Loading...
HomeMy WebLinkAboutMinutes City Council - 09/22/1971MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 22,1971 2:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Charles A. Bonniwell4 Commissioners: Roberto Bosquez, M.D. Thop,as V. Gonzales Gabe Lozano, Sr. • 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 The Reverend J. R. Rivera of El Mesias Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bonniwell, seconded by Gonzales and passed, that the absence of Commissioners Stark and Branch be excused for cause. The Minutes of the Regular Council Meeting of September 8, 2:00 p.m., and the Special Meeting of September 8, 3:30 p.m., were approved as submitted to the Council. Mayor Sizemore announced the issuance of proclamations designating September 26, 1971, as AMERICAN GOLD STAR MOTHERS DAY; Septemb*r 25, 1971, as ALFRED N. NICOLAS DAY; September 24, 1971, as MAURICE PERESS DAY; dnd5eptember 15 to October 15, 1971, as JOIN YOUR PTA MONTH. Mr. John W. Cunningham, who has retired from City employment after 54 years of continuous service in the Water Division, having held namerous positions including that of Superintendent and Water Works Coordinator, was honored by the City Council and past mayors and councilmen. He was presented with an Outstanding Service Award, and a reso- lution was read and presented listing the many achievements in the Water System credited to Mr. Cunningham. Present for this occasion and speaking words of praise for Mr. Cunningham were former Mayors: Edwin Flato, P. C. Calloway, Farrell Dee Smith, land) Mayor Emeritus Jack R. Blackmon; former commissioners: W. J. Roberts, Dick Bradley, Jr., Ed P. Williams, Eduardo de Ases, George Clark, Mrs. Elizabeth Airheart, Admiral Joe Dunn, and Odell Ingle; also Mr. Frank McCaughn and Mr. C. S. Reagan, of Regan & McCaughn Engineering Firm, and City Staff Members, I. M. Singer, T. Ray Kring, R. Marvin Townsend, and now Water Superin- tendent, Atlee Cunningham. Letters and telegrams of praise and commendations were received • Minutes Regular Council Meeting September 22, 1971 Page 2 from the following former mayors and commissioners who were unable to attend the ceremony: Mayor Emeritus McIver Furman, Dr. James L. Barnard, Sydney Herndon and John Mobley, and Fire Chief John Carlisle. Mayor Sizemore announced the public hearing for the closing of portions of West Shoreline (Rincon Street) and Dan Reid Street located within the Bayfront Science Park. City Manager Townsend described the area in questions and stated that the two streets need to be closed in the Science Park area in order to complete the exchange of deeds between the City and the Corps of Engineers. He stated the usual procedure had been followed as to publication of notice of hearing, and comments from affected City Departments, and that it was his recommendation that the streets be closed subject to retention of utility easements until relocated or vacated, and provision that the City provide an alternate access to the Corps of Engineers property. No one appeared in opposition to the proposed closing of the foregoing named streets. Motion by Bonniwell, seconded by Lozano and passed, that the hearing be closed. Motion by Bonniwell, seconded by Lozano and passed, that therecommendation of the City Manager be concurred in and that West Shoreline Boulevard (Rincon Street) between the north right-of-way line of Carroll Street and the easterly extension of north boundary line of Lot 2, Block 105, Beach Portion, and Dan Reid Street, between West Shoreline Boulevard (Rincon Street) and the northerly extension of the east boundary line of Lot 7, Block 93, Beach Portion, be closed subject to retention of utility easements until relocated or vacated, and provision that the City provide an alternate access to the Corps of Engineers property, and that an ordinance be brought forward effectuating the closing. Mayor Sizemore called for the City Manager's Reports. Motion by Bonniwell, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "g" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the date of October 13, 1971, 4:p0 p.m., be set for a public hearing on the following zoning applications: • • Minutes Regular Council Meeting September 22, 1971 Page 3 (1) Noe Mendez - from "R -1B" to "B-1", on the northwest corner of Bloomington and Columbia Street . (2) W. F. Seely - from "R -1B" to "B-4", between Florida and South Staples Street fronting 624 feet in the 1100 Block of Florida Avenue. (3) R. S. Castillo - from "R -1B" to "A-1", on the northeast corner of Navajo Street and Virginia Avenue. (4) Text Amendment to Zoning Ordinance - Art. 33, Sec. 33-2. b. That the Parking Lot Improvements for the Swimming Pool and the Police Station be accepted and the final estimate of $12,083.62 be approved for payment to Surf -Tex Construction Company; (The total contract award was $24,656.15. Change orders for improvements at Alameda and the Transit Yard to keep storm water out of the Washington Elementary School grounds and to complete curb, gutter and sidewalk along Coke Street around the block which includes the pool, have increased the contract by $1,428.45 for total work done of $26,084.60) c. That the Fiesta Mexicana de Corpus Christi, scheduled for September 18th and 19th, be rescheduled for September 25th and 26th, and the permit previously authorized be so amended; d. That the contract with Federal Aviation Administration to relocate approach lights be increased from $8,100 to $16,600 because the elevation transition will require the elevation of more lights than originally contemplated, FAA reimbursing one-half of the cost upon completion; e. That the City allow Trunk Line Gas Company to leave a 6-5/8ths" gas line in place across property owned by the City near Wesley Seale Dam, and that a pipeline abandonment release be authorized, with Trunkline paying $90.40 as consideration for the abandonment; f. That the preliminary engineering report for the Marina Improvements, prepared by McCord and Lorenz, be accepted and authority be granted to proceed with the preparation of plans and specifications for Phase I construction as recommended by Marina Board, Engineering Services and the Parks and Recreation Department; (Phase I includes finger piers on Lawrence Street T -Head, concessions and rest rooms, renovation replacement and safety ladders and water distribution lines) g. That the City's support of the Child and Youth Mental Health Services provided by the Nueces County Mental Health and Mental Retardation Community Center, be continued on the same basis as previously for a four months transition period, to afford the Staff more time • Minutes Regular Council Meeting September 22, 1971 Page 4 for a better comprehension of how the City relates to this program, and at the end of the four months period, a recommendation will be presented as to the course to be followed in this Program. In answer to an inquiry from Mayor Pro Tem Bonniwell, City Manager Townsend Assistant stated that he would submit a recommendation later that a second/City Manager be employed instead of replacing the Director of Public Safety, and that his qualifications would be at least five years experience and a Bachelor of Arts Degree. He also reported that a statement would be submitted at the close of the meeting relative to the various possibilities for appoint- ment of the Director of Personnel as Civil Service Director, and Chief Examiner for the Civil Service Board. Relative to the ordinance appearing on the agenda for third and final reading regulating commercial and industrial waste disposal, Commissioner Lozano stated that it was his under- standing that this ordinance would be deferred until reports and sample ordinances were received from other cities having similar ordinances, and that he feels the ordinance should be deferred until these reports and ordinances are received and studied. City Manager Townsend stated that telephone inquiries had been made to other cities as to whether or not their ordinances contained laundries and hospitals, and that approximately one-half of the cities which have such ordinances have been contacted. Motion by Lozano, seconded by Gonzales and passed, that the third reading of the industrial waste ordinance be defarred for one week. ORDINANCE NO. 10476 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, 8onniwell4 Bosquez, Gonzales, and Lozano, present and voting "Aye"; Branch and Stark were absent. Minutes Regular Council Meeting September 22, 1971 Page 5 r • ORDINANCE NO. 10477 THIRD READING OF AN ORDINANCE ADOPTING A POLICY ESTABLISHING A STREET USE FEE BASIC RATE TO BE CHARGED PARTIES DESIRING TO UTILIZE THE PUBLIC RIGHTS-OF-WAY AND/OR EASEMENTS OF THE CITY OF CORPUS CHRISTI FOR PUR- POSES OF CONSTRUCTING, LAYING, MAINTAINING AND OPERATING PIPELINES FOR TRANSPORTING ANY SUBSTANCE, SOLIDS, LIQUIDS, OR GASES; DEFINING ROAD OR STREET CROSSINGS; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH REVOCABLE EASEMENTS UPON THE RECOMMENDATION OF THE DIRECTOR OF ENGI- NEERING SERVICES; ESTABLISHING THE FEES TO BE CHARGED FOR SAME; PRESCRIBING PERMI1/ APPLICATION PROCEDURE; PROVIDING APPEAL; PROVIDING SEVERABILITY. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN OIL AND GAS LEASE ON 164.149 ACRES OF LAND IN SIX (6) TRACTS OF LAND, LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, WITH EARL T. SMITH & ASSOCIATES, INC., FOR A ONE-YEAR TERM BEGINNING SEPTEMBER 15, 1971, FOR A CASH BONUS TO BE PAID IN ADVANCE, IN ADDITION TO ALL OTHER CONSIDERATION SET OUT IN THE LEASE FORM, ALL AS MORE FULLY SET OUT IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. RESOLUTION NO.. 10479 IN RECOGNITION AND APPRECIATION OF THE SERVICES OF JOHN W. CUNNINGHAM TO THE CITY OF CORPUS CHRISTI ON THE OCCASION OF HIS RETIREMENT; AND DECLARING AN .EMERGENCY. The Charter Rule was suspended and the foregoing resolutionwas passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent,.. ORDINANCE NO. 10480 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 DOLLAR LAND CORPORATION LIMITED BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PARCEL "A", BEING BLOCK "B" PARKDALE SHOPPING CENTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-3" SHOPPING CENTER 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 September 22, 1971 Page 6 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonnrwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10481 READOPTING ORDINANCE NO. 10455, PASSED AND APPROVED ON SEPTEMBER 15, 1971, FOR THE FIESTA MEXICANA DE CORPUS CHRISTI, TO BE HELD ON SEPTEMBER 26, 1971, WITH THE FOLLOWING ADDITIONS: THE REQUIRED CERTIFICATE OF INSURANCE MUST BEjSUBMITTED BY 5:00 P.M. SEPTEMBER 23, 1971, AND THE CITY WILL PROVIDE ADEQUATE POLICE PROTECTION DURING SAID FIESTA; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/PERMIT; READOPTING SAID ORDINANCE NO. 10455 AND PROVIDING THIS ORDINANCE I5 CUMULATIVE OF THAT ORDINANCE EXCEPT AS HEREIN PROVIDED; PROVIDING FOR AN EFFECTIVE DATE AND PUBLICATION; PRO- VIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were ab+nt. ORDINANCE NO. 10482 AUTHORIZING THE CITY MANAGER TO EXECUTE A PIPELINE ABANDONMENT RELEASE WITH THE TRUNK LINE GAS COMPANY CONCERNING PIPELINE ACROSS CITY -OWNED LANDS NEAR WESLEY SEALE DAM, AS RECORDED IN VOLUME 172, PAGE 572, DEED RECORDS OF SAN PATRICIOCOUNTY, TEXAS, AS MORE FULLY SET FORTH IN THE PIPELINE ABANDONMENT RELEASE, A COPY OF WHICH," MARKED: EXHIBIT "A", 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, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. ORDINANCE NO. 10483 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO,A REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINI- STRATION, AND THE CITY OF CORPUS CHRISTI, PREVIOUSLY AUTHORIZED BY ORDI- NANCE NO. 9662, PASSED AND APPROVED ON MARCH 4, 1970, WHICH AGREEMENT PROVIDED FOR THE RELOCATION OF APPROACH LIGHTS Aif;THE CORPUS CHRISTI INTER- NATIONAL AIRPORT, SAID AMENDMENT TO PROVIDE FOR AN INCREASE FROM $8,100 TO $16,600, BECAUSE ELEVATION TRANSITION WILL REQUIRE THE ELEVATION OF MORE LIGHTS THAN ORIGINALLY CONTEMPLATED, ONE-HALF OF WHICH SUM IS TO BE REIMBURSED BY FAA ON COMPLETION OF RELOCATION; A COPY OF SAID AMEND- MENT BEING ATTACHED HERETO, MARKED EXHIBIT "'A", AND MADE APART HEREOF FOR ALL PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. • • Minutes Regular Council Meeting September 22, 1971 Page 7 City Manager Townsend presented the pending item of Application '1571-8, Egyptian Corporation, on whjch an ordinance was approved by the Council on September 15, 1971, and failed to take effect even though approved five to two because of the 20 percent rule. He explained that the Staff calculation was in error because of a recent change in the 20 percent rule, and that it has since been determined that the rule does not apply in this case. The Council agreed that no further action was necessary and that the ordinance approved September 15, 1971, (No. 10465) is automatically adopted. Mayor Sizemore announced the public hearing on street assessments for street and drainage improvements for Cabaniss Acres and Housing Authority Sites A & B and Street improvements for Sacky Drive from Richter Drive to the West right-of-way line of Anita Street and Weaver Street, from the existing improvements to the north right-of-way line of Padre Island Drive. He explained that the usual legal procedure would be followed; that a quorum of the Council was present; that each member of the Council had been presented with a copy of the Preliminary Assessment Roll; and that rAssistant City Attorney Bobby Terry would conduct the hearing. Director of Engineering Services James K. Lontos pointed out the location of the proposed improvements on the map, testified as to his qualifications and as to the nature, extent and specifications of the proposed improvements. He stated that the total cost of the improvements was $196,990.46 based on the low bid of Heldenfels Brothers; explained the manner in which the pro rata share of the City's portion and the property owners' share of the cost was computed, stating that the assessment rates have been determined by using the provisions of the Assessment Policy of the City and applying to those provisions the unit prices as received by the low bid. He pointed out the location of the proposed drainage ditches and explained that there are no existing streets therefore no credits have been allowed. He stated the storm sewers will be constructed based on the low bid of T. H. Lee Contractor. Assistant City Attorney Bobby Terry called Mr. Bill Roberts, the City's expert witness, and interrogated him as to his experience which he felt qualified him as a real estate appraiser. Mr. Roberts testified that he was familiar with the subject project, that • Minutes Regular Council Meeting September 22, 1971 Page 8 he had personally viewed each and every parcel of property within the past week which abuts the subject streets, and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extend of the proposed assessments. No one appeared in favor or in opposition to the proposed assessments, or to question Mr. Lontos or Mr. Roberts. Motion by Lozano, seconded by Bonniwell and passed, that the hearing be closed. Motion by Lozano, seconded by Bonniwell and passed, that the Preliminary Assess- ment Roll, as presented tolhe Council, be approved, and that an ordinance be brought forward in accordance thereof. Mayor Sizemore announced the Regular Meeting would be temporarily recessed to be reconvened following the scheduled public hearing on six zoning cases. ******************** The Regular Meeting was reconvened at 4:30 p.m. City Manager Townsend presented the following Resolution and Ordinance. ORDINANCE NO. 10478 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 J. HANSLER AND B. R. WILLEFORD BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON AN APPROXIMATELY 13.4 -ACRE TRACT OF LAND OUT OF LOTS 19 AND 20, SECTION 18, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, LOCATED IN THE 6600 BLOCK OF WILLIAMS DRIVE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -9B" ONE - FAMILY DWELLING DISTRICT TO "R-2" TWO-FAMILY 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 passed by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were absent. RESOLUTION NO. 10484 RESOLUTION EXPRESSING TO THE DEPARTMENT OF HOUSING AND URGAN DEVELOP- MENT APPRECIATION FOR ESTABLISHMENT OF AREA OFFICES AVAILABLE TO PROVIDE PROMPT AND COMPETENT SERVICE TO SOUTH TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the follow- ing vote: Sizemore, Bonniwell, Bosquez, Gonzales and Lozano, present and voting "Aye"; Branch and Stark were abs'pnt. • Minutes Regular Council Meeting September 22, 1971 Page 9 Mayor Sizemore called for petitions orinformation from the audience not scheduled on the agenda. Dr. Clotilde Garcia appeared and petitioned the Council to: (1) improve Broadmoor Park adjacent to Travis Elementary School, stating it is in very poor condition but is being used as a playground by school children in that area; (2) requested that establishment of a special school bus route from Travis School to Sanders Elementary School for students who have been transferred under the "majority -minority" school district policy, stating she had appealed to the School Board and had been turned down; and (3) requested that reduced or free transit passes for the elderly, blind and disabled be allowed in this City as is being tried in Dallas, City Manager Townsend stated the Staff will investigate the park situation; that a study of the suggested reduced bus fares is now under way, but it is felt that a person is better off buying tokens rather than a monthly pass at a discount; and stated that a bus route now passes near Travis School to Sanders but the ride is an hour and ten minutes. He pointed out the cost of making a special run, stating would involved a bus and a driver. Mr. Bob Rice, 2919 Waldron Road, appeared and complained of continued erosion of his property on Waldron Field Road by the City's Van Galen Ditch. He stated he had spent time and money filling in and planting but that repeated rains had washed out the ditch, and that he is about to lose his driveway. He stated he had contacted the Street Department and they did all they could, but that he had had no response from the Public Works Department since the recent rains. He suggested that a curb be constructed which would help but would not completely solve the problem. Mr. Lewis Lanfear, stated he also lives in this area and is employed by Mr. Rice; that there are approximately 25 families whose residences border onto the Van Galen Ditch, and will be affected if something is not done to prevent further erosion. He fulrther stated that a Central Power & Light pole is in jeopardy if more rains come. Mayor Sizemore directed that the City Manager investigate this complaint and report. Mayor Sizemore suggested, and the Council agreed, that the Regular Council Meeting of October 6, 1971, be held following the public hearings set for 3:00 p.m. There being no further business to come before the Council, the Regular Meeting was adjourned.