HomeMy WebLinkAboutMinutes City Council - 10/11/1972MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 11, 1972
3:00 P. M.
PRES'N ':
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
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Mayor Pro Tem Bonniwell called the meeting to order in the temporary
absence of Mayor Sizemore, and gave the Invocation,
City Secretary T. Ray Kring called the roll of those in attendance.
The Minutes of the Regular Meeting of September 27, 1972, were
approved as submitted to the Council.
Mayor Sizemore proclaimed October 16, 1972, as DAY -IN -COURT FOR
LEGAL SECRETARIES; October 15 through 21, 1972, as CLEAN AIR WEEK; OCTOBER 13,
1972, as NAVY DAY; and proclaimed Captain Barry Hilbrich to be the ADOPTED SON
OF CORPUS CHRISTI in recognition of his having been missing in action in Vietnam
since June 9, 1970, and urged citizens to support all efforts toward obtaining
information from Hanoi concerning the status and welfare of Captain Hilbrich.
Mayor Pro Tem Bonniwell recognized the Student Council of Mary
Carroll High School. The students were present for the purpose of observing
government in action. They were presented Certificates of Attendance, organiza-
tional charts of the City, and information concerning the Council,Manager plan
of City Government, Students present were: Susan Johnson, Vivian Hook, patty
Smith, Melissa Stewart, Bill Nelson, and Ira Lawson.
Commissioner Stark noted that Miss Susan Johnson was ane of the
students designated to go to Japan under the Student Exchange Program, and
commented that she had been an asset to the City and travelers Abroad.
City Manager Townsend presented the request of Mr. Jose A. Yanez
to close the alley located between Lot 1, Block 2, Temple Addition; Lot 1,
Block 2,Crockett Heights Addition; Lot 1, Block 1, San Diego Addition; and
Lot 1, Block 8, Casa Blanca Addition, He explained that it is located between
Sarita and MacArthur; is open on the ground, and vehicles are using the alley;
there are utilities in the alley; and it is the recommendation of the Staff
that the alley be closed with the provision that the easements be retained.
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Regular Council, Meeting
October 11, 1972
Page 2
Mr. Jose A. Yanez, 3726 Niagara, applicant, stated he is the owner
of Lot 1, Block 2, Temple Addition, and that this alley runs to the north side
of his property. He stated all the adjoining property owners are in favor of
the closing, but there had been some controversy as to its present use. He
stated there is a vacant lot on the corner at Belton and Sarita which is 96' x 96'
which faces Sarita, and that people who live in the area are using his driveway.
Ile stated he is aware that one-half of the area will be conveYed to him and the
other half to the other adjoining property owner, and that he understands that if
the existing utility lines are relocated, the property owners would bear that
expense. He explained that the request was made because he needs to know where
he stands in case he wants to build on his property.
Mr. Agustin Reyes appeared in favor of the closing, stating that he
owns and operates a store at the corner of MacArthur and Belton; that there is
no driveway; the people who rent the apartments are using this alley for parking
space; and that children from these apartments pilfer through his motors and
refrigeration equipment. He stated if the alley is closed a gate will be pro-
vided for the City to check utility meters.
Mr, Ismael D. Flores, 3253 Sarita, stated he owns the lot adjacent to
Mr, Reyes and did not object to the closing, but was concerned as to how far the
sewer line extended through the alley and how the area would be divided.
City Manager Townsend explained that one-half of the closed area
would be conveyed equally to the abutting property owners retaining an easement
on both sides.
(Mayor Sizemore arrived at the meeting at this time)
No one appeared in opposition to the foregoing request.
Motion by Lozano, seconded by Bonniwell and passed, that the hearing
be closed.
Motion by Lozano, seconded by Branch and passed, that the recommenda-
tion of the City Manager be concurred in and that the alley located between Lot 1,
Block 2, Temple Addition; Lot 1, Block 2, Crockett Heights; Lot 1, Block 1, San
Diego Addition; Lot 1, Block 8, Casa Blanca Addition, be closed subject to
retention of utility easements, and that an ordinance be brought forward
effectuating the closing.
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Regular Council Meeting
October 11, 1972
Page 3
Mayor Sizemore announced the public hearing on the request to change
the name of Egyptian Drive, abutting Lots 17 and 18, Block 27, Meadowlark Park
Addition to Euphrates Drive.
City Manager Townsend explained that all four abutting property owners,
the affected City Departments and the Postal Department have no objections, and it
is the Staff's recommendation that the name be changed to Euphrates.
No one appeared in opposition to the proposed street name change.
Motion by Branch, seconded by Lozano and passed, that the hearing be
closed.
Motion by Stark, seconded by Branch and passed, that the name of Egyptian
Drive, abutting Lots 17 and 18, Block 27, Meadowlark Park Addition, be changed to
Euphrates Drive, and that an ordinance be brought forward effectuating the change.
Mayor Sizemore called for the City Manager's Reports.
Motion by Branch, seconded by Bonniwell and passed, Stark voting "Nay"
on Item "k", that the City Manager's Reports, Items "a" through "m" be accepted,
and that the requests and recommendations be granted and approved as follows:
a. That the date of November 1, 1972 at 4:30 p.m., Special Meeting,
be set fora public hearing on the following zoning applications:
(1) Mrs. Harold M. Layton, Jr. - "R-2" to "AB", located on the
east'side of the 3200 Block of South Alameda between Glaze -
brook and Texan Trail.
(2) Mrs. Grace Dobson Lutz "R-2" to "AB", located on the east
side of the 3100 Block of South Alameda between Glazebrook
and Hoffman.
(3) Franciscan Poor Clares of Corpus Christi - "R -1B" to "A-2"
located west of Waldron Road, fronting on the south side of
Yorktown Boulevard.
(4) First State Bank - "R-13" to "B-4", located in the 400 Block
of Clifford and Palmero Streets.
(5) Thomas -Spann Building Corporation - "R -1B" & "A-2" to "AB",
located in the 1500 Block of 14th Street, Brownlee Boulevard
& 10th Street; and between Brownlee, Booty and McKenzie
Streets,
b. That bids be received at 11:00 a.m., Tuesday, October 31, 1972,
and
for one outboard motor and a 65 HP outboard motor/boat trailer for the City Marina.
c. That bids be received on Tuesday, October 31, 1972 at 11:00 a.m.,
for Electronic Wheel Balancer for the New Service Center.
d, That contracts be awarded to the following firms for Shop Equipment
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Minutes
Regular Council Meeting
October 11, 1972
Page 4
for the New Service Center on the basis of low bid meeting specifications:
Hollis Neese Auto Parts of Corpus Christi, five items of Shop Equipment,
$1,813.02; Motor Parts, Inc., Corpus Christi, four items of Shop Equipment,
$1,891.40, for a grand total of $3,704.42. Bids were received from four firms.
(bid Tabulation #48-72)
e, That the contract for maintenance and operation for streamflow
gauging station at Tilden Crossing on the Nueces River west of Three Rivers, Texas,
and the collection and analysis of twelve samples per year for heavy metals, with
the Texas Water Development Board and the United States Geological Survey, be
renewed. The cost to the City from September 1, 1972 through August 31, 1973,
is $1,968.00, and the cost during 1971-72 was $1,328.
f. That the Police Division Impounded Vehicle Storage Area project
be accepted as complete and final payment be authorized to the contractor, Fowco
Construction Company, Inc., in the amount of $2,155.56.
H. That the bids received on September 6, 1972, for the excavation of
the Greenwood Sanitary Landfill be rejected and authority be granted to sell dirt
from the landfill area on a negotiated basis until sufficient demand develops to
justify again receiving competitive bids. It is recommended that no dirt shall
be sold at less than the then prevailing local market price for dirt of the
Greenwood quality. A finding by the Council that the retention of dirt in the
Greenwood location, in place, serves no municipal purpose. In the event two or
more equal offers to buy the same quantity of dirt are received by the City at
the same time, or nearly so, the successful purchaser shall be determined by casting
lots.
h. That the firm of Urban Engineering be engaged to provide staking
services for the Flour Bluff Sanitary Sewer Mains, Contract 111, Project No, 251-
70-79.3 at a cost not to exceed $7,790.00. Resident inspection will be provided
under the existing contract for Unit I and Unit II at a cost of $1,500 per month,
and funds have been previously appropriated by Ordinance No, 10973.
i. That a contract for the construction of the Kostoryz Road storm
Sewer Improvements be awarded to Heldenfels Brothers in the amount of $240,907.75,
which award is based on the base bid which includes pipe rather than concrete box
(the project is partly financed by the Department of Housing and Urban Develop-
ment and the recommendation to award is subject to their concurrence), that an
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Regular Council Meeting
October 11, 1972
Page 5
appropriation in the amount of $255,000.00 to cover the contract, engineering and
related expenses, be approved.
J. That condemnation proceedings be authorized by the City of Corpus Christi
to acquire a parcel of land from the Estate of Juan A. Gonzales and Isabel M. Gonzales,
dgceased, which parcel is needed for the construction of Greenwood Drive Improvements,
and is located between Gollihar Road and West Point Road on the west side of Greenwood.
k. That the City Manager be authorized to execute an agreement between the
City and the developer of Congress Place Subdivision for Sanitary Sewer extensions
to said subdivision, whereby the City will reimburse the developer $8,605.06 upon
completion of the sewer line and the development of improvements on 20 lots.
1, That the public hearing on assessments for improvements to Greenwood
Drive from Padre Island Drive to Horne Road and West Point Road from Greenwood Drive
to Columbia be closed and the assessment roll be adopted as corrected by the Depart-
ment of Engineering Services; that a contract for these improvements plus the widening
of Gollihar from Prescott to State Highway 286 be awarded to Burtex Constructors in
the amount of $520,765.94; and that an appropriation of $545,000 to cover the award
of the contract plus contingencies and Engineering fees, be approved.
m. That an ordinance be presented for first reading on December 20, 1972,
for adoption of the 1972 Edition of the Southern Standard Plumbing Code, Southern
Standard Gas Code, and 1970 Edition of the Fire Prevention Code recommended by the
American Insurance Association. (The 1965 Edition of the Fire and Gas Codes and
the 1968 Edition of the Plumbing Code are now in effect)
City Manager Townsend presented the pending item of the appeal of Mrs.
Pauline Flores of a decision of the Building Standards 6, Housing Board of Appeals.
On determination that neither Mrs. Flores nor her legal representative were
present, Mayor Sizemore suggested that this pending matter be deferred to the end
of the meeting to allow time for representation.
City Secretary Kring reported that he had personally notified her attorney,
Mr. Albert Huerta, immediately prior to this meeting that the matter would be con-
sidered at this time.
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Minutes
Regular Council Meeting
October 11, 1972
Page 6
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXE-
CUTE A LEASE AGREEMENT WITH MILTON J. VAVRICEK COVERING AN 80 -ACRE
TRACT OF LAND (MORE OR LESS) OUT OF LOT 3, SECTION 14, BOHEMIAN COLONY
LANDS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES; AND AUTHORIZ-
ING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH C. A. HARRIS, JR,,
COVERING AN 8 -ACRE TRACT OF LAND (MORE OR LESS) OUT OF LOT 3, SECTION 14,
BOHEMIAN COLONY LANDS, FOR USE AS PASTURE LAND; BOTH OF THE AFOREMEN-
TIONED LEASES TO BE FOR A TERM OF FIVE (5)YEARS, BEGINNING SEPTEMBER 1, 1972,
AND EXTENDING TO AUGUST 31, 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: Sizemore,. Bonniwell, Bosquez, Branch, Gonzales, Lozano, and
Stark, present and voting "Aye"
SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI,
TEXAS, AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE AS GOLF PROFES-
SIONAL AT A COMPENSATION OF $200.00 PER MONTH AT THE 050 MUNICIPAL
GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF SHOP AND SNACK
BAR AREA LOCATED AT THE SAID OSO 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 GROSS RECEIPTS DERIVED THEREFROM, AND UNDER
THE TERMS AND CONDITIONS OF SAID LEASE, A COPY OF WHICH LEASE IS
ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the second time and passed to third reading
by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and
Stark, present and voting "Aye".
ORDINANCE NO, 11121
AMENDING ORDINANCE NO, 10852, PASSED AND APPROVED BY THE CITY COUNCIL
ON MAY 10, 1972, BY AMENDING THE CONTRACT AUTHORIZED THEREIN, BETWEEN
THE CITY OF CORPUS CHRISTI AND THE COASTAL BEND COUNCIL OF GOVERNMENTS,
FOR ASSIGNMENT OF THREE WORK STUDY STUDENTS SPONSORED THROUGH A
PROGRAM FUNDED THROUGH HUD FOR SEVEN MONTHS TO TERMINATE OCTOBER
31, 1972, BY ADDING i NEW ITEM TO THE SAID CONTRACT, TO BE NUMBERED
ITEM 21, TO PROVIDE FOR JOINT REVIEW AND AGREEMENT ON STUDENT WORK
ASSIGNMENTS WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS AND THE
PARTICIPATING UNIVERSITY; AND DECLARING AN EMERGENCY°
The Charter Rqle wns susp,,nded and the foregoing ordinance was passed by the
following vote: Sizemore, Bonruiwell, Bosquez, Branch, Gonzales, Lozano, and Stark,
present and voting "Aye".
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Minutes
Regular Council Meeting
October 11, 1972
Page 7
ORDINANCE NO. 11122
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS:
(1) GREENWOOD DRIVE, FROM THE NORTH R.O.W. LINE OF SOUTH PADRE ISLAND
DRIVE (STATE HIGHWAY 358) TO THE SOUTH R.O.W. LINE OF HORNE ROAD;
(2) WEST POINT ROAD, FROM THE WEST R.O.W. LINE OF GREENWOOD DRIVE TO
THE EAST R.O.W. LINE OF COLUMBIA PARKWAY;
AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE
SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE
IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE,
THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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. 11123
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURTEX CON-
STRUCTORS, INC., FOR THE CONSTRUCTION OF:
GREENWOOD DRIVE IMPROVEMENTS - SOUTH PADRE ISLAND DRIVE
TO HORNE ROAD,
2. WEST POINT ROAD IMPROVEMENTS - GREENWOOD DRIVE TO
COLUMBIA PARKWAY, AND
3. GOLLIHAR ROAD WIDENING - STATE HIGHWAY 286 TO PRESCOTT
STREET;
APPROPRIATING OUT OF NO. 220 STREET BOND FUND $545,000, OF WHICH
$520,765.94 IS FOR THE CONSTRUCTION CONTRACT, $1,826.47 15 FOR ADDITIONAL
ENGINEERING FEES OF MUNROE & BASS, AND $22,407.59 IS FOR CONTINGEN-
CIES AND INCIDENTAL EXPENSES; 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. 11124
AUTHORIZING T F CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS
BROTHERS FOR THE CONSTRUCTION OF KOSTORYZ ROAD STORM SEWER IMPROVE-
MENTS, H.U.D. PROJECT NO. WSF-TX--06-59-1026; APPROPRIATING OUT OF THE
NO. 296 STORM SEWER BOND FUND $255,000, OF WHICH $240,907.75 IS FOR THE
CONSTRUCTION CONTRACT AND $14,092.25 IS FOR CONTINGENCIES AND INCI-
DENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 296-70-3; AND DECLARING
AN EMERGENCY.
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Regular Council Meeting
October 11, 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".
ORDINANCE NO. 11125
AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI
TO CONDEMN FEE TITLE TO CERTAIN PARCEL OR TRACT OF LAND LOCATED IN
NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD
TITLE OWNERS, SAID CONDEMNATION BEING NECESSARY FOR THE GREENWOOD
DRIVE PAVING AND IMPROVEMENTS, PADRE ISLAND DRIVE TO HORNE ROAD,
BEING PROJECT NO. 220-70-113, AND FOR OTHER MUNICIPAL PURPOSES, AND
BEING WITHIN THE CORPORATE LIMITS OF THE CITY OF CORPUS CHRISTI; DIRECT-
ING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS
AGAINST JUAN M. GONZALEZ, ROSA M. GONZALEZ, JOSE M. GONZALEZ,
ARNULFO M. GONZALEZ, ALFONSO M. GONZALEZ, MANUEL M, GONZALEZ,
ADOLFO M. GONZALEZ, INDIVIDUALLY AND AS HEIRS OF THE ESTATE OF JUAN
A. GONZALEZ AND ISABEL M. GONZALEZ, DECEASED; 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".
Mayor Sizemore called for petitions or Information from the audience an
matters not scheduled on the agenda.
Mr. J. S. Naismith„ Engineer, representing Mr. Cliff Ponton, developer,
presented a request for sale of water by San Patricia Water District to a proposed sub-
division to be located approximately four and one-half miles from the Bay in San Patricic
County and approximately 13 miles by road from Calallen or Portland. He explained
that the subdivision will be made up of small tracts selling from three to five thousand
dollars each and are in need of a water system. He stated they are aware of the San
Patricia Water regulations which are strict and that they are ready to begin development
of the subdivision as soon as they have the authority to purchase water.
City Manager Townsend explained that this request had not been formally
submitted io the Council; that he had asked for some information which he had not re-
ceived; and for that reason was not in a position to present it to the Council. He stated
there is no question as to the sale of water by the San Patricia Water District by govern-
mental entities, but some question as to what are reasonable conditions which the City
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Regular Council Meeting
October 11, 1972
Page 9
should or should not impose an developers which are not governmental entities, artd what
exactly k the City's position in this particular case. He stated there are several other
similar requests pending which he is in the process of summarizing to be presented to the
Council at next week's workshop and will include Mr. Naismith's request. He stated that
Public Utilities Director Bob Schneider was aware of the requests and had asked for cost
information.
Mayor Sizemore asked that Mr. Naismith, Mr. Ponton, Mr. Schneider, and
representatives from the San Patricia Water District, be present for the workshop meeting
when these requests are considered.
Mr. Baldemar Tanguma, 4738 Larkspur, asked for clarification of a news
article he had read in the local newspaper regarding preparation of questions for Firemen
and Policemen examinations. He stated some were of the impression that the examina-
tions would be conducted by the federal government.
City Manager Townsend explained that this was an inter -governmental per-
sonnel action to provide guidance for the Civil Servi.e Commission by the employment
of a specialist to criticize and review the quality and methods by which questions are
prepared for examinations in an attempt to help determine whether or not the examina-
tion process was in fact a valid procedure and whether or not the best qualified people
are being employed without discrimination against any persons or groups. He stated the
examinations will not be conducted by the federal government.
Mayor Sizemore suggested that this be explained to the Firemen and Policemen,
and City Manager Townsend stated he would see that they were properly informed.
City Manager Townsend presented the pending item of the Appeal of Mrs.
Pauline Flores which was deferred earlier in the meeting. He noted that neither Mrs.
Flores nor her attorney were present. Mr. Townsend reviewed the background of the
appec;, stat:..^,g 1+,41, public hearing was held August 23, 1972, the hearing was closed
and the matter .tabled for two weeks; that on September 6, 1972, Mr. Huerta assured
the Council that the situation could be corrected within thirty days from that date, and
the Council further tabled the appeal until the llth of October. He explained that the
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Regular Council Meeting
October 11, 1972
Page 10
Building Standards & Housing Board of Appeals' decision July 7, 1972, was that the lot at
2810 Elgin owned by Mrs. Flores should be cleaned, the two rear houses demolished, and
the front house brought up to City standards.
Commissioner Gonzales confirmed City Secretary Kring's statement that Mr.
Huerta and sufficient notice and opportunity to be present at this meeting.
Motion by Stark, seconded by Bonniwell and passed, that the decision of the
Building Standards and Housing Board of Appeals of July 7, 1972, be upheld and that
the two rear houses located on the property at 2810 Elgin be demolished, the lot cleaned,
and the front house brought up to standard.
There being no further business to come before the Council, the meeting was
adjourned at 4:00 p.m., October 11, 1972.