HomeMy WebLinkAboutMinutes City Council - 07/02/1975MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
July 2, 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 Jim McKibben
Assistant City Attorney Bob Coffin
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 Lozano is the absence of the,
invited Chaplain.
City Secretary Bill G. Read called the roll of those in attendance.
Motion by Tipton, seconded by Lozano and passed, that the Minutes of the
Regular Meeting of June 11, 1975 be approved as submitted to the Council.
Mayor Luby proclaimed the week of July 2 through July 9, 1975, as AMERIC1
APPRECIATION WEEK.
City Manager Townsend read the list of nominations for appointment to the
Coastal Bend Manpower Advisory Council as follows: Adan Alaniz, Johnny Bilano,
Steve Farrell, John Forehand, Joe Longoria, James Wostely, Doug Williams, Dr. Coltilde
Garcia, Al McRae, Vernon Coleman, and Glen Kost.
Motion by Gill, seconded by Tipton and passed, that the foregoing nominations
for appointment to the Coastal Bend Manpower Advisory Council, be approved and
confirmed.
Motion by Gulley, seconded by Lozano and passed, that Oscar Hinojosa be
appointed to the Human Relations Commission, replacing Abel Gonzalez, resigned.
Motion by Gill, seconded by Lozano and passed, that Geneen McMasters be
appointed to the Human Relations Commission, replacing Mrs. Betty Horner, resigned.
an excerpt from a
Commissioner Gill read / letter addressed to Reverend Harold Branch, Chairman
of COG, dated June 2, 1975, from Mr. Alfredo Garcia, Chief, Civil Rights Division,
U.S. Department of Commerce, which stated that the composition of the the local
governing body of COG does not meet minority representation requirements and is not
in compliance with EDA Directive 7.06.
Motion by de Ases, seconded by Tipton and passed, that the foregoing nominations
for appointments to COG be tabled. Commissioner Gulley voted "Nay". Commissioner
de Ases stated he felt the Civil Rights Chief's letter to Reverend Branch on the
Minutes
Regular Council Meeting
July 2, 1975
Page 2
matter of minority representation should be circulated to the Council for
reference to be in compliance with the guidelines set forth for this very
important appointment.
Mayor Luby 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 on the following honing applications
at a Special Council Meeting at 3:30 p.m., on August 6, 1975:
(1) McDonald and Miller Mechanical Construction Company - "A-2" to
"I-2", on the southwest corner of Morris Street and South
Alameda Street.
(2) Radio KCCT, Inc. - "R -1B" to "B-4", approximately 300' north
of Leopard Street on the west side of Benys Road.
(3) Poindexter & Wharton Sales Corporation - "A-1" & Special
Permit to "B-1" on the south side of Winnebago Street east of
Brownlee Boulevard.
(4) Mr. James L. Nichols, Jr. - "R-2" and "R -1B" to "B-4" on the
northwest corner of Dorothy Drive and McArdle Road.
b. That a contract for construction of two isolatipn pens for sick
animals at the animal pound be made to E. J. Netek Construction Company on the
basis of low bid of $2,625. Three bids were received.
c. That the CPA firm of Gowland, Kincaid, Guy, Fancher & Davis be
employed to audit the Tax Division for the year ending July 31, 1975. This
firm audits the Corpus Christi Independent School District. The City has
customarily employed the District's auditors for the Tax Division audit. Cost
of the audit will be $1,000.
d. That the speed limit be increased through the Midtown Exchange and
on Laredo and Agnes Streets, west to Staples Street, from 30 mph to 35 mph.
Studies by Traffic Engineering indicate that 35 mph is a safe speed. The Traffic
Safety Advisory Board so recommends.
e. That the McGee Beach Sandfill Improvements be accepted and final
payment of $7,674.73 for a total of $32,742.42 be made to Leopard Construction
Company. A change order for a different source and an increased amount of sand
was approved by the prior Council, but it was found that this material was not
as originally expected and therefore, the change order was cancelled. A total
of 4,225 cubic yards of material was placed compared to 4,000 cubic yards
indicated in the original contract. The sand was placed on the south 60% of
Minutes
Regular Council Meeting
July 2, 1975
Page 3
the beach. Goldston Company, the contractor on the McGee Beach Improvements,
has moved an additional 2,000 cu. yd. from north of the existing groin in front
of the Coliseum to the north 40% of the beach.
f. That the General Fund be reimbursed $204,876.72.for engineering
services during the Second and Third Quarters of 1974-75 (November 1, 1974
through April 30, 1975) for work performed on various Bond Fund Projects. An
appropriation of $165,016.37 is recommended to supplement $39,860.35 in existing
appropriations.
g. That the contract for construction of Airport Parking Lot Improve-
ments be awarded to Paving, Incorporated, and Haas Trucking Company for
$78,907.50 and $79,000 be appropriated, including related costs. The project
includes 112 new parking spaces, resurfacing and improvements to the existing
lot and redesign of access to the expanded Tower.
h. That the assessment hearing on the Washington -Carver Area Unit I
Street Improvements be closed and the assessment roll be adopted as corrected.
It is further recommended that contracts for construction of the two phases of
the project be awarded to the low bidders as follows:
Phase A
Phase B
Asphalt Paving & Construction Co.
Asphalt Maintenance Co., Inc.
$503,833.41
$288,794.60
and that $840,000 be appropriated for the construction contracts, engineering
and related expenses from Community Development Block Grant.
i. That authority be granted to submit a contract modification to the
Coastal Bend Council of Governments to increase funding for,the Senior Community
Services Program for March 1, 1975 thru February 28, 1976 from $61,800 to
$76,653 for additional costs of supportive services such as utilities, chemical
and household supplies, and building and equipment maintenance. No additional
City funds are required.
j. That the City depository bank contract be awarded to Corpus Christi
Bank and Trust for the years 1975-77 on the basis of the best and most advan-
tageous bid to the City.
k. That authority be granted to submit an application to the Urban
Mass Transportation Administration and execute related contracts for $36,000 of
assistance for transit planning. The application will provide for continuing
transit planning, a marketing study, and review of the transit needs of the
elderly and handicapped. A matching share of $9,000 is required, including $840
Minutes
Regular Council Meeting
July 2, 1975
Page 4
in in-kind services and $8,160 in cash. The project will employ a Transit
Planning Coordinator and a Clerk -Typist. The grant is necessary to maintain
eligibility for future transit capital grants.
1. That authority be granted to submit a supplemental proposal to the
Governor's Committee On Aging for Title VII Elderly Nutrition Program providing
for an increase in funding of $13,880 to provide 60 additional meals daily.
860 meals will be provided daily for an annual cost of $265,600.
m. That a public hearing be held on July 16, 1975, on the request of
Nueces County and the Corpus Christi Independent School District to close that
portion of Carrizo Street between Leopard and Mestina, and Mestina Street
between Carrizo and North Tancahua. A utility easement will need to be retained
in Carrizo Street. The closing will remove these streets from City maintenance
responsibility and allow better control of the new courthouse and school adminis-
tration building parking.
n. That a public hearing be held on July 9th at 4 p.m. on the proposed
1990 Transportation Plan Summary as revised and updated from the 1963-1964
Corpus Christi Transportation Study. The Summary includes the 1990 Street Plan.
Adoption of this Plan is necessary to continue the City's eligibility to receive
federal assistance for highway and mass transit improvements. The Planning
Commission recommends adoption.
o. That the ordinances approving leases for Mr. Floyd Beauregard, DBA
Fisherman's Folly, and Mr. Frank Moore, DBA Parker's Bait Stand, be tabled
until the applicants and the City agree on the terms to be included in the leases.
That: (1) the public hearing for the 1975-76 Budget be held at 2 p.m.
on July 23, 1975; (2) presentations of budget requests be received from those
agencies which are not a part of City government on July 9th at 4 p.m., and
(3) presentation from City Boards and Commission who wish to address the City
Council, be heard on July 16, 1975 at 3:30 p.m.
Motion by Lozano, seconded by Gulley and passed, that the City Manager's
Reports.be accepted, and Items "a" through "p" be approved, granted and adopted,
as presented by City Manager Townsend.
City Manager Townsend advised the Council that prior to the third reading
of the ordinance designating five tracts owned by the Lower Nueces River Water
Supply District at Lake Corpus Christi as game preserved should be amended to
correct legal descriptions for two of the tracts.
Motion by Lozano, seconded by Tipton and passed, that the ordinance
designating the five tracts of land owned by the Lower Nueces River Water Supply
District as game preserves, read on the first reading on June 18, 1975, and on
1
Minutes
Regular Council Meeting
July 2, 1975
Page 5
its second reading on June 25, 1975, be and the same is hereby amended prior to its
third and final reading by amending the descriptions of Parcels 1 and 5 to here-
after read as follows:
Parcel 1:
That parcel or tract of land consisting of 230 acres lying above
the 94.0 -foot elevation as determined by the United States Coastal
and Geodetic Survey Datum, being the westermost part of that parcel
or tract of land consisting of 561 acres, situated ,in Live Oak County,
Texas, being a part of the Maria Bridget Kevlin League, and being that
land described in a deed from George R. Dunning, et al, to Lower
Nueces River Water Supply District, being filed for record in Volume
174, pages 353-357, Deed Records of Live Oak County, Texas, to which
reference is made for a full description.
Parcel 5:
That parcel or tract of land consisting of 87 acres lying above the
94.0 -foot elevation as determined by the United States Coastal and
Geodetic Survey Datum, being the eastermost part of that parcel or
tract of land consisting of 561 acres, situated in Live Oak County,
Texas, being a part of the Maria Bridget Kevlin League, and being that
land described in a deed from George R. Dunning, et al, to Lower Nueces
River Water Supply District, being filed for record in Volume 174, pages
353-357, Deed Records of Live Oak County, Texas, to which reference is
made for a full description.
City Manager Townsend advised the Council that prick to the third reading
of the ordinances authorizing lease agreements with two bait stand operators along
the John F. Kennedy Causeway, it is recommended that they be amended to delete the
requirement that the lessees must have City or private garbage service.
Motion by Tipton, seconded by Lozano and passed, that the ordinance pertain-
ing to execution of an agreement with Adolph Wittner, dba Witt's Bait and Tackle,
concerning use of Tract 10 of the Coastal Public Lands, read at the first two of
three readings on June 18, 1975 and June 25, 1975, respectively, be and the same is
amended as follows prior to its third reading:
"Amend the agreement, made a part of the ordinance, by amending
Section 11 of said agreement, by deleting the phrases, "using either
the services of the City of Corpus Christi Sanitation Division, or
the services of a solid waste contractor holding a City of Corpus
Christi Solid Waste Permit."
Motion by Tipton, seconded by Lozano and passed, that the ordinance pertain-
ing to execution of an agreement with F. J. Graham dba Graham's Bait Stand,
concerning use of Tract 3 of the Coastal Public Lands, read at the first two of
three readings on June 18, 1975 and June 25, 1975, respectively, be and the same
is hereby amended as follows prior to its third reading:
"Amend the agreement, made a part of the ordinance, by amending
Section 11 of said agreement, by deleting the phrases, "using
either the services of the City of Corpus Christi Sanitation
Division, or the services of a solid waste contractor holding
a City of Corpus Christi Solid Waste Permit."
Minutes
Regular Council Meeting
July 2, 1975
Page 6
City Manager Townsend presented for the Council's consideration the
ordinances appearing on the agenda and made related comments and explanations.
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED,
BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO
AS TO PROVIDE FOR SPEED LIMIT OF 35 MILES PER HOUR, AT ALL TIMES, ON THE
MIDTOWN TRAFFIC EXCHANGE FROM ITS CONNECTION AT CHAPARRAL AND MESQUITE STREET,
TO ITS CONNECTION AT LAREDO AND AGNES STREETS, AND ON LAREDO AND AGNES STREETS
FROM THE MIDTOWN TRAFFIC EXCHANGE TO STAPLES STREET; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; 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 PROVIDING FOR THE CESSION BY THE CITY OF CORPUS
CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS
OVER AND IN CERTAIN TRACTS OF LAND, A MAP OF THE SAME, MARKED EXHIBIT "A",
BEING ATTACHED HERETO, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION
OF THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART.
970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "A", ATTACHED
HERETO AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS
B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND
PROVIDING SEVERABILITY.
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. 12669
THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED,
BY ADDING A NEW SECTION, TO BE 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 AND WILDLIFE.
The foregoing ordinance was read for the third time and passed finally,
as amended, by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
ORDINANCE NO. 12670
THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE
WITH THE UNITED STATES OF AMERICAN FOR USE BY THE FEDERAL AVIATION ADMINISTRATION
OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND
OPERATION OF MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE AND
LOCALIZER FACILITIES, AS MORE FULLY SET FORTH IN THE LICENSE, IN SUBSTANTIALLY
THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
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. 12671
THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO
EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF
GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS
CHRISTI NATURE PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI,
NUECES COUNTY, TEXAS, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND
Minutes
Regular Council Meeting
Slily 2, 1975
Page 7
CONDITIONS AS SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED
HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
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. 12672
THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT 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 third time and passed finally,
as amended, by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
ORDINANCE NO. 12673
THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE-
MENT 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 third time and passed finally,
as amended, by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano
and Sample, present and voting "Aye".
ORDINANCE NO. 12674
AUTHORIZING THE CITY MANAGER TO SUBMIT A TITLE III CONTRACT MODIFICATION
PROVIDING FOR INCREASE IN FUNDING BETWEEN THE CITY AND THE COASTAL BEND COUNCIL
OF GOVERNMENTS, FOR THE SENIOR COMMUNITY SERVICES PROGRAM, IN THE AMOUNT OF
$14,853, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, IN SUBSTAN-
TIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE MODIFICATION WHEN APPROVED AND TO
EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE 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. 12675
AUTHORIZING THE CITY MANAGER TO SUBMIT A SUPPLEMENTAL PROPOSAL TO THE GOVERNOR'S
COMMITTEE ON AGING FOR AN INCREASE IN TITLE VII ELDERLY NUTRITION PROGRAM FUNDS
OF $13,880, AS MORE FULLY 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
OF THE GRANT; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
July 2, 1975
Page 8
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. 12676
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE URBAN MASS TRANS-
PORTATION ADMINISTRATION FOR A GRANT OF $36,000 FOR ASSISTANCE IN TRANSIT PLANNING
WITH A MATCHING SHARE OF $9,000, ALL AS MORE FULLY OUTLINED IN THE APPLICATION,
IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A", AND TO SIGN CONTRACTS AND ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE
GRANT 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 NO. 12677
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: WASHINGTON -
CARVER AREA UNIT I, PHASE "A": •
1. LAWTON STREET, FROM GREENWOOD DRIVE TO APPROXIMATELY 150 FEET
SOUTHWEST OF WASHINGTON STREET;
2. WASHINGTON STREET, FROM LAWTON STREET TO SOLEDAD STREET;
3. CARVER STREET, FROM LAWTON STREET TO TARLTON STREET;
4. ADA STREET, FROM ELGIN STREET TO WASHINGTON STREET;
5. DIXIE STREET, FROM ELGIN STREET TO WASHINGTON STREET;
6. KITCHENS STREET, FROM ELGIN STREET TO WASHINGTON STREET;
7. ROGERS STREET, FROM ELGIN STREET TO WASHINGTON STREET;
8. SOLEDAD STREET, FROM GREENWOOD DRIVE TO CARVER STREET;
9. ELGIN STREET, FROM LAWTON STREET TO SOLEDAD STREET; AND
WASHINGTON -CARVER AREA UNIT I, PHASE "B":
10. CARVER STREET, FROM TARLTON STREET TO BALDWIN BOULEVARD;
11. ELGIN STREET, FROM TARLTON STREET TO DUNBAR STREET AND
FROM EASLEY STREET TO SONORA STREET;
12. SABINAS STREET, FROM TARLTON TO SONORA STREET;
13. BLAKE STREET, FROM DUNBAR STREET TO SONORA STREET; AND
14. A SECTION OF 4 -FOOT WIDE SIDEWALK ABUTTING LOT 1, BLOCK 4,
BONITA ADDITION;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY
BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING
AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND -TIME OF PAYMENT AND
COLLECTION; 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. 12678
AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF WASHINGTON -
CARVER AREA UNIT I STREET IMPROVEMENTS, PHASE A;!APPROPRIATING $438,642.86 OUT
OF THE NO. 162 FEDERAL -STATE GRANTS FUND, ACTIVITY 4732, CODE 502, COMMUNITY
DEVELOPMENT BLOCK GRANT, GRANT NO. B -75 -MC -48-0502, FIRST YEAR PROGRAM AND
AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE FOR,SAID $438,642.86 IN
THE NO. 220 STREET BOND FUND TO SUPPLEMENT $95,357.14 IN EXISTING ALLOCATIONS;
APPROPRIATING AND REAPPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $534,000.00
OF WHICH $503,833.41 IS FOR THE CONSTRUCTION CONTRACT AND $30,166.59 IS FOR
INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-72-1.3; AND DECLAR-
ING AN EMERGENCY.
Minutes
Regular Council Meeting
July 2, 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".
ORDINANCE NO. 12679
•
AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
ASPHALT MAINTENANCE CO., INC., FOR CONSTRUCTION OF WASHINGTON -CARVER AREA UNIT I
STREET IMPROVEMENTS, PHASE B; APPROPRIATING $251,357.14 OUT OF THE NO. 162 FEDERAL -
STATE GRANTS FUND, ACTIVITY 4732, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT,
GRANT NO. B -75 -MC -48-0502, FIRST YEAR PROGRAM, AND AUTHORIZING THE ESTABLISHMENT
OF AN ACCOUNTS RECEIVABLE FOR SAID $251,357.14 IN THE NO. 220 STREET BOND FUND TO
SUPPLEMENT $54,642.86 IN EXISTING ALLOCATIONS, AND APPROPRIATING AND REAPPROPRIAT-
ING OUT OF THE NO. 220 STREET BOND FUND $306,000, OF WHICH $288,794.60 IS FOR THE
CONSTRUCTION CONTRACT AND $17,205.40 IS FOR INCIDENTAL AND RELATED EXPENSES APPLI-
CABLE TO PROJECT NO. 220-72-1.3; 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. 12680
AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH
PAVING, INC., AND HAAS TRUCKING COMPANY FOR THE CONSTRUCTION OF AIRPORT TOWER
PARKING LOT IMPROVEMENTS; REDUCING THE APPROPRIATION FOR DEBT SERVICE IN THE NO.
117 FUND, ACTIVITY 5497, CODE 441, BY $79,000, AND APPROPRIATING AND REAPPRO-
PRIATING SAID $79,000 TO ACTIVITY 5477, CODE 502, OF WHICH $78,907.50 IS FOR THE
CONSTRUCTION CONTRACT AND $92,50 IS FOR INCIDENTAL AND RELATED EXPENSES; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ages, Gill, Gulley, Lozano and Sample,
present and voting "Aye".
ORDINANCE NO. 12681
AMENDING THE CITY BUDGET; APPROPRIATING THE SUM OF $165,016.37 AS FOLLOWS:
$ 634.94 from No. 207 Public Building Bond Fund;
$132,701.49 from No. 220 Street Bond Fund;
$ 2,277.86 from No. 245 Airport Bond Fund;
$ 22,080.12 from No. 250 Sanitary Sewer Bond Fund;
$ 3,245.27 from No. 291 Park Bond Fund; and
$ 4,076.69 from No. 295 Storm Sewer Bond Fund,
TO SUPPLEMENT $39,860.35 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR
INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE
ATTACHED TABULATION, MARKED EXHIBIT "A", WHICH IS MADE A PART HEREOF; AUTHORIZING
REIMBURSEMENT OF $204,876.72 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES
PROVIDED DURING THE PERIOD OF NOVEMBER 1, 1974 THROUGH APRIL 30, 1975; AND DECLAR-
ING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present
and voting "Aye".
...mutes
Regular Council Meeting
July 2, 1975
Page 10
Mr. John H. Scott, Chairman of Tract 16 Neighborhood Council, stated he was
confused as to the effective date of the lease concerning the leasing of property at 2835 Blake
Street for use as a community center. City Manager Townsend explained to Mr. Scott's
satisfaction that the lease, read on first reading June 18, must be read for the third time 30
days from that date as required by the City Charter. He advised Mr. Scott that there is no
reason not to proceed with the project since the Council has given its authority for them to use
the property.
Mrs. Elizabeth Price appeared and stated she was alarmed of what she had read in the
newspaper that the Annaville Fire Department would be discontinued. She stated she feels this
voluntary fire department is needed for the protection of this area and the area toward the Nueces
River where a lot of calls are received. Commissioner Gulley explained that he had made a
comment during a budget meeting when the Fire Department budget was discussed wherein the
City contributes $3,000 to the Annaville Fire Department and the newspaper item was taken from
his statement that this represents double taxation if two fire stations are being supported with tax
money. He stated he saw no need for the two stations within a few miles of each other, but
commented that Mrs. Price had nothing to worry about since the Annaville Fire Department could
not be abolished without an act of the State Legislature.
City Manager Townsend called to the attention of the Council the following matters:
(1) invitation to visit the off -shore drilling rig the morning of July 10 at 9:30 a.m. according to
arrangements made by Petroleum Superintendent Harry Franklin; (2) tentative meeting with the
Board of Equalization, July 14, 5 p.m.; (3) new closing hours of the City's Libraries at 5:00 p.m.
on Fridays; (4) suggested joint meeting with the Planning Commission and Council for discussion
of several major physical planning problems where special guidance and direction from the
Council is needed (the date for the meeting was tentatively set for a dinner meeting on August 7).
Mrs. Tommie Ballengee, 2830 Austin, appeared seeking information relative to the
July 9th hearing on the proposed 1990 Transportation Plan Summary as revised and updated from
the 1963-1964 Corpus Christi Transportation Study. She stated the information was for the purpose
of making a report to the organization she represented that is conducting a study on this subject.
She asked if the person the City would employ to make the study was the same person who made a
Minutes
Regular Council Meeting
July 2, 1975
Page 11
previous study. City Manager Townsend responded to her questions, stating that the Wilbur -
Smith firm had made an appraisal several years ago of the City's Transportation System for
$39, 000.
Mr. Townsend informed the Council that the City has some very substantial problems
concerning the cable television franchise because of Federal Communication rulings, and that
the Council will be confronted with these problems possibly within the next two weeks or by
July 21st. He pointed out two specific problems: (1) the City's restriction against "off -channel"
cable transmission of local commercial channels and (2) the 4 percent oi.gross revenues payment
plus required free cable services such as programming facilities for public schools. He stated
some kind of agreement will have to be worked out before the local cablevision's permit from
the FCC expires. He explained that trying to reach a compromise is difficult with the FCC and
the CAN on one side and the City and local televisions on the other. He pointed out one
possibility, to legally challenge FCC's power to affect the local franchise, but this would mean
a lengthy and costly fight all the way to the Supreme Court.
City Manager Townsend furnished the Council with a revised copy of a standard
instruction regarding City employees role in attending City Council meetings. He explained
that the memorandum was intended to advise employees that if their only reason for attending
Council meetings was to try to influence the Council regarding their employment, then they have
no business being there but there is no intent to take away their rights as private citizens.
Following discussion of the memorandum, Commissioner de Ases made a motion,
seconded by Sample and passed, that the sentence designated as 5-(b) "Attendance at Council
meetings by employees who are off-duty is discouraged", and the last sentence under Section 6,
"any violation shall 6e grounds for disciplinary action", be deleted.
Following a brief recess, Mayor Luby announced the Council.would hold the public
hearings scheduled for 3:30 p.m. on four zoning cases.
City Manager Townsend presented Application 0575-4, Tim Clower, Trustee, for
change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District
on 1.9+ acres of land out of Lot 1, Section 1, Paisley Subdivision of the Hoffman Tract, located
to the southeast of BarryStreet and Grossman Drive, adjacent to the west of Pope Place 5. The
Minutes
Regular Council Meeting
July 2, 1975
Page 12
request was heard by the Planning Commission May 19, 1975 and forwarded to the Council with
the recommendation that it be approved as requested. The Planning Staff recommended denial
of
but in lieu there/"R-2" Multiple Dwelling District be approved as a transitional type zoning
between the "B-4" and "R -1B". Mr. Townsend reported that in response to notices of this hearing,
three letters had been received in opposition and one in favor, the opposition being generally on
the basis that two-story structures would be in violation of the "R -1B" single -story character of
the neighborhood. He explained that the opposition along the northeast boundary line of the
property, invokes the 20 percent rule.
Chief Planner, Larry Wenger pointed out the location of the property on the map and
described the zoning and land uses in the surrounding area.
Mr. Bill Reiff, owner of Lot 15, Block 31, spoke in opposition and pointed out that
28 notices were mailed of the Planning Commission hearings and 18 had been returned in opposition.
He pointed out that covenants running with the land, with the City a party, limited the structures
to one-story because of the residences adjoining the property in Pope Place 5. He stated his
primary concern was the loss of privacy, but was also concerned as to the fence requirement and
garbage pickup; that it was questionable if the 8 foot wooden fence proposed would stand the wind
pressure, and felt that for the high type development as described, it would not be unreasonable
to ask for a concrete fence; that there should be no windows at the second story level; and the
applicant should make known their proposal for garbage pick-up and the lighting. He stated he
was in opposition to the request unless all these conditions are incorporated into the ordinance
granting the zoning change.
Mr. Robert Stubberman, 4114 Harry Street, owner of Lot 10,. Block 33, opposed the
two-story apartment request expressing concern that additional hazards in times of hurricanes
due to flying debris would result.
Mr. Don Shelton, 4117 Harry, stated he was in agreement with the conditions set
forth by Mr. Bill Reiff regarding the fence, garbage pick-up, and no openings at the two-story
level.
Applicant -Trustee Tim Clower described the proposed development, stating it would
be a garden type complex with tennis courts and swimming pools, adequate parking with
..nutes
Regular Council Meeting
July 2, 1975
. Page 13
Iandscapinty night lighting directed away from the residences, and stated the applicants had
agreed to build no two-story structures closer than 60 feet to the rear property line which
area would either be used for a parking area or restricted to one-story units. Mr. Clower made
a slide presentation of various areas throughout the City where apartment complexes have been
developed adjacent to single-family residential neighborhoods and emphasized the compatibility
of the two uses.
Mayor Luby stated it would be necessary to interrupt the public hearing at this time
and open bids scheduled for 4:00 p.m.
Director of Engineering and Physical Development opened and read bids on the
Molina Area Street Improvements Unit 11, Part A. He explained that because of uncertainties
on fuel and material costs, the specifications provide for three alternate street design section:
(1) Lime stabilized and cement stabilized with 2" of hot -mix asphalt surface; (2) 8" caliche
base and 1" hot -mix asphaltic concrete surface; and (3) 8" caliche base and three -course asphalt
surface treatment. Bids were received from the following firms: Heldenfels Brothers; King
Construction Company; Abacus Corporation; W. T. Young Construction Company; and Isles
Construction Company (Glazer).
The foregoing bids were tabled pursuant to the requirements of the City Charter and
referred to the City Manager for tabulation and recommendation.
Mr. Clower continued the presentation of his zoning request stating that they are not
asking for anything that has not been granted in the past and emphasized that the subject property
is not restricted against two story structures.
Mr. Bob Sherrod, developer, presented and explained the preliminary site plan which
included tennis courts, swimming pool, parking, landscaping, lighting, and omission of windows
at the rear of the buildings to insure privacy.
(Commissioner de Ases departed the meeting at this time - 4:30 p.m.)
Motion by Tipton, seconded by Gulley and passed, that the hearing be closed.
Motion by Gulley, seconded by Tipton and passed, that Application 0575-4, Tim
Clower, Trustee, for change of zoning from "R -1B" One -family Dwelling District to "A- 1"
..,mutes
Regular Council Meeting
July 2, 1975
Page 14
Apartment House District on 1.9+ acres of land out of Lot 1, Section 1, Paisley Subdivision
of the Hoffman Tract, be denied, but in lieu thereof a Special Council Permit be granted
subject to an approved site plan.
City Manager Townsend presented Application #575-7, Fred Morgan, Jr., for
change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District
on a 34.29 acre portion of Lots 3, 6 & 7, Section 5, Range VIII, Gugen'heim & Cohn's Farm
Lots, located on the southwest side of North Padre Island Drive 1000 feet north of Old Browns-
ville Road. The request was heard by the Planning Commission May 19, 1975 and forwarded
to the Council with the recommendation that it be approved as requested. The Planning staff's
opinion was that since a large amount of the vacant property in the area is already zoned "1-2",
the overall area needs consideration as to future development before establishing additional
"1-2", and until this has been accomplished, recommended denial.
Mr. Paul Kratzig, attorney representing the applicant, pointed out on a map in
detail the development in the surrounding area indicating "1-2" uses in future planning. He
explained that the property is under contract for sale contingent on the zoning, and stated there
are no immediate plans for development.
No one appeared in opposition to the foregoing request.
Motion by Lozano, seconded by Gulley and passed, that the hearing be closed.
Motion by Tipton, seconded by Gulley and passed, Luby voting "Nay" and Sample
abstaining, that the recommendation of the Planning Commission be concurred in and
Application #575-7, Fred Morgan, Jr., for change of zoning from "R -1B" One -family Dwelling
District to "1-2" Light Industrial District on a 34.29 acre portion of Lots 3, 6 & 7, Section 5,
Range VIII, Gugenheim & Cohn's Farm Lots, be approved as requested and an ordinance be
brought forward effectuating the change.
City Manager Townsend presented Application #575-8, Everhart Associates, Ltd.,
for change of zoning from "B-4" General Business District to "B-5" Primary Business District on
Lots 1 & 2, Block D, Levek Tract and a portion of Lots 3 & 4, Oso Farm Tracts containing 16.0i -
acres, located on the west side of Everhart Road south of K -Mart Department Store. The application
Minutes
Regular Council Meeting
July 2, 1975
Page 15
was heard by the Planning Commission May 19, 1975, and forwarded to the Council with the
recommendation that it be denied. The Planning Staff concurred in that recommendation.
Mr. Townsend reported that in response to this hearing 16 letters had been received in
opposition and two in favor. The opposition is generally based on oblectional business develop-
.,
ment, traffic hazards, loud noise and debris, decreased property values, and objection to the
sign which was being used in violation.
Mr. Bob Sorrell, Jr., appeared on behalf of the applicant for change of zoning from
"B-4" to "B-5". He explained that the request is a result of the City's complaint filed against
Everhart Associates for sign violation and the zoning change request is to permit them to come
before the Council and ask for a Special Permit to operate the public service information sign.
He pointed out that the sign was placed on the property under a building permit and that it meets
all regulations regarding height and setback requirements of the area; that the sign is alleged to
be objectionable to the City because it is deemed to be off -premise advertising. He further
pointed out that when the new sign ordinance is adopted, off -premise advertising will be per-
mitted in any business or commercially zoned district. He stated there have been no objections
from residents against the sign as such, but mostly objections to the requested zoning which is
not really what they are asking for but for a special permit to operate the existing sign. He
stated the sign is flashing regardless of what it says, is in conformance with the Highway
Beautification Act, and the only question seems to be what the sign says. He further pointed out
that it is operated for a public service information with the sponsors' names and messages following
and costs approximately $100.00 per day to operate. He stated that if anything obscene is put on
the sign, or the City gets into any kind of trouble by granting the relief they are requesting such
as getting Federal Highway funds cut off, they will "shut the sign down". He stated the City's
Beautification Ordinance is a lot stricter than is needed in order to receive Federal Highway
Beautification funds.
Assistant City Attorney Bob Coffin commented that the Federal Highway Beautification
Act provides that the state and local regulations may be more restrictive.
Minutes
Regular Council Meeting
July 2, 1975
Page 16
Commissioner Gulley stated he did not understand what difference it makes what
the sign says, that it is already up and it does not seem logical that the message would have
anything to do with the attractiveness of the sign so long as it is not obscene or immoral.
Commissioner Gill stated she felt the granting of the off -premise advertising could
have a proliferation effect which would be objectionable, and if exceptions are made to this
request, the same would have to be made to all other similar requests.
Motion by Gulley, seconded by Lozano and passed, that the hearing be closed.
It was noted that those in the audience who might oppose the foregoing request had
not been given an opportunity to speak.
Motion by Tipton, seconded by Gulley and passed, that the hearing be reopened.
Mr. Herman Vacca, 4642 Stonegate Way, stated his property backs up to the
subject property and he strongly opposed the change in zoning. He read from a petition which
was presented to the Planning Commission, a list of names numbering 22, who were strongly
opposed to the change of zoning. He stated these people feel the ordinance has been violated,
the change would worsen a traffic hazard at one of the most accident rated intersections in the
City, there is no need for additional development at this time, property values would be further
decreased, and under the "B-5" zoning, it would be opening the door to some of the most
objectionable uses. He stated there already exists some traffic nuisances such as motorcycles
racing through the area, residents are forced to construct expensive fences for protection against
noise and this kind of traffic, and they do not feel "8-5" will make conditions any better. He
stated he is not concerned about the sign, but is speaking in opposition to the "B-5" zoning and
what could be developed under this classification. He stated he is reprQ',senting several property
owners who do object to the sign because of its flashing into their houses at night.
Motion by Lozano, seconded by Gulley and passed, that the hearing be closed.
Motion by Sample, seconded by Gill, that the recommendation of the Planning
Commission be concurred in and Application 0575-8, Everhart Associates, Ltd., for change of
zoning from "B-4" General Business District to "B-5" Primary Business District on Lots 1 & 2,
Block D, Levek Tract and a portion of Lots 3 & 4, Oso Farm Tracts containing 16.0E acres, be
denied.
Minutes
Regular Council Meeting
July 2, 1975
Page 17
Motion by Gulley that the foregoing motion be amended to the effect that the
request for "B-5" zoning be denied and in lieu thereof a special permit be granted for
operation of the sign. The motion did not receive a second.
Commissioner Sample's motion to deny passed by the following vote: Luby, Gill, Tipton,
Lozano and Sample voting "Aye"; Gulley voting "Nay".
City Manager Townsend presented Application #575-9, City Landmark Commission,
to designate as "HC" Historical Cultural Landmark the following properties: Lots 4, 5 and 6,
Block 70 of North Chaparral and Hughes Streets. The request was heard by the Planning
Commission on May 19, 1975, and forwarded to the Council with the recommendation that it
be approved. The Planning Staff concurred on the basis that it is felt it is very important for
the City to preserve the historical buildings in question.
Dr. Richard Marcum, chairman of the City Landmark Commission explained the
creation of the Landmark Commission and its charge and responsibility relative to the establish-
ment of landmarks throughout the City. He stated it is the desire of this Commission that a
statement be added, at the appropriate place to the designation ordinance which request zoning
on Lots 4, 5, 6, Block 70 (Sidbury Properties), as follows: "The Landmark Commission will, in
accordance with Ordinance No. 12315 (October 16, 1974) under which it was created, and in
compliance with the 'General Use Plan' promulgated by the Commission, solicit, receive, and
recommend proposals for the use of the property zoned "HC" (Historical -Cultural). Assistant City
Attorney Coffin stated there would be no problem to incorporate this into the ordinance.
Motion by Lozano, seconded by Sample and passed, that Application #575-9, City
Landmark Commission, to designate as "HC" Historical Cultural Landmark the following properties,
Lots 4, 5 and 6, Block 70, of North Chaparral and Hughes Streets, be approved incorporating the
foregoing paragraph into the ordinance as suggested by Dr. Marcum, be approved and the ordinance
be brought forth.
ORDINANCE NO. 12682
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,
Minutes
Regular Council Meeting
July 2, 1975
Page 18
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 FRED F. MORGAN, JR. BY AMENDING THE ZONING MAP BY
CHANGING THE ZONING ON A 34.299 ACRE PORTION OF LOTS 3, 6 AND 7, SECTION
5, RANGE VIII, GUGENHEIM AND COHN'S FARM LOTS, SITUATED IN THE CITY OF
CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING
DISTRICT TO "1-2" LIGHT INDUSTRIAL 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, GUI, Gulley and Lozano present, and voting "Aye"; Luby
and Sample voting "Nay".
ORDINANCE NO. 12683
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. 12315, PASSED AND
APPROVED BY THE CITY COUNCIL ON OCTOBER 16, 1974, BY AMENDING THE ZONING
MAP BY DESIGNATING AS "HC" HISTORICAL CULTURAL LANDMARK, LOTS 4, 5 AND 6,
BLOCK 70, BEACH PORTION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
WITH THE HISTORICAL -CULTURAL LANDMARK DESIGNATION, IN ADDITION TO THE
PRESENT ZONING DESIGNATION ON SAID PARCEL OR TRACT; KEEPING IN EFFECT ALL
OTHER PROVISIONS OF THE EXISTING ZONING 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, Gill, Gulley, Lozano and Sample, present and voting "Aye";
de Ases absent.
City Secretary Read stated that according to his tabulation, the two ordinances voted
upon had passed with Luby and Sample voting "Nay" on Ordinance No. 12682.
There being no further business to come before the Council, motion by Sample,
seconded by Gulley and passed, that the meeting be adjourned at 6:00 p.m., July 2, 1975.