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HomeMy WebLinkAboutMinutes City Council - 12/08/1976PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 8, 1976 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of City Hall while Mayor Luby was upstairs conducting official City business. The Invocation was given by Reverend Bob J. Cox of the New Testament Christian Church. City Secretary Read called the roll of required Charter Officers and determined a quorum was present. Motion by Lozano that the Minutes of the Regular Meeting of November 3; the Regular and Special Council Meetings of November 10; and the Regular and Special Council Meetings of November 17, 1976 be approved as submitted to the Council; seconded by Sample and passed unanimously. Mayor Pro Tem Tipton announced the Mayor's Proclamations for "Civil Air Patrol Week", December 1 through 8, 1976; "Almeda K. Briner Day", December 8, 1976; and "Corpus Christi International Seamen's Center Week", December 8 through 15, 1976. Mayor Pro Tem Tipton announced the recessed public hearing on Central Power and Light Company's request for a rate increase, explaining the hearing was recessed on October 21 until November 24 --at which time it was further recessed until today. City Manager Townsend distributed a status report on the rate request, including a summary of the consultants' findings. He recommended that the matter be further recessed until several regional meetings have been held in which the consultants and legal counsel will make a formal presentation of their findings.and give their recommendations. He suggested that the Council and any Interested persons attend the meeting at the Sinton High School Auditorium in Sinton, Texas on December 14 at 7:30 p.m. There was no discussion from the audience. Motion by de Ases to recess rthe public hearing on CP&L's request for a rate increase to the Regular,Council Meeting on December 15, 1976; seconded by Gulley and passed unanimously. MICROFILMED SEN u 3 wo' Minutes Regular Council Meeting December 8, 1976 Page 2 Motion by Lozano to encourage all interested persons to attend the December 14 meeting in Sinton; seconded by Gill andopassed unanimously. *(Mayor Luby arrived at this time.) Mayor Luby called for the City Manager's Report, and City Manager Townsend' presented the following items in some detail since they had not been discussed at the morning Workshop Meeting. a. Recommendation that a public hearing be held at 3:30 p.m. during a Special Council Meeting on January 5, 1977 on the following zoning applications: (1) Mr. W. Sam Perkins, "R-2" to "A-2", located along the west right of way line of Carroll Lane south of Houston Street. (2) Fox Photo: Exception to the Screening Fence Requirement, at the southwest corner of S. Staples Street and Kostoryz Road. ' (3) Spohn Hospital, "A-2" and "B-4" to "B-2", located between Ocean Drive, Ayers, Third, and Elizabeth Streets. (4) Mr. Tony Juarez, Jr., "AB" to "B-1", located at the southwest corner of Baldwin Boulevard and Cleo Street. (5) Text Amendment to Zoning Ordinance #6106, Articles 16 & 17, amendment to Article 16 would clarify that storage of wrecked vehicles is not permitted in the "B-4" District while the proposed amendment to Article 17 would allow people to reside in the same structure as their businesses as an ancillary use. b. Recommendation that bids be received at 11:00 A.M., Tuesday, December 28, 1976 for 810 trees including 300 2" tallow, 300 2" cottonwood, 50 2" live oak, 20 3/4" Australian pine, 90 4'-5' palm, and 50 8'-10' palm for use in various City parks and the golf course. c. Recommendation that bids be received at 11:00 A.M., Tuesday, December 28, 1976 on installation of 192 lineal feet of acrylic marble wainscoting on the walls of the antique gallery in the second building of the Corpus Christi Museum. This gallery will be used to display donated antiques and artifacts from area homes. Funds are available in the 1976-77 budget for the wainscoting. d. Recommendation that authority be granted to receive bids on Wednesday, January 5, 1977 for the lease of minerals underlying a 65.5 acre tract of land owned by the City adjacent to Lake Corpus Christi. A previous lease on this tract'has expired. One individual has expressed an interest in leasing the minerals. The proposed lease would provide that: 1. The minimum period be 90 days with a bonus of at least $12.50 per acre per year. 2. Any surface use receive the approval of the Lower Nueces River Water Supply District. 3. All City land drilling ordinance requirements would apply. 4. Unitization of any portion would only hold the portion so unitized beyond the primary lease. Minutes Regular Council Meeting December 8, 1976 Page 3 e. Recommendation that a requested exception to Subsection 6.2 of the Land Drilling Ordinance to permit Mr. Murphy H. Baxter to use earthen pita for mud storage drilling of the Johnny Wilson Well #1 located approximately one mile east of the airport inside the city limits be denied. City policy has discouraged the use of earthen pits for any drilling operation within the City limits to prevent surface contamination from chemicals or other materials. f. Recommendation that a drainage easement, consisting of two 30' wide tracts extending east and west off McKenzie Road between Leopard Street and Haven Road for approximately 2,800 feet, be abandoned. This easement vacation was a condition in the acquisition of a 10.832 acre parcel for the Mayfield-Starlite Lane drainage ditch project. g. Recommendation that Corpus Christi Construction Company, developers of Caribbean Place Subdivision, Unit 3, be reimbursed for one-half the cost of street and sidewalk improvements on Mediterranean Drive adjacent to the dedicated park in the subdivision and $5,681.57 be appropriated for the City's share. The Platting Ordinance provides that the City pay its share of construction cost for streets which abut dedicated parks. h. Recommendation that the Water Fund be reimbursed $24,247.24 for Community Development project work done by Water Division forces in October for - improvement to the water distribution system in the Washington -Carver Unit 2 project area and that the Wastewater Fund be reimbursed $16,638.75 for expenditures in October in laying sewer laterals in Waldron Subdivision in Flour Bluff. i. Recommendation that a contract be authorized with the IBM Corporation for the purchase of an additional line adapter on the City's computer system for $7,793.10 with payments of $375 down and $167 per month during 1976-77. The installation will reduce the number of transactions on the present utility line adapter by moving the Tax, Collections, Accounting, and Data Processing terminals to the proposed adapter and improve the Utility Department's ability to access the computer. Budgeted funds are available through the deferral of converting the remaining Model I disk drives to Model II. The full cost will be paid at 51% interest over 44 months, the same period during which payments are being made on the computer. j• Recommendation that authority be granted to submit an application to the Criminal Justice Division for 5th year funding of the Nueces County Organized Crime Control Unit and execute all documents necessary to continue the program if the grant is approved. The grant provides for 3 Sergeants, 2 Deputy Sheriffs, 1 Patrolman, a part-time Assistant District Attorney, an Analyst, and Secretary. The total project cost is $178,682 of which the Federal portion (40%) is $71,366 with matching in-kind (60%) consisting primarily of personnel by the City of $85,181 and the County $22,135. k. Recommendation that the offer of Burtex Constructors, Inc. to complete 'interceptor 34-A Section 3, a sewer ]ine in Up River Rood and Sharpsburg Road, be acknowledged and the action taken on November 24, 1976 declaring the contract to be in default be withdrawn. The contractor has advised that they are prepared to commence construction immediately and pursue the work to completion in accordance with the contract and the Plans and Specification. Representatives of the city and the consulting engineer will closely monitor the work both to assure its proper completion and also to be alert for any unanticipated construction problems. Minutes Regular Council Meeting December 8, 1976 Page 4 City Manager Townsend added on item "k" that a letter would be sent to the bonding company that the City Council had rescinded its declaration of default in return for the contractor, Burtex Construction, promising to begin construction December 13, 1976 according to the terms of the contract, subject to the performance bond. 1. Recommendation that bids be received on December 28, 1976 for a 24 -month contract for uniform rental service for use by 344 employees in 9 divisions. m. Recommendation that bids be received at 11:00 a.m., Tuesday, January 4, 1977 for the purchase of movable equipment for the Corpus Christi Health Center, estimated to be completed by early 1977. The equipment includes desks, bookcases, tables, chairs, stools, medical equipment, X-ray machine and miscellaneous office furniture. n. Recommendation that a public hearing on the Environmental Assessment and Facility Plan be held on Wednesday, January 12, 1977 at 4:00 p.m. in the Council Chamber regarding the wastewater treatment facilities in Flour Bluff. The public hearing and its transcript are requirements of Public Law 92-500 and are necessary as part of the Step 1 grant work for this project. The proposed project involves increasing capacity from 500,000 to 1,300,000 gallons per day and providing duplication of units to meet the reliability criteria of EPA for a plant discharging in shell 'fish areas. 0. Recommendation that a resolution be approved authorizing continuation of the Narcotics TaskForce for one year after initial Criminal Justice Division funding. The additional year would be at 100% local cost if no federal funds are available ($69,000) or 20% if federal assistance is provided ($13,800). Mayor Luby then opened the floor for discussion from the audience regarding the City Manager's Report. Mr. Emile Bolden addressed the Council in opposition to items "j" and "o". He spoke intensely that a car in which he was a passenger was stopped today by two plainclothes police officers and illegally searched while he was "minding his lawful business." He acknowledged that the police officers were polite, but maintained the incident was a great embarrassment to him because he is an "upright citizen" with a wife and four children. Mr. Bolden stated he is "tired of Black people being victimized by local police"; he stated he feels the nation is in a "police syndrome", and urged the Council not to pass any more law enforcement programs which would give the agencies more power. He also charged that our local Police Department keeps "sheets" on private citizens through a "Law Enforcement Intelligence Unit" which he read about in a magazine article. He told the Mayor and . Council that the Police Department has sheets on all of them. Minutes Regular Council Meeting December 8, 1976 Page 5 City Manager Townsend responded to Mr. Bolden that if he feels he was stopped improperly, he is well aware of the process for filing a complaint before the Department and it would be investigated in the proper time and place. Mr. Townsend added that the process of keeping "sheets" on individuals was discontinued a few years ago; that the only records kept presently are arrests and charges, which are on the computer. Mayor Luby asked for a full report on the incident and also directed the City Manager to find out if the Police Department has a sheet on himself. Motion by de Ases that the City Manager's Report (items "a" through "o") be approved; seconded by Sample and passed --with Luby voting No on items "j" and "o". Mayor Luby recessed the meeting at 3:35 p.m. prior to a Special Council Meeting on three zoning cases. The Regular Council Meeting was resumed at 4:22 p.m. with presentation of the ordinances by City Manager Townsend. No one from the audience addressed the Council relative to the ordinances. Mayor Luby declared the ordinance renewing the Nueces County Organized Crime Control Unit and the resolution pertaining to the Narcotics Task Force to be heard on three readings rather than as emergency items. City Secretary Read then polled the Councilmembers for their vote; all ordinances passed, as follows: SECOND READING: - AMENDING ORDINANCE NO. 12221 PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 14, 1974, BY AMENDING THE SCHEDULE FOR INTRA -CITY CHARTER RATES FOR CITY -OWNED BUSES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING: ORDINANCE NO. 13505 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (e), SO AS TO CHANGE POSITION TITLE AND RECLASSIFYING THE POSITION OF ASSISTANT TO THE DIRECTOR TO ADMINISTRATIVE ASSISTANT -ENGINEERING; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby voting Nay. THIRD READING: ORDINANCE NO. 13506 AMENDING ORDINANCE NO. 3658, AS AMENDED, BY CHANGING CERTAIN SALARY GRADES, CREATING CERTAIN POSITIONS, AND DELETING CERTAIN POSITIONS, BY AMENDING SECTION 4 THEREOF; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gulley, Lozano and Sample voting Aye; Luby and Gill voting Nay. Minutes Regular Council Meeting December 8, 1976 Page 6 THIRD READING: ORDINANCE NO. 13507 ADOPTING THE STANDARD FIRE PREVENTION CODE, 1976 EDITION, WITH CERTAIN CHANGES AND AMENDMENTS, A COPY OF WHICH, AUTHENTICATED BY THE SIGNATURES OF THE MAYOR AND CITY SECRETARY, AND MADE A PUBLIC RECORD BY THIS ORDINANCE OF THE CITY COUNCIL, IS ON FILE IN THE CITY SECRETARY'S OFFICE; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING: ORDINANCE NO. 13508 AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH COASTAL BEND RENT -A -CAR, INC. (DBA AVIS), COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE OPERATION OF A RENT -A -CAR CONCESSION, TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING: ORDINANCE NO. 13509 AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH HERTZ CORPORATION COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE OPERATION OF A RENT - A -CAR CONCESSION, TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING: ORDINANCE NO. 13510 AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH NATIONAL CAR RENTAL OF CORPUS CHRISTI, INC., COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE OPERATION OF A RENT -A -CAR CONCESSION TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. THIRD READING: ORDINANCE NO. 13511 AUTHORIZING THE CITY MANAGER TO EXECUTE A 5 -YEAR LEASE WITH PAGAN LEWIS MOTORS, INC. DBA BUDGET RENT -A -CAR OF CORPUS CHRISTI, COVERING THE RENTAL OF SPACE AT INTERNATIONAL AIRPORT FOR THE OPERATION OF A RENT -A -CAR CONCESSION TO BEGIN FEBRUARY 6, 1977, AND PROVIDING FOR MINIMUM RENTALS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13512 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CORPUS CHRISTI CONSTRUCTION COMPANY, DEVELOPERS OF CARIBBEAN PLACE SUBDIVISION, UNIT 3, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE-HALF THE COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CARIBBEAN PLACE SUBDIVISION, UNIT 3, 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 $5,681.57 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S SHARE OF THE COST APPLICABLE TO THE AFORESAID PROJECT, NO. 220-72-31; 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 voting Aye. Minutes Regular Council Meeting December 8, 1976 Page 7 ORDINANCE NO. 13513 • APPROPRIATING OUT OF NO. 162 FEDERAL -STATE GRANT FUND, COMMUNITY DEVELOPMENT BLOCK GRANT ACTIVITY 4734, CODE 502, THE AMOUNT OF $24,247.24 TO REIMBURSE NO. 141, WATER ACTIVITY 5171-602, FOR THE CITY FORCE ACCOUNT WORK PERFORMED DURING OCTOBER, 1976, APPLICABLE TO WASHINGTON -CARVER UNIT II, AS ALLOCATED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITY SYSTEM IMPROVEMENTS AND RELOCATION; 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 voting Aye. ORDINANCE NO. 13514 APPROPRIATING OUT OF NO. 162 FEDERAL -STATE GRANT FUND, COMMUNITY DEVELOPMENT BLOCK GRANT, ACTIVITY 4734, CODE 502, THE AMOUNT OF $16,638.76 TO REIMBURSE FUND 109 WASTEWATER SERVICES ACTIVITY 5371, CODE 602, FOR CITY FORCE ACCOUNT WORK PERFORMED DURING THE MONTH OF OCTOBER, 1976, ON THE WALDRON SUBDIVISION LATERALS, STAGE II, AS ALLOCATED IN THE COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT FOR FLOUR BLUFF (SCHOOL AREA); 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 voting Aye. FIRST READING: AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR RENEWAL OF THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT, AS MORE FULLY DESCRIBED AND SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE EXECUTION OF ALL NECESSARY DOCUMENTS TO CONTINUE THE PROGRAM IF AND WHEN APPROVED. 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 voting Aye; Luby voting Nay. ORDINANCE NO. 13515 CLOSING A PORTION OF AN ALLEY IN BLOCK 12, CHAMBERLAIN ADDITION EXTENDING FROM THE WEST SIDE OF ALAMEDA STREET TO THE WEST BOUNDARY OF LOTS 13 AND 20, BLOCK 12, CHAMBERLAIN ADDITION, BETWEEN AGNES AND MARGUERITE STREETS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. ORDINANCE NO. 13516 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE IBM CORPORATION FOR PURCHASE OF AN ADDITIONAL LINE ADAPTER FOR THE INTEGRATED COMMUNICATIONS ADAPTER ON THE IBM S-370 MODEL 135 COMPUTER, ALL AS MORE FULLY DESCRIBED IN THE INSTALLMENT PAYMENT AGREEMENT, A SUBSTANTIAL COPY OF WHICH 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 voting Aye. ORDINANCE NO. 13517 CLOSING AND ABANDONING THE RIGHT-OF-WAY EASEMENT REQUIRED FOR DRAINAGE PURPOSES OUT OF THE A.M. FRENCH ESTATE, B.S. AND F. SURVEY 11417, AS RECORDED IN VOL. 749, PAGE 250, DEED RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS HEREINAFTER; 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 voting Aye. Minutes Regular Council Meeting December 8, 1976 Page 8 FIRST READING: RESOLUTION EXPRESSING THE INTENT OF THE CITY TO CONTINUE THE NARCOTICS TASK FORCE IN THE POLICE DEPARTMENT AND TO PROVIDE THE NECESSARY FUNDS FOR SUCH OPERATION UPON THE EXPIRATION OF THE GRANT FROM THE CRIMINAL JUSTICE DIVISION. The foregoing resolution was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye; Luby voting Nay. ORDINANCE NO. 13518 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 JACK L. CARTER BY AMENDING THE ' ZONING MAP BY CHANGING THE ZONING ON LOTS 18 AND 19, BLOCK 14, BELAIRE PARK UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" MULTIPLE DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE 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 voting Aye. ORDINANCE NO. 13519 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 GREAT EXPECTATIONS OIL CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 4 THRU 15, WOODLAWN ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT, "R-2" MULTIPLE DWELLING DISTRICT, AND "SP" SPECIAL PERMIT TO "B-4" GENERAL 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 voting Aye. City Manager Townsend then announced discussion of the appeal of Mr. Ben House, heard on November 10, 1976, on behalf of C -K Paving, Inc. regarding rejection of an application for water service from property adjacent to the city limits near Rand Morgan Road, which appeared on the Workshop Agenda. Attorney House repeated his previous request for water service with a waiver of contractual annexation requirements. He made reference to four court cases which ruled that "once a city goes into the business of serving individuals outside the city limits then they must serve all individuals on a nondiscriminatory basis." Mr. House read names from a list of 470 persons and companies which he stated have received water service outside the city limits since passage of the ordinance governing same. Minutes Regular Council Meeting December 8, 1976 Page 9 Mayor Pro Tem Tipton inquired if a fee in lieu of annexation was ever considered. City Manager Townsend answered that it was discussed at one time but never worked out. He went on to state that the present procedure is simple --if the property is adjacent to the city it must annex to have water service; that Mr. Keng wishes to have the benefit of water without paying taxes. He added that there is a major water main at this particular location. Attorney House added that the property had water at one time, but the meter ' was later pulled out; and that he is now told by the City Staff that the previous application for water service cannot be found. Mr. Doug Matthews, Director of Public Utilities, briefed the Council on the present situation regarding water service around the city limit lines. City Manager Townsend added to Mr. House's comments that the Staff agrees that the requirements of the ordinance must be applied equally, but can find no instances where that hasn't been done. He also elaborated on the requirement of annexation and the City's fire protection responsibilities. Mr. David Royal spoke from the audience concerning his revest for water service which was denied; he called the requirement "blackmail annexation". Motion by de Ases to deny C -K Paving's appeal; seconded by Sample and passed -- with Luby voting No. Mayor Luby then called for petitions From the audience. Mr. Charles Blalock, President of the Corpus Christi Teenage Baseball Team, asked for better lighting at the baseball diamond at Price Field, which is a City park. He said the present lighting was installed about 20 years ago and is very poor, saying it is the worst -lit ballpark he has seen. He told the Council he will appear before the Park Board later this month with his request, but has been toLd that no funds are available. He estimated the cost of new lighting to be about $15,000. The Council instructed the City Manager to try to find money for the lights. Mr. Gabe Lozano, Jr. of Lozano Insurance Agency. complained that one of his clients, Mrs. Felipe Hinojosa, recently rereivod a ticket for an illegal turn --causing Minutes Regular Council Meeting December 8, 1976 Page 10 her insurance rates to go up $363. He protested the issuance of a ticket after only one violation, and recommended a feasibility study concerning making all first offense traffic tickets only warning tickets. Mr. Lozano then introduced Mr. Rosendo Barrera, Sr., who presented the Council with gold medallions commemorating the opening of the Padre Federal Savings and Loan Association. Mr. Lozano then asked for a Proclamation from the Mayor for "Padre Federal Savings and Loan Association Week", urging people to visit it. Mayor Luby responded he would be happy to issue such a Proclamation. Mr. Billy Coleman, Vice President of "Blacks United In Life Development" (BUILD), expressed deep concern that their organization's previous application for a four-phase project was not submitted for funding under the Public Works Act. He stated that "since our last visit here we have received nothing but opposition from the City Staff" and "have been given the run-around". He stressed the need in tracts 4 and 5 of the city for the types of services they proposed. Relative to their day-care facility, he stated there are "76,000 low income eligible children in the city --while only serving 1,600". He emphasized they are more concerned about employment in the area rather than street improvements, which the Staff had planned. City Manager Townsend responded that the deadline for submitting applications under the Public Works Act has passed, but possibly they could apply for Community Development monies. Councilmember Sample stated he expected a clear-cuL wr.ttten explanation from the Staff if either the Mexican -American Cultural Center project or the BUILD project was not submitted; but that he had received none. Mr. Townsend responded that land acquisition is not an eligible use of Public Works funds, which limited BUILD's proposal to Phase I; and that Phase I is not eligible because it involved leased office space. He further explained that the day care facility did not have any source of operating income and the final plans could not be developed in the necessary time limits. He added that the Staff feels that the City should not get involved in day care without adopting some policy regarding it. Mr. Townsend explained that their proposal for constructing a gym would not stand Minutes Regular Council Meeting December 8, 1976 Page 11 because Ben Garza gym is located only about a mile away. He added that the Mexican -American project was much further developed and the architect signed a contract to complete the final plans in a very short time period. Councilmember de Ases asked what other sources this project could be funded through. Councilmember Gill added she favors holding public hearings throughout the community to determine the needs and what the people want; and then pursuing funding through all available means. City Manager Townsend replied that a day care facility would qualify for construction under Community Development monies, but could not be operated with them. He stated there is a substantial need for more day care in the community, but the figure of 76,000 low income eligible children in Corpus Christi which Mr. Coleman gave is totally inaccurate. Mr. David Saenz, 1430 Seventeenth Street, spoke against naming a Police Chief from outside the city, and urged the City Manager to consider appointing Acting Police Chief Bill Banner to that position. City Manager Townsend responded that he will make his recommendation on the basis of the best person he is able to find for the job, whether that person is from within the city or not. There being no further business to come before the Council, on Motion by Tipton, seconded by Sample and passed unanimously, the Regular Council Meeting of December 8, 1976 was adjourned at 6:10 p.m. (at which time the Council went back into Workshop for a presentation on Community Development.)