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HomeMy WebLinkAboutMinutes City Council - 11/13/1968MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November 13, 1968 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Ronnie Sizemore Commissioners: Dick. Bradley, Jr. Dr. P. Jimenez, Jr. Gabe Lozano, Sr. Ken McDaniel W. J. Roberts City Manager R. Marvin Townsend Assistant City Attorney Bob Young Assistant City Secretary Bill G. Read Mayor Jack R. Blackmon called the meeting to order. The Invocation was given by The Reverend Bruce Medford, Pastor of South Bluff Methodist Church. Motion by Jimenez, seconded by Bradley and passed, that Assistant City Secretary, Bill G. Read, be designated Acting City Secretary in the absence of City. Secretary T. Ray Kring. Acting City Secretary Bill G. Read called the roll of those in attendance. Mayor Blackmon recognized members of the Student Council of Richard King Senior High School and read and presented Certificates of Attendance to the following: Ronnie Richter, Mike Conwell, James Cox, Peggy Fischer, Barbie Hewlett and Monte Sue Vaughan. The students were accompanied by their sponsor, Mr. James Schunke. Mayor Blackmon read and presented a proclamation designating the week of Novem- ber 17 through 23, as NATIONAL FAMILY HEALTH WEEK, asa means of focusing national attention upon the accomplishments of the American health care system and the central role played by the family physician. The proclamation was received by Dr. Thelma Frank of Corpus Christi, and Dr. John Tunnel of Taft, Texas. Mayor Blackmon recognized Mr. and Mrs. Frank Wall who had made previous request to appear on the Council Agenda. Mr. Wall, 209 Osage Street, and Mr. Richard Alegra representing a delegation of fishermen, appeared and spoke in protest of an action taken by Justice of the Peace of San Patricio County, J. B. Outlaw, in the closing of Nueces Bay to use by commercial fishermen. Mr. Wall alleged that Judge Outlaw had paid for markers, had them installed with the City Minutes Regular Council Meeting November 13, 1968 Page 2 Engineering Department providing the boundary lines, and under the supervision of the State Game Officials. He stated that dozens of fishermen have been out of work since the closing of the Bay, and that many of them face the possibility of losing all they possess. He pointed out that Mr. Outlaw is a shrimp boat operator. He filed with the City Secretary copies of communications with the Texas Parks and Wildlife Department and Governor John Connally in support of his attempt to have the markers removed. (Council Exhibit 017-68) Judge J. B. Outlaw stated that he had been working for the past fourteen years to get the City to mark the boundaries to close Nueces Bay to commercial fishermen; stated that he had paid for the markers, had them installed under the supervision of the State Game and Wildlife Department, and that the boundary lines had been provided by City Engineers. He further stated that tourist and sport fishing had been considerably improved since the netting was stopped. Commissioner Jimenez, stated he was in sympathy with the fishermen who are being deprived of their livelihood; that he feels the City Staff should have consulted with authorities in the matter, and that the City has not complied with the State Law.. Mayor Blackmon explained that the matter of marking boundaries is governed by State Laws, but that the City has the burden and the duty to place the markers; that he does not feel it will help the fishermen if the City ordered the markers removed and installed new ones, and that he is not aware of a provision that a public hearing be held. He advised the complainants that a report and written legal opinion will be requested of City Attorney Singer, and that Mr. Wall will be notified of the Council's decision. Mayor Blackmon announced the opening of bids on the construction of the Boys' Club Neighborhood Center of Corpus Christi. City Manager Townsend reported that only three sub -contractor bids had been received, all of them electrical firms, and none from general contractors, which are not sufficient for the award of the bid, and stated he did not feel that the City had any alternative but to return the bids unopened, and to readvertise according to the usual practice. He stated that the contractors had been consulted and had stated they did not bid because they could not meet competition. • • Minutes Regular Council Meeting November 13, 1968 Page 3 Mr. Sheridan C. Lewis, President of Boys' Club, stated that it appeared to him that the general contractors, by agreement, had failed to bid on the project, and that some sub -contractors had been advised not to bid. He stated he would meet with the Boys' Club Board of Directors and report to the Council by next week as to how to proceed. Motion by Jimenez, seconded by Roberts and passed, that the recommendation of the City Manager be concurred in and that the three bids received from Scott Electric Company, Clements Electrical Company, and Mathieu Electric Company, be returned unopened, and that the authority to readvertise for bids to be received December 4, 1968, be granted with the stipulation that the actual advertising not proceed without concurrence from Mr. Lewis and the Board of Directors of Boys' Club. Mayor Blackmon announced the public hearing on the closing of the 20 -foot dedicated but unimproved alleyway lying between Blocks 2 and 3, Andrews Subdivision, extending in a Southwest direction from Andrews Drive to the Crosstown Expressway. City Manager Townsend presented the request and stated it had come from abutting property owners, Mr. T. A. Howell, Patsy Ann Brooks, Norma L. Stockseth, Joe E. McManus, Bill Kellogg, Philip Castaneda; and Yves Valdez, Jr. He explained that affected City Departments had been consulted and no objection had been filed, but recommended that an easement be retained for the existing utilities in the alley. He stated he would recommend that the roadway be closed. Mr. T. A. Howell, applicant, appeared and stated there have been numerous break-ins of businesses abutting the alley; that fires have been set by children; and that the request is so that it can be properly maintained. Mr. Howell stated he could not speak for the other property owners with respect to further expense regarding the relocation of utilities. Motion by Roberts, seconded by Sizemore and passed, that the hearing be closed. Motion by Bradley, seconded by Lozano and passed, that the 20 -foot dedicated but unimproved alleyway lying between Blocks 2 and 3, Andrews Subdivision, extending in a Southwest direction from Andrews Drive to the Crosstown Expressway (known as Lawton Alley) • • Minutes Regular Council. Meeting November 13, 1968 Page 4 be closed with the provision that easements be retained for the existing utility lines; that the expense ofany relocation or removal of utility lines, or restoration of any curb and gutter cuts, if any, be borne by the applicants, and that an ordinance be brought forward effectuating the closing. Mayor Blackmon called for the City Manager's Reports. Motion by Sizemore, seconded by Jimenez and passed, that the City Manager's Reports be accepted, and that the recommendations and requests be approved and granted as follows: a. That the bid award on Radio Equipment be made to the following firms on the basis of low bid meeting specifications, for a grandtotal of $11,467.80. (Bid Tabulation X52-68) GENERAL ELECTRIC COMPANY - Austin, Texas Item 1. Item 3. Item 4. 2 Minimum 60 watt, 12 volt, Two Channel Capacity Mobile Transmitters & Receivers @ $655.40 Unit Price 1 Minimum 60 watt, 12 volt, Two Channel Capacity Mobile Transmitter & Receiver @ $649.70 Unit Price 5 Minimum 60 watt, 12 volt, Two Channel Capacity Mobile Transmitters & Receivers @ $649,70 Unit Price $1,310.80 649.70 3,248.50 $5,209.00 MOTOROLA COMMUNICATIONS & ELECTRONICS - Corpus Christi, Texas Item 2. 2 Minimum 60 watt, 12 volt,Two Channel Capacity Mobile Transmitters & Receivers @ $852.00 Unit Price $1,704.00 Item 5. 5 Minimum 30 watt, 12 volt, Two Channel Capacity Mobile Transmitters & Receivers @ $554.00 Unit Price 2,770.00 Item 6. 2 Minimum 30 watt, 12volt, Two Channel Capacity Mobile Transmitters & Receivers @ $554.00 Unit Price 1,108.00 Item 7. 1 Minimum 1 watt, Two Channel Capacity Portable Transmitter and Receiver @ $670.00 Unit Price Plus $6.80 (Cost of leather carrying case) 676.80 $6,258.80 Minutes Regular Council Meeting November 13, 1968 Page 5 b. That the authority to advertise for bids for two fire pumpers which are budgeted replacements for pumpers that are 24 or 25 years old, to be received December 10, 1968, be granted; c. That Urban Engineering be authorized to provide staking and inspection services for the Laguna Business Center Lift Station and lines at an estimated cost of $4,485; d. That the City enter into an agreement with the Texas Highway Department for a traffic signal at Gollihar Road and the Crosstown Expressway at the State's expense, to be operated and maintained by the City; e. That acceptance and final payment of Estimate No. 5, in the amount of $8,407.25, representing the balance due the King Construction Company for completion of the Cole Park, Moody -Greenwood Park Improvements, be approved, and that an appro- priation in the amount of $8,407.25, be authorized; f. That an appropriation in the amount of $50.00 for acquisition of Parcel No. 2, Hilltop Main, Lines 31-A and 31-B, applicable to Project No. 250-64-36.9; from owners, E. N. Fulghum and A. G. Rhodes, be authorized; g. That the plans and specifications for the construction of Ocean Drive Improve- ments, Unit 4, be approved, and authority to advertise for bids to be received December 11, be granted; h. That a lease agreement with Frank Braslau and Irving Braslau for a building at 530 South Water Street for a term of five years for a rate of $250.00 per month, for use as office space by the City, be authorized. City Manager Townsend presented the pending item of zoning application #968-9, C. V. Guzman, for change of zoning on property located in Block 815, Port Aransas Cliffs, on which a public hearing was held October 21, 1968. Motion by Jimenez, seconded by Roberts and passed, that Application #968-9, C. V. Guzman, for change of zoning from "R -1B" One -family Dwelling District and "R-2" Two-family Dwelling District to "AB" Professional Office District, on Lots 1, 2, 3, 4, 61, 62, 63, and 64, Block 815, Port Aransas Cliffs, be denied, but in lieu thereof, a Special for construction of office buildings Council Permit be granted/on Lots 61, 62, 63, and 64, facing on Alameda, subject to an • Minutes Regular Council Meeting November 13, 1968 Page 6 approved site plan, and that an ordinance be brought forward with conditions that the applicant not attempt to obtain a variance on any of the lots in the application, and that the request for change of zoning on Lots 1 through 4, facing on Topeka Street, be denied. City Manager Townsend presented the pending item of Application 0868-12, Seabrook Development and the City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District and "B-1 Neighborhood Business District, on a 11.5 -acre portion of Tract 15-D, Paisley Subdivision, on which a public hearing was held August 28, 1968. Motion by Lozano, seconded by Bradley, with McDaniel, Sizemore, and Jimenez voting "Nay", that the request of Seabrook Development Company and the City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District and "B-1" Neighborhood Business District, on a 11 .5 -acre portion of Tract 15-D, Paisley Subdivision, be denied, but in lieu thereof a Special Council Permit be granted with the stipulation that the renter pay the full amount of the rent; subject to the site plan previously submitted, and that an ordinance be brought forward effectuating the Special Permit. Mayor Blackmon voted "Aye" on the foregoing motion, but declared it had failed to pass for lack of sufficient affirmative votes, as the 20 percent rule was in effect. Motion by Roberts, seconded by Sizemore, with Roberts, Sizemore and Bradley voting "Aye", and McDaniel,Lozano and Jimenez, voting "Nay", that the foregoing application be approved as requested. Mayor Blackmon voted "Aye" on the foregoing motion but declared the motion had failed to pass for lack of sufficient affirmative votes. Motion by McDaniel, seconded by Jimenez and passed, with Bradley, Jimenez, McDaniel and Sizemore voting "Aye", and Roberts and Lozano voting "Nay", that the foregoing application be denied. Minutes Regular Council Meeting November 13, 1968 Page 7 • City Manager Townsend presented the pending item of Application #568-4, Mr. Frank Peerman, for change of zoning on a 36 -acre tract known as future Unit 3, Pharaoh Valley North, on which a public hearing was held July 8, 1968. Motion by Roberts, seconded by Bradley and passed, with Jimenez voting "Nay", that the recommendation of the Planning Commission be concurred in and that Applica- tion 1568-4, pplica-tion#568-4, Frank Peerman, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lots 12, 13, 14, and 15, Section 17, Flour Bluff and Encinal Farm and Garden Tracts, known as future Unit 3, Pharaoh Valley North, be denied, but in lieu thereof a Special Permit be granted for construction of multiple -family structures with a density no greater than that allowed in the "R -1B" One - family Dwelling District, subject to an approved plat, providing fora density of one unit per each 6,000' of area, and that an ordinance be brought forward effectuating the Special Permit. ORDINANCE NO. 9116 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE UPTOWN KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, LEASING UNTO THE SAID UPTOWN KIWANIS CLUB OF CORPUS CHRISTI, TEXAS, A ROOM AND ADJACENT GARAGE IN THE RECREATIONAL BUILDING OF KIWANIS FIELD, CORPUS CHRISTI BEACH, CORPUS CHRISTI, TEXAS, SAID LEASE BEING FOR THE TERM OF FIVE (5) YEARS, BEGINNING JULY 10, 1968, AND ENDING JULY 9,;1973, FOR AND IN CONSIDERATION OF THE TERMS AND CONDITIONS SET FORTH IN THE LEASE AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9117 ABANDONING THE 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 1 THROUGH 3, AND LOTS 23 THROUGH 25, IN BLOCK 5, FLOUR BLUFF HEIGHTS, AS SHOWN BY MAP OF SAID FLOUR BLUFF HEIGHTS, DATED FEBRUARY 16, 1952, UPON DELIVERY TO THE CITY OF A 10 -FOOT UTILITY EASEMENT, EXTENDING FROM VALERIE STREET TO JESTER STREET, AND BEING LOCATED ALONG THE EAST SIDE OF LOTS 3 AND 23, BLOCK 5, OF SAID FLOUR BLUFF HEIGHTS, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WHICH NEW EASEMENT IS HEREBYACCEPTED BY THE CITY; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting November 13, 1968 Page 8 • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO. 9118 PROVIDING FOR THE APPROVAL OF THE AGREEMENT DATED NOVEMBER 5, 1968, BETWEEN THE STATE OF TEXAS AND THE CITY OF CORPUS CHRISTI, FOR THE INSTALLA- TION, CONSTRUCTION, EXISTENCE, USE, OPERATION, AND MAINTENANCE OF HIGHWAY TRAFFIC SIGNALS AT THE LOCATIONS SHOWN ON EXHIBIT 1, ATTACHED HERETO AND MADE A PART HEREOF, IN THE CITY OF CORPUS CHRISTI; PROVIDING FOR THE EXECUTION OF SAID AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". ORDINANCE NO, 9119 AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH FRANK BRASLAU AND IRVING BRASLAU FOR THE LEASING OF A BUILDING AT 530 SOUTH WATER STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, FOR A TERM OF FIVE YEARS, AT A RATE OF $250.00 PER MONTH, FOR USE AS OFFICE SPACE BY THE CITY OF CORPUS CHRISTI, A COPY OF WHICH LEASE AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye"; Blackmon passed. ORDINANCE NO. 9120 RECEIVING AND ACCEPTING CONSTRUCTION OF THE COLE PARK, MOODY - GREENWOOD PARK IMPROVEMENTS, PROJECT NO. 291-67-6 AND ACTIVITY 4122, RESPECTIVELY, AS CONSTRUCTED BY THE CONTRACTOR, KING CONSTRUCTION COMPANY, UNDER CONTRACT DATED APRIL 24, 1968, AUTHORIZED BY ORDINANCE NO. 8850; AUTHORIZING PAYMENT OF FINAL ESTINATE NO. 5 DATED OCTOBER 31, 1968, IN THE AMOUNT OF $8,407.26, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, SAID PAYMENT TO BE MADE FROM FUNDS PREVIOUSLY APPRO- PRIATED FOR CONSTRUCTION AND CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Minutes Regular Council Meeting November 13, 1968 Page 9 ORDINANCE NO. 9121 • APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $50.00 FOR THE ACQUISITION OF PARCEL NO. 2, HILLTOP MAIN, LINES 31-A AND 31-B, APPLICABLE TO PROJECT NO. 250-64-36.9; AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI TO ACQUIRE THE AFORESAID PARCEL FROM THE OWNERS, E. N. FULGHUM AND A. G. RHODES, BY PROPER CONVEYANCE AND BY THE EXECUTION OF SUCH OTHER INSTRUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Sizemore, Bradley, Jimenez, Lozano, McDaniel and Roberts, present and voting "Aye". Mayor Blackmon announced the Council would recess for the scheduled workshop meeting with ambulance operators. The Council meeting was reconvened and adjourned at 4:30 p.m.