HomeMy WebLinkAboutMinutes City Council - 10/25/1972MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
October 25, 1972
3:00 P.M.
PRESENT:
Mayor Ronnie Sizemore
Mayor Pro Tem Chas. A. Bonniwell
Commissioners:
Roberto Bosquez, M.D.
Thomas V, Gonzales
Gabe Lozano, Sr.
J. Howard Stark
City Manager R. Marvin Townsend
Assistant City Attorney Hal George
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 Jim Dace, Pastor of Unitarian
Church.
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City Secretary T. Ray Kring called the roll of those in attendance.
Motion by Lozano, seconded by Bonniwell and passed, that the absence
of Commissioner Branch be excused for just cause.
Mayor Sizemore presented Certificates of Attendance to the following
members of the Student Council of Cunningham Junior High School: Linda Garcia,
Yolanda Calderon, David Gutierrez, Frank Quesada, Gloria Gomez, and Oliva Botello.
They were accompanied by their sponsor Mrs. Dorthie Grant.
Mayor Sizemore nominated Mr. Wm. Whittle for reappointment to the Mental
Health and Mental Retardation Community Center Board.
Motion by Stark, seconded by Bonniwell and passed, that the foregoing
nomination for reappointment of Mr. Wm. Whittle to serve a two-year term on the
Mental Health and Mental Retardation Community Center, be approved and confirmed.
Mayor Sizemore called for the City Manager's Reports.
Motion by Bonniwell, seconded by Gonzales and passed, that the City
Manager's Reports, Items "a" through "j" be -accepted, and that the requests and
recommendations be granted and approved as follows:
a. That the date of November 22, 1972, at 4:30 p.m., be set for a
public hearing on the following zoning applications:
(1) John Mendleski - "R-2" to "B-4", located on the southwest
corner of Roberts Drive and Avalon Street.
(2) Graford Rogers - "13-1" to "B-4", locatedon_the south side of
the 6300 Block of McArdle Road.
(3) Iris Powell Grant, Trustee - "R -1B" to "AB", located on the
south side of the 10000 Block of UpRiver Road.
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Minutes
Regular Council Meeting
October 25, 1972
Page 2
(4) Orthmed Building Corp, - "R -1B" & "AB" to "B-1", located
on the west side of the 3800 Block of Weber Road,
(5) City of Corpus Christi - "R-2" to "R -1B", located on the
southwest side of the 2900 Block of Sokol Drive between
Wharton and Richter Streets.
b. That bids be received at 11:00 a.m., Tuesday, November 14, 1972,
foran Ultra -Low Volume Fog Generator for Vector Control in the use of mosquito
control.
c. That the application of McMoRan Exploration Company, to drill their
State Tract 178, Well #1 in Laguna Madre, be approved. The well is to be drilled
to a depth of 11,000' as a straight hole and is located about six miles south of
the intersection of Kennedy Causeway and Flour Bluff. No exceptions to Ordinance
No. 10,048 are requested.
d. That the City Manager be authorized to execute a Consent Agreement
with the Texas -Mexican Railway Company and the United States of America for installa-
tion of a 60" reinforced concrete storm sewer crossing under the railroad track
at Holly and Kostoryz, in connection with the Kostoryz Road storm sewer improve-
ments for which bids were recently received.
e. That the City enter into an agreement with Saratoga Land Company for
the strengthening of Everhart Road between Saratoga and Middlecoff Road to a
stronger cross section above the Platting Ordinance standards; that 8" of caliche
be used in lieu of 6" and that 4" of Hot -mix be used in lieu of 2"; and the cost
of the City's share being $12,178.25 including $400.00 for engineering.
f. That a change order be approved to the Gardendale Storm Sewer Con-
tract for $24,241.13, to provide for the elimination of the outfall drainage ditch
from Holly Road to the Schanen Drainage Ditch by the City constructing a reinforced
concrete box in one location and a 48" concrete pipe in another, plus the modifi-
cation of the existing drainage system along Nelson Lane and Holly Road to the
reinforced concrete box; the owners to dedicate the right-of-way for both the pipe
and the box, thus eliminating the need to acquire right-of-way along the boundary
of the subdivision, and pay the City $5,000 for betterment to their land as a
result of this change; that the City enter into such an agreement with the property
owners and developers of Ridgewood Subdivision, Mr. John Zerr and Heldenfels
Brothers. This revised approach will eliminate the need to acquire en easement
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Minutes
Regular Council Meeting
October 25, 1972
Page 3
at an estimated cost in excess of $20,000.
g. That the City Manager be authorized to file a grant application
with the U. S. Civil Service Commission for technical assistance through the Inter-
governmental Personnel Act of 1970, the objective being to update and validate
entrance and promotional examinations in the Police and Fire Divisions. Total
grant funds requested will be $21,000 with the City's share being $5,300, all in-kind.
The project will begin in February, 1973, and take approximately 8 months to
complete.
h. That the amended application for the sanitary sewer line to Padre
Island Corpus Christi and the McNorton, San Juan and Clarkwood area, be approved.
The Padre Island Application has been revised and reduced in scope and is now
reduced to where service is provided only to developed portions; the plant is a
500,000 GPD plant; the application includes four lift stations, one near Section 2
and 3, one near Section A and B, and one near Nueces County Park, with the central
lift Station D at the intersection of Whitecap Boulevard and Padre Island Drive and a
large force main down Whitecap to the Plant site. The lift station at the plant
site has been eliminated. The Clarkwood application provides for a lift station
and force main plus gravity mains from the Clarkwood townsite all the way to the
existing sewer system near the lift station on Clarkwood Road by the Celanese Plant
near Highway 9.
i. That participation with the Southwest Research Institute project be
approved to the extent of $2,000 to improve a pile cutting device which could
substantially reduce the cost of removing the pilings across Nueces Bay between
Corpus Christi Beach and Portland, the study to be in cooperation with the Sea
Grant Office of Texas A&M University which will provide approximately $8,000 and
Atlantic Richfield who will participate at least to the extent of $1,000; that an
appropriation be approved from the Bridge Bond Fund which was created in 1956 for the
lift bridge, channel widening, railroad relocation project, which has a balance in
excess of $50,000 which was provided by the City, Navigation District, and the
County, from miscellaneous income such as rent received from property acquired as
a part of the project.
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Minutes
Regular Council Meeting
October 25, 1972
Page 'a
j That a public hearing be held at 4:30 p.m., on Wednesday, November 8,
1972, on annexation of certain areas to the City.
SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, AS AMENDED, GENERALLY
KNOWN AS THE PLATTING ORDINANCE BY AMENDING SECTION V, SUBSECTION B(5) THEREOF
SO AS TO PROVIDE FOR WATER TO EACH LOT IN A SUBDIVISION LOCATED WITHIN ONE MILE
OF AN APPROVED WATER SUPPLY BOTH INSIDE AND OUTSIDE THE CITY LIMITS; TO PROVIDE
FOR DISTRIBUTION SYSTEM STANDARDS PUBLISHED BY THE WATER DIVISION ON FILE WITH
THE CITY SECRETARY; TO PROVIDE FOR NOTICE OF CHANGE OF SAID STANDARDS; TO PROVIDE
FOR WATER TO EACH LOT IN A SUBDIVISION WHERE AN APPROVED WATER SUPPLY TS NOT
WITHIN ONE MILE BY WELLS TO PROVIDE ADEQUATE POTABLE AND FIRE PROTECTION WATER;
TO PROVIDE SUCH WELLS TO BE CONSTRUCTED UNDER THE SUPERVISION OF THE CITY -COUNTY
HEALTH UNIT OF THE COUNTY IN WHICH THE LOT IS LOCATED ACCORDING TO THE AFORE-
MENTIONED DISTRIBUTION SYSTEM STANDARDS; PROVIDING FOR PUBLICATION; AND PROVIDING
FOR SEVERABILITY,
The foregoing ordinance was read for the second time and passed to its
third reading by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales,
Lozano, and Stark, present and voting "Aye"; Branch absent.
ORDINANCE NO. 11133
AUTHORIZING THE CITY MANAGER TO EXECUTE CONSENT AGREEMENTS BETWEEN THE CITY OF
CORPUS CHRISTI AND THE TEXAS -MEXICAN RAILWAY COMPANY AND THE UNITED STATES OF
AMERICA IN CONNECTION WITH CONSTRUCTION OF A 60 -INCH DIAMETER REINFORCED CON-
CRETE PIPE UNDER THE U. S. NAVAL AIR STATION RAILROAD TRACK AT STATION 350+25
SAID CONSTRUCTION BEING A PORTION OF THE KOSTORYZ ROAD STORM SEWER IMPROVEMENTS,
PROJECT NO. 296-70-3; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent,
ORDINANCE NO.11134
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH SARATOGA LAND CO.
WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR CONSTRUCTING EVERHART ROAD
FROM SARATOGA BOULEVARD TO MIDDLECOFF ROAD TO PAVEMENT STANDARDS GREATER THAN
THOSE REQUIRED IN THE PLATTING ORDINANCE, ALL IN ACCORDANCE WITH THE AGREEMENT
ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT
OF THE NO. 220 STREET BOND FUND $12,178.26, OF WHICH $11,778.26 IS FOR THE
CONSTRUCTION AND $400 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220-70-130;
AND DECLARING AN EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent.
ORDINANCE NO. 11135
AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH
H & H CONCRETE CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF GARDENDALE AREA STORM ,
SEWER IMPROVEMENTS, HUD PROJECT NO. PWS -TX -06-59-1017; APPROPRIATING OUT OF
NO. 296 STORM SEWER BOND FUND $24,241.13 FOR SAID CHANGE ORDER, ALL APPLICABLE
TO PROJECT NO, 296-70-2; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
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Minutes
Regular Council Meeting
October 259 1972
Page 14.5
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent.
ORDINANCE NO.11136
AUTHORIZING THE CITY MANAGER TO FILE A GRANT APPLICATION FOR TECHNICAL ASSISTANCE
THROUGH THE INTERGOVERNMENTAL PERSONNEL ACT OF 1970, A COPY OF WHICH GRANT APPLI-
CATION IS ATTACHED HERETO AND MADE A PART HEREOF, AND TO EXECUTE ALL CONTRACTS,
DOCUMENTS AND INSTRUMENTS INCIDENT THERETO; AND DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent.
ORDINANCE NO. 11137
DIRECTING CITY SECRETARY TO PUBLISH THE ATTACHED FORM OF NOTICE FOR A HEARING
TO CONSIDER ANNEXATION OF PROPERTIES DESCRIBED IN SAID FORM NOTICE OF A PUBLIC
HEARING TO BE HELD IN THE CITY COUNCIL CHAMBER ON NOVEMBER 8, 1972, AT 4:30 P.M.,
DECLARING AN EMERGENCY.
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent,
ORDINANCE NO. 11138
AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDED APPLICATION FOR A FEDERAL
GRANT UNDER THE FEDERAL WATER POLLUTION CONTROL ACT, PUBLIC LAW 660, AS AMENDED,
TO ASSIST THE CITY IN THE CONSTRUCTION OF A 500 GPD SEWAGE TREATMENT PLANT WITH
TERTIARY TREATMENT, FOUR LIFT STATIONS, FORCE MAINS, AND GRAVITY TRUNK MAINS
ON PADRE ISLAND AND A LIFT STATION, FORCE MAIN, AND GRAVITY TRUNK MAIN IN THE
CLARKWOOD AREA; DESIGNATING THE CITY MANAGER, R. MARVIN TOWNSEND, AS THE AUTHOR-
IZED REPRESENTATIVE WITH AUTHORITY TO SIGN DOCUMENTS NECESSARY TO COMPLETE THE
PROJECT; AND DECLARING AN EMERGENCY,
The Charter rule was suspended and the foregoing ordinance was passed
by the following vote: Sizemore, Bonniwell, Bosquez, Gonzales, Lozano and Stark,
present and voting "Aye"; Branch absent.
Mayor Sizemore announced the Regular Meetingwouldbe recessed until
4:00 p.m., during which time the Council held the meeting of the Corpus Christi
Municipal Gas Corporation.
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Mayor Sizemore reconvened the meeting at 4:00 p.m., and announced the
Council would hold the scheduled public hearing on assessments on a portion of the
Richter Street Area Street Improvements. He asked that it be noted that a quorum
of the Council was present to hold a valid meeting; that each member of the
Council had been furnished a copy of the Preliminary Assessment Roll, and that
Senior Assistant City Attorney Michael May would conduct the hearing.
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Minutes
Regular Council Meeting
October 25, 1972
Page'$h
City Manager Townsend explained that the public hearing on the Richter
Street Area Street Improvements was held on August 2, 1972, and that the hearing was
being re -opened for the purpose of hearing testimony relative to Hygeia Street only in
view of a protest received from Mr. L. E. Null, attorney representing Mr. Oswald J.
Weiser, owner of property abutting on Hygeia and Sacky, listed on the Assessment Roll
as Item #213; and also that this hearing is concerned with Item #214 in the name of
Hygeia Dairy Company. Mr. Townsend explained that Mr. Weiser had stated he did not
appear at the August 2 hearing because he did not receive a notice of such hearing.
Senior Assistant City Attorney Michael May explained the purpose of the
hearing is to comply with the statutes regarding paving assessments; that the Staff
would offer testimony from the City Engineer and evaluation testimony from a real
estate appraiser to substantiate the assessments which appear on the Preliminary
Assessment Roll; that the hearing was to form a basis on which the Council, acting
as a legislative body, would determine or establish the assessments on the abutting
properties, so assessed, that they will be enhanced at least to the amount of the
assessment.
Mr. James K. Lontos, Director of Engineering Services, testified as to his
occupation, time of residence in the City, and formal qualifications and familiarity
with the subject project. He presented the plans and specifications for the proposed
improvements on Hygeia Street; explained the nature and extent, and pointed out the
specific location on the map as being the north side of Hygeia Street from Ayers to
the Municipal Service Center Road, and the south side of Hygeia Street, from Ayers
to the Service Center Road. He stated that Hygeia Street was designed for 37 -foot width
because of its industrial nature, and included curb and gutter, sidewalks and drive-
ways. He explained that the assessment rates have been determined in accordance with
the City policy and by using the low bid submitted by Heldenf.els Brothers and apply-
ing these prices to the front footage of the abutting property.
Mr. Harold Carr testified as to his identity as a real estate appraiser,
time of residence in the City of Corpus Christi, occupation, experience as an
appraiser of all types of real estate, residential, commercial, vacant and rural, and
his familiarity with the subject street. He stated the two properties in question
were rectangular in shape; that he had examined both parcels, and in his opinion,
both will be enhanced in value as a result of the improvements at least to the amount
of the assessments.
Minutes
Regular Council Meeting
October 25, 1972
Page '6.7
Attorney L. E. Null questioned Mr. Carr as to his knowledge of the exist-
ing trailer park, and specifically, if this trailer park would be enhanced in value
as a result of the construction of curb and gutters. Mr. Carr stated he had been
aware of the use of this land, and the existence of the trailer park had been taken
into consideration when he made his recommendation,
Mr. Oswald J. Weiser, 4654 Marks, owner of property abutting on both
Sacky and Hygeia, identified on the assessment roll as Item #213, appeared and
stated he is the owner of Mobile Home Courts at this location, and protested the
assessment for curb and gutters and sidewalks on Hygeia Street on the basis that he
did not feel they were necessary and would devalue rather than enhance the property
because of the added traffic of City employees to the Municipal Service Center. He
explained that Hygeia Street is a deadend street and the improvements would only
benefit the City employees' parking lot and he would, in effect, be paying for the
improvement of this public parking facility. He stated he did not understand why
Hygeia Dairy Company representatives were not present to protest because of the
difficulty they would have to operate with the curb and gutter on their side of the
Street. He stated he did not plan to sell his property, and that his tenants of
the trailer park would not be concerned whether or not there were curb and gutters
and sidewalk; and that he was also concerned about not being able to afford the
$4,118.93 assessment, Mr. Weiser stated it should be noted that there are no
existing curbs and gutters except those proposed around the Municipal Service Center,
and that all streets north, south and west, have no curb and gutters. He explained
that he has access to his trailer park from Ayers Street and Sacky.
City Manager Townsend pointed out that this property is presently zoned
for "I-2" which is part of the problem. It was pointed out that the land could be
deed restricted to single-family use, but under any other circumstances, could be
sold for commercial use.
No one else appeared to be heard in regard to the paving assessments on
Hygeia Street.
Motion by Bonniwell, seconded by Lozano and passed, that the hearing be
closed and that the assessments on Hygeia Street be taken under advisement.
There being no further business to come before the Council, the Regular
Meeting was adjourned at 4:45 p.m., October 25, 1972.
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I, RONNIE SIZEMORE, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of October 4, 1972, to October 25, 1972,
inclusive, and having been previously approved by Council action, are by me hereby
approved.
RONNIE SIZE ORE, r
City of Corpus Christi, Te as
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