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HomeMy WebLinkAboutMinutes City Council - 11/15/1972• PRESENT: CITY OF CORMIUST`CERISTI, TEXAS REGULAR COUNCIL MEETING November 15, 1972 3:00 P.M. Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez, M.D. Rev. Harold T. Branch Thomas V. Gonzales J. Howard Stark Assistant City Manager Archie Walker City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Pro Tem Charles A. Bonniwell called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Rudy A. Hernandez, pastor of Primera Ehglesia Bautista Church. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Gonzales, seconded by Branch and passed, that the absence of Mayor Sizemore.and Commissioner Lozano be excused for just cause. The Minutes of the Regular Council Meeting of November 1, 1972, at 3:00 p.m., and of the Special Meeting of November 1, 1972, at 4:30 p.m., were approved as submitted to the Council. Mayor Pro Tem Bonniwell announced the issuance of the following proclama- tions: MAYFLOWER COMPACT DAY, November 21, 1972; YOUTH APPRECIATION WEEK, November 13, through 19, 1972; THERE IS NO UNEMPLOYMENT IN MEDICINE DAY, November 18, 1972; JOBS FOR VETERANS WEEK, November 19 through 25, 1972; and NATIONAL RETARDATION DAYS, November 15 through 30, 1972. Mayor Pro Tem Bonniwell recognized the presence of approximately 30 students of Incarnate Word Government Class whowereattending the Council meeting as part of their education in government. Mayor Pro Tem Bonniwell presented a service plaque to Mr. Chester Payton who has been employed in the Transit Division as a bus operator and retiring after a total of 15 years service. His immediate supervisor Mr. Roy Klett was present for the occasion. Bids were opened and read by Director of Engineering Services James K. Lontos, for the air conditioning of the Police Building Communication Center and providing mechanical and electrical facilities for the installation of communication equip- ment plus emergency power generator and buildings, from the following firms: E. J. Netek Construction Company; Clements Electric Company; J. H. Chapman Construction Company; Electric Construction Company; and Scott Electric Company. • • Minutes Regular Council Meeting November 15, 1972 Page 2 Assistant City Manager Walker stated that the bid of E. J. Netek was received in the City Secretary's office after the established deadline of 2:00 p.m. due to misinformation from a member of the Staff that it could be submitted up to 3 p.m. After determination that no one in the audience objected to receipt of the bid, the Council agreed that it be accepted. The foregoing bids were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Bonniwell called for the City Manager's Reports, and Assistant City Manager Archie Walker made the following requests and recommendations: a. That the date of December 20, 1972, Special Meeting at 4:00 p.m„ be set for public hearing on the following zoning applications: (1) Manuel 5. Vela - "R -1B" to "B-1", located on the southeast corner of Barrera and Villarreal. (2) Roy Lay, Jr. - "R -1B" to "R-2", located between Flour Bluff Drive & McDonald Street south of Matlock Street. (3) C. E. Walton, Jr. & City Planning Commission - "B-1" to "B-4", located on the southeast corner of Landsdown & South Staples. (4) J. C. Sirkel, C. E. Frenzel & City Planning Commission - "B-1" to "8-4", located on the northeast corner of Landsdown & South Staples. (5) City Planning Commission - "B-1" to "B-4", located on the north- west corner of Landsdown & South Staples Street. (6) Ben D. Marks, Agent - "R -IB" and Special Permit to "A-1" & "B-4", located south of Padre Island Drive extending 1533' east of Flynn Parkway. (7) T. M. Bell - "R-2" to "AB", located in the 3400 Block of South Alameda Street. (8) Hulen Hunt - "A=2" to "8-4", located on the southeast corner of Padre Island and Nile Drives. b. That bids be received at 11:00 a.m., Tuesday, December 5, 1972, for 35 - 5 -Tray Storage Cabinets for the Museum, which additional equipment is included in the 1972-73 Museum Budget. c. That bids be received at 11:00 a.m., Tuesday, December 5, 1972, for the following items of office furniture: 17 desks, 4 tables, 33 file cabinets, 13 book cases, and 121 chairs. d. That a contract be awarded to D & M Automotive, Corpus Christi, Texas, for the purchase of an Electronic Engine Analyzer for the New Service Center, on the basis of low bid of $2,569.05. (Bid Tabulation #56-72) • • Minutes Regular Council Meeting November 15, 1972 Page 3 e. That a contract be awarded to Corpus Christi Rubber & Specialty Com- pany, Corpus Christi, Texas, for the purchase of an Electronic Wheel Balancer for the New Service Center, on the basis of low bid of $3,332.00. f. That bid award for 4 Refuse Packer Bodies be made to Pack -Mor Mfg. Co., San Antonio, Texas, for their bid of $22,000.00; and 6 Brush Bodies to American Trailer & Equipment Co., McAllen, Texas, for their low bid of $19,404.00. The recdmmended.bid on the Refuse Packer Bodies represents an additional cost of $20.00 over the low bid submitted by Hobbs Trailers. The City does not have any Hobbs -Pak bodies in their fleet of refuse collection units, and this additional amount would be more than offset by the stocking of necessary spare parts which would not be inter- changeable. Bids were received from seven firms. There was no increase in price on the packer bodies. The price on the brush bodies represents an increase of 11 percent. (See subsequent motion relative to this item) g, That the 10 -foot utility easement located on the south side of State Highway 44 between Baldwin Boulevard and 44th Street at the request of Mr. David S. Engel, be abandoned, subject to an alternate easement provided and existing utility lines relocated at the applicant's expense. h. That Trinity Engineering Testing Corporation be engaged to provide laboratory quality control on the Richter Area Street Improvement Project. The total lump sum fee for all testing work is $5,600.00, and represents approximately 1-1/2 of the construction contract. No additional appropriation is required since money has been previously provided in the contingency appropriation at the time the contract was awarded. i. That an agreement be authorized with Buford Nicholson, developer of Briarwood Subdivision Unit 1, whereby the City will reimburse the developer for the cost of curbs, gutters, sidewalks, andone-half the pavement along Rhine Drive where it abuts the public park in Briarwood Subdivision Unit 1, and that $2,953.03 be appropriated. This section of street connects to the portion in the adjacent: subdivision approved for reimbursement November 8, 1972. j. That plans and specifications for intersection improvements to Everhart Road and South Staples Street adjacent to Parkdale State Bank be approved and authority to receive bids on December 6, be granted. The project will be jointly constructed by the City and Parkdale State Bank and will require the closing of • • Minutes Regular Council Meeting November 15, 1972 Page 4 Parkdale Drive and the dedication of right-of-way for this construction. Parkdale State Bank will pay approximately one-half the cost. k. That the date of December 20, 1972, be set for a public hearing on the closing of an extension of Weber Street abutting Hopper Addition No. 2, Lot 6, Block 6, on the request of Mr. H. Durwood Thompson, Jr. 1. That the Central Business District Association be permitted to place Christmas decorations in the Central Business District and that 2 -hour free park- ing be permitted in the 200, 300 and 400 Blocks of Chaparral Street from November 20, 1972 until December 27, 1972. An Insurance Certificate for $100,000, $300,000, $100,000 has been filed with this office insuring the City against claims for injury and/or property damage that might result from this Christmas project. Mr. Delton Holt, representative of Hobbs Trailers of San Antonio, Texas, appeared and protested the recommendation to award the bid for 4 Refuse Packer Bodies for the Sanitation Division to Pack -Mor Manufacturing Company on the basis that the City does not have any Hobbs -Pak Bodies in their fleet of refuse collec- tion units, and that this additional amount would be more than offset by the stocking of necessary spare parts which would not be interchangeable. Mr. Holt noted that Hobbs Trailers was lower by $20.00 per unit. He stated his company had met all specifications in the bid invitation, and so far as stocking spare parts, did not feel it a good policy to stock parts which would remain in storage for a year or more; and that his company would cooperate with tie Public Works Depart- ment relative to quoting prices. He pointed out that the City had a policy of awarding bids to low bidders if specifications were met, and asked the Council's reconsideration of the recommendation. Assistant City Manager Archie Walker explained that the recommendation had been made on the basis of low bid meeting specifications and most advantageous to the City; that they were ready to advertise for bids early this year, and that further delay would cost the City more money. He stated the prices have not changed. Mayor Pro Tem Bonniwell pointed out the City's policy is to encourage com- petitive bidding, and that he does not feel enough information has been presented for a Council decision at this time. He stated that Mr. Holt's concern was that his product was being questioned and not his price, and that he would recommend that Item "f" of the City Manager's Reports pertaining to the award of bid on 4 Refuse Packer Bodies be withdrawn for reconsideration. • • Minutes Regular Council Meeting November 15,1972 Page 5 Motion by Stark, seconded by Branch and passed, that the City Manager's Reports, Items "a" through "1" (deleting Item "f'), be accepted, and that the requests and recommendations be granted and approved as presented with exception of Item "f" as noted. SECOND READING OF AN ORDINANCE AMENDING SECTION 21-156 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, DESIGNATED "SCHEDULE TV - STOPPING, STANDING, OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY DELETING THEREFROM THAT ITEM THAT NOW READS "EAST SHORELINE 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 second time and passed to its third reading by the following vote: Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Sizemore and Lozano absent. ORDINANCE NO. 11170 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH BUFORD NICHOLSON, DEVELOPER OF BRIARWOOD SUBDIVISION UNIT 1, FOR THE CONSTRUCTION OF CURBS, GUTTERS, SIDEWALKS, AND ONE-HALF THE STREET PAVEMENT ABUTTING THE PUBLIC PARK IN BRIARWOOD SUBDIVISION UNIT 1, AS IS MORE FULLY SET FORTH IN THE AGREEMENT ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $2,953.03, OF WHICH $2,747 IS FOR CONSTRUCTION AND $206.03 IS FOR ENGINEERING, ALL APPLICABLE TO PROJECT NO. 220-70-133; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and tha foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Sizemore and Lozano absent. ORDINANCE NO. 11171 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF ISSUANCE OF IMPROVEMENT BONDS. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Sizemore and Lozano absent. ORDINANCE NO. 11172 CLOSING AND ABANDONING TO DAVID S. ENGEL A PORTION OF A TEN (10) FOOT UTILITY EASEMENT, WHICH HAD PREVIOUSLY BEEN DEDICATED TO THE CITY, OVER BLOCKS 13 AND 17 OF THE J. C. RUSSELL FARM BLOCKS; PROVIDING THAT AN ALTERNATE EASEMENT BE DEDICATED BY SEPARATE INSTRUMENT; PROVIDING THAT THE ABANDONMENT BE SUBJECT TO THE RELOCATION OF ALL UTILITY LINES LOCATED IN THAT PORTION TO BE ABANDONED AT THE APPLICANT'S EXPENSE; A COPY OF THE INSTRUMENT OF DEDICATION AND ABANDONMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Bonniwell, Bosquez, Branch, Gonzales and Stark, present and voting "Aye"; Sizemore and Lozano absent. • q • Minutes Regular Council Meeting November 15, 1972 Page 6 RESOLUTION NO, 11173 THAT THE SALE OF BONDS TO BE SUBMITTED FOR VOTER APPROVAL ON DECEMBER 9, 1972, SHALL BE SO SCHEDULED THAT A TAX INCREASE FOR TAX SUPPORTED DEBT SERVICE PAYMENTS WILL NOT BE NECESSARY; IN ADDITION, THE STAFF IS HEREBY INSTRUCTED TO EARMARK $500,000 EACH YEAR OUT OF REVENUE SHARING FUNDS TO BE APPLIED FOR DEBT SERVICE IN THE EVENT OTHER REVENUES ARE NOT SUFFICIENT TO MEET DEBT SERVICE PAYMENTS WITHOUT A TAX INCREASE. The Charter Rule was suspended and the foregoing Resolution was passed by -the following vote: Bonniwell, Bosquez, Branch, Gonzales and Stark, present .and voting "Aye"; Sizemore and Losano.absent. Mayor Pro Tem Bonniwell read the text of the foregoing resolution relative to the City committing $500,000 per year of Federal Revenue -Sharing Funds to insure that the $34,750,000 bond issue will not require,a tax increase for bond - debt service, and explained that it was written at the request of Mayor Sizemore and approval of Commissioner Lozano who are in Salt Lake City, Utah, conferring on The Choke Canyon Dam Site Project, and had sent signed requests that the reso- lution be passed. He stated the Counci'l.is unanimous on this subject and morally obligated by this resolution. He commented that all the bond projects will gener-= ate new activity; are essential and vital to improve the quaiity of community life,.and will provide for orderly growth and economic stimulus for the community. He 'explained that normal growth may be enough to meet the debt service payments, but if not, the Revenue -Sharing Fund will. Commissioner Branch commented that in the event this Federal Reve.`:r.e- Sharing money, is not needed to off -set a tax increase, it has to be spent within 18 months of each year, and it is anticipated that the full amount will not be needed the first year. Commissioner Stark stated he felt this Council is fortunate to be in a position to promote such .a program at this time and because of the Revenua-Sharing Funds, will be assured. that the bond issue: will not require a tax increase. Relative to the Constitutional Amendments 5 & 6 approved at the November 7, General Election, Mayor Pro Tem Bonniwell stated the Finance Department would be directed to make a study to determine the effect of the Amendment which would allow $3,000 property exemptions on homesteads of persons 65 and over; and certain exemptions to Veterans or their dependents. He stated the study should be com- pleted before the end of this fiscal year so possible exemptions can be considered Minutes Regular Council Meeting November I5, 1972 Page 7 before adoption of next year's budget. Motion by Branch, seconded by Bosquez and passed, that the foregoing directive be authorized. Mayor Pro Tem Bonniwell called for petitions or information from t&.e audience on matters not scheduled on the agenda. Mrs. Kay McCracken, representing the Audubon Outdoor Club of Corpus Christi and other groups interested in the preservation of Corpus Christi Beach, and Dr. Hans Suter, representing OPUS, appeared and urged the Council to abide by its previous oral commitment and take whatever action necessary to insure that the Carpue Christi Beach restoration project, as part of the current bond program, will be maintained as a public beach. They stated they are aware that an oral statement does not bind future City officials and suggested that as a safeguard, an ordinance be passed to this effect. They stated that when this is done, they are prepared to work vigorously for the bond issue. Mrs. McCracken stated the Audubon Outdoor Club further requests that the ordinance be specific in providing full, unlimited access and use of the total improvement to the public. She pointed out that descriptions of beach boundaries can be interpreted in various ways, and could conceivably limit use to a strip between "wet lines" only a few fret apart, and that the Legal Staff should make proper land descriptions. (Council Exhibit #10-72) Mr. Walker stated the project is a joint one with the U.S. Army Corps of Engineers which requires as part of its participation, that the beach remain op=n to the public. Mayor Pro Tem Bonniwell stated the Council shares this concern, and that he has no objection to instructing the Staff to prepare and bring forth for adopion a resolution to the effect that Corpus Christi Beach will be maintained as e public beach. He pointed out that beaches are controlled by State Law. He sug- gested that copies of this resolution be mailed to Mr. Suter and Mrs. McCracken. There being no further business to come before the Council, the Regular Meeting was adjourned at 4:10 p.m., November 15, 1972.