HomeMy WebLinkAboutMinutes City Council - 03/29/19721411141UTi'5
CO CORPS MIST'', TEXAS
U LAR G0E1NC4L MIi1►NG
lich 29, 1/72
2:Q0 P. M,.
PF.ESE1 1'w
Mayor Ronnie Sizemore
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
City Attorney James R. Riggs
City Secretary T. Ray Kring
Mayor Ronnie Sizemore cal led the meeting to order.
The Invocation was given by Mayor Pro Tent Charles Bonisiweil On the absence of the
invited Guest Chaplain.
City Secretary T. Ray Kring called the rolf of those in attendance.
The Minutes of the Regular Council Meeting of March 15, 1'972, were approved as
submitted to the Council.
Mayor Sizemore announced the issuance of proclamations relative to the following:
ENVIRONMENTAL EDUCATION WEEK, April 2 - 8, 1972; DOCTORS' DAY, March 30, 1972;
and TEXAS INDUSTRIAL WEEK, April 2 - 8, 1972.
Mr. Lee Mahoney, attorney for Jimmy Adair, appeared before the Council with reference
to a m$tter before the Council last week regarding water for Cuddihy Field property. A proposal
was presented at last week's meeting in connection with the building of an d'pertment complex of
some 116 units at Cuddihy Field which is outside the City Limits. This item was celled to Mr.
Adair's attention by a newspaper article stating that Mr. Adair had proposed this housing complex
requiring an additional water line to be built at some $68,000 cost and enquired and involved
annexation tithe City, the error being in the fact that Mr. Adair made ho such proposal. He does
not own the properMy where the apartment complex is proposed and certainly does not want to spend
$68,000 for a wafer line or engage in negotiations for annexation of Cuddihy Field which he owns.
Mr. Mahoney stated 111 does not know where the error occurred but the report that a proposal was
made is incorrect. The item wrps tabled by Council and the Stiff requested to negotiate with Mr.
Adair.
MICROFILMED SEP 0 4 1gn
Minutes
Regular Council Meeting
March 29, 1972
Page 2
City Manager Townsend stated that the City is aware Ow the property involved is not
that of Mr. Adair but is the property of the old Coastal Bend Rehabilitation Association. The
existing water and sewer systems at Cuddihy Field belong to the owners of Cuddihy Field.
Commissioner Stark questioned the proposal to sellwater and Mr. Adair*greed that he
was to provide water and sewer service for the complex should no problems develop,
City Manager Townsend explained the problems involved and the application that was
before the Texas Water Quality Board recently regarding sewage that had been approved,
Mayor Sizemore called for the City Manager's Reports,
City Manager Townsend presented the fallowing recommendations:
a. That a contract be awarded to Standard Brass & Manufacturing Company, Houston,
Texas, on the basis of low bid to furnish 40,000 feet of 3/4", 6,000 feet of 1", and 1,580 feet
of 2" Type K Soft Copper Tubing for $20,146.16. Price shows an increase of $1,232.49 or
approximately 6%. Bids were received from 12 firms;
b. That the Mesa Petroleum Company application to drill in State Tract 22, Corpus
Christi Bay, from a regular cluster location at the east corner of Tract 23 be approved. The
well will be drilled directionally with the bottom of the hole to be at a depth of approximately
11,000 feet in Tract 23 and approximately 1/2 mile south of the drill site. The location of the
drill site is approximately 3t1;12 miles from the Portland shore;
c. That eminent domain proceedings be filed by the City of Corpus Christi to condemn
fee title to a parcel of land located between Ropes and Sinclair Streets along the bay side of
Ocean Drive and identified as Parcel 25-B, Park Site No. 3 of the Bay Front Open Space Project.
The property is owned by Mr, and Mrs. Paul Harron;'
d. That a revocable easement be granted to Waliock Development Company for a 2" water
line in the Santa -Fe right-of-way, The existence of a masonry wall makes it deairable for the
private water line to be in the right-of-way for a short distance. A fee of $28 has been received
from Wal lock Development Company;
e. That the following Certified Public Accounting Firms be employed to audit the books
and records of the City for the fiscal year ending July 31, 1972;
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Minutes
Regular Council Meeting
March 29, 1972
Page 3
e. (Continued):
Touche Ross & Co.:
All books and records except Tax Office $15,000
Firemen's Relief & Retirement Fund#rs. 1972) 400
Special oedij,af library Grant: ifi needed 200
1,15;600
Gowland, Kincaid, Guy, Fancher and Davis;
To and books and records of Tax Division
(this firm audits the Corpus Christi Indepen-
dent School District books and the City
customarily employs the School District firm
to audit the City Tax Division)
$ 1,000
$16,00
f. That the contract for construction of posts and cables replacement in the Marina
performed by Hill Masonry Company be accepted as complete and final payment made in the
amount of $4,043.53. The project includes the installation of 120 concrete posts and approxi-
mately 8,600' of wire rope cable:
g. That the City purchase various types of police equipment and supplies through the
Council of Governments as a part of an LEAA Grant to the region. The City's cost will be 1/4th
of the estimated total of $20,000 or $5,000 which is available in the Police budget. The equip-
ment includes a portable video tape recorder and monitor, 35MM cameras, protective headgear,
protective suits, binoculars, shotguns, voice amplifiers, portable lighting equipment, and various
other equipment and supplies;
h, That the Public Hearing on Assessments for Sidewalk Improvements, Unit VE, held
March 22, 1972, be closed, and the assessment roll adopted as corrected by the pepartment of
Engineering Services. The City will redesign the sidewalk along Roosevelt Street to miss the
large palm trees which exist;in this area or will remove the trees at the request of the -property
owners. The Assessments along 15th Street where sidewalks presently exist will betadjitsted down-
ward during construction depending on the amount of sidewalk which is to be replaced;
i. That the contract for the construction of Sidewalk Improvements Unit VI, which
includes sidewalks along nine City streets, be awarded to E. J. Netek Construction Company, and
appropriating $47,000 for the contract and contingencies. The sidewalks are reinforced concrete,
standard width, and designed to provide pedestrian access along the most traveled routes to school;
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Minutes
Regular Council Meeting
March 29, 1972
Page 4
j. That plans and specifications for the improvements to Hudlron Acres Park be approved
and bids be received, at 2:00{r.m.i, :April 26. Plans include grading, irrigation system, multi -use
court, handball court, shelter, parking lot, picnic tables, barbeque grills, and water line extension
to provide adequate pressure for the sprinkler system. The project is partially funded by the Depart-
ment of Housing and Urban Development;
k. That the contract for construction of Hillcrest and Elgin Parks be awarded to Asphalt
Paving & Construction Company for $90,441.64, and appropriating $95,000 to cover the contract,
contingencies, and incidental expenses. Improvements include landscaping, sprinkler system,
play areas, spray pools, playground equipment, drainage improvements, picnic tables, multi-
purpose court, and backstops. The project is partly financed by Open Space Program of Department
of Housing and Urban Development;
I, That Fire & Extended Coverage Insurance be purchased for one year March 31, 1972, to
March 31, 1973, covering 2/3 of the total insured value of City buildings anaktontents from the
following companies:
Contilnental Ins. Co.
St. Paul Ins. Co.
% Insured Value Explosion Premium
1]3 $3,250,934 1,90 $ 8,171
1/3 3,250,934 411,900 8,171
$16,342
The $8,171 premium for 1/3 of the insurance Is a $1,570 increase over last year; 1.5%
pr $100 basic fire rate increase, 11.5% or $760 in extended coverage rates and $710 for additional
buildings insured.
Kansas City Fire & Marine Insurance Company policy expires March 31, 1972, and they
declined to renew their policy. St. Paul Ins. Co. did renew their policy for the year 1972-73.
Motion by Branci, seconded by Lozano and passed, that the City Manager's Reports,
Items "a" through "I", be accepted, and that the requests and recommendations be granted and
approved as presented.
City Manager Townsend presented the recessed public hearing from March 1, 1972,
Regular Meeting on a Text Amendment to Amend Article 29, The Board of Adjustment, Section 29-3,
Special Use Exceptions, by deleting in their entirety Subsections 29-3.11, 29-3.13,-29-3.15 and
renumbering Subsections 29-3.12, 29-3,14, 29-3.16 and 29r3,.17 to Subsections 29-3.11 through
29-3.14 consecutively. He explained that there were five amendments at the March 1 meeting
Minutes
Regular Council Meeting
March 29, 1972
Page 5
and the Council heard three of them. The last two were recessed and are to be presented today.
He presented the Council with o summary sheet of the proposed changes and explained the
Planning Commission recommendations and the Board of Adjustment'recommendations. Mr. Town-
send briefed the Council on a previous zoning change of Drs. Morgan and Clark an Alameda Street
where the people located to the rear of the property on Topeka did not want the zoning change
because o parking lot might be built into their residential area, He also discussed -a case presensed
to the Board of Adjustment for additional parking lots for First State Bank extending into a residential
area. The Council and Staff discussed whether this amendment should be allowed since it would
change responsibilities of both the Planning Commission and Board of Adjustment.
Commissioner Branch inquired as to what the Staff recommended, and Mr. Townsend stated
the Staff recommended the change. -'
Mayor Sizemore questioned why the Board of Adjustment does not agree with the change c,d
was advised by Mr. Townsend that the Board of Adjustment probably feels that it would take away
from their duties and more added to the Planning Commission. Mr. Townsend also stated he felt
the present Board was qualified to carry out their responsibilities and our Staff is supporting them
much better.in their deliberotions. He stated the basic question before the Council is whether the
extension of p parking lot is of the same severity and nature of the change in zoning or is it a
modification of a boundary line as an auxiliary use in a residential neighborhood_ -
Commissioner Stark questioned how an appeal was made from the Board of Adjustment,
and City Attorney Riggs replied that a Court of taw was their recourse.
City Manager Townsend explained that the Board of Adjustment's authority primarily
involves hardship cases, basically involving a uniqueness of the land.
Commissioner Stork questioned if the decision could be left with the Board of Adjustment
and finally approved by the City Manager, to which Mr. Townsend replied it would not be desirable.
Motion by Bonniwell, seconded by Branch and passed, that the hearing be closed.
Motion by Branch, seconded by Gonzales and passed, that the recommendation of the
Planning Commission be concurred in and that Article 29, The Board of Adjustment, Section 29-3,
Special Use Exceptions, be amended, by deleting in their entirety Subsections 29-3.11, 29-3.15,
and amending Section 29-3.13 by adding the words "within any Professional Office, Business or
Industrial District after the word "areas" in the first line of this section and renumbering Sub-
sections 29-3.12, 29-3.13, 29-3.14, 29-3.16 and 29-3.17 to Subsections 29-3.11 through
29-3.15 consecutively, and that on ordinance Ire brought forward effectuating the change.
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Minutes
Regular Council Meeting
March 29, 1972
Page 6
City Manager Townsend pre(;ented the recessed public hearing from March 1, 1972, on
o Text Amendment to Amend Article 33, Permits, Plats and Filing Fees, Section 33-3, Subsection
33-3.12 by striking the following words from the first sentence: "applying for Special Use Permits
under the provisions of Article 25 of this Ordinance or." He presented the Council with a summary
sheet of the change proposed and stated that this was desired inosmuch as there is no longer a
Special Use Permit in the Zoning Ordinance.
Motion by Lozano, seconded by Bosquez and passed, that the hearing be closed.
Motion by Lozano, seconded by Stark and passed, that the recommendation of the Planning
Commission be concurred in and that Article 33, Permits, Plats and Filing Fees, Section 33-3,
Subsection 33-3.12 be amended by striking the following words from the first sentence: "applying
for Special Use Permits under the provisions of Article 25 of this Ordinance or.", and that an
ordinance be brought forward effectuating the change.
ORDINANCE NO. 10773
THIRD READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THECORPUSCHRISTI
CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON GOLLIHAR ROAD AND
ON NAVIGATION BOULEVARD, AS HEREINAFTER PROVIDED; AMENDING SECTION 21-153,
SCHEDULE 1, ONE WAY STREETS AND ALLEYS, SUBSECTION (a), AS AMENDED, BY ADDING
THERETO ANTELOPE STREET, FROM CARANCAHUA STREET TO UPPER BROADWAY; PROVIDING
FOR PUBLICATION.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO, 10774
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO
CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES
COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS
AND CITING LIENHOLDERS OF RECORD; SAID CONDEMNATION BEING NECESSARY FOR
THE ACQUISITION OF PARCEL NO. 25-B FOR BAYFRONT OPEN SPACE PARK SITE NO. 3,
PROJECT NO. 291-70-8; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION
PROCEEDINGS AGAINST THE RECORD OWNER PAUL HAMON ANDNIFE, DOROTHY HAMON,
TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance wos passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting!
"Aye"
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Minutes
Regular Council Meeting
March 29, 1972
Page 7
ORDINANCE NO, 10775
CLOSING THE HEARING pIVEN TO THE REAL AND TRUE OWNERS OF THE PROPERTY ABUTTING
UPON THE HEREINAFTER NAMED STREETS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO -WIT:
1. Greenwood Drive, from Gavilon Street to Buenos Aires Street (Northwest side only)
2. Buford Street, from Sabinas Street to Hibiscus Street (South side only)
3. Huisache Street, from Poth Lone to Erwin Avenue (Southwest side only)
4. 15th Street, from Prescott Street to South Staples Street (Northeast side only) -
5. Waldron Rood, from Belair Drive to Gfenoak Drive (Northwest side only) -
6. Kentner Street from Glenmore Street to Palmetto Street (Southwest side only)
7. Williams Drive, from Airline Road to a point approximately 175' Northwest of Northwest property
line of Gulfwoy-Airline Park, Block 4, Lot 19
8. Roosevelt Drive, from Vanderbilt Drive to Ramsey Street (Northeast side only)
9. Surfside Boulevard, from Breakwater Avenue to Elm Street (Southeast side only)
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF -IMPROVEMENTS,
AND LEVYING AN ASSESSMENT FOR PAYMENT; FIXING A CHARGE AND LIEN, THE MANNER
AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
ORDINANCE NO. 10776
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK FOR THE
SIDEWALK UNIT VI PROJECT; APPROPRIATING OUT OF THE 220 STREET BOND FUND $47,000
OF WHICH AMOUNT $43,434 IS FOR THE CONSTRUCTION CONTRACT AND $3,566 I5 FOR
EXPENSES RELATED TO ENGINEERING, CONTINGENCIES, AND OTHER INCIDENTAL COSTS
APPLICABLE TO PROJECT NO. 220-70-114; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye"
ORDINANCE NO. 10777
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND
CONSTRUCTION COMPANY, INC., FOR THE CONS TRUCTION OF HILLCREST PARK AND ELGIN
PARK IMPROVEMENTS; APPROPRIATING $95,000 OUT OF THE NO. 291 PARK BOND FUND, OF
WHICH $38,500 I5 APPLICABLE TO HILLCREST PARK, PROJECT NO. 291-70-10.1 (HUD PROJECT
NO. TEX-OSC- 85 DL), $36,663.05 BEING FOR THE CONSTRUCTION CONTRACT, AND $1,836,95
FOR CONTINGENCIES; AND $56,500 IS APPLICABLE TO ELGIN PARK, PROJECT NO, 291-64-4
(HUD PROJECT NO. TEX-OSC-36 DL), $53,778.59 BEING FOR TEE CONSTRUCTION CONTRACT,
AND $2,721,41 FOR CONTINGENCIES; AND DECLARING AN EMERGENCY.
Minutes
Regular Council Meeting
March 29, 1972
Page 8
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Ayes"
RESOLUTION NO. 10778
RESOLUTION WHEREBY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS AUTHORIZES THE
COASTAL BEND COUNCIL OF GOVERNMENTS TO ACT AS ITSPURCHASING AGENT FOR THE
PURCHASE OF LAW ENFORCEMENT EQUIPMENT FOR THE CORPUS CHRISTI POLICE DIVISION
AS A PART OF A REGIONAL LAW ENFORCEMENT PROJECT TO IMPLEMENTED IN THE COASL
BEND' REGION AND WILL DEPOSIT THE REQUIRED 25 PERCENT CASH MATCH WITH THE COASTAL
BENDt7OUNCIL OF GOVERNMENTS UPON REQUEST; AND DECLARING AN EMERGENCY.
The Charter.;Rule was suspended and the foregoing resolution was passed by the following
vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting
"Aye".
Mayor Sizemore asked for petitions from the audience on matters not scheduled on the
Agenda.
Mr. W. H. Stahl, 4901 Kostoryz, read a statement he hod prepared regarding his previous
zoning applications, and his harrassment and discrimination in his dealings with voriojs people in
this City, and also the information he had gathered from Mr. Alton White, City Tax -Assessor
Collector regarding certain tracts of land in this City and their taxes.
Mr. Carl Duaine, 1624 Craig,., appeared before the Council in regordlto drainage in the
Mediterranean Drive area, stating that every time it rains, they are inundated with water, He
pointed out that Mediterranean Drive is approximately 800' from Lagutra Shores and some type of
drainage is needed for this area. He stated he had already discussed the problem with Mr. Lantos
and City Manager Townsend agreed that the matter is in the process of being waived.
Mr. Townsend stated if drainage facilities can be installed, there will be- a proration of
cost involved, but that he will study the question and bring a recommendation to the Council next
week on this matter.
Commissioner Gonzales questioned the payment for drainage problems in Flour Bluff and
Mr. Townsend explained that most of the funds allocated was already committed to projects.
The City Manager explained that the City Platting Ordinance does not provide any obligation
on the port of the City fo fund drainage development under circimstances such as Mr. Duaine's.
Minutes
Regular Council Meeting
March 29, 1972
Page 9
Commissioner Gonzales questioned that if a bond issue is presented and does net pass,
do the people have to pay for the drainage themselves, and the City Manager proceeded to explain
drainage problems and what the City Platting Ordinance provides for development of these areas.
Mayor Sizemore stated he had in his possession a petition that had been presented at his
office pertaining to the use of City facilities for the showing of "Hair", He explained that his
office had received several telephone calls in addition to this petition protesting the City allowing
this production to be performed locally. City Manager Townsend advised that the City Code delegates
to Mrs. Brown, Coliseum Manager, the authority to execute contracts on behalf of the -City for various
meetings, shows, etc. to be presented at the Coliseum, and the policy of the City has been that
unless public safety is involved, or the Manager has reason to believe a contract would not be
advisable, the building is available on a first come, first served basis, and on that basis, the
Coliseum Manager had no reason not to allow the production of "Hair" to be performed at the
Coliseum. The Council made no comment on this petition. (Petition #5-72)
City Manager Townsendand City Attorney Riggs did presentl$o the Council copies of Court
decisions regarding performances of this type.
There being no further business to come before the Council, the meeting was adjourned at
3:15 p.m., Wednesday, March 29, 1972.
I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the foregoing
minutes, same being for the period of March 1, 1972, through March 31, 1972, inclusive, and
having been previously approved by Council action,
reby approved.
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II
RONNIE SIZEMORE, M
City of Corpus Christi, die