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HomeMy WebLinkAboutMinutes City Council - 06/01/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 1, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz *Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem de Ases called the meeting to order in the Council Chambers of City Hall while Mayor Luby was conducting official business in his office. The invocation was given by the Reverend Elliott Grant, Pastor of St. Matthew's Baptist Church. *Mayor Luby arrived at the meeting at 2:05 p.m. Mayor Luby presented Certificates of Commendation to 27 Boys and Girls State Delegates selected by the National Organization of the American Legion. Mayor Luby also introduced Mr. Jim Wilkins of American Legion Post 364, who explained the program sponsored by the American Legion to instill in young people the duties, rights, privileges and responsibilities of an American citizen. Mr. Wilkins intro- duced the delegates who were present and other members of the American Legion. Motion by Gulley that R. Marvin Townsend be elected to serve as his alter- nate on the Coastal Bend Council of Governments; seconded by Sample, and passed unanimously. The next item on the agenda was the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations: 7 a. Recommendation that bids be received at 11:00 A.M., Tuesday, June 21, 1977 to furnish labor, material and equipment to repair and surface the roadway at Wesley Seale Dam between the outlet tower and the county road. b. Recommendation that $1,000 be appropriated from the Sanitary Sewer Bond Fund for additional laboratory tests on Horne Road from Ayers to Kostoryz, and Port Avenue from the Crosstown Expressway to Horne to determine precise soil conditions so that rehabilitation or replacement of the sewer line can be satisfactorily completed. c. Recommendation that the preliminary assessment roll be adopted for Cooper's Alley improvements from 100' east of Chaparral Street to!'fan9hua Street, including 250 feet of Carancahua Street north of Cooper's Alley and a portion of Mesquite Street at Cooper's Alley, and the assessment hearing be held on June 29, 1977 at 3:00 p.m. in the Council Chambers. Bids have been received by the State. The low bid was submitted by Abacus Corporation for $174,282.67. The project will be jointly funded by the City, State and Federal Government under the Urban Systems Program. The total preliminary assessments are $31,598.38. The State's portion of the cost is $105,821.47 and the City's, including assessments, is $68,461.20. `MICROFILMED SE }� v 31980 . Minutes Regular Council Meeting June 1, 1977 Page 2 In connection with Item "c", City Manager Townsend called for the approval of the ordinance at this time, explaining the necessity to file notice at the County Court House. The following ordinance passed at this time: ORDINANCE NO. 13758: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: COOPER'S ALLEY EXTENSION AND TELCO STREET, FROM 100 FEET EAST OF CHAPARRAL STREET TO TANCAHUA STREET, INCLUDING 250 FEET OF CARANCAHUA STREET NORTH OF TELCO STREET AND A POR- TION OF MESQUITE STREET AT COOPER'S STREET, PROJECT NO. MH -281, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND , PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". City Manager Townsend continued with the following City Manager's Reports: d. Recommendation that the lease with the American Little League for approxi- mately three and one-half acres at Botsford Park at McArdle and Hamlett be renewed for an additional five years. The Park and Recreation Board so recommends. The lease provides that the City has joint use of the park and must approve all construction. The Little League must pay for all utilities, employ a person to keep the park clean of debris and litter and hold the City harmless from -all liability. e. Recommendation that an amendment be submitted for a supplemental grant to the Governor's Committee on Aging for the Title VII Elderly Nntrition Program for $26,320 for expansion of the Nutrition Program into Kingsville. These funds will be used to provide 53 meals daily and cover costa of administration, equipment, and staffing. No City funds are involved. The program will begin upon approval of this agreement and terminates November 30, 1977. f. Recommendation that a contract be approved with the City of Kingsville for administration of an Elderly Nutrition Program. The Governor's Committee on Aging has allocated $26,320 for this program through November 30, 1977. The funds will provide 53 meals and start-up costs including administration, equipment, and staff. Kingsville will in turn subcontract with the Community Action Council of South Texas for actual implementation of the program. Recommendation that an agreement between the City and the Missouri Pacific Railroad Company be approved providing for the lowering of 860 feet of tract at the Missouri Pacific crossing on Comanche Street immediately east of Port Avenue as part of the Cosner, Bonham, Hakel, Comanche, and Houston street improvements currently under construction. The City will pay for the cost of excavation under the roadbed and lime stabilization. The railroad will pay for removing the existing ties and tracks, placing ballast on the completed subgrade and replacing the track. No additional appropriation is required. g• h. Recommendation that $30,850 be appropriated from the Airport Bond Fund for caliche and asphalt for an additional 125 parking spaces between the rear of the existing parking lot and the ditch. The material will be placed at permanent grade so that the temporary paving can become part of the permanent improvements after financing becomes available. The Street Division will construct the additional space. Minutes Regular Council Meeting June 1, 1977 Page 3 i. Recommendation that the City propose an amendment to the Agreement Establishing the Coastal Bend Regional Planning Commission to enable each member to have non -elected alternates as long as at least 50% of its total delegation (Members and Alternates) are elected officials. The amendment would add the phrase "unless at least 50% of the County or City representatives are elected officials and at least 50% of the total of the representatives and alternates are elected officials." j• Recommendation that the franchise originally granted to Mr. Eli Abrams, dba Courtesy Advertising Company, in 1966 to provide up to 500 public service benches for City transit customers be extended for an additional five year period. Mr. Abrams proposes to increase the percentage of gross receipts from advertising on these benches which he pays the City from 10% to 15% with the stipulation that the additional 5% be credited to the Transit Fund. The additional 5% should increase revenue from the franchise from approximately $3,600 per year to $5,400 per year. Cur- rently, the total 101 is credited to the General Fund. It is recommended that the total 15% be credited to the Transit Fund in 1977-78. k. Recommendation that a 10' x 70.1' utility easement in Lot 4C, Block 1, Marks Tract, between South Padre Island Drive, Corona Drive and Embassy Drive be abandoned. An alternate easement will be dedicated by the pro- perty owner for future electrical service. All affected departments so recommend. In regard to the additional parking spaces at International Airport men- tioned in Item "h", Council Member Sample inquired about the number of square yards involved in this expansion. City Manager Townsend informed the Council that the addition to the parking lot would consist of 4,939 square yards and will be constructed with 6 inches of lime stabilized base, 8 inches of caliche, prime coat and a two -course surface treatment. Mr. Townsend further stated that an additional exit is planned and con- struction will begin as soon as possible. No one in the audience spoke in regard to the City Manager's Reports. Motion by Diaz that the City Manager's Reports be accepted as presented; seconded by Sample, and passed, with Luby voting "No" on Item "h". City Manager Townsend presented the ordinances for consideration. Mayor Luby then called for comments or discussion relevant to the ordi- nances. Council Member Gulley asked to see a copy of the lease with the Camp Fire Girls for the Gugenheim House and inquired if one custodian would be employed for custodial services for this one house. City Manager Townsend informed him that Minutes Regular Council Meeting June 1, 1977 Page 4 the one custodian would care for three restored houses in the area. Council Member Gill asked to see a copy of the franchise agreement with Eli Abrams for bus advertising benches (Ordinance "b"). In further reference to the lease with the Camp Fire Girls, Council Member Gulley inquired as to which activity will carry the $14,000 budget item for main- tenance on the Gugenheim House. City Manager Townsend stated that the item will be included in the Bayfront Arts and Science Park or Park Maintenance. Mayor Luby then called for discussion of the ordinances by members of the audience. Addressing the Council in connection with the second reading of the ordi- nance listed as Item "d" which deals with the amendment to the Electrical Licensing Ordinance, Mr. E. E. Walters, of Del Mar College, spoke in opposition to its passage. Mr. Walters stated that he feels that four apprentices trained under, one journeyman electrician are too many; that they will not be properly trained; and that they will be unable to obtain a journeyman license. Speaking in opposition to the same ordinance was Mr. Jim Fairbairn, of Fairbairn Electric Company, 1821 N. Port. Mr. Fairbairn addressed the Council on behalf of his partner, Mr. Jack Green, stating that Mr. Green had prepared a statement which reflected the opinion that it would be impossible to train four apprentices under one journeyman electrician. Also speaking on this matter and expressing opposition to the amendment was Mr. Keith Barkley of the National Electrical Contractors Association. Mr. Barkley stated that he is a master electrician and that he is concerned about the safety of the citizens of the City of Corpus Christi, explaining the problems that may be encountered if four apprentices are employed under the supervision of one journeyman electrician. He indicated that he felt the City has a good electrical ordinance now and urged the Council to vote against this ordinance. Council Member Gulley pointed out to those speaking in opposition to this ordinance that an electrical or construction company does not have to employ four apprentices to work under one journeyman electrician but that this is the choice of Minutes Regular Council Meeting June 1, 1977 Page 5 the contractor. Mr. Barkley expressed the opinion that contractors will employ as many apprentices as they are allowed to. Council Member Gill inquired if it would be possible to have the comments of the Fire Chief and safety official about this proposed amendment. City Manager Townsend stated that the Fire Chief is not involved in this and he is not in a position to judge this. Mr. Townsend further explained that the inspection process would be handled by the staff in Maintenance and Operations, under the direction of Mr. Bill Hennings. Mr. David Perry spoke at this time and expressed his opposition to the ordinance dealing with the four apprentices. Mr. Perry pointed out that under the proposed amendment, nobody will have to take tests to be allowed to work as an apprentice, indicating that this would allow contractors to simply employ anyone, whether they are qualified or not. He stated that he feels that the electrical inspector for the City is opposed to this and does not have enough inspectors to perform the job now and that this amendment would require more inspectors. Council Member Diaz inquired of Mr. Perry if a ratio of three apprentices to one journeyman electrician would be acceptable to him. Mr. Perry replied that anything less than four would be an improvement, but pointed out that the Bureau of Labor standard is five journeyman electricians to one apprentice. He further stated that if the amendment specified that the apprentices be in an approved apprentice program, this would be a different matter. Further discussion followed between Council Members, Mr. Perry and Mr. Barkley in regard to the apprentice program sponsored by the Department of Labor, and it was ascertained that the apprentices in the program are allowed to join the union if they care to, and that most of them do before they complete the program. Mr. Barkley stated that there are currently less than 100 participating in the program, and of that number, 25 are not in the union at this time. Mayor Pro Tem de Ases requested the City Manager's comments in regard to the statement of the electrical inspector for the City that he did not have enough inspectors. City Manager Townsend stated that nearly all of the directors and Minutes Regular Council Meeting June 1, 1977 Page 6 division heads in the City would indicate that they do not have enough inspectors, or employees. Mr. Townsend stated that Mr. Bill Hennings had not voiced any con- cern about changing the ordinance. Further discussion followed, and Mayor Pro Tem de Ases and Council Member Gill stated that all electrical contractors should be under a bond. City Manager Townsend stated that he agreed with this and that consideration should be given to this. Mr. Darrell McGonigle, representative of the Joint Labor Management Group and the Bureau of Apprenticeship and Training, spoke in opposition to the amendment to the subject ordinance in regard to the ratio of four apprentices to one journey- man electrician. Mr. McGonigle read to the Council a letter signed by Mr. James M. Green of the U. S. Department of Labor and urged the Council to retain the present ratio of one journeyman electrician to one apprentice. In reply to the City Manager's inquiry about the apprentices in the class sponsored by the department he represents, Mr. McGonigle stated that of the 60 apprentices in the class, 30 of them are not in the union, but stated that when the class graduates, the usual thing is that they have joined the union prior to graduating. After further questioning by the Council, Mr. McGonigle admitted that he was not aware of any graduates of the class who were not union members, and Council Member Diaz suggested the possibility that the apprentices may join the union because they might conceivably feel that they must be members of the union to graduate. Also speaking in opposition to the amendment to the ordinance was Mr. Larry Majors, 625 Airdrome. Mr. Lynn Tate, 3820 Country Estates, Business Agent for the Electrical Union, addressed the Council on the same matter, stating that last week he did not appear because he did not feel that this proposed ordinance was a union matter, but the labor issue had come up. Mr. Tate stated that some people wanted to change the standards, and this would hurt the citizens. He also wanted to refute the state- ments made that the Electrical Advisory Board is controlled by the union, and he pointed out that there had never been more than three persons on the Board connected Minutes Regular Council Meeting June 1, 1977 Page 7 with the union. The next citizen speaking in opposition to the passage of the ordinance was Mr. E. E. Zuch, 3926 Leigh Drive, a licensed journeyman electrician, who expressed the opinion that it is impossible for a journeyman electrician to super- vise four apprentices. He also indicated that a 3 to 1 or 2 to 1 ratio would not be acceptable to him. Council Member Sample pointed out that the amendment to the ordinance specifies that one journeyman electrician may supervise four apprentices, but it is up to the contractor as to whether or not they want to work four apprentices. Mr. Leonard P. Martin, 318 Cape Cod, an insurance underwriter, stated that he had inspected buildings in Corpus Christi which were poorly constructed and destined to be blown away, but the electrical work was good. He further alleged that some of the buildings that he had inspected were the "shoddiest" work in the nation. City Manager Townsend requested that Mr. Martin go with Mr. Bill Hennings to show him the poor construction he referred to. Mr. Martin declined because such action might make him vulnerable to a lawsuit. Council Member Diaz questioned Mr. Martin and asked him how he knew who had wired the buildings in question. Mr. Martin stated that he was not concerned with who had wired the buildings but had only inspected them and found the elec- trical work to be very good. There being no further discussion of the ordinances, City Secretary Read polled the Council for the vote of the Council, and the following ordinances were approved: FIRST READING: EXTENDING THE FRANCHISE GRANTED BY ORDINANCE NO. 10998, PASSED ON JULY 26, 1972, TO MR. ELI ABRAMS, DBA COURTESY ADVERTISING COMPANY, FOR AN ADDITIONAL PERIOD OF 5 YEARS. THE TERMS OF THE FRANCHISE GRANTED BY ORDINANCE NO. 10998 ARE TO REMAIN THE SAME EXCEPT THAT THE PERCENTAGE OF GROSS RECEIPTS FROM ADVERTISING ON THESE BENCHES PAID TO THE CITY IS TO BE INCREASED FROM 10% TO 15%. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 1, 1977 Page 8 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE AMERICAN LITTLE LEAGUE FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT AUTHORIZED BY ORDINANCE NO. 10174, CONCERNING A TRACT OF APPROXIMATELY THREE AND ONE-HALF ACRES OF LAND IN BOTSFORD PARK, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREA- TIONAL AREA, 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. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". • SECOND READING: AMENDING ARTICLE III, ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 13-64, EXAMINATIONS - SCHEDULING; GRADING, SUBSECTION (b), PARAGRAPH (4), SO AS TO PROVIDE FOR RECIPROCAL ELECTRICIANS LICENSES, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: de Ases, Diaz, Gulley, Lozano, and Sample voting "Aye"; Luby and Gill voting "No". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA CAMP FIRE GIRLS, INC., FOR THE LEASING OF THE PREMISES OF THE GUGENHEIM HOUSE, FOR THE RESTORATION AND USE OF THE PREMISES BY THE CAMP FIRE GIRLS, SAID LEASE TO BE FOR A TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHI- BIT "A". The foregoing ordinance was read for the second time and passed to its third read- ing by the following vote: Luby, de Aes, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13760: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE III, WATER RATES AND CHARGES, SECTION 55-53. TEMPORARY FIRE- PLUG METERS, SUBSECTION (c), SO AS TO HEREAFTER PROVIDE FOR METER DEPOSIT OF $250; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13761: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE X, MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 1, GENERALLY, BY ADDING A NEW SECTION, TO BE DESIGNATED AS SECTION 2-239, TO PROVIDE FOR AUTOMATIC RESIGNATION FROM A BOARD OR COMMISSION WHEN A MEMBER OF A PARTICULAR BOARD OR COMMISSION MOVES OUTSIDE THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 1, 1977 Page 9 ORDINANCE NO. 13762: i AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT FOR A SUPPLEMENTAL GRANT TO THE GOVERNOR'S COMMITTEE ON AGING FOR THE TITLE VII ELDERLY NUTRITION PROGRAM PROVIDING FOR AN INCREASE IN FUNDS OF $26,320, THE ADDITIONAL FUNDS TO BE USED FOR EXPANDING THE NUTRITION PROGRAM TO THE CITY OF KINGSVILLE, TEXAS; ALL AS MORE FULLY SET FORTH IN THE PROPOSAL IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED "EXHIBIT A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND AUTHORIZING THE EXECUTION OF ALL OTHER DOCUMENTS AS MAY BE NECESSARY IN THE IMPLEMENTATION AND CONTINUANCE OF THE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13763: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CITY OF KINGSVILLE FOR THE CONDUCT AND ADMINISTRATION OF AN ELDERLY NUTRITION PROGRAM IN CONNECTION WITH A GRANT FROM THE OFFICE OF THE GOVERNOR'S COMMITTEE ON AGING UNDER TITLE VII OF THE FEDERAL OLDER AMERICANS ACT OF 1965, AS AMENDED, ALL AS MORE FULLY SET FORTH IN THE CONTRACT IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED "EXHIBIT A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND AUTHORIZING THE EXECUTION OF ALL OTHER DOCUMENTS AS MAY BE NECESSARY IN THE IMPLEMENTATION AND CONTINUANCE OF THE PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13759: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEER- ING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVE- MENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: COOPER'S ALLEY EXTENSION AND TELCO STREET, FROM 100 FEET EAST OF CHAPARRAL STREET TO TANCAHUA STREET, INCLUDING 250 FEET OF CARANCAHUA STREET NORTH OF TELCO STREET AND A PORTION OF MESQUITE STREET AT COOPER'S STREET, PROJECT NO. MH -281; DETERMIN- ING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON JUNE 29, 1977, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby,de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13764: CLOSING AND ABANDONING A 10' x 70.1' UTILITY EASEMENT IN LOT 4C, BLOCK 1, MARKS TRACT, AS MORE FULLY DESCRIBED AND SET FORTH HEREINAFTER, SUBJECT TO THE DEDICATION OF AN ALTERNATE EASEMENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 1, 1977 Page 10 ORDINANCE NO. 13765: APPROPRIATING $1,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, APPLICABLE TO PROJECT NO. 250-72-20, PORT AVENUE AND HORNE ROAD TRUNK STUDY, TO PROVIDE FOR LABORATORY TESTING SERVICES TO BE PROVIDED BY TRINITY ENGINEERING TESTING CORPOR- ATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13766: AUTRORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE MISSOURI PACIFIC RAILROAD COMPANY PROVIDING FOR JOINT CONSTRUCTION CONCERNING LOWERING 860 LINEAR PEET OF RAILROAD TRACK ON COMANCHE STREET AT CHICO STREET, RELATIVE TO PROJECT NO. 220-72-1.5, FUNDS FOR CITY'S COST OBLIGATIONS FOR SAID JOINT CONSTRUCTION HAVING BEEN APPROPRIATED BY ORDINANCE NO. 13667, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: APPROPRIATING $30,850 OUT OF THE AIRPORT BOND FUND FOR CALICHE AND ASPHALT TO PROVIDE AN ADDITIONAL 125 PARKING SPACES AT THE REAR OF THE EXISTING PARKING LOT AT THE INTERNATIONAL AIRPORT, PROJECT NO. 245-68-27. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". The following ordinance, which was read for the first time on May 25, 1977, was read for the second time and failed to pass the second reading: SECOND READING: AMENDING SECTION 13-74, SUPERVISION OF AND RESPONSIBILITY FOR WORK, OF ARTICLE III, ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO HEREAFTER PROVIDE FOR UP TO FOUR APPRENTICES TO BE PERMITTED TO WORK UNDER THE ON-SITE SUPERVISION OF A MASTER OR JOURNEYMAN ELECTRICIAN; PRO- VIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and failed to pass to its third reading by the following vote: Gulley, Lozano, and Sample voting "Aye"; Luby, de Ases, Diaz and Gill voting "No". Mayor Luby declared a recess at 3:59 p.m. *Council Member Gill departed the meeting at 4:00 p.m. The Regular Council Meeting was reconvened at 4:05 p.m. Minutes Regular Council Meeting June 1, 1977 Page 11 City Manager Townsend presented the next item on the agenda which was the tabled item on the request of Seaview Medical Enterprises, Inc., for change of zon- ing from "SP" to "AB" on the property located on the southeast side of the 4600 block of Weber Road between Barnes Street and Bradford Drive. Mr. Townsend informed the Council that it had been determined that the 20% rule is in effect, and approval of this application will require six votes of the Council. Motion by Gulley that this item again be tabled for one week until all seven members of the Council are present; seconded by Diaz, and passed unanimously. Mayor Luby announced the presentation by representatives of the proposed Mexican -American Cultural Center, Plaza de Amistad. Speaking on behalf of Mr. Tony Dominguez, Vice President of the group, was Mr. Al Herrera, 4606 Salazar Street, who related the history of the Plaza de Amistad. Mr. Herrera urged the Council to support the proposed center in the priority list of funding requests for EDA. He stated that all of the media are in support of this and requested that the project be moved from the 17th position on the EDA priority list to the 4th position. Also speaking in favor of this project were Mr. Louis Sanchez, 3334 Casa de Amigos; Mr. and Mrs. Roger Chovana, 3322 Casa Bonita; and Mr. Reynaldo Cantu, 4614 Orchid Lane, all stating that they felt that the project should have a higher pri- ority on the EDA list and emphasizing that such a center would enable the Mexican - Americans to obtain further knowledge of their heritage. Mr. Ralph Gilchrist, 310 Cape Cod, President of the Corpus Christi Museum Advisory Board, spoke at this time and indicated that the Board endorses this pro- ject but the members have very little knowledge of the plans for it. He stated that the Advisory Board would like to offer their assistance on the project. Mr. Henry Santana, 4906 Trinity, spoke in favor of the Plaza de Amistad and agreed that he would like to work with the Museum Advisory Board but did not want to commit the group to include the proposed center under the direction of the City's Museum Director. Minutes Regular Council Meeting June 1, 1977 Page 12 Speaking in opposition to the proposed Plaza de Amistad was Mr. P. R. Ochoa, 1012 Leopard Street, stating that he represents Americans of Texas, Inc. Mr. Ochoa spoke at length expressing his opinion that the Mexican -American Cultural Center would create dissension between native-born Texans and Mexican -Americans. City Manager Townsend stated that the final determination of priorities for EDA funding will be made next week. Mayor Luby called for the presentation of the items to be considered during the public hearing. City Manager Townsend announced the public hearing on Application #1377-7, Mr. Mike Contrera Molina, for change of zoning from "R -1B" One -Family Dwelling District to "B-4" General Business District on Lot 11, Block 2, Leary Addition, located along the south side of Agarito Street, approximately 59 feet east of Sabinas Street. City Manager Townsend stated that the Planning Commission and the Planning Staff recommend denial of this application. Chief Planner Larry Wenger pointed out the property on the zoning map and explained the land use in the surrounding area and stated that the Planning Com- mission and Planning Staff recommend denial because "B-4" zoning would be an intrusion into the existing neighborhood consisting of residences. Mr. Amador Garcia, representing the applicant, informed the Council that Mr. Molina planned to construct an auto body and rust repair shop; he had agreed to install the appropriate screening fence; would not perform any work at night; agreed not to erect any signs; the body work would be done inside the building; there will be no painting at this location; would provide a parking lot with landscaping in some areas; and requested that in lieu of the "B-4" zoning, a special permit be approved for this usage. No one spoke in opposition to this application. Motion by Sample that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Diaz that the "B-4" zoning be denied but in lieu thereof a Special Permit be issued subject to the Council's approval of a site plan; seconded by Lozano, and passed unanimously. Minutes Regular Council Meeting June 1, 1977 Page 13 City Manager Townsend announced the public hearing on Application II377-8, Mr. Joseph W. Bailey, for change of zoning from "AB" Professional Office District to "B-4" General Business District on Lots 13, 14 and 15, Block 2, Bayview No. 1, located on the east side of 3rd Street, approximately 50 feet south of Buford Street. Mr. Townsend stated that in response to the public notices that were mailed, three had been returned in favor of the change of zoning and three in opposition. He also informed the Council that the Planning Commission had recommended denial but in lieu thereof a special permit be approved for the specific uses listed on the application with no screening fence required, and that the Planning Staff recommends denial°but that a special permit be approved. Chief Planner Larry Wenger pointed out the area involved on the zoning map and presented background information on the case. No one spoke in opposition to this application. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Motion by Gulley that the change of zoning to "B-4" be denied but in lieu thereof, a Special Permit be approved for the specific uses listed on the applica- tion with no screening fence required, as recommended by the Planning Commission; seconded by Sample, and passed unanimously. City Manager Townsend announced the public hearing on Application 11377-9, Mr. Gilbert G. Garza, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 8, Block 1, Saxet Heights No. 2, located at the northwest corner,of Krejci Lane and Old Robstown Road. City Manager Townsend stated that it is the recommendation of the Planning Commission that it be denied, and the Planning Staff also recommends denial. Mr. Townsend informed the Council that in response to the notices mailed to property owners in the affected area, two in favor of the change of zoning had been returned, and two in opposition. Chief Planner Larry Wenger indicated the property involved on the zoning map and provided the Council with background information on the surrounding land use. Minutes Regular Council Meeting June 1, 1977 Page 14 Mr. Wenger also explained that the owner of this property had established a real estate office in his residence and had erected a free-standing sign, which is in violation of the existing zoning. He stated that the change of zoning request was made to allow the sign to remain and indicated that the real estate office would qualify as a home occupation if the sign were removed and a small sign placed on the face of the building. Mr. Wenger also stated that businesses may be conducted in the home if only one outside employee is employed. Mr. Michael Williams, 333 Breezeway, attorney representing Mr. Garza, addressed the Council at this time, pointing out that this property is located on Old Robstown Road, which is a well -traveled street, and he did not feel that the sign detracts from the character of the neighborhood. He stated that the applicant just wants to conduct the real estate business in his home and retain the free-standing, lighted sign. Council Member Diaz inquired about the existing apartments at the rear of the subject property and asked if they are in compliance with the present zoning. City Manager Townsend stated that the apartments are not in compliance with the existing zoning but that they could be considered as a part of this application. Speaking in opposition to this application was Mrs. Pat Sullivan, 3714 Liberty, who stated that she is opposed to the change of zoning, not only because of the free-standing sign, but also'because the apartments' have been rented to" tenants who are not members of the family for about ten years. No one else spoke in opposition to the change of zoning. Further discussion followed in regard to the apartments. City Manager Townsend informed the Council that it would require five votes of the Council to overrule the recommendation of the Planning Commission and that the alternatives to the requested zoning could be "R-2" Multiple Dwelling District, "A-1" Apartment House District, or a Special Permit. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting June 1, 1977 Page 15 Motion by Gulley that the application for change of zoning to "B-1" be denied, but in lieu thereof, zoning be changed to "R-2" Multiple Dwelling District to allow for the continued use of the apartments and the elimination of the free- standing sign; seconded by Diaz, and passed unanimously. City Manager Townsend announced the public hearing on Application #377-10, Mr. Kenneth Gunderland, for a change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on Lots 8, 9 and 10, Share 3-A, Kaler Partition, located on the northeast corner of Kaler and Rackley Drives. Mr. Townsend informed the Council that the Planning Commission recommends denial,but in lieu thereof, a special permit for parking purposes subject to an appropriate site plan be approved, and that the Planning Staff recommends denial because it would constitute spot zoning in a residential neighborhood. He also stated that in reponse to the notices mailed to residents in the area, two in favor and one in opposition had been returned. Chief Planner Larry Wenger pointed out the property on the zoning map and stated that while the applicant owns a marine supply company located outside the city limits, he proposes to construct a parking lot on this property which is inside the city limits. Mrs. Martin Opsahl, 1163 Kaler Drive, spoke in opposition to this applica- tion, stating that she feels this is not a street for a business. Also speaking in opposition to this change of zoning was Mr. Charles Soucek, 1123 Kaler Drive, stating that approval of this change of zoning would result in other requests for change of zoning and that the proposed parking lot would create traffic problems. Motion by Diaz that the hearing be closed; seconded by Lozano, and passed unanimously. Motion by de Ases that the recommendation of the Planning Staff be accepted and the change of zoning be denied; seconded by Sample, and passed by the following vote: de Ases, Diaz, Lozano and Sample voting "Aye"; Luby and Gulley voting "No"; Gill, absent. Minutes Regular Council Meeting June 1, 1977 Page 16 City Manager Townsend announced the public hearing on Application #377-11, C.M.S. & Associates, for a change of zoning from "B-3" Business District to "I-2" Light Industrial District on a 1.89± acre tract of land out of 5.70± acre tract of Block 20, J. C. Russell Farm Blocks, located on the east side of Navigation Boule- vard, approximately 350 feet north of Savage Lane. Mr. Townsend stated that the Planning Commission and the Planning Staff recommend approval. He also indicated that in response to the notices mailed to residents in the affected area, one had been returned in favor of the application. Chief Planner Larry Wenger pointed out the property on the zoning map and presented background information on the surrounding land use. No one spoke in opposition to the application. Motion by Sample that the hearing be closed; seconded by Diaz, and passed unanimously. Motion by Diaz that the recommendation of the Planning Commission and the Planning Staff be accepted and that the change of zoning to "I-2" Light Industrial District be approved; seconded by Sample, and passed, with Luby voting "No". City Manager Townsend presented the ordinances in connection with these zoning cases, and City Secretary Read called for the vote of the Council. The following ordinances were approved: ORDINANCE 13767: 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 PARTICULAR AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JOSEPH W. BAILEY, BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERATION AND MAINTENANCE OF INTERIOR DESIGN SHOP, ANTIQUES, ART GALLERY AND ARTHITECT'S OFFICE ON LOTS 13, 14 AND 15, BLOCK 2, BAYVIEW NO. 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO 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 Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill absent. Minutes Regular Council Meeting June 1, 1977 Page 17 ORDINANCE NO. 13768: 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 GILBERT G. GARZA, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 8, BLOCK 1, SAXET HEIGHTS NO. 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING 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 approved by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill, absent. FIRST READING: 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 C.M.S. & ASSO- CIATES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF BLOCK 20, J. C. RUSSELL FARM BLOCKS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "B-3" BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby voting "No"; and Gill, absent. Mayor Luby called for petitions or discussion from members of the audience. Mr. Lewis Lovelace, 1549 Casa Grande, registered a complaint because of the recent increase in evaluation of his property, stating that because of its location across the street from Casa Linda School and the existence of busing at that school, feels that his property has decreased in value. He explained that the busing had generated additional traffic on the street and questioned whether or not emergency vehicles could reach his home during a fire or other emergency. He also quoted from a letter from Tom Stewart, Director of Traffic and Transit, in which Mr. Stewart stated that traffic is congested in the area during periods of time before and after school. Mr. Lovelace informed the Council that he had appeared before the City and County Tax Evaluation Boards last year, but nothing had been done. Council Member Diaz reminded Mr. Lovelace that Council Member Gulley has proposed some tax relief and the Council is studying the matter at this time. Minutes Regular Council Meeting June 1, 1977 Page 18 Council Member Gulley also informed Mr. Lovelace that the Council cannot instruct the Tax Board of Equalization to do anything and suggested that his only recourse is to go to the courts. City Manager Townsend stated that the staff will investigate the complaint about the traffic problem to guarantee that fire trucks and ambulances can get onto his property at any time. Mr. R. A. O'Connell, 11110 Timbergrove, appeared before the Council to present a Voluntary Paving Petition for street improvements on his street. Mayor Pro Tem de Ases inquired of Mr. Townsend if such petitions should be presented in some manner other than at a City Council Meeting. City Manager Townsend explained the procedure and stated that the petitions are usually presented to the Department of Engineering and Physical Development, but thanked Mr. O'Connell for bringing the petition in and informed him that it will be turned over to the proper department. City Manager Townsend informed the Council that the Staff feels that there is no need to appeal Judge Cox's decision in regard to the right of employees to respond to charges prior to disciplinary action. Mr. Townsend mentioned a problem in regard to the award of bids for vehicles, stating that he would like to have the Council's guidance on two matters. He stated that the bid award for 27 vehicles had been delivered from Wayne -Strand Pontiac Company with variations in specifications, in that the vehicles delivered contained 400 cubic inch engines, whereas the specifications required 325 to 375 cubic inch engines. City Manager Townsend stated that the price is the same and the EPA ratings are the same on the larger engines. Council Member Sample questioned the fuel consumption on the larger motor and expressed his concern about this. City Manager Townsend also mentioned the fact that International Harvester had delivered nine trucks with 10 lug hole wheels rather 6 lug hole wheels which were listed in the specifications. Discussion followed in regard to these variations in specifications, and Mayor Pro Tem de Ases suggested that the City Manager negotiate with the two dealers in an effort to have them make some type of compensation before the City Minutes Regular Council Meeting June 1, 1977 Page 19 either accepts or rejects these vehicles. Other Council Members indicated their concurrence, and City Manager Townsend indicated that this item will be on the agenda next week. There being no further business to come before the Council, on motion by de Ases, seconded by Sample and passed unanimously, the meeting was adjourned at 6:25 p.m. June 1, 1977.