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HomeMy WebLinkAboutMinutes City Council - 06/18/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 18, 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 Sample 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 Reverend Lloyd Scott, Associate Pastor of Bay Shore Evangelical Free Church. City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby announced issuance of proclamations relative to the follow- ing: SPARKLELINE WEEK, June 23 through June 27, 1975; FAMILY TENNIS WEEK, June 21 through June 29, 1975; and BLACK AWARENESS WEEK, June 16 through 21, 1975. Motion by Lozano, seconded by Tipton and passed, that the Minutes of the Regular Council Meeting of June 4, 1975 be approved. Motion by Lozano, seconded by Gulley and passed, that the following appointments and reappointments to Boards & Commissions be confirmed and approved: Building Code of Appeals: J. R. Fulton and R. C. Garcia, reappointments; Coastal Bend Council of Governments: Non -Elected Officials: Rev. Harold T. Branch; Alternates: R. Marvin Townsend, Archie Walker, Duaine Orr, Ernest Briones, and Robert Schneider; Elected Officials: Mayor Jason Luby, Gabe Lozano, Sr., Mayor Pro Tem Bill Tipton, Ruth Gill and Bob Gulley; Alternates: Eduardo de Ases and Edward Sample. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related explanations and comments, as follows: a. That a public hearing be held on the following zoning applications during a Special Council Meeting at 3:30 p.m. on July 9, 1975: (1) City of Corpus Christi - "R -1B" to "I-2", located along the east side of Waldron Road 135' south of South Bayberry Place. (2) Mr. Theo Benford & Mrs. Nelda Collins dba Collins Catering, "R -1B" to "B-4", located east side of Flour Bluff Drive 420' north of South Padre Island Drive. (3) Mr. Raymond Barnes, "A-2" to "B-1", located on the northwest corner of Artesian and Comanche Streets. Minutes Regular Council Meeting June 18, 1975 Page 2 (4) Mrs. Louise F. Vickers, "B-1" to "B-4", located on the southeast corner of Candlewood and South Padre Island Drives. (5) Mr. Herbert Alexander, Tract A: "R -1B" & "R-2" to "A-1"; and Tract B: "R-2" & "A-1" to "B-1", located west on Waldron Road north of Purdue Road. b. That a lease between Mr. Carter Younts and the Lower Nueces River Water Supply District be approved for the balance of 1975 thru February 20, 1977. This property was originally leased to Mr. D. D. Petty who defaulted.' Mr. Younts has agreed to continue the lease for the balance of the 5 -years under the same terms which is $5.75 per acre per year for grazing rights. Mr. Younts presently leases tracts on both sides of the property. c. That the five tracts of land owned by the Lower Nueces River Water Supply District at Lake Corpus Christi be designated as game preserves under the jurisdiction of the City and the Texas Department of Parks & Wildlife. If approved, the City will post signs and State game wardens will police the designated game preserve areas for the City and the District. Designation as a game preserve will make hunting illegal without otherwise affecting the property. d. That leases be awarded for 4 tracts of Coastal Public Lands along the John F. Kennedy Causeway for Graham's Bait Stand, Parker's Bait Stand, Witt's Bait and Tackle, and Fisherman's Folly. Negotiations with the operators have resulted in substantial agreement. The rent which has been paid since February 1971 will continue, with additional provisions that an alternate payment of 1% of the annual gross receipts would be paid if it exceeds the basic rental, and that increases in rent up to 20% could be established by the City Council at two year intervals. The agreements expire October 24, 1979, but can be extended for an additional five years. Rents and hours of operation for each franchise will be as follows: Franchise Annual Rental Hours of Operation Graham's Bait Stand . $1,080 Every day 6 AM - 12 PM Parker's Bait Stand 936 Every day 6 AM - 2 PM Witt's Bait and Tackle 864 Thursday - Monday Sunrise - Sunset Fisherman's Folly 864 Every day 7 AM - 9 PM The City is sub -leasing these lands under a lease agreement with the School Land Board which provides that 1/3 of the revenue received goes to the School Land Board and another 25% is placed in an interest-bearing trust account to finance future improvements. e. That the West Port Area and Everhart Road Street Improvement project be accepted and final payment of $26,004.90 be made to H -S Green Company for a total of $261,176.30. Several outstanding claims have been made against this Minutes Regular Council Meeting June 18, 1975 Page 3 contractor by local subcontractors and material suppliers. The Legal Department recommends release of the final payment and that recovery for claims be made by subcontractors through the bonding company. It is further recommended that $1,200 be charged for liquidated damages for failure to complete on time. The contract time was exceeded by 35 days but only 12 days of liquidated damages at $100 per day are recommended because of delays caused by rain and utility relocations. It is also recommended that the final assessment roll of $78,687.35 be adopted. The following streets were included: ' (1) Sarita Street, from Morgan Avenue to Baldwin Boulevard (2) Niagara Street, from Belton Street to Burnet Street (3) Bertram Street, from Belton Street to Burnet Street, and (4) Everhart Road widening for turning lanes at Padre Island Drive f. That a five-year lease agreement be authorized with Tract 16 Neighbor- hood Council for City -owned tax foreclosure property located at 2835 Blake Street for a Community Center. The Tract 16 Council will move a building to the site. Approved by previous Council April 9, 1975 but the lease could not be acted on because of the moratorium. g. That two change orders be approved for the Auditorium as follows: (1) The installation of an emergency generator system, power -driven in lieu of the battery system specified, for a reduction of $8,728. (2) The installation of asbestos curtain and orchrestra pit covers as called for in Alternate 11-A of the original contract documents of $108,596. The contractor originally bid $161,000 for this item but there was an apparent error. The appropriation ordinance included $128,000 for this work but did not authorize the alternate until the price had been negotiated. Since both items are reduc- tions, no additional appropriation is required. h. That Change Order No. 6 for $5,726 to the Airport Tower project be approved for the following modifications: (1) The addition of four 3" conduits from the generator to the building to serve the revised location and size of the emergency generator - $4,631. (2) The relocation of air conditioning coils, thermostat and some air handlers in the third floor of the existing tower building to allow for the installation of air conditioning ducts - $1,095. The total cost will be amortized by F.A.A. through the proposed 15 -year lease agreement. No additional appropriation is needed. i. That fire breaks be required where large undeveloped parcels of land are overgrown with brush and weeds such as in Flour Bluff. All brush, grass or weeds within 50' of the property line of any adjacent property which is developed and contains a structure thereon and within 20' of the property line adjacent to any public right-of-way, would be required to be maintained at a height no greater than 24" rtes regular Council Meeting June 18, 1975 Page 4 and all branching growth and leafy foilage would be required to be removed which is five feet or less above the ground. The Fire Chief would be authorized to require greater fire protection measures. Violations would be declared a public nuisance and upon failure of the owner to abate within 30 days, the City could abate the nuisance and asses the cost as a lien against the property. Recent fires in the Flour Bluff area have emphasized the need for this ordinance. A petition requesting its passage has been signed by 48 residents in the Bayberry Terrace subdivision area. J. That authority be granted for the City, as the Administrative Unit of the Consortium, to enter into a CETA, Section 112, Non -Financial Agreement with the Texas Board of Vocational Education for 1976. The program will provide vocational education services and activities to eligible participants in the Consortium area at $149,269 of which $13,883 is administrative cost. Services will be directly provided by Del Mar College, Bee County College and Education Service Centers in Alice, Beeville and Corpus Christi. • k. That the request of Mr. James L. Brozo to install a 24 foot drive and 76 feet of landscaped screening of trees and bushes in lieu of 100 feet of three feet high masonry wall be approved along Holmes Drive between Padre Island Drive and Mt. Vernon. The property owners agreed in 1969 to maintain the wall for a distance of 150 feet along Holmes Drive extending from Mt. Vernon Drive when the property was rezoned. A restaurant will be constructed with the entrance off of Holmes. (See subse- quent motion relative to this item). Mr. John H. Scott, Chairman of Tract 16 Neighborhood Council, thanked the Council and staff for what has been done leading to a five-year lease agreement of City -owned property located at 2835 Blake Street whereby Tract 16 Council will be permitted to move a building to the site for use as a Community Center. He said they had hoped for a longer lease but would accept it as written. Mr. Jim Wells, 1818 Graham Road, spoke in opposition to the staff proposal (Item "i") to require 50 -foot fire breaks where undeveloped parcels of land are over- grown with brush and weeds. He protested on the basis that the requirement would place the burden of fire protection on individual property owners rather than on the City, putting the owner of undeveloped property in the position of having to pay to protect developed property. He pointed out that the source of fires are on developed land. City Manager Townsend reviewed the two ordinances now in effect for the control of weeds in the City as determined by the Director of Health to be a health Minutes Regular Council Meeting June 18, 1975 Page 5 hazard, and pertaining to the care of premises which involves accumulation of junk lumber, brush, or anything that might contribute to the health and safety of the public. He explained that these ordinances have not been sufficient to address to Targe parcels of brush land. He explained that the purpose of this ordinance is+t, not addressed to property such as Mr. Wells' but to brush land and the purpose of this ordinance is aimed at Flour Bluff where there have been some large brush fires in_ recent years. Mr. Wells stated the recommended 50 -foot break would not prevent a fire, and contended that if he is required to maintain a 50 -foot area, in his case, he would have to maintain five acres of ground. He also questioned the reference to "weeds" in the ordinance, stating a person should be allowed to grow anything he chooses, and if asked to cut the growth, personal privacy is being violated. Commissioner de Ases pointed out that the proposed ordinance is being presented on first reading, and if Mr. Wells has reservations regarding the wording, that he discuss this and the location of his property with Administrative Assistant, Tom Basile, and that his comments and suggestions be submitted to the staff and brought before the Council for consideration before the second reading. Motion by Lozano, seconded by Tipton and passed, that the City Manager's Reports be accepted, and Items "a" through "k" be granted, approved and adopted, as. presented by City Manager Townsend. City Manager Townsend discussed the item relative to Mr. Jack Irwin's appeal of the Coliseum Manager's decision not to award the 5 percent athletic rate for two closed circuit television events of the past year. He explained that Mr. Irwin's Coliseum 12 -month contract period expires the 19th day of June and he has only had seven live boxing events, but that eight events are required to qualify for the special low -rent rate. He stated the staff feels the 5 percent rate is supposed to apply only to live athletic events; that closed circuit television events are not the same, and should be charged the 10 percent rate. He commented that the Council should be considering increasing the rates rather than lowering them because of increased operating costs. He also pointed out that making the closed circuit events retroactive would mean that, in addition to his not being penalized, the City would have to refund him for $2,100 for the 10 percent rate he paid on the two television events held this year. Minutes Regular Council Meeting June 18, 1975 Page 6 Attorney Robert Blackmon, speaking for Mr. Floyd Emerson, local wrestling promoter who was in the audience, expressed concern about any increase in Coliseum charges, quoting Attorney Harry Hoag as saying Mr. Erwin is principally interested in fights and is not making any money. He suggested that the ordinance be amended to the effect that the number of events needed to qualify for the 5 percent rate be lowered from eight to seven in a 12 -month period, with not more than two events on closed circuit, and that this action be made effective as of this date. Motion by Tipton, seconded by Lozano and passed, that the Coliseum and Exposition Hall ordinance be amended to the effect that the number of athletic events needed to qualify for the 5 percent rate on live sporting events be lowered from eight to seven in a 12 -month period, of which no more than two may be closed circuit events, past and made effective this date, and that the 10 percent rates on/closed circuit TV be retained. City Manager Townsend presented the following ordinances for the Council's consideration: FIRST READING OF AN ORDINANCE RELATING TO CONTROL OF PARCELS OF LAND WHEREIN THERE EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER HAZARDOUS WASTE OR REFUSE, WHICH IN THE JUDGMENT OF THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE, CONSTITUTES A FIRE HAZARD; PROVIDING FOR FIRE BREAKS WHERE DEEMED NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PROVIDING FOR NOTICES TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER; PROVIDING FOR A LIEN TO CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW; PROVIDING SEVERABILITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, Gill, Lozano and Sample and de Ases, voted "Aye"; Luby'voted "NAy", and Gulley abstained. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING THERETO A NEW SECTION, NUMBERED 9-84, SO AS TO ESTABLISH THE FIVE TRACTS OF LAND OWNED BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AT LAKE CORPUS CHRISTI AS GAME PRESERVES UNDER THE JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE TEXAS DEPARTMENT OF PARKS & WILDLIFE. 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". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ADOLPH WITTNER, DBA WITT'S BAIT AND TACKLE, CONCERNING USE OF TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT 'A", IS MADE A PART HEREOF. 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". Minutes Regular Council Meeting June 18, 1975 Page 7 FIRST READING OF AN ORDINACE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FLOYD BEAUREGARD DBA FISHERMAN'S FOLLY CONCERNING USE OF TRACT 7 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. 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". FIRST READING OF AN CRDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH F. J. GRAHAM DBA GRAHAM'S BAIT STAND CONCERNING USE OF TRACT 3 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. 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". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FRANK MOORE DBA PARKER'S BAIT STAND CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSE- WAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. 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". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE TRACT 16 NEIGHBORHOOD COUNCIL LEASING TO THE COUNCIL THE PROPERTY AT 2835 BLAKE STREET FOR USE AS A COMMUNITY CENTER BY MOVING ONTO THE PROPERTY A BUILDING PRESENTLY OWNED BY THE CENTER, ALL AS SET FORTH IN THE LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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 THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 38-49, PARTICULARLY AS AMENDED BY ORDINANCE NO. 12209, SO AS TO PROVIDE FORA SCHEDULE OF RATES FOR DRIED SLUDGE AS HEREINAFTER SET FORTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12647 THIRD 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 TABOR IS INVOLVED, SUCH AS DISENGAGING i.�..utes Regular Council Meeting June 18, 1975 Page 8 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12648 AMENDING ORDINANCE NO. 12191, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 24TH DAY OF JULY, 1974, PERTAINING TO THE FOLLOWING STREETS: 1. Sarita Street, from Morgan Avenue to Baldwin Blvd.; 2. Niagara Street, from Belton Street to Burnet Street; 3. Bertram Street, from Belton Street to Burnet Street; and 4. Everhart Road, from approximately 300 feet south and 370 feet north of frontage roads adjacent to South Padre Island Drive, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY PROVIDED HEREINAFTER; 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. 12649 AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO A CETA, SECTION 112, NONFINANCIAL AGREEMENT FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, WITH THE TEXAS BOARD OF VOCATIONAL EDUCA- TION FOR FISCAL YEAR 1976, AT A COST OF $149,269, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING 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. 12650 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 PARTICUTARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CORPUS CHRISTI OSTEOPATHIC HOSPITAL, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REtQUIREMENT ALONG THE NORTH AND WEST PROPERTY LINES OF LOTS 1 AND 2, COPPS SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting June 18, 1975 Page 9 Commissioner Gulley commented that he had abstained on the ordinance relating to control of land that is overgrown with weeds until he is furnished more information, including a map showing the property involved with street names, and a copy of the proposed ordinance. City Secretary Read stated that according to his tabulation, all ordinances had passed with votes as noted. Mr. Jack Pedigo, attorney representing Mr. Jesse D. Hall, appeared and stated it was his impression that he was to have received a report from City Manager Townsend following his appearance before the Council on May 28 in connection with Mr. Hall's arrest for speeding on January 10. He inquired if Mr. Townsend's investi- gation had closed the matter of the alleged brutality involved in the arrest. He restated his complaint that the destruction of tapes prior to the trial in this case was an obstruction of justice and stated there should be some regulation established for the preservation of such tapes. Mr. Townsend stated that an investigation of this case had been made and a report furnished the Council. He explained that there had been some misunderstanding regarding the tapes, the officer had been chastised, and he would arrange to have Assistant City Manager Walker discuss the report with Mr. Pedigo. Mr. Albert Campbell, 4918 Janet, spoke in opposition to the recommendation of the City Manager that the request of Mr. James L. Brozo to install a 24' drive and 76 feet of landscaped screening of trees and bushes in lieu of 100 feet of three feet high masonry wall. He reminded the Council that when this property was rezoned in 1969, Ennis Joslin and Roy Smith signed a three-way agreement that,a'wall would be constructed and maintained for a distance of 150 feet along Holmes Drive and Mt. Vernon, construction of. sidewalks, and traffic routed to Padre Island Drive. He stated the property owners feel the original contract should be complied with, and requested reconsideration of this item (Item "k"). Motion by de Ases, seconded by Gill and passed, that Item "k" of the City Manager's Reports be considered next week and both involved parties be present and present their views of the matter. Mr. Bryan L. Hamon, who was granted a 4 -month concession on McGee Beach June 4, appeared and requested that he be permitted to move an 8' x 10' portable building to the sidewalk at the top of the steps, stating the reason for the request was a history of vandalism at the beach level. • City Manager Townsend explained that this question had been presented and discussed at the time the lease was granted, and it had been made clear that this Minutes Regular Council Meeting June 18, 1975 Page 10 request could not be granted, and the recommendation of the staff had been made on the basis that the structure be placed at the bottom of the steps. He commented that after construction is completed on McGee Beach, the concession will be inside the building, and it is possible a watchman will be on duty during the summer. The Council unanimously agreed that Mr. Harron should not be permitted to move the concession to the sidewalk at the top of the steps because of general opposition from the public. Mayor Luby announced the Council would now hold the public hearings on four zoning cases scheduled for 3:30 p.m. City Manager Townsend presented Application #475-3, James F. Boudreau, Sr., for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Busi- ness District, on a 10.00± acre tract out of 70 acres of the Gregorio Farias portion of Barranco Blanco Grant, located on the north side of UpRiver Road approximately 1,800+ feet east of State Highway 77 at Five Points. The application was heard by the Planning Commission April 15, 1975, and forwarded to the Council with the recom- mendation that it be approved as submitted. The Planning Staff concurred in this recommendation in view of the existing "B-4" zoning along both sides of the property and its location on Highway 77. No one appeared in opposition to the foregoing request. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Lozano, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #475-3, James F. Boudreau, Sr. for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a 10.00+ acre tract out of 70 acres of the Gregorio Farias portion of Barranco Blanco Grant, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #475-4, James H. Young, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District on Lots 24, 25 and 26, Block 24, Del Mar Addition, located on the south side of Clifford Street midway between South Alameda and Lawnview Streets. The application was heard by the Planning Commission on April 15, 1975 and forwarded to the Council with the recommendation that it be approved as submitted. The Planning Staff recommended denial on the basis that it would be an intrusion into an established single-family residential area and the streets would be overly congested since the Minutes Regular Council Meeting June 18, 1975 Page 11 streets are narrow and one-way and any additional density would increase this con- gestion. Mr. Townsend reported that in response to notification letters of this hearing, five letters had been returned in opposition and two in favor of the requested change in zoning, the opposition generally based on the narrowness of the street, insufficient parking space, and out of character with the neighborhood. Chief Planner Larry Wenger made a colored slide presentation of the general area and described the zoning and land use surrounding the property. He stated the opposition was sufficient to envoke the 20 percent rule. Mr. James H. Young, applicant, spoke on behalf of his request, stating he is in the real estate business and in a position to be knowledgeable in this field. As to the intrusion into the residential area, he stated it is a question as to. where the line should be drawn between the residential and "A-2" zoning. He stated it is his opinion that the request is logical, the area is not suitable for single- family uses and there will be no new construction in that area. He pointed out that there is "A-2" zoning 110 feet from this property; there is a definite need for apart- ments due to its close proximity to Spohn Hospital and the 6 Points and downtown areas; it will be /an asset to the community; there will be adequate parking; and will be tax revenue to the City. No one appeared to speak in opposition to the foregoing request. Motion by de Ases, seconded by Tipton and passed, that the hearing be closed. Motion by Gulley, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #475-4, James H. Young, for change of zoning from "R -1B" One -family Dwelling District to "A-2" Apartment House District, on Lots 24, 25 and 26, Block 24, Del Mar Addition, be approved as submitted, and for an ordinance be brought forward effectuating the change. Mayor Luby announced the bid opening scheduled for 4:00 p.m. Bids were opened and read by Director of Engineering & Physical installation of new electrical panels, additional electrical conduit Development and wiring, and the necessary electrical receptacles for various offices and classrooms on the first and second floor of Washington School (HIALCO Center), from the following firms: N. R. Johnston Electric, Inc.; Scott Electric Company; Bodine Electric Company; Milford E. Zuch Company; Clements Electric, Inc.; and Mathieu Electric Company. Mr. Lontos explained that the building is being leased by the City from the School District for use as a Senior Citizens center and part subleased for the HIALCO Community Center. Minutes Regular Council Meeting June 18, 1975 Page 12 This project is included in the first year of the Community Development Program. 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 Zoning Application #475-5, Sam Perkins and Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District on a portion of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of McArdle Road 750' west of Ennis Joslin Road. The request was heard by the Planning Commission April 15, 1975 and forwarded to the Council with the recommendation that it be approved as submitted, The Planning staff concurred in this recommendation on the basis that it would be a logical extension of the existing "A-1" zoning in the area. Mr. W. H. Stahl, 3119 McArdle, spoke in opposition to this request. Motion by Tipton, seconded by Sample and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #475-5, Sam Perkins and Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment Douse District on a portion of Lot 3, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, be approved as requested, and an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #475-8, H. E. Butt Grocery Company, for change of zoning from "B-1" Neighborhood Business District and "I-2" Light Industrial District to "B-4" General Business District on a 4+ acre portion of the Foresman Tract, located between Baldwin Boulevard and Morgan Avenue 113+ feet east of Rosewood Street. The request was heard by the Planning Commission on April 15, 1975, and forwarded to the Council with the recommendation that it be approved as requested. The Planning staff recommended denial on the basis that there are adequate signs on the subject property with one freestanding sign and one sign flat against the building along both Morgan and Baldwin, and on the basis that the character of the adjacent neighborhood should hn prnanrvad. Mr. Wenger described the land use and zoning in the surrounding area trom colored slides. He explained that the request is being made for "6-4" to replace an existing sign and at the sane time acquire one zoning category for the entire LnacL. Mr. David Reeves, Gulf Breeze Street, stated it was his opinion that the signs should be limited to those presently existing, and that this condition should be written into the ordinance, should the request be granted. Minutes Regular Council Meeting June 18, 1975 Page 13 Mr. Bob Sorrell, Jr., spoke representing the applicant and explained that they are in the process of remodeling the shopping center and are requesting "8-4" in order to replace an existing sign and at the same time acquire one zoning category for the entire tract. He stated no bill boards are contemplated. Mr. Ralph Hall, 807 North Upper Broadway, employee of H.E. Butt Grocery Company, explained the plans to reconstruct the existing sign to change from Thrift -Tex to H.E.Butt. He pointed out that the freestanding sign does not exceed the limits of the "B-4" zoning District; explained that the property is totally fenced except for the area of the truck ramps and incinerator; and stated this would be a logical zoning for the entire tract. Motion by Gulley, seconded by de Ases and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #475-8, H. E. Butt Grocery Company, for change of zoning from "B-1" Neighborhood Business District and "I-2" Light Industrial District to "B-4" General Business District on a 4+ acre portion of the Foresman Tract, be approved as requested and an ordinance be brought forward effectuating the change. ORDINANCE N0. 12651 AMENDING CHAPTER 12, COLISEUM AND EXPOSITION HALL, OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 12-32 OF SAID CODE TO APPLY THE CLASS V, ATHLETIC EVENT RATE TO A SERIES OF SEVEN ATHLETIC EVENTS OF WHICH NOT MORE THAN TWO MAY BE CLOSED CIRCUIT TELEVISION EVENTS; 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. 12652 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 JAMES F. BOUDREAU, SR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 10 ACRES MORE OR LESS, OUT OF 70 ACRES OF THE GREGORIA FARIAS PORTION OF BARRANCO BLANCO GRANT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Le Minutes Regular Council Meeting June 18, 1975 Page 14 ORDINANCE NO. 12653 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 PARTICUTARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JAMES H. YOUNG BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 24, 25, 26, BLOCK 23, DEL MAR ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT; KEEP- ING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12654 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 SAM PERKINS AND CHARLIE L. BELLAH BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 3, SECTION 28, FLOUR BLUFF AND ENCINAL FARM AND CARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE 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: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12655 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 H. E. BUTT GROCERY COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON THE FORSMAN TRACT, FILED OF RECORD IN VOL. 17, PAGE 49, NUECES COUNTY MAP RECORDS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1 NEIGHBORHOOD BUSINESS DISTRICT AND "I-2" LIGHT INDUSTRIAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEAL- ING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mr. David Reeves stated that he had noticed from a newspaper item that the City of Houston had approved an ethics policy relating to the conduct of all City employees,applicable to the mayor on down, that anything received in the way of gifts be reported to the news media, and requested that this Council consider a.similar action. There being no further business to come before the Council, motion by Tipton, seconded by de Ases and passed, that the meeting be adjourned at 4:40 p.m., June 18, 1975.