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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; • • Minutes 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. • 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 • • Minutes 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," • • Minutes 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. • • Minutes 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 • / • Minutes 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. • Minutes 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,.