Loading...
HomeMy WebLinkAboutMinutes City Council - 06/11/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 11, 1975 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample 74 City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Edward Sample. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Tipton and passed, that the Minutes of the Regular Council Meeting of May 28, 1975, be approved. Mayor Luby announced the issuance of proclamations relative to the following: NCAA TENNIS WEEK, June 16 to June 21, 1975; FLAG DAY, June 14, 1975 (Bicentennial Year of 1975); ZETA PHI BETA DAYS, June 13 through June 15, 1975. City Manager Townsend discussed procedures for hearing petitions from the audience. Motion by Tipton, seconded by Gulley and passed, that a policy be established hereby comments, complaints, questions or petitions from the audience be limited to five minutes. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explana- tions, as follows: a. That a contract be awarded to Truckers Equipment, Corpus Christi for 5 sets of steel storage and parts racks for van type vehicles for the Gas Division on the basis of low bid of $2,305.80. Bids were received from 3 firms. (Bid Tab #34-75) b. That $1,045.83 be appropriated for payment to the Highway Depart- ment for the City's additional share of the cost of intersection improvements on Staples and Swantner between 18th and Annapolis and on Morgan and Airport Road. This project was jointly constructed under the Federal Urban TOPICS (Traffic Operations to Increase Capacity and Safety) Program. The project audit indicates that the City's additional share is $1,045.83 above the $172,300.00 already placed in escrow. Total project cost was $500,919.01. c. That plans and specifications for the construction of La Costa Minutes Regular Council Meeting June 11, 1975 Page 2 Drive, the street adjoining the proposed Fire Station on South Staples Street, be approved and bids be received on July 2, 1975 at 4 p.m. The street is required by the Platting Ordinance and should be constructed prior to completion of the Fire Station, expected to be under construction by the fall of 1975. d. That the plans and specifications for Molina Area Street Improve- ments Unit II, Part A, be approved and bids be received on July 2, 1975 at 4 p.m. Because of uncertainties on fuel and material costs it is recommended that the project be bid with three alternate street design sections: (1) Lime stabilized and cement stabilized base with 2" of hot mix asphalt surface (2) 8" caliche base and 1" hot mix asphaltic concrete surface (3) 8" caliche base and three -course asphalt surface treatment To encourage more bidders, the project has been divided in two segments. Part A includes Lolita, Mendoza, Elvira, Angela from Horne Road to Bloomington and Barrera Street from Horne Road to Bloomington; the remaining streets to be constructed out of 2nd year funding. e. That a one-year lease be authorized with Mr. Helio L. Perez for a 3200 square foot building located at 900 Western Street in Robstown for a monthly rental of $175.00. This building will provide a kitchen and meal site for the Nutrition portion of the Senior Community Services Program. The lease will be effective June 16, 1975 and contain an option for a 1 -year renewal under the same terms. f. That the west three feet of a 10 -foot utility easement perpendicular to Chamizal Street in Block 7 of Western Hills Unit 2 be abandoned at the request of the owners. The block is being replatted. An additional three feet is being dedicated to offset the portion being abandoned. No utility relocations or problems will be caused by this replatting. g. That the City participate as a co-sponsor of the South Texas Education Authority with up to 10 other South Texas cities so that a repurchase market can be established for 100% federally insured higher education student loans for students south of a line generally from Del Rio to Wharton. The Authority is a non-profit corporation created by valley leaders and the City of Edinburg. The overall program is being sponsored by the Council for South Texas Economic Progress, has the support of Senator Lloyd Bensen, and is specifically authorized by Senate Bill 454 which is now before the Governor for his approval. Minutes Regular Council Meeting June 11, 1975 Page 3 The City's total responsibility as a sponsor will be: (1) Appointment of one director for the Authority and approval of its existing board of directors (2) Approval of the Authority's sale of revenue bonds without any obligation upon the City (3) Willingness to accept a pro -rata distribution of the assets of the Authority upon retirement of all of its debt. The non-profit Authority will issue revenue bonds whose interest income will be tax exempt. The bond proceeds will only be used to purchase loan paper from banks who have made student 7% loans which are 100% insured by the Federal government. Program expense will be offset by the difference between the 7% loan interest and the interest rate on the non-profit corporation bonds. The program has been endorsed by Dr. D. Whitney Halladay of Texas A & I, Dr. Jean Richardson of Del Mar, and Dr. Dana Williams of Corpus Christi Indepen- dent School District. h. That a grant offer of $18,100 be accepted from the Equal Employ- ment Opportunity Commission (EEOC) to continue the support of the Human Relations Office for handling equal employment discrimination charges within the City. The original grant began in July, 1974 with three positions. This grant provides one additional Administrative Assistant (Grade 23) to continue this program from July 1, 1975 to December 31, 1975. The supplemental staff will be expected to complete initial investigations and try to resolve 40 charges filed with EEOC during the six month period. The application for this grant was approved by City Council motion on February 12, 1975. i. That authority be granted for the City as Administrative Unit of the Manpower Consortium, to submit a grant application for a Comprehensive Employment and Training Act Title III 1975 Summer Youth Program for $796,770 to the Department of Labor. The program requests summer work experience for approxi- mately 1,700 disadvantaged youth in the 11 -county Consortium area. j. That authority be granted for the City, as the Administrative Unit of the Manpower Consortium to submit a CETA, Title VI, Grant modification increase of $40,222 for a new total of $810,795. $36,602 will be utilized by the City to provide 16 supervisory positions for a four month Summer Program and $3,620 for Nueces County to provide additional public service employment. The modification was approved April 24, 1975 by the Consortium Executive Board. k. That authority be granted for the City, as the Administrative Unit Minutes Regular Council Meeting June 11, 1975 Page 4 of the Manpower Consortium, to submit a CETA Title I, Grant Modification provid- ing for the following: (1) an increase of $92,627 of Fiscal Year 1974 monies for a new total of $3,566,407; (2) projection of carry-over monies into FY 1976 ($884,373). This money will provide an additional 200 participants in a summer work experience program operated by Corpus Christi Independent School District. 1. That authority be granted for the City as the Administrative Unit of the Manpower Consortium, to submit a grant application fora Summer Youth Recreation Program for $79,390. The community Services Administration, formerly Office of Economic Opportunity, is tentatively allocating this money to the Coastal Bend Manpower Consortium assuming a Congressional appropriation is obtained in the near future. This application is due June 11, 1975, and there- fore has not received Consortium Executive Board approval. The program will provide recreational opportunities such as playground activities, organized sports and games, cultural trips and support transportation for disadvantaged youth in the 11 -county Consortium area. m. That charges for the sale of sludge be amended as follows: 85 lb. bag $1.00 to $2.00 Cubic Yard $5.00 to $7.50 Delivery Charge (4 cubic yds. or more) $2.00 to $5.00 To produce dry sludge, the material must be dried in kilns requiring large quantities of gas. Gas rates have increased more than 400% since November, 1973. At existing prices demand exceeds supply. The price of commercial fertilizer has more than doubled during the last few years. The price of sludge has not been.increased in over 20 years. n. That bids be received at 8:30 a.m., Thursday, June 26, 1975, for demolition of rundown, vacant commercial buildings in the downtown blocks bounded by Water, Peoples, Mesquite, and Starr Streets. The project will eliminate buildings which are fire hazards and havens for vandals and derelicts. The project will utilize the balance of the federal demolition grant of approxi- mately $32,000. Six buildings are involved. The owners have been asked to voluntarily participate. Approximately 50% of the demolition costs will be either paid by the property owners or placed as a lien against the property. Bidders will be asked to bid on each building and indicate what the price will be if they are awarded several or all of the buildings. o. That the Housing Assistance Payment Program application of the Minutes Regular Council Meeting June 11, 1975 Page 5 Corpus Christi Housing Authority be endorsed with the understanding that the Director of Planning and Urban Development and the Executive Director of the Housing Authority resolve a number of minor points regarding the application and that the application include all of the dollars allocated by HUD, either by requesting the maximum number of units allowed or a reduced number of units at an increased rent level. With reference to Item "d" of the City Manager's Reports, Commissioner de Ases suggested that property owners in the excluded portion of the Molina Area Street Improvement Project, be advised of what they can anticipate regarding the improvement of their streets. City Manager Townsend explained that the last portion of this project will be constructed out of second year funding of the Community Development resources, and property owners would be so ad*ised. Mr. Dean Flinn, 618 Carmel, appeared relative to Item "n" for receipt of bids June 26, 1975 for demolition of vacant commercial buildings in the down- town area, and requested that the demolition be delayed until details can be worked out regarding a proposal which he plans to present in approximately two weeks. He questioned if this action as recommended by the City Manager Would be irretrievable. Mr. Flinn would not elaborate on the plans but stated the proposal would encourage development in the downtown area, commenting that demolition of the buildings would accomplish nothing but produce another giant undeveloped parking lot. He stated they do not want the buildings torn down under any circumstances. City Manager Townsend explained that advertising for bids as is recom- mended, is needed at this time to continue on schedule the taking advantage of a federal grant which will expire August 1, 1975. He explained that the demoli- tion process could be delayed if the Council or the property owners involved decided there was another proposal, but pointed out that when the contracts are awarded, the buildings will be demolished, and the grant money will be lost if the options are not kept open. He stated that any alternate proposal should be made quickly and specifically before the contracts are awarded to avoid getting into the position of the owner not knowing what is going to happen. Motion by Lozano, seconded by Tipton and passed, that the City Manager's Reports, be accepted, and the requests and recommendations, Items "a" through "o" be granted, approved and adopted, as presented by City Manager Townsend. Minutes Regular Council Meeting June 11, 1975 Page 6 City Manager Townsend presented for the Council's consideration the following ordinances: FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 38-49, PARTICULARLY AS AMENDED BY ORDINANCE NO. 12209, SO AS TO PROVIDE FOR A SCHEDULE OF RATES FOR DRIED SLUDGE AS HEREINAFTER SET FORTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVID- ING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING SECTION 33A-8 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING PARAGRAPH (a) OF SAID SECTION 33A-8 SO AS TO ALLOW CERTAIN ADDITIONAL CHARGES WHERE UNUSUAL LABOR IS INVOLVED, SUCH AS DISENGAGING OF DRIVESHAFTS, REMOVAL OF TIRES, TOWING OF MOTORCYCLES, OR PULLING A CAR FROM A DITCH, PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gi1l,Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTEN- SION OF THE ASSIGNMENT OF LEASE BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND JAMES D. SPARKS AND CARRIE SPARKS, COVERING THE AIRLINE CATERING KITCHEN FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF SAID EXTENSION AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12634 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF EVERHART ROAD, FROM WILLIAMS DRIVE TO HOLLY ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12635 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE "PLATTING ORDINANCE", AS AMENDED, BY ADDING TO SECTION V, SUBSECTION B, A NEW ITEM, TO BE DESIGNATED AS ITEM 10, REQUIRING AS PART OF THE SUBDIVISION IMPROVEMENTS IN THE CITY OF CORPUS CHRISTI, THE INSTALLATION OF RAMPS FOR THE HANDICAPPED AND BICYCLE USERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting June 11, 1975 Page 7 ORDINANCE NO. 12636 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A CETA, TITLE I, GRANT MODIFICATION FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO THE DEPARTMENT OF LABOR PROVIDING FOR THE FOLLOWING: 1) AN INCREASE OF $92,527 OF FISCAL YEAR 1974 FUNDS FOR A NEW TOTAL OF $3,566,407, 2) PROJECTION OF CARRY-OVER FUNDS INTO FISCAL YEAR 1976 IN THE AMOUNT OF $884,373, ALL AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12637 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT TO THE COMMUNITY SERVICES ADMINISTRATION, REGION VI, DALLAS, TEXAS, A GRANT APPLICATION FOR A SUMMER YOUTH RECREATION PROGRAM IN THE AMOUNT OF $79,390, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID GRANT, IF AND WHEN GRANTED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12638 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR A CETA 1975 SUMMER YOUTH PROGRAM IN THE AMOUNT OF $796,770, FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO THE DEPARTMENT OF LABOR, ALL AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID GRANT, IF AND WHEN APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 12639 AMENDING THE CITY BUDGET; APPROPRIATING $1,045.83 OUT OF THE NO. 220 STREET BOND FUND TO SUPPLEMENT SUMS PREVIOUSLY APPROPRIATED FOR THE CITY'S SHARE OF COST FOR THE CONSTRUCTION OF INTERSECTION IMPROVEMENTS ON SOUTH STAPLES STREET AND SWANTNER STREET EXTENDING FROM 18TH STREET TO ANNAPOLIS DRIVE, AND ON AIRPORT ROAD (F.M. 665) FROM 650 FEET' WEST OF MORGAN STREET TO 500 FEET NORTH OF MORGAN STREET, ALL AS IS PROVIDED UNDER THE AGREEMENT WITH THE STATE HIGHWAY COMMISSION AUTHORIZED BY ORDINANCE NO. 10876, DATED MAY 24, 1972, SAID APPROPRIATION, APPLICABLE TO PROJECT NO. 220-67-94, TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting June 11, 1975 Page 8 ORDINANCE NO. 12640 RELATING TO THE SOUTH TEXAS HIGHER EDUCATION AUTHORITY, INC., APPROVING THE PRESENT DIRECTORS OF SUCH CORPORATION; RESOLVING OTHER MATTERS IN CONNECTION THEREWITH; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12641 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH HELIO L. PEREZ FOR APPROXIMATELY 3200 SQUARE FEET OF SPACE LOCATED AT 900 WESTERN STREET IN ROBSTOWN, TEXAS, FOR A TERM OF 12 MONTHS, FOR USE AS A TITLE VII NUTRITION PROGRAM KITCHEN AND MEAL SITE IN THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12642 CLOSING AND ABANDONING THE WEST THREE FEET OF AN EXISTING BUT UNUSED UTILITY EASEMENT OUT OF LOT 11, BLOCK 7, WESTERN HILLS UNIT #2, AS RECORDED IN VOLUME 38, PAGE 10, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO THE DEDICATION OF AN ALTERNATE THREE-FOOT EASEMENT ADJACENT TO THE EAST SIDE OF THE EASEMENT BY REPLATTING; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote:. Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12643 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT A CETA TITLE VI, GRANT MODIFICATION FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO THE DEPARTMENT OF LABOR PROVIDING FOR AN INCREASE OF $40,222 FOR A NEW TOTAL OF $810,795, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AS EXHIBIT "A", AND MADE A PART HEREOF; AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL REALTED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12644 AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT CONTRACT FOR $18,100 FROM THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION TO CONTINUE SUPPORT OF THE HUMAN RELATIONS OFFICE IN THE HANDLING OF EQUAL EMPLOYMENT DISCRIMINATION CHARGES WITHIN THE CITY, ALL AS MORE FULLY SET FORTH IN THE GRANT CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting June 11, 1975 Page 9 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed unanimously. Mrs. Santos Lazo, who has for the past several months, actively protested the high cost of fuel in the City, appeared and, speaking in Spanish, announced that instead of paying her utility bill, she is depositing the amount of the bill in a savings account and will continue to do this until something is done to lower the cost of gas. She stated she represented all the "little" people of the City who are on limited incomes and cannot afford to pay the rising cost of gas. She stated it had not been explained to her satisfaction where the money goes that is being taken for the fuel adjustment. She complained of continued discourtesies in the Utilities Office, stating that during a previous meeting with members of the staff, they had been told they could wear warmer clothing in cold weather, and that she considered this an insult. City Manager Townsend explained that the fuel adjustment cost had been added to the City's natural gas bills by the Texas Railroad Commission to allow the City's sole supplier, Lo -Vaca Gathering Company, to purchase new gas supplies, and that the City has no control but to pass this cost on to the local consumers. He further advised Mrs. Lazo that refusing to completely pay a utility bill would have the same results as not paying it at all and the staff would have no choice but to have the service disconnected. He further advised that if the present trend continues, fuel cost is likely to continue to increase every month for at least another year. He explained that the advice given by the staff that warmer clothing should be worn during cold weather was meant to emphasize that the only approach to keep the cost down was to consume less gas. He advised Mrs. Lazo that if she wished to withhold payment for her gas, she should indicate on her check that she is paying for garbage, sewer and water, and only the gas would be cut off. Mrs. Lazo told the Council that her meter is read from across the fence and warned that any meter reader who attempts to come through the fence will "have problems". Mr. Townsend stated that if anyone refuses a City employee access to a meter, the total service will be cut off from that account. He explained Minutes Regular Council Meeting June 11, 1975 Page 10 that numerous and lengthy meetings have been held with Mrs. Lazo and her group for the purpose of explaining that the fuel pass through goes through Lo -Vaca Gathering Company and the extra money is spent for the purchase of gas. Commissioner de Ases suggested that another meeting be arranged with Mrs. Lazo with a qualified translator to interpret her statements word for word, and an explanation as to the fuel adjustment made in a way that she could under- stand. He also suggested that if there are any other presentations of this nature, that arrangements be made beforehand for a qualified interpreter. Assistant City Manager Walker explained that an interpretor had been on hand when meetings were held at which Mrs. Lazo complained she had not been treated with courtesy. He assured the Council that they had in no way tried to intimidate Mrs. Lazo and her group but had tried to encourage conservation as the best approach to cut down the cost of gas bills. Mrs. Lazo declined an offer by the Council to arrange another meeting with a qualified interpretor present to explain the fuel adjustment with Lo -Vaca. Mr. Steve Duvall, Boy Scout Leader, appeared and asked the Council to permit free use of boat slips in the Marina for Boy Scouts and an organization called Sea Explorers. He explained that this organization is representative of youth all over the City, and their aim is to make better citizens of our young people. He explained that they are now paying $30 for an unimproved boat slip, and asked if it could at least be reduced. City Manager Townsend explained that granting this request would be setting a precedent which would apply to all organizations in the City and there would be no way to choose which organization should have slips free of charge. He stated the only way to choose would be for the City to become a co-sponsor with the organigation. Mayor Luby and Mayor Pro Tem Tipton expressed interest in the Sea Exployer's program and promised to get in touch with Mr. Duvall at a later time. Mrs. W. B. Carter, owner of a motel on Corpus Christi Beach, appeared and reiterated her complaint that her property is flooded after every rain and feels it is the City's responsibility to correct the problem since the flooding is coming from the street which has been elevated as a result of the extension of the jetties. She stated she had discussed this with Director of Engineering and Physical Development three weeks ago and was told plans were being finalized. She also requested that the City consider the possibility of demolishing an old Minutes Regular Council Meeting June 11, 1975 Page 11 building on Sea Gull Street which was once a five and ten cent store and has been vacant and boarded up for the last 20 years, is an eye sore, and should be torn down. City Manager Townsend reviewed the overall drainage situation on Corpus Christi Beach for the benefit of the new Council. He advised Mrs. Carter that the Engineering staff is actively working on the plans to drain the property complained of by Mrs. Carter. He stated this is high priority but a definite timetable is not possible at this time. Relative to the demolition of the vacant building, he explained the procedures followed for destroying old buildings, stating it must be shown that they are a health and safety hazard. Mr. Calvin Seay complained of illegal use of City vehicles, stating he had observed City employees in shopping centers and restaurants with their families as passengers, and in view of the gasoline shortage and tight budget, this should not be allowed. City Manager Townsend asked Mr. Seay to report to him any vehicle being used for purposes other than City Business, and it would be investigated immediately. Mayor Luby announced the Council would now conduct the public hearings on four zoning cases scheduled for 3:30 p.m. City Manager Townsend presented Application #375-1, Jay -Tee Equities Company, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for an apartment complex to "B-4" General Business District on Lots 1 & 2, Block A -R, Carroll Place Unit 5, located on the northwest corner of Weber Road and Holly Road. The request was heard by the Planning Commission March 18, 1975 and forwarded to the Council with the recommendation that it be denied. The Planning staff's opinion was that "B-4" should not be approved because the property is presently occupied with an apartment use, business zoning would be an intrusion into this residential area, and regardless of the zoning, the signs would be in violation because sign requirements are based on use rather than zoning. He reported that three responses to notices of this hearing had been received in opposition to the requested change of zoning. Chief Planner Larry Wenger presented background information and described the land use and zoning in the surrounding area. He explained that the subject property is completely developed with apartments with some adjacent single family dwellings, duplexes, business property, and some vacant properties presently under Minutes Regular Council Meeting June 11, 1975 Page 12 cultivation. He presented colored slides showing the signs which were on the property before it was purchased by the applicant and signs which have been placed on the property since it was purchased and which are in violation of the zoning ordinance. He explained that the reason for this request is to obtain the proper zoning for the four signs which have been filed on by the City as in violation. Mr. John Brooke, attorney representing the applicant, stated Mr. Wenger was correct in his atatement that the reason for the request is related to the sign problem. He stated this is the only reason for the request. He did not agree that the signs were constructed after his client purchased the property, but stated they had been there for a long time and had been repainted after the property was purchased. He stated it is the City's position that the signs are in violation because they were not specifically provided for in the Special Permit originally granted; that it is his contention that the City was at fault in grant- ing a special permit which did not provide for signs because there is no way to operate an apartment complex without signs. City Manager Townsend explained that the issue before the Council is a change of zoning to permit the additional signs. He stated if it could be shown that there had been no signs added since.the property was purchased by the applicant, he would overrule the Building Division's decision. Mr. Brooke stated he had asked for a delay in the process until the sign ordinance is adopted; that if one or two of the existing signs are offensive to the City, his client would be willing to remove them, but they cannot operate without signs and seems unreasonable to be required to redesign the signs now in view of the pending sign ordinance. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Gill, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application 11375-1, Jay -Tee Equities Company, for change of zoning from "R -1B" One -family Dwelling District and a Special Permit for an apartment complex to "B-4" General Business District on Lots 1 & 2, Block A -R, Carroll Place, be denied. City Manager Townsend presented Applications #375-4, Paul & Pamela Wondolowski, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on a portion of Lot 14, Section 53, Flour Bluff & Encinal Farm and Garden Tracts, fronting 50' along Caribbean Drive, 250' Minutes Regular Council Meeting June 11, 1975 Page 13 southeast of Waldron Road; and Application #375-5, Horace Brown, for change of zoning from "R -1B" One -family Dwelling District to "B-4" Neighborhood Business District on a portion of Lot 14, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, fronting 100' along Caribbean Drive, 320' southeast of Waldron Road. Mr. Townsend explained that the foregoing requests had been heard by the Planning Commission on March 18, 1975 and were presented simultaneously since they are separated by a 20' roadway easement. Three letters were received since the Commission hearing in favor of Application #375-4 (Wondolowski), and one in opposition. The recommendation of the Planning Commission was that both applica- tions be approved as logical extensions of the existing "B-1" District adjacent to the northwest. The Planning Staff was of the opinion that since the two requests front along a collector type street, approval would encourage a continuous business strip, and recommended denial. Mr. Wenger pointed out the land uses on the map, and explained that the two applicants are prospective purchasers of the respective properties and that prior to selling the properties to these purchasers, it was the responsibility of the owner to plat, and if this was not done, it could possibly result in a law suit against the original owner. No one appeared in favor or in opposition to the foregoing requests. Motion by Lozano, seconded by Tipton and passed, that the hearing on Application #375-4, Paul & Pamela Wondolowski, be closed. Motion by Gulley, seconded by de Ases and passed, Gill and Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #375-4, Paul & Pamela Wondolowski, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Lot 14, Section 53, Flour Bluff & Encinal Farm and Garden Tracts, fronting 50' along Caribbean Drive, 250' souteast of Waldron Road, be approved as requested and an ordinance be brought forward effectuating the change. Motion by Lozano, seconded by Gulley and passed, that the hearing on Application #375-5, Horace B. Brown, be closed. Motion by Gulley, seconded by de Ases and passed, with Gill and Luby voting "Nay", that the recommendation of the Planning Commission be concurred in and Application #375-5, Horace B. Brown, for change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District on a portion of 1 Minutes Regular Council Meeting June 11, 1975 Page 14 Lot 14, Section 53, Flour Bluff & Encinal Farm & Garden Tracts, fronting 100' along Caribbean Drive, 320' southeast of Waldron Road, be approved as requested and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #475-2E, Corpus Christi Osteopathic Hospital, for an Exception to the Screening Fence Requirement along the north and west property lines of Lots 1 and 2, Copps Subdivision, located on the north side of Tarlton Street between Fig Street and Churchill Drive. The request was heard by the Planning Commission April 15, 1975 and forwarded to the Council with the recommendation that it be approved along the north property line adjacent to the H.E.S. Park area but that it be denied along the west property line abutting the residential properties. Mr. Townsend stated two responses to this hearing had been received in favor of granting the Exception as requested. The Planning staff concurred in the recommendation of the Planning Commission. Mr. Wenger made a slide presentation of the Hospital area, the H.E.B. Park, residential dwellings located adjacent to the west, and a nursing home facility located across Fig Street. Mr. John Martin, architect of the firm of Bennett, Martin and Solka, described the hospital complex from a sketch; described stages of proposed expansion including the additional wing under construction. He pointed out that the screening fence requirement was not in force at the time of the previous construction, and that a cyclone fence is presently located along the north and west property lines which has been adequate since the hospital was constructed in 1962. He further pointed out that during the construction period, the green areas adjacent to the ambulance service drive, are being used for parking by construction workers, but when the work is completed, these lawn areas will be reestablished and landscaped which will improve the appearance of the hospital. He emphasized that they have lived in harmony with the neighbors since 1962 and there have been no complaints; that he has communicated with the pastor of the church located across the street, and the property owners and tenants of the residences and occupants of the nursing home, and all are opposed to the construction of a fence along the north and west property lines. Mr. C. V. Longoria, 3026 Churchill Drive, expressed concern as to who would be responsible for keeping the area clean from blowing debris between the private fences and the hospital fence if it is constructed, and was concerned that the vandalism resulting from the existing protected area would worsen if the fence Minutes Regular Council Meeting June 11, 1975 Page 15 is constructed, therefore, he is in favor of the variance of the fence requirement. Motion by Tipton, seconded by Gulley and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley and passed, that Application #475-2E, Corpus Christi Osteopathic Hospital, for an Exception to the Screening Fence Requirement along the north and west property lines of Lots 1 and 2, Copps Sub- division, be granted with the condition that the green area within 75 feet of the west property line facing the residences on Churchill Drive, must remain a landscaped area with no other uses, and an ordinance be brought forward effecutat- ing this action. A report was received from Mr. George Young that he would pay the rental for the boat slip in the Marina for the use of the Sea Explorers in response to the appeal of Boy Scout Leader, Mr. Steve Duvall made earlier in this meeting. ORDINANCE NO. 12645 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF PAUL AND PAMELA WONDOLOWSKI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 14, SECTION 53, FLOUR BLUFF AND ENCINAL FARM & GARDEN TRACTS, MORE FULLY DESCRIBED HEREIN, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill, present and voting "Nay". ORDINANCE NO. 12646 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF HORACE B. BROWN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 14, SECTION 53, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, MORE PARTICULARLY DESCRIBED HEREIN, SITUATED IN THE CITYOF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCE IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill, present and voting "Nay". There being no further business to come before the Council, motion by Tipton, seconded by Gill and passed, that the meeting be adjourned at 4:45 p.m., June 11, 1975.