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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. • 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; i • Minutes 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. r • 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. ************** 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 • 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 • 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 • 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. • • Minutes 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.