HomeMy WebLinkAboutMinutes City Council - 09/10/1975MINUTES ,
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
September 10, 1975
2:00 P. M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
' Commissioners:
Eduardo de Ases City Manager R. Marvin Townsend
Ruth Gill Acting City Attorney Michael May
Bob Gulley City Secretary Bill G. Read
Gabe Lozano, Sr.
Edward Sample
Mayor Pro Tem Bill Tipton called the meeting to order in the temporary
absence of Mayor Luby.
.The Invocation was given by Commissioner Sample in the absence of
the invited guest chaplain.
Mayor Pro Tem Tipton called for the City Manager's Reports and City
Manager Townsend presented requests and recommendations with related comments and
explanations, as follows:
a. That a public hearing be held at a Special Council meeting at
3:30 p.m. on October 1, 1975 on the following zoning applications:
(1) Poindexter & Wharton Sales Corporation - from "A-1"
and a Special Permit to "B-1", located on the south
side of Winnebago Street east of Brownlee Boulevard..
(2) Ms. Benita L. Lopez - from "R-113" to "B-1", located
on the north corner of Delgado and Salazar Streets.
(3) Mr. Billy Joseph Henry - from "B -i" to "B-3", located
on the east side of Kostoryz Road 107.5 feet north of
McArdle Road.
(4) Corpus Christi Construction Company, Inc. - from "R -1B" to
"R -E", located south of Mediterranean Drive commencing 220'
east of Waldron Road and extending east for approximately
3,700 feet.
b. That plans and specifications for the re -roofing of the Gas Division
offices on Port Avenue be approved and bids be received at 2:00 p.m., Tuesday,
September 30, 1975. The"plans call for the removal of the deteriorated portion of
the existing roof, the application of 1/2 inches of rigid insulation base for even
moisture distribution in order to prevent future bubbling and lower power costs,
and the installation of built-up roofing felt and gravel on the entire portion.
The project is included in the 1975-76 Budget. '
c. ?That bid awards for 1975-76 requirements of certain brass service
fittings be made to the following firms: (Bid Tab #57-75)
Corpus Christi Pipe & Supply Co., Corpus Christi -
Lot I - 25 items of brass service fittings $9,854.01
The Ford Meter Box Co., Inc., Wabash, Indiana - 8,384.50
Lot IA - Brass curb & meter stops -ball type
Total $18,238.51
Minutes
Regular Council Meeting
September 10, 1975
Page 2
The apparent low bids on Lot IA of $7,807.66 by the Rohan
Company and Supply Company of Corpus Christi did not meet specifications. The
Rohan Company specified the orders must be placed for a minimum of 200 lbs which
would overstock the warehouse and result in excess inventory costs. McAllen
Pipe and Supply did not bid a value with a full-size opening. Bids were received
from 7 firms. (Bid Tabulation #57-75)
d. That Trinity Engineering Testing Corporation provide quality
control testing services for the Molina Area Unit II, Part "A" street improve-
ment project at a maximum cost of $7,751.28. The work on this project under a
contract awarded to Glaser Construction Company on August 27, 1975, at a cost of
$490,516.00, should begin in approximately four weeks. No additional appropria-
tion is required.
e. That a joint use agreement be entered into with the State of Texas,
through the Texas Parks and Wildlife Department whereby the City guarantees public
use of the Oso Boat Ramp for at least 25 years. The boat ramp was constructed
with financial aid from the State. The State requires an agreement on boat ramps
not built on State land guaranteeing public use of the facility.
f. That speed limits be amended as follows:
Present Recommended
Old Brownsville Road and Airport Road
670' southwest of the Airport Road and Morgan
Avenue Intersection to 100' south of Navajo Street 50, 45 40 mph
& 40 mph
100' south of Navajo Street to Baldwin Blvd. 40 mph 35 mph
Saratoga Boulevard 55 mph
Prior to the State-wide maximum speed reduction to 55 mph, the speed
limit was 60 mph. If the 55 mph limit should be lifted, it would revert to 60 mph
which would be too fast according to recent speed zone studies conducted at the
City's request by the State. The Traffic Safety Advisory Board so recommends.
g. That the contract with the Texas Water Quality Board be renewed for
the City -County Laboratory to continue to provide laboratory services on a charge -
for -services basis from September 1, 1975 through August 31, 1976 at a maximum cost
of $30,000. This contract was initially entered into in January, 1975. Approxi-
mately 100 samples per month will be analyzed.
h. That authority be granted to make application for $30,554 and accept
grant funds from the Criminal Justice Division for the first year "Rape Crisis
Center" program. The Crisis Intervention Center board will operate "Rape Crisis
Minutes
Regular Council Meeting
September 10, 1975
Page 3
Center" program. This is a 3 -year program. Proposed personnel include one
director and two part-time administrative assistant/secretaries. The center will
provide 24-hour service to rape victims, such as provide emotional support to the
victim through increasing the reporting of the crime while decreasing the trauma.
i. That an agreement be authorized with the Japanese Art Museum under
which the City will provide $5,000 toward the operation of the Museum in return
for the following services:
(1) Be open to the public from 10 a.m. to 12 p.m. and 1 p.m. to 4 pm.,
Monday through Friday and from 2 p.m. to 5 p.m. on Sunday.
(2) Provide scheduled tours and music events upon request by school,
civic and neighborhood groups.
(3) Show films of an educational and cultural nature.
(4) Participate in Sister City functions.
j. That a resolution be passed setting forth revised schedules for the
completion of all items required as part of the Step I Grants under Public Law
i92-500 for the Broadway, Flour Bluff, Oso and Westside Treatment Plants.
k. That Parcels 31 and 32, Block 80, Bayfront Science Park be acquired
from Mr. and Mrs. Richard B. Cook for $87,036.50, including $536.50 of closing
costs. These parcels are bounded by North Water Street and Hughes Street. The
purchase price is based on a second appraisal by Mr. Von Coulter. Mr. Cook will
remain in possession for 5 months after contract execution.. The appropriation
will include a reduction in the amounts allocated for relocation.
1. That the contract for the construction of the Cole Park Bicentennial
Amphitheater be awarded to the Marshall Company for $187,500, which includes the
base plus Alternate No. 3. An appropriation of $205,200 is requested to cover the
award of the contract, the additional architectural fees, and incidental and related
expenses in connection with the project. The question of the lift station and the
dimmer system as well as the light trees will be back for Council approval within
two to three weeks.
m. That the appointment of Mr. Edward L. Whittaker to the position of
Director of Libraries be confirmed. He is currently Director of the Sioux City
Library in Iowa. He is a graduate of Murray State University in Kentuckey and has
a Masters degree in library Science from the University of Michigan. His 15 years
of library experience includes positions at the Detroit and Tucson public libraries
and directorships at Whitworth College Library in Washington State and Hope College
Library in Holland, Michigan.
Minutes
Regular Council Meeting
September 10, 1975
Page 4
Mayor Luby arrived at the meeting at this time and assumed the Chair.
Motion by Lozano, seconded by Gulley and passed, with Mayor Luby voting
"Nay" on Items "k" and "m", that the City Manager's Reports be accepted, and Items
"a" through "m" be granted, approved, and adopted as presented by City Manager
Townsend.
Mayor Luby announced that proclamations had been issued in his office
relative to the following: SQUARE DANCING WEEK, September 15 through 21, 1975; and
FIESTA MEXICANA DAYS DE CORPUS CHRISTI, September 13 through 16, 1975; and NATIONAL
CONSTITUTION WEEK, September 17 through 23, 1975.
City Manager Townsend presented the following ordinances for the Council's
consideration:
FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY
AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMITS IN CERTAIN ZONES, SO AS TO
PROVIDE FOR SPEED LIMITS ON OLD BROWNSVILLE ROAD AND AIRPORT ROAD (F.M. 665) AS
HEREINAFTER PROVIDED; DELETING THE PRESENT PROVISIONS FOR SPEED LIMITS ON SARATOGA
BOULEVARD (S.H. 357) AND IN LIEU THEREOF ADOPTING NEW PROVISIONS SO AS TO PROVIDE
FOR SPEED LIMIT OF 55 MILES PER HOUR, AT ALL TIMES, ON THAT PORTION OF SARATOGA
BOULEVARD (S.H. 357) THAT IS WITHIN THE CITY LIMITS; 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 RELATING TO CONTROL OF PARCELS OF LAND WHEREON THERE
EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER
HAZARDOUS WASTES OR REFUSE, WHICH CONSTITUTES A FIRE HAZARD; PROVIDING FOR FIRE
BREAKS WHERE DEEMED NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE;
PROVIDING FOR A LIEN TO CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW OR IN
EQUITY; PROVIDING FOR NOTICES TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE
OWNER; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION; PROVIDING A PENALTY.
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. 12790
THIRD READING.OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, KNOWN AS THE "LAND
DRILLING ORDINANCE", AS AMENDED, BY AMENDING SUBSECTION 4.5 OF SAID ORDINANCE SO AS
TO PROVIDE THAT NO WELL SHALL BE DRILLED AT ANY LOATION WHICH IS ON OR MORE THAN
175 FEET FROM THE EXTERIOR BOUNDARY LINE OF THE LANDS UTILIZED FOR CEMETERIES OR
PUBLIC PARKS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally
by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample,
present and voting "Aye".
ORDINANCE NO. 12791
AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT USE AGREEMENT WITH THE STATE OF
TEXAS, THROUGH THE TEXAS PARKS AND WILDLIFE COMMISSION, WHEREBY THE CITY OF CORPUS
Minutes
Regular Council Meeting
September 10, 1975
Page 5
CHRISTI WILL GUARANTEE PUBLIC USE OF THE OSO BOAT RAMP IN PERPETUITY, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE
A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Luby, Tipton, de Asea, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 12792
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS WATER QUALITY
BOARD BY THE TERMS OF WHICH CONTRACT THE CORPUS CHRISTI -NUECES COUNTY HEALTH DEPART-
MENT LABORATORY WILL PROVIDE LABORATORY SERVICES ON A CHARGE -FOR-SERVICES BASIS AT
A MAXIMUM COST OF $30,000 FOR THE TERM OF SAID CONTRACT, COMMENCING SEPTEMBER 1, 1975,
AND TERMINATING AUGUST 31, 1976, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLAR-
ING 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. 12793
AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION
FOR SPONSORSHIP AND FUNDING OF A RAPE CRISIS CENTER, ALL AS MORE FULLY SET FORTH
IN THE GRANT APPLICATION, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART
HEREOF, MARKED EXHIBIT "A", AND AUTHORIZING THE EXECUTION OF ALL DOCUMENTS NECESSARY
TO ACCEPT THE GRANT IF AND WHEN THE GRANT IS 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. 12794
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE JAPANESE ART MUSEUM
FOR THE OPERATION AND MAINTENANCE OF A MUSEUM, AS MORE FULLY SET FORTH IN THE AGREE-
MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXIBIT "A", 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. 12795
CANCELLING THE APPROPRIATION OF $20,000 REMAINING IN THE NO. 122 GENERAL REVENUE
SHARING FUND, APPROPRIATED BY ORDINANCE NO. 11810, FOR RELOCATION EXPENSE INCURRED
IN THE BAYFRONT SCIENCE PARK PROJECT; APPROPRIATING AND REAPPROPRIATING THE SAID
$20,000 OUT OF THE NO. 122 GENERAL REVENUE SHARING FUND, ACTIVITY NO. 4181, CODE
501, BY ORDINANCE NO. 11874, PASSED AND APPROVED ON JANUARY 16, 1974, FOR ACQUISITION
OF PARCELS 31 AND 32, BLOCK 80, BEACH PORTION, FOR A TOTAL COMPENSATION OF $87,036.50
OF WHICH AMOUNT $86,500 IS FOR LAND ACQUISITION & $536.50 IS FOR INCIDENTAL EXPENSES
RELATED TO CLOSING, ALL IN CONNECTION WITH THE BAYFRONT SCIENCE PARK AREA EXPANSION
PROJECT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby present and voting "Nay".
Minutes
Regular Council Meeting
September 10, 1975
Page 6
RESOLUTION NO. 12796
ADOPTING A PRELIMINARY PROJECT SCHEDULE IN CONNECTION WITH EACH OF THE FOUR SANITARY
SEWER PROJECTS AS FOLLOWS:
1. Oso Treatment Plant System, WPC #T-185,
2. Flour Bluff System, WPC #T-186,
3. Broadway Treatment Plant System, WPC #T-187, and
4. Westside Treatment Plant System, WPC #T-188,
A COPY OF EACH SCHEDULE BEING ATTACHED HERETO, MARKED EXHIBITS "A", "B", "C", AND
"D", RESPECTIVELY, AND MADE A PART HEREOF, SAID PROJECT SCHEDULES BEING REQUIRED IN
CONNECTION WITH THE SUBMISSION OF GRANT APPLICATIONS FOR FINANCIAL ASSISTANCE UNDER
THE FEDERAL WATER POLLUTION CONTROL ACT AMENDMENT OF 1972, PUBLIC LAW NO. 92-500;
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. 12797
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARSHALL COMPANY FOR CONSTRUC-
TION OF THE BICENTENNIAL AMPITHEATER IN COLE PARK; APPROPRIATING $205,200 OUT OF THE
NO. 291 PARK BOND FUND, OF WHICH $187,500 IS FOR THE CONSTRUCTION CONTRACT, $7,061.34
IS FOR ADDITIONAL ARCHITECTURAL FEES FOR GALE GARTH CARROLL, AND $10,638.66 IS FOR
INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-72-8; 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. 12798
CONFIRMING THE APPOINTMENT OF EDWARD L. WHITTAKER TO THE OFFICE OF DIRECTOR OF
LIBRARIES BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by
the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby present and voting "Nay".
City Secretary Read stated that according to his tabulation all ordinances
voted upon had passed with Luby voting "Nay" on Ordinances No. 12795 and 12798.
Mayor Luby called for petitions or information from the audience on matters
not scheduled on the agenda.
Mrs. W. B. Carter made another appeal to the Council for relief from
flooding of her property on Corpus Christi Beach for which she claimed the City was
responsible. She reported that on numerous occasions since May of this year and
particularly during recent rains, her motel had been flooded; that the property is
being severely damaged by the City; and at the same time, her taxes are being
increased. She stated she would be out of business for three or four weeks so far
Minutes
Regular Council Meeting
September 10, 1975
Page 7
as her downstairs is concerned as a result of the flooding of last week. She stated
she had received notice from the Board of Equalization but had not appeared because
of the difficulty in leaving her business.
City Manager Townsend explained the complexity of this situation stating
there was no easy solution, but that he expected to have a detailed plan in the next
three or four weeks from the Engineering Staff as to a feasible solution. He stated
there is no temporary relief but an attempt is being made to route the water back
into the Bay. He promised a report in one month.
The Regular Meeting was recessed at 2:40 p.m. and reconvened at 3:00 p.m.
Mayor Luby announced the public hearing scheduled at 3:00 p.m. on assess-
ments for Molina Area Street Improvements Unit II, Part "A", Sidewalk Improvements,
Horne Road from Columbia Street to Molina Drive, South side only.
City Manager Townsend explained the procedure to be followed and stated
Hal George
that Assistant City Attorney/would conduct the hearing.
Assistant City Attorney Hal George stated the purpose of the hearing is
to comply with the State Statute regarding paving assessments; that testimony would
be offered from the Director of Engineering and Physical Development, and evaluation
testimony from a real estate appraiser to substantiate the assessments which appear
on the preliminary assessment roll, and that the hearing is to form a basis on which
the City Council, acting as a legislative body, would'determine and establish the
assessments on the abutting properties.
Director of Engineering and Physical Development James K. Lontos testified
as to his identity, occupation, time of residence in the City, formal education and
qualifications as an engineer, and his familiarity with the subject project. He
stated a written statement of his qualifications are on file in the office of the
City Secretary. He presented the plans and specifications, explained the nature and
extent of the improvements, and pointed out on a map the locations of the proposed
sidewalk improvements. He stated the project includes the construction of a 4' wide
4" thick reinforced concrete sidewalk on Horne Road from Columbia Street to Molina
Drive, south side only; that the assessment rates have been calculated in accordance
with the latest paving policy adopted by the City and are based on the lowest unit
bid price submitted by Glaser Construction Company; that all properties, one and two
family use, churches and schools have been assessed at the maximum rate established by
the City Council; that the contract price (sidewalk portion) is $15,903.17; assess-
ments, $11,931.45, and the City's share is $3,971.72. He pointed out that it is
Minutes
Regular Council Meeting
September 10, 1975
Page 8
recommended that the assessments on Lot 1-A, Block 1, Laguna Acres, Eliseo Reyes,
4513 Vestal, be deleted (Item #46), because it is occupied by a service station with
entire concrete frontage.
Mr. Harold Carr testified as to his identify as a real estate appraiser of
various types of real estate, and his familiarity with the subject project. He
filed a resume of his qualifications with the City Secretary. Mr. Carr stated he
had personally examined each and every parcel of land involved in the subject project
as to the evaluation in relation to the assessments; there are no irregular shaped
lots involved and, in his opinion, each of the abutting properties will be enhanced
in value as a result of the improvements at least to the amount of the assessments.
He stated that he had been handed the recommended adjustment on Item 1146 and concurred
in this recommendation.
No one appeared to speak in favor or in opposition to the assessments.
Motion by Lozano, seconded by Tipton and passed, that the hearing be closed.
The Meeting was recessed at 3:10 p.m. during which time the Council
convened in workshop session and City Manager Townsend discussed the status of the
pending lawsuits involving the City. He stated that former Assistant City Attorney
Jim McKibben had been asked to continue representing the City in pending litigation
in which he had been actively involved. He furnished the Council with a copy of a
summary prepared by Mr. McKibben concerning the pending matters. He explained an
agreement had been reached whereby Mr. McKibben would be paid $50 an hour for his
services.
Mr. Townsend also furnished the Council with a status report concerning
the LoVaca Gathering Company lawsuit prepared by Mr. McKibben. He stated that
basically it is recommended that Mr. James McKibben of the firm of Dyer, Redford,
Burnett, Wray and Woolsey be employed to assist in the Coastal States Gas case and
the Civil Service matter.
Mayor Luby stated it is his wish that Mr. McKibben not be employed in
connection with these matters.
The Regular Meeting was reconvened at 3:30 p.m.
Motion by de Ases, seconded by Gulley and passed, with Luby voting "Nay"
that the recommendation of the City Manager be accepted and Mr. Jim McKibben be
employed to represent the City in the Coastal States Gas case and the Civil Service
matter.
Mayor Luby announced the public hearing on.zoning Application #875-5,
Minutes
Regular Council Meeting
September 10, 1975
Page 9
Nueces County Hospital District dba Memorial Medical Center, scheduled for 3:30 p.m.
Townsend
City Manager/presented the request which was for change of zoning from
"A-2" Apartment House District to "B-1" Neighborhood Business District, on Lots 1,
2, 3, 27 & 28, Block 4, Tierra Alta Addition, located on the north side of Buford
Street between 22nd and 23rd Streets. The request was heard by the Planning Commis -
1975
sion on August 5, 1975 and August 19/and forwarded to the Council with the recom-
mendation that it be denied but in lieu thereof a special permit be approved for a
parking lot stipulating that both landscaping and "low profile: lighting be incor-
porated into the site plan which site plan was approved on August 19. It was the
Planning Staff's opinion that this request should be denied and in lieu thereof a
special permit be approved for a parking lot so that the use could be placed in the
area but at the same time "soften" the impact on the neighborhood and provide better
control over the use; and that landscaping and indirect or "low -profile" lighting
be included in the specific site plan to assure that lighting would be directed
away from the neighborhood. Mr. Townsend reported that in response to this hearing,
two letters had been received in favor and none in opposition.
Chief Planner Larry Wenger described the land use and zoning in the
surrounding area. He made a colored slide presentation showing high weeds on vacant
lots around the hospital. It was agreed by the Council that the landscaping incor-
porated in the site plan would improve the general area, and it was suggested that
since the parking lot would be open to the public it could be utilized as a recrea-
tional area.
No one appeared in opposition to the foregoing application and recommenda-
tion of the Planning Commission.
Motion by Tipton, seconded by Lozano and passed, that the hearing be closed.
Motion by Tipton, seconded by Sample and passed, that the recommendation of
the Planning Commission be concurred in and Application #875-5, Nueces County
Hospital District dba Memorial Medical Center, for change of zoning from "A-2"
Apartment House District to "B-1" Neighborhood Business District, on Lots 1, 2, 3,
27 & 28, Block 4, Tierra Alta Addition, be denied but in lieu thereof a special
permit be approved for a parking lot stipulating that both landscaping and "low
profile" lighting be incorporated into the site plan, and an ordinance be brought
forward effectuating the special permit. It was agreed that the Nueces County
Hospital District be contacted regarding the advisability of using the parking lot
as a public recreational area.
Minutes
Regular Council Meeting
September 10, 1975
Page 10
ORDINANCE NO. 12799
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 ORDI-
NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS
AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF NUECES COUNTY HOSPITAL
DISTRICT dba MEMORIAL MEDICAL CENTER, BY GRANTING A SPECIAL COUNCIL PERMIT FOR A
PARKING LOT, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT
TO THE CONDITIONS HEREINAFTER SET FORTH, ON LOTS 1, 2, 3, 27 AND 28, BLOCK 4, TIERRA
ALTA ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING
IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the following ordinance was passed by
the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
The Regular Meeting was recessed at 3:55 p.m. and reconvened at 4:05 p.m.
at which time bids were received as scheduled.
Bids were opened and read by Director of Engineering and Physical Develop-
ment James K. Lontos on drainage outfall improvements for the Waldron Road Street
Paving Project. He explained that the plans originally called for these to be
included in the street paving plans on which the State Department of Highways and
Public Transportation will receive bids in October or November; that by separating
this work, the total project can be expedited, the cost of the project probably less
and alternate bids can be taken for a larger size pipe to drain property at the
corner of Purdue and Waldron; and that bids will be taken for construction of the
outfall either as a box or pipe. He stated the outfall will be along Purdue Road
from Waldron to near Laguna Shores Road. Bids were received from the fo11nwing
firms: Abacus Corporation; Heldenfels Brothers; W. T. Young Construction Company;
and Isles Construction Company.
The foregoing bids were tabled for 48 hours pursuant to the requirements
of the City Charter and referred to the City Manager for tabulation and recommendation.
Bids were opened and read by M. Lontos on Molina Area Street Improvements,
Unit II, Phase "B" which includes Molina from Horne Road to West Point, Barrera and
Angela Streets from Bloomington to West Point, and Villareal Drive from Elvira to
Molina. Bids were received from the following firms: King Construction Company;
Asphalt Paving & Construction Company; Heldenfels Brothers; Abacus Corporation;
Isles Construction; and Leopard Construction Company. The foregoing bids were tabled
for 48 hours pursuant to the requirements of the City and referred to the City
Manager for tabulation and recommendation.
The Regular Meeting was recessed at 4:25 p.m.
Minutes
Regular Council Meeting
September 10, 1975
Page 11
The Workshop meeting was reconvened and the Council discussed appointments
to Boards & Committees
Mayor Luby nominated himself and Mr. Clemente Garcia to serve on the
Municipal Industrial Commission to fill vacancies created by the resignation of
Mr. Bob Franz, and assumption of ex -officio membership of Mr. Larry J. Tucker as
President of the Chamber of Commerce. The nomination for Mayor Luby was seconded
by Commissioner Gill. Luby, Gill and Lozano voting "Aye" and Tipton, de Ases, Gulley
and Sample voting "Nay". The nomination for Clemente Garcia was seconded by Lozano,
with Luby and Lozano voting "Aye", and Tipton, de Ases, Gill, Gulley and Sample
voting "Nay". Both motions failed for lack of sufficient affirmative votes. Mayor
Luby stated he would have to come back next week with other names of possible
appointees to the Municipal Industrial Commission.
Mayor Luby placed the names of 0. E. Cannon and Clyde Jackson before the
Council as his appointment to the Municipal Court "B" and "C" respectively. The
Council approved and confirmed the appointment of 0. E. Cannon as Judge of Court "B"
but did not approve the appointment of Clyde Jackson for Court "C". Commissioner
Gulley asked the Mayor his intentions with regard to the reappointment of Judge
Dan Flynn as presiding judge but the Mayor replied that he was not ready to make
that appointment at this time. Mayor Luby then withdrew his appointment of
Clyde Jackson.
Following a brief recess at 5:27 p.m. the Council reconvened the Regular
Meeting and recognized County Commissioner Tina Villanueva of Jim Wells County who
presented the Council with the properly executed contract regarding the meals program
for the elderly in Jim Wells County and on motion by Gill, seconded by Lozano, the
contract was accepted by unanimous vote of Council members present. Commissioner
Gulley was absent from the room.
The Council was recessed at 5:30 and reconvened the workshop session.
Commissioner de Ases again suggested that the Council have an informal
discussion with the applicants for the Municipal Judge vacancies. The Mayor pointed
out that the Charter provides that the Mayor would make the appointments but that he
had no objection to informal discussions with the applicants. Commissioner de Ases
suggested that the interviews or informal discussions should be confined only to
those applicants that the Council could agree upon. City Manager Townsend suggested
that the Council contact the City Secretary and advise him regarding the informal
discussions. Mayor Luby stated4he would want everyone on his list (those who had
Minutes
Regular Council Meeting
September 10, 1975
Page 12
applied or had been recommended by others) to be talked to or interviewed.
Commissioner de Ases stated he felt that those interviewed should be confined to
only the applicants that the Council would agree to confirm should the Mayor nominate
them. After much discussion, the workshop meeting was adjourned without any action
taken on the subject.
The Regular Meeting was i;econvened and there being no further business to
come before the Council, motion by Sample, seconded by Lozano and passed, that the
meeting be adjourned at 6:15 p.m., September 10, 1975.