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HomeMy WebLinkAboutMinutes City Council - 11/12/1975PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ages Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 12, 1975 2:00 P.M. cda J Assistant City Manager Archie Walker Acting City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order. The Invocation was given by Reverend Fred W. Hendricks, Pastor of the New Hope Baptist Church. City Secretary Read called the roll of those in attendance and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Motion by Sample, seconded by Tipton and passed, that the Minutes of the Regular Council Meeting of October 29, 1975 and of the Regular Meeting of November 5, 1975 be approved as submitted to the Council. Mayor Pro Tem Tipton presented an appreciation plaque to Ms. Anna Marie Rivera of the Clubs Unitary Council for her service and leadership in arranging for Halloween parties at local Recreation Centers, attended by over 11,000 youths, The Council also acknowledged Nick Nickerson, with the Parks and Recreation Department, for his assistance toward the program. Assistant City Manager Walker presented the scheduled public hearing of the request to change the name of Martha Drive between Cantwell Drive and Savage Lane, to Savage Lane, and showed a chart of the area. Martha Drive runs from a point where Savage Lane turns north toward IR 37 to Cantwell Drive. Central Power and 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. Mayor Luby called for anyone in the audience in opposition to the renaming of the street. No one appeared. Motion by Tipton, seconded by Lozano and passed, that the hearing be closed. Mayor Luby called for the City Manager's Reports, and Assistant City Manager Walker presented requests and recommendations, with related comments and explanations as follows: Minutes - Regular Council Meeting November 12, 1975 Page 2 a. That the bid award on 6 - 30" butterfly valves to replace valves worn beyond repair for the Water Division be made to Corpus Christi Pipe and Supply Company, Corpus Christi, on the basis of low bid meeting specifications of $24,779.60. The valves are used to drain sand filters before backwashing. Six apparent low bids did not meet specifications because two piece shafts and closed stuffing boxes were bid instead of one piece shafts and open stuffing boxes as specified. Bids were received from 9 firms. (Bid Tab 1174-75) b. That the bid award for 18 air conditioners for the Booker T. Washington Multipurpose Center (HIALCO) be made to Ike Manning Air Conditioning, Corpus Christi, on the basis of low bid of $8,682 and that this amount be appropriated from Community Development funds. Bids were received from 2 firms. (Bid Tab 1/75-75) c. That the contract with Bodine Electric Company for the Washington Elementary School (HIALCO Center) Electric Improvements be accepted and that $568,88 be appropriated to supplement previous appropriations for this work. The total cost of this contract is $8,710.50. This project is funded through the First Year Community Development Block Grant Program. d. That the McGee Beach Project be accepted and that payment in the amount of $48,750 for a total of $291,224 be made to the contractor, the Goldston Company. This figure represents all but $1,500 of the total funds due the contractor. It is recommended that $1,500 be withheld from the acceptance estimate until the problem of the breakage of the acrylic housings on the breakwater lights is corrected. A ten-day time extension is also recommended, The project included the construction of the walk- way, a concession facility, restroom facilities and lights on the breakwater. Mayor Luby inquired why the City was holding $1,500 for breakage, Assistant City Manager Walker replied that he understood that the specifications for the McGee Beach project called for unbreakable lights, and that the manufacturer was replacing the present protective guards with a more durable type. Mayor Luby complimented the addition of the lights to the area; he said they were very beautiful, and that he has received a number of favorable comments regarding them. e. That Corpus Christi Museum Roof Improvements be accepted and that final payment to the contractor, Sechrist-Hall for $10,562 be approved. The museum roof repairs project also included by change order roof repairs and vent installation at the HIALCO Center. Because of the additional work, a four-day extension of time is requested. Minutes - Regular Council Meeting November 12, 1975 Page 3 f. That the following actions be taken in connection with the Molina Area Unit II Street Improvements, Part "B": (1) A contract be awarded to King Construction Company for $482,326,56, The contract will not be executed until after the assessment hearing on November 26th. g• (2) A change order be authorized deleting 13,650 square feet of driveway, and in lieu thereof, adding 10,920 square feet of sidewalk at a price of $1.15 per square foot instead of the $0.99 per square foot bid in the proposal. This change order will result in an approximate reduction in the contract of $8,599.50; and (3) An appropriation of $500,000 be made to cover the award of the contract of $482,326.56, plus engineering, laboratory testing and related expenses. That a $10 fee be charged individuals or companies for determining elevation of property within the City. Since May 1, 1974, 139 such determinations have been made. They are necessary before flood insurance policies can be issued. Each determination takes 15 to 30 minutes of staff time and preparation of a letter. h. That a contract be approved with the State Department of Highways and Public Transportation wherein the State will reimburse the City 13% of the cost of new buses and related equipment as approved in the 1975 Urban Mass Transportation Administra- tion capital grant project. Total project cost will be $1,183,970 with the Federal portion being $947,176, the State's $153,916 and the City's $82,878. i. That the appointment of Dr. Milton L. Lewis as Industrial Health Physician be confirmed. Mr. Lewis is currently in private practice in Anaheim, California, specializing in Primary Care, General Surgery and Industrial Health. He received his M.D. Degree from Jefferson Medical College of Philadelphia, Pennsylvania. He has served in the United States Navy including his two years in Corpus Christi as Assistant Professor of Medical Microbiology at the University of Southern California School of Medicine, Consulting Microbiologist for Los Angeles General Hospital, Department of Pathology, and in hospitals in New Orleans, Louisiana; Albany, New York; and Akron, Ohio. He has also authored five medical papers. J. That an agreement be authorized with Nueces County for joint utilization of the Industrial Health Physician. In addition to performing his regular duties for the City, the Physician will provide medical assistance and supervision for the County Jail and Juvenile Shelter and physical exams for foster parents and other welfare related activities. The County will pay $600 per month toward the $38,000 salary of the physician. Minutes - Regular Council Meeting November 12, 1975 Page 4 k. That an existing 10' utility easement adjacent to Lot 1, Block 7, Ridgewood Unit #1, located between Wooldridge Road, Holly Road, Everhart and Staples Street, be abandoned. The owners of the property surrounding the easement are replating the lots and alternate easements are being provided. The affected Departments concur. 1. That Ordinance No. 12781, approved on September 3, 1975, be amended to correct a $4.99 appropriation error. The ordinance provided for a change order to the Health Center contract to coordinate vehicular and pedestrian access to the Health facility, Senior Citizens Center and Greenwood Library. No one from the audience appeared to speak relative to any Item on the City Manager's Reports. Motion by Tipton, seconded by Lozano and passed, with Mayor Luby voting "Nay" on Item "i", that the City Manager's Reports be accepted, and Items "a" through "1" be granted, approved and adopted, as presented by Assistant City Manager Walker. There was considerable discussion regarding the request by the Firemen's Association for dues check -off. Some of the Council Members expressed concern that the City should receive something from the City employees in return for granting such an important concession; that it would be unfair to give this to the firemen and not the policemen and other groups; that by granting the proposal it would be a show of good faith on the part of the City; also that the action could be rescinded if it failed to bring forth a return of good faith by the firefighters. Some Members of the Council stated that they felt the issue should be settled at the negotiating table rather than by the City Council at this time; it was pointed out that this was an item for negotiation with the Police Association at this time; they voiced concern that if this request were granted there was a possibility that other fringe benefits would be wanted in addition to dues check -off. Motion by de Ases, seconded by Gill, that the dues check -off be granted to the Firemen's Association. Commissioners de Ases, Gill and Mayor Luby voted "Aye"; Commissioners Gulley, Lozano, Sample and Mayor Pro Tem Tipton voted "Nay". Motion failed. Assistant City Manager Walker presented for the Council's consideration the following ordinances, with related comments and explanations as follows: Minutes - Regular Council Meeting November 12, 1975 Page 5 FIRST READING OF AN ORDINANCE ADOPTING A POLICY ESTABLISHING A BASIC FEE TO BE CHARGED INDIVIDUALS, FIRMS, COMPANIES OR OTHER PARTIES FOR THE PURPOSE OF UTILIZING PUBLIC RECORDS FOR THE PURPOSE OF DETERMINING ELEVATIONS OF PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AUTHORIZING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO ATTEST TO SAID ELEVATIONS BY LETTER FROM PUBLIC RECORDS, SETTING A FEE TO BE CHARGED FOR SAME, AND PRESCRIBING REQUEST FOR INFORMATION PROCEDURES; PROVIDING FOR SEVERANCE. 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". ORDINANCE NO. 12896 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, BY AMENDING ARTICLE 1, CHAPTER 38, SECTION 38-5, COMMERCIAL AND INDUSTRIAL WASTE DISPOSAL; REGULATING THE DISCHARGE OF INDUSTRIAL WASTES INTO THE SANITARY SEWAGE SYSTEM OF THE CITY OF CORPUS CHRISTI; DEFINING TERMS; REQUIRING COMPLIANCE WITH EXISTING AUTHORITY; PROHIBITING THE DISCHARGE OF CERTAIN LIQUID WASTES INTO PUBLIC SEWERS; PROVIDING FOR THE ISSUANCE OF PERMITS FOR DISCHARGING WASTES; REQUIRING CONTROL MANHOLES; AUTHORIZING DISCONNECTION OF WATER AND/OR SANITARY SEWER SERVICE TO PERSONS VIOLATING THIS ORDINANCE; PROVIDING FOR INSPECTION AND SAMPLING OF INDUSTRIAL WASTE; REQUIRING THE PRETREATMENT OF CERTAIN INDUSTRIAL WASTES; AUTHORIZING THE DIRECTOR OF PUBLIC UTILITIES TO DETERMINE THE SUFFICIENCY OF PRETREATMENT; PROVIDING AN ABNORMAL SEWAGE SURCHARGE; PROVIDING AN APPEAL; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND PARTICULARLY REPEALING ORDINANCE NO. 10499 IN ITS ENTIRETY; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR THE EFFECTIVE DATE AND PUBLICATION OF SAID ORDINANCE, 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, 12897 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 38 THEREOF BY THE ADDITION OF ARTICLE XII, SECTIONS 38-89 TO - 38-94, SAID ARTICLE TO BE KNOWN AS THE "LIQUID WASTE HAULING ORDINANCE;" REGULATING THE TRANSPORTING AND DISCHARGING OF DOMESTIC, COMMERCIAL, AND INDUSTRIAL LIQUID WASTES INTO THE MUNICIPAL WASTEWATER SYSTEM BY COMMERCIAL LIQUID WASTE HAULERS; PROVIDING FOR THE ISSUANCE OF PERMITS; REQUIRING THE KEEPING OF CERTAIN RECORDS; ESTABLISHING DUMPING LOCATIONS; PROHIBITING THE DUMPING OF CERTAIN WASTES; ESTABLISHING DISPOSAL FEES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE; 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. 12898 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT ADJACENT TO LOT 1, BLOCK 7, RIDGEWOOD UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO DEDICATION OF ALTERNATE EASEMENTS BY REPLATTING 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 votn: Luby, Tipton, de Apes. Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12899 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR STATE PUBLIC TRANSPORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -03-0020 IN AN AMOUNT OF 13% OF AUTHORIZED COST INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT 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. Minutes - Regular Council Meeting November 12, 1975 Page 6 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. 12900 AUTHORIZING THE ISSUANCE OF A PURCHASE ORDER TO IKE MANNING AIR CONDITIONING FOR THE PURCHASE'AND INSTALLATION OF 18 AIR CONDITIONING WINDOW UNITS FOR THE WASHINGTON SCHOOL (HIALCO MULTIPURPOSE CENTER); APPROPRIATING $8,682 OUT OF THE NO. 162 FEDERAL - STATE GRANT FUND, ACTIVITY 4732, CODE 502, FOR SAID PURCHASE ORDER; 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. 12901 APPROPRIATING $568.88 OUT OF THE NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4732, CODE 502 TO SUPPLEMENT PREVIOUS APPROPRIATIONS FOR THE CONTRACT WITH BODINE ELECTRIC COMPANY FOR CONSTRUCTION OF WASHINGTON SCHOOL ELECTRICAL POWER IMPROVEMENTS; 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. 12902 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUCTION OF MOLINA UNIT II STREET IMPROVEMENTS, PART "B"; APPROPRIATING $347,337 OUT OF THE NO. 162 FEDERAL -STATE GRANT FUND, ACTIVITY 4.732, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, GRANT NO. B -75 -MC -48-0502, FIRST YEAR PROGRAM; AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND FOR SAID $347,337 TO SUPPLEMENT $152,663 IN EXISTING ALLOCATIONS; APPROPRIATING AND REAPPROPRI- ATING $500,000 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $482,326,56 IS FOR THE CONSTRUCTION CONTRACT AND $17,673.44 IS FOR INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT NO, 220-72-1.1; 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. 12903 AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO INSTITUTE ANNEXATION BY EXECUTION OF A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE OWNERS OF FLYWAY SUBDIVISION UNIT II, A TRUE COPY OF WHICH IS ATTACHED HERETO AND BY THIS REFERENCE INCORPORATED HEREIN FOR ALL PURPOSES, INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF A TRACT OF LAND, CONSISTING OF 38.207 ACRES OF LAND, MORE OR LESS, OUT OF LOTS 13, 14, AND 15, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY, TEXAS, AND A PORTION OF COUNTY ROAD 26A, ALL AS IS MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS, AS HEREINAFTER SET FORTH; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; 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. 12904 AMENDING AND CORRECTING ORDINANCE NO. 12781, PASSED AND APPROVED SEPTEMBER 3, 1975, WHICH AUTHORIZED THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH LAMBERT & FONDREN, INC., FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID CHANGE ORDER PROVIDING FOR ADDITIONAL SITE WORK TO COORDINATE BOTH VEHICULAR AND PEDESTRIAN ACCESS .utes - Regular Council Meeting November 12, 1975 Page 7 TO THE HEALTH FACILITY, SENIOR CITIZEN'S CENTER, AND GREENWOOD LIBRARY; CORRECTING THE AMOUNTS OF APPROPRIATION CANCELLED BY SAID ORDINANCE NO. 12781 IN THE NOS. 121, 122, 124 AND 125 GENERAL REVENUE SHARING FUNDS TO BE $25,665.49, ACCORDING TO THE SCHEDULE ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; CORRECTING THE AMOUNT AUTHORIZED FOR TRANSFER TO THE NO. 268 HEALTH FACILITIES BOND FUND FROM $25,660.50 TO $25,665.49; KEEPING IN FORCE AND EFFECT ALL OTHER PORTIONS OF ORDINANCE NO. 12781; 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. 12905 CONFIRMING THE APPOINTMENT OF DR. MILTON L. LEWIS TO THE OFFICE OF INDUSTRIAL HEALTH PHYSICIAN 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"; Mayor Luby voting "Nay". ORDINANCE NO. 12906 CHANGING THE NAME OF MARTHA DRIVE, BETWEEN CANTWELL DRIVE AND SAVAGE LAND, TO SAVAGE LAND; 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 from the audience who would like to speak relative to any of the ordinances. No one appeared. City Secretary Read stated that all ordinances voted upon had passed, with Mayor Luby voting "Nay" on the passage of Ordinance No. 12905. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda, on any item with the exception of the LULAC proposal. Mrs. Arthur Ellis, 10935 Leopard, complimented the City for its efforts in maintaining Ocean Drive. She stated that it was a very beautiful street, but she wished some attention could be given to the west side of the City and that some palm trees and flowers could be planted on Leopard Street. Mayor Luby responded that people visiting Corpus Christi always remark that Ocean Drive is a very beautiful street, and that it is an important factor in bringing tourists back to the City. He acknowledged that a lot of time and money has been devoted to that area; and that although it was not possible to beautify all parts of the City to that extent it is hoped that similar efforts can be extended to other areas, and that Leopard Street would certainly be considered. The Meeting was recessed at 3:00 p.m. The Regular Meeting was reconvened at 3:40 p.m. Chief Planner Larry Wenger presented application $1075-1, Zeke Serna, for change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business Minutes - Regular Council Meeting November 12, 1975 Page 8 District, on Lot 2, Block 1, Lena Pearse Addition, located on the southeast corner of Ayers and Fannin Streets, and presented a zoning map and slides of the area. He explained that the applicant plans to open a real estate office in the building, with possible additional room for leasing property for other business uses. He stated that the Planning Commission recommends that it be approved as a logical egtension of the existing zoning along the street. The Staff recommends that it be denied and that it remain "R-2" because that is a heavily populated area and vehicular traffic would be increased, and because there would probably not be adequate parking for several businesses, although that would depend on the type of businesses. Commissioner Gulley inquired if the applicant planned to use the structure that is there now. Mr. Wenger replied that according to information he has received, the applicant does. Attorney Tony Bonilla represented the applicant. He stated that Mr. Serna is in the real estate business and has his office elsewhere at this time, but purchased this property for his real estate office and other real estate -related businesses. He pointed out that the majority of that portion of Ayers Street is zoned for some type of business; that the applicant has made some improvements to the property and has no intention of selling it. He stated that no business which the applicant could open could create more pedestrian or automobile traffic than the Dairy Queen across the street; that the applicant's plans for parking are not on Fannin or Ayers Streets but are on the premises only. Mr. Bonilla maintained that this type of development in no way would reduce the value of others' property or their enjoyment of their property. Commissioner de Ases stated he thought the main concern of those in opposition dealt with the broadness of "B -l" zoning; he questioned if Mr. Serna had no intention to establish any other business than real estate or real estate -related businesses. Mr. Bonilla replied that was correct; the applicant did not, Mayor Luby announced the bid opening at 4:00 for the Calallen Sanitary Sewer Trunk Lines including Sewer 35-A along Sharpsburg Road from Up River Road to Cynthia Drive and Sewer 32-A from Up River Road to IH 37. Director of Engineering and Physical Development James Lontos opened and read bids from the following firms: Abacus Corporation, Cactus Utilities, Glaser Construction Company, Heldenfels Brothers and Maverick Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Staff for tabulation and recommendation. Minutes - Regular Council Meeting November 12, 1975 Page 9 The Council then resumed the public hearing on Mr. Zeke Serna's request for change of zoning. In opposition to the foregoing request, Mr. Orby Roots, Chairman of the Housing Authority Board, stated the Board felt the residential character of the neighborhood should be preserved. He pointed out that there are 893 persons presently living in the multi -family dwelling district in La Armada, including a large number of children. He stated that more businesses across the street would create further congestion of traffic and that it would be particularly hazardous for pedestrian traffic crossing Ayers Street, especially young children. He maintained that he did not understand why the applicant had requested "B-1" Neighborhood Business District zoning when "AB" Professional Office District would suffice for a real estate office. Commissioner Lozano asked Mr. Roots if he would oppose a real estate office across the street. Mr. Roots replied that if it were guaranteed to be no more than a real estate office it would be relatively safe for the kids and he would have no major objection. Mr. Edwin Gill, 254 Ellis Drive, presented a petition from neighboring residents who were in opposition of the zoning request, He stated he would also object to a special permit for a real estate office at that location. Also appearing in opposition to the foregoing request were Mrs. Edwin Gill, 245 Ellis Drive; Ella Davis, 282 Ellis Drive; Opel Doring, 266 Ellis Drive and C, E. Kaiser, 246 Ellis Drive. Attorney Bonilla pointed out to the Council that some of the people who had appeared in opposition did not own property within the 200' limit. Motion by Tipton, seconded by Gulley and passed, that the hearing be closed. Motion by Gill that the request be denied. Motion died for lack of a second. Motion by Gulley, seconded by de Ases and passed, with Gill voting "Nay", that Application #1075-1, Zeke Serna, for change of zoning from "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District on Lot 2, Block 1, Lena Pearse Addition be denied; but in lieu thereof a special permit be issued limiting the businesses to a real estate office and related offices, and a one-way entrance from Ayers Street and an exit on Fannin Street, subject to an acceptable site plan. Mr. Bonilla replied that the traffic pattern and parking could be arranged in that manner, and the special permit was acceptable. Minutes - Regular Council Meeting November 12, 1975 Page 10 Chief Planner Larry Wenger presented Application #1075-2, First Savings Association, for change of zoning from "R -1B" One -Family Dwelling District to "A-2" Apartment House District on Lot 26, Block 11, Flyway Addition Unit #1, located on the northeast corner of Everhart and Snowgoose Roads, and showed a zoning map and slides of the area. He stated that the recommendation of the Planning Commission is that it be denied but in lieu thereof "A-1" Apartment House District be approved, which would reduce the density from 34 units per acre to 21 units per acre; and that the Planning Staff concurs with the "A-1" zoning, as did the applicant. He added that most of the property in the area is presently vacant, but the curbs and gutters are being installed. No one from the audience appeared in favor of or in opposition to the foregoing request. Motion by Lozano, seconded by Sample and passed, that the hearing be closed. Motion by de Ases, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #1075-2, First Savings Association, for change of zoning from "R -1B" One -Family Dwelling District to "A-2" Apartment House District on Lot 26, Block 11, F1yWay Addition Unit #1, be approved, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12907 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 FIRST SAVINGS ASSOCIATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 26, BLOCK 11, FLYWAY UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". City Secretary Read stated that according to his tally the foregoing ordinance voted upon passed unanimously. The Regular Council Meeting recessed at 4:40 p.m. to go to Exposition Hall for the scheduled public hearing on the LULAC proposal for Artesian Park. The Regular Council Meeting was resumed at 4:55 p.m. in the Ekposition Hall. Mayor Luby announced the agenda to be followed for the public hearing on the LULAC proposal, starting with the presentation of the proposal and those in favor of it. _ ces - Regular Council Meeting November 12, 1975 Page 11 Mr. Ruben Bonilla, Jr., President of the League of United Latin American Citizens (LULAC), informed the Council that LULAC was founded in Corpus Christi; that it is a nonprofit, nonpolitical organization which each year awards thousands of dollars of scholarships to local area students without consideration of ethnic background. He read excerpts from the LULAC report to the Bicentennial Commission and stated that the proposed project would maintain and enhance the monument erected by the Daughters of the American Revolution commemorating General Zachary Taylor's encampment along Corpus Christi's beaches in 1845; would preserve and maintain the zero mile marker for the City which is situated within the park complex; and would preserve and more appropriately recognize the location of the first Artesian Well drilled in the City of Corpus Christi. He informed the Council that the projected cost of the entire proposal is approximately $50,000, to be financed entirely by LULAC. He stated that this proposed Bicentennial project would modify the park's name sothat in the future Artesian Park would be known and referred to as "LULAC Plaza in Artesian Park", but would retain the name and historic quality of the park and would integrate every historical aspect of the park. He emphasized that LULAC is not destroying any historical data or structure that is presently there. He maintained that although City crews have cleared the park and cleaned it up somewhat, it is a haven for derelicts; that in walking through it that morning several empty wine bottles were found; he added that the LULAC proposal would provide needed renovation and refurbishment of and set a good example for the rest of the downtown area. Mr. Bonilla detailed the Spanish historical context of the City of Corpus Christi and Artesian Park, and emphasized the need for an area that would highlight the history of the Spanish-speaking citizens; he stated that their culture is not adequately represented in the present parks in the City nor are they fairly represented on many of the City's Boards and Commissions. He emphasized that LULAC is not proposing that Artesian Park no longer be used as a public park, which is specified in the deed, but that it be for all citizens of Corpus Christi forever. (28 minutes) Guadalupe Valdez, Bicentennial Committee Chairman, stated that the LULAC proposal would help all ethnic groups in the immediate area; that LULAC was not here to destroy or divide, but to unify; that it is the intent of LULAC to work for the community for the sake of everyone concerned. (2 minutes) Mr. Romeo Garcia, architect, presented slides of Artesian Park and the surrounding area and slides outlining LULAC's proposed architectural changes to the park, which include remodeling the existing vacant building in the park; construction of a 40' pavillion-type building or bandstand to be used for political rallies, dances and other recreational and leisure activities; construction of 3 large sculptured motes - Regular Council Meeting November 12, 1975 Page 12 tabloids inscribed with a history of Artesian Park and a history of contributions of Spanish-speaking citizens to the area; and construction of a multi-level lighted fountain. (8 minutes) Mr. Armando Saenz, Chairman of the Park and Recreation Board, stressed that LULAC is not asking for any money from the City, but is instead handing over $50,000 to share a park in a historical sense; that this would be a contribution toward the celebration of the Bicentennial and would let the world know that LULAC was founded in Corpus Christi. (5 minutes) Mr. Hugo Berlanga, Vice -Chairman of the Park and Recreation Board, stated that he had personally checked into plans to renovate the park in the near future, and found that the only improvement planned was to repair the roof on the existing building. He stressed that the City should continue to utilize monies to improve the bayfront area of the City. (3 minutes) Mr. Carlos Truan, Texas State Representative, stated he had participated in LULAC for a number of years, and acknowledged some of the organization's achievements. He stated that at the present time he does not feel that it is safe to walk downtown with his family,but felt that the LULAC proposal would revitalize the downtown area. (7 minutes). Dr. Clotilde Garcia, of the G. I. Forum of Corpus Christi, presented a map of Nueces County and detailed the Spanish contributions to the history of the area. She stated she believed that LULAC should be given the right or privilege to improve Artesian Park. (11 minutes) Mr. Noe Arevalo, Chairman of the G. I. Forum of Corpus Christi, spoke relative to the importance of the proposed improvements to the park, and that he is in favor of the proposal. (2 minutes) Dr. Amelia Medina, LULAC District Director, stated that the preservation of history is more than monuments to war heroes and plaques to wells, and that she is in favor of the proposal. (2 minutes) (Total: 1 hour and 8 minutes for presentation and support of the proposal) Next on the agenda were those in opposition to the proposal, as follows: Miss Mary Lou Huffman, member and past Chairman of the Park and Recreation Board, presented the position of the minority vote of the Board. She stated that they had found Artesian Park to be peaceful, serene and in at least fair condition for the area it serves; that the percentage of residential population in the downtown area is minimal, and that the park is adequate for the needs of those living nearby. She rites - Regular Council Meeting November 12, 1975 Page 13 reviewed the historical significance of the park and stated that a change in the name of the park would be confusing, particularly in the reading of historical documents now on record, and would not be in the best interest of the community as a whole. Miss Huffman stated that they felt that LULAC's funds could be more wisely appropriated to another area within the City, such as Ben Garza Park, without altering a historical name, landmark or acreage. Miss Huffman also pointed out what was felt to be violations of required procedure for the naming of parks and facilities; also that conflicts of interest contrary to Ordinance No. 6460 had occurred, and several other discrepancies. She maintained that Artesian Park, consisting of 1.04 acres, has more trees, flowers, benches, etc. proportionately than any other park in the City; that the addition of other projects would overwhelm this small area. Miss Huffman also mentioned that although the project would be completed at no cost to the City, the taxpayers would be responsible for maintaining LULAC Plaza in Artesian Park from that time forward. (8 minutes) Dr. Richard Marcum, Chairman of the Landmark Commission, stated that the proposed changes for Artesian Park are not commensurate with the ordinance creating the Landmark Commission; that after considerable research the Landmark Commission considers Artesian Park to be a historic landmark that should be preserved in name, historical significance and public use; and that the Landmark Commission has requested that H -C (Historical Landmark) zoning for Artesian Park be granted. He noted that the facts concerning Artesian Park are very well documented in the National Archives in Washington, D. C. and in numerous books and articles. He reported that school groups often tour Artesian Park; that the Historical Society always includes Artesian Park in its tours; and that the local Boy Scouts had recently published a brochure which included Artesian Park. He maintained that the alterations suggested would not merely renovate the park but would create a new park, changing completely the historical image and reputation of the present Artesian Park. He requested that the Council consider whether granting this request to a private group would set a precedent; he reported that quite a few citizens have expressed concern over the use of taxpayers' money to support such a project for the benefit of a private -interest group; and he questioned how much of the present open space in the park would be replaced by concrete after the changes had been made. Dr. Marcum acknowledged that Artesian Park is not used as much as it once was, but attributed that mainly to the changes that have taken place in the downtown area. He maintained that if the LULAC organization was sincerely interested in revital- izing downtown it would be better if the organization purchased some of the vacant Minutes - Regular Council Meeting November 12, 1975 Page 14 buildings there. Dr. Marcum offered the alternative that he would support, just as strongly as he now opposes this project, a proposal to elect a memorial to the totality of the Spanish -Mexican heritage if such a project were from the citizens of Corpus Christi and from the total community rather than one segment of that heritage; and if it were property acquired for that purpose rather than public property; and if it did not change or alter a historic landmark. He suggested that this type of project would be in keeping with the Bicentennial spirit, would promote unity and understanding and would not cause the misunderstanding that the present LULAC proposal t . , apparently had created. (46 minutes) Miss Margaret Ramage, Chairman of the Nueces County Historical Commission, stated that on October 14 the Commission took the stand opposing a change in the name or image of Artesian Park. (1 minute) Miss Ramage presented Mrs. Rosa Garza of the Landmark Commission, who voiced her opinion that if there is any change made in Artesian Park it would lose its identity and historical value. (1 minute) Mr. John Govatos, President of the Nueces County Historical Society, remarked that LULAC is a very fine organization that has contributed greatly to this area, but that it is a private organization; and that the Nueces County Historical Society would disagree with any private organization, whether ethnic, religious, social or political, immoralizing itself, which would overshadow the historical significance of the park. Mr. Govatos reminded the Council that if the name were changed to LULAC Plaza in Artesian Park, people would probably shorten it to simply "LULAC Plaza" and it might eventually commonly be referred to by that name, losing contact with Artesian Park. (3 minutes) Mrs. Robert Haegelin of the Heritage Society commended LULAC for the proposed project, but stated she was opposed to its being located in Artesian Park. (2 minutes) (Total: 1 hour and 1 minute for opposition to the proposal) Mayor Luby invited members from the audience to state whether they were for or against the LULAC proposal, and informed them that there would be a two -minute time limit per person due to the lateness of the hour and the fact that both sides of the issue had been pretty thoroughly covered by this time. Mr. D. R. Ocoha, President of the Americans of Texas, Inc., spoke in opposition to the proposal; he stated it would be an injustice to all Texans for this City Council to grant the peoples' land and labor to a political Latin organiza- tion. (9 minutes) Minutes - Regular Council Meeting November 12, 1975 Page 15 Mr. Bobby Smith stated he was not for a change in Artesian Park, but he was for LULAC Plaza in Artesian Park; he expressed the desire that the citizens of Corpus Christi learn to live and work together in harmony. (3 minutes) Mr. Paul Vogler spoke both against and in favor of the proposal. (2 minutes) Mrs. Cruz Colomo, President of the Ladies LULAC Council, spoke in favor of the proposal. (3 minutes) Mrs. Dick Swantner opposed the request and stated that if it is granted it would be the beginning of the end of the public park system in Corpus Christi because developers would be able to give their land to whichever special interest or political group they wished. She maintained that although LULAC has said it is not asking for anything from the City it is in actuality asking for 1.4 acres of land to glorify its project. (2 minutes) Mr. Benny Benavides appeared in favor of the proposal. (2 minutes) Mr. George Westerfelt, Jr., 4105 Meridian, opposed the proposal and stated that LULAC is not handing over $50,000 but rather is spending $50,000 according to its plans already made. (2 minutes) Mr. Johnny Garcia spoke for the proposal and urged the Council Members to be positive in considering it. (1 minute) Ms. Karen Cheatham, a teacher at North Miller High School, spoke in support ' of the LULAC proposal. She stated that as a teacher it would please her if she could take the children in her classes to parks where they could appreciate more the contributions that have been made to their heritage. (1 minute) Mr. Jose Guitterez appeared in favor of the proposal. (1 minute) Mr. Amelio Mondragon appeared against the proposal. (2 minutes) Mr. Carlisle Leonard, a member of the Landmark Commission, spoke in opposition to the request. (1 minute) Dr, Richard Marcum gave a five-minute rebuttal in opposition to the request. Mr. Ruben Bonilla gave a five-minute rebuttal in support of the proposal. Motion was duly made, seconded and passed to close the hearing. Upon Motion duly made, seconded and passed, the Regular Council Meeting of November 12, 1975 was adjourned at 8:10 p.m.