construction prior to the moratorium, bids must be received on March 26, 1975. Mr. Townsend explained that March 26 is the last day bids can be received before the moratorium and the cost is approximately $45,000 based upon re -design standards. Director of Engineering and Physical Development James Lontos presented a site plan and stated it is hoped the lighting can be completed by June of this year. Mr. Townsend explained that there had been no response from Central Power and Light Company to contribute to the project and the City is in no position to make such a request. Motion by Branch, seconded by Lozano and passed, that the City Manager be granted the authority to advertise for bids for the installation of lights at the H. E. Butt Tennis Center to be received on March 26, 1975. City Manager Townsend presented the pending item of Mr. David M. Coover, Trustee for change of zoning from "F -R" to "R -1B" on Lots 9, 10, 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts. He explained that the six-month time limita- tion is up on March 11, the zoning ordinance allows for one extension, and it is his re- commendation that it be extended to March 26. Mayor Pro Tem Acuff reported that he had contacted the Navy and was advised that it would not be advisable to change the flight pattern from the standard teaching operation as had been suggested by Mr. Coover. Motion by Branch, seconded by Lozano and passed, that the pending zoning case of Mr. David M. Coover be extended from March 11 to March 26, and that Mr. Coover be so advised. Mayor Pro Tem Acuff announced the public hearing scheduled for 3:30 p.m. on Minutes Regular Council Meeting March 5, 1975 Page 11 a proposed Text Amendment which would establish a child care home as a permissible use in the single-family dwelling district for up to six children under 14 years of age. Chief Planner Larry Wenger, explained the proposed amendments, and pointed out deletions and new additions from a chart. He explained that the proposed amendments would distinguish between a child care center and child care home by rewording the present definition and adding a new definition. He also explained that it would eliminate the con- flict between the City's regulations and those of the State Welfare Department. The pro- posed text amendment was heard by the Planning Commission February 4, 1975, and for- warded to the Council with the recommendation that the amendments be approved as presented. The Planning Staff concurred in the recommendation. Mr. Richard Carr, Chairman of Concerned Parents for Child Care, reported it is the opinion of this organization that this amendment to increase the number of children to six is a step in the right direction but will not meet the needs and will only benefit a small percentage of the demand. He stated that due to the rising living costs; the female labor force is fast increasing; and many child care homes are in operation without licenses because they do not want to meet the building requirements. He stated the City should allow the Texas Welfare Department to regulate the maximum number of children; that under the State regulations, a facility could have up to 13 children for each staff member if space re- quirements were met; that the space requirements include 35 square feet of interior area, excluding restrooms, hallways and similar space, and 80 square feet of yard. Mr. Carr filed with the City Secretary 36 additional letters from Concerned Parents in support of these and other amendments. City Manager Townsend stated that the City Staff has studied this matter for a long time, and explained that the question is where to draw the line where day care centers begin to interrupt the residential neighborhood. He pointed out that the welfare of a person living next door to a child care home could be affected by the number of children allowed if determined by space. He explained that the City must look not only at the needs for child care facilities, but also at the needs of the residential areas. He stated that commercial day care centers should be a separate application. Minutes Regular Council Meeting March 5, 1975 Page 12 Motion by Ricardo Gonzalez, seconded by Branch and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the Text Amendments to Articles 3, 5 and 11, be approved as recommended, as follows: AMENDMENT TO ARTICLES 3, 5 and 11 1. Article 3. Definitions. a. Amend Section 3-1, Subsection 3-1.12 to hereafter read as fol lows: 3-1.12 Child Care Center. A. building where seven or more children, under fourteen years of age, other than members of the family occupying such building, are taken care of for compensation. b. Add a new subsection to read as follows: 3-1.12.1 Child Care Home. A single-family residence where six or less children under fourteen years of age, other than members of the family occupying such residence, are takerr care of for compensation. 2. Article 5. "R -1A" One -family Dwelling District Regulations. a. Amend Section 5-2, Use Regulations, by adding a new Subsection (12) to read as follows and renumbering the existing Subsection (12) as Subsection (13): (12) Child Care homes. 3. Article 11. "AB" Professional Office District Regulations. a. Amend Section 11-2, Use Regulations, Subsection (9) to hereafter read as fol lows: (9) Child care centers. Mayor Pro Tem Acuff announced the opening of bids for the construction of the Corpus Christi Community Auditorium. Director of Engineering and Physical Development James K. Lontos, explained that the bid proposal was for a 2,500 -seat Municipal Auditorium; that a number of additive alternates are included for the purpose of enabling the award of a contract within the funds available; the alternates include a passenger elevator, stage rigging, finishing of the back areas of the auditorium, seats, carpet, storm protection, light fixtures and other items. Bids were received, opened and read from the following firms: Lanphier Construction Company; Minutes Regular Council Meeting March 5, 1975 Page 13 and Braselton Construction Company. ,The apparent low bidder was Lanphier Construction Company in the amount of $4,797,000, which was $565, 100 above the Engineer's estimate of $4,231,900. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. City Manager Townsend presented the matter relative to adoption of the 1975 Edition of the National Electrical Code which was tabled last week pending receipt of a Fire Department report on how many electrical fires were due to Romex wiring. He furnished the Council with copies of reports by Chief John G. Carlisle, Assistant Fire Chief B. A. Turner, and Fire Prevention Bureau Chief R. T. Gaulding. Chief Carlisle's memorandum emphasized the safety of metallic sheathing, and Mr. Turner and Mr. Goulding stressed the proper installation of wiring rather than the type of sheathing. He reported that no statistics were available on the relationship between local fires and the type of wiring used. Mayor Pro Tem Acuff stated he still recommended the elimination of Sections 7-5 and 7-9, stating it is unfair to require a person wishing to convert all or part of a home to a small business to rewire with metallic sheathing in order to meet regulations. Motion by Stark, seconded by Branch that the ordinance adopting the 1975 Electrical Code with no modifications as recommended by the Electrical Advisory Board, be brought forward. Mayor Pro Tem Acuff and Councilmen Ricardo Gonzalez and Lozano voted "Nay" and Stark, Branch and Tom Gonzales voted "Aye". The motion failed to pass because of a tie vote. Motion by Lozano that Sections 7-5 and 7-9 be deleted from the Electrical Code. The motion failed for lack of a second. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the 1975 Edition to the National Electrical Code be adopted as recommended by the Staff with certain modifications limiting residential classifications to one story wooden frame buildings of not more than 3,000 square feet, and an ordinance be brought forth accordingly. Commissioners Stark and Tom Gonzalez, voted "Nay" and Mayor Pro Tem Acuff, Commissioners Branch, Minutes Regular Council Meeting March 5, 1975 Page 14 Ricardo Gonzalez and Lozano, voted "Aye". Mr. Harris Evans, electrical contractor, inquired as to why the Council had not considered the proposal made by Mr. Lynn Tate of the Electrical Workers Union, that the requirement for metallic sheathing be waived in the case of certain small businesses within homes which he stated would cure the ailments in controversy. He stated that when additional circuits are added, then the owner would have to meet the standards of those circuits. He • maintained that electricians are in a better position to recommend than members of the Council, commenting that a little knowledge is a dangerous thing. He stated he interpreted Chief Carlisle's memorandum as being in support of metallic wiring in all commercial buildings. Motion by Branch, seconded by Tom Gonzales, that the proposed electrical ordinance be modified in accordance with the proposal of Mr. Tate and recommendation of the Electrical Advisory Board which permits certain home occupancy to operate without being required to rewire the building with metallic sheathing. Mayor Pro Tem Acuff and Councilmen Ricardo Gonzalez and Lozano voted "Nay"; Branch, Stark and Tom Gonzales voted "Aye". The motion failed to pass because of a tie vote. City Manager Townsend presented and discussed ordinances appearing on the agenda, including the adoption of the 1975 Edition to the National Electrical Code in accordance with the Council's aforesaid action. Mr. Bill Miller, consulting electrical engineer, Mr. Harris Evans and Mr. Lynn Tate, spoke at length and reiterated their objections to Romex wiring in commercial buildings. Mr. Tate was adamant in his complaint of the manner in which the staff had handled this matter, stating his proposals had not been responded to, opinions had been based on incomplete facts, recommendation of the Electrical Advisory Board and Electrical Industry had been disregarded, and information from surveys had not been used. City Manager Townsend explained that the staff had requested and received information, and the surveys had been made in response to the requests of those representing the Electrical Industry and the Council. He stated the National Electrical Code is accepted across the nation, and that HUD had been guaranteed that minimum codes not above that Minutes Regular Council Meeting March 5, 1975 Page 15 required for minimum safety would be required. He explained that the Council is being asked by the Electrical Industry to approve a code more stringent than the National Code. ITY FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CODE, 1958 AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III,"PARKING PROHIBITED AT ALL TIMES ON BOTH SIDES OF HORNE ROAD BETWEEN CARLTON STREET AND THE CROSSTOWN EXPRESSWAY (S.H. 286); AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12512 MAKING FINDINGS OF FACT; AMENDING CHAPTER 9, ARTICLE IV, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION 9-38-A PROHIBITION AGAINST LIVING ABOARD WATER CRAFT, SAID NEW SECTION PROHIBITING THE USE OF WATER CRAFT AS A DWELLING IN THE CORPUS CHRISTI MARINA, AS DEFINED HEREIN; AUTHORIZING TRANSIENT CRAFT TO REMAIN IN THE CORPUS CHRISTI MARINA FOR A FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, ALL AS DEFINED HEREIN; AUTHORIZING REGULAR SLIP TENANTS TO REMAIN ON BOARD WATER CRAFT FOR A FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, AS TERMS ARE DEFINED HEREIN; PROHIBITING USE OF PUBLIC PROPERTY ON THE LAND AREAS FOR OVERNIGHT STAYS; PROVIDING FOR PUBLICATION; PRO- VIDING A SEVERANCE; AND PROVIDING A PENALTY. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12513 CLOSING THAT PORTION OF GATEWAY DRIVE BETWEEN O'CONNELL AND NAGLE STREETS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE RETENTION OF THE FULL WIDTH OF THE STREET AS A DRAINAGE EASEMENT UNTIL PROVISIONS FOR CONTINUOUS DRAINAGE CAN BE RESOLVED WITH THE ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12514 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI SYMPHONY BY THE TERMS OF WH ICH THE CITY OF CORPUS CHRISTI WILL PAY Minutes Regular Council Meeting March 5, 1975 Page 16 $12,000 AS LOCAL MATCHING FUNDS FOR AN OUTREACH PROGRAM FUNDED BY A GRANT FROM THE NATIONAL ENDOWMENT OF ARTS AS PROVIDED FOR IN THE 1974-75 BUDGET, AND ACCORDING TO THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12515 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT TO PROVIDE FOR THE CONTINUATION OF THE CODE ENFORCEMENT PROGRAM UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED, IN THE AIRPORT AND LEXINGTON SUBDIVISION AREAS, A COPY OF SAID AMENDED CONTRACT BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12516 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH GULF OIL CORPORATION FOR THE ACQUISITION OF PARCEL 204, CORPUS CHRISTI BEACH PARK SITES PROJECT; APPROPRIATING AND REAPPROPRIATING OUT OF THE 121 GENERAL REVENUE SHARING FUND, ACTIVITY 5604, CODE 437, $10,675.50, OF WHICH AMOUNT $10,500 IS FOR PURCHASE AT THE APPROVED VALUE AND $175.50 IS FOR INCIDENTAL COSTS RELATED TO THE CLOSING OF THE PURCHASE OF THE AFORE- SAID PARCEL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12517 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY TO ACQUIRE PARCELS 96 THROUGH 115, BLOCK 8; PARCELS 116 THROUGH 118, BLOCK 9; PARCELS 119 THROUGH 134, BLOCK 10; PARCELS 135 THROUGH 140, BLOCK 17; PARCELS 141 THROUGH 150, BLOCK 16, ALL IN THE NAVAL CENTER SUBDIVISION; AND PARCEL 151, SECTION 47, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN CONNECTION WITH THE NAVAL AIR STATION SAFETY ZONES - LAND ACQUISITION PROJECT; CANCELLING Min Regular Council Meeting • March J, 1975 - Page 17 $20,984 OF THE TOTAL APPROPRIATION OF $150,000 FOR THE CLARKWOOD DRAINAGE DITCH UTILITY RELOCATION PROJECT IN THE NO. 121 GENERAL REVENUE SHARING FUND AND RE - APPROPRIATING SAID $20,984 FOR THE PURCHASE OF PROPERTY FOR THE NAVAL AIR STATION SAFETY ZONES - LAND ACQUISITION PROJECT, ACTIVITY 121-4291, CODE 501; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12518 AMENDING THE ZONING ORDINANCE OF CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FRANK G. EVANS, BY GRANTING A SPECIAL COUNCIL PERMIT ON 51- ACRES OUT OF LOT 7, W.O. WOMACK FARM LOTS, FOR LOCA- TION OF ONE MOBILE HOME TO ALSO BE USED AS A SALES OFFICE FOR A PERIOD OF 2 1/2 YEARS FROM DATE OF ORDINANCE, WAIVING THE STANDARD SCREENING FENCE REQUIREMENT, SUBJECT TO ALL OTHER CONDITIONS OF "R -1B" ZONING DISTRICT, ALL AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; KEEPING IN EFFECT ALL OTHER PROVI- SIONS OF THE EXISTING ORDINANCES 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: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. ORDINANCE NO. 12519 CANVASSING RETURNS AND DECLARING THE RESULTS OF AN ELECTION HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON MARCH 1, 1975, ON THE QUESTION OF WHETHER OR NOT TO ADOPT THE STATE LAW APPLICABLE TO COLLECTIVE BARGAINING FOR FIREFIGHTERS AND POLICE- MEN IN THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. FIRST READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1975 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 10832, AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and failed to pass for lack of sufficient affirmative votes as follows: Stark, Acuff, Lozano, present and voting "Aye"; Branch, Tom Gonzales, and Ricardo Gonzalez, present and voting "Nay"; Luby absent. ORDINANCE NO. 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 Minutes Regular Council Meeting March 5, 1975 Page 18 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, BY AMENDING ARTICLE 3, DEFINITIONS, SECTION 3-1, SUBSECTION 3-1.12 CHILD NURSERY, AND ADDING A NEW SUBSECTION TO BE DESIGNATED AS 3-1.12.1 TO INCLUDE A DEFINITION FOR CHILD CARE HOME; AMENDING ARTICLE 5, "R -1A" ONE FAMILY DWELLING DISTRICT REGULATIONS, SECTION 5-2 USE REGULATIONS BY ADDING A NEW SUBSECTION TO BE DESIGNATED AS (12) TO IN- CLUDE A CHILD CARE HOME AS A PERMITTED USE AND RENUMBERING THE PRESENT SUBSECTION (12) AS (13); AMENDING ARTICLE 11, "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS, SECTION 11-2, USE REGULATIONS, SUBSECTION (9) TO DISTINGUISH BETWEEN CHILD CARE HOMES AND COMMERCIAL CHILD CARE CENTERS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING 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: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby absent. City Manager Townsend stated that he would wait for direction from the Council for further actions relative to the Electrical Ordinance. He was instructed to ask Chief Carlisle to be present for discussions next week. Mr. Keith Barkley apologized to the Council and staff for the Electrical Industry's representatives' uneasy concern, commenting the Electrical Code is "very close to their hearts". Mayor Pro Tem Acuff called for nominations for appointments to the Mental Health and Mental Retardation Community Center Board. Motion by Ricardo Gonzalez, seconded by Lozano and passed, Stark voting "Nay", that the following nominations to the MH -MR Board be approved and confirmed: Father Raymond Pena (1 -year term); Mrs. Beth (R.W.) Woolsey (2 -year term); Mr. Bobbie Lee Perry (1 -year term); Judge Hector De Pena (2 -year term); and Mr. H. H. McCool as the joint City -County appointee and that the County's nominations be confirmed. The terms of the foregoing appointees were determined by drawing of lots. Commissioner Stark explained he strongly feels that in view of the financial problems of this community center in the past year, the reappointment of four of the members would not help the situation, and the center should have a clean fresh board made up of Minutes Regular Council Meeting March 5, 1975 Page 19 people who are professional, acquainted with the problems, and an active knowledge of accounting procedures, in order to accomplish the desired goals. He stated he has nothing personally against any of the appointees, but feels the appointment of a new board is a matter of principal, and commented that had the MH -MR been a private enterprise, it would have gone into bankruptcy. He also pointed out that the County had cited the possibility of a conflict of interest in two of the persons nominated for reappointment. Commissioner Branch noted that with reference to the conflict of interest, the Legal Depart- ment had assured that there was no legal problem, and he felt there should be continuity in the organization. Commissioner Stark responded that there could be a moral conflict of interest if not legal. Commissioner Ricardo Gonzalez expressed satisfaction with the appointments, stating he felt the new board is responsible and will attend to the financial problems. Mayor Pro Tem Acuff stated he did not agree 100% with all the nominations, and felt there should have been more professional expertise, but felt the Council should be unani- mous in its final decision. Mayor Pro Tem Acuff called for petitions from the audience on matters not scheduled on the agenda. Mr. John Scott, representative of Tract 16 Neighborhood Council, appeared and inquired as to the status of his request that the City provide a site for location of a neighborhood center building at Blake and Osage Streets. He was advised that the Council has requested information and is looking into the general policy question of whether the City should be involved in providing this type of assistance in setting up neighborhood centers. He was also advised that alternative available facilities were under consideration such as schools and the Boys Club. Mr. William Shireman explained that Mr. Scott had understood that when this matter was discussed, he would be notified and he felt he should have been invited to participate in the discussions with Mr. Rene Ramirez this morning in workshop. He also pointed out that Mr. Scott and his council are aware of what the City is doing for other centers and in all sincerity, he is going about making his request in the only manner he knows. Minutes Regular Council Meeting March 5, 1975 Page 20 Mr. Van`• Sicykl�e ff representative of the Community Development Corporation, appeared and requested that in view of the need for housing in Corpus Christi, the Council go on record supporting House Bills now pending before the State Affairs Committee creating a housing rehabilitation loan fund and housing finance agency for the State of Texas. He stated some action is needed from this Council to be considered at a meeting of the State Affairs Committee on March 12th. Motion by Ricardo Gonzalez, seconded by Branch and passed, that the Council go on record in support of these bills by telegram. Dr. H. G. Tirschwell appeared in regard to a complaint filed by the City Staff against signs which have been placed on a fence surrounding a building at 737 Ever- hart Street . He stated he feels it is not the place of the staff to set policies of this nature but should be left to the Council. He presented photographs of the premises to support his claim that the signs are not in violation and claimed the fence is a structural part of the building. He requested that the staff be instructed to cease and desist its actions against him in view of a new sign ordinance which is under study. City Manager Townsend explained that the signs have been placed on the outside of the fence which are not allowed in the "AB" zoning district and if it is the desire of the Council that the ordinance be modified to make these signs legal, it will be necessary for the Planning Commission to hold a public hearing. He pointed out that if this is permitted, there are approximately 20 others who would make the same request. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the staff be instructed to initiate procedures to bring forth a change in the ordinance which would permit Dr. Tirschwell's signs, and that in the meantime he be allowed to keep the signs. Mr. John Miller, Jr., appeared and re -stated his request for additional compensa- tion for properties in the Naval Air Station acquisition project, being Lots 2, 3 and 4, Block 5, J. M. Webb Subdivision, located at 112 Anchor Street between Hornet Drive and the Naval Air Station. He explained that he had written three letters, the last dated March 3, 1975, and was concerned that the truth might be lost in the volume. Minutes Regular Council Meeting March 5, 1975 Page 21 Mayor Pro Tem Acuff suggested that this matter be deferred until the Council has an opportunity to read Mr. Miller's last letter, and the matter be placed on the agenda for discussion and disposition next week. There being no further business to come before the Council, motion by Stark, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 6:20 p.m., March 5, 1975.