HomeMy WebLinkAboutMinutes City Council - 06/30/1976MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 30, 1976
2:00 P.M.
PRESENT:
Mayor Pro Tem Bill Tipton
Council Members:
Eduardo E. de Ases City Manager R. Marvin Townsend
Ruth Gill Executive Assistant City Attorney
Bob Gulley Michael May
Gabe Lozano, Sr. City Secretary Bill G. Read
Edward Sample
Mayor Pro Tem Tipton called the meeting to order in the Council Chambers
of City Hall.
The Invocation was given by Reverend Wm. K. Schuster, Pastor of Mt. Olive
Lutheran 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.
Mayor Pro Tem Tipton announced the issuance of Proclamations for the following:
Texas Jazz Month - July, 1976; Flag Display Day and Bell Ringing Day - Sunday, the
Fourth of July; Safe Boating Week - July 4 through 10, 1976; and Johnny Rodriguez
. Day - July 3, 1976.
Mayor Pro Tem Tipton called for the City Manager's Report and City Manager
Townsend presented the following items, with related comments and explanations:
a. Recommendation that a public hearing be held at 3:30 p.m. during the
Regular Council Meeting on July 28, 1976 on the following zoning
applications:
1. Vestland, Inc.: "R -1B" & "AB" to "B-3", located on the northeast
corner of Brandesky and South Padre Island Drives.
2. Text Amendment to the Platting Ordinance to establish minimum
elevations_required to qualify for Federal subsidized flood insurance
and as indicated on Federal Insurance Administration Flood Hazard
Boundary Maps.
b. Recommendation that a drilling permit be granted to Energy Reserves
Group, Inc. to drill a straight hole to a depth of 11,000 feet in State
Tract 172 in Laguna Madre near the Intercoastal Canal five miles southeast
of Flour Bluff. No exceptions to the Bay Drilling Ordinance are requested.
c. Recommendation that the Land Drilling Ordinance be amended by changing
the configuration of drilling blocks 1401 and 1403 and designating a
new drilling block 1622 to eliminate an existing duplication resulting
from two drilling blocks with the number 1400. This change will allow
JHW, Inc. to unitize the minerals in the reconfigured drilling block
1401 and re-enter a plugged and abandoned well. The area involved is
located south of Interstate 37 near West Guth Park.
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Regular Council Meeting
June 30, 1976
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d. Recommendation that the east 3 inches of the 5 -foot drainage easement
adjacent to the northwest property line of Lot 11, Block 1. Greenway
Gardens Unit,I, be abandoned. A residence encroaches 3 inches into the
easement which is for drainage. Abandonment of the 3 inches will not
materially affect the remainder of the easement and its use.
e. Recommendation that the Lawrence Street T -Head water line improvements
project be accepted and final payment of $2,903.26 be made to Maverick
Construction Company, for a total of $5,985.76. The cost was increased
by $745.20 due to utility conflicts unknown when the plans were prepared.
The work provided a 6" water line to replace an old 4" water line.
f. Recommendation that the Flynn -Shea Parkway drainage improvement project
be accepted and final payment of $67,125.99 for a total of $612,168.24
be made W. T. Young Construction Company. This project provided for
the installation of almost two miles of concrete liner in the bottom of
the Flynn Shea drainage channel, grading the side slopes to approximately 4:1
additional topsoil on the slopes, installation of an irrigation system
along the parkway system, and installation of 12,500 feet of bicycle
path along the parkway. A contract underrun of $22,658.20 was realized
because of an error in estimating the amount of concrete liner. The
contractor exceeded the contract time by 30 days, but due to some items
of extra work added and weather which at times did not allow the contractor
to perform at full capacity, it is recommended that a 30 -day extension be
authorized.
g.
Recommendation that the following actions be taken in connection with the
Paloma Street improvement project:
1. The project be accepted and final payment of $5,850 be made Asphalt
Maintenance Company for a total of $82,277.99. This project was
modified by change order to include 200 feet of Jarvis Drive imme-
diately south of Paloma Street at the request of Jarvis Drive property
owners. The project included construction of curb, sidewalk and
pavement transition from Jarvis to near Alameda Street on the east
side. The work was completed except for the surfacing which is being
done by the Street Division to correct a crown problem.
2. Final assessment roll of $36,547.65 be adopted. The assessment roll
includes 40 items on Paloma Street plus 4 items on Jarvis Drive.
h. Recommendation that the General Fund be reimbursed $106,447.06 for engineering
services provided on various bond fund projects from November, 1975 through
January, 1976 and that $95,696.69 be appropriated to supplement $10,750.37
in existing appropriations. Work was performed on 14 street projects,
10 sanitary sewer projects, 4 storm sewer projects, and the Municipal
Auditorium.
(Item "i" discussed later.)
j; Recommendation that bids be received at 11:00 A.M., Tuesday, July 27, 1976
for one replacement 1000 GPM Class "A" Triple Combination Pumper Truck
for the Fire Department.
k, Recommendation that a letter of agreement be authorized with Texas A & M
University, Department of Urban and Regional Planning, for a Corpus
Christi Beach development study at a cost of $3,500. This study would
begin in September 1976 and be completed by May 1977. It would involve
an environmental review, utilities planning, transportation planning,
preparation of alternative land use studies, and community facility and
park planning. The funds necessary for the study are available in the
1976-77 Community Development Block Grant budget for Neighborhood ^ ----- -
Planning. The Planning Commission so recommends.
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1.
Recommendation that the City accept the gift of a small triangular piece
of property remaining from the condemnation of a larger tract acquired
for I. H. 37 expressway at the northwest corner of I. H. 37 and Nueces
Bay Boulevard. The donor, Mrs. Anna C. Costello, now lives in California
and does not desire to retain any further interest in the property. She
has executed a deed to the City.
m. Recommendation that the Transit Division be transferred to the Traffic
Engineering Department and the following related actions be authorized:
1. The Department be renamed Traffic and Transit.
2. A new position of Transit General Manager (Grade 35) be created.
3. The temporary assignment of taxicab inspector duties to Transit
be made permanent and the position be eliminated.
4. The salary grade of the Director of Traffic Engineering be changed
from 37 to 38 and the title be changed to Director of Traffic and
Transit.
The Transit Study Committee has reviewed this recommendation and concurs.
Recommendation that the Position Classification and Compensation Plan
for the City of Corpus Christi (Ordinance Nos. 3658 and 8127) be amended
as follows:
I. Amend Section 1, Subsection (3) - Compensation Ordinance No. 8127
by providing for the following new position title:
Class Code
Position Title Grade
008 Transit General Manager
35
and by changing the position title and reclassifying the following
position:
004 Director of Traffic Engineering 37
to to
004 Director of Traffic and Transit 38
II. Amend Section 4 of Compensation Ordinance No. 3658 by deleting the
following position title:
615 Taxicab Inspector
22
(Items "o", "p", "q" and "r" to be considered later, with item "i".)
During discussion of the foregoing items, Council Member Gulley stated
concerning item "k" that he thought the City had financed enough development
studies regarding Corpus Christi Beach in past years; but that if further studies
were needed, he felt the Planning Staff could conduct them. Mr. Ernest Briones,
Director of the Department of Planning and Urban Development, elaborated on the
study planned by A & M, adding that they would be working with the City and the
COG. City Manager Townsend pointed out that the cost to the City is quite reasonable
for a study of this sort; and suggested that although in all probability not all of
their plans would be utilized, he felt their new ideas, models and sketches regarding
the beach would be very valuable to the City.
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Regular Council Meeting
June 30, 1976 .
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Mayor Pro Tem Tipton called for those from the audience to address the
Council concerning the City Manager's Report (items "a" through "n"), and Mr.
Jack Davis, 4002 Surfside Boulevard, asked pertaining to item "k" if A & M's study
would be adopted exclusively over past studies. City Manager Townsend replied No,
that there already is a master plan for Corpus Christi Beach and this is not a
proposal to get a new plan adopted. He mentioned a few items relative to the beach
that need to be more fully proposed and specific plans developed, which A & M's
study might provide.
Upon further persistent questioning by Mr. Davis, City Manager Townsend again
replied that the study by A & M is not intended to take the place of any previous
study; that federal funds will be used to pay for it; that it does not involve the
Texas Community Development Act in any way.
Motion by de Ases, seconded by Lozano and passed --with Gulley voting No on
item "k" --that items "a" through "n" (item "i" postponed) of the City Manager's
Report be accepted, granted and adopted, as presented by City Manager Townsend.
City Manager Townsend next presented the public hearing on the Preservation
Plan as recommended by the Planning Commission and Landmark Commission, and informed
the Council that the Planning Commission held a public hearing on the proposed plan
on April 27, 1976. Mr. Townsend outlined his recommendations relative to the
Preservation Plan and the Zoning Ordinance, and distributed a memo from Chief
Planner Larry Wenger and a letter from Dr. Richard Marcum, Chairman of the Landmark
Commission, responding to those recommendations. He read from Article V, Sections
4 and 5 of the City Charter pertaining to the Master Plan, and stated that his
recommendation is that the Preservation Plan not be adopted as a part of the Master
Plan, but that an ordinance be brought forward to adopt it as a guiding plan.
Mayor Pro Tem Tipton asked for those who wished to speak in favor of the
Preservation Plan, and Dr. Richard Marcum reviewed the Landmark Commission's
disagreements with the Staff's recommendations, stating the Commission wants the
Preservation Plan to become a part of the Master Plan, and is against the change
to the Zoning Ordinance which deletes that clause. He urged protection of the
City's remaining historical landmarks by preventing the owners from changing the
exteriors of such buildings or destroying them.
City Manager Townsend informed Dr. Marcum that adopting the Preservation Plan
as a part of the Master Plan would still not offer any protection for the historical
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houses; that the owner could remodel the building or tear it down without informing
the Landmark Commission unless it was zoned Historical -Cultural.
Therefore, the Staff and the Landmark Commission agreed that Sections 4 and 5
of Article V of the City Charter would not be applicable to the Preservation Plan,
but in lieu thereof the Building Division must notify the Landmark Commission
whenever an application for a building permit relative to one of those houses is
received:
Also speaking for the Preservation Plan was Ms. Margaret Ramage, 2801 Lawnview,
Chairman of the Nueces County Historical Commission, saying she supports the Landmark
Commission's recommendations and endorses the Preservation Plan.
Addressing the Council in opposition was Mr. Hayden Head, who stated he has
a deep concern over the principle involved and the ultimate adoption of H -C zoning
for any structure; that he agrees with the aim of preservation of landmarks for
the benefit of the public but opposes the property owner's having to bear the cost
of maintenance.
Also in opposition was Mr. Frisco Roberts, 807 South Carancahua, whose house
is listed as a possible historical landmark. He objected that if H -C zoned, about
his only property rights would be paying maintenance, he said; and he wanted to
make it clear that he would defend his rights as a property owner.
Also speaking against the Plan'was Mr. Robert S. Morgan, 453 Pennington, who
stated he is in the real estate business and takes issue with the basic principle
involved; that it controls the value of the property and the individual's rights to
own the property, without paying him for it. He presented a copy of the City of
Galveston's program in which they buy a house designated to be of historical
importance and sell it only to someone who wishes to preserve it as such.
In rebuttal time allowed by the Council, Dr. Marcum stressed that H -C
zoning does not replace existing zoning on property but is in addition to it; that
he does not see any violation of a property owner's rights whatsoever.
Mr. Hayden Head responded that under H -C zoning no change to the property
is possible; and if the owner moved from the City he would still have the responsi-
bility and expense of maintaining the property.
Motion by Gulley, seconded by de Ases and passed unanimously, that the hearing
be closed.
The Meeting was recessed at 3:42 p.m., during which time Mr. Joe J. Alsup
was sworn in as Presiding Judge of Municipal Court.
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Regular Council Meeting
June 30, 1976
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The Regular Council Meeting was resumed at 3:55 p.m.
Motion by Gulley, seconded by de Ases and passed --with Gill voting No --
to table the zoning matter for further discussion.
City Manager Townsend announced that the Secretary of the Interior had
approved the contract for Choke Canyon Reservoir.
At 4:10 p.m. the meeting was recessed to hold a Special Council Meeting on
five zoning applications. The Regular Meeting was resumed at 5:20 p.m.
Under regular business, City Manager Townsend presented the tabled recommen-
dation that improvements to Hakel Street from McArdle to Padre Island Drive be
included in the 1976 Community Development Program as originally scheduled. He
reviewed that qualifying petitions were received in 1972, and the project was
included in the 1972 bond election; that the item was tabled last week to allow
time to check the current ownerships of two properties.
Motion by Gulley, seconded by Sample and passed unanimously, to remove the
item from the table.
City Manager Townsend restated that the recommendation of the Staff is that
the commitment from the 1972 bond election remain and the project be continued. He
explained in answer to Council Member de Ases' inquiry that the Council is not bound
by the 1972 bond election to get bids for, or complete the project. He further pointed
out that the Hakel Drive situation is unique because the block in question is isolated
rather than adjoining other blocks.
Motion by Gulley, seconded by de Ases, that Hakel Street from McArdle to
Padre Island Drive not be paved. Motion failed, with de Ases and Gulley voting "Aye";
Tipton, Gill, Lozano and Sample voting "Nay".
Motion by Sample, seconded by Gill, that Hakel Street from McArdle to Padre
Island Drive be approved. Motion passed, with Tipton, Gill, Lozano and Sample voting
"Aye"; de Ases and Gulley voting "Nay".
City Manager Townsend next presented the remaining items of the City Manager's
Report, with related comments and explanations, as follows:
i. Recommendation that the following actions be taken in connection with the
Kostoryz Road Street Improvement project from Padre Island Drive to Holly
Road:
1. Preliminary plans be approved for 61 feet roadway wide with curb, gutter
and sidewalks and a right -turn movement at Kostoryz and Padre Island
Drive. This design provides for a center left -turn lane and two traffic
lanes in each direction.
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r
2. $10,535 be appropriated for appraisals by Mr. David Barabino ($5,280)
and Mr. Sidney H. Smith ($5,255). Since federal funds are involved,
right-of-way must be acquired in accordance with applicable federal
laws which require two independent professional real estate appraisers
to establish value. Seven parcels are involved.
The project is scheduled for construction during the latter part of this
year as part of the Urban Systems Program to be jointly constructed by
the City, State and Federal governments.
0. Recommendation that the budget for administration of the Community
Development Housing Rehabilitation Program be approved. The Community
Development Block Grant total application approved on Feb. 4, 1976
provided $200,000 with the Community Development Corporation participation
reflected as a contract service at $30,000 and the remaining $170,000
proposed for administration and overhead. The budget provides far 1/2
the salary for the Director of Neighborhood Improvement, one loan
specialist, six property advisors, one counselor, one outreach worker,
two account clerks and one clerk -stenographer.
P•
q.
Recommendation that a 1,050 square foot construction easement be acquired
from Diboll Development Company and Luxury Lodges, Incorporated, for
$6,800, including a quit claim of any interests the owners might have
in the submerged lands east of Avenue "A" or Shoreline between Coastal
Avenue and Gulf Place.
Recommendation that a temporary construction easement and all
of the owner's interest in submerged and unsubmerged land east of
the west right of way line of Avenue "A" be acquired by condemnation.
The property owner is Mr. Jack Davis and acquisition could not be
accomplished by negotiation. The construction easement is located
just north of Surfside Park fronting 796 feet on Corpus Christi Bay.
r, Recommendation that Parcel 19 for the Corpus Christi Beach Restora-
tion Project be acquired from Mr. Jack Davis for $22,235.00 which
includes $2,000.00 for temporary construction lease and $20,235.00
for acquisition of any interest Mr. Davis may have in submerged land
east of the west right of way line of Avenue "A" and release of all
interest in Avenue "A" claimed by Mr. Davis as a result of the Reed
Judgement and that this amount be appropriated from the 291 Bond Fund.
No one from the audience addressed the Council relative to the foregoing
items.
Motion by de Ases, seconded by Lozano and passed unanimously, that items
"1", "o", "p", "q" and "r" of the City Manager's Reports be accepted, granted and
adopted, as presented by City Manager Townsend.
City Manager Townsend next presented the ordinances, with related comments
and explanations.
Mayor Pro Tem Tipton opened the floor for discussion from the audience
regarding the ordinances, and Mr. Bob Bonner from San Antonio spoke concerning
the ordinance on the lease agreement with Mr. Robert B. Glispin for a restaurant
on the Causeway. He said he has been interested in opening a restaurant on
that property for some time; that he made a bid proposal last year and was unaware
that the person who was given the contract at that time had not opened the
restaurant. He explained that he was telephoned last week by Mr. Bill Hennings
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Regular Council Meeting
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Page 8
of the Department of Inspections and Operations to see if he was still interested
in the business, which he was. He continued that he plans to open a nice, full -
menu restaurant which would be accessible by automobile or boat; that he would
not sell fuel, bait, etc., but would devote all his attention to operating a
good restaurant. He went on to explain that he has talked with the Small Business
Administration regarding the loan against the property and is confident a satis-
factory arrangement for repayment can be worked out; that he wants the restaurant
very much.
Mayor Pro Tem Tipton reviewed for Mr. Bonner the reasons that the Council
last week decided to give the lease to Mr. Glispin; i.e., since it was already
the middle of the summer, since there was a substantial loan against the property
which would have to be assumed, that Mr. Glispin had done some research and made
an offer for the business, etc.
Mr. Bob Glispin appeared and reviewed his proposal, explaining that he
believes the tourist traffic during the off-season months would not justify a
single -use business such as a restaurant. He also requested that the ordinance
be considered on an emergency basis rather than three readings, if that would be
legal.
City Manager Townsend reported in answer to the Council's inquiry that
the Staff feels the City does not have to take bids on leases; also that the ordinance
could legally be considered on a one -reading basis; so it was changed accordingly.
Council Member Gulley stated in further discussion of the ordinance that
he believes since there are two people who want the restaurant, it should be put
up for bids.
There being no further discussion of the ordinances, City Secretary Read
polled the Council and stated that according to his tabulation all ordinances
voted upon passed, as follows:
FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, THE LAND DRILLING
ORDINANCE, AS AMENDED, BY AMENDING EXHIBIT "A" OF SUBSECTION 3.1 SO AS TO CHANGE
THE BOUNDARIES OF DRILLING BLOCKS 1401, 1402 AND 1403 TO MORE PROPERLY REFLECT
SUBSURFACE MINERAL OWNERSHIP AND RENUMBERING DRILLING BLOCK 1400 TO 1622, TO
CORRECT A DUPLICATION IN NUMBERING, ALL AS IS SHOWN ON THE SKETCH ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR PUBLICATION.
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 absent.
4
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SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR
LEASE AGREEMENT WITH BILL SWEETLAND FOR USE OF THE SUBSURFACE PEDESTRIAN TUNNEL
UNDER NORTH UPPER BROADWAY AND NORTH LOWER BROADWAY, ALL AS MORE FULLY SET FORTH
IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED
EXHIBIT "A", AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and
Sample, present and voting "Aye"; Luby absent.
ORDINANCE NO. 13259 •
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH ROBERT B. GLISPIN,
PRESIDENT, CUSTOM BUILDING SUPPLY COMPANY, CONCERNING USE OF TRACT 5 OF THE
COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL
CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF OPERATING A RESTAURANT,
BOAT DOCK WITH BOAT SLIPS, FUEL SERVICE AREA, AND BAIT AND FISH STAND, ALL AS
MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE '
SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF.
The Charter Rule was suspended and the foregoing ordinance was'passed by the
following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting
"Aye"; Gulley voting_"Nay"; Luby absent.
ORDINANCE N0. 13260
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI FOR ACQUISITION
OF A PARCEL OF LAND (PARCEL NUMBER 19), LOCATED IN NUECES COUNTY, TEXAS;
DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY
OTHER PARTIES WHO MAY HAVE AN INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY
FOR THE ACQUISITION OF A TEMPORARY CONSTRUCTION EASEMENT FOR THE CORPUS CHRISTI
BEACH RESTORATION PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS AGAINST THE RECORD OWNERS, JACK DAVIS AND WIFE KATHLEEN G. DAVIS, TO
CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13261
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION, .
OF PARCEL NUMBER 3 FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT; APPROPRIATING'
$6,800 OUT OF 291 PARK BOND FUND, PROJECT NUMBER 291-72-11 FOR TEMPORARY CONSTRUC-
TION EASEMENT, AND FOR A QUITCLAIM DEED TO THE CITY QUITCLAIMING ALL TITLE AND
INTEREST IN BLOCKS J AND K, BROOKLYN ADDITION; AND DECLARING AN EMERGENCY.
The Charter Rule was"suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13262
APPROPRIATING $200,000 OUT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT FUND FOR THE
COMMUNITY DEVELOPMENT HOUSING REHABILITATION LOAN PROGRAM; AND DECLARING AN
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent:
ORDINANCE NO. 13263
ABANDONING THE EAST THREE (3) INCHES OF THE FIVE (5) FOOT DRAINAGE EASEMENT
ADJACENT TO THE NORTHWEST PROPERTY LINE OF LOT 11, BLOCK 1, GREENWAY GARDENS
UNIT 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT •
RECORDED IN VOLUME 32, PAGES 1 AND 2, MAP RECORDS OF NUECES COUNTY, TEXAS; AND
DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
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ORDINANCE NO. 13264
AMENDING ORDINANCE NO. 13025, PASSED AND APPROVED FEBRUARY 11, 1976, PERTAINING
TO THE FOLLOWING STREET: PALOMA STREET, FROM OCEAN DRIVE TO JARVIS DRIVE, AND
172' SOUTH OF JARVIS DRIVE TO 290' NORTH OF ALAMEDA STREET, BY AMENDING SECTION
3 OF SAID ORDINANCE SO AS TO ADD THOSE ITEMS ADDED TO THIS CONSTRUCTION PROJECT
BY CHANGE ORDER AUTHORIZED BY ORDINANCE NO. 13122, PASSED AND APPROVED APRIL 7,
1976, AS FOLLOWS: JARVIS DRIVE, FROM PALOMA STREET TO WRAY LANE, AND TO CORRECT
AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS IS
MORE FULLY HEREINAFTER SET OUT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13265
APPROPRIATING $95,696.69 AS FOLLOWS: $76,319.17 FROM #220 STREET BOND FUND;
$2,537.95 FROM #245 AIRPORT BOND FUND; $6,138.85 FROM #250 SANITARY SEWER BOND i
FUND; AND $10,700.72 FROM #295 STORM SEWER BOND FUND,, TO SUPPLEMENT $10,750.37
REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED, EXPENSES
APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED
EXHIBIT "A" WHICH IS MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $106,447.06
TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING THE PERIOD
OF NOVEMBER, 1975 THROUGH JANUARY, 1976; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13266
AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH DAVID BARABINO AND SIDNEY
H. SMITH FOR REAL ESTATE APPRAISAL SERVICES FOR SEVEN (7) PARCELS OF LAND TO BE
ACQUIRED FOR THE KOSTORYZ-PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENT •
PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENT, COPIES OF WHICH ARE ATTACHED
HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; APPROPRIATING OUT OF
#220 STREET IMPROVEMENT BOND FUND, PROJECT 220-72-5, $10,535 FOR SAID SERVICES;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13267 •
AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (e),
SO AS TO PROVIDE FOR NEW POSITION TITLE OF TRANSIT GENERAL MANAGER AND SO AS TO
CHANGE POSITION TITLE AND SALARY GRADE FOR THE POSITION OF DIRECTOR OF TRAFFIC,
AND TRANSIT; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13268
AMENDING ORDINANCE NO. 3658, AS AMENDED, BY DELETING CERTAIN POSITION TITLE BY
AMENDING SECTION 4 THEREOF; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN
•
EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
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ORDINANCE NO. 13269
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
DEK DAIRY QUEEN, BY GRANTING A SPECIAL PERMIT FOR A DAIRY QUEEN BUSINESS
ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE
CONDITIONS HEREINAFTER SET FORTH ON LOT 1 AND A PORTION OF LOT 2, BLOCK 2,
GLENOAK PARK UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY,
TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS
AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinace was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13270
APPROPRIATING $29,035 OUT OF THE NO. 124 FOURTH ENTITLEMENT PERIOD GENERAL REVENUE
SHARING FUNDS FOR TRANSFER TO THE NO. 291 PARK BOND FUND FOR THE DEVELOPMENT OF
LOS ENCINOS PARK, PROJECT NO. 291-72-3; AND DECLARING AN EMERGENCY. , '
The Charter Rule was suspended and the foregoing ordinance was passed by the •
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
ORDINANCE NO. 13271
AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION
OF PARCEL NUMBER 19 FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT FROM JACK
DAVIS AND WIFE, KATHLEEN G. DAVIS; APPROPRIATING $22,235 OUT OF 291 PARK BOND
FUND, PROJECT NUMBER 291-72-11 OF WHICH AMOUNT $2,000 IS FOR A TEMPORARY
CONSTRUCTION LEASE AND $20,235 IS FOR ACQUISITION OF ANY INTEREST OF JACK DAVIS •
AND WIFE, KATHLEEN G. DAVIS, IN UNSUBMERGED LAND EAST OF THE WEST RIGHT-OF-WAY
LINE OF AVENUE "A" AND THE RELEASE OF ALL INTEREST IN AVENUE "A" CLAIMED BY
JACK DAVIS AND WIFE AS A RESULT OF THE REID JUDGMENT; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and
voting "Aye"; Luby absent.
Motion by Sample, seconded by Gill and passed unanimously, that Mayor
Luby's absence from today's meeting be excused.
Mayor Pro Tem Tipton opened the floor for petitions or information from
the audience, and Col. A. J. Moore, 5913 O'Brian, informed the Council` that on
advice from his attorney, Mr. Harry L. Hoag, he was registering'a protest as to ,
the validity of the absentee voting. He quoted from Mr. Hoag's letter that
although 1,559 votes were registered on the machine, there were only 1,356 voters'
signatures on the list of voters --a difference of 203 votes. He went on to
charge that after taking this into account, the bond issue (which passed by a
320 -vote margin) would have been defeated by 80 votes:
City Secretary Read responded that in essence Col. Moore was saying that
he (Mr: Read) had stuffed the ballot box and thrown the election; and that if
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Minutes .
Regular Council Meeting
June 30, 1976
Page 12
those charges were true he belonged in jail. He stressed that those were serious
charges brought against himself and the Deputy City Secretary for -absentee
voting; that they were criminal charges for which he could be put in jail; that
Col. Moore did not ask him if those figures were correct, but came before the
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Council and made those accusations. aFP'•
City Secretary Read went on to explain the absentee voting procedure. 'He
added that at no time during the absentee voting was he made aware of any irregu-
larities except on the last day, when one person failed to sign a voter sheet
before voting, and left the premises before his signature could be obtained.*
He stressed that that was the only discrepancy; that all his absentee lists and
records show 1,558 signatures, while 1,559 votes wereirecorded on the machine.
Col. Moore replied that he wasInot here to engage in an argument", but was
only presenting the facts his attorney had discovered.
It was the consensus of the Council to stand by their canvass of the
returns, which officially confirmed the 320 -vote favor for the convention center.
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Mr. Graford Rogers, 529 Sheridan, addressed the Council relative to %
acquiring water service for his floor covering company on Staples Street.- He
stated he has moved his operation there, and employs eight to ten people. '
City Manager Townsend clarified that the Staff feels there is an adequate '
water supply for whatever use he plans'on the premises; but that it would probably
not be sufficient in'the event of a fire.,
'After further' discussion, the Council agreed to table the item for one week
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in order to acquire further information.
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Mr. Rudy Garza, a supplier of fireworks fora 50 -mile radius outside'the
City, protested the summons he received at one of his fireworks' stands and the
subsequent arrest of his daughter who was working at the stand. His main complaint `
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was that the City changed the 5,000', marker which identifies the point outside the
City limits at which fireworks can legally be sold or possessed; that he wa'S
recently told by the Staff that they are now measuring "as the crow flies", which
he argues they have never done for the past 23 seasons.`
City Manager Townsend responded that the City's law provides that the sale
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or possession of fireworks within 5,000' of the City limits is a nuisance and
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therefore illegal; that the City has the authority to abate nuisances; and that
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,ular Council Meeting
June 30, 1976
Page 13
,if Mr. Garza feels he has been wronged he could go before the courts. He went
on to explain that the City has always measured the 5,000' limit as the crow
flies --never any other way; that this year, signs have been placed at the 5,000'
line on all main entrances to the City. He continued that most violations occur
where the signs are plainly evident, but simply ignored; that the people are
first warned, then given citations and subsequently arrested when it is clear
they have no intention of stopping the illegal activity.
Mr. Garza hotly protested the fact that the City erected the 5,000' limit
signs when the 11 -day season for selling fireworks for the Fourth of July had
already begun, and some of the signs were located differently than the previous
5,000' markers which were painted on the streets.
City Manager Townsend replied that at one location a fireworks company
had hired an engineering firm to electronically measure the 5,000' City limit
to their stand; that the actual distance was determined to be less than the City's
marker, so the City's sign was moved closer accordingly.
Council Member de Ases suggested that perhaps the City Staff could have
informed the employees in Mr. Garza's fireworks stand,who witnessed that incident,
of what was going on --since it is a highly competitive business.
Motion by de Ases, seconded by Sample and passed unanimously, that the
enforcement of fireworks be limited to citations only for this particular season
of July 4th.
There being no further business to come before the Council, on Motion by
de Ases, the Regular Council Meeting of June 30, 1976 was adjourned at :7:55 p.m.
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