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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.