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HomeMy WebLinkAboutMinutes City Council - 10/10/1973PRESENT: Mayor Jason Luby Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 10, 1973 2:00 P. M. City Manager R. Marvin Townsend Assistant City Attorney Hal George City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Mr. Cleo LaRue, student minister. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Branch and passed, that the absence of Mayor Pro Tem Acuff be excused for just cause. Motion by Lozano, seconded by Tom Gonzales and passed, that the Minutes of the Regular Council Meeting of September 26, 1973, be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: COLUMBUS DAY, Friday, October 12, 1973; 4-H CLUB WEEK, October 8 through 14, 1973; and DAY - IN -COURT FOR LEGAL SECRETARIES, Wednesday, October 17, 1973. City Manager Townsend stated it had come to his attention that the applicant of Zoning Application 46973-3, Dwight L. Smith, Jr., for change of zoning on property located on the northwest corner of Violet Road and Blades Street, had, prior to the hearing October 3, 1973, made a request that the hearing be postponed because of his being unable to be present at that time. Mr. Townsend stated it was his recom- mendation that the case be re -scheduled for hearing and that the usual procedures of publication and notices to property owners be followed. Motion by Stark, seconded by Lozano and passed, that Application #973-3, Dwight L. Smith Jr., be re -scheduled for public hearing on November 7, 1973 at 3:00 p.m. as recommended. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a, That a public hearing be held October 31, 1973 at 3 p.m. on the following zoning applications: (1) Mr. James R. Preis - "R -1B" to "R-2", located on the north side of Frederick Street, west of Wood Street. • Minutes Regular Council Meeting October 10, 1973 Page 2 (2) Hosack Machinery Company - "B-4" to "I-2", located on the east side of Leopard Street between East Eliff and East Buckhorn Streets. (3) Physicians & Surgeons General Hospital - "R -1B" and Special Permit to "AB", located on the southeast side of the 4600 Block of Weber Road between Barnes Street and Bradford Drive. (4) Mr. John T. Tucker - "F -R" to "A-2" and "B-4", located on the northwest corner of Rodd Field Road and Woolridge Road, That a public hearing be held November 7, at 3 p.m. on the following zoning applications; (1) Mr. Reyes Castillo & Jose Rodriguez, Jr. - "A-2" to "B-4", located on the east side of Cheyenne Street, south of Morgan Avenue. (2) Mr. Ronald B. Hower - "F -R" to "I-2", located on the east side of Rand Morgan Road between Highway 4644 and McNorton Road. (3) Nueces County - "A-2" to "B-5", located between Mestina Street on the north, Waco Street on the west, Comanche Street on the south, and the east side of Carrizo Street. (4) Mr. Dwight L. Smith, Jr. - "R -1B" to "B-1", located on the north- west corner of Violet Road and Blades Street. b. That bids be received at 11:00 a.m., Tuesday, October 30, 1973 on the following items: (1) A 3 -year elevator maintenance contract for elevators at City Hall, the Public Utilities Building, La Retest." Public Library, and International Airport. (2) 168 handguns and 48 sets of leather goods (holsters, belts, etc.) for the Police Department. (3) Two 12 -passenger vans with air conditioning for the Senior Citizens Program. (4) Lease of 15 magnetic disc packs with drive for the Data Processing Department for a 3 -year term with an option to renew for 2 years. Funds are available in the 1973-74 Budget or the related Federal Grant Program to cover these purchases. c. That bids be received at 11.00 a.m., Tuesday, November 6, 1973, for eight 250 GPM (Gallons per Minute) High Back Pressure Foam Makers for the Fire Department. Sufficient funds are available in the 1973-74 Budget. d. That a contract be awarded to American Tank Company, Nevada, Missouri, for the disassembly and removal of the 125,000 gallon Overhead Water Tank at Padre Island Drive and East Lakewise Drive, based on their low bid of $8,988. The tank is somewhat of an obstruction to Naval flight paths, is not high enough to act as a pressure equalizing facility, and was made surplus by the construction of a 1,000,000 • • Minutes Regular Council Meeting October 10, 1973 Page 3 gallon tank on Flour Bluff Drive and the new 20 inch water main on Padre Island Drive. Bids were received from 5 firms and no price comparison is possible because a tank of this size has not been disassembled and removed before. e. That Tax Adjustments to the City's Tax Rolls as submitted by the Tax Assessor -Collector for February 1 thru April 31, 1973, be approved as follows: Net Decreases 1972 Tax Roll Increase $ (52.67) Prior Years' Tax Rolls 4,991.75 $4,939.08 The net increase of $25 to the 1972 Roll includes a net decrease of $382 in Real Estate Tax and a net increase of $434 in Personal Property Tax. Principal adjustments were increases of $878 for four properties in Meadowlark Park on which improvements were supplemented; a decrease of $447 because of the removal of improvements from a property in South Beach; a decrease of $1,008 for property of L. Boggus Rental and Leasing when records were presented; an increase of $265 for property of Cement Trucking and an increase of $2,323 for property of Materials Transportation Company supplemented to the roll. f. That the City lease Parcel No. 10-A, an irregularly shaped tract of land located between Hearn Road and Magee Lane, purchased in 1970 for the Greenway Water Line Easement and containing 3.937 acres, to Mr. Lonzo B. Tomerlin for grazing for five years at an annual rental of $260.00, subject to a sixty day cancellation at the option of the City. Three bids were received. The City Council had previously authorized leasing the land to Mr. Joe C. Bickham who refused the lease. g. That parking be prohibited on both sides of Craig Street from Ocean Drive to the alley east of 2nd Street and on the south side of Ocean Drive from a point 500 feet west to a point 500 feet east of the A & I University Campus entrance. The area near Craig Street is adjacent to the property recently rezoned. The no - parking near the A & I University entrance is to allow for vehicle channelization. The Traffic Safety Advisory Board and the staff at A & I University at Corpus Christi concur. h. That gas rates be increased by 10p per MCF per month in every applicable rate category except that the last two steps will be 34c and 32c respectively; and that a cost of gas purchase clause be added so that cost of gas to the City over 30c will be automatically added to the retail sales price of gas. • Minutes Regular Council Meeting October 10, 1973 Page 4 i. That a drainage easement 10 feet wide through Tract L, Savage Addition be closed. The easement was dedicated to the County in 1948. La Quinta Motor Inn requests the closing and the County has no objection. The City has no need for the easement. j. That the apparent low bid of $79,951 submitted by L & L Construction Company for Interior Finishing, Phase Two, Corpus Christi Museum be rejected, and the bid security be returned because an apparent $18,900 error was made in the bid and that a contract be awarded to J. H. Chapman Construction Company for $97,510. An appropriation of $100,000 is requested of which $97,510 is for the construction contract, $875.70 for additional architect's fees by Page, Southerland, Page and Whittet, and $1,614.30 for related costs. k. That the Driveway Ordinance be amended to require mandatory curb cuts, to change the term of a driveway permit from three years to one year because it is felt that a three year term is too long, and to change any reference in the ordinance to the Director of Public Works to the Director of Engineering and Physical Develop- ment. 1. That Ordinance No. 11678 dated September 5, 1973 be amended to provide for a revision in the funds appropriated for laboratory services of Trinity Testing Laboratory, Inc., for Greenwood Park Improvements and the Softball Complex. $1,510 was appropriated for laboratory services with $1,045 for Greenwood Park and $465 for the Softball Complex. The revised appropriation will provide $3,435.00 with $1,000 for Greenwood Park and $2,435.00 for the Softball Complex. The Greenwood Park portion is reduced to $1,000 because one less auger boring will be required than originally estimated and the Softball Complex portion is increased to $2,435 because a greater number of borings than anticipated will be required for the design of light standards to assure the stability of the supporting structures and the former amount also did not allow for visual classification. m. That final payment be authorized to Manson Industries for $13,221.10 for Hurricane Celia repairs to Corpus Christi International Airport, said payment to be made to the Registry of the Court on behalf of the City. There is currently pending trial of a lawsuit relating to this matter and the trial creates an emergency requiring immediate consideration of this item by the City Council. • Minutes Regular Council Meeting October 10, 1973 Page 5 n. That the proposal of the Gulf Coast Botanical Zoological Society for a dolphin show to be possibly located in the Bayfront Science Park, be referred to the Planning Commission, Park Board and any other advisory boards which may have an interest in the matter for their recommendations and comments. Motion by Lozano, seconded by Tom Gonzales and passed, that the City Manager's Reports, Items "a" through "n" be accepted, and the requests and recommendations be granted and approved as presented by City Manager Townsend. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREE- MENT WITH LONZO B. TOMERLIN COVERING 3.937 ACRES BETWEEN HEARN ROAD AND MAGEE LANE, BEING OUT OF THE GREGORIO FARMS GRANT, ABSTRACT NO. 592, MORE PARTICULARLY DESCRIBED HEREINAFTER, SAID LAND TO BE FOR GRAZING PURPOSES, COVERING A FIVE-YEAR TERM, BEGINNING OCTOBER 15, 1973 AND ENDING OCTOBER 14, 1978, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON PORTIONS OF CRAIG STREET AND OCEAN DRIVE, AS MORE FULLY DESCRIBED HEREINAFTER; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following -vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS OR CONSUMERS OF THE CITY - OWNED GAS DISTRIBUTION SYSTEM BY AMENDING SECTION 38-46 SO AS TO PROVIDE A NEW SCHEDULE OF RATES FOR ALL CUSTOMERS; PROVIDING AN EFFECTIVE DATE; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. FIRST READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTIONS 34-25, 34-26, 34-27 AND 34-28 THEREOF, SO AS TO REGULATE THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHTS OF WAY; REGUTATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHTS OF WAY; PROVIDING FOR PERMITS AND FOR SPECIFICATIONS; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES; REPEALING CITY ORDINANCE NO. 4212, PASSED AND APPROVED ON MAY 11, 1955 AND ORDINANCE NO. 4509, PASSED AND APPROVED ON APRIL 18, 1956; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION AND AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. • • Minutes Regular Council Meeting October 10, 1973 Page 6 SECOND READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, ENTITLED "INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES", BY AMENDING THE LIMITS ON CERTAIN AREAS OF SOUTH PADRE ISLAND DRIVE (S.H. 358), YORKTOWN BOULEVARD, FLOUR BLUFF DRIVE, WALDRON ROAD, LAGUNA SHORES ROAD, AND S.H. 358 (PADRE ISLAND DRIVE), AS MORE FULLY HEREINAFTER SET OUT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. SECOND READING OF AN ORDINANCE AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON ALL OF THE PARK ROADS IN WEST GUTH PARK TO 20 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF AYERS STREET BETWEEN NORTON STREET AND PORT AVENUE AND ON THE WEST SIDE OF AYERS STREET BETWEEN ROOSEVELT DRIVE AND PORT AVENUE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11734 CLOSING AND ABANDONING THE 10 -FOOT WIDE DRAINAGE EASEMENT THROUGH A PORTION OF TRACT L, SAVAGE LANE ADDITION, WHICH EASEMENT IS DESCRIBED HEREINAFTER; PROVIDING FOR SEVERA- BILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11735 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $1925 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11678, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 5, 1973; AMENDING SAID ORDINANCE NO. 11678, PROVIDING FOR LABORATORY SERVICES OF TRINITY TESTING LABORATORIES, INC. ON VARIOUS PROJECTS, BY REVISING THE APPROPRIATION FROM $,1045 TO $1000 FOR PROJECT NO. 291-70-9, GREENWOOD PARK, AND REVISING THE APPROPRIATION FROM $465 TO $2435 FOR PROJECT NO. 291-72-2, SOFTBALL COMPLEX; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. • • Minutes Regular Council Meeting October 10, 1973 Page 7 ORDINANCE NO. 11736 CHANGING THE NAME OF CONGRESSIONAL DRIVE IN FRONT OF FRED R. SANDERS SCHOOL TO REPUBLIC DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11737 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J. H. CHAPMAN CONSTRUCTION COMPANY FOR INTERIOR FINISHING, PHASE TWO, CORPUS CHRISTI MUSEUM; APPROPRIATING $100,000 OUT OF NO. 291 PARK BOND FUND, INCLUDING $5,950, TO BE TRANSFERRED FROM NO. 121 GENERAL REVENUE SHARING FUNDS, ACTIVITY 5603, CODE 502, TO SUPPLEMENT $94,050 IN EXISTING PARK BOND FUNDS APPLICABLE TO PROJECT NO. 291-72-4, OF CON- STRUCTION CONTRACT, $875.70 IS FOR ADDITIONAL ARCHITECT'S FEES OF PAGE, SOUTHERLAND, PAGE AND WHITTET, AND $1,614.30 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 11738 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AMERICAN TANK COMPANY FOR THE DISASSEMBLY AND REMOVAL OF THE 125,000 GALLON OVERHEAD WATER TANK AT PADRE ISLAND DRIVE AND EAST LAKESIDE DRIVE, IN THE CITY OF CORPUS CHRISTI, TEXAS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. City Manager Townsend made a brief report on the new ambulance operation stating a communication from Mr. Robert McCuistion of Memorial Medical Center and Hospital District representative, was that the program had been very well received; that there had been nothing but compliments for the training and adequacy of all personnel involved, and they were very proud of the performance so far. He stated there had been 160 calls the first week the system was in operation. Mr. Townsend also gave a brief report on the status of the Federally Funded Neighborhood Improve- ment Programs. He stated the authorized programs are in the final stages of comple- tion and at the present time programs are not funded beyond December, and expansion of these programs has been postponed pending the President's authorization of new programs. • Minutes Regular Council Meeting October 10, 1973 Page 8 Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Manuel Longoria, 518 Dolores, appeared and presented a petition contain- ing some 30 signatures of residents of Dolores Street requesting that the portion of Dolores Street from Agnes Street to Ruth Street be paved, to be included in a project now in progress in that area. There was some discussion as to which contract was working in that area at this time, and City Manager Townsend stated it would be referred to Engineering & Physical Development for investigation. (Petition #5-73) Motion by Lozano, seconded by Branch and passed, that the meeting be recessed during which time the Council held a Corpus Christi Municipal Gas Corporation Meeting. * * * * * * * Motion by Lozano, seconded by Stark and passed, that the Regular Meeting be reconvened. Mr. Armador Basuldua, 4544 Sharpsburg Road, complained of flooding of his property located near Calallen. He stated the land is located on the River side of Nueces River and is subjected to severe damage from flooding following hurricanes and heavy rains. He stated he had appealed to the City for relief since the area was taken over by the City and it had taken four years to get a ditch in front of his house which had been some help but following hurricanes he had been forced to leave the premises for as long as 12 days at a time. City Manager Townsend stated this would be investigated to determine the problem and what could be done. City Manager Townsend announced the public hearing on the request of Corpus Christi Municipal Gas Corporation to increase gas rates. He stated the request is to increase rates 10Q per MCF per month in every applicable rate category except that the last two steps will be 34Q and 32Q respectively, and to add a gas purchase clause so in excess that the cost of gas/of 30Q will be automatically added to the retail sales price of gas. Mr. Townsend summarized the processes involved, explaining that both the City and the Corpus Christi Municipal Gas Corporation buy natural gas from Lo -Vaca for distribution within the City; that an interim increase had been approved by the Rail- road Commission following recent hearings on the question of Lo-Vaca's serving customers gas, how much, and how much to charge. He explained that Lo -Vaca does not have enough gas to serve all consumers this winter; that the Railroad Commission has authorized them to charge 291/2Q & since the City was paying below the average it must • Minutes Regular Council Meeting October 10, 1973 Page 9 now pay more to reach that level. He stated the City would only be passing its new costs at the wholesale level on to the retail customer and the gas company would not make any more profit on gas sales. He explained that under this temporary order, if they buy more expensive gas, their price will rise and will be passed on to the consumer. No one appeared relative to the foregoing proposal to increase gas rates. Motion by Lozano, seconded by Branch and passed, that the hearing be closed. Motion by Branch, seconded by Lozano and passed, that the Corpus Christi Municipal Gas Corporation be authorized to increase gas rates equal to that of the City. There being no further business to come before the Council, the meeting was adjourned at 3:30 p.m., October 10, 1973.