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HomeMy WebLinkAboutMinutes City Council - 08/23/19721 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 23, 1972 3;00 P. M, PRESENT; Mayor Pro Tem Charles A. Bonniwell Commissioners; Roberto Bosquez Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Hall, City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Pro Tem Bonniwell Galled the meeting to order in the Council Chamber of the The Invocation was given by The Reverend A. Arnott Ward, Pastor of Jackson Woods Presbyterian Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Bosquez, seconded by Stark, and passed, that the absence of Mayor Sizemore and Commissioner Branch be excused for just cause, The Minutes of the Regular Meeting of August 9, 1972, at 3:00 p.m., and of the Special Meeting of August 9, 1972, at 4:30 p.m.were approved as furnished to the Council. Mayor Pro Tem Bonniwell proclaimed August 27 through September 2, 1972, as TEXAS PUBLIC EMPLOYEES WEEK, in recognition of the service rendered by public employees across the State of Texas and more especially by the public employees in Corpus Christi; and proclaimed Friday, August 25, 1972, as GABE LOZANO, SR. DAY, in recognition of his long and impres- sive record of contributions to the community, including government, civic, and religious fields; the first man of Mexican -American ancestry to be elected as Mayor pro Tem, and whose length of service on the City Council exceeds any other person of such heritage. Pursuant to the Council action that the Pork Board membership be increased from seven to ten members, Mayor Pro Tem Bonniwell nominated for appointment the following: Arturo Delgado, Mrs. E, A, Durham, !!, and Mary Lou Hoffman; for reappointment: Ralph L. Martin (*Chc,irman), ,Mrs. Joe Boggs (Vice -Chairman), and Robert Moorman; and appointment of ,John : rill n vacancy. Motion by Gonzales, seconded by Lozano, and passed, that the foregoing nominations for appointments and reappointments to the Park Board be approved and confirmed. Mayor Pro Tem Bonniwell announced the opening of bids. • • Minutes Regular Council Meeting August 23, 1972 Page 2 Bids were opened by Director of Engineering Services for the Mayfield-Starlite Lane Areq Drainage Improvements, from the following firms: King Construction Company; Heldenfels Brothers; Burtex Constructors; R. S. Block; and W. T. Young Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Chorter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Bonniwell announced the public hearing on the appeal of Mrs. Pauline Flores of a decision of the Building Standards & Housing Board of Appeals, which hearing was scheduled to be heard August 16, but deferred pending further notification of the appellant and her attorney. On recommendation of the City Manager, it was agreed that Mrs. Flores' attorney present the oppeal and that the Staff would then state its position. Mr. Albert Huerta, attorney representing Mrs. Flores, stated they were appearing before the Council to present a specific problem but that the question of condemnation of sub- standard buildings is a proiblerrm throughout the City. He described Mrs. Flores as being an elderly person in very poor circumstances whose husband is disabled and unable to work; that people in this situation are forced to live in substandard houses and would repair them or move to another location if they were financially able to do so, and that substandard buildings have been a way of life for Mexican -Americans over the years. He stated that his client lives on Lot 12, Block 4, El Rey Subdivision; that on July 7, 1972, the Building Standards & Housing Board of Appeals ruled that the two rear houses located on the property were to be demolished and the lot cleaned in 30 days, and that work be begun to bring the front house up to standard within 60 days He stated he is not arguing that the buildings are not substandard and in need of repair, but that he had personally inspected the property, and in his opinion, they are no different than many other buildings existing in the City, and that if the rules of the Building Code were applied strictly, the City would have to tear down about 25 per cent of the property 'ooated on the west side of the City. He stated he does not feel the City should condemn other M,reporty because they are poor, and that he is appealing to the "human conscience" of the Council to reverse the decision of the Board and allow these buildings to remain as they have for many years. Mr. Huerta explained that Mrs. Flores plans to convert ane of the houses in the rear a garage but that she is not financially able to do it immediately; that the other building • • Minutes Regular Council Meeting August 23, 1972 Page 3 is being rented so as to provide a livelihood; that they cannot be too concerned about repairing the buildings when they have to strive for an existence. He explained that the condition of the fences and the stacks of lumber in the rear do not interfere with the adjacent property, but agreed that some of the debris on the premises should be and will be removed as soon as possible. He requested that his client be given more time and Also any assistance available from Federal wel- fare programs. (Oil -gator of Neighborhood Improvement, Ron Stubing, presented the history of the case and made a full presentation of the City's position. He stated this property had been a matter of concern to the Staff for approximately six and one-half years; that the records go bock to 1965 and he hod personally been involved since 1969 and the situation has been unchanged. He stated it was obvious and agreed to by both the appellant and the Staff that the houses are substandard, and that 9!^,.e, only proaram available is the program to upgrade the entire community and the west side areas; that in so doing, concentration has been on substandard vacant houses; that the records show that these specific houses have been vacant except periodically occupied by a renter; and they are not owner -occupied, He confirmed the Building Standards and Housing Board of Appeals' unanimous recommendation of July 7, 1972, that the houses in the rear be demolished after four of the members had personally inspected the property; that statements are in the files of two members of evidence that neither of the houses were inhabited at that time; that his Stofff has not displaced a single person from his home through the Neighborhood improve- ment Program, but is their responsibility to see that vacant or dilapidated buildings are not a health hazard and do not become a blight on the area, and that this is their only approach to remedy this situation and upgrade these neighborhoods. He stared the condition of the property is a health hazard of such a nature that it clearly does not belong in a residential neighborhood. He stated he had discussed the problem with the neighbors next door, and the inspectors have 'iisc?,ssed it with others in the neighborhood, and the feeling is unanimous thot they would like W $e4 the groneriy clecred. Mr. Stubing showed colored slides to show that other houses in the 2800 block of Agin Street are in good condition except this one eyesore which has been permitted to exist for many years, and that statements that a garage will be built have been made since 1969. He was • • Minutes Regular Council Meeting August 23, 1972 Page 4 questioned by the Council as to whether or not this action hod been taken against any other home- owner in the City. Mr. Stubing explained the policy of posting plackards on vacant substandard houses followed by on attempt to get the property owner to repair or demolish the building, and only in those cases where the property owner refuses to repair does the Staff order demolition. He stated there have been some 250 or 300 houses demolished and %'a hove always been vacant, He explained that this particular property was sold to Mrs. Flores a number of years ago on a Contract for Deed, but that the records show that she has a residence at 4833 McArthur, and this is not the principal residence of Mrs, Flores. He stated indications are that the subject property is presently being used far a "junk business," City Manager Townsend explained that Mr. Stubing has an extensive file on the history of the contacts mode by the Staff and the unsuccessful efforts to obtain compliance from Mr. ate A/1,. Flora„. Ne F.. -"shed tri,„ CQvncil with a copy of the full details. He explained that this was the first appeal of this nature during his tenure and that the Staff does take every precaution to avoid this kind of situation, Mr. Huerta questioned as to when the slides were taken. Mr. Stubing stated they were filmed in the last two or three weeks, He pointed out that if Mrs. Flores desired to fix up any one of the three houses for a residence, it would be acceptable as the aim of the Staff is to get the premises cleaned up and hove only one house on the lot to be in conformity with the remainder of the neighborhood. Mr. Huerta commented that some of the pictures shown were non-existent; that he foils to see how the City could condemn property and take away property that has not been paid far; and if she it buying on Contract for Deed, the property does not belong to her. He stated that on several occasions Mrs. Flores attempted to get permits to improve and repair the property and these permits were denied and that he does not know for what reason. He requested that the C.aEncil make a personal inspection of the property before making a decision because they are w;1' heir who is struggling to survive and not just with policies and regulations. He stated she does not live at 28i0 Elgin but rents the two front houses, and that the house in the book is being used for storage purposes and that a trucker is employed to pick up used appliances which he sells an a commission basis. He stated Mrs. Flores would like to improve • • Minutes Regular Council Meeting August 23, 1972 Page 5 the middle structure for rental purposes and would also be willing to repair the house located on the front of the lot. Motion by Stark, seconded by Lozano and passed, that the hearing be closed. Motion by Gonzales, seconded by Lozano and passed, that the foregoing matter be tabled for two weeks to yive the Council an opportunity to pers_ar;,l ly inspect the premises. Mayor Pro Tem Bonniwell recognized Dr. Hector P. Garcia who thanked the Staff for a report which City Manager Townsend had furnished in response to his request earlier that six Westside schools be inspected for health and fire hazards. He commended both the City Staff and the School District, stating that the schools had benefited by the inspections. City Manager Townsend presented the request of the officials of the Parkdale State Bonk to close that portion of Parkdale Drive from Everhart to Staples subject to the dedication of right -o --wc,y ;cr $0r,>%,. Stg-ales and for ,- right turn lane from Everhart to South Staples. He explained that the bank officials had been interested for some time in ways and means of improv- ing the intersection at the corner of South Staples and Everhart as well as the appearance of the area. He explained that they have indicated willingness to help correct the existing problem by paying one-half the cost of the right -turn lane and related improvements up to $7,500, Rased on the preliminary cost estimates of the City Engineering Department that the right -turn yield lane might run as much as $15,000. Mr. Townsend provided the Council with copies of the request letter and pointed out on a map the contemplated improvements. He pointed out that from the Staff's point of view, it is desirable to eliminate the triangle bonded by Staples, Everhart, and Parkdale Drive,which is too small to develop into a business site, to insure that future commercial use (including billboards) would be prohibited and traffic congestion pre- vented He pointed out that traffic on eastbound Everhart Road is presently turning right on. Parkdale Drive in order to proceed South on Staples Street, and this movement would be made saf8:' and more orderly with a right -turn lone to separate this slower moving iraffic from the s"E'iisT t�7hro:rc�` rnov'ng trcffirt, also would discourage motorists on southbound Gollihar Road from using Parkdale Drive as a short-cut to reach Stoples Street. He explained that easements would need to be retained or the bank be asked to pay the cost of relocating any existing utilities. He pointed out that there were possibly tanks buried in the ground in the service • Minutes Regular Council Meeting August 23, 1972 Page 6 station area which may have to be removed. He stated it is the recommendation of the Staff that the request be granted, but the only question is the distribution of costs. Mr, J, F. Wakefield, representative of the bank, stated that the bank had purchased the triangle and it is their desire to close the street which would benefit both the City and the bank, He stated that the existence of the buried oil tanks has not been definitely determined, but Humble Oil Company indicated that if they were there they had been filled with sand. He stated the estimated costs appeared to be in line, and he did not feel the tanks would be a problem. 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 City Manager be concurred in and that that portion of Parkdale Drive located between Everhart and South Staples, north of Lot 1, Bank Park Plaza, be closed subject to the dedication of rightr'sf-way for Sooth 7topies and for a right -turn lane from Everhart to Staples, and subject to a cantraat being executed for the joint sharing of costs to make the indicated improvements. Mayor Pro Tem Bonniwell called for the City Manager's Reports. City Manager Townsend mode the following requests and recommendations: a, That o contract be awarded to C. C. Photo Print Co., Corpus Christi, for $3,727,53, to furnish the City's 1972-73 requirements of Blueprint Service on the basis of low bid, bids honing been received from five firms. (Bid Tabulation #37-72) b. That Bid Award for the Ci ty's 1972-73 requirements of Warehouse Supply items be made the following firms on the basis of low bid meeting specifications: (Bid Tabulation #38-72) Brance-Krachy Co., Inc. Corpus Christi - (Lots I, V, VI) Sweeco, Inc., Corpus Christi (Lot II) Copus Christi Fire & Safety, Inc., Corpus Christi - (Lots III, IV, VIII) Alamo iron Works, Corpus Christi (Lot VII) GRAND TOTAL $11,751.61 783.60 4,399.10 485.33 $17,419.64 The three low bids on Lot II do not meet specifications as they are quoting a glove manufactured by the Best Mfg. Co. which, according to tests conducted by the Gas Division, do not meet standards of heat resistance required. The low bid on Lot IV does not meet specifi- :ons as they are bidding o PVC coated nylon stormsuit, whereas our specifications call for • Minutes Regular Council Meeting August 23, 1972 Page 7 neoprene coated nylon material. No bids were received on Lot IX. Our requirements on this Lot will be purchased as needed. Bids were received from 11 firms, and the above prices reflect an increase of ,4% over 1971-72. c. That bid award for the City's 1972-73 requirements of Water Meter Repair Parts be made to the following firms on the basis of low bid; (Bid Tabulation #39-72) Park Son Meter Parts, Inc, La Mirada, Calif. (Lot I) Rockwell Mfg, Co., Houston (Lot II) Gamon-Calmet Ind,, Inc,, Florence, Ky. (Lot III) Muesco, Houston (Lots IV & VI) Neptune Meter Co., Atlanta, Ga. (Lot V) Badger Meter, Inc., Milwaukee, Wisc. (Lot VII) Crane Co., Rogers, Arkansas (Lot VIII) Carlon Meter Sales, Houston (Lot IX) GRAND TOTAL $47,874.11 6,330.27 3,063.60 1,358,67 340.00 844.54 1,347.50 2,312.34 $63,471.03 Bids were received from eight firms. A price comparison cannot be established as this is a new contract, d. Thot bid award for the City's 1972-73 requirements of Printing Papers and Sta- tionery Stores Items be made to the following firms on the basis of low bids: Century Papers, Inc., Corpus Christi (Lot I & Lot II) Federal Envelope Co., San Antonio (Lot III) Maverick -Clarke Co„ Corpus Christi (Lot IV & Lot V) GRAND TOTAL $12,585.20 :,895.43 10,057,67 $24,538.30 Bids were received from eight firms and the above price reflects an increase of .4% over last year's prices. (Bid Tabulation #40-72) e, That the bid award for the City's 1972-73 requirements of Water and Sewage Treating Chemicals be made to the following firms on the basis of low bid: (Bid Tabulation #41-72) (Item 2 determined by casting of lots.) Round Rock Lime Co., Round Rock, Texas - (Item 1 - Calcium Oxide Pebble) Austin White Lime Co., Austin,. Texas - (Item 2 - Calcium Oxide Powdered) McKesson Chemical Co., Corpus Christi - (Item 3 - Ferrous Sulfate, Item 4 - Sodium $ilico- flouride, Item 5, - Ferric Chloride) P_P.G, Industries, Corpus Christi ( (Item 6 - Liquified Chlorine (Tank Cars) Item 8A - Liquified Chlorine (CyIs.) GRAND TOTAL $ 88,648.80 6,912.00 41,520.60 105,891,75 $242.973.15 • • Minutes Regular Council Meeting August 23, 1972 Page 8 It is recommended that all bids received on Item 10 be rejected as the rapid develop- ment of this new product requires more experimental work, Bids were received from eight firms. f. That contracts be awarded to the following firms for Traffic Control Equipment on the basis of low bid; (Bid Tabulation $42-72) Bids were received from eight firms, Signal Engineering Co„ Corpus Christi - (l,ots I, 11, III - Item 1 & IV) 3M Company, Dallas (Lot 111 - Item 2) Automatic Signal Div., Fort Worth (Lot V) GRAND TOTAL $31,215,60 5,850.00 2,471.47 $39,537.07 g. That the two bids for the City's 1972-73 requirements of Portable Chemical Toilet Service be rejected. The low bidder, Mov-A-Con Company has a history of unsatisfactory service on a previous contract for the 1970-71 Fiscal Year; the second bid represents exorbi- tant increase over the previous contract of 3$-1/3%; and authority is requested to rebid this service and receive bids on September 12, 1972 on an informal 3 -month's contract with options to extend, the ultimate gaol being lower prices and better service, (Bid Tabulation #44-72) h. That parking be prohibited on curb loading zones for all non-commercial vehicles. Enforcement of the existing ordinance is difficult because there is no distinction made between commercial and passenger vehicles and it is hard to legally prove that a passen- ger car is not parked in a loading zone for the purpose of unloading or loading freight. The movement of traffic is being impeded by trucks double parking in business areas because loading zones are filled by passenger cars getting 30 minutes of free parking. The revision was discussed at two Traffic Safety Advisory Board meetings and the Board concurs. i, That the City Manager be authorized to enter into a contract with the Community Development Corporation of Corpus Christi for the purpose of continuing the operation of a housing information and service center, which contract will provide CDC with City funds not to exceed $25,000 for one year, effective August 1, 1972, Funds are included in the City Cudgel. for 1972-73, j, That $460.00 be appropriated to cover the cost of demolishing and removing two structures and relocating a chain link fence in connection with improvements to the Staples -Baldwin Intersection, with every effort being made to recover the costs from the owner since removal of all obstructions is part of the owners' expense. The State Highway • • Minutes Regular Council Meeting August 23, 1972 Page 9 Department, which is partially funding this project, needs the right-of-way immediately as construction is ready to commence. k. That the reconstruction of Ben Garza Gymnasium be accepted as complete and that final payment of $25,291.50 representing the 10% retainage be made to the contractor, Floyd Cooper Construction Company, I. That the City Council concur with the Planning Commission's recommendation that no park dedication be required from the 215 acre Padre Island Golf Course. m, That CableCom-General be granted a twelve-month extension to their "substan- tially complete" deadline. They were granted a six-month extension in February and have made progress during this period of time. Monthly status reports of their operation have been reviewed since the extension in February and will continue until the installation is complete. n. That a contract be authorized with the Texas Water Development Board for a 12 -month study of the effect of fresh water inflow on Nueces and Corpus Christi Bays. The study is to be made by the University of Texas Marine Science Institute at Part Aransas under contract with the Texas Water Development Board at a cost of $42,510. 0. That a proposed 5 -year lease of 16.85 acres of undeveloped land in South Guth Park on the west side of Ennis Joslin Road to Curran L. Garrett for a turfgrass nursery not be granted; that the Park Board be requested to review the use of park land in connection with the request of the Qso Kickball League to use the property. p. That the City Manager be akthorized to accept a 5.512 -acre area out of Lots 12 13, Section 17, Flour Bluff & Encinal Form & Garden Tracts, located immediately north of Egyptian Place Unit #3, for land dedicated in lieu of a cash settlement of $1,740.83. The arca abuts the Qso Municipal Golf Course and in the future could be included in the expansion of the golf course as well as serving as a buffer area between the Oso Sewer Treatment Plant and the residential development to the west. q. That the City Manager be authorized to sign an application for the 1973 Library Services and Construction Act Grant, and 1973 membership in the Corpus Christi Area Library System under the Texas Library Systems Act, be authorized. The application states that the City will continue to serve as a Major Resource Center and will allow City expenditures • Minutes Regular Council Meeting August 23, 1972 Pogo 10 to be used to match federal funds. In developing the book collection special emphasis will be placed an Health, Education and Welfare priority. r. That q leave of absence for one year be granted to Pat Murphy, an employee at Greenwood Library, to allow him to attend the Graduate School of Library Science at the University of Texas in order to earn a Master's Degree in Library Science, the first 90 days of which leave will be granted with pay and the remainder without p -y which is in accordance With the requirements of the Compensation Ordinance. Mr. Murphy hos agreed to return to employment with the City for a period of not less than two years after completion of the degree. s, That the 300 and 400 Blocks of Chaparral and Lawrence Streets be closed to vehicular traffic from 7:30 p.m. Saturday, September 16, to 12:00 midnight Sunday, September 17, so that LULAC Ladies' Council #26 can sponsor a Fiesta Mexicana de Corpus Christi. The permit for the Fiesta will include the filing of satisfactory Liability Insurance, assurance that the City rcporty will be restored in the event of any damages,and adequate police will be provided. t. That the City Manager be authorized to execute contracts for Landscaping Improvements for the Museum Area, to R. S. Black far the General Contract with $33,200.00 gpprapriated, including $32,879.45 for construction contract and $302.55 for contingencies, and to Turner Landscape, Inc. for the Landscaping Contract with $5,628.79 appropriated for the construction contract. u. That the request pf Al Krakow, doing business as Corpus Christi Aviation, to assign a lease, covering a port of certain lands and lease sites designated for commercial hangar and fixed base operations at Corpus Christi International Airport, to Stonewall Bank, and to use the lease as security of payment by Krakow of indebtedness, be authorized. v. That $19,710,31 be gpproprioted out of No. 220 Street Bond Fund for the Commissioners Award and contingencies with regard to acquisition of Parcels 23 and 26, Bay - ;Hen Space Park Site #3, Project No. 291-70-8; $7850 for acquisition of Parcel 26, $10,600 for acquisition of Parcel 23, $180 for Commissioners Fees, $870.31 for appraisers fees, and $300 for title fees. w. That a contract with the City of Robstown be approved whereby the City of Corpus Christi will construct an 8 -inch line to Calallen High School at a cost of approximately $8,500 • Minutes Regular Council Meeting August 23, 1972 Page 11 and will reimburse the City of Robstown at a rate of $.20 per thousand gallons for handling the waste water and maintaining the line. It is estimated that the charges to the school under the regular inside wastewater rates will be adequate revenue to offset the charges payable to Robstown. Water service has been provided and the Ca'alien School Board has agreed to contractually annex to the City. The Cclallen School District will pay the v., -1I front foot charge for the extension. Motion by Stark, seconded by Gonzales and passed, that the City Manager's Reports, Items "a" through "w" be accepted, and that the requests and recommendations be granted and Approved as presented. City Manager Townsend announced that in view of the Council's anticipated absence from the City on August 3Q, in all probability there will not be a quorum to hold the Regular Council f\tw;nq on that dote. ORDINANCE NO, 11042 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8397, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 29, 1967, WHICH ORDINANCE ESTABLISHED THE STANDARDS FOR SCREENING FENCES IN THE CITY OF CORPUS CHRISTI, BY AMEND- ING PARAGRAPHS 2 AND 5 OF SAID ORDINANCE SO AS TO INCREASE DESIGN WIND LO{,p CAPACITY TO 30 POUNDS PER SQUARE FOOT AND TO REDUCE THE COST OF THE STANDARD SCREENING FENCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the third time and passed finally by the follow- ing vote; Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO, 11043 THIRD READING QF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING CHAPTER 5, ARTICLE I, SECTION 5-1 THEREOF SO AS TO REDEFINE THE TERM "VICIOUS DOG"; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the follow- ing nate; Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye'; 5. zemare or;r fi;an.ch were absent. ORDINANCE NO. 11044 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY, 1958, AS AMENDED, BY AMENDING SECTION 5-51, ANIMALS AND FOWL; PROVIDING FOR IMPOUNDMENT AND OBSERVATION BY THE CITY VETERINARIAN OF ANIMALS SUFFER- ING FROM RABIES OR SUSPECTED OF RABIES; PROVIDING THAT NO ANIMAL THAT HAS • • Minutes Regular Council Meeting August 23, 1972 Page 12 RABIES OR SUSPECTED OF HAVING RABIES SHALL BE ALLOWED IN PUBLIC PLACES, EXCEPT AS EXPRESSLY PROVIDED HEREIN; PROVIDING THAT THE OWNER, KEEPER, OR PERSON IN CHARGE OF ANY ANIMAL THAT HAS RABIES, OR DISPLAYS THE SYMPTOMS THEREOF SHALL TURN OVER SUCH ANIMAL TO THE HUMANE OFFICER OR ANY POLICE OFFICER ON DEMAND; PROVIDING THAT A REFUSAL TO TURN OVER SUCH ANIMAL SHALL CON- STITUTE A MISDEMEANOR AND UPON CONVICTION BE PUNISHABLE BY A FINE OF NOT LESS THAN $100 NOR MORE THAN $200; PROVIDING FOR DISPOSAL OF ANIMALS THAT DIE OF RABIES; PROVIDING FOR A RECORD QF RABIES AND SUSPECTED RABIES TO BE KEPT BY THE CITY HEALTH OFFICER; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the third time and pos::ed finally by the follow- ing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO. 11045 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED SECTION 5-39, SO AS TO PROVIDE FOR ISSUING NOTICE TO OWNERS OR KEEPERS OF DOGS RUNNING AT LARGE, FOR LACK OF IMMUNIZATION, AND FOR LACK OF PROPER LICENSING; PROVIDING FOR PENH_ TY; R3>EAUNG ALL ORDINANCES iN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY, The foregoing ordinance was read for the third time and passed finally by the follow- ing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION AGREEMENTS WITH THE FOLLOWING LESSEES, FOR THE RESPECTIVE FARM LEASES, ACCORDING TO THE TERMS OF THE RESPECTIVE ORIGINAL LEASES AND RENEWALS THEREOF, IF ANY, AS FOLLOWS: 1. J. N. Gillis, Tract C, Airport; 2. W. A. Whitmire, Tract E, Airport 3, Kelly Ranch, Tract D, Airport; EXTENDING SAID LEASES FOR A FIVE (5) YEAR TERM, WHICH TERM SHALL IN ALL CASES BEGIN AUGUST 15, 1972, AND END AUGUST 15, 1977. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stork, present and voting _"; and Branch were absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE AGREEMENTS WITH PAT McDONOUGH, JR., COVERING THREE TRACTS OF LAND LOCATED AT INTERNATIONAL AIRPORT, DESIGNATED AS TRACT 3, CONTAINING APPROX- IMATELY 69.682 ACRES, TRACT A, CONTAINING APPROXIMATELY 260 ACRES AND TRACT B, CONTAINING APPROXIMATELY 107 ACRES, TO BE USED FOR FARMING AND • Minutes Regular Council Meeting August 23, 1972 Page 13 AGRICULTURAL PURPOSES, FOR A TERM OF FIVE (5) YEARS, BEGINNING AUGUST 16, 1972, AND EXTENDING TO AUGUST 15, 1977, COPIES OF SAID LEASE AGREEMENTS BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. SECQNd READING OF AN ORDINANCE AUTHORIZING AND 'DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CiTY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISSES KICKBALL. LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE A 7.08 ACRE TRACT OF LAND KNOWN AS THE ANDERSON PIT, LOCATED ALONG THE 4200 BLOCK OF McARDLE ROAD AND FURTHER DESCRIBED HEREIN, FOR THE PURPOSE OF ESTABLISHING AND MAINTAIN- ING A PUBLIC RECREATIONAL AREA, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE :' PART HEREOF. The foregoing ordinance was read for the second time and pawed to third reading by the following vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; 'E-7;irore and frar:c, wlere absant. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF LEOPARD STREET BETWEEN UPRIVER ROAD AND OLIVER COURTS; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY, The foregoing ordinance was read for the second time and passed to third reading by the following vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. SECOND READING OF AN ORDINANCE REGULATING THE SALE TO MINORS OF GLUE, SPRAY PAINT, OR SIMILAR SUBSTANCE CONTAINING ANY ONE OR MORE OF CERTAIN VOLATILE SOLVENTS; MAKING IT UNLAWFUL TO INHALE THE FUMES OF ANY GLUE OR SPRAY PAINT BY MINORS AND OTHERS; DFFININ 3 GLUE; DEFINING SPRAY PAINT; MAKING IT UNLAWFUL TO INDUCE OR AID OTHERS TO VIOLATE ANY OF THE PROVI- SIONS OF THIS ORDINANCE; PROVIDING FOR PENALTY NOT TO EXCEED $200 FOR VIOLATION; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY ORDINANCE NO. 8403; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to third reading by tste tOC)iy!'^ yore. Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING TO SECTION 21-2, DEFINITIONS, OF CHAPTER 21, MOTOR VEHICLES AND TRAFFIC, THE DEFINITIONS OF COMMERCIAL VEHICLE AND LOADING ZONE; REPEALING THE PRESENT SECTION 21-118 AND ADOPTING IN LIEU THEREOF A • • Minutes Regular Council Meeting August 23, 1972 Page 14 NEW SECTION AS HEREINAFTER MORE FULLY SET FORTH; PROVIDING A SEVERANCE CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO. 11046 CHANGING AND REORGANIZING THE CITY OF CORPUS CHRISTI PARK BOARD; PRE- SCRIBING ITS COMPOSITION TO CONSIST OF TEN (10) MEMBERS; ESTABLISHING STAGGERED, TWO-YEAR TERMS OF OFFICE OF SUCH MEMBERS AND THEIR QUALIFICA- TIONS; PROVIDING AN EFFECTIVE DATE; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; $ Zemwr' onn droit I, were RESOLUTION NO. 11047 URGING THAT CITIZENS APPOINTED TO CITY ADVISORY BOARDS BE APPOINTED FOR NO MORE THAN TWO CONSECUTIVE TERMS ON THE SAME BOARD TO ALLOW FOR GREATER CITIZEN PARTICIPATION; PROVIDING ADDITIONAL SERVICE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye'; Sizemore and Branch were absent. ORDINANCE NO. 11048 APPROPRIATING OUT OF NO. 220 STREET OND FUND $460, OF WHICH $375 IS FOR THE COST OF DEMOLISHING AND REMOVING TWO WOOD FRAME STRUCTURES AND $85 IS FOR RELOCATION OF A t NCE, ALL IN CONNECTION WITH PROJECT NO. 220-67-94, STAPLES-BALDWIN INTERSECTION IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye'; S 4esr;ore and Manch were absent. ORDINANCE NO. 11049 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $39,537.07 FOR SIGNAL EQUIP- MENT REQUIRED IN CONNECTION WITH IMPROVEMENTS TO THE STAPLES-BALDWIN AND AIRPORT -MORGAN INTERSECTION IMPROVEMENTS, PROJECT NO. 220-67-94; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting August 23, 1972 Page 15 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye'; Sizemore pnd Branch were absent. ORDINANCE NO. 11050 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TURNER LANDSCAPE, INC., FOR MUSEUM AREA LANDSCAPING IMPROVEMENTS - 1ANDSCAPING CONTRACT; APPROPRIATING OUT OF THE NO. 102 GENERAL FUND, ACTIVITY 4181, CODE 502, $5,628.79 FOR SAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO, 11051 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH R. S. BLACK FOR MUSEUM AREA LANDSCAPING IMPROVEMENTS - GENERAL CONTRACT; REAPPROPRIAT- ING $.13,26. OUT OF THF !'ENERAL FUND NO. 102, ACTIVITY 4181, CODE 502, OF WHICH 132,+;97.45 IS FOR THE CONSTRUCTION CONTRACT AND $302.55 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye'; Sizemore and Branch were absent. ORDINANCE NO. 11052 AMENDING ORDINANCE NO. 10845 PASSED AND APPROVED ON THE 10TH DAY OF MAY, 1972, SO AS TO DELETE ALL REFERENCE TO TEXAS PARKS AND WILDLIFE DEPART- MENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote; Bonniwell, Bosquez, Gonzales, Lozano, and Stark,, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO. 11053 AMENDING THE ZONING ORDINANCE, ORDINANCE 6106, AS AMENDED, BY AMEND - INC ARTICLE 33, PERMITS, PLATS, AND FILING FEES, SECTION 33-2, PLATS, TO HES F.AFTER READ AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CON - FLT HEREWITH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; DE,'C..!,,,!,,P,ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fel- !awing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. Minutes Regular Council Meeting August 23, 1972 Page 16 ORDINANCE NO. 11054 • AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR PLANNING AND CONSTRUCT- ING OF LOW-INCOME AND LOWER MIDDLE-INCOME HOUSING IN THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. Mayor Pro Tem Bonniwell announced the scheduled public hearing for improve- ments on Airport Road, Morgan Avenue, Old Brownsville, South Staples Street and Swantner. City Manager Townsend explained the purpose of the hearing was to comply with the statutes regarding paving assessments and explained the procedure to be followed; that Director of Engineering Services would present the plans and specifications of the project, and that Assistant City Attorney Michael May would conduct the hearing. Assistant City Attorney May stated that testimony will be heard from the Director of Engineering Services 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 was interrogated as to his occu- pation, time of residence in the City, formal qualifications and familiarity with the subject project. He presented the plans and specifications for the proposed improvements and pointed out the location; explained that the streets to be improved include (1) Airport Road from a point 795+ L.F. South of the Morgan Avenue -Old Brownsville Road Intersection to a point 500;+ L. F. North of the Morgan Avenue -Old Brownsville Road Intersection; (2) Morgan from Vera Cruz to the Intersection of Airport Road; (3) Old Brownsville Road from the Intersection of Airport Road Westward approximately 650 L.F.; (4) South Sraples Street, from 18th Street southeast to Annapolis Drive; and (5) Swantner Street, from 18th Street southeast to Annapolis Drive. He explained that the project is a joint project between the City and the State under the TOPICS Program and involves construction of curb, gutter, sidewalk, • Minutes Regular Council Meeting August 23, 1972 Page 17 driveways, and pavement, and also channelization of the streets and widening of the intersection to improve the traffic flow; that the City basically participates toward the construction of all concrete work and the State completes the installation of the pavement; and as has been the policy on past joint projects between the City and State, the City has assessed the concrete work to the abutting property owners, He explained that Staples and Swantner portion already has curb and gutter in many places, and it is only required that a s'i'dewalk and driveway assessment be imposed along the property which does not presently have permanent sidewalk and driveways, and basically includes the residential lots backing onto Staples Street from Louisiana towards Annapolis, the west side of Swantner from Ohio to Louisiana, and the What - a -Burger property in this area; and that in the (Did Brownsville Road and Morgan Intersection, assessments are proposed along the Del Mar Tech property and a portion of Austin Addition No. 2. Mr. Lontos stated that the contract hod been awarded to Burtex. Construction Company, and that the assessment rates have been determined by using the low bid as sub- mitted by Burtex and applying the unit prices from the low bid to the front footage of the abutting properties. He stated the rates for Airport Road, Morgan Street Intersection are Curb & Gutter, $3.089 LF,; Sidewalk, $5,410 per sq. yard; Driveway, $10.544 per square yard; that the rate for Baldwin Boulevard, Staples Intersection, Sidewalk, $5.410 per square yard; Driveway, $10.544 per square yard; and Header Curb, $2.663 per linear foot; that the total contract price is $463,879.65, total assessments, $1$,981.75, and total City and State share $447,897,90. He explained that the State Highway Department awards contracts on the basis of square yard which accounts for the difference in the rate figure. Mr. Walter E. Nobles, (Item #16-A), 1018 York, Lot 2, Block 1, Arcadia Sub- division, appeared and stated he had been assessed for a driveway, and inquired if this driveway would be torn out; and also stated he is being assessed for c sidewalk at the rear of 4"rtiG propert- Mr. Lantos explained that as is the policy set out in the ordinance, if a piece of property does not have a sidewalk in front, and the property is less than 250 feet deep, there is an assessment for sidewalk for lots which bock onto the street. He explained that Mr. Nobles' • • Minutes Regular Council Meeting August 23, 1972 Page 18 driveway Is asphalt and does not conform; that there a number of asphalt driveways, and they will be assessed the full cost of concrete. Mr. Nobles stated his entrance is on South Staples but that the house faces on York and there are no sidewalks on York. City Manager Townsend stated the Engineering Staff had tried to work this out. He asked Mr. Nobles if a driveway could be provided or access to his property off York Street, would he be willing to abandon the driveway coming off of Staples. Mr. Nobles agreed to this proposal. Mr. W. A. Roberts, Right of Way Appraiser, stated there had been a question about granting an easement of access through the park, and in the granting of access they were told at the time they could not sell any of the pork as that was part of the park dedication for park use only. Mr. Nobles stated his question had been answered but not entirely to his satisfac- tion. Mayor Pro Tem Bonniwell asked that Mr. Nobles meet with Mr. Lantos and work out the problem of his sidewalk and driveway. Mr. May interrogated Mr. W. A. Roberts, Appraiser for the Right of Way Section of the City, os to his occupation and qualifications as an appraiser and familiarity with the subject area and project, and the TOPICS Program. He stated he had personally examined each parcel of land and checked each with the preliminary assessment roll, and that in his opinion each and every parcel would be enhanced in value as a result of the improvements of least to the extent of the assessment. No one else appeared to be heard in connection with the proposed street improve- ments. Motion by Lozano, seconded by Gonzales and passed, that the hearing be closed. Motion by Lozano, seconded by Gonzales and passed, that an ordinance be brought r ;;vtr wpprcving the Preliminary Assessment Roll for the foregoing street improvements. ORDINANCE NO. 11055 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF ROBSTOWN FOR THE CITY QF ROBSTOWN TO ACCEPT SEWAGE FROM THE NEW CALAI,LEN HIGH SCHOOL FOR TREATMENT, AND SETTING OUT THE CHARGES FOR HANDLING, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH 15 • • Minutes Regular Council Meeting August 23, 1972 Page 19 ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Bonniwell, Bosquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent. ORDINANCE NO, 11056 APPROPRIATING OUT OF NO, 291 PARK BOND FUND THE SUM OF $19,210.31 FOR AWARDS OF SPECIAL COMMISSIONERS, FEES FOR SPECIAL COMMISSIONERS, APPRAISAL COSTS, COURT COSTS AND CASTS INCIDENTAL TO ACQUISITION OF PARCELS 23 AND 26, BAYFRONT PARK SITE 03, PROJECT NO, 291-70-8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote; Bonniwell, Basquez, Gonzales, Lozano, and Stark, present and voting "Aye"; Sizemore and Branch were absent, Mayor Pro Tem penniwell called far petitions or information from the audience on matters not scheduled an the agenda. Mr, Joe Trudeau, Vice President of the Oso Kickball Association, spoke relative to the proposed 5 -year lease of 16.85 acres of undeveloped land in South Guth Park, stated that his group would need only five acres of the unused tract; that Little Miss Kickball had become so popular that more facilities are needed to accommodate all those who want to participate; that the girls now number aver 900 and requests for membership are being turned down for lack of facilities. Mr. W. H, Stahl, 4901 KostorYz, appeared and complained that the Rest Home property located next door to his property was neglecting to keep weeds cut and that he had been unsuccessful in getting the City Weed Control Department to respond to his complaint, City Manager Townsend stated the area would be investigated and the weeds cut. There being no further business to come before the Council, the meeting was gd;nurned ot 5:00 p.m., August 23, 1972.