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HomeMy WebLinkAboutMinutes City Council - 11/08/19720 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING November B, 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 Hall, Church. City Manager R. Marvin Townsend City Attorney James R. Riggs Assistant City Attorney Hal George City Secretary T, Ray Kring Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the The Invocation was given by The Reverend B. Linn Self, Pastor of Trinity Baptist City Secretary T. Ray Kling called the roll of those in attendance. The Minutes of the Regular Council Meeting of October 25, 1972, were approved as submitted to the Council. Mayor Sizemore proclaimed the week of November 5 through 11, 1972, as LIFE INSURANCE WEEK; and November 13 through 19, 1972, as YOUTH APPRECIATION WEEK. Mayor Sizemore presented Certificates of Attendance to members of the Paul Haas Junior Nigh School Student Council as follows: Julie Stokes, Connie David, Susie Hatridge, Barbara Bryan, and Jana Hazlett. Miss Zay White, Sponsor, accompanied the students. City Manager Townsend presented for the Council's consideration the following ordinance: ORDINANCE NO. 11155 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOL- LOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Ayers Street from a point approximately 3600 L.F. south of the center line of Alexander Street northward to the north right of way line of Norton Street; and 2. East side of South Port Avenue from the north right of way line of Port Ayers Subdivi- sion Center Annex B to its intersection with the west side of Ayers Street; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. • • Minutes Regular Council Meeting November 8, 1972 Page 2 The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Sizemore, Borniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". City Secretary Kring was authorized to file notice in the office of the County Clerk of Nueces County, of the foregoing action. Mayor Sizemore called for the City Manager's reports, and City Manager Townsend made the following requests and recommendations: a. That the date of December 20, 1972, Regular Meeting, be set for a public hearing on a request of Mr. Tim Clower to close a 20 -foot alley between Lots A-1 and A-2 and along the property line of Lot A-2 in the Habluetzel Subdivision. b. That the date of December 20, 1972, Regular Meeting, be set for a public hearing on the closing of the alley located between Lots 1, 33, 34, 36 and 38, Block 3, Austin No. 1 Addition, the applicant being agreeable to the City retaining utility easements. e. That the award of bid to Gulf Coast Marine, Corpus Christi, for purchase of one 16' 7" Outboard Motor Boat and Trailer on the basis of their low bid meeting speci- fications for a total price of $3,991 .00, be approved. The low bid of $3,566.00 submitted by Don's Marine is on a boat with a "V" bottom hull, and the specifications called for a tri-hedral hull bottom. The boat being replaced has been sold for $5,050 - bids were received from three firms. (Bid Tabulation #55-72) d. That the No Parking 7 - 9:00 A.M. Prohibition be lifted on northbound Shoreline Boulevard, east side, between Craig Avenue and Belden Street. Shoreline is striped for 3 traffic lanes and one park°ng lane; parking will not significantly interfere with morning peak -hour traffic movement; and benefits would be: reduced sign clutter; availability of parking next to breakwater for tourists and fishermen; additional curb park- ing space for employees in the Central Business District; and less parking enforcement for the Police. The Traffic Safety Advisory Board and the Central Business District Associa- tion endorse this recommendation. e. That authority be granted to apply for State Traffic Safety Program assis- tance in developing and implementing a Barricade and Detouring Program, under which the State will grant over 50% of the project cost. Proposed is a 3 -year program costing • • Minutes Regular Council Meeting November 8, 1972 Page 3 $48,671, and the City's 3 -year share, excluding in-kind contributions, would be $14,720. The State has indicated it would pay 100% of the first year; 50% of the second year; and 25% of the third year costs. f. That the Brownlee -Leathers Area Drainage System and the Johns Street Outfall project under contract with Couch Construction Company be accepted as complete and that final payment of $48,388.24 be authorized. The total project cost of $388,806.40 is $3,14-4.30 below the original contract due mainly to reducing the length of the reinforced concrete culvert on West Broadway Street and minor variations on actual construction quantities. Completion was delayed while the City worked out right-of-way problems through the oil tank farm. g. That the Airline Road from Alameda to Ocean Drive, under contract by Heldenfels Brothers, be accepted as complete and that final payment of $81,280.48 be authorized. The project was completed in 44 working days and it is noteworthy that this is less than one-half the 100 working days allotted by the contract. The total contract is $146,418.25. h. That the bids received on October 18, 1972, for the Tree Planting Contract in seven parks be rejected and in lieu thereof, the Purchasing Agent be authorized to receive bids at 11:00 a.m. on Tuesday, December 5, 1972, on the basis of the nurseries furnishing the trees guaranteed for six months and the Parks Department to plant and maintain those trees; that in addition to the 452 trees for the seven parks, bids be received for trees approved in the 1972-73 park budget and for West Guth Park. The trees are as follows: Orchid trees, 34; Tallow trees, 225; Cottonwood trees, 193; Live Oak trees, 173; Wild Olive trees, 71; and Mimosa 11, For a total number of trees, 712. i. That the City Manager be authorized to execute Consent Agreements with the Texas -Mexican Railway Company and the United States of America whereby the City will be authorized to install a 42 -inch reinforced concrete storm sewer pipe under the U.S.Naval Air Station Track at Holly and Nelson Lane, being required in connection with the construction of the Gardendale Storm Sewer Project. • • Minutes Regular Council Meeting November 8, 1972 Page 4 1. That the acquisition of Parcels 480 and 483 for the Crosstown Expressway be completed by appropriating an additional $36,500. The City took possession of both tracts in 1967 by depositing the amount that the Special Commissioners found to be correct and the land owners appealed each case. The original award for parcel 480, owned by Mr. Giles Grady, was $70,000. An additional $35,000 is recommended to settle the case, including interest since 1967. Parcel 483, a .694 -acre tract, received a Commissioners award of $6,550 in 1967, and the owners are agreeable to settle for an additional $1,500 including interest since 1967. k. That the preliminary assessment roll for Ayers Street improvements from Norton to Port Avenue be accepted as submitted by the Department of Engineering Services and a public hearing on assessments be held on December 13, 1972, at 4:00 p.m. Bids on the project were received by the State Highway Commission, and the low bid was submitted by Heldenfels Brothers for $445,367.70. The project will be jointly constructed by the Texas Highway Department and the City of Corpus Christi under the Urban Systems Program; the City will furnish the right-of-way, drainage, and concrete work, and the State High- way Department will provide the paving. 1. That an agreement be authorized with B. R. Willeford and Joseph A. Hansler, developers of Briarwood Subdivision Unit 2, whereby the City will pay the cost of curbs, gutters, sidewalks, and one-half of the cost of pavement along Thames Drive where it abuts the public park in Briarwood Subdivision Unit 2, and $6,560.26 be appropriated. m. That $5,000.00 be appropriated for incidental expenses in connection with the acquisition of right-of-way for the Bayfront Open Space Parks, which will be spent as necessary for updating existing appraisals, preparation of new appraisals, expert witnesses, aerial photographs, commissioners fees, court costs and title fees. Five parcels remain to be acquired and four parcels are on appeal from condemnation. n. That the acquisition of Parcel No. 1 from Mr. and Mrs. Oswald J. Weiser, required for the construction of Richter Area Street Improvements, be authorized and that $5,005,50 be appropriated including $4,868.50 for land acquisition and $137.00 for closing costs. • • Minutes Regular Council Meeting November 8, 1972 Page 5 o. That the Special Hearing on assessments held October 25, 1972, for Hygeia Street be closed and the assessment roll adopted and reflecting a 50% assessment for curb, gutter, sidewalk and pavement for all properties along Hygeia. p. That the International Aerial Mapping Company of San Antonio, Texas, be authorized to provide photographic plan, planametric and profile sheets for the South Staples Street project from Padre Island Drive to Saratoga, which project is to be constructed jointly between the City and the Texas Highway Department. It is estimated that the pro- ject can be constructed sooner if design work proceeds at the earliest possible date; the photographic sheets are needed so that design work can commence immediately, and an appropriation of $2,275.00 is requested to cover the cost. q. That the City Manager be authorized to enter into an agreement with the Texas Criminal Justice Council for a Police Community Relations Recreation Program Grant far $19,857, which will provide for an expansion of the Community Relations Program by providing an athletic program to be carried on by police officers at various City and school recreational facilities. The local share of $6,803 is all in-kind consisting mainly of salaries. r. That the City Manager be authorized to enter into an agreement with the Texas Criminal Justice Council for a Nueces County Organized Crime Control Unit Grant for $86,797, which will be the first year's funding for a three-year project. An Organized Crime Control Council will be formed From representatives of Police Division, Nueces County Sheriff's Department, and the District Attorney's Office for the purpose of detecting, controlling and preventing organized crime in Nueces County by directing its attention toward areas in which organized crime is known to infiltrate. The local share of $38,091 is all in-kind consisting of salaries. s. That the City enter into an agreement as recommended on October 25, 1972, with the owners of the land south of Gardendale and across Holly Road for the construction of storm sewers across the land, with the owners dedicating a 10' wide and a 60' wide drainage easement plus giving the City $5,000.00 and the City constructing underground storm sewers through the easement as part of the Gardendale Project. • Minutes Regular Council Meeting November 8, 1972 Page 6 t. That the date of December 13, 1972, at 4:30 p.m., be set for a public hear- ing on the request of Central Power and Light Company for a general rate increase. Motion by Stark, seconded by Bosquez and passed, that the City Manager's Reports, Items "a" through "t" be accepted, and the requests and recommendations be approved as presented. Mr. David Perry, attorney representing the Corpus Christi Consumers Association, appeared and advised the Council that his organization plans to make a presentation at the hearing set for December 13 on Central Power & Light Company's request for a rate increase and asked that they be furnished with information and enough notice in advance to review LPL's presentation, and for the right of cross-examination of testimony presented at the hearing. He stated he felt it would be a much more efficient procedure if neither the City nor the Central Power & Light Company presented a lot of new information at the hearing, placing all sides in a difficult position to respond. He stated that no one so far seems to know what the procedure of the hearing will be and felt some ground rules should be established beforehand. He stated that since the City Council will be acting in the capa- city of a judicial body, they should assume a neutral position. He suggested that he be allowed to meet with CPL representatives and the City Staff to work out a procedure. City Manager Townsend stated that it would be difficult to reproduce the large quantity of material and information which has been furnished by CPL, but that this information is available to Mr. Perry or any other interested parties during regular office hours. He stated the Staff is still in 4.he process of analyzing the information and that he will request any other information which is pertinent. He stated the Staff is in no position to suggest to CPL the manner of presentation at the hearing, but that he will be in touch with all who are going to be involved and that all will be advised of the procedure at the hearing. Mayor Pro Tem Bonniwell suggested that several other major cities be con- tacted to determine how they conduct this type hearing. City Manager Townsend stated the Legal Department would check with other major cities, possibly Dallas and Houston. It was agreed that the Legal Deportment, Mr. • Minutes Regular Council Meeting November 8, 1972 Page 7 Perry, Central Power & Light represer,tatives,and Mr. Townsend, would meet for the pur- pose of establishing ground rules and a pro,ed.re for conducting the public hearing following a check with other cities. City Secretary Kring reported that a petifion containing approximately 300 signatures of persons who feel the requea of CPL for a rate increase is unfair and unjustified. ORDINANCE NO. 11156 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Ayers Street from a point approximately 3600 L.F. ,;oath of the center line of Alexander Street northward to the north right-of-way line of Norton Street 2. East side of South Port Avenue from the rorth right-of-way line of Port Ayers Subdivision Center Annex B to its intersection with the west aide of Ayers Street DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, DECEMBER 13, 1972, AT 4700 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRGST; AND DECLARING AN EMERGENCY. The Charter Rule was sc,sperded and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwel[, Bo quez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11157 THIRD 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, ,ECTION 14, BOHEMIAN COLONY LANDS, TO BE USED FOR FARMING AND AGRICULTURAL PURPOSES; AND AUTHOR- IZING 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 AFOREMENTIONED 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 PER- TINENT PURPOSES. The foregoing ordinance was read for 'be third time and passed by the follow- ing vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". • Minutes Regular Council Meeting November 8, 1972 Page 8 ORDINANCE NO. 11158 THIRD 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 PRO- FESSIONAL AT 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 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 third time and passed 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 A LEASE AGREEMENT WITH THE OSO LITTLE MISSES KICKBALL, LEASING TO THE SAID OSO LITTLE MISSES KICKBALL A 4.23 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A LITTLE MISSES KICKBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREE- MENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to third reading by the following vote: Sizemcre, Boar:°swell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE NATIONAL LITTLE LEAGUE, LEASING TO SAID NATIONAL LITTLE LEAGUE A 4.35 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE PRO- GRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT °A", 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". FIRST READING OF AN ORDINANCE AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, DESIGNATED "SCHEDULE IV - STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY DELETING THEREFROM THAT ITEM THAT NOW READS "EAST SHORE- LINE BOULEVARD, BETWEEN CRAIG AVENUE AND BELDEN STREET, BETWEEN 7:00 A.M. AND 9:00 A.M."; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to third reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". Mi nJtes Regular Cc4rcII Meeting November 8„ 1972 Page 9 ORDINANCE NO. 11159 • AUTHORIZING THE CITY MANAGER I'O ACCEPT THE PROPOSAL OF INTERNATIONAL AERIAL MAPPING COMPANY TO PROVIDE AERIAL PHOTOGRAPHY AND PREPARE PLANAMETRIC PLAN AND PROFILE SHEETS FOR THE SOUTH STAPLES STREET IMPROVE, MENTS PROJECT; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $2,275 FOR SAID SERVICES APPLICABLE TO PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote Sizemore, Bonniwell, BosgJez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 11160 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND $5,000 FOR INCIDENTAL EXPENSES IN ACQUIRING RIGHT-OF-WAY FOR THE BAYFRONT OPEN SPACE PARKS, PROJECT NO. 291-70-8, ALL EXPENSES TO BE PAID ON THE RECOMMEN- DATION OF THE DIRECTOR OF ENGINEERING SERVICES AND THE APPROVAL OF THE CITY MANAGER; AND DECLARING AN EMERGENCY. The Charter Rule was Suspended and the foregoing ordinance was passed by the followiir'g vote: Sizemore, Borm well, Bcsquez, Branch, Gonzales, Lozano, and Stark, present aid votlrg "Aye". ORDINANCE NO. 11161 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 THE INSTALLATION OF A 42 -INCH DIAMETER REINFORCED CONCRETE PIPE UNDER THE U.S.NAVAL AIR STATION RAILROAD TRACK AT STATION 469+85, SAID CONSTRUCTION BEING A PART OF THE GARDENDALE STORM SEWER IMPROVEMENTS PROJECT, PROJECT NO. 296-70-2; AND DECLARING AN EMERGENCY. The Charter Rule was su.gpended and the foregoing ordinance was passed by the following vote: Sizemore, Bc rr°weH, 3oag::ez, Branch, Gonzales, Lozano, and Stark, present and votlng "Aye" ORDINANCE NO. 11162 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT WITH OSWALD J. WEISER AND W1FE, 3AREARA 1. WEISER, FOR THE ACQUISITION OF PARCEL NO. 1 REQUIRED FOR THE CONSTRUCTION OF RICHTER AREA STREET IMPROVEMENTS; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $5,005.50 OF WHICH $4,868.50 IS FOR THE LAND ACQUISITION AND $137 IS FOR INCIDENTAL EXPENSES RELATED TO THE CLOSING OF THE PURCHASE, ALL APPLICABLE TO PROJECT NO. 22C-67-92.6; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bcnniwell, Bosguez, Branch, Gonzales, Lozano, and Stark, • Minutes Regular Council Meeting November 8, 1972 Page 10 present and voting "Aye". ORDINANCE NO, 11163 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: HYGEIA STREET, FROM AYERS STREET TO MUNICIPAL SERVICE CENTER ROAD, 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, Bon,niwell, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11164 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH B. R. WILLEFORD AND JOSEPH A. HANSLER, DEVELOPERS OF BRIARWOOD SUBDIVISION UNIT 2, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDI- VISION UNIT 2, AS ES MORE FULLSET FORTH IN THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT "Al., AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $6,560.26, OF WHICH $6,102.57 IS FOR CONSTRUCTION AND $457.69 VS FOR ENGINEERING, ALL APPLICABLE TO PRO- JECT NO. 220-70-133; AND DECLARING AN EMERGENCY. The Charter Rade was s: peraded and the foregoing ordinance was passed by the following vote: Sizemore, Bc,nniwcJ. Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye". ORDINANCE NO, 11165 AUTHORIZING THE CITY MANAGER "O EXECUTE AGREEMENTS WITH THE OWNERS OF LOTS 3, 4, and 5, SECTION 4, FLOUR BLUFF & ENCINAL FARM AND GARDEN TRACTS, WHEREBY THE OWNERS W:iL!. DEDICATE 10 -FOOT AND 60 -FOOT DRAINAGE EASEMENTS AND REIMBURSE THE CITY IN THE SUM OF $5,000 FOR CONSTRUCTION OF REINFORCED CONCRETE PIPE AND BOX STORM SEWERS IN CONNECTION WITH THE GARDENDALE AREA STORM SEWER IMPROVEMENTS, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A', AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was sl:,pended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez„ Branch, Gonzales, Lozano, and Stark, present and voting "Aye". • • Minutes Regular Council Meeting November 8, 1972 Page 11 ORDINANCE NO, 11166 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $36,500 IN SETTLEMENT OF CONDEMNATION PROCEEDINGS IN CONNECTION WITH ACQUISI- TION OF PARCELS 480 AND 483, CROSSTOWN EXPRESSWAY, TARLTON TO PADRE ISLAND DRIVE, PROJECT NO. 220-56-24.3; 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. 11167 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 AMEN- DED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO, 6106, AS AMENDED, UPON APPLICATION OF DAVID MAY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20, 21 AND 22, SECTION 47, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "T-1" TRAVEL TRAILER PARK, MOBILE HOME PARK, AND MOBILE HOME SUBDIVISION; 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, Bosquez, Branch, Gonzales, Lozano, and Stark, present and voting "Aye", Bonniwell voting "Nay" Mayor Sizemore called for petitions from the audience on matters not sche- duled on the agenda. No one appeared. Motion by Bonniwell and passed that the Regular Meeting be recessed until 4:30 p.m. Mayor Sizemore called the meeting to order at 4:30 p.m. and announced the public hearing on the proposal to annex certain Bay areas to the City limits, and asked City Manager Townsend to present the proposal. City Manager Townsend explained the proposal stating that five areas had been originally included; that the Council on November 1 had indicated by motion and so instructed the Staff that it was not the desire to proceed with a public hearing per- taining to Areas A, B, C and D, and that these areas be deleted and the discussions of this hearing be confined to annexation of Area E, which is the Bay area, and that the • Minutes Regular Council Meeting November 8, 1972 Page 12 remaining areas be brought back for consideration after January 1, 1973. He explained that those excluded areas involved the Saratoga Area, Clarkwood-San Juan Area, Calallen High School and San Carlos Area, and Allison Treatment Service Area. He pointed out the location on the map, stating that Corpus Christi Bay and Laguna Madre from the pre- vious City limits to Mustang and Padre Islands and from the Ship Channel to within five miles of the National Seashore were annexed by Council action during 1970-71, and that private lands, including Shamrock Island, and the strip of Bay in both Aransas Pass and Corpus Christi's extra -territorial jurisdiction were omitted; that Aransas Pass and Corpus Christi have contractually agreed that the Ship Channel is a logical dividing line between the two communities; that the annexation of the area from the Ship Channel to five miles from the National Seashore and out to Mustang and Padre Islands is proposed to bring in the Bay area near Aransas Pass and whatever private lands or property may exist in the water areas. He stated it is the Staff's recommendation that these areas be annexed to the City to be within the City limits and within the City's regulations for environmental control and that an ordinance be brought forward calling an election on this issue. He stated it is the City's position that some of these areas hove already been annexed by ordinance but if there are any privately owned lands or property that were not previously annexed, they will be annexed by this operation, He pointed out the area currently in litigation on the map and stated this annexation process does not in any way affect the law suit or taxes in litigation. No one appeared to speak in connection with the proposal to annex the Bay areas described by City Manager Townsend, identified as Area E. Motion by Stark, seconded by Bosquez and passed, that the hearing be closed. Motion by Branch, seconded by Bonniwell and passed, that the recommenda- tion of the City Manager be accepted and that an ordinance be brought forward calling an election for annexation of Area E, Mayor Sizemore announced the informal public hearing on the proposed bond election tentatively set for December 9. • Minutes Regular Council Meeting November 8, 1972 Page 13 City Manager Townsend presented in detail the nine propositiors which have been recommended to be included in the proposed bond election for a total program of $34,750,000. The propositions include: Convention Center, Auditorium, Sanitary Sewers, Parks and Beaches, Transit and Aviation, Public Buildings, Drainage, Streets, and Upper Level College, He quoted figures of costs of each proposal, including the original Staff proposal and suggested changes. He explained minor changes and additions in certain projects, including drainage in Shea Parkway and West Oso Baldwin Farms; and also street improvements on Coopers Alley from Mesquite to Tancahua; Starlite Lane, from Leopard to Sunny; and Waldron from Carribean to Purdue. He explained that County officials had asked that the work be done on Coopers Alley to provide better traffic flow to and from the new County Courthouse to be built in the Uptown area. He explained the drainage in Shea Parkway, stating the ditches will be regraded, a con- crete bottom added, and on irrigation system installed along the sides; that this would be a one and one-half mile stretch from Everhart to Flynn and along Shea and Flynn from Holly to Saratoga. He explained that the sides of the ditch will be constructed so as to accommodate mowing equipment and that the irrigation system will allow the City to keep a grass cover on the slopes. Relative to the Auditorium, Mr, Townsend presented a new architect's pan which he stated would cost some $4,900,000 and would have the same 2,500 seatong capacity as the more expensive design. He stated the difference between this and the original plan is that support facilities have been reduced in size and that none of the changes that have been made would hamper the usefulness of the auditorium. He explained that if the auditorium issue passes and the Convention Center fails,, it probably could not be built because money for land and parking facilities are ie the convention center's allotment. He stated the plans are to place the buildings adjacent to each other so they can use a common lobby area and other facilities. He distri- buted copies of the architect's summary report of the plans for the auditorium. Mr. Townsend stated he has every reason to believe the bonds could be sold over a three to five-year period without increasing the tax rate for debt service. He • Minutes Regular Council Meeting November 8, 1972 Page 14 stated it will be determined within the next two or three weeks the use of the Revenue Sharing Funds, that this will be decided by the Council, but may be needed to make good the promise that the bonds would not cause a tax increase. He pointed out contemplated and potential revenue increases, including re-evaluation of properties and wales tax. Mayor Sizemore stated that the proposed bond issues have included every pro- ject far which petitions have been received for street improvements on which petitioners state they are willing to pay their share, Mayor Sizemore gave those in the audience an opportunity to question the Council and Staff with regard to the bond propositions as a whole or any specific items. Mr. Gerald Hamilton, 4401 South Shea Parkway, spoke on behalf of a number of persons present in the Shannon and Country Club Estates Areas. He asked for an explanation of specifically what was to be done to the Shea Parkway Drainage Ditch, stating the ditch is presently in a deplorable condition, unsightly, and a health hazard from stagnant water, debris, and mosquitoes. He inquired as to when the work will be begun if the bond issue passes and if the Staff is aware of the erosion problems. City Manager Townsend explained in detail the plans for the Shea Parkway Drainage Ditch, stating that it would be from one to three years to get actual construc- tion started; that the Staff is aware of the erosion problems and the proposed improve- ments will correct the problems. He stated it is the intention to keep maintenance low, and once the grass is established, it should hold. Mr. R. M. Watson, 4713 Shea Parkway, stated that water stands abo^.ut two feet deep under the bridge that crosses Shea at Everhart and that debris and dead animals collect, He asked if this pollution hazard will be corrected as a result of the improvements. Mr, Townsend stated the bridge area has been a difficult problem because of the direction of the flow of water, but that the improvements will correct this problem. Mr. Arthur L. Rogers, 4409 O'Casey, stated if the curbing were two inches higher, the water would flow into his house and suggested that the curbs be eliminated, City Manager Townsend stated the height of the curbing would not be changed. • Minutes Regular Council Meeting November 8, 1972 Page 15 Mr. Harry Warren, 4402 O'Malley; Mr. B. Y. Butler, 4322 Biltmore; Mrs. John Holcomb, 4702 Wooldridge; Mrs. Ruth New, 1246 Annapolis; and Mrs. William Hopkins, 230 Pearl Street, all stated they were very much in favor of all the items recom- mended to be placed on the ballot for election. Mrs. New stated she would not be in Favor of cutting down on what was first planned for the Convention Center, stating she felt it should be built in adequate proportions the first time. She pointed out that the facility we have now is not adequate. City Manager Townsend explained that the sugges- tions mode are not suggestions that in any way reduce the flexibility for serviceability of the buildings; that there is no change in the number of seats or square footage, and that the recommended changes in the proposals should have been made in the original proposal. He stated that only some luxuries have been eliminated and none of the changes would hamper the usefulness of the auditorium. He explained that warehouse space can be found close to the proposed auditorium site which would be inexpensive compared to adding storage space to the auditorium. He explained that the auditorium will be listed as a separate item on the ballot, along with eight others including the convention center. Mayor Sizemore asked if there were those present who had suggestions for new projects. No one appeared. He asked if there were those in the audience in opposition to any portion or the entire bond program. No one indicated opposition. Approximately 30 persons in the audience indicated by the show of hands their appro- val of the bond program and particularly of the Shea Parkway proposal. Mayor Pro Tem Bonniwell stated he wished to make a brief comment relative to Proposition No, 1 in connection with the Upper Level College. He stated every member of the Council feels that the Upper Level College is vital to the fstrire growth of Corpus Christi and that he does not think it can be emphasized enough that passage of this item is crucial and that it will clearly demonstrate to the State Legislature this community's determination to see an Upper Level College built in Corpus Christi. Mrs. Jack Modesett, Jr.,11 Hewit, President of Corpus Christi Symphony Society, spoke in favor of the auditorium and presented a petition containing approxi- mately 2,120 signatures of persons in favor of placing the auditorium item on the Minutes Regular Council Meeting November 8, 1972 Page 16 ballot for election along with the other proposed bond issues. She stated they are in favor of all the issues and will pledge their active support. Mr. Donald Greene, Vice President of the Corpus Christi Arts Council, stated that the Board of Directors of the Corpus Christi Arts Council voted at their regular meeting of October 31 to strongly affirm the position token by the Executive Board sup- porting the Planning Commission's recommendation that the Auditorium be included in the proposed Convention Center proposition. Mr. W. T. Neyland, 201 Oleander, thanked the Council for including improvement of Coopers Alley from Mesquite to Tancahua in the current bond program. He stated he felt the access from downtown to the new Courthouse will be very beneficial to both areas. Mrs. George A. Mather, Jr., 1325 Annapolis, speaking for the American Association of University Women, stated she was in favor of all the propositions and that the Association had voted unanimously to pledge their support for the auditorium item on the bond election. Mr. Robert Shaw, representing the Corpus Christi Junior Chamber of Commerce, read a resolution signed by the JAYCEES president, stating they wholeheartedly support a Civic Center for the City of Corpus Christi and that it is their desire that such Civic Center be located in an area at the north end of Shoreline Drive. He stated this organi- zation would actively support this endeavor. Mrs. Wm. A. Atlee, 4322 Briggs, representing the Shamrock Garden Club, pledged active support of the item for improvement of Shea Parkway. Mr. Cecil Burney, attorney, spoke in support of the proposition for purchase of buildings and additional 35 acres for the Upper Level College. He also stated he would like to go on record in support of the entire bond program. Mayor Pro Tem Bonniwell read a letter from Michael Kendrick, Jr. com- mending the Council for assuming the role of leadership in planning for the future and pledged support to the entire bond program. Mayor Sizemore recognized Capt. J. T. Acuff, Chairman, and Ralph • Minutes Regular Council Meeting November 8, 1972 Page 17 Durden, member, of the Zoning and Planning Commission. Mayor Sizemore requested that the Staff be definite in tying down the exact location of the convention center site adjacent to the Bayfront Arts and Science Park on Shoreline, stating he feels this is necessary to avoid charges that the Council could change the location after the election, Motion by Bonniwell, seconded by Bosquez and passed, that the hearing be closed. Motion by Bonniwell, seconded by Branch and passed, that an ordinance be brought forward calling an election to include all bond issues as presented by the City Manager for a total of $34,750,000. ORDINANCE NO. 11168 AUTHORIZING THE CITY MANAGER TO EXECUTE AN ACCEPTANCE AGREEMENT WITH THE CRIMINAL JUSTICE COUNCIL, STATE OF TEXAS, FOR GRANT NO, 2-13-1267, IMPROVEMENT OF COMMUNITY RELATIONS THROUGH CIVIC AND RECREATION PROGRAMS IN THE AMOUNT OF $19,857; 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, 11169 AUTHORIZING THE CITY MANAGER TQ EXECUTE AN ACCEPTANCE AGREEMENT WITH THE CRIMINAL JUSTICE COUNCIL, STATE OF TEXAS, FOR GRANT NO. 2-G2-1204, NUECES COUNTY ORGANIZED CRIME CONTROL UNIT, IN THE AMOUNT OF $86,797; 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". There being no further business to come before the Council, the meeting was adjourned at 6:20, November 8, 1972,