HomeMy WebLinkAboutMinutes City Council - 09/13/1972MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
September 13, 1972
3:00 P.M.
PRESENT:
Mayor Ronnie Sizemore
Mayor Pro Tem Chas. 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 called the meeting to order in the Council Chamber
Of the City Hall,
The Invocation was given by The Reverend Norman Roe, Pastor of Wesley
United Methodist Church.
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Regular Council Meeting of August 23, 1972, were
approved as submitted to the Council,
Mayor Sizemore proclaimed the week of September 17 through 23, 1972, as
CONSTITUTION WEEK; and the week of September 10 through :17, 1972, as DIEZ Y SETS
WEEK.
Mayor Sizemore presented a commendation plaque to Mr. Domingo Quintanilla
who has been employed with the City Park Department since February of 1942, and is
retiring due to disability as of September 30 of this year. He was introduced to
the Council by Wm. P. Witt, Director of Parks & Recreation.
Bids were opened and read by Director of Engineering Services James K.
Lontos for Greenwood Park Swimming Pool, from the following firms: Floyd Cooper
Construction Company, and Emil Stefek General 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 recommenda-
tion.
Mayor Sizemore called for the City Manager's Reports.
Motion by Stark, seconded by Branch and passed, that the City Manager's
Reports, Items "a" through "o", Bonniwell voting "Nay" on Item "n", be accepted and
the requests and recommendations be granted and approved as follows:
a. That the date of October 4, 1972, Special Meeting, 4:30 p.m., be set
for a public hearing on the following zoning applications;
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Regular Council Meeting
September 13, 1972
Page 2
(1) Coast Development, Inc. - "R -1B" to "AB" and "B-1", located
on the west side of South Staples Street south of Holly Road.
(2) R. F. Emmord - "AB" to "B-1", located on the north side of South
Padre Island Drive between Moravian and Kosarek Drive.
(3) John Tucker - "R -1B" to "A-1" cn TRACT A; "R -1B" to "8-4" on
TRACT 8; and "R -1B" to "R-2" on TRACT C, located on the north-
east corner of Weber Road and Saratoga Boulevard.
(4) Richard C. Haas - "R -1B" to "R-2", located on the southwest
corner of Navy Drive and Anchor Street,
b(1) That a contract be awarded to Imperial Mill & Fixture for the
purchase of twenty-four exhibit cases for C.C. Museum on the basis of low bid of
$8,210.00 - bids received from five firms. (Bid Tabulation #45-72)
b(2) That bids be received at 11:00 a.m., Tuesday, October 10, 1972,
for the following items which are included in the 1972-73 Budget:
Sanitation Division
One Trailer Mounted Air Compressor
Four Rear Load Packer Bodies
Six Brush Bodies
Ten 27,500 GVW Cab & Chassis
Six 20,000 GVW Cab & Chassis
Warehouse - Annual Requirements of 1", 2" and 6"
bare steel pipe & coating and wrapping
c. That the 10 -foot utility easement between Lots 1 and 2, W.B. Ray
Heights, Unit 3, located on Hayward Drive, be abandoned on the request of Urban
Engineering - there are no lines in the easements and the affected departments
concur in the recommendation,
d. That the Tax Adjustments to the City's Tax Rolls as submitted by the
Tax Assessor -Collector for the period May 1 thru July 31, 1972, be approved:
1971 Tax Roll
Prior Year's Tax Rolls
Net Decreases
$7,474.30
3,222,28
The 1971 Tax Roll decreases include a net increase of $204 in Real
Estate adjustments and a $7,679 decrease by Personal Property adjustments, includ-
ing $4,132 for two companies whose properties had not previously been rendered and
$1,316 for Gulf Cameron, Inc., when assets were found not to be taxable. Decreases
to the Water DistrictPrior years' tax levies was $89,
e. That the applicaticn of Perry R. Bass to drill a well in State Tract
390 of Corpus Christi Bay, be approved, the well being as8,000 foot well, to be a
straight hole with no exceptions to the ordinances requested, and will be located
Minutes
Regular Council Meeting
September 13, 1972
Page 3
about 3-1/2 miles southeast of Ingleside Point and one mile west of Mustang
Island.
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f. That a change order of $3,512.50 be approved in the Marina Contract #2
(Piers & Pilings) to increase the lateral support of 13 catwalks by adding one
piling and related bracing to each catwalk.
g. That $775.00 be appropriated to cover the cost of Change Order
No. 2 and No. 3 to the contract with Tanner H. Freeman for the construction of
Fire Station No. 13 in Flour Bluff, said changes including a revision of the land-
scaping plans for the north side of the building deleting a 3 -foot concrete wall
and adding 3 concrete planters, and the construction of a concrete anchor for the
fuel tanks to prevent their floating out of the ground during heavy rains.
h. That $1,763.00 be appropriated for Change Order No. 7 to the contract
with Burtex Constructors,Inc, for construction of the Leopard Street Water Trans-
mission Line, said Change Order to include additional bends and fittings required
to clear uncharted underground lines.
i. That the City accept the proposal of Touche Ross & Co., Certified
Public Accountants, to prepare a Cost Allocation Plan and an Indirect Cost Proposal
to qualify the City for reimbursement of indirect cost proposals to be prepared in
accordance with the U.S. Office of Management and Budget Circular A-87 9.t a fee
not to exceed $14,000; that an appropriation of $4,000 out of 102 General Fund
Activity 4251 - Transfer to 154 Community Renewal Program Grant Fund in addition
to the $10,000 previously appropriated out of 154 Community Renewal Program Grant
Fund, be authorized.
j. That bids be received on October 10, 1972, for one Atomic Analysis
Spectrographic Unit for the Department of Health and Welfare, the,. equipment to be
used by the Laboratory Division and will greatly increase their ability to carry
out chemical determinations and will provide needed capability in the field of air
and water testing, for which funds are provided in the 1972-73 Budget.
k. That the appointment of Mr, Robert F. Rusk to the position of Data
Processing Manager, be confirmed by the Council.
1. That the bid opening date for the construction of storm sewer improve-
ments in Kostoryz Road from Carroll -Richter Drainage Outfall along Kostoryz to
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Regular Council Meeting
September 13, 1972
Page 4
Padre Island Drive, be changed from September 27 to October 4 in order to meet
Federal and City legal requirements on advertising notification procedures.
m. That the City extend the lease agreement with W, E. Brandesky on a
tract of land of 45,9 acres at the Westside Sewer Plant. The City's 1/3 share
for the past 5 years has been $3,784.33, and terms of the lease will continue at
1/4 and 1/3 with annual guanantee of $738.99.
n. That the engineering firm of McCaughan and Etheridge be awarded a
contract to conduct a silt survey of Lake Corpus Christi for a cost of $20,000.
Cross sections and profiles of approximately 175 miles will be made to determine
depth and amount of siltation since the last survey was made almost 20 years ago.
The survey will require approximately three months to complete, and funds are
provided in the 1972-73 water division. budget,
o. That the agreement authorized by Ordinance No, 10902 between the City
and the Saratoga Land Company be amended so that the drainage right-of-way stipu�
lated in Section 2 of the agreement be deeded to Saratoga Land Company at this
time subject to Saratoga Land Company complying with all provisions of the contract
and platting regulations.
ORDINANCE NO. 11073
THIRD 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 NEW SECTION AS HEREINAFTER MORE
FULLY SET FORTH; PROVIDING A SEVERANCE CLAUSE; REPEALING ALL ORDINANCES IN CON-
FLICT HEREWITH; AND PROVIDING FOR PUBLICATION,
The foregoing ordinance was read for the third time and passed finally
by the following vote: Sizemore, Borniwell, Basques, Branch, Gonzales, Lozano,
and Stark, present and voting "Aye."
SECOND READING OF AN ORDINANCE CHANCING THE NAMES OF THE FOLLOWING STREETS IN THE
CITY QF CORPUS CHRISTI, NUECES COUNry, TEXAS: THE DESIGNATION OF "EAST SHORE-
LINE BOULEVARD" AND "WEST SHORELINE BOULEVARD" IS TO BE TERMINATED AND IN LIEU
THEREOF, THESE THOROUGHFARES WILL BE NAMED AS FOLLOWS:
"NORTH SHORELINE BOULEVARD" (BOTH DIRECTIONS) FROM CARROLL STREET,
SOUTH TO COOPER STREET;
"SOUTH SHORELINE BOULEVARD" (BOTH DIRECTIONS) FROM COOPER STREET,
SOUTH TO CRAIG STREET;
AND DESIGNATING THE EAST AND WESTBOUND LANES WHICH CONNECT NORTH SHORELINE BOULEVARD
TO 1.H, 37 AND U.S. 181 EXPRESSWAY LANES AS:
"I.H. 37 EXPRESSWAY".
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch,
Gonzales, Lozano and Stark, present and voting "Aye,"
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Regular Council Meeting
September 13, 1972
Page 5
ORDINANCE NO, 11074
APPROPRIATING OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND $775 APPLICABLE TO
PROJECT NO. 207-64-1, FIRE STATION NO. 13 - FLOUR BLUFF, FOR CHANGE ORDER NO. 2
IN THE AMOUNT OF $300 FOR ADDITIONAL LANDSCAPING AND CHANGE ORDER NO. 3 IN THE
AMOUNT OF $475 FOR ANCHORING THE FUEL TANK; 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. 11075
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 2, A COPY OF WHICH IS
ATTACHED HERETO AND MADE A PART HEREOF, TO THE CONTRACT WITH LOYD W, RICHARDSON
CONSTRUCTION CORPORATION FOR CONSTRUCTION OF IMPROVEMENTS TO CORPUS CHRISTI
MARINA, PIER AND PILING WORK FOR BOAT SLIPS; APPROPRIATING OUT OF THE NO. 292
MARINA BOND FUND $3,512.50 FOR SAID CHANGE ORDER; 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. 11076
CLOSING AND ABANDONING A 10 -FOOT UTILITY EASEMENT BETWEEN LOTS 1 AND 2, W. 8. RAY
HEIGHTS UNIT 3, PROVIDING SEVERABILITY; 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."
FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE EXTENSION
AGREEMENT WITH W. E. BRANDESKY FOR A FARM LEASE OF A 45.9 ACRE TRACT OF LAND AT
THE WESTSIDE SEWER PLANT, THE ORIGINAL LEASE AUTHORIZED BY ORDINANCE NO. 8633,
DATED OCTOBER 25, 1967; EXTENDING SAID LEASE FOR A FIVE (5) YEAR TERM, WHICH
TERM SHALL BEGIN AUGUST 15, 1972, AND END AUGUST 15, 1977.
The foregoing ordinance was read for the first time and passed to its
second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch,
Gonzales, Lozano and Stark, present and voting "Aye."
ORDINANCE NO. 11077
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH TOUCHE ROSS & CO., FOR
THE PREPARATION OF COST ALLOCATION AND INDIRECT COST PROPOSAL IN ACCORDANCE WITH.
THE U,S. OFFICE OF MANAGEMENT AND BUDGET CIRCULAR A-87, AND AS MORE FULLY SET
FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MARKED EXHIBIT "A";
APPROPRIATING OUT OF NO. 102 GENERAL FUND FOR TRANSFER TO 154 COMMUNITY RENEWAL
GRANT FUND THE SUM OF $4000, SAID SUM TO SUPPLEMENT $10,000 PREVIOUSLY APPROPRIATED
FOR THE AFORESAID CONTRACT TO BE PERFORMED BY TOUCHE ROSS & CO.; AND DECLARING
AN EMERGENCY.
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Regular Council Meeting
September 13, 1972
Page 6
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, 11078
AMENDING THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 10902 BETWEEN THE CITY OF CORPUS
CHRISTI AND SARATOGA LAND COMPANY BY CHANGING THE LAST SENTENCE OF SECTION Iia OF
SAID AGREEMENT AS HEREINAFTER MORE FULLY SET FORTH; 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. 11079
APPROPRIATING OUT OF NO. 202 WATER SYSTEM BOND FUND $1,763 FOR CHANGE ORDER NO. 7 TO
THE CONTRACT WITH BURTEX CONSTRUCTORS, INC. FOR THE CONSTRUCTION OF THE LEOPARD
STREET WATER TRANSMISSION LINE, PROJECT NO. 202-68-29.1; 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."
Mayor Sizemore called for petitions or information from the audience on
matters not scheduled on the agenda,
Attorney Michael Kendrick, appeared and requested, on behalf of Mr. John L.
Tompkins, that the City abandon to Mr. Tompkins all or part of an undeveloped four -
acre park in Highway Village which was dedicated in 1948 prior to the time it was
annexed. He stated that under the terms of the agreement when dedicated, it was to
be developed by the City within ten years or revert to the grantor, and that this
period had expired several years ago. He stated that Mr. Tompkins had raised the
question in 1967 and filed for record his statement that since the park had not been
developed within the ten-year period, the dedication was void. He stated that it is
his request that since the park obviously is not being used for a park, the City
quitclaim its interest to Mr. Tompkins subject to taxes or any other liens. He
suggested as an alternative action, that 75 feet of the park, which would be 75' x 25Q'
running parallel to Highway #9 and adjoins three lots belonging to Mr. Tompkins, be
qpitlaimed and the remainder of the park would be deeded back to the City. He stated
approval of the title to some of the lots for which Mr. Tompkins has a sale, is being
held up until this matter is resolved with the City, and that immediate action is
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Regular Council Meeting
September 13, 1972
Page 7
requested to save any possible loss as a result of delay in this transaction. He
stated it would appear that an administrative decision could be made to give 75 feet
back,which they feel is already theirs, in return for the remainder of the park.
City Manager Townsend stated the City's position is that the City still
has an interest in the area but has been unable to develop it because most of
the site is occupied by an old oil well and slush pit, and that plans are to
eventually develop the site after the well is completed and abandoned. He further
stated that for determination of the City's legal position, he would await a recom-
mendation from City Attorney Riggs, He pointed out that this land has been shown
on the map as a park all these years; that the City has taken steps to show that
it is a park, such as cutting weeds, but because of the oil well, the City has not
been willing to do anything to attract children to the area because of the danger.
He stated the City has had in its plans from the beginning to develop the land as
a neighborhood park for the Highway Village area, and that it is zoned "R -1B"
consistent with the intended use.
Mayor Sizemore advised Mr. Kendrick that the request would be received,
and the Council would await the City Manager's recommendation after discussion
with the Legal Staff,
Relative to another matter, Mr. Kendrick stated he wanted to go on
record as being in favor of the zoning request of Mr. Rey Lay which was heard by
the Council September 6, and referred to the Planning Commission for a master
plan recommendation as to areas in Flour Bluff where density should not be allowed.
He stated he had requested that this matter be put on the agenda for a decision
today instead of Waiting for a decision from the Planning Commission.
Mayor Sizemore Stated that the Council had been advised by the Planning
Staff that there had not been time to prepare the recommendation as requested,
and that the Council had not put it on today's agenda since there were other
similar zoning applications pending and felt the Staff study was needed for guide-
lines. However, he called for a motion from the Council to reconsider Mr. Lay's
application as a pending item, The Council did not respond and Mayor Sizemore
stated the matter is automatically the same as recommended last week.
Mrs. Pat Duaine, 621 Atlantic, appeared representing the Association for
the Retarded, and requested that persons familiar with and interested in retarda-
tion be named to the Board of Mental Health -Mental Retardation Community Association.
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Regular Council Meeting
September 13, 1972
Hage 8
She stated this board has been dominated with persons concerned only with mental
health. She submitted a list of names for suggested representation of Mental
Retardation for the Council's consideration when new appointments are made. Mrs.
Duaine stated that she had made a similar request to the County.
Mayor Sizemore stated the suggested names would be taken into considera-
tion, and that suggestions and names of volunteers are always welcome.
Mrs. Leroy Steinocker, 1330 Sandstone, government student in the audience,
requested a list of local firms which are delinquent in payment of the one percent
City Sales Tax, and asked if in view of the long list of delinquents, did she as a
taxpayer have the right to refuse to pay the tax.
City Manager Townsend explained that the City recently estimated some
$120,000 is delinquent since the tax was enacted several years ago, and that although
the delinquent amount represents less than one percent of the some $12 million the
City has received, an attempt will be made to collect the delinquent accounts. He
further stated that our efforts to collect the accounts would involve the State
Attorney General's office but he was hopeful we would be successful. Mr. Townsend
furnished Mrs. Steinocker a copy of the delinquent list stating it is a matter of
public record.
There being no further business to come before the Council, the meeting
was adjourned at 4:10 p.m., September 13, 1972,.