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.
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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)
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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
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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.
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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.