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HomeMy WebLinkAboutMinutes City Council - 08/11/1971• • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 11, 1971 2:00 p. m. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order. The Invocation was given by Commissioner Stork. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bonniwell, seconded by Lozano and passed, that the absence of Commissioner Branch be excused for just cause. Mayor Sizemore announced the issuance of a proclamation designating August 15, 1971 as CENTENNIAL Of SISTERS DAY; and, August 9 - 14, 1971, as FERIA DE LAS FLORES WEEK. The Minutes of the Regular Council Meeting of July 28, 1971, were approved as submitted to the Council. Bids were opened and read for improvement of Go41ihar Road Unit IV, Kostoryz Road to Dody Street, and Intersection improvements at Santa Fe -Booty, Ayers -Baldwin and Everhart -Alameda, and McDonald and Josephine Street improvements, from the following firms: Burtex Constructors; King Construction Company; Asphalt Paving Company; and Heldenfels Brothers. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Chatter and referred to the City Manager for tabulation and recommendation. Mayor Sizemore announced appointments to Boards and Committees, and nominated for reappointment to the Joint Airport Zoning Board Jack Constantine and Charles R. Manning for three-year terms. Motion by Lozano, seconded by Bonniwell and passed, that the foregoing nominations be approved and confirmed. • Minutes Regular Council Meeting August 11, 1971 Page 2 City Manager Townsend presented the pending item of zoning Application #671-5, Mrs. Juanita Tingle, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District, on Lots 3C & 3D, Block 1, Laughlin Addition, located in the 3200 Block of Houston Street, on which a public hearing was held by the City Council August 4, 1971, and on which the Planning Commission recommended approval. He explained that a retabulation by the Planning Staff, based on information and protests filed since the Council hearing, had placed the case under the 20% rule. Motion by Lozano, seconded by Stark and passed, Bosquez abstaining, that Application #671-5, Mrs. Juanita Tingle, for change of zoning from "R -1B" One -family Dwel ling District to "AB" Professional Office District, on Lots 3C & 3D, Block 1, Laughlin Addition, located in the 3200 Block of Houston Street, be denied, but in lieu thereof a Special Council Permit be granted for operation of a day care nursery according to an approved site plan, on the condition that the number of children be limited to 20, that a semi- circular drive be constructed in front of the building, that the property be screened with a screening fence on three sides, and that an ordinance be brought forward effectuating the Special Permit. The presence of Tom Stark, son of Commissioner Stark, and past President of Tuloso- Midway High School, was recognized. He was commended for his interest in governmental affairs as indicated by his numerous visits to the City Council. Mayor Sizemore called for the City Manager's Reports. Motion by Stark, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "p" be accepted, and that the requests and recommendations be granted and approved as follows: a. That authority to receive bids to paint the exterior of the City Tax Office Buildings located at 520 Lawrence Street, be authorized, the City being obligated to maintain the exterior of the building under the lease contract; be granted b. That the authority/to receive bids at 11:00 a.m., August 27, 1971, for the 1971-72 annual supply of approximately 1500 feet of various sizes of 16 -gauge Galvanized Corrugated Metal Pipe for the Street Division for drainage work, funds being available in the 1971-72 Budget; • A ' • Minutes Regular Council Meeting August 11, 1971 Page 3 c. That South Bluff Tennis Court Repairs and Resurfacing be accepted as complete and final payment of $8,695.60 be made to the contractor, Casey & Glass, Incorporated; d. That a three-year non -drilling oil & gas lease of 35 tracts, totalling 48.95 acres of City -owned property, generally bounded by North Alameda, West Broadway, Nueces Bay Boulevard, Leopard, UpRiver Road and Palm Drive, be awarded to Kelly Bell for $3,671 .25 b.mus and the usual City lease provisions, including 3/16ths royalty; e. That an agreement be authorized with the Lower Nueces River Water Supply District to provide for equal water payments of $75,000 per month for water and $25,000 per month in lieu of taxes, being identical to the one approved for 1970-71, and provided for in the 1971-72 Budget; f. That the City Manager be authorized to sign Consent Agreements between the United States Government and the Texas -Mexican Railway Company for the crossing on Holly Road-Lokey Street under the railroad, being for the storm sewer project underway from the Housing Authority Site "A" to the Schanen Drainage Ditch; g. That, in accordance with the provisions of the Platting Ordinance, Nicholson Building Supply, Inc., developer of Briarwood, Unit I, be reimbursed $1,791.75 for the City's portion of the cost to construct a bridge across Williams Drive Ditch at Thames Drive; h. That the firm of Bath and Associates be engaged toprovide the necessary con- sulting engineering services for the installation of emergency power facilities at the Corpus Christi International Airport - the City having obtained two generators from surplus Federal property for this purpose, and the cost for these services will not exceed $8,000.00; i. That the City Manager be authorized to sign an agreement with the Community Committee on Youth Education and Job Opportunities for use and occupancy of the Meadow Park Annex Building located at 442 Mohawk as a day care center for a period of three years; j. That the City Manager be authorized to submit an application to the U. 5. Govern- ment Office of Economic Opportunity to request funds ($42,045); for an Out Reach Program in Family Planning, which program will be administered by Corpus Christi-Nueces County Health Department and provide family planning service to 10,000 participants in Robstown and Nueces County and will supplement the present program being administered by the Health Department and will be supported entirely with federal funds; • Minutes Regular Council Meeting August 11, 1971 Page 4 k. That the City Council adopt a new resolution for the pending Code Enforcement application; (The application was returned by the Department of Housing and Urban Develop- ment on July 20, 1971, with the recommendation that the City delete areas which HUD states do not qualify for Code Enforcement. The areas recommended for deletion are Cheyenne Street from Tarlton to Baldwin and those areas north of Baldwin toward Agnes. This reduces the number of residential buildings included in the area from 1461 to 970. The Federal Grant request has been reduced from $4,892,180 to $3,760,042 - the City's share from $1,343,591 to $1,028,072. The local share will be financed exclusively from bond funds already voted for in voluntary participation street improvements as is presently being done in the Hillcrest and Molina projects) I. That the City Manager be authorized to extend the contract with the Community Development Corporation for a period of three months from August 1, 1971, utilizing funds previously appropriated; m. That the Molina Area Neighborhood Improvement Project be accepted as complete and that final payment be made to the contractor, Heldenfels Brothers - total cost of work completed being $1,097,983.25, reflecting a cost underrun of $12,364.95 from the original award of $1,110,348.14; improvements in the program included 5.73 miles of streets with curb and gutter, 9.30 miles of sidewalk, and 3.49 miles of storm sewer providing an under- ground drainage system for the new streets; n. That a contract be approved with Nueces County Fresh Water Supply District (Clarkwood District) for a five-year operating agreement in which the City operates the Water District, receives all revenues,,and operates the Clarkwood water system as part of the City System in all other matters; (The District will turn over most of its cash assets to the City for water system improvements in the District - if the District is abandoned at a future date, it will turn over all assets to the City) o. That $30,000.00 be appropriated from the No. 250 Sanitary Sewer Bond Fund to reimburse the No. 109 Sewer Fund for the cost of labor and materials required for the con- struction of laterals and taps along Countiss Drive by the City Forces, said appropriation applicable to Project No. 250-70-80.5, Highway Village South Laterals; • • Minutes Regular Council Meeting August 11, 1971 Page 5 p. That o 160 -acre tract of land be acquired from the Lamar Folda Estate for $180,480,subject to financing, for a sanitary land fill site, the tract being located between Greenwood Drive and Ayers on Chapman Ranch Road and between Saratoga Boulevard and Oso Creek; ORDINANCE NO. 10405 REDECLARING, UNDER ART. 5890e, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR IMPLEMENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 79 AND PUBLIC LAW 875, U. S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969, AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELIA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO CONTINUE THE SAME; PROVIDING SEVERABILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, .Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10406 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE LOWER NUECES RIVER WATER SUPPLY DISTRICT, A COPY OF WHICH AGREE- MENT I5 ANNEXED HERETO, MARKED EXHIBIT "A" AND INCORPORATED HEREIN BY THIS REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10407 AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXTENSION OF THE AGREEMENT BETWEEN THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI FOR THE PRUPOSE OF COORDINATION OF CITYWIDE EFFORTS TO FURNISH ADEQUATE AND PERMANENT HOUSING FOR LOW- AND MODERATE -INCOME FAMILIES, ALL AS MORE FULLY SET FORTH IN THE EXTENSION AGREEMENT, A 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: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. Minutes Regular Council Meeting August 11, 1971 Page 6 RESOLUTION NO. 10408 • RESOLUTION THAT APPLICATION BE FILED WITH THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ON BEHALF OF THE CITY FOR A CODE ENFORCEMENT GRANT UNDER SECTION 117 OF THE HOUSING ACT OF 1949, AS AMENDED, OF TWO-THIRDS OF COST OF UNDERTAKING AND CARRYING OUT A CODE ENFORCEMENT PROGRAM, WHICH COST IS NOW ESTIMATED TO BE $3,084,214, IN AN AREA OR AREAS TO BE DESIGNATED; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10409 AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF AMERICA IN CONNECTION WITH THE CONSTRUCTION OF A STORM SEWER CROSSING UNDER THE TEX-MEX RAILROAD ALONG HOLLY ROAD AT STATION 546+80; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10410 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $1,791.75 FOR REIMBURSEMENT TO THE DEVELOPER, NICHOLSON BUILDING SUPPLY COMPANY, INC., FOR THE CITY'S PORTION OF COST FOR BRIDGE CONSTRUCTION IN BRIARWOOD SUBDIVISION, UNIT 1, PROJECT NO. 220-70-125; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10411 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BATH AND ASSOCIATES FOR CONSULTING ENGINEERING SERVICES FOR INSTALLATION OF EMERGENCY POWER FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 245 AIRPORT BOND FUND THE SUM OF $8000 FOR TI -E AFORESAID SERVICES, APPLICABLE TO PROJECT NO. 245-68-13; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. Minutes Regular Council Meeting August 11, 1971 Page 7 ORDINANCE NO. 10412 • 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 TINE TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF FRED A. WEBSTER BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A TRACT OF LAND FRONTING 130 FEET ON THE EAST SIDE OF WALDRON ROAD FOR A DEPTH OF 250 FEET ALONG CARIBBEAN DRIVE, OUT OF THE SOUTH 1/4 OF LOT 14, SECTION 53, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, MORE FULLY DESCRIBED HEREINAFTER, LOCATED ON THE NORTHEAST CORNER OF WALDRON ROAD AND CARIBBEAN DRIVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD 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: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10413 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 JOHN THOMASON BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON AN APPROXIMATE 9.6 -ACRE TRACT OF LAND OUT OF LOT 33, H. B. SHEPPARD FARM LOTS, MOREFULLYDESCRIBED HEREINAFTER, LOCATED ON THE SOUTHEAST CORNER OF IH 37 AND SUNTIDE ROAD SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "F -R" FARM -RURAL DISTRICT TO "1-2" LIGHT INDUSTRIAL DISTRICT; KEEPING IN EFFECT ALL OTHER PRO- VISIONS 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: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE NO. 10414 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 TINE AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF H. C. GILLESPIE, III, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT B, REPLAT OF LOT 26, SECTION 2, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT 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. • • Minutes Regular Council Meeting August 11, 1971 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. ORDINANCE N0,10415 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH NUECES COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 FOR THE MAINTENANCE AND OPERATION OF THE EXISTING FACILITIES OF SAID WATER SUPPLY DISTRICT, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE CONTRACT, A 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: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE COMMUNITY COMMITTEE ON YOUTH EDUCATION AND JOB OPPORTUNITIES (NUECES COUNTY COMMUNITY ACTION AGENCY) FOR THE USE AND OCCUPANCY OF THE MEADOW PARK ANNEX BUILDING, LOCATED AT 442 MOHAWK STREET, FOR A PERIQ, OF THREE (3) YEARS, BEGINNING SEPTEMBER 1, 1971, AND TERMINATING AUGUST 31, 1974, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to the second reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. RESOLUTION NO. 10416 AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO THE TEXAS HIGHWAY DEPARTMENT FOR FEDERAL ASSISTANCE FOR THE CONSTRUCTION AND IMPROVEMENT OF (HOSE PUBLIC STREETS WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI AS DELINEATED ON THE ANNEXED MAP, EXHIBIT "A", PURSUANT TO THE FEDERAL -AID HIGHWAY ACT OF 1970 FOR URBAN SYSTEMS; AND FURTHER AUTHORIZING THE CORPUS CHRISTI TRANSPORTATION STUDY COMMITTEE TO HANDLE THE NECESSARY SUBMISSIONS TO THE HIGHWAY COMMISSION AND PREPARE PLANS FOR CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark, present and voting "Aye"; Branch was absent. • Minutes Regular Council Meeting August 11, 1971 Page 9 Motion by Bonniwell, seconded by Gonzales and passed, that the proposed ordinance relative to increasing membership from nine to ten menbers of the Human Relations Commission and authority of the chairman to appoint committees, be deferred for further study. Mayor Sizemore called for petitions or information from the audience not scheduled on the agenda. Mrs. Billie Chandler, 125 Chandler Lane, appeared and complained that her apartments, located between Santa Fe and Chandler Lane, automobiles, furniture, and personal property of her tendnts, had been severely damaged by the recent heavy rains, and alleged that the poor drainage had been the result of an obstruction of what had been a natural drainage when her home and the apartment complex had been constructed. She requested immediate relief. Mayor Sizemore explained that he and the Staff were aware of the drainage problem of which Mrs. Chandler complained, that the situation is being investigated but preferred not to respond to the whole problem at this time since a full report hod not been received. Mr. W. H. Stahl, 4901 Kostoryz, appeared and read a series of complaints relative to Special Permits granted by previous Councils, particularly with reference to a permit granted to W. J. Kosarek in 1969, and inquired as to why his permit had expired and Mr. Kosarek's did not. Mayor Sizemore attempted to answer Mr. Stahl's question but was interrupted by Mr. Stahl by use of profane language after which Mayor Sizemore asked that he be!escorted from the Chanber. Mayor Sizemore apologized to the audience for the incident. There being no further business to come before the Council, the meeting was adjourned.