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HomeMy WebLinkAboutMinutes City Council - 11/26/1975PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 26, 1975 2:00 P.M. City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Jason Luby called the meeting to order. The Invocation was given by Commissioner Gabe Lozano, Sr. 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 Tipton, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of November 12, 1975 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations in his office this week relative to the following: CIVIL AIR PATROL WEEK: December 1 through 7, 1975; and ALPHA PHI OMEGA MONTH: December, 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 CP&L during November was 1.62990 per MMBTU, which would be applied to bills rendered after November 25 --their December billing. For appointment to the Building Standards and Housing Board of Appeals, Dr. Tipton nominated Dr. Jim Cottingham. Motion was seconded by Gill and passed unanimously that Dr. Cottingham be approved and confirmed. City Manager Townsend presented the appeal of Mr. Fred Keng in accordance with Section XIII of the Platting Ordinance concerning the sanitary sewer requirement for the plat of Hart Addition between Interstate 37 and Leopard west of Hart Road. Attorney Ben House represented Mr. Keng, and explained that the request is that septic tanks be utilized for the four residences to be constructed on four lots of approximately 2 acres or more. Mr. House stated that the area is extremely suitable for using septic tanks; that there are 7 septic wells on nearby land. all of which have hit 20 feet of sand; also that they had drilled on one of Mr. Keng's lots yesterday and had hit 20 feet of sand. He added that they had been assured by Ab Cock that since there was a good level of sand, deep wells would be satisfactory and should never create any problem. Mr. House further maintained that the ordinance do which the Planning Commission's denial was based reads that a subdivision owner must have each lot tes - Regular Council Meeting ivovember 26, 1975 Page 2 connected to a sewer line if a sanitary sewer is reasonably accessible; and that since the expected completion date for a sanitary sewer line in that area is February 1, 1976, a line is not "reasonably accessible" to them at the time of application. Commissioner Gill inquired if Mr. Keng had compared the cost of City sewer hookups to that of septic tanks. Mr. Keng replied that it would cost approximately $3,500 per lot to connect to the City sewer system, compared to about $1,200 per lot for a septic tank system. Commissioner Gulley stated that he did not think it would be worth such a substantial investment of monies on the part of the City to extend a sewer line to the area to serve only four homes, which would bring only a low return of monies to the City, especially when septic tanks would apparently work well. Commissioner Gill agreed that if there would be no health hazard permanently, she was in favor of allowing septic tanks for the lots, so that the City's monies could be used for providing sewer service to more families in the Calallen area. Motion by Gill, seconded by de Ases and passed, that the hearing be closed. Motion by Gill, seconded by Tipton and passed, that the appeal be granted and that septic tanks be allowed for the four lots rather than requiring hookups to the City sewer system. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations, with related comments and explanations, as follows: a. That the public hearing scheduled for December 3, 1975, on the request of the Airport Limousine Service for a rate increase be reset for December 10, 1975 because a quorum of the Council will not be present on December 3. b. That the public hearing scheduled for December 3, 1975 on the following zoning applications and Text Amendment be rescheduled for 3:30 p.m. at a Special Council Meeting on December 17. 1975 because a quorum will not be present on December 3: (I) Mr. W. G. Bates, Trustee - from "F -R" to "B-4", located on the southeast corner of South Staples Street and Wookiridge Road. (2) City of Corpus Christi - from "F -R" to "B-4", located on the east side of South Staples Street approximately 100' south of Wooldridge Road. (3) Ms. Imelda Garcia - from "R -1B" to "B-1", located on the southeast corner of Tiger Lane and Kostoryz Road. (4) Mr. Fred Raible, Jr. - from "A -I" to "B-4", located on the north side of Holly Road between Toben Drive and Airline Road. (5) Text Amendment to Article 4, General Provisions, Districts and District Maps, by deleting therefrom Section 4-5, Buildings for Telephone Service Excepted, in its entirety. This exception was placed in the Zoning Ordinance on December 18, 1974 to conform with provisions of 1011 (i) VACS, State of Texas. Since that dnutes - Regular Council Meeting November 26. 1975 Page 3 time, however. HB 819 repealed the prior Article and telephone buildings are no longer exempt from zoning regulations. c. That bids be received at 11:00 a.m.. Tuesday, December 16, 1975 for an II month contract for milk (approximately 176,800 1/2 pints) and orange juice (approximately 39,9501/2 pints) for the senior citizens nutrition program. Previously these items have been purchased on an informal bid basis as needed. d. That the bid award be made on replacement pneumatic controllers and non -indicating differential flow transmitters for the Water Division to HONEYWELL, INC., Corpus Christi, on the basis of low bid meeting specifications as follows: Lot I 4 Pneumatic Controllers Lot 11 8 Non -Indicating Differential Flow Transmitters $518.00 $4,144.00 Less Trade-in allowance on 8 units $50.00 $400.00 $3,744.00 The equipment is used to control the feed of chlorine into water. The apparent low bid of $1,402.20 on Lot I by Foxboro Company, Corpus Christi, took exception to the terms and conditions of the speci fications . Bids were received from 3 firms. Price comparison shows an increase of approximately 8% on Lot I and II% on Lot II. (Bid Tab 78-75) e. That a contract be awarded to VIBRATION SYSTEMS & ACCESSORIES, for 4 electromagnetic bin vibrators for the Water Division for $2,910.00. The apparent low bid submitted by Cleveland Vibrator Co. did not meet specifications because a 20 ton capacity rotary type vibrator was bid instead of a 50 ton. The apparent tie bid of $2,910 by Martin Engineering Company of Houston was not F.O.B. Corpus Christi. Bids were received from 4 firms. The vibrators will be used at the Stevens Filter Plant to move chemicals from storage hoppers to chemical feed machines. (Bid Tab 79-75) f. That a contract be awarded to CROUSE HINDS COMPANY, Dallas, Texas for 8 school speed flashers on the basis of low bid of $1.682.64. Bids were received from 4 firms. (Bid Tab 80-75) g. That the bid award on 3 replacement chlorine residual analyzers and one replacement transmitter for the Water Division be made to HONEYWELL, INC., Corpus Christi, as follows on Unit Price $468.00 To tal Price $1.872.00 nutes - Regular Council Meeting November 26, 1975 Page 4 the basis of low bid: Unit Price Total Price Lot 1 3 ea. Chlorine Residual Analyzers $1,650.00 $4,950.00 Lot 11 1 Millivolt Transmitter $113.00 $113.00 $5,063.00 Two replacement transmitters and circularchart recorders, originally scheduled for purchase, are not recommended because a recorder has been recently marketed which does not require a transmitter to convert signals from the analyzer. Two of the new model recorders will be purchased at a later date resulting in a savings. Bids were received from 6 firms. Price comparison reveals an increase of II% on the analyzers and a reduction of 15% on the transmitter. (Bid Tab 81-75) h. That an application by Atlantic Richfield to drill Well 43 in State Tract 431 be approved. This well is to be drilled to a total depth of 7,300 feet at a regular location in Corpus Christi Bay, approximately 1/2 mile west of Mustang Island and 5 miles southeast of Ingleside, as a straight hole. Atlantic Richfield has complied with all requirements of tIe Bay Drilling Ordinance. No exceptions are requested. i . That the 1200 through 1700 blocks of N. Shoreline Blvd. (Belden to Brewster -- both directions) be closed to vehicular traffic from 10 a.m. Wednesday, September 29, 1976, to 12:00 noon Monday, October 4, 1976, so that the Junior League of Corpus Christi and the Corpus Christi Arts Council can co-sponsor Bayfest '76 in celebration of the Nation's Bicentennial. The project has been approved as a Bicentennial project by the Bicentennial Commission. The motel owners along this portion of Shoreline do not object. j . That plans and specifications for Paloma Street Improvements from Ocean Drive to Jary:s Drive, and 800 feet of curb, gutter and sidewalk on the south side of Paloma Street extending westerly from Jarvis Drive toward South Alameda, be approved and bids be received on December 17, 1975. Because of the large number of trees, it is recommended that the sidewalk be placed adjacent to the curb from Ocean Drive to Jarvis. The project was included in the 1972 Bond Program. k. That plans and specifications for Lexington Industrial Center Lift Station and Force Main Improvements in the Flour Bluff area be approved and bids be received on December 17, 1975. Mr. John Tucker has agreed to participate with the City in the construction of these improvements to provide sewer service to approximately 415 acres. Butes - Regular Council Meeting November 26, 1975 Page 5 I. That a public hearing be held on December 31, 1975, on a City -initiated request to close that portion of Massey Street between the Police Building and parking lot and Lot 7, Block B, Diaz Hidalgo Addition. The street will be incorporated into the proposed expansion of the police parking lot. The City owns Lots 8-26, Block B. m. That the Poenisch Park Parking Lot project be accepted and final payment of $1.929.99 for a total of $9,329.07 be made to King Construction Company. An additional appropriation of $655.47 is needed to cover minor overruns and testing expenses. The project included construction of 10 parking spaces and access roads. n. That a utility easement for a major sanitary sewer trunk line in Kingsbury Drive be acquired from Mr. and Mrs. H. R. Harmon for $195.00. The easement is generally located north of Kingsbury Drive between Countiss Drive and McCain Drive. o. That a public hearing be held on December 31, 1975, to extend Ramirez Street to North Staples Street. The removal of the timber bridge over Cabra Street and the extension of Ramirez Street will provide better traffic circulation to and within the area. (Item "p" withdrawn) q. That the appointment of Mr. Bruce Aycock as City Attorney be confirmed. Mr. Aycock has been City Attorney for Amarillo since 1970 and was chief trial and special projects attorney for San Antonio from 1964 to 1970. Mr. Aycock is president-elect of the Texas City Attorneys Association and received his law degree from St. Mary's University School of Law. He has 23 years of legal experience in Texas. r. That the contract for the construction of Interceptor Sewer 35-A be awarded to Cactus Utility Company for $77,651.40. Interceptor Sewer 35-A will provide the trunk line necessary for service to Calallen townsite. An appropriation of $87,500.00 is needed to cover the award of the contract. engineering inspection, staking and related expenses. It is further recommended that line 32-A be deleted from the contract award. s. That the lease agreement with the Tejas Bowmen Archery Association for use of 36 acres at the Allison Treatment Plant as an archery range be renewed for 5 years. The original lease was authorized in October, 1970. The lease is at no cost and provides a 30 day cancellation clause. The Park and Recreation Board so recommends. tes - Regular Council Meeting i'.ovember 26, 1975 Page 6 t. That a contract with Tom Lawrence as golf professional at and management of the Oso Municipal Golf Course be renewed for a three-year period at a compensation of $300 per month. The contract also leases the Pro Shop to Mr. Lawrence in return for which the City will receive 5% of gross receipts on all income from the shop including merchandise sales and golf lessons except golf cart rental and 10% on all golf cart rentals. The current contract provides for a monthly compensation of $200 and 5% of gross receipts on all Pro Shop functions. The contract will emphasize that Mr. Lawrence will be responsible for promoting and encouraging public use of the course particularly during weekdays. It is further recommended that the concession operation now leased to Mr. Lawrence be awarded by competitive bid. After further consideration, specifications will be recommended for either a vending service ora short-order type concession. u. That golf course green and monthly card fees for the Oso Municipal Golf Course be increased as follows: Green Fees Now Proposed Sat., Sun., and holidays, anytime $2.50 $3.25 Monday through Friday, anytime $2.00 $2.75 Sat. and Sun. after 4:30 p.m., May through October and after 3:30 p.m., November through April $I .50 $2.00 Monday through Friday after 4:30 p.m., May through October and after 3:30 p.m., November through April $1.25 $1.75 Sr. Citizens, Monday through Friday, anytime $1.00 $1.50 Students, Monday through Friday, June to August before 12:00 and September through May after 3:00 p.m. $ .75 $I.00 Monthly Cards Good anytime $15.00 $18.00 Monday through Friday, anytime $12.00 $15.00 Over 65, Monday through Friday, except holidays $6.00 $7.50 Students, Monday through Friday, June to August before 12:00 and September through May after 3:00 p.m $5.00 $7.00 The proposed increase is approximately 33%. Fees were last increased in July, 1971. (See subsequent Motion regarding this Item.) v. That the contract with the Nueces County Mental Health and Mental Retardation Community Center be amended to reduce the City's payment to the Center for 1975-76 from $60,000 to $46,000. Nueces County will correspondingly increase its contribution by $14,000. This will allow the City to provide for 2/3 of the cost of the expanded Industrial Commission program. utes - Regular Council Meeting I'ovember 26, 1975 Page 7 Relative to Item "q", Commissioner de Ases expressed the desire that the Council have an opportunity to meet with Mr. Aycock and talk with him. He stated that he did not wish to interview Mr. Aycock; but that for appointment to such an important position, he would feel more comfortable if the Council had met him. Several Council Members agreed that they would like to meet Mr. Aycock before his appointment was confirmed; however, some felt the trip to bring him from Amarillo to Corpus Christi would be an unnecessary delay and expense. Mayor Luby stated that he would vote "no" on the recommendation because he felt the position should be filled by someone from within the ranks, or from Corpus Christi or the immediate area: he cited that several recent similar positions with the City had been filled with people who were not from this area, which he did not believe was fair to the City's employees or to Corpus 'Christi ions. Commissioner de Ases reiterated that he did not intend that the Council delay Mr. Aycock's appointment; but requested that the Council adopt the policy of meeting and speaking with any individual whose appointment they must confirm. City Manager Townsend stated it was somewhat unclear which City positions are Department or Division heads and therefore need Council confirmation under the City Charter. Mayor Luby requested that the Legal Staff study the matter and present a clarification to the Council. Relative to Item "u", Motion by Lozano, seconded by Gill, that the proposed new rates for green fees only be increased from $2.50 to $3.00 rather than $3.25 as recommended for Saturday, Sunday, holidays, anytime; and from $2.00 to $2.50 rather than $2.75 as recommended for Monday through Friday, anytime. There was some discussion of the Motion and also general discussion of the proposed rate increases under Item "u". Commissioner Gulley stated he was opposed to the Motion; that he believed the golf course should be self-sustaining, which it had had not been in the past, and therefore was in favor of the Staff's proposed rate increases. Commissioner Lozano responded that if the rates are increased too much it would be too expensive for the average person to play as often, and the revenue from the golf course would decrease. Mr. Chesley Redus appeared before the Council and stated that he is retired and and plays on the Oso Municipal Golf Course every day. He warned that if the rates are raised too much, a lot of retired people would not be able to play as often. nutes - Regular Council Meeting November 26, 1975 Page 8 Mr. Joe Keliehor addressed the Council and stated he owns the Oso Driving Range next to the Oso golf course; and that he felt if the green fees were raised the condition of the course should also be improved in conjunction with the rate increase. City Manager Townsend questioned Mr. Keliehor if the condition of the golf course was any different today than in the past. Mr. Keliehor replied that it has improved 100% in the last month, but cited specific problems with the condition of the course, and compared it to other golf courses in South Texas --both public and private. Mrs. Mildred DuBois stated she thinks Oso is a beautiful course and that Mr. Lawrence has done a very fine job maintaining it considering the limited budget; and that she would like to see more money appropriated toward the course. Mr. Mangia (sp?) appeared before the Council and recommended increasing the green fees for Saturday, Sunday, holidays, anytime to $3.00; for Monday through Friday, anytime to $2.50; and leaving the senior citizens rates for green fees and monthly cards as they presently are. Mr. Hugo Berlenge spoke as Vice -Chairman of the Park Board that he was still opposed to the increase in green fees; that he thinks some improvements are needed in the golf course; and that the proposal of the contract with Tom Lawrence must be looked at first before the possibility of raising the fees. Commissioner de Ases stated he thought the Council had wished to leave the senior citizens' green fees at $1.00 and not raise them. Motion by Gulley, seconded by Gill and passed, that the $2.50 rates be increased to $3.00 and the $2.00 rates be increased to $2.50. Commissioner Gulley stated he understood that the Oso Course had run a deficit last year and he was hoping that the proposed increases would correct this. City Manager Townsend replied that the course had operated in the red for several years but assured that even the $3.00 and $2.50 increases would put the operation of the course in the black. Motion by de Ases, seconded by Tipton and passed, with Gulley abstaining, that the green fees and monthly cards for senior citizens remain at the present levels of $1.00 Monday through Friday and $6.00 for monthly cards. .utes - Regular Council Meeting November 26, 1975 Page 9 Motion by Commissioner Gill relative to Item "t" that the compensation of Mr. Lawrence on his contract be retained at $200 per month rather than increased to $300. Motion died for lack of a second. City Manager Townsend explained the reasons for that recommendation. Mr. Joe Keliehor appeared before the Council again and made several complaints concerning upkeep and management of the course, which he attributed directly to Tom Lawrence. City Manager Townsend responded to each of Mr. Keliehor's charges, which had all been previously reviewed and discussed during this Council Meeting and in the Workshop Meeting. Mr. Hugo Berlanga appeared before the Council again and stated that the City Manager's Report did not reflect the Park Board's recommendation to reject Tom Lawrence's contract; that based on figures which the Park Board had acquired they did not feel his present compensation and his management of the course warranted any increase in salary; that it was his opinion that the taxpayers or consumers or golfers would bear the increase, while Mr. Lawrence would continue to run the operation to his personal benefit. Commissioner Gulley remarked that the Council reviewed all of the Park Board's Minutes previously, and at the Workshop Meeting this morning. City Manager Townsend responded that he believed there had only been one specific complaint relative to the operation of the golf course, and the Staff had therefore concluded that Mr. Lawrence's performance is more than adequate. He added that the City's golf course is well respected around the country. Mr. Hermando Perez, a member of the Pan American Golf Association, complained that in 1973 on the final day of the Tournament of Champions the game was to be held at the Oso Municipal Golf Course, and the greens were verti-cut--which he felt ' destroyed them for the tournament. He also mentioned that the 1976 Pan American National Corivention will be held in Corpus Christi, with over 1000 golfers,and he believes the course should be in better shape for that event. Dr. Tipton inquired if the City had been advised of this --if the Park Board is aware that the tournament will be here. Mr. Perez replied that he was sure the Park Board was aware of the event. Motion by Gulley, seconded by Tipton and passed, with Luby voting "Nay" on Items "q" and "v", that the City Manager's Reports be accepted, and Items "a" through "v" (Item "p" withdrawn and Items "r" and "u" as amended) be granted, approved and adopted, as presented by City Manager Townsend. I. Utes - Regular Council Meeting November 26, 1975 Page 10 City Manager Townsend presented for the Council's consideration the following ordinances, with related comments and explanations as follows: FIRST READING OF AN ORDINANCE AMENDING CHAPTER 18A OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10378, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1971, AND AS AMENDED BY ORDINANCE NO. 11537 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973, BY AMENDING SECTION 18A -I, SCHEDULE, SO AS TO ESTABLISH A NEW GREEN FEES SCHEDULE FOR THE 050 MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; 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". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE AS GOLF PROFESSIONAL AT A COMPEN- SATION OF $300 PER MONTH AT THE 050 MUNICIPAL GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF PRO SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF GROSS RECEIPTS ON ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS, TEN PERCENT (I0%) OF ALL INCOME FROM GOLF CARTS, AND AN ADDITIONAL TWO AND ONE-HALF PERCENT (2-I/2%) OF TOTAL GROSS RECEIPTS OVER $120,000, 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSOCIATION, LEASING TO SAID TEJAS BOWMAN ARCHERY ASSOCIATION A 36 -ACRE TRACT OF LAND, DESCRIBED AS TRACT "A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF MARKED EXHIBIT A. 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". FIRST READING OF AN ORDINANCE FINDING THAT THE BAYFEST '76 ON OCTOBER I, 2 AND 3, 1976 15 IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF N. SHORELINE TO VEHICULAR TRAFFIC FROM 10 AM WEDNESDAY, SEPTEMBER 29, 1976 TO 12:00 NOON MONDAY, OCTOBER 4, 1976, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC: AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION AND PROVIDING FOR SEVERANCE. ,utes - Regular Council Meeting November 26, 1975 Page 11 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". FIRST READING OF AN ORDINANCE AMENDING THE CONTRACT WITH THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, AUTHORIZED BY ORDINANCE NO. 12811, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 24, 1975, BY AMENDING PARAGRAPH III OF SAID CONTRACT SO AS TO PROVIDE FOR PAYMENT OF $5000 PER MONTH ACCORDING TO MONTHLY BILLINGS FROM THE CENTER FOR THE PERIOD OF AUGUST 1, 1975, THROUGH DECEMBER 31, 1975, AND $3,000 PER MONTH FOR THE PERIOD OF JANUARY 1, 1976, THROUGH JULY 31, 1976, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay" ORDINANCE NO. 12915 THIRD 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". RESOLUTION NO. 12916 CONFIRMING THE APPOINTMENT OF J. BRUCE AYCOCK TO THE OFFICE OF CITY ATTORNEY BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 12917 APPROPRIATING $655.47 OUT OF THE NO. 291 PARK BOND FUND TO SUPPLEMENT PREVIOUS APPROPRIATIONS IN CONNECTION WITH THE CONSTRUCTION OF THE POENISCH PARK PARKING LOT, OF WHICH $404.47 IS FOR ADDITIONAL COST OF CONSTRUCTION BY KING CONSTRUCTION COMPANY AND $251 15 FOR RELATED LABORATORY COST, ALL APPLICABLE TO PROJECT NO. 291-64-5.7; 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". Minutes - Regular Council Meeting November 26, 1975 Page 12 ORDINANCE NO. 12918 AUTHORIZING THE ACQUISITION OF A DRAINAGE AND UTILITY EASEMENT FROM H. R. HARMON AND WIFE, CAROL HARMON, IN CONNECTION WITH THE KINGSBURY DRIVE LATERAL EXTENSION, PROJECT NUMBER 250-72-7.3; APPROPRIATING $195 OUT OF THE NUMBER 250 SANITARY SEWER BOND FUND FOR THE AFORESAID EASEMENT ACQUISITION; 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. 12919 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CACTUS UTILITY COMPANY FOR CONSTRUCTION OF INTERCEPTOR SEWER 35A TO SERVE THE CALALLEN AREA; APPROPRIATING $87,500 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $77,651.40 I5 FOR THE CONSTRUCTION CONTRACT AND $9,848.60 IS FOR ADDITIONAL ENGINEERING, INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 250-72-5.1; 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. 12920 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 ZEKE SERNA, BY GRANTINGA SPECIAL PERMIT FOR REAL ESTATE AND - INSURANCE OFFICES, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 2, BLOCK 1, LENA PEARSE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF TFE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT bE REWITH; 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". No one from the audience appeared for discussion of any of the ordinances. City Secretary Read stated that according to his tally, all ordinances voted upon had passed. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Boggs, 5401 Eden Lane, addressed the Council requesting that she be allowed to place a mobile home in which her son and daughter-in-law would reside on property adjacent to hers. She explained that they have several semi trucks filled with flowers from their business worth $5,000-$6,000 which they park on their property during the night; and were afraid of vandalism or robbery, which she stated occurs frequently in that area. Minutes - Regular Council Meeting November 26, 1975 Page 13 City Manager Townsend responded that he and Mayor Luby were familiar with the case; that Mrs. Boggs' property was in an area between Up River Road and IH -37 zoned 1-2, which would not allow placement of a mobile home except for a watchman or caretaker; and that mobile homes were allowed only in mobile home parks or mobile home subdivisions. He added that, furthermore, 1-2 zoning does not allow any residential construction. Mrs. Boggs maintained that her son would be a watchman for the semi trucks and also security for herself and her husband, who is not well. City Manager Townsend reitereated that a watchman has to be somehow related to the industrial use on the property. He stated he saw no reason why the area involved couldn't be rezoned to allow construction of single-family dwellings. Mayor Luby requested that the Staff study the matter and if possible give Mrs. Boggs some alternatives. City Manager Townsend replied that a written response will be sent to her, reviewing the situation and indicating what the alternatives for her are. On Motion by Tipton, seconded by Lozano and passed, the Regular Council Meeting of November 26, 1975 was adjourned at 4:13 p.m. Ramon Rodriguez appeared before the Council and stated he had to step out for a meeting earlier, and requested that the Council hear him. He reviewed the opposition to the LULAC proposal and offered the idea of possibly allotting a portion of land in the area of the parking lot for tl-e new Courthouse to LULAC. Commissioner de Ases responded that the action of the Council last week was to direct the Municipal Arts Commission to invite all interested organizations to meet with the Commission relative to exhibiting the heritage and achievements of their group; therefore, de Ases suggested that Mr. Rodriguez make a presentation to them at their next meeting.