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HomeMy WebLinkAboutMinutes City Council - 06/07/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 7, 1972 3:00 P.M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas . A. Bonniwel I Commissioners: Roberto Bosquez, M.D. Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring • Mayor Sizemore called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by The Reverend Milton Bohmfalk, Pastor of South Bluff United Methodist Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Stark, seconded by Bosquez and passed, that the absence of Commissioners Branch and Gonzales, be excused for just cause. The Minutes of the Special Meeting of May 23, 1972, held at Austin School, and the Regular Meeting of Moy 24, 1972, were approved as presented to the Council. Mayor Sizemore proclaimed June 9, 1972, as ROMANA BANUELOS DAY, in the City in recognition of Mrs. Banuelos being the sixth woman, and first of Mexican -American descent, to occupy one of the oldest posts in the Federal Government, that of Treasurer, and cited by President Nixon for her "exceptional initiative, perseverance and skill" and successful career as a self-made businesswoman. Bids were opened and read by Chief Engineer Jerry Smith for Lexington Park, Pine and Pueblo Park, and T. C. Ayers Parking Lot Improvements divided into three contracts, as follows: (1) Irrigation Contract: South Texas Lawn Sprinkler; (2) Landscaping Contract: Bob's Nursery & Landscaping Service, Currie's Seed Company, and Turner Landscape; (3) General Contract: E. J. Netek. 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. Bids were opened and read by Chief Engineer Jerry Smith for the Police Division Impounded Vehicle Storage Area from the following firms: Chapman Construction Company; Creative Constructors; Heldenfels Brothers; and Fowco 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. 111 e • Minutes Regular Council Meeting June 7, 1972 Page 2 City Manager Townsend stated that the bid opening for Richter Street Area Street Improvements (Richter, from Padre Island Drive to past Sokol Drive; Sokol Drive, from Richter to Kostoryz; Milo„ Johanna, and Sacky from Richter to Ayers; Hygeia, from Ayers to Municipal Service Center), which was scheduled for June 7, 1972, had been changed by addendum to June 14, 1972, in order to provide three readings. Motion by Bonniwell, seconded by Bosquez and passed, that the opening of bids for Richter Street Area Street Improvements be rescheduled for June 14, 1972, as recommended by the City Manager. Mayor Sizemore reported that Mr, Robert Thorpe who was formerly on the Legal Aid Staff, had accepted a position on the Staff of the District Attorney and is no longer qualified to represent the Legal Aid Society on the Human Relations Commission; that Director Wm. Shireman had submitted the name of J. Grant Jones to replace Mr. Thorpe, and asked for Council approval of this appointment. Motion by Lozano, seconded by Stark and passed, that Mr. J. Grant Jones be appointed to replace Mr. Robert Thorpe to represent the Legal Aid Society on the Human Relations Commission. Mayor Sizemore announced the public hearing on the request of Mr. Mark Bratton for contractual annexation of Nottarb Place 03. City Manager Townsend reviewed the background of the request, stating that Mr. Bratton had indicated by letter willingness to annex Nottarb Place #3 providing they could get water service to Nottarb Place 01 and 02, and agreed to deed restrict Nottarb Place 02 and make the City a party to the deed restrictions to require compliance with all City building regulatory codes, that it is his recommendation that the Staff be instructed to prepare a contract for con- tractual annexation of Nottarb Place 03. No one appeared in opposition to the foregoing request for contractual annexation. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Stark, seconded by Lozano and passed, that the recommendation of the City Manager be concurred in and that the Staff be authorized to proceed with contractual annexation of Nottarb Place 03. • • Minutes Regular Council Meeting June 7, 1972 Page 3 Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend presented the following requests and recommendations: a. That the date of June 28, 1972, at 4:30 p.m., Special Meeting, be set for a public hearing on the following zoning applications: (1) Manuel N. Cantu, Jr. - from "R -IB" to "B-1", located on the northwest corner of Cleo Street and Baldwin Boulevard. (2) Morris Lichtenstein, Jr. - from "R -IB" & "B -I" to "B-4" on TRACT A, and "R -IB" to "A -I" on TRACT B, both tracts located on the northeast corner of South Staples and Barry Streets. (3) February Investments, Inc. - from "R -IB" to "A-2", located northeast of South Padre Island Drive and northwest of Old Brownsville Road. b. That the authority to receive bids for rustproofing 78 motor vehicles be approved. These vehicles represent the City's requirements of new motor vehicles for 1971-72 which will be driven for five years or longer. This does not include motor vehicles purchased for Police use. There are 11 possible bidders. c. That the bids on the San Juan, Clarkwood, and McNorton Sanitary Sewers be received at 3:00 p.m., June 21, 1972, rather than 3:00 p.m., June 14, in order to allow general contractors sufficient time to prepare their bids. d. That the construction of the Corpus Christi Museum Building No. 2, be accepted as substantially complete and that final payment, less a retainage of $5,000,00, be made to the contractor, A & A Construction Company. The project is complete with the exception of hand/guard rails around the glass panels in the entry and minor items. Total construction cost is $514,451.75 and the payment requested being $59,964.10. e. That the speed limit in school zones be increased from 15 mph to 20 mph effective September, 1972. School speed limits in most other pities are 20 mph and above. The Traffic Safety Advisory Board concurs with this recommendation, and Cmdr. C. C. Hagan also feels the increase is warranted. f. That a permit to drill in State Tract 390, Well #I in Corpus Christi Bay, by independent operator Perry R. Bass of Fort Worth, be approved. The application is in compliance with Interim Ordinance No. 10,048 governing the Bay area annexed November 18, 1970. The well is located 467 feet from the southeast line and 2640 feet from the southwest line of State Tract 390, inutes Regular Council Meeting June 7, 1972 Page 4 and is to be drilled as a straight hole to a depth of 12,000 feet from a regular location, with no exceptions requested. The location is approximately five miles southeast of Ingleside and ore mile west of Mustang Island. g. That the City Manager be authorized to execute a contract with Corpus Christi Independent School District for preparation of lunches to be served to participants in the USDA Children/Nutrition Program. This nutritions program has been funded by the United States Department of Agriculture for $92,800. h. That the City state its agreement for interlocal assistance of law enforcement officers during emergencies. The City will thus have authority to request outside law enforcement assistance from other governmental agencies when a major threat, man-made or natural, could affect the City. In turn, it would provide that the City of Corpus Christi would make its law enforcement personnel available during emergencies which could occur in other cities or counties. i. That eminent domain proceedings be filed to acquire Parcel No. I, owned by the Heldenfels Family, for the Gardendale Storm Sewer Project. This parcel is needed for the construction of storm sewers in the Gardendale area to commence some time this summer. j. That an agreement be authorized between the City and Saratoga Land Company whereby Saratoga Land Company will construct 1,150 feet of 6 x 10 reinforced concrete box in the drain ditch southeast of Saratoga and Everhart Road, and construct a 45' wide pavement for approxi- mately 1,200 feet of Everhart Road south of Saratoga in accordance with the City's requirements, and the City in turn will deed the right-of-way over the reinforced concrete box to Saratoga Land Company, pay up to $5,460.00 for engineering fees for the construction of the box, waive the bridge requirement at Sanders Drive and the drainage ditch, and agree that no additional park requirement will be made to Saratoga Land Company as a result of deeding the drainage right-of-way back to them. k. That a revocable easement to Republican National Life Insurance for Blocks 4 and 5 of the Corpus Christi Beach Hotel Addition and to Shoreline Corporation for Block A, Brooklyn Addition, for the purpose of constructing a temporary groin to control erosion, be approved. toes Regular Council Meeting June 7, 1972 Page 5 • I. That the City Manager be authorized to execute a restrictive covenant to be filed in the Deed Records of Nueces County, with reference to Open Space to prohibit oil or gas drilling on all land acquired with HUD assistance for Open Space purposes, and the sale, lease, or mortgage of such property without HUD approval. Properties included are the Bayfront, Elgin, Hillcrest, Hudson Acres and Greenwood Parks. Motion by Bosquez, seconded by Stark and passed, Bonniwell voting "Nay" on Item "e that the City Manager's Reports, Items "a" through "1" be accepted, and that the requests and recommendations be granted and approved as presented. Mayor Sizemore asked that it be noted that he voted "Aye". City Manager Townsend presented the pending item of the request of Great Western. Corporation to close a portion of Airline Road abutting Lot 1 of resubdivision of the west 1/2 of Lot 26 and a portion of Lot 27, Section 13, Flour Bluff & Encinal Farm & Garden Tracts, being 20' wide and running 914.72 feet on Airline Road. He explained that a public hearing was held on the request May 17, 1972; that the hearing was closed and tabled for further considera- tion of a revocable fence easement. He stated it is his recommendation that the revocable easement be granted on the west 20 feet of the Right -of -Way adjoining the property for the purpose of constructing, maintaining and repairing fences, sidewalks, curbs, gutters,gateways and appurtenances upon the easement. Motion by Lozano, seconded by Stark and passed, that the recommendation of the City Manager be concurred in and that an ordinance be brought forward granting a revocable easement on a portion of Airline Road abutting Lot 1 of resubdivision of the West 1/2 of Lot 26 and a portion of Lot 27, Section 13, Flour Bluff and Encinal Farm & Garden Tracts for the purpose of constructing and maintaining fences, sidewalks, curbs, gutters, gateways and appurtenances upon the easement. City Manager Townsend reviewed the ordinances which appeared on the printed agenda and recommended that they be approved as presented. Mr. Walter Chastain, speaking as a private citizen and former Municipal Court Prosecutor, opposed the recommendation that the speed limit in school zones be increased from 15 mph to 20 mph. He stated that tickets for speeds in excess of 9 mph above the posted zone rarely are issued, pointing out that the present 15 mph limit is actually about 25 mph limit, and increasing • • Minutes Regular Council Meeting June 7, 1972 Page 6 the posted limit to 20 mph would only allow motorists to drive at a higher speed in these zones; that the time saved by motorists in allowing the increase is not justified in view of the risk to children's lives. City Manager Townsend stated that the 20 mph limit is comparable to other Texas cities; that it would make the traffic laws more enforceable; and is concurred in by both the Police Department and the Traffic Safety Advisory Board. Mayor Sizemore stated he would like to hear the position of the Traffic Safety Advisory Board and the Police Department before the ordinance is presented for first reading. City Manager Townsend stated that to defer the ordinance for one more week would not present a problem and that Cmdr. Hagan and Traffic Engineer Stewart would be asked to appear and state their views. Motion by Stark, seconded by Bosquez and passed, that the ordinance relative to increasing the speed limit in school zones be postponed for one week. ORDINANCE NO. 10894 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING THERETO UNDER SECTION 21-155, SCHEDULE 111, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON GOLLIHAR ROAD FROM A POINT 380 FEET WEST OF KOSTORYZ ROAD TO A POINT 380 FEET EAST OF KOSTORYZ ROAD, BOTH SIDES; AND AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON GOLLIHAR ROAD FROM A POINT 380 FEET WEST OF CARROLL LANE TO THE INTER- SECTION OF DODY STREET, BOTH SIDES; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10895 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A USE PRIVILEGE AGREEMENT WITH AQUASPORTS, INC., FOR THE OPERATION OF OUT- BOARD MOTORBOATS IN THE CORPUS CHRISTI MARINA, FOR A TERM OF THREE (3) YEARS, BEGINNING JUNE I, 1972, ON THE TERMS SET OUT IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. 7vlinutes Regular Council Meeting June 7, 1972 Page 7 • SECOND READING OF AN ORDINANCE AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", OCHE CORPUS CHRISTI CITY CODE,; 1958, AS AMENDED, BY ADDING THERETO EIGHT NW ITEMS SO AS TO HAVE THE EFFECT OF PROHIBITING PARKING AT VARIOUS INTERSECTIONS ON SOUTH PADRE ISLAND DRIVE, ON AVALON STREET, SOUTHWEST SIDE BETWEEN ROBERT DRIVE AND EVERHART AND ON GOLLA AVENUE EAST SIDE FROM UpRIVER ROAD TO A POINT 250 FEET SOUTH OF UpRIVER ROAD, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-69 BY ADDING ITEMS THERETO SO AS TO DECREASE THE SPEED ON PORTIONS OF THE FOLLOWING STREETS TO 20 MILES AN HOUR AT ALL TIMES: PAINTER DRIVE, ROOSEVELT STREET, SOUTHGATE DRIVE, EAST DRIVE, BLANCO CT., AND ROJO STREET; AMENDING SECTION 21-152, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE HIAWATHA STREET, BETWEEN MORGAN AND BALDWIN ONE-WAY; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. SECOND READING OF AN ORDINANCE AMENDING SECTION 1 AND SECTION 2, ORDINANCE NO. 9563, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 26, 1969, BY ESTABLISHING RATES OF FARE FOR TAXICABS FOR ONE OR MORE PERSONS AT FORTY-FIVE CENTS (45) FOR THE FIRST ONE-FIFTH (I/5) OF A MILE OR FRACTION THEREOF, AND TEN CENTS (10) ADDITIONAL FOR EACH SUCCEEDING ONE-FIFTH (1/5) OF A MILE OR FRACTION THEREOF, AND PROVIDING FOR WAITING TIME FARE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10896 AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN 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 CONSTRUCTION OF GARDENDALE AREA STORM SEWER HUD PROJECT WS -TX -06-59-1017 AND OTHER MUNICIPAL PURPOSES, BEING PROJECT NO. 296-70-2, PARCEL NO. 1; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, H. C. HELDENFELS, J. R. HELDENFELS AND F. W. HELDENFELS, JR., INDIVIDUALLY AND AS INDEPENDENT EXECUTOR OF THE ESTATE OF F. W. HELDENFELS, SR., AND RAE ORMS HELDENFELS, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. •inutes • Regular Council Meeting June 7, 1972 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10897 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO REPUBLIC NATIONAL LIFE INSURANCE COMPANY TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING ALL OF BLOCKS 4 AND 5 OF THE CORPUS CHRISTI BEACH HOTEL ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAID PERMIT BEING 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, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10898 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE PERMIT TO SHORELINE CORPORATION TO OCCUPY A PORTION OF NORTH SHORELINE DRIVE ABUTTING BLOCK A OF A REPLAT OF BLOCKS 14, 15, 16, 17, 30, 31 AND 32 IN BROOKLYN ADDITION, FOR THE PURPOSE OF CONSTRUCTING TEMPORARY GROINS TO CONTROL EROSION OF THE PRIVATE AND PUBLIC PROPERTY, A COPY OF SAID PERMIT BEING ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Chqrter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. RESOLUTION NO. 10899 AUTHORIZING THE CITY MANAGER (PURSUANT TO ARTICLE 999b, VERNON'S TEXAS CIVIL STATUTES) TO MAKE PROVISION FOR REGULARLY EMPLOYED LAW ENFORCEMENT OFFICERS TO ASSIST OTHER GOVERNMENTAL AGENCIES DURING TIMES OF EMERGENCY, PROVIDING THAT LAW ENFORCEMENT OFFICERS OF OTHER ENTITIES 50 ASSIGNED TO THE CITY ARE PEACE OFFICERS OF THE CITY AND UNDER COMMAND OF THE CHIEF OF POLICE; PROVIDING THAT SUCH CITY PEACE OFFICERS SHALL BE ENTITLED TO THE SAME COMPENSATION WHEN ORDERED OUTSIDE THE CITY LIMITS AS WITHIN THE CITY LIMITS; PROVIDING FOR REIMBURSEMENT OF EXPENSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10900 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE PREPARATION AND DELIVERY OF LUNCHES TO THE CITY RECREATION SITES IN THE SPECIAL FOOD SERVICE PROGRAM FOR CHILDREN IN ACCORDANCE WITH THE ATTACHED CONTRACT WHICH IS utes ular Council Meeting June 7, 1972 Page 9 • MADE A PART HEREOF BY THIS REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. RESOLUTION NO. 10901 AUTHORIZING CITY MANAGER TO EXECUTE A RESTRICTIVE COVENANT ON CERTAIN PARCELS OF LAND, AND ON ANY PARCEL OR PARCELS OF LAND ACQUIRED BY THE CITY OF CORPUS CHRISTI FOR OPEN SPACE PROJECTS WHICH ARE ACQUIRED WITH ASSISTANCE OF FEDERAL FUNDS THROUGH THE OFFICE OF HUD, TO INCLUDE BUT ARE NOT LIMITED TO THE FOLLOW- ING: BAYFRONT PARK, ELGIN PARK, HILLCREST PARK, HUDSON ACRES PARK, AND GREENWOOD PARK; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10902 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SARATOGA LAND COMPANY PERTAINING TO THE COMPANY'S OBLIGATION IN CONSTRUCTING A DRAINAGE DITCH AND PAVING SAID AREA AND THE CITY'S OBLIGATIONS RELATING TO DRAINAGE, STREET AND BRIDGE IMPROVEMENTS IN THE DEVELOPMENT OF COUNTRY CLUB ESTATES SUBDIVISION SOUTH OF SARATOGA BOULEVARD, ALL IN ACCORDANCE WITH THE ATTACHED AGREEMENT, MARKED EXHIBIT "A", WHICH IS MADE A PART HEREOF BY THIS REFERENCE; APPROPRIATING OUT OF 220 STREET BOND FUND $5,460 FOR THE CITY'S PORTION OF ENGINEERING FEES RELATED TO THE BOX CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. ORDINANCE NO. 10903 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT IN CERTAIN HEREINAFTER DESCRIBED RIGHT OF WAY IN AIRLINE ROAD TO GREAT WESTERN CORPORATION IN ACCORDANCE WITH THE ATTACHED EASEMENT AND AGREEMENT WHICH IS INCORPORATED HEREIN BY THIS REFERENCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Lozano, and Stark, present and voting "Aye"; Branch and Gonzales were absent. City Manager Townsend presented the pending matter of the request to close portions of Dickinson and Bushick Street, Beach Hotel Addition, on which a public hearing was held April 4, 1972, hearing closed and tabled to be discussed at the April 26th Workshop Meeting, and further tabled until June 7, 1972. Mr. Townsend stated he could not recommend any • • Minutes Regular Council Meeting June 7, 1972 Page 10 action at this time as it was his understanding that the applicant does not desire to pursue the matter further and that a letter officially withdrawing the request had been promised. He stated the matter is still tabled pending receipt of a formal letter of withdrawal. Mayor Sizemore called for petitions or information on matters not scheduled on the agenda. Mrs. Joan Urban, Executive Vice -President of the Society for Prevention of Cruelty to Animals, appeared and spoke in connection with the recent developments concerning cancellation of the City's contract with the Gulf Coast Humane Society, and made the following requests: (1) that the Council take steps to create an Animal Welfare Board to be composed of representatives from the Gulf Coast Humane Society, the City, and the SPCA, for the purpose of working together for a feasible solution for rehabilitation of the animal pound; (2) that the matter of making a new lease for operation of the pound be tabled until further correlation of these groups. She stated the SPCA would donate a considerable sum of money and offered personnel assistance. City Manager Townsend explained that the City is in receipt of a letter from the Gulf Coast Humane Society giving 30 days notice of their desire to cancel their present contract; that no action will be taken until the matter of rental has been resolved, and that a recommendation will be included in the 1972-73 Budget as to the operation of the pound. He stated it is doubtful that there will be any substantial funds available for manpower; that the Humane Society has been subsidized to some extent, and that some personnel will have to be replaced, plus food cost and fees. He stated that the City would welcome any assistance from these organizations which would improve the facilities, and that the Staff would cooperate to work out a solution. Mr. Louis J. Riek, 1113 Dunn Lane, presented a petition containing signatures of 113 persons living in the area of the pound, and requested that the facility be removed from this area to another location. He complained of obnoxious odors, noise from barking dogs at all hours of the day and night, and sick animals which have been dropped and left to stray into the yards and under houses of the residents. He played a tape recording of the barking dogs. He stated that these conditions have become unbearable, are a health hazard, and that there is inhumane treatment of the animals. He explained that at least 1,000 animals are • f • Minutes Regular Council Meeting June 7, 1972 Page 11 brought to the pound a month and at least 90% of these are destroyed by a burning process which accounts for the obnoxious odors. (Petition #14-72) Mrs. M. M. Conolly, 1202 Dunn Lane, joined Mr, Riek in the complaint stating that she had twice been attacked by stray animals which she had reported to the Police Department and the City -County Health Director, City Manager Townsend and Mayor Sizemore agreed that the residents have legitimate complaints and stated'their petitions would receive consideration from the Staff and Council. Mr. Townsend explained that the area is presently zoned "1-2" Light Industrial District, which means if the pound were moved to another area, some other operation could be established under this classification which could be even more undesirable. He urged the residents to contact the Planning Staff for initiation of zoning changes in this area which would be their only protection. He further pointed out that it would take six months and $100,000 to find a new suitable location for the pound which he could not recommend. Mrs. E. J. Moore, President of the Hillcrest Neighborhood Improvement Association, 2816 Moore, appeared in protest of the conditions of the streets in the storm sewer and street construction project presently under way under the Code Enforcement Program in the Hillcrest area. She complained of the manner in which the contractor is carrying out the contract; stated there is no coordination between the workers and the City's water and Gas crews; that there are approximately ten miles of streets included in the overall project, and not one single block or street has been completed, some of which have been in this condition for as long as five months. She complained that City crews and the contractor's crews have left debris, pipe, and other construction materials since the work started in August of 1971; that there are stagnant ponds of water, mudholes, mosquitoes, and deep ditches. She stated cars were being damaged, and children were being subjected to hazards. She commented that at the present rate of progress it will take another 240 working days to complete the project. She compared the progress of this work to that of the Molina Project, stating it had been completed in less time and much less inconvenience to the residents. Mrs. Moore presented a petition containing signatures of approximately 300 names in support of the complaint requesting that the contractor be required to complete the work already started before others • • Minutes Regular Council Meeting June 7, 1972 Page 12 are begun; to restore the streets not immediately scheduled for paving; req,°re workers to remove debris and building materials; require contractor to remove the dirt covering tie rtcrrn newer outlets; and during inclement weather, provide necessary equipment and personnel to extricate vehicles from ditches. (Petition #15-72) Mr. Ernest Carter, representing the Social Action Committee of the Holy Cross Assembly, appeared and filed a statement from the Church in support of the petition filed by the H"11rrect Neighborhood Improvement Association. (Council Exhibit #5-72) Mr. Carter complained that letters and telephone calls of protest to the Staff and Council had not been am,wered, and that this had been taken as evidence of the lack of interest on the part of the Staff and Council in the welfare of that part of the community. The statement complained of the "patchwork" manner of construction; poor workmanship with sidewalks and curbs unaligned; deep open ditches and holes with no warning lights or flares; no attempt to make the streets usuable during construction; and no attempt to drain the stagnant water. Mr. Carter requested that these conditions be corrected where possible, and that a timetable of the work schedule for completion of the work in Hillcrest be furnished. He stated that in addi- tion to the inconvenience to the residents, businesses are suffering due to the lack of access. City Manager Townsend stated this lack of notification of meetings was an oversight and would not happen again. He stated he is aware that there is a serious problem in Hillcrest; that the City is not satisfied with the quality or progress of the contractor; that the work is lagging but is still within the total alloted time allowed for completion; that the City has three inspectors on the job all the time and also has opened a field office where meetings have been held on three occasions with the residents. He stated that he had responded to the letters by sending someone from the City Staff to investigate, but apparently the word did not get back to the persons making the complaint. Mr. Townsend explained the complexities of the project stating that it was more complex than the Molina improvements. He explained the work schedule in three phases and pointed out areas where paving wi!l be started within the next two or three weeks which will alleviate some of the problem of the streets. He stated the City had had a problem of barricades being tom down or pushed around by passing vehicles. He promised to meet with individuals or groups represented at this • • Minutes Regular Council Meeting June 7, 1972 Page 13 meeting, at their convenience, to try to correct some of the problems and try to present a firmer timetable. He stated that the contractor will be asked to correct all substandard work; tr:at he personally will ride through the area with individuals or representatives of groups to investigate situations complained of to see if the City Water and Gas crews have been negligent in leaving debris and hazards, and if so, that will be corrected immediately. City Engineer Jerry Smith described in detail the plans and specifications of the overall project and the progress of the work so far. He presented Mrs. Moore and Mr. Carter with a copy of the Staff timetable, and commented that this is a tremendous project and cannot be compared equally with the Molina project in that it is an entirely different type of contra -t. He stated that his office has a voluminous file on complaints from the Hillcrest residents on which his office has responded. Mrs, D. E. Schroeder, owner of a meter and coin operated laundry on Van Loan Street complained that she had been inconvenienced for some time relative to the delay of setting the water meters and that her business had suffered because of the condition of her driveway. Commissioner Bosquez pointed out that the problems expressed here are the problems of the Council, the City Staff and the Contractor, commenting that his business had been subjected to a similar situation for six months when Gollihar Road was recently paved. He pointed out that the City Inspectors and other members of the City Staff had spent three or four times the time and effort on the Hillcrest project than had been spent on Molina; that the same inconvenience was experienced when Ocean Drive and Louisiana were paved, and that when the work is completed all will benefit for years to come. Mayor Sizemore expressed interest and deep concern for the inconvenience to which the residents are being subjected; stated that he had driven through the Hillcrest area and noted that the work has not progressed as it should, and that he was ready to work with the Staff it any way to help; that his office and home telephone lines are open at all times to citizens of the City and will respond to all complaints. There being no further business to come before the Council, motion by Bonniwell and passed, that the meeting be adjourned at 6:05 p.m., June 7, 1972.