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HomeMy WebLinkAboutMinutes City Council - 01/05/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 5, 1972 2:00 P. M. PRESENT: Mayor Pro Tem Charles A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark • City Manager R. Marvin Townsend Assistant City Attorney Hal George City Secretary T. Ray Kring Mayor Pro Tem Chas. A. Bonniwell called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend B. R. Liles, Pastor of Anna- ville Assembly of God Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by. Branch and passed, that the absence of Mayor Sizemore be excused for just cause. Mayor Pro Tem Bonniwell recognized and presented Certificates of Attendance to the following members of the Student Council of Flour Bluff High School: Janis Bueno, Debbie Cudd, Jill Talkington, Ruth Hamaker and Esther Franco. The students were accompanied by their sponsor, Mr. George Parker. Bids were opened and read by Director of Engineering Services for Ocean Drive Minor Storm Sewer Improvements from the following firms: Heldenfels Brothers; Asphalt Paving & Construction Company; Arnold & Associates; and R. S. Black. 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 recommen- dation. Mayor Pro Tem Bonniwell presented to Police Chief James Avant a 30 - year Service Award, having served in the Police Department since 1941, promoted to Sergeant in 1943; Lieutenant in 1947; Captain in 1949; Assistant Chief in 1951; Acting Police Chief in 1970; and his present position of Chief of Police in 1971. Mr. Bonniwell expressed special appreciation for the services of Chief Avant, stating he felt he had served with distinction under some very unusual circumstances since his appointment to the position of Chief of Police. Chief Avant was present to receive the commendation. • Minutes Regular Council. Meeting January 5, 1972 Page 2 Mayor Pro Tem Bonniwell called for the City Manager's Reports. Motion by Branch, seconded by Stark and passed, that the City Manager's Reports, Items "a" through "g" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a. That the Flour Bluff Lift Stations, Force Main and Sewage Treatment Plant. Project near N.A.S. be accepted by the City as complete; that final payment of $58,616.78 be made to the contractor R. S. Black; and that an extension of time be granted for 33 working days and that 10 days liquidated damages of $1,000 be charged due to an overrun of time by 43 working days; (The total contract was $493,217.72) b. That a 3 -foot electrical easement on Lot 11, Block 12, Country Club Estates #16, be abandoned, an alternate having been provided on Lot 12, Block 12; c. That the City of Corpus Christi reduce its extraterritorial jurisdic- tion in the vicinity of Port Aransas to enable Port Aransas to annex about 7,60G square feet of area now within Corpus Christi's extraterritorial limits and eat Corpus Christi consent to the further reduction of extraterritorial limits so that Port Aransas will have jurisdiction over 1/2 mile southwest of Port Aransas on Mustang Island and in the Gulf of Mexico but exclusive of any portion of Corpus Christi Bay; d. That the previous action of the Council be reaffirmed and the City Manager be authorized to execute A contract with the Econolite Corporation of Fort Worth, for $173,224,28 for installation of a radio fire box alarm system to replace the system destroyed by Celia and necessary to maintain existing fire insurance rating, O.E.P. having agreed to pay the increased replacement costs; e. That the City Attorney be authorized and directed to file suit in a court of proper jurisdiction in Nueces County, Texas, for injunction and other orders to stop violations of the City Land Drilling Ordinances, Ordinances 8879 and 8844, and other applicable ordinances, by Harry Risken, Miller & Fox Drilling Corporation, W. Rinehart, and others associated with them, their agents, con- tractors and employees, arising from their operations under oil and gas leases from Rand Morgan and wife to Houston Oil Company, dated July 18, 1930, and • Minutes Regular Council Meeting January 5, 1972 Page 3 amendments thereof, and to otherwise protect the City's interests and powers therein, and defend as he deems proper, in furtherance of the action of Harry Franklin, City Petroleum Superintendent, by his January 3, 1972.letter; f. That 80 acres of surplus land at the Allison Sewer Plant be leased to Mr, Joe Roe for grazing rights only for $2,50 per acre for the first two years and $3.00 per acre for the next three years of a five year lease; the lesser amount during the first two years to allow Mr. Roe an offset to the cost of building the necessary fencing, including around the Boy Scout Camp to keep his cattle within the leased area, with the City reserving the right to cancel all or any portion of the lease if the land is needed by the City; g. That an informal public hearing be held January 19, 1972, on the request of E. I. du Pont de Nemours and Company for an initial waste control order for a proposed discharge not to exceed an average flow of 2,900,000 gallons per day of industrial wastewater into LaQuinta Channel, thence into Corpys Christi Bay, from the manufacturing plant to be located on State Highway 361. ORDINANCE NO. 10651 REDECIARING, 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 AUTHOR- ITY 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 HOUS- ING 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE WEST CORPUS CHRISTI ROTARY CLUB, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A" AND INCORPORATED HEREIN FOR ALL PURPOSES. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. SECOND READING OF AN ORDINANCE AMENDING ORDINANCE N0. 4168, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 23, 1955, AS AMENDED, KNOWN AS THE PLATTING ORDINANCE BY DELETING CERTAIN SECTIONS THEREOF SO AS TO DELETE THE PROVISION FOR LOTS OF 5,000 SQUARE FEET IN THAT AREA SOUTH OF AGNES AND WEST OF PORT AVENUE; PROVIDING • Minutes Regular Council Meeting January 5, 1972 Page 4 THAT LOTS PLATTED PRIOR TO THIS ORDINANCE SHALL NOT BE DEEMED IN VIOLATION UNDER CERTAIN CONDITIONS; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. ORDINANCE NO. 10652 CLOSING AND ABANDONING A 3 -FOOT ELECTRICAL EASEMENT ON LOT 11, BLOCK 12, COUNTRY CLUB ESTATES #16; PROVIDING FOR AN ALTERNATE EASEMENT; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. ORDINANCE NO. 10653 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ECONOLITE CORPORATION FOR INSTALLATION OF A RADIO FIRE BOX ALARM SYSTEM, ALL AS MORE FULLY SET FORTH IN THE EXHIBITS "A" THROUGH "P", 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: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. RESOLUTION N0.10654 RESOLUTION DESIGNATING MAYOR RONNIE SIZEMORE AS TEE CITY OF CORPUS CHRISTI, TEXAS, DIRECTOR -AT -LARGE TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL LEAGUE PURSUANT TO ART. IV, SECTION 4.1(2) OF THE CONSTITUTION OF THE TEXAS MUNICIPAL LEAGUE AND DIRECTING THE CITY SECRETARY TO CERTIFY SAID DESIGNA- TION TO TEXAS MUNICIPAL LEAGUE BY FORWARDING TO THE LEAGUE A CERTIFIED COPY OF THIS RESOLUTION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolutionwas passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye"; Sizemore absent. Mr. Robert Waycoff, 117 Cheyenne Street, appeared as spokesman for the Corpus Christi Committee for Prison Reform, and read a statement from prisoners of the Nueces County Jail dated December 28, 1971, addressed to Sheriff Johnny Mitchell, in protest of the quality of meals being served at the Jail; requested clarification of regulations governing literature admitted to the prisoners; protested the time allotted for visiting prisoners; censorship policy of inmate's mail; and absence of adequate medical and sanitation facilities. He stated the petition was being brought before the City Council requesting that they use their • Minutes Regular Council Meeting January 5, 1972 Page 5 influenc, and make a public statement to the effect that they are in favor of correcting these conditions. (Petition #1-72) Mayor Pro Tem Bonniwell advised Mr. Waycoff that the City Council has no authority over the County Jail, and that the petition should be presented to the County Commissioner's Court. Commissioner Branch stated that a letter request had been received from Our Pillar Catholic Church requesting that a traffic light be installed at the intersection of Horne Road and Columbia and other safety measures in the area. The matter was referred to the City Manager for investigation and recommendation. City Manager Townsend presented the pending item of Zoning Application #1171-10, Santa Fe Land Company, for change of zoning from "AB" Professional Office District and "B-4" General Business District to "B-5" Primary Business District, on property located between Santa Fe and Third, and Elizabeth and Morgan Street, on which a public hearing was held December 22, 1971, and tabled for further con- sideration of disadvantages that could result from setback requirements of the "B-5" zoning. Mr. Townsend pointed out that the Staff had recommended denial of the application since the "B-5" designation is one that is located in the primary core area of the City, and the buildings should be required to set back off at least twenty feet, and that the Planning Commission recommended approval as an improve- ment to the deteriorated area. Assistant City Manager Walker stated that he and Larry Wenger had met with Mr. Robert Brummett, Vice President of Santa Fe Land Company, and Morgan Spears and Associates, this morning concerning the development of the three lots. He stated they had concluded that it would be almost impossible to design a 50,000 square foot building with 10,000 square foot floor space to meet the setback re- quirements for "B-4" zoning, but that a building could be designed to meet the setback requirements of "B-5". Mr. Walker stated it was his and Mr. Wenger's opinion that they could design a building with "B-4" zoning if they could find some to solve their entrance to the below grade parking. Acceptance of a Special Permit was discussed. City Manager Townsend stated the applicants should be consulted to determine if a special council permit would be acceptable. • Minutes Regular Council Meeting January 5, 1972 Page 6 Motion by Stark, seconded by Bosquez and passed, Branch voting "Nay", that the foregoing matter be tabled for one week pending the return of Mayor Sizemore. There being no further business to come before the Council, the meeting was duly adjourned at 2:45 p.m., Wednesday, January 5, 1972.