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HomeMy WebLinkAboutMinutes City Council - 03/24/1976MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 24, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Tipton Council Members: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Deacon James Tamaya of Our Lady of Guadalupe Catholic Church. City Secretary Read called the roll 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 Sample and passed, that the Minutes of the Regular Council Meeting of March 10, 1976 be approved as submitted to the Council. Mayor Luby announced the issuance of Proclamations for the following: A. Philip Randolph Day: March 27, 1976; Young Lives Week: March 28 through April 3, 1976; Doctors' Day: March 30, 1976; and National Association of Bank Women, Inc. Week: March 22 through 28, 1976. Mrs. Jig Adams, President of the South Texas District of the Texas Federation of Women's Club, urged community support and involvement in a nationwide volunteer program of crime reduction. Mayor Luby announced his appointment of a Mayor's Committee on Crime, consisting of all municipal officials or their designated alternates. He appointed Mr. John Nugent as his alternate. Mr. Wallace Whitworth, Manager of Central Power & Light Company, reported in compliance with Ordinance No. 12038 that the average delivered cost of fuel to CP&L during March was 1.74390 per MMBTU for their April billing, an.increase of 11.60 over last month, which he attributed primarily to price increases by some of their suppliers of natural gas. City Manager Townsend distributed to the Council copies of Lo -Vaca Gathering Company's Monthly Report to the Gas Utilities Division of the Texas Railroad Commission. Mayor Luby requested a report listing the amount of time spent by the Staff and the legal fees incurred to date in the City's lawsuit with Lo -Vaca. • 10 AI- Minutes Regular Council Meeting March 24, 1976 Page 2 Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that bids be received at 11 a.m., Tuesday, April 27, 1976 for the following budgeted items for the Fire Department: 1. 3,900 feet of 111" and 6,000 feet of 3" cotton polyester fire hose. 2. An additional system to purify compressed air for breathing apparatus cylinders. b. Recommendation that a 10' easement between Lots 3 and 4, Block 1, Hooper Addition, Unit #3, located generally between Herndon Street and Brawner Parkway, and Staples and Alameda, be abandoned. The request has been Circulated 'et: the- departments hedepartments affected and there are no objections. c. Recommendation that an agreement with the State be authorized to use'Traffic Safety funds provided by the 1973 Federal -Aid Highway Act to signalize Padre Island Drive & Paul Jones Avenue and Padre Island Drive & Nile Drive at a total cost of $19,200, of which 10% or $1,920 will be the City's share. The equipment for this work by City forces has already been ordered. • ' d. Recommendation that an agreement be executed with the State and Missouri Pacific Railroad Company to rebuild the railroad grade crossing on Leopard Street near Leary Street. This track crossing is in poor condition. It will be iebuilt in ' conjunction with Leopard -Street improvements between Palm Drive and N. Broadway to be constructed jointly -by the City and State under the Federal Urban System program. e. Recommendation that an agreement with the State be approved for illumination of overhead expressway signs on Padre Island Drive from East of Agnes Street to IH 37. The City will be billed for electrical energy under the City's contract with Central Power & Light and the State will reimburse the full City cost. Included are the addition of 74 250 -watt mercury vapor sign lighting fixtures and the deletion of 26 fluorescent sign lights. f. Recommendation that the dedication of the Bicentennial Amphitheater be set for Sunday, May 16, 1976, and that the musical composition commissioned by the Bicentennial Commission be included in the program. The Bicentennial Commission and Park and Recreation Board so recommend. g. Recommendation that the colors of red and blue on the Bicentennial Amphitheater roof be deleted, as the public will not readily see those colors from Ocean Drive. The white should be retained for protection of the roofing felt against light and heat. This will result in a cost reduction. h. Recommendation that plans and specifications for HIALCO Neighborhood Center Improvements be approved and bids be received on April 13, 1976. This project provides for the construction of a small storage building, vent hoods on the first floor in the kitchen, repair work involving accoustical tile on both floors, window shades on the south wall of two spaces on the first floor, and installation of a 24,000 BTU window air conditioning unit. This project is a portion of the HIALCO Center Improvement work provided for in the 1975-76 Community Development Program. i. Recommendation that plans and specifications for West Oso Tennis Court Improve- ments be approved and bids be received on April 14, 1976. The base bid provides for the construction of a battery of four lighted tennis courts at the West Oso High School site. The contractor will be required to bid an alternate of three courts only and to delete lights so a contract can be awarded, considering available money. An agreement for construction participation by the West Oso Independent School District and future maintenance will be brought before the Council prior to award of contract. j. Recommendation that a change order of $5,024.70 be authorized to the Schatzel • Street landscaping contract to provide 18 planters with palm trees and Japanese jasmine plants on Peoples Street from Lower Broadway to West Shoreline. This should complete the landscaping of Peoples Street with the exception of the r block between Mesquite Street and Chaparral Street which has a number of"over- ' hangs which would make it impractical to plant palm trees without interferen with the overhangs. 4 Minutes Regular Council Meeting March 24, 1976 Page 3 k. Recommendation that $16,000 be appropriated from the Sanitary Sewer Bond; Fund for materials and equipment for transporting sludge from the Allison Treatment Plant digester units to a 9 -acre flat area of the plant property for sulk -soil injection. This will enable the plant to meet Texas Water Quality Board effluent standards. Included are, 2,000, feet of 10 inch asbestos cement pipe, a pump, and related material. 1. Recommendation that an ordinance be passed adopting and enacting a new ,Code of Ordinances. The new Code will be contained in two loose leaf binders and will be supplemented on a regular basis. This codification project was authorized on 11/22/72 to be done by Municipal Code Corporation. The cost will be $24,790. The City Charter will be included in the first volume. 500 copies will be printed after final adoption. m. Recommendation that a grants application be submitted to the Equal Employment Opportunity Commission for $33,968 to continue the Human Relations Office program of handling equal employment discrimination charges within the City, and authority be granted to execute all related documents. The original grant began in July 1974 with three positions. This application will continue the program to December 31, 1976. It is estimated that 80 charges will be investi- gated in 1976. During 1975, 51 charges were investigated. n. Recommendation that Cabral Street Right -of -Way Improvements be accepted at a total cost of $33,051 and final payment of $6,267.68 be made to the contractor, E. J. Netek Construction Company. It is also requested that $1,277.68 be appropriated out of the Street Bond Fund to provide for minor cost overruns. The initial project was financed from First Year Community Development money. The contractor exceeded the allotted time by six days, but because of pxtra work, delays caused by street and utility adjustments, and other factors beyond his control, it is recommended that an extension of six days be approved. The project included removal of the Ramirez Street bridge, grading and drainage. o. Recommendation that Parcel No. 36 for the Oso Sewer Plant Land Acquisition Project be acquired for $2,750.00 from Mr. Paul Haman. The price is $950.00 over the approved value, based on an updated appraisal by Mr. Roy Temple. The parcel is located along Del Oso Road across from the Oso Municipal Golf Course. No additional appropriation is required. Recommendation that values be approved for acquisition of three parcels for the extension of Cooper Alley from Tancahua to Broadway Streets and $59,700.00 be appropriated from the Street Bond Fund, including $2,450.00 for related costs and closing expenses. The 1972 Bond Election project is included in the Urban System Program, to be financed jointly by the City and the Department of Highways and Public Transportation. The project is scheduled for construction in 1977. q. Recommendation that Lot 4, Bik. 15, Waldron Subdivision, Unit 2, located on Sands Drive be acquired from Mr. and Mrs. L. C. Walker, for $1,100.00 and $1,264.50 be appropriated including closing costs in connection with Waldron Subdivision Sewer Laterals behind Flour Bluff School. The lot is recommended for acquisition because an easement could not be negotiated. After the sewer line is constructed the lot will be recommended for sale. r. Recommendation that final plans for the John W. Cunningham Memorial Fountain be approved. The trustees of the Memorial fund have entered into a contract with, Maverick Construction Company to construct the fountain in front of City Hall as previously approved by the City Council at Workshop session on December 31, 1975. Authority to proceed with the work as agreed by the trustees is also requested. When completed, the fountain will be turned over to the City for maintenance and operation. s. Recommendation that the following actions be taken in connection with the Washington -Carver Area Street project: (1) Acceptance of Phase A and authorization of final payment of $48,059.51 to the contractor, Asphalt Paving Company, for a total of $496,677.16; (2) Acceptance of Phase B and authorization of final payment of $29,599.66 to the contractor, Asphalt Maintenance Company, for a total of $305,521.25. An additional appropriation of $13,563.90 is needed to cover overruns in this phase; p• Minutes Regular Council Meeting March 24, 1976 Page 4 (3) Authorization of time extension 'of 16 days on Phase B because of overruns and delays beyond the contractor's control, including delays caused at the Robert L. Moore Community Center; and (4) Adoption of final corrected assessment roll for both phases and deletion of the Baldwin Street sidewalk portion because the necessary right-of-way could not be obtained. The assessments for Phase A totaled $187,379.07 and for Phase B $135,342.05. The project was part of the 1972 Bond Program included approximately 2' miles of streets. Of the total project cost of $802,198.41,$6,90,000 came from Community Development funds and $112,198.41 from bond funds. t. Recommendation that a public hearing be held on the Broadway Wastewater Treatment Facility Plan and related Environmental Assessment on April 28, 1976 at 4 p.m. as required by the Environmental Protection Agency and the Texas Water Quality Board prior to submission of the Facility Plan which will complete step 1 work. The Facility Plan contemplates $6,200,000 of improvements, including a new trunk main on Corpus Christi Beach. City Manager Townsend reviewed this recommendation in more detail;`as it had not been previously discussed at the morning Workshop Meeting; he distributed to the Council copies of a Status Summary of Improvements to the Broadway Wastewater System. Council Member de Ases suggested that the public hearing be held on a day other than Wednesday in the early evening in the neighborhood, because he felt the matter would be of much concern to the people there. Mayor Luby stated since all taxpayers are paying for the improvements, as opposed to street assessments where only residents in the area are involved, he felt the hearing should be held in the Council Chambers. Council Member Gulley remarked that he doubted there would be too much interest in a public hearing in the area because the City would not be going to do anything other than improve the situation. By vote of 4 to 3, the Council favored holding the public hearing on April 28, 1976 at 4 p.m. in the Council Chambers, as recommended in item "t". Voting Aye were Gulley, Lozano, Luby and Tipton; voting Nay were de Ases, Gill and Sample. is. Recommendation that resolutions of appreciation be passed recognizing the contribution, assistance, guidance, and leadership that Mr. Harry P. Burleigh and Mr. Norman G. Flaigg have provided to the development of the Choke Canyon Project. Mr. Burleigh served as Area Engineer for the Bureau of Reclamation from the initiation of the project in 1962 until 1971 and then served as Executive Director of the Texas Water Development Board until his retirement on Dec. 31, 1975. Mr. Flaigg followed Mr. Burleigh at the Austin office of the Bureau of Reclamation as Planning Officer until his retirement early this year. It is also recommended that both of these leaders be recognized by receiving honorary citizenships. v. Recommendation that authority be granted to execute a letter of amendment to the present Manpower Consortium Agreement extending its termination date from June 30 to September 30, 1976, and a new agreement providing for the City to continue its membership in the Consortium and act as the administrative unit effective 4October 1, 1976 through September 30, 1977. No changes to the present Agreement are recommended. w. Recommendation that authority be granted for the City as the Consortium's Administrative Unit to execute a CETA Title III contract with Jobs for Progress, Inc. (SER) effective March 1, 1976 for $83,068 to provide a combination auto mechanics skills training/classroom English language instruction program to economically disadvantaged residents of limited English-speaking ability from throughout the consortium area. The program will consist of two 26 week classes of 20 participants each for a total of 40 participants over a one-year peri, The Consortium Executive Committee approved this program on March 18, 1976. Minutes Regular Council Meeting March 24, 1976 Page 5 x. Recommendation that authority be granted for the City as administrative unit of the Consortium to execute a Federal Supplemental Benefits Cooperative Agreement with the local State Employment Security Agency (Texas Employment Commission). The agreement provides that the Texas Employment Commission will refer Supplemental Benefits recipients to the Coastal Bend Manpower Consortium for possible employ- ment and skill training. This agreement was approved by the Executive Committee on March 18, 1976. Motion by Tipton, seconded by Lozano and pissed, that the City Manager's Reports be accepted, and items "a" through "x" be granted, approved and adopted, as presented by City Manager Townsend. City Manager Townsend next presented the ordinances, with related comments and explanations. No one from the audience addressed the Council relative to any of the ordinances. City Secretary Read stated that according to his tabulation all ordinances voted upon passed, as follows: FIRST READING OF AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED, AND PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE. 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. 13084 THIRD READING OF AN ORDINANCE AMENDING THE LAND DRILLING ORDINANCE, NO. 8879, AS AMENDED, BY DESIGNATING ADDITIONAL 40 -ACRE DRILLING BLOCKS TO ACREAGE ANNEXED BY ORDINANCE NOS. 10968, 10992, 10993, 11201, 11449, 11450, 11451, 11631, 11645, 11641, 11644, 11643, 11878, 11879, 11946, 11947, 12104, 12105, 12306, 12307, 12390, 12391, 12903 AND 12914, AND CREATING NEW DRILLING BLOCKS 1613 THROUGH 1665, EXCLUDING EXISTING DRILLING BLOCK 1616, AND ENLARGING EXISTING DRILLING BLOCK 1064. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley; Lozano and Sample, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 13085 THIRD READING OF AN ORDINANCE APPROPRIATING $20,750 OUT OF THE SIXTH ENTITLEMENT PERIOD, GENERAL REVENUE SHARING RESERVE, ACTIVITY 6706, FOR AWARD OF SPECIAL COMMISSIONERS; COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH ACQUISITION OF PARCEL N0. 304, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI -VS. RUTH M. JUERGENS, ET AL. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby .voting "Nay". ORDINANCE NO. 13086 THIRD READING OF AN ORDINANCE EXTENDING TO LITTER -LES, INC., THE FRANCHISE ORIGINALLY GRANTED TO D1PACT ADVERTISING COMPANY BY ORDINANCE N0. 11838, AND TRANSFERRED TO LITTER -LES, INC., BY AUTHORITY OF ORDINANCE N0. 12875, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 29, 1975, SAID EXTENSION TO CONTINUE UNTIL NOVEMBER 30, 1976. 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". Minutes Regular Council Meeting March 24, 1976 Page 6 ORDINANCE NO. 13087 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR RESTORATION AND RENOVATION OF THE EXTERIOR AND INTERIOR OF THE LICHTENSTEIN HOUSE AT 1617 NORTH CHAPARRAL, CONSISTENT WITH PLANS APPROVED BY THE LANDMARK COMMISSION OF THE CITY, AND FOR ESTABLISHMENT AND OPERATION BY THE LEAGUE OF A CREATIVE ARTS CENTER FOR ELEMENTARY SCHOOL CHILDREN AND TEACHERS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIALPROVIDING COPY OF WHICH IS FOR ICHLISAATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; udn The foregoing ordinance was readthirdtime anddSampled, present andfinally by tvotinglo ye"• vote: Luby, Tipton,,Gill, Gulley, de Ases, y,, Lo ORDINANCE NO. 13088 - THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR RESTORATION AND RENOVATION OFWTTHE E EXXTERIORPANVED INTERIOR OF THE SIDBURY HOUSE AT 1619 NORTH CHAPARRAL, BY THE LANDMARK COMMISSION OF THE CITY, UNDER TRE TERMS AND FOR THE PURPOSES AND CONSID- ERATION SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS• ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally bydy thetfollowieg. vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, pallt ORDINANCE NO. 13089 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTITI ADOPTED OF NHE ER2ION THE TH DADAY A02 AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, _ BY NO. 6106, RECORDS, AMENDED APPLICATION OFTO TIME ROBERT CAMPBELLBYGRANTINGAAEPECIAL COUNCIL ORDINANCE PERMIT FOR AN AIR CONDITIONING SALES AND REPAIR SERVICE ON LOTS 44 AND 45, BLOCKE"S", DON PATRICIO ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBTO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The passed y the oCharter Rule was de Ases, Gill,the Gulley foregoingordinance andaSamples, presentband voting wing "Aye". vote: Luby, Tipton, ORDINANCE NO. 13090 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI, ADOPTED ON THE ORTHNDNCE DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY. ORDINANCE NO. 6106, AS AMENDED, BY AMENDING ARTICLE 13. "B-1" NEIGHBORHOOD BUSINESSSAS DISTRICT REGULATION SECTION 13-2 USE REGULATIONS, PARAGRAPHS (4), (7) AND (12), TO PERMIT UPHOLSTERY SHOPS, TO PERMIT ON -PREMISE ADVERTISING SIGNS, AND TO PERMIT ACCESSORY BUILDINGS AND USES CUSTOMARILY INCIDENTAL TO THE USES PERMITTED IN THE 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". ORDINANCE N0. 13091 NT WITH THE E OF TEXAS MMISSORURRIIPACIFICCITY RAILROAD COMPANY FOR IMPROVEMENT EOF,THE RAILROAD TGRADE CROSSING O E LEOPARD STREET NEAR LEARY STREET, ALL AS MORE FULLY SET �IBITHT 11AN'THA��M��EA PART -SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED HEREOF; 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". ..mutes Regular Council Meeting March 24, 1976 Page 7 ORDINANCE NO. 13092 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH THE STATE OF TEXAS CONCERNING THE ROADWAY ILLUMINATION SYSTEM ON S.H. 358 (PADRE ISLAND DRIVE) FROM THE NORTH END OF PROPOSED CITY STREET INTERCHANGE SOUTH OF STATE HIGHWAY 44 TO I.H. 37 WITH CONNECTIONS TO S.H. 44, AND ON I.H. 37 FROM WACO STREET TO LANTANA STREET, FOR THE PURPOSE OF MODIFYING THE PREVIOUS AGREEMENT RELATIVE TO ILLUMINATING SIGNS IN CONNECTION WITH THE ILLUMINATION OF THE ROADWAY, DESIGNATED AS PROJECT "G", A SUBSTANTIAL COPY OF WHICH SUPPLEMENTAL AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; 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. 13093 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION, CONSTRUCTION, EXISTENCE, USE, OPERATION AND MAINTENANCE OF TRAFFIC SIGNALS LOCATED AT THE FOLLOWING LOCATIONS: 1. INTERSECTION OF PADRE ISLAND DRIVE (S.H. 358) WITH PAUL JONES AVENUE; AND 2. INTERSECTION OF PADRE ISLAND DRIVE (S.H. 358) WITH NILE DRIVE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $1,920, WHICH REPRESENTS THE CITY'S 10% MATCHING SHARE FOR THIS PROJECT, OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-14.2, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; 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. 13094 CLOSING AND ABANDONING THE 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 3 AND 4, BLOCK 1, HOOPER ADDITION, UNIT #3, AS RECORDED IN VOLUME 41, PAGE 124, NUECES COUNTY MAP RECORDS; 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. 13095 APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND, FOR PROJECT NO. 250-72-9, ALLISON PLANT SLUDGE HANDLING EXPANSION, AN AMOUNT OF $16,000 FOR THE PURCHASE OF MATERIALS AND EQUIPMENT NEEDED TO TRANSPORT SLUDGE FROM THE ALLISON PLANT SLUDGE DIGESTERS TO A REMOTE AREA OF THE PLANT PROPERTY FOR THE PURPOSE OF SUBSURFACE INJECTION; 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. 13096 ' AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR THE SUM OF $33,986 TO CONTINUE THE HUMAN RELATIONS OFFICE PROGRAM OF HANDLING EQUAL EMPLOYMENT DISCRIMINATION CHARGES WITHIN THE CITY TO DECEMBER 31, 1976 AND AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE THE PROGRAM IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting March 24, 1976 Page 8 ORDINANCE NO. 13097 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR.THE ACQUISITION OF THE FOLLOWING PARCELS: NOS. 1 AND 2 FROM FLATO ELECTRIC SUPPLY CO., AND NO. 3 FROM WILLIAM NEYLAND, IN CONNECTION WITH THE COOPER ALLEY STREET IMPROVEMENT PROJECT, NO. 220-72-4; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $59,700, OF WHICH $57,250 IS FOR ACQUISITION AND $2,450 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES RELATED TO CLOSING; 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. 13098 AUTHORIZING THE CITY MANAGER TO ACQUIRE FROM LESTER C. WALKER AND WIFE, HELEN W. WALKER, PARCEL NO. 2, WALDRON SUBDIVISION LATERALS, STAGE 1, PROJECT NO. 250-72-16, AND TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO EFFECT THE ACQUISITION OF THE SAID PARCEL;' APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $1,264.50, OF WHICH $1,100 IS FOR ACQUISITION AND $164.50 IS FOR COSTS RELATED TO CLOSING; 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. 13099 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR MANPOWER PROGRAM WITH THE COASTAL BEND MANPOWER CONSORTIUM, PROVIDING FOR THE CITY'S CONTINUED MEMBERSHIP IN THE CONSORTIUM AND AS THE ADMINISTRATIVE UNIT, SAID CONTRACT TO BE EFFECTIVE FROM OCTOBER 1, 1976 AND TO TERMINATE SEPTEMBER 30, 1977, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO SIGN A LETTER OF AMENDMENT TO THE PRESENT CONSORTIUM AGREEMENT EXTENDING THE SAID AGREEMENT FROM JUNE 30, 1976 TO SEPTEMBER 30, 1976; 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. 13100 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY, AS THE COASTAL BEND MANPOWER CONSORTIUM'S ADMINISTRATIVE UNIT, A CETA TITLE III CONTRACT WITH JOBS FOR PROGRESS, INC. (SER), EFFECTIVE MARCH 1, 1976, IN THE AMOUNT OF $83,068, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13101 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRA- TIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, A FEDERAL SUPPLEMENTAL BENEFITS (FSB) COOPERATIVE AGREEMENT WITH THE STATE EMPLOYMENT SECURITY AGENCY IN CORPUS CHRISTI, ALL AS MORE FULLY OUTLINED AND SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY ,MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID 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". .lutes - - Regular Council Meeting March 24, 1976 Page 9 ORDINANCE N0. 13102 APPROPRIATING $1,277.68 OUT OF THE NO. 220 STREET BOND FUND TO REIMBURSE THE N0. 162 FEDERAL -STATE GRANTS FUND, ACTIVITY 4732, FOR ADDITIONAL COST INCURRED FOR THE CONSTRUCTION OF CABRA STREET RIGHT OF WAY IMPROVEMENTS; OF SAID TOTAL APPROPRIATION $1,213.50 IS FOR THE CONSTRUCTION CONTRACT OF E. J. NETER CONSTRUCTION COMPANY AND $64.18 IS FOR ADDITIONAL LABORATORY EXPENSES, ALL APPLICABLE TO PROJECT N0. 220-72-27; 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 N0. 13103 APPROPRIATING $13,563.90 OUT OF THE N0. 220 STREET BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED FOR THE CONTRACT WITH ASPHALT MAINTENANCE CO., INC., FOR CONSTRUCTION OF WASHINGTON -CARVER AREA UNIT I STREET IMRPOVEMENTS, PHASE "B", APPLICABLE TO PROJECT N0. 220-72-1.3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 13104 AMENDING ORDINANCE NO. 12677 PASSED AND APPROVED JULY 2,1975; BY DELETING ITEM N0. 14, FROM THE LISTED STREETS TO BE IMPROVED IN THE WASHINGTON -CARVER AREA; FURTHER AMENDING SAID ORDINANCE N0. 12677 BY AMENDING SECTION 3 OF SAID ORDINANCE NO. 12677 SO•AS,TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS INCLUDED IN THE WASHINGTON -CARVER AREA UNIT I IMPROVEMENT PROJECT: PHASE "A" 1. LAWTON STREET, FROM GREENWOOD DRIVE TO APPROXIMATELY 150 FEET SOUTHWEST OF WASHINGTON STREET; 2. WASHINGTON STREET, FROM LAWTON STREET TO SOLEDAD STREET; 3. CARVER STREET, FROM LAWTON STREET TO TARLTON STREET; 4. ADA STREET, FROM ELGIN STREET TO WASHINGTON STREET; 5. `DIXIE•STREET, FROM ELGIN STREET TO WASHINGTON STREET; 6. KITCHENS STREET, FROM ELGIN STREET TO WASHINGTON STREET; 7. ROGERS STREET, FROM ELGIN STREET TO WASHINGTON STREET; 8. SOLEDAD STREET, FROM GREENWOOD DRIVE TO CARVER STREET; 9. ELGIN STREET, FROM LAWTON STREET TO SOLEDAD STREET; AND PHASE B' 10. CARVER STREET, FROM TARLTON STREET TO BALDWIN BOULEVARD; 11. ELGIN STREET, FROM TARLTON STREET TO DUNBAR STREET AND FROM EASLEY STREET TO SONORA STREET; 12. SABINAS STREET, FROM TARLTON TO SONORA STREET; AND' 13. BLAKE STREET, FROM DUNBAR STREET TO SONORA STREET; ALL AS HEREINAFTER MORE FULLY SET FORTH; 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". RESOLUTION N0. 13105 EXPRESSING APPRECIATION AND RECOGNIZING THE CONTRIBUTION, ASSISTANCE, GUIDANCE AND ,LEADERSHIP PROVIDED BY MR. HARRY P. BURLEIGH ON THE DEVELOPMENT -OF THE CHOKE CANYON PROJECT; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". RESOLUTION N0. 13106 EXPRESSING APPRECIATION AND RECOGNIZING THE CONTRIBUTION, ASSISTANCE, GUIDANCE AND SLEADERSHIP PROVIDED BY MR. NORMAN G. FLAIGG ON THE DEVELOPMENT OF THE CHOKE CANYON ' PROJECT; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting March 24, 1976 Page 10 . ORDINANCE NO. 13107 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 2 FOR $5,024.70 TO EXPAND THE CONTRACT WITH BOB'S NURSERY & LANDSCAPE SERVICE FOR CONSTRUCTION OF SCHATZEL STREET LANDSCAPING IMPROVEMENTS TO INCLUDE LANDSCAPING OF AREAS ALONG PEOPLES STREET; APPROPRIATING AND REAPPROPRIATING $5,024.70 OUT OF THE NO. 105 PARKING IMPROVEMENTS FUND, ACTIVITY 6810, CODE 502, FOR SAID 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". City Manager Townsend next presented the tabled zoning item, Daniel L. Mirabal from "B-1" to "B-3" on a lot on the west side of Kostoryz Road midway between Horne and Gollihar Roads; that the case was heard on January 7, 1976 and tabled for 60 days pending determination by the Planning Commission whether or not furniture and automobile upholstery shops should be allowed in "B-1" districts. He reviewed that the Planning Commission voted 4 to 3 for the requested change of zoning; that the City Planning Staff is against it. Chief Planner Larry Wenger showed slides of the shop and the Area. Mr. Mirabal pointed out that he has appeared before the Council four times now, and has paid the $80 application fee for the change in zoning application. He stated he needs "B-3" zoning so he would not be limited to 2500 square feet, as his business is good and he plans to expand by building a new structure. He contended that HES owns the property across the street which is zoned "B-4", and other small businesses are all around his store. Motion by Lozano, seconded by de Ases and passed, with Gill voting No, that "B-3" zoning be granted for Mr. Mirabal. City Manager Townsend presented the tabled zoning item, Ramon F. Castaneda from "B-1" to "B-3" on a lot on the east side of Kostoryz Road 210' north of McArdle; that it was heard on January 7, 1976 and tabled for 60 days for the same reason as the previous case. Chief Planner Wenger showed slides of the shop and the area. Mr. Castaneda informed the Council that his business has been successful, and he would like to lease the vacant office next to his, which would give him more than 2500 square feet; therefore that he needs "B-3" zoning. Motion by Tipton, seconded by Lozano and passed, to grant "B-3" zoning for Mr. Castaneda. There was further discussion of the zoning along Kostoryz. Council Member Gulley added that it is a problem, because the Council is torn between trying to assist people with small businesses and still have a planned City. It was learned that Mr. Bill J. Henry, who owns propertY on Kostoryz and had recently been granted "B-3" zoning by the Council for a plumbing shop had never opened the business; and that the propertY was now for sale. It was the opinion of some of the Council that the party may have been attempting to make a profit from the zoning change. �.nutes Regular Council Meeting March 24, 1976 Page 11 Motion by de Ases, seconded by Gulley and passed, to initiate a zoning application to change Mr. Billy Joseph Henry's "B-3" zoning for the southwest half of Lot 22, Block 2, Mahan Acres back to ."B-1" zoning. City Manager Townsend next presented the plat appeal of Mr. Carl Duaine of the decision of the Planning Commission requiring a 60' roadway in the replat of approxi- mately 2.76 acres in Cabaniss Acres #2, located west of Ayers Street between Saratoga and Frederick Drive; that the appeal was heard on January 14, 1976 and tabled, and Mr. Duaine has requested that action be taken on this appeal. He pointed out that the property was divided without being platted first; that this is a request to plat it so that the properties can be sold; and that the problem is that Mr. Duaine must provide access to all of the lots, though not requiring the 60' right-of-way to go through the property. Chief Planner Wenger showed diagrams which the Staff had drawn up of several possible alternatives for the roadway on the property. • Mr. Duaine addressed the Council and asked a waiver of the 60' right-of-way. Motion by Gulley, seconded by Gill and passed by vote of 5 to 2--Luby and Lozano voting Nay --to uphold the decision of the Planning Commission; and advise the Commission that the Council does not feel it is necessary for the 60' right-of-way to go from one end of the property to the other as contemplated by the master plan. City Manager -Townsend announced the recessed public hearings at 4:00 p.m. on Application #276-4, Ismael Perez Mora, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Tract 9, Margaret Kelly Lands, containing one acre more or less, located on the north right-of- way of Old Brownsville Road opposite' the intersection of Saratoga Boulevard with Old Brownsville Road. Mr. Mora explained that his attorney was handling a case out of town at this time and could not be here to represent him; therefore he asked that the hearing be postponed. -9 City Manager Townsend added that it would be a complex case; and while there was no one in the audience in opposition to the application, the Staff would make a presentation in opposition, since the request is in direct conflict with the master plan for the International Airport. Motion by de Ases, seconded by Gulley and passed unanimously, that the hearing remain in recess' until the March 31 Council Meeting. . . Minutes Regular Council Meeting March 24, 1976, Page 12 City Manager Townsend next presented Application #276-5, PJC Partnership, for change of zoning as follows: -Tract A: from "R -1B" One -family Dwelling District to "B-4" General Business District, being 160' x 630' portion of Lot 17, Section 13, Flour Bluff & Encinal Farm & Garden Tracts; and Tract B: from "R -1B" One -family Dwelling District to "AB" Professional Office District, being 160' x 925' portion of Lots 18 & 19, Section 13, Flour Bluff & Encinal Farm & Garden Tracts; both tracts located on the southeast corner of South Staples Street and Williams Drive. He reviewed that the Planning Commission had recommended denial; that the Staff would recommend""B-4" for Tract A, but would recommend "R-2" rather than "AB" for Tract B; also'that in response to the notification of the public hearing three letters had been received in favor and four in opposition. He also announced a petition from residents who received notices of the public hearing and who are opposed to the rezoning because they feel it would devalue'their property, restrict the building of other residences,'and be a safety hazard to the children since this is a school area. Chief Planner Wenger presented a land use and zoning map and showed slides of the area involved. ' Mr. Bill J. Brown, 4745 Ocean Drive, represented Peterson Development Company, who is the owner of the tracts. He stated that they plan to erect a skateboard park for Tract A; that it would include a snack bar and restroom facilities, but no alcoholic beverages would be served. He explained that their plans for Tract B are uncertain at this time, but that the tract is not suitable for homes; and that if the Council would not grant "AB" zoning for that tract they would accept "R-2" zoning. Mr. Brown submitted a petition from residents of the area and other citizens who are in favor of a skateboard park being constructed on Tract A. Mr. Buddy Salvo, 201 Baycliff, stated he owns property in the area, although he resides elsewhere; and he would like to see the tracts zoned "B-4" and "AB" as requested by the applicant. ' Mayor Luby called for those in opposition, and Mr. Weldon Richardson, 1654 East Manor, said he purchased his property in East Manor 13 years ago when all the land in the area was zoned "R -1B", and feels that his property has devalued due to rezoning since that time. He acknowledged that children do need a skateboard facility where they can enjoy the sport safely, but contended that the corner of South Staples and Williams Drive was not an appropriate location for one. He added that the citizens in this area are in a dilemma, because they're fearful that with "B-4" zoning there would eventually be less desirable uses of the property. .utes Regular Council Meeting March 24, 1976• Page 13 Father Kerschen, pastor of Our Lady of Perpetual Help Church, and speaking as administrator of Our Lady of Perpetual Help School, emphasized that there are hundreds of school children in the area, and that he believes the change in zoning would increase the danger to them. Motion by Gulley, seconded by Tipton and passed, that the hearing be closed. Motion by Gulley, seconded by Gill and failed, by vote of 3 to 4, that "B-4" zoning be granted for Tract A, and "R-2" zoning be granted for Tract B. (Gill, Gulley and Lozano voted Aye; Luby, Tipton, de Ases and Sample voted No.) There was further discussion of the matter. Motion by Tipton, seconded by i Gulley and passed unanimously, that "B-4" be denied for Tract A, but in lieu thereof a special permit for a skateboard park facility be approved; subject to an, acceptable site plan. Motion by Gill, seconded by Gulley and passed unanimously, that Tract B be rezoned "R-2". City Secretary Read polled the Council for their vote on the following two ordinances, and stated that according to his tabulation the ordinances voted upon passed, as follows: ORDINANCE NO. 13108 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 DANIEL L. MIRABAL BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 7-L, AVA COOPER ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-3" 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". ORDINANCE NO. 13109 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 RAMON F. CASTANEDA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 21, BLOCK 2, MAHAN ACRES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "8-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-3" 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". The Council next considered appointments to vacancies on Boards and Commissions. Motion by Gill, seconded by Tipton and passed, that Mrs. Ruth (Herman) Josephs be approved and confirmed for the Human Relations Commission, term to expire 6/14/78. Minutes Regular Council Meeting March 24, 1976 Page 14 Motion by Gulley, seconded by Sample and passed, that Dr, James Cottingham and Mr. John Thomas be reappointed to.the Building Standards and Rousing Board of Appeals, terms to expire 3/3/79. There being no further business to come before the Council, on Motion by Sample, seconded by Lozano and passed, the Regular Council Meeting of March 24, 1976 adjourned at 5:42 p.m. •