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.
•
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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
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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
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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.
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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;
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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
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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
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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
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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.
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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.
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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.