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HomeMy WebLinkAboutMinutes City Council - 10/04/1972MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 4, 1972 3;00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor pro Tem Chas, A. Boriniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T, Branch 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 Ronnie Sizemore called the meeting to order in the Council Chamber of the • The Inyocation was given by The Reverend David Ashwin, Pastor of Palmcrest Baptist Church. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Meeting of September 20, 1972, were approved as sub - mitred to *he Council. Bids were opened and read by Director of Engineering Services James K. Lontos on Kostoryz Road Storm Sewer Improvements, from the following firms: Asphalt Paving & Construction Company; R. S. Black; Burtex Constructors; Maverick Construction Company; Heldenfels Brothers; H. & 11 Concrete Construction Company; and King & Mansheim Construc- tion 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. Mayor Sizemore called for the City Manager's Reports. Motion by Bgnniwell, seconded by Gonzales and passed, that the City Manager's Reports, Items "a" through "k" be accepted and that the requests and recommendations be granted and approved as follows; a. That the 5 -foot utility easement along the east line of Lots 1, 2 and 3, and a ",nt utility easement along the west line of Lot 4, all in Block 14, of Gardendole Addi- tion, Unit 3, !c©tad off Williams Drive enst of Everhart Road, be abandoned on the request of Monroe & Bass, Consulting Engineers, according to an agreement that an alternate easement be provided. • • Minutes Regular Council Meeting October 4, 1972 Page 2 b. That bids be received at 11:00 a.m„ Tuesday, October 24, 1972, for one Mobil Remote Radio Controlled Fire Monitor for the Fire Deportment. c. That bids be received at 11:00 a.m., Tuesday, October 31, 1972, for Repair & Painting of one 500,000 gallon averhead tank and tower located at Morgan and 12th Streets. d. That the offer of Mr. Juan Moreno to purchase improvements only at 1609 Agnes for $200 cash payment, be accepted: The City acquired this property at a Sheriff's Second Tox Sale on February 3, 1970. e, That the application of Getty Oil Company for a temporary permit to locate a production bar9e at their State Tract 41, Well 01, in Laguna Madre, be approved for a 90 -day period. f. That the Student -Work Study contract with the Coastal Bend Council of Governments be amended to provide for joint review and agreement on student work assign- ments with COG and Texas A & I. The review will include mutual acceptance and periodic monitoring of student work activities to assure that work is eligible under Section 701 of the Housing Act of 1954 and will benefit the student's training in planning and management. g, That the City Manager be authorized to sign an agreement with Don Brown Company, Corpus Christi, for coin-operated copy machines to be placed in La Retama and Parkdale Libraries; the machine at La Retama to be programmed at $.05 per copy and at Parkdale at $,10 per copy because of lesser volume; the City will receive 10.1% of total gross revenue; and Don Brown Company will service and supply both machines. (The vendor on the previous lease did not give satisfactory service,) h. That the cgntract with Torn Lawrence be renewed to serve as Golf Profes- sionol at Osa Municipal Golf Course, and for lease of the Golf Shop and Snack Bar. The City w;il pay Mr, Lawrence $200.00 per month for his duties as Golf Professional and shcil le 5% of cross receipts from the lease. Both the contract For compensation and the lease shall be for a 3 -,year period. 1, That the request of Earl T. Smith 8, Associates for a 60 -day extension of the mineral oil and gas lease be approved. • • Minutes Regular Council Meeting October 4, 1972 Page 3 j That the contract for support of the Art Museum Advertising Program for the opening of the Museum include an additional $3500. k. That the laydgeted staff of the Police Division be amended to substitute two Captains in Patrol for two Lieutenants, add a Captain in Technical Services, and delete a Captain in Administration as of January 31, 1973. The change in Patrol will enable the establishment of two zones rather than the three which now exist and provide greater depth of supervision in each zone, The Chief plans additional changes which will increase flexi- bility of patrol assignments and provide more manpower during the hours of greatest need From 7 p.m. to 3 a,m, The Captain in Technical Services will be responsible for the Miracode and other Central Records activities. Mr. Charles Cole, 733 Sheridan, inquired as to why the approval of the lease of 10.46 acres of land in South Guth Park to the Oso Little Misses Kickball League and the National Little League had not been included on the agenda, City Manager Townsend explained that the Council had given him the authority to proceed with the lease subject to details being worked out with the Park and Recreation Deportment regarding agreement between the two Leagues as to description and layout of the areas, and that the lease would be presented on q three reading basis. Attorney Franklin Smith appeared and requested that he be permitted to speak on behalf of the application of Mr. Hulen Hunt for change of zoning on three tracts of 'land located on the northeast corner of Rodd Field and Holly Roads on which a public hear- ing was held September 27, Mayor Sizemore questioned the practice of allowing persons to make presenta- tions either for or against zoning cases after the hearings have been officially closed. He pointed out that neither the applicant nor his representative had been present at the hearing and the hearing had been closed, and it had always been his feeling that the applicant r,;se-t at the public hearing, He stated that the established policy of not receiving any additional evidence should be adhered to; that relaxation of this policy would be setting a precedent; and further comments should be limited to discussion of the ordinance when presented for passage. • • Minutes Regular Council Meeting October 4, 1972 Page 4 Mr. Smith stated it had been his understanding that the Council had agreed last week that he would be allowed to speak at this meeting. Commissioner Stark stated he is in agreement with the general policy set by the Council, but that he had also understood that Mr. Smith would be permitted to make a presentation at this meeting. Mayor Pro Tem Bonniwell suggested, and the Council agreed, that the ordinance be considered separately and that Mr. Smith be permitted to make his presentation at that time. ORDINANCE NO. 11109 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 19D -4(d) SO AS TO REQUIRE INSTALLATION OF A TWO-WAY RADIO IN EACH EMERGENCY AMBULANCE; PROVIDING FOR SEVERANCE, The foregoing ordinance was read for the third time and passed finally by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MILTON J, VAVRICEK COVERING AN 80 -ACRE TRACT OF LAND (MORE OR LES$) OUT OF LOT 3, SECTION 14, BOHEMIAN COLONY LANDS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH C. A. HARRIS, JR., COVER- ING AN 8 -ACRE TRACT QF LAND (MORE QR LESS) OUT OF LOT 3, SECTION 14, BOHEMIAN COLONY LANDS, FOR USE AS PASTURE LAND; BOTH OF THE AFORE- MENTIONED LEASES TO BE FQR A TERM OF FIVE (S) YEARS, BEGINNING SEPTEMBER 1, 1972, AND EXTENDING TO AUGUST 31, 1977, COPIES OF SAID LEASE AGREE- MENTS BEING ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye", FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE, FQR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, RFXAS, AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE AS GOLF PROFES- CINt A COMPENSATION OF $200.00 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF SHOP AND SNACK BAR AREA LOCATED AT THE SAID OSQ MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF ALL, GRASS RECEIPTS DERIVED THEREFROM, AND UNDER THE TERMS AND CONDITIONS QF SAID LEASE, A COPY OF WHICH LEASE IS ATTACHED HERETO AND MADE A PART HEREOF. Minutes Regular Council Meeting October 4, 1972 Page 5 The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, BonniweII, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". QRDINANCE.NO. 1111Q AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY QF CORPUS CHRISTI, TQ EXECUTE A QUITCLAIM DEED CONVEYING THE CITY'S INTEREST IN THE IMPROVEMENTS AT 1609 AGNES TO MR, JUAN MORENO FOR $200 IN ACCORDANCE WITH THE ATTACHED EXHIBIT "A" WHICH IS MADE A PART HEREOF; AND DECLARING AN EMERGENCY, The Charter Role was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Banriiwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11111 CLOSING ANC) ABANDONING THE 5 FOOT UTILITY EASEMENT ALONG THE EAST LINE OF LOTS 1, 2 AND 3, AND A 5 FOOT UTILITY EASEMENT ALONG THE WEST LINE QF LOT 4, AL1. IN BLOCK: 14 OF THE GARDENDALg ADDITION, UNIT 3, AN ALTERNATE EASEMENT HAVING BEEN PROVIDED; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote; Sizemore, Bonnlwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye", ORDINANCE NO. 11112 AMENDING ORDINANCE NO, 11000, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 31ST DAY OF JULY, 1972, ADOPTING A BUDGET FOR THE FISCAL YEAR 1972-73 SO AS TO REDUCE THE AUTHORIZED NUMBER OF "POLICE CAPTAINS" IN ACTIVITY 3321, ADMINISTRATION, OF SAID BUDGET FROM 2 TO 1, SO AS TO RE- DUCE THE AUTHORIZED NUMBER QF "POLICE LIEUTENANTS" IN ACTIVITY 3324, PATROL, OF SAID BUDGET FROM 13 TO 11 AND TO INCREASE THE AUTHORIZED NUMBER QF "POLICE CAPTAINS" IN ACTIVITY 3324, PATROL, OF SAID BUDGET FROM 5 TO 7 AND SQ AS TO INCREASE THE AUTHORIZED NUMBER OF "POLICE CAPTAINS" IN ACTIVITY 332Ct, TECHNICAL SERVICES, OF SAID BUDGET FROM 1 TO 2; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the feAiiowing vote: Sizemore, Bvnniwell, Bosquez, Branch, Gan ales, Lozano, and Stark, present and voting ''Aye", • • Minutes Regular Council Meeting October 4, 1972 Page 6 ORDINANCE NO. 11113 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY QF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF RICHARD CHURCH BY GRANTING A SPECIAL USE PERMIT FOR PARKING ADJACENT TO AN EXISTING STRUCTURE, ON ALL OF LOT 2B AND THE REMAINING PORTIONS OF LOTS 1A AND 12, AVA COOPER SUBDIVISION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CON- DITIONS SET FORTH HEREIN; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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. 11115 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH ART MUSEUM OF SOUTH TEXAS FOR EXPENDITURES IN CONNECTION WITH ADVERTISING FOR OPENING OF THE ART MUSEUM, 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 following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11116 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MORRIS LICHTENSTEIN, JR. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON PORTION OF LOT 1, SEC. 1, PAISLEY SUBDIV. OF HOFFMAN TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DIST. AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDI- NANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Ryle was suspended and the foregoing ordinance was passed by the fcllc.ai cte: Size,rvore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and opting "Aye':. Mr, Smith reviewed the zoning application of Mr. Hulen Hunt, Application #872-8, stating that the Planning Commission had recommended approval for "B-4" on • • Minutes Regular Council Meeting October 4, 1972 Page 7 Tract A, "A-2" on Tract B, and "R-2" on Tract C, as had been requested as a logical use of the land, and that the Council's action was that the Commission's recommendation be approved on Tracts B & C, but Grant "8-1" as recommended by the Staff on Tract A. He stated that it is his opinion that since the City's development is moving toward the south part of town, there should be some areas that are zoned for general business rather than Neighborhood Business District, and that this would be a logical location for this classi- fication. He pointed out that there is a railroad tract running parallel to Holly Road; that Rodd Field Road is 120 feet wide and spreads to 250 feet wide at its intersection with Holly Rood, and is destined to become a major thoroughfare of the City. He pointed out the "B-4" zoning at various locations in this area and compared various widths of other streets in the vicinity. The Council questioned Mr. Smith as to whether or not he was asking for "B-4" zoning from the standpoint of use of signs, and Mr. Smith stated that was not the reason for the request. He stated he is requesting that the ordinance be amended and that "B4" be approved on Tract A as applied for and as recommended by the Planning Commission. Motion by Branch, seconded by Gonzales and passed, Stark voting "Nay", that "B-4" General Business District be granted on Tract A, being approximately 13.9 acres out of Lots 31 and 32, Section 28, Flour Bluff & Encina) Farm & Garden Tracts, and that the ordinance reflect this amendment. ORDINANCE NO. 11114 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY CF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565. E f SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF HULEN, H. HUNT BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS A, B, AND C, OUT OF LOTS 30, 31, AND 32, SECTION 28, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS, LOCATED ON THE NORTHEAST CORNER OF RODD FIELD AND HOLLY ROADS, SITUATED IN THE (iTY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE hiiLY D V*LLING DISTRICT TO "13-4" NEIGHBORHOOD BUSINESS DISTRICT AS TO tT ":; FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "A-2" SECOND Ar'Ai<foviENT i:I;iRIL A:. TO TRACT B; AND FROM "R -IB" ONE FAMILY DWELLING DISTRICT TO "R--2'' TWO FAMILY DWELLING DISTRICT AS TO TRACT C; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY, • Minutes Regular Council Meeting October 4, 1972 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". Mayor Sizemore called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Harlan R. Heitkamp of Maverick Engineering Company, appeared on behalf of the request of Seaview Hospital that the City allow extension of water and sewer service to a proposed site for location of the Seaview Psychiatric Hospital at Yorktown Road and South Staples. He explained that this request was first presented to the City Manager by letter September 13 and that it had been delayed since that time. He requested that the matter be expedited as soon as possible because they are anxious to begin construction. Dr. David A. Childers, Trustee, described the project, stating they plan to construct o 100 -bed psychiatric hospital on approximately 10 acres out of an 80 -acre tract they are acquiring. He presented a brochure of the present facility located at 1316 Third Street which specializes in the diagnosis, care, and treatment of patients with psychiatric problems. He explained it is the plan to build this facility outside the City Limits at the intersection of Yorktown and South Staples, and the open space is desired for physical activities of the patients and for expansion of the project. He stated the City Manager had been furnished a preliminary plan of what is proposed on the site. Mr. Heitkamp stated they are prepared to contract for annexation if neces- sary in order to obtain water and sewer services, City Mansje- Townmet>.d explained'(hat the request addresses itself to the OCL Water Policy which has not been resolved, and that is the reason it had not been placed on the agenda. He read the letter -proposal signed by Dr. Childers, dated September 13, 1972, ,.,I„ich stated ;hey would prefer to connect to tike City sanitary sewe system bur :' ,e: za=•4r service is not immediately available to the site, but as a temporary measure, proposed tc the service via rift station and force main to o manhole in Everhart Road south of the intersection of Saratoga and Everhart i;^ the Country Club system; that they are prepared to request a discharge permit from the Texas Water Quality Board and install a sewage treatment facility to handle the sewage needs of the project • Minutes Regular Council Meeting October 4, 1972 Page 9 if the Country Club system is unable to provide service on a temporary basis. Mr. Townsend stated the proposal has merit and can be judged alone on its merits even though the Council has not agreed to an overall policy on extension of services outside the City limints. He stated there is more staff work necessary regarding the sewer; that the Staff would not recommend their tying into the City's wastewater system gt Saratoga and Everhart unless the bond issue that will allow for the Saratoga Trunk extension is approved, and in that case, a temporary force main could then be extended to the Country Club system until such time as the Saratoga trunk has been constructed, In the event the band issue does not pass, the only choice the developer will have would be to install a package plant that will meet the Texas Water Quality Board standards. Mr. Townsend stated he has no reservations to recommending that the property be served, subject to satisfactory agreement. Motion by Bonniwel I, seconded by Stark and passed, that water and sewer service be extended to the Seaview Hospital site subject to satisfactory terms being worked out. Mr. Lynn Tate, Business Manager of the International Brotherhood of Electrical Workers, Local 278, restated his request of last week, that the City Council consider the employment of an outside consultant and a citizens' advisory committee to evaluate the basis for the request of Central Power and Light Company for a general rate increase and asked for a report on his request. He stated experts in this field are available at a reasonable cost. He requested that if the Council does not see fit to make o recommen- dation regarding the employment of an expert, they would request the option to employ one, and that the public hearing be postponed until a citizens committee can be appointed. City Manager Townsend stated there has not been time for evaluation of this request and therefore no recommendation. He explained that in the instance of rate ins":s?s. the Council octs as a rate -regulatory body and must act on evidence presented. r..c .mmend caution to this approach and would have reservations relative to a citizens odvisoo r.ummittee; that it would place the Council in a difficult position and would be comparable to a judge calling upon a citizens advisory committee to help him make his decisions. He suggested that this proposed citizens committee • • Minutes Regular Council Meeting October 4, 1972 Page 10 could serve a useful purpose if they spent their time gathering material and information, He stated the burden of proof would be on Central Power & Light to show justification for an increase to be presented at a public hearing, He stated it is possible he will suggest that the Council proceed with the public hearing without his recommendation, but that he will communicate with Mr, Tate if and when o recommendation is made. There being no further business to come before the Council, the Regular Meeting was adjourned at 4:35 p.m., October 4, 1972.