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.
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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
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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:
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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
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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
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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.
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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.
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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
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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.
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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.
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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.