HomeMy WebLinkAboutMinutes City Council - 10/06/1971• •
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 6, 1971.
3:00 p.m.
PRESENT:
MayoriRonnieSizemore
Commissioners:
Roberto Bosquez, M.D.
Rev. Harald T. Branch
Thomas V. Gonzales
Gabe Lozano, Sr.
J. Howard Stark
Hall.
City Manager R. Marvin Townsend
City Attorney James R. Riggs
Assistant City Secretary Bill G. Read
Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of City
The Invocation was given by Mr. Harold Poland of Ayers Street Church of Christ.
Assistant City Secretary Bill Read called the roll of those in attendance.
Motion by Gonzales, seconded by Branch and passed, that the absence of Mayor Pro
Tem Bonniwell be excused for just cause.
Mayor Sizemore announced the issuance of a proclamation designating October 13,
1971, as DAY -IN -COURT- FOR LEGAL SECRETARIES;,and read a proclamation designating
October 3 through 9, 1971, as DRUG ABUSE PREVENTION WEEK.
Bids were opened and read by Director of Engineering Services James K. Lontos for
construction of Flour -Bluff Sanitary Sewer Collectors, Stage II, from the following firms:
Heldenfels Brothers; Burtex Constructors; W. T. Young Construction Company; and Maverick
Construction Company.
The foregoing bids were tabled for 48 hours pursuant to the requirements of the City
Charter and referred to the City Manager for tabulation and recommendation.
Mayor Sizemore announced the Council would hold the scheduled public hearing on
proposed assessments for street improvements on Goilihar Road Unit IV, from Kostoryz to Dody;
McDonald Street, from Matlock to 300' south; Josephine Street, from Lake to Winnebago; and
intersection improvements on Ayers and Baldwin Streets. He asked that it be noted that a
quorum of the Council was present, and explained the procedure to be followed, stating that
Assistant City Attorney Bobby Terry would conduct the hearing.
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Minutes:
Regular Council Meeting
October 6, 1971
Page 2
Mr. Terry stated the purpose of this hearing was to comply with the Statute regarding
paving assessments; that testimony will be heard from the City Engineer and evaluation
testimony from a real estate appraiser to substantiate the assessments which appear on the
Assessment Roll; and that this hearing is to form a basis on which the Council, acting as a
legislative body would determine or establish the assessments on the abutting properties.
Director of Engineering Services James K. Lontos, presented the plans for the pro-
posed improvements; testified as to his qualifications as Director of Engineering Services; and
described the nature, extent and specifications, stating that the streets are to be constructed
by excavating to a width and depth to permit the laying of standard 6" curb and gutter sections,
and installation of pavement of various types on the four streets; that there are proposed
reinforced concrete sidewalks, 4 feet wide and four inches thick, driveways where needed
and requested by property owners, and storm sewers to properly drain the streets. He explained
that the manner on which the assessment rates had been determined was by taking the unit
prices used in the low bid and applying these unit prices to the front footage of the abutting
properties in accordance with the approved assessment policy. He stated that credits have been
given for existing improvements such as curbs, gutters and pavements, as well as sidewalks
where they exist; that the total contract price is $384,814.12; total estimated assessments
were $97, 156.75, and total City's portion amounting to $287,657.37.
Mr. Harold A. Carr, the City's expert witness, testified as to his background and
experience which he felt qualified him as a real estate appraiser. He described the properties,
stating they vary in size, some siding, fronting or backing up to the subject streets, but are
not irregular in shape; pointed out the residential and business uses; and stated that he had
personally examined each and every parcel appearing on the assessment roll, viewed and
understood the extent and specifications, and that in his opinion each and every parcel would
be enhanced in value at least to the extent of the assessments with exceptions on the following,
stating in his opinion these would not be enhanced in value the amount of the assessment as a
result of the proposed improvements:
Item #121, Chloe Tilley, Lot 6, Block A, Diaz Addition, the rate be reduced from
$8.25 to $4.12-1/2 per linear foot;
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Regular Council Meeting
October 6, 1971
Page 3
#122, Myrna Holder, Lot 12, Block 4, Clarkson Addition, the rate be reduced from
$8.25 to $5.00 per linear foot;
Item #128, Edwin Schroeder, Lot 8, Block A, Diaz Addition, the rate be reduced
from $8.25 to $4.12-1/2 per linear foot;
Item #129, Myrna Holder, Lot 1, Block 3, Clarkson Addition, the rate be reduced
from $8.25 to $5.00 per linear foot;
Item #134, Juan & I. Gonzales, Lot 5, Block 3, Clarkson Addition, the assessment for
sidewalks of $91 .80 be deleted.
Mayor Sizemore gave each property owner present an opportunity to state his or her
approval oir objection to the proposed improvements or assessments. The following persons
appeared:
Mr. M. D. McCain, Item #47, Lot 1, Mathis Estates, stated he did not object to the
assessments, but questioned the calculations as to the number of square feet of sidewalk to be
constructed, stating the figures on the assessment roll were not consistent. He also inquired
if he would be permitted to have a double driveway constructed. Mr. McCain was advised
to work out the problem with the Engineering Services Department.
Mr. Ralph Mute, Item #27, president and representing the Gulf Coast Little League
property, Lot 2, W. C. Lowery Park, spoke in opposition to the assessment of $3,308.41,
stating that the League is a non-profit organization, financed by the Gulf Coast Little League
at no cost to the City, and feel they are doing the City a great favor in sponsoring these
baseball leagues. He pointed out that the City leases property to other baseball leagues for
a nominal fee of $1.00 per year, and that Little League Sponsors who have obligated themselves
for this property should not be assessed. Mr. Mute stated that the property should not be
referred to as W. C. Lowery Park, stating the park by this name is non-existent.
Mr. Carr explained that this property must be considered as privately owned property
and as a matter of policy must be assessed. He stated it is his opinion that the property will
be enhanced in value and could be sold for more in a few years as a result of the improvements.
City Manager Townsend pointed out that the property noted on the Assessment Roll as
Item #31 was owned by Corpus Christi Municipal Gas Corporation, and that an assessment for
this property would be submitted.
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Minutes
Regular Council Meeting
October 6, 1971
Page 4
Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed and
that the questions of assessments be taken under advisement.
Mayor Sizemore announced the Regular Meeting would be recessed for the purpose
of conducting the public hearings scheduled for 3:30 p.m., on six zoning cases and Zoning
Text Amendments.
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The Meeting was reconvened at 4:30 p.m. and Mayor Sizemore called for the City
Manager's Reports.
Motion by Branch, 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 fol lows:
a. That November 3, 1971, 4:00 P.M. Regular Meeting, be set for a public hearing
on the following zoning applications:
(1)
Pharaoh Enterprises, Ltd. - TRACT A - from "R -1A" and a Special Permit for
townhouses to "R-2" and TRACT B - from "R -1A" & "R -1B" to "R-2", both
tracts located on the porth right-of-way line in the 7200 Block of McArdle Road;
(2) Corpus Christi Datsun - from "B-4" to "14" on the north right-of-way line of
South Padre Island Drive, west of Kostoryz Road;
(3)
Arthur H. Vinson - from "R -1B" to "1-2", on the west right-of-way line of
Ayers Street, north of Saratoga Boulevard;
(4) Cadwallader Development Corporation - Tract A, from "R -1B" to "8-1", Tracts
B & C, from "R -1B" to "R-2", both tracts located on the northwest side of
Everhart Road between Curtis Clark Drive and Bonner Drive extending north-
westward to Wedgewood Lane;
(5) C. W. Phillips - a Special Use Permit for a Mobile Home Park, located on the
southeast right-of-way line of Leonard Drive, southwest of Mayfield Road;
b. That bids be received on October 26, 1971, for construction of a dry boat storage
facility on the L -Head to house 16 boats in lengths up to 22 feet on their trailers and 32 small
sailboats on racks as recommended by the Marina Board, at proposed rates of $12 per month for
boats or tarilers and $5 per month for small sailboats, the area involved being the old Heliport
on the north end of the L -Head; (The Arts Commission has reviewed and approved the project)
c. That the bid of $150 from the City of Port Aransas be accepted for the purchaseiof
a 1945 Class B Fire Truck Pumper, the truck having been on loan to Port Aransas for the summer
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Minutes
Regular Council Meeting
October 6, 1971
Page 5
months, such loan being made with the agreement that they would have the opportunity to
purchase the truck at a later date; (Bid Tabulation #55-71)
d. That the City Manager be authorized to execute an assignment of lease to the
Small Business Administration for the Council of Camp Fire Girls lease at Lake Corpus Christi,
to allow the Camp Fire Council to receive a loan from SBA for restoration of €snip Shawandasse
which is located on City property on the west shore of Lake Corpus Christi;
e. That the ordinance establishing speed limits at 60 MPH moximum'and 50 MPH
minimum on the Crosstown Expressway from I.H. 37 to a point between Baldwin Boulevard and
Port Avenue, be extended, and that the connecting interchange ramp speed limits be set at
50 MPH at I.H. 37 and the Crosstown Expressway, and at the Crosstown and Padre Island Drive
with the exception of one romp which, due to its wider curve and longer radius is recommended
at 55 MPH; (These speed limits are recommended by the Texas Highway Department and con-
curred in by the Traffic Safety Advisory Board)
f. That the one-year Land Drilling Permit to Sentinel Resources be extended for a
period of 30 days, delays having been caused by heavy rainfall and threats of hurricanes, the
original permit expiring October 19, 1971.
ORDINANCE NO. 10502
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, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Boniwell was absent.
Minutes
Regular Council Meeting
October 6, 1971
Page 6
ORDINANCE NO. 10503
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APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $71, 150 TO BE PLACED
IN TRUST FUND NO. 927 FOR THE CITY'S ADDITIONAL PORTION OF COST TO CON-
STRUCT STREET IMPROVEMENTS ON N.A.S. DRIVE, FROM PADRE ISLAND DRIVE TO
SOUTH GATE OF N.A.S., PROJECT NO. 220-70-120, SAID AMOUNT BEING SUPPLE-
MENTAL TO PREVIOUS APPROPRIATIONS OF $142,000 BY ORDINANCE NO. 10425,
ALL IN ACCORDANCE WITH TEXAS HIGHWAY COMMISSION MINUTE ORDER NO. 63326
AS ADOPTED BY RESOLUTION NO. 9647; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Bonniwell was absent.
ORDINANCE NO. 10504
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH HUMBLE OIL
AND REFINING COMPANY IN CONNECTION WITH THE RELOCATION OF HUMBLE'S
4" HIGH PRESSURE GAS LINE ACROSS N.A.S. DRIVE, AS MORE FULLY SET FORTH IN
THE AGREEMENT, 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Bonniwell was absent.
RESOLUTION NO. 10505
AMENDING RESOLUTION NO. 1008 APPROVED BY THE CITY COUNCIL ON OCTOBER 10,
1939, PROVIDING FOR A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI
AND THE CORPUS CHRISTI COUNCIL OF CAMPFIRE GIRLS, INC. BY AUTHORIZING AND
DIRECTING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT OF SAID REAL ESTATE
LEASE TO THE SMALL BUSI NESS ADMINISTRATION, A COPY OF SUCH ASSIGNMENT
BEING MARKED "EXHIBIT A" AND ATTACHED HERETO; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing resolution was passed by the
following vote: Sizemore, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Bonniwell was absent.
ORDINANCE NO. 10506
AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED,
BY DELETING THEREFROM ALL REFERENCE TO CROSSTOWN EXPRESSWAY (S.H. 286),
AND IN LIEU THEREOF ADDING PROVISIONS FOR CROSSTOWN EXPRESSWAY (S.H. 286)
AS HEREINAFTER PROVIDED, AT THE SPEED LIMITS SHOWN; ADDING TO SECTION 21-68
PROVISIONS AS TO SPEED LIMITS ON INTERCHANGE OF INTERSTATE 37 & CROSSTOWN
EXPRESSWAY (S.H. 286) AND INTERCHANGE OF CROSSTOWN EXPRESSWAY (5.H. 286)
AND PADRE ISLAND DRIVE (S.H. 358); AS HEREINAFTER PROVIDED; PROVIDING FOR
PUBLICATION; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
October 6, 1971
Page 7
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The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Sizemore, Bo,squez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Bonniwell was absent.
ORDINANCE NO. 10507
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 FLATO BROTHERS, INC. BY GRANTING A SPECIAL
COUNCIL PERMIT FOR TRAVEL TRAILER PARK ON A PORTION OF LOTS 7 AND 8,
SECTION 65, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, AS MORE FULLY
DESCRIBED HEREINAFTER AND AS MORE FULLY DESCRIBED ON THE SITE PLAN APPROVED
BY THE PLANNING COMMISSION ATTACHED HERETO AS EXHIBIT "A" AND MADE A
PART HEREOF; 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, Bosquez, Branch, Gonzales, Lozano and Stark, present and
voting "Aye"; Bonniwell was absent.
Mayor Sizemore called for petitions or information from the audience on matters
not scheduled on the agenda.
Mr. Edward J. Whetzle, 4653 Totton, spokesman for the Arts Association of Corpus
Christi, requested that the City not make any commitments for use of the Centennial Art
Museum Building, presently being vacated by the Art Foundation, until a presentation can
be made for using the building as an art center.
Mayor Sizemore stated the request would be referred to the Park Board for their suggestions
and comments to be considered along with other propositions which have been received for use
of the building.
Mr. Bob Rice, 2919 Waldron Road, owner of a mobile home park in Flour Bluff
adjacent to the City's Van Galen drainage ditch, appeared and renewed a complaint of
September 22, 1971, that erosion from the drbinage ditch was damaging his property, stating
that a trailer from his park had been severely damaged from rains which occurred this week.
He stated he felt the City should be responsible for the damage and correction of the problem.
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Regular Council Meeting
October 6, 1971
Page 8
City Manager Townsend stated there is disagreement as to whether Mr. Rice or
the City is responsible for the flooding, but that it is being investigated by the Street
and Public Works Departments, and that their reports and recommendations are in the
process of being prepared, which will be submitted to the Council next week.
There being no further business to come before the Council, the meeting was duly
adjourned at 5:25 p.m., Wednesday, October 6, 1971.