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HomeMy WebLinkAboutMinutes City Council - 10/22/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS ' REGULAR COUNCIL MEETING OCTOBER 22, 1975 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem 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 Jason Luby called the meeting to order. The Invocation was given by Reverend Bob Calvert of First Church of the Nazarene. City Secretary Bill Read called the roll of those in attendance and stated there was a quorum of the Council and the necessary Charter Officers present to conduct a legally - constituted meeting. Mayor Luby announced the issuance of proclamations in his office relative to • the following: HELP YOUNG AMERICA WEEK, October 26 through November I, 1975 and . INTERNATIONAL TOASTMISTRESS CLUBS WEEK; October 25 through 31, 1975. . Mr. Wallace E. Whitworth, Manager of Central Power and Light Company, reported in compliance with Ordinance No. 12038 that the average delivered cost of fuel to CP8.L during October, 1975, was 160.32 ($I.6032) per MMBTU. Commissioner de Ases inquired about the status of the lawsuit with LoVaca. City Manager Townsend responded that it appears the Railroad Commission will wait for the lawsuits to proceed and will not act on it. *Council Member Sample arrived at 2:14 p.m. City Manager Townsend reported that the City's average price of gas will be $I .47.7, down 9 I/2r, this month, which would decrease the average residential bill by 34. He emphasized that this is only a temporary situation. Mayor Luby announced that they would depart from the scheduled agenda and next consider Item "n" under City Manager's Reports. n. -That $7,895,000 of City of Corpus Christi; Texas, Junior Lien Waterworks System Revenue Bonds, Series 1975, be sold to the Texas Water Development Board with the ii nutes Regular Council Meeting October 22, 1975 Page 2 proceeds of the sale to be used to pay off $7,105,000 outstanding First Mortgage Waterworks Revenue Bonds by advance refunding. Proceeds of the sale at an approximate effective interest rate of 4.1037% will be placed with the existing trustee, Mercantile National Bank at Dallas, to pay the bonds and interest as they mature. Motion by de Ases, seconded by Tipton and passed, that Item "n" be granted, approved and adopted as presented by City Manager Townsend. ORDINANCE NO. 12860 AUTHORIZING THE ISSUANCE OF CITY OF CORPUS CHRISTI, TEXAS JUNIOR LIEN WATER- WORKS SYSTEM REVENUE BONDS, SERIES 1975, IN THE AMOUNT OF $7,895,000 TO REFUND OUTSTANDING BONDS OF THE CITY, PLEDGING CERTAIN REVENUES OF THE CITY'S WATERWORKS SYSTEM AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT 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 City Secretary Read stated that the Ordinance voted upon passed unanimously. Mayor Luby and City Secretary Read were excused from the Council Meeting at 2:20 p.m. to sign the Ordinance and instruments pertaining to it. At the request of Commissioner de Ases, City Manager Townsend explained to the audience the action which the Council had just taken on Item "n" and the necessity for the urgency on the matter. 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 fol lows: a. That a public hearing be held on November 5, 1975 for contractual annexation of a 38.493 -acre tract of land out of Lots 13, 14 & 15, Section 5, Flour Bluff and Encinal Farm & Garden Tracts (Flyway Unit II) and a portion of Snowgoose Road (County Road 26-A) along the south boundary of Flyway Unit II. The area is generally located south of Saratoga and east of Everhart. b. That a public hearing be during the Regular Council Meeting at 3:30 p.m. on November 12, 1975 on the following zoning applications: I . Mr. Zeke Serra: From "R-2" to "B -I", located on the southeast corner of Ayers and Fannin Streets. Minutes Regular Council Meeting October 22, 1975 Page 3 2. First Savings Association: From "R -IB" to "A-2", located on the northeast comer of Everhart and Snowgoose Roads. c. That a public hearing be held on November 12, 1975 to change the name of Martha Drive between Cantwell Drive and Savage Lane to Savage Lane. Martha Drive runs from the point where Savage Lane turns north toward 1.H. 37 to Cantwell Drive. Central Power & Light Company is building a technical center on Martha Drive. The proposed name change would eliminate any confusion regarding deliveries since another Martha Drive exists in Flour Bluff just north of the Barney Davis Power Plant. d. That bids be received at 11:00 a.m., November 11, 1975 for one additional and one replacement gas-fired swimming pool heaters. The replacement is for the Meadowpark pool and the additional for Collier pool. e. That the bid award for 2 - 2,000 gpm return wash water pumps for the Stevens Filter Plant be made to J & M Mechanical Sales, San Antonio on the basis of low bid meeting specifications of $17,266. The apparent low bid of $13,400 by Delta Machine Company, Brownsville, did not meet specifications in that total dynamic head at maximum flow (2,800 gpm) must be 80' whereas they bid 64'. The apparent low bid of $15,800 by Layne Texas Company, Houston, was for a pump with a 75 h.p. motor, but the pump curve for the model bid showed a 80 h.p. demand. An alternate bid with a 100 h.p. motor was submitted for $17,407 including a I% per month maximum escalation until delivery (estimated 3 months). The bid of $17,200 by South Texas Industrial, Corpus Christi, could not be evaluated because the pump curves submitted were incorrect for the model bid. The pumps along with the construction of a 350,000 gal. return wash water holding reservoir and return pumping system will eliminate the discharge of sediment and wash water into the Nueces River. Bids were received from 7 firms. f. That the Navy's suggested revisions to the existing fire mutual aid contract be approved. The proposed changes clarify wording and establish a new beginning date. The current contract became effective June 10, 1970. The new contract will continue the existing relationship of each department being available to assist the other with each accepting its own liabilities and costs. g. That a contract be approved with Texas A&I University at Corpus Christi for $15,000 of a $30,000 local match required for the federal grant to establish an oil spill r.0 nutes Regular Council Meeting October 22, 1975 Page 4 training school . The other $15,000 will be provided by the Navigation District. The school will improve the ability of employees of the City and local industry to control, harvest and R dispose of oil spills. It is anticipated that about 500 students per year will attend from throughout the world. The previous Council passed a resolution on April 2, 1975 supporting the program. The 1975-76 Budget provides $15,000 for this purpose. h. That authority be granted to execute an amended Title VII Nutrition Program contract with Jim Wells County providing for the transfer of $3,136 from the purchase of food to the following line items: $ 400 -equipment 500 - recreational equipment and supplies 1,500 - building and equipment maintenance 500 -vehicle insurance 236 - building insurance The modification does not increase or decrease the overall funding of this program. The contract ,terminates November 30, 1975. i . That the 10' utility easement located between Lots I and 2, Block 4, Roseland Place between the Crosstown Expressway, Horne Road and Rambler be abandoned. The request has been circulated through the affected departments. It is only recommended if the property is first replatted. j. That the contract for construction of sanitary sewers to Clarkwood, San Juan and McNorton be awarded to Abacus Corporation for $404,345 and that $425,000 be appropriated for the contract, engineering and related expenses subject to concurrence by the Texas Water Quality Board and the'Environmental Protection Agency. The contract includes the connection of San Juan, Clarkwood and McNorton into the City sanitary sewer system by constructing a gravity main, force main and lift station. The lateral lines to these subdivisions have previously been constructed by the City, County and the Federal Department of Housing and Urban Development.' k. That the Industrial Waste Ordinance be revised by adding provisions for issuance of industrial waste discharge permits, for the use of standard value tables for determining BOD and suspended solids values for calculating industrial waste surcharges, and modify sampling procedures. This ordinance generally follows provisions established in the model Industrial Waste Ordinance prepared by the Texas Water Quality Board and will enable the City to meet require=' Minutes Regular Council Meeting October 22, 1975 Page 5 ments of the May 27 Water Quality Board order that the City enforce an industrial waste ordinance. I. That an ordinance be adopted regulating the transporting and discharge of domestic, industrial and commercial wastes by commercial liquid waste haulers and establishing disposal fees. There are no City regulations requiring liquid waste haulers to obtain permits, keep records of types and quantities of waste dumped, and keep equipment in a safe condition to eliminate spills. Dumping locations for acceptable wastes will be designated by the City. This ordinance will help meet recent EPA and Texas Water Quality Board requirements. The proposed ordinance provides: I. An annual $10 per vehicle permit fee for liquid waste haulers. 2. Inspection of each vehicle to insure that no leakage or spillage can occur during transport and that discharge hoses are provided to empty the vehicle. 3. Individual driver certification regarding rules and regulations concerning hauling and disposal. 4. An indemnity bond and public liability insurance policy. 5. A hauling log book showing dates on which waste was hauled, the quan- tity and nature of the waste, and the disposal site. 6. A fee of $1.50 per 500 gallons for septic or holding tank wastes disposed of at municipal treatment plants. Where the sanitary sewer collection system is not available to a commercial or industrial customer, wastes to be disposed of does not exceed 10,000 gallons per month for six months, and the strength does not exceed normal domestic sewage and does not contain prohibited industrial wastes, the customer will be charged the same fee as a customer connected to the collection system. m. . That bids be received at II a.m., Monday, November 10, 1975 for a 12 -month supply (350,000 lbs.) of hydrogen peroxide - 50% concentration - and related storage tanks to be used for in-line treatment and odor and corrosion control in the Broadway and Westside system plants and the McArdle trunk main. Optional bids will be taken for 4 injection pumps and will be compared with bids solicited informally to determine the best price. Item "n" previously considered. Item "o" omitted. p. That Change Order No. 5 to the Community Auditorium be approved for furnishing hot -dipped galvanized reinforcing steel in lieu of plain reinforcing steel for the utes Regular Council Meeting October 22, 1975 Page 6 exterior walls of the building. There are 156 exterior pre -cast 5" thick panels to be built for the exterior walls. Due to the corrosive atmosphere near the water, many future costly maintenance problems can be eliminated if galvanized steel is used. No additional appropria- tion is required. q. - That a resolution be authorized for continuation of the Police Planning and Research Unit program for one year after completion of Criminal Justice Division funding. The additional funding period for the City would be September 30, 1976, through September 30, 1977, at a level of state -federal assistance of approximately $30,000. r. That a resolution be authorized for the continuation of the Police Department Youth Bureau for one year after completion of Criminal Justice Division funding. The additional funding period is from January 1, 1976, through December 31, 1977, at a level of state -federal assistance of approximately $145,000. s. That an ordinance be approved authorizing the City Manager to execute an agreement with the Coastal Bend Council of Governments to provide that they be responsible for the acquisition of radio equipment and communications towers and the hiring of a consultant to prepare plans and specifications and supervise the installation of the system. Funds for these improvements to the Police Communications System are provided by a Criminal Justice Division grant through the Coastal Bend Council of Governments in the amount of $103,500. On August 13, 1975, the City Council authorized the Council of Governments to purchase the equipment and provide these services. t. That a contract be authorized with Nueces County to abate the public health problem in San Juan Subdivision and related reports and recommendations. u. That the tax rate for the year 1975 be reduced 4 cents per $I00 assessed valuation from $1.58 to $I .54. City Manager Townsend described in more detail Items "q" through "t" because the Council had not had an opportunity to review those Items during the Workshop Meeting held that morning. Relative to Items "q" and "r", City Manager Townsend added that it would be the City's intention to carry those programs forward each year and to appropriate the monies for them; but that technically a firm commitment for the program to be carried out at this level next year cannot be made unless the monies are actually appropriated. h. .res Regular Council Meeting October 22, 1975 Page 7 Commissioner de Ases requested information regarding both programs that would bring him up-to-date on them and inform Mm as to what had been accomplished through them so far. City Manager Townsend stated he would provide this data. (Mayor Luby returned to the Meeting at 2:45 p.m.) Concerning the foregoing Item "t", City Manager Townsend summarized the San Juan situation and informed the Council that the County has made available $25,000 to the City to assist in the abatement of this nuisance. He explained that signature loans through the Farmers Home Administration with a I% interest rate will be available for the people in the San Juan area and that he felt most of the people will be able to qualify for these loans; and that the City will be able to make loans at the usual wastewater interest rate of 5 I/4% to those homes that do not qualify for FHA financing. He explained that the payments could be stretched out from five years to as long as ten years in hardship cases, although the usual length of time for repayment on a sewer connection is two years. He reported that nonpayment on these loans has not been a problem in the history of the City because the City has the right to disconnect the utilities in such case. City Manager Townsend also stated that the Nueces County Fresh Water Supply District #I which was Clarkwood has now been abolished; that the City became the owner of that water system and its assets, which totaled approximately $22,000. He proposed that half of that money be allowed to remain in the City's water system and be available for improvements and the remaining $11,000 be added to the $25,000 to be received from the County and used as a revolving fund to be utilized whenever there was a health hazard which would justify financing of this type. City Manager Townsend pointed out that while the City was in the trustee relationship with San Juan, those people were being charged the same as homes inside the City limits; but that after the sewer connections are made the people will have to be treated without discrimination which will mean they will be charged outside rates, which will be higher. He added that the water system has been checked out very thoroughly in the San Juan subdivision and there is no problem. utes Regular Council Meeting October 22, 1975 Page 8 Mayor Luby requested a written report stating that the staff has checked the water lines in San Juan and there is no danger to anyone from contamination; that he felt the water lines in that area need to be inspected. City Manager Townsend responded that no water is delivered anywhere within the City at any time that is not safe. Mayor Luby repeated that he felt the plumbing should be checked. City Manager Townsend explained that it has been the policy in the past in the connection of an existing facility to the City sewer, it is assumed to be a transfer of utilities and the City does not inspect beyond the point that the connection is being made; that the people in San Juan are fearful of tying onto the sewer for that reason, because the inspector will come into their house. Therefore, the City will take the connection as is and allow them into the City sewer system, which he felt would be better than their having none at all . He reported that they would check the water lines outside for pressure and things like that. • Commissioner de Ases inquired if the City Manager would bring a recommendation to the Council next week involving a survey of areas within the City limits that are in need of similar assistance in connections to the sewer line. - Ci ty Manager Townsend responded that over 5,000 homes are available to City sewer lines that are not connected; that the only cases being forced to connect are those that the sanitary irspectors actually determine to be a hazard; for example, when a private system breaks down and overflows and cannot be corrected. Commissioner de Ases requested a report from Dr. Metzger or some other member of the staff regarding the number of infectious hepatitis cases reported in San Juan and the treatment given. On behalf of the Council, Mayor Luby thanked the City staff and crews for the many hours they have put in to remedy the situation in San Juan; and he stressed that whatever else is needed in the way of equipment or anything should be furnished if possible. Mayor Luby called for any discussion from the audience regarding any items on the City Manager's Reports. Mr. Ricardo Gonzalez spoke relative to Item "t" that he thinks the City is moving forward with respect to better health conditions in the San Juan area but feels that there are Minutes Regular Council Meeting October 22, 1975 Page 9 other areas of the City with similar problems. He asked the Council to consider the San Carlos area and also hook up their lines with the money acquired; that he feels very strongly that the City needs to include the San Carlos area and any other area outside the City limits but within a five -mile jurisdiction; that if these monies are available through the Farriers Home Administra- tion the City should try to get them before another epidemic occurs. (City Secretary Read returned to the Meeting at 3:10 p.m.) City Manager Townsend replied that San Carlos is outside the City limits and it would be unrealistic to think that the FHA would waive the requirements with San Carlos as they did with the San Juan subdivision. He stated that this project could possibly be developed in the upcoming Community Development Program. Mr. Gonzalez inquired if it would be treated as a first -priority item. City Manager Townsend replied that it has to go through an approved budget and would be one of a number of projects that will be available for the Council to consider. Mr. Gonzalez stated that he wanted the action taken now instead of waiting until the City gets the monies. City Manager Townsend responded that the Council must go through the required public hearing and that the process should start in the next month. Dr. Amold Gonzales asked for clarification regarding the $25,000 that the County will give to the City; he understood that the money would be used to clean up the septic tanks in San Juan. He stared he had been told by the Planning and Urban Development Department that the first priority in that area would be to clean up the tanks, and that he felt there were about 130 tanks that needed to be cleaned up to alleviate any problem. City Manager Townsend responded that if the septic tank levels are an existing problem that will not be solved with the connection to the City sewer lines then they will be pumped down; that the City staff is checking this as they go from house to house. Mayor Luby inquired if the City crews are actually inspecting the septic tanks to see if they need to be pumped out. City Manager Townsend did not know if this was being done or not. Mr. Gonzales stated that a lot of people in the San Juan subdivision could not afford to clean out their septic tanks. ites Regular Council Meeting October 22, 1975 Page 10 City Manager Townsend reported that the cost for sewer connection is $2.00 per front foot plus a $40 tap fee for the duration of the program; also that there was a $10.00 charge for plumbing inspection outside the City limits but he was going to request next week that that charge be waived. City Manager Townsend explained that the $2.00 per front foot fee is the standard charge made in every subdivision since 1956, and the City is trying to work out a system whereby the people in San Juan can purchase the pipe at the City's price, which is discounted because of volume purchases. He added that the City staff is estimating the cost of hookups for these people. Dr. Amelia Medina inquired that since the red tape was cut at the federal level, couldn't it be eliminated at the local level also in this situation. City Manager Townsend replied that City employees are working with the people in San Juan and offering their assistance in completing the loan applications and whatever else is needed, and there is no red tape or delay on the City's part. Dr. Medina then asked how long it will take before the problem is alleviated; how long the people would have to live with it. City Manager Townsend replied that as far as the City is concerned the immediate health hazard has been corrected; the standing water has been pumped down and the open sewage treated; that there will be no delay on the City's part in getting the people connected to the sewer system. Mr. Benny Benavides questioned if the $25,000 couldn't be used to hook up the families that can't get FHA loans. City Manager Townsend responded it is likely that most families will qualify for the FHA loans; that the dollars available from the County will be used for other specific things that need to be done and the balance will be returned to the County. Motion by Tipton, seconded by Lozano and passed, that the City Manager's Reports be accepted and Items "a" through "u" be granted, approved and adopted as presented by City Manager Townsend. Mayor Luby called for the ordinances and City Manager Townsend presented for the Council's consideration the following ordinances with related comments and explanations as follows: -roe Regular Council Meeting October 22, 1975 Page 11 SECOND READING OF AN ORDINANCE APPROVING THE TRANSFER OF THE TRASH CAN FRANCHISE, GRANTED BY ORDINANCE NO. 11838, FROM IMPACT ADVERTISING COMPANY OF SHREVEPORT, LOUISIANA, TO LITTER -LES, INC. 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. 12861 THIRD READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 34-27 THEREOF, SO AS TO REGULATE THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR VARIANCES IN CERTAIN CIR- CUMSTANCES; REPEALING CITY ORDINANCE NO. 12068, PASSED AND APPROVED MAY 22, 1974; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; 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. 12862 INCREASING THE COMPENSATION FOR THE MEMBERS OF THE CITY'S BOARD OF EQUALI- ZATION FROM THE PRESENT RATE OF $50 PER DAY; 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. 12863 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVISED MUTUAL FIRE FIGHTING ASSISTANCE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE COMMANDING OFFICER OF THE NAVAL AIR STATION, CORPUS CHRISTI, A COPY OF SAID AGREEMENT, IN SUBSTANTIALLY THE SAME FORM, BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMER- GENCY. 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. 12864 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ABACUS CORPORA- TION FOR CONSTRUCTION OF THE CLARKWOOD, SAN JUAN, AND MCNORTON SANITARY SEWER (E.P.A. #WPC-TEX-899), SUBJECT TO CONCURRENCE FROM THE TEXAS WATER QUALITY BOARD AND THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING Minutes Regular Council Meeting October 22, 1975 Page 12 $425,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $404,345 IS FOR THE CONSTRUCTION CONTRACT AND $20,655 I5 FOR INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-70-105; 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. 12865 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH A & I UNIVERSITY AT CORPUS CHRISTI WHEREBY THE CITY WILL PROVIDE $15,000 OF A $30,000 LOCAL MATCH REQUIRED FOR A FEDERAL GRANT TO ESTABLISH AN OIL SPILL TRAINING PROGRAM AT THE UNIVERSITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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 Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12866 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED BETWEEN LOTS 1 AND 2, BLOCK 4, ROSELAND PLACE, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO A REPLAT OF THE PROPERTY BY THE OWNERS; PROVIDING FOR SEVERABILITY; 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. 12867 AUTHORIZING EXECUTION OF A TITLE VII NUTRITION PROGRAM CONTRACT MODIFICATION BETWEEN THE CITY AND JIM WELLS COUNTY, PROVIDING FOR A BUDGET REVISION TO ENTAIL A TRANSFER OF $3,136 FROM THE RAW FOOD CATEGORY TO $400 TO EQUIPMENT, $500 TO RECREATIONAL EQUIPMENT AND SUPPLIES, $1,500 TO BUILDING AND EQUIPMENT MAINTENANCE, $500 TO VEHICLE INSURANCE, AND $236 TO BUILDING INSURANCE, A SUBSTANTIAL COPY OF SAID CONTRACT MODIFICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE EXECUTION OF ANY AND ALL OTHER DOCUMENTS REQUIRED IN THE ADMINISTRATION AND INITIATION OF THIS 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". .vli flutes Regular Council Meeting October 22, 1975 Page 13 ORDINANCE NO. 12868 AMENDING ORDINANCE NO. 12719, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 30, 1975, PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1975 AND FOR EACH SUC- CEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED, AND SUCH OTHER YEARS AS THE SAME MAY BE APPLICABLE, BY REDUCING THE TAX LEVY BY FOUR CENTS (44); PROVIDING A SAVINGS CLAUSE; 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. 12869 EXPRESSING THE INTENTION OF THE CITY TO CONTINUE THE POLICE DEPARTMENT YOUTH BUREAU FOR ONE YEAR AFTER COMPLETION OF CRIMINAL JUSTICE FUNDING, 6N DECEMBER 31, 1975; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay". ORDINANCE NO. 12870 EXPRESSING THE INTENTION OF THE CITY TO CONTINUE THE PLANNING AND RESEARCH UNIT IN THE POLICE DEPARTMENT AND TO PROVIDE THE NECESSARY FUNDS FOR SUCH OPERATIONS UPON THE EXPIRATION OF THE GRANT FROM THE CRIMINAL JUSTICE COUNCIL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay". 0 1(1)1NAN( 1 NC). 1711/1' + ' • AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NUECES COUNTY TO ABATE THE PUBLIC HEALTH PROBLEMS IN SAN JUAN SUBDIVISION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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 Ases, Gill, Gulley,+Lozano and Sample, presentand voting, "Aye ". • . . ORDINANCE NO. 12872 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE ACQUISITION OF RADIO EQUIPMENT AND COMMUNICATIONS TOWERS, AND THE HIRING OF A CONSULTANT TO PREPARE Minutes Regular Council Meeting October 22, 1975 Page 14 PLANS AND SPECIFICATIONS AND SUPERVISE THE INSTALLATION OF THE SYSTEM, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS 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 Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mayor Luby called for anyone in the audience who would like to speak relative to the Ordinances. Mr. David Saenz, 1430 Seventeenth Street, spoke in opposition to Ordinance No. 12862 which would increase the compensation for the Board of Equalization members to $75 per day. He compared the salary for the Board of Equalization members to that of other boards and commissions in the City; he feels the present $50 per day is adequate for the job they are doing. City Secretary Read stated that according to his tabulation, all ordinances voted upon had passed unanimously with the exception of Ordinances No. 12869 and 12870 which received one "Nay" vote on their passage. City Manager Townsend presented the scheduled public hearing, Application #975-6, Ms. Maria Angelica Tovar, for change of zoning from "R -IB" and a Special Permit to "B-1", located on the southeast corner of Prescott Street and Horne Road, being Lots 12, 13, 14 & 15, Block 2, Midway, and stated that in response to this hearing, four letters had been received in favor and two in opposition. The Planning Commission recommends approval; the staff recommended that it not be approved. Chief Planner Larry Wenger summarized the facts of the case and presented a land use and zoning map of the area in question. The applicant, Ms. Maria Angelica Tovar, 345 Old Rcbstown Road, stated that she had gotten a petition and that 99% of the people in the area are in favor of the change; that only one person was against it. She stated that she owns the Weemart Shopping Center across the street and plans to move the house on subject property to another lot and construct another shopping center with five units similar to the existing shopping center across the street. Minutes Regular Council Meeting October 22, 1975 Page 15 Mayor Luby called for anyone from the audience in opposition to the request. No one appeared. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Lozano, seconded by Tipton and passed, that the recommendation of the Planning Commission be concurred in and Application #975-6, Ms. Maria Angelica Tovar, for change of zoning from "R -IB" and a Special Permit to "B -I", located on the southeast corner of Prescott Street and Horne Road, being Lots 12, 13, 14 & 15, Block 2, Midway, be approved, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12873 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MARIA ANGELICA TOVAR BYAMthDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 12, 13, 14 AND 15, BLOCK 2, MIDWAY ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -IB" ONE -FAMILY DWELLING DISTRICT AND A SPECIAL PERMIT TO "B -I" NEIGHBORHOOD BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". City Manager Townsend presented the appeal of Mr. Jon Held of the Planning Commission's denial of a preliminary plat of Tropic Heights Unit 3 consisting of approximately 112 acres in Flour Bluff adjacent to Waldron Field and the scheduled public hearing, Application 0975-4, Corpus Christi Construction Company, Inc., for change of zoning from "R -IB" One -family Dwelling District to "RE" Residential Estate District, on a 96.084 - acre tract out of Lots I, 2, 3, 4, 5 &6, Section 52, Flour Bluff & Encina) Ftrrm & Garden Tracts, located south of Mediterranean Drive commencing 220 feet east of Waldron Road; that these two agenda items could be combined and can be heard together. He stated that in response to this hearing, five letters had been received in favor and one in opposition. The Planning Commission recommends approval of the change of zoning, and the staff recommends approval. Minutes Regular Council Meeting October 22, 1975 Page 16 Chief Planner Larry Wenger summarized the plat and outlined three major points of the staff's concern regarding it. He reviewed the series of past appearances by Mr. Held on this project and distributed to the Council copies of the amendment to Platting Ordinance No. 12611. City Manager Townsend pointed out that there was a misunderstanding regarding the park dedication or park acquisition on this case and whether the acreage which the City would purchase for the park would be five acres or eight actin; also that there is a street closing involved, and a serious drainage problem. Mr. Harlan •Heitkamp with Maverick Engineering presented maps outlining the area and the proposed subdivision. He gave background information on the case; that the proposed change, of zoning would meanareduction from approximately four lots per acre or about 500 homes to one lot per acre which would be about 94 homes, with approximately eight acres for park dedication; that it was much more desirable to have a lower density of homes in the area because of the Waldron Field flight pattern, and he pointed out that the location of the proposed park would be in the highest noise zone. He stateyi that there is a drainage problem in a subdivision which adjoins their property; that during heavy rains water stands a couple feet high in that area. Mr. Jon Held explained the terms of the contract with regard to the park issue when he purchased the land some 15 years ago. He stated that he would accept the same amount for the land which the City is to purchase for the park as was assessed on his front acres of land. Commissioner Lozano inquired if the City had the money to buy the land. City Manager Townsend replied that at the present time he did not know; the only possibility he could think of would be some isolated park trust funds. Director of Engineering and Physical Development James Lorltos addressed the matter of drainage in the proposed subdivision. He stated that he was in disagreement with Mr. Held; he acknowledged that the existing subdivision nearby does have some drainage Problems but that the plans he has seen so far indicate that the water would flow to the edge of Mr. Held's property and would substantially increase the drainage problem in the adjacent subdivision. He clarified that they are not in disagreement regarding the drainage in the interior of the proposed subdivision but that the problem is from the edge of the subdivision to the Laguna Madre. Minutes Regular Council Meeting October 22, 1975 ' Page 17 ' Commissioner de Ases asked Mr. Held if it was correct that if his appeal is not upheld he would not be able to develop this tract of land. Mr. Held replied that this was correct; that he would not financially be able to. Commissioner Gulley asked Mr. Held if he developed the land as proposed did he realize that it would channel the water off of his property onto the existing subdivision, and that he is obligated to think of the adjoining property. Mr. Held stated he realized that there is a situation existing there now that should have been taken care of by the City several years ago; that it is nothing that he has created or contributed to. Mr. Held suggested a compromise whereby the present flow of water into the existing subdivision would be calculated and then later the increased flow caused by his development could be measured, and he would be responsible for the difference. Mayor Luby called for anyone from the audience in opposition to the foregoing matter; no one appeared. Motion by de Ases, seconded by Tipton and passed, that action on the appeal of Mr. Jon Held of the Planning Commission's denial of a preliminary plat of Tropic Heights Unit 3 consisting of approximately 112 acres in Flour Bluff adjacent to Waldron Field and the zoning application be tabled pending a report from the Staff regarding the matter of the City's participation in the drainage problem, and that this report be presented within a reasonable length of time so as not to delay Mr. Held any longer. It was agreed that he should either be told he can be helped or not. Motion by de Ases, seconded by Tipton and passed, that the Regular Council Meeting be adjourned at 5:15 p.m., October 22, 1975.