Loading...
HomeMy WebLinkAboutMinutes City Council - 03/20/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 20, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Ricardo Gonzalez Gabe Lozano, Sr. 3. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs Asst. City Attorney Michael May City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order. The invocation was given by Mr. Fernando Gutierrez, Pastor of E1 Salvador Divino. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the absence of Councilman Thomas Gonzales be excused for just cause. Motion by Stark, seconded by Ricardo Gonzalez and passed, that the Minutes of the Regular Meeting of March 6, 1974 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: SAVINGS BONDS WEEK, March 20 through 26, 1974 (presented March 19, 1974); BARBERSHOP HARMONY WEEK, March 24 through 30, 1974. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the follow- ing nominations for appointments and reappointments to Boards and Committees, be approved and confirmed: Civil Service Board: Mrs. Virginia Hartsell, appointment. Marina Board: Dr. P. Jiminez, appointment. Municipal Industrial Commission: Dr. Whitney Hailaday, Bob Franz, William Carl, and Larry J. Tucker for appointment; R. N. Conolly, John W. Crutchfield, and S. E. Kelley for reappointment. Pest Control Licensing Advisory Committee: William G. Barfield, Otho Thompson, Cliff Boren, and William I. Cohen for reappointment. Traffic Safety Advisory Board: Frank Peerman, appointment. Human Relations Commission: Rabbi Arthur Steinberg, appointment. Sister City Committee: Captain Frank T. Stephens (Retired), Member appoint- ment (Captain Frank T. Stephens appointee General Chairman); Fred Latham, Vice - Chairman -Yokosuka Committee; Dr. Roberto Basques, Vice -Chairman -Tampico Committee. • Minutes Regular Council Meeting March 20, 1974 Page 2 Bicentennial Committee: Mrs. Carolyn Arbuckle, appointment. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related explanations and comments as follows: a. That a public hearing be held at a Special Meeting at 4:00 p.m. on April 17, 1974 on the following zoning applications: 1) Mr. Jesus A. Chaires: "R -1B" to "B-1", located on the southeast corner of Vitemb Street and Horne Road. 2) Mr, Ben Marks: "R-2" to "A-1", located east of Flynn Parkway, south of Corona Street and north of Stonegate Way. 3) Mr. E. R. Andrews: "R -1B" to "B-4", located on the east side of Laguna Shores Road north of Glenoak Road. 4) Ms. Elia Rita Cantu: "A-2" to "B-1", located on the southeast corner of Coleman Avenue and Brownlee Boulevard. 5) Ms. Elide E. Ramirez: "A-2" to "B-5", located on the southwest corner of Coleman Avenue and Brownlee Boulevard. 6) Mr. Sam J. Kelley: "B-4" to "1-2", located on the north- east corner of Omaha Drive and Leopard Street. b. That the Preliminary Assessment Roll for street improvements to Horne Road, Unit II, from McArthur Street to Naples Street be approved and a public hearing on the assessments be held at 3:00 p.m. on Wednesday, April 17, 1974. The assessments have been prepared using unit prices contained in the low bid of Asphalt Paving and Construction Company of $198,585.55. The proposed assessment roll is $53,505.97 and involves 53 property owners. c. That a contract be authorized with Fairbairn Electric, Inc., for installation of Emergency Power Generators for the Maintenance Building, Service Station, and Street and Sanitation Building at the Service Center and that $81,500 be appropriated including $75,500 for the construction contract and $6,000 for re- lated expenses including additional architectural fees. The award will require $13,212 from revenue sharing funds. d. That a contract be authorized with Heldenfels Brothers Construction Co. for Van Galen Ditch Drainage Improvements and that $355,000.00 be appropriated, in- cluding $331,701.50 for construction, $7,981.34 for additional engineer's fees and $15,317.16 for related costs. This project was included in the 1972 bond election and provides for a concrete lining for the Van Galen Ditch from Laguna Shores Road to Waldron Road. • Minutes Regular Council Meeting March 20, 1974 Page 3 e. That agreements be authorized with the State of Texas and the Texas Mexican Railway Company pertaining to the installation of an automatic grade crossing protection device on South Staples at the N.A.S. railroad tract at Holly Road. The State will pay the construction cost and the Texas Mexican Railway Company will make the installation as part of improvements on South Staples from Padre Island to Saratoga. f. That parking be prohibited on the north side of Tompkins Street between Naples and Ayers Street. Parking on both sides of this narrow street by Del Mar College students restricts two-way traffic flow. This action was requested by Del Mar College and approved by the Traffic Safety Advisory Board. Del Mar owns all the abutting property on the north side except for 2 houses. g. That a 5' utility easement in Lot 4, Block 6, Fallins Riverside Sub- division, be abandoned. The applicant is in the process of replatting the area and an alternate easement will be provided. The property is located between Leopard Street and LH. 37 west of Callicoate Road. h. That a lease agreement be authorized with the Corpus Christi Inde- pendent School District for the use of Washington Elementary School for $1.op per year. The City will use the facilities for a third senior citizens center and will lease unused space to the HIALCO Neighborhood Council and to other organizations providing community services. The City will assume responsibility for payment of utilities, insurance, and maintenance of the building. i. That the Police Administration Activity Budget (#3321) be amended to substitute the position of Administrative Assistant III (Grade 31) for the authorized position of Administrative Assistant II (Grade 27). The State's requirements of a BA degree and 5 years of law enforcement experience qualify for the Grade 31 position. The Grade 31 salary level is needed to properly compensate for the experience re- quirement. j. That Automobile Liability, General Liability and Workmen's Compensa- tion Insurance be renewed with the present carrier, Continental Insurance Company, for one year beginning April 1, 1974. The three policies will be renewed on the same basis as the 1973-74 policies except that the Workmen's Compensation policy will be subject to pro -rata cancellation in the event the City joins the Texas Municipal • Minutes Regular Council Meeting March 20, 1974 Page 4 League Workmen's Compensation Fund. The coverage provided and the estimated cost are as follows: Automobile Liability: Bodily injury -$100,000 each person; $300,000 each accident; Property Damage - $50,000 each accident. Buses: Bodily Injury - $15,000 each person, $15,000 each accident; Property Damage $15,000 each accident. ESTIMATED COST $ 90,436 General Liability: Bodily Injury -$100,000 each person, $300,000 each accident, $300,000 aggregate, Property Damage - $50,000 each accident, $250,000 aggregate. $123,552 Workmen's Compensation $489,932 Eight insurance companies declined to submit bids due to the possible cancellation of the Workmen's Compensation policy. k. That the following insurance actions be authorized: 1) That $5,000,000 Excess Gas Liability Insurance on the City and Municipal Gas Corporation Systems be purchased from McPhaul and Company for 1 year with a deposit premium of $20,458.45 based on a rate of $2.92 per 1000 MCF. The present carrier Cravens-Dargen, offered a renewal rate of $3.58 per 1000 MCF with a deposit premium of $23,655. 2) That $3,000,000 Excess Airport Liability Insurance be purchased from Argonaut Insurance Company for 3 years at an annual pre- mium of $5,500. The present carrier, Emmco Insurance Company, offered a renewal premium of $6,500 per year. 3) That Physical Loss to Valuable Papers, Books, and Records Insurance of $837,500.00 covering the three libraries be re- newed with the present carrier, Westchester Fire and Insurance Company, for 3 years for $2,788.00. This represents a $63,1 increase over the prior 3 years due to a decrease in the Ex- perience and Fire Record Credit. 4) That Fire and Extended Coverage Insurancein the amount of $365,000 covering warehouse and garage inventories be purchased from St. Paul Mercury Insurance Company for 3 years for $4,615. which will result in a savings of $1,955.00 over the 3 years compared to the current 1 year policy. 1. That a contract be authorized with Nolan's Fireside Inn, Inc. to provide for the deferral of a standard screening fence at 6818 Saratoga Boulevard as recommended by the Board of Adjustment on October 23, 1973. The contract will be an obligation running with the land and will subject Nolan's to a $1,000 penalty for each 30 day delay and termination of all city utilities and revocation of the certificate of occupancy should they fail to complete a standard screening fence along the common boundary line of any adjacent lot prior to the completion of any type of residential improvement on that lot. A temporary certificate of occupancy • Minutes Regular Council Meeting March 20, 1974 Page 5 was issued in November after Nolan's provided a $10,000 cash deposit to be held until a solution was worked out between the City, its Board of Adjustment and Nolan's. Motion by Lozano, seconded by Acuff and passed, that the City Manager's Reports, Items "a" through "1", be accepted and the requests and recommendations be granted and approved as presented by City Manager Townsend. The zoning application of Victor Gonzalez and Dr, Ernesto Sierra which was denied three weeks ago for change of zoning from "R -1B" One -Family Dwelling District to 'AB" Professional Office District, located on the southeast corner of Green Grove Drive and Gollihar Road was reconsidered. The Planning Commission re- commended that the zoning be approved. No one appeared in opposition to the foregoing request or the recommenda- tion of the Planning Commission. Motion by Acuff, seconded by Ricardo Gonzalez and passed, Mayor Luby voting "Nay", that the application of Victor Gonzalez and Dr. Ernesto Sierra for change of zoning from "R -1B" One -Family Dwelling District to "AB" Professional Office District, located on the southeast corner of Green Grove Drive and Gollihar Road be approved. Motion by Acuff, seconded by Lozano and passed, that the ordinance authorizing the lease of a 39.5 acre tract of land at the Service Center to Mr. George Hoelscher for a term of three years, read on the first two of three readings on February 13, 1974 and February 20, 1974 be amended so as to correct the descrip- tion of the tracts of land described therein to hereafter read as follows: (See Ordinance No. 11956). FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICUTARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE NORTH SIDE OF TOMPKINS STREET, BETWEEN NAPLES STREET AND AYERS STREET, AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. r• •utes Regular Council Meeting March 20, 1974 Page 6 ORDINANCE NO. 11954 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: HORNE ROAD UNIT II, FROM MCARTHUR TO NAPLES; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11955 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGI- NEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREET IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: HORNE ROAD UNIT II, FROM MCARTHUR TO NAPLES 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, APRIL 17, 1974, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DE- CLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11956 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITHJGEORGE HOELSCHER COVERING 39.8 ACRES OF LAND LOCATED AT THE MUNICIPAL SERVICE CENTER FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, SAID LEASE AGREEMENT TO BE FOR A THREE YEAR TERM WITH A TWO YEAR RENEWAL OPTION IN FAVOR OF THE LESSEE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE THE SAME AS IF COPIED VERBATIM HEREIN. The foregoing ordinance was read for the third time and passed finsilly by the following vote: Luby, Acuff, Branch, Ricardo Gonzalez, Lozano, and Sark present and voting "Aye"; Thomas Gonzales absent.' Slte s Regular Council Meeting March 20, 1974 Page 7 ORDINANCE NO. 11957 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 AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF VICTOR GONZALEZ AND DR. ERNESTO SIERRA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK C, STASA SUBDIVISION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; 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: Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Luby voting "Nay"; Thomas Gonzales absent. ORDINANCE NO. 11958 AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE USE OF WASHINGTON ELEMENTARY SCHOOL FOR THE ESTABLISHMENT AND OPERATION OF A MULTI-PURPOSE SENIOR CENTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11959 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH NOLAN'5 FIRESIDE INN, INC., CONCERNING SCREENING FENCE REGULATIONS ALL AS MORE FULLY SET FORTH IN THE CON- TRACT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11960 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS AND THE TEXAS -MEXICAN RAILWAY COMPANY PERTAINING TO THE INSTALLATION OF AN AUTOMATIC GRADE CROSSING PROTECTION DEVICE ON SOUTH STAPLES AT THE INTERSECTION OF THE N.A.S. RAIL- ROAD TRACKS AT HOLLY ROAD, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. • Minutes Regular Council Meeting March 20, 1974 Page 8 ORDINANCE NO. 11961 AMENDING ORDINANCE NO. 11604, ADOPTING A BUDGET FOR THE FISCAL YEAR 1973-74, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 1, 1973, SO AS TO SUBSTITUTE THE POSITION OF ADMINISTRATIVE ASSISTANT III, GRADE 31, FOR THE POSITION OF ADMINISTRATIVE ASSISTANT II, GRADE 27, IN POLICE ACTIVITY 3321, ADMINISTRATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11962 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS CONSTRUCTION COMPANY FOR CONSTRUCTION OF VAN GALEN DRAINAGE AREA IMPROVEMENTS; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $355,000, OF WHICH $331,701.50 IS FOR THE CONSTRUCTION CONTRACT, $7,981.34 IS FOR ADDITIONAL ENGINEERING FEES, AND $15,317.16 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 295-72-10; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11963 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH FAIRBAIRN ELECTRIC, INC. FOR INSTALLATION OF EMERGENCY POWER GENERATORS FOR CORPUS CHRISTI MUNICIPAL SERVICE CENTER; APPROPRIATING $81,500, OF WHICH $68,288 IS OUT OF NO. 207 PUBLIC BUILDING BOND FUND, $62,288 BEING FOR THE CONSTRUCTION CONTRACT, $2,820 BEING FOR ADDITIONAL ARCHITECT'S FEES, AND $3,180 BEING FOR CONTINGENCIES AND INCIDENTAL EXPENSES; AND $13,212 IS OUT OF NO. 124 GENERAL REVENUE SHARING FUND, ALL BEING FOR THE CONSTRUCTION CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. ORDINANCE NO. 11964 CLOSING AND ABANDONING THE 5 -FOOT EASEMENT IN LOT 4, BLOCK 6, FALLINS RIVERSIDE SUB- DIVISION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Lozano, Ricardo Gonzalez, and Stark present and voting "Aye"; Thomas Gonzales absent. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. ' • • Minutes Regular Council Meeting March 20, 1974 Page 9 Mr. Frederic Johnson, a Sinton lawyer representing residents of the San Patricio County Edroy community who came before the Council March 6, 1974 requesting approval so a water district could be formed to get water and sewer service to Edroy appeared before the Council for a report. The matter was discussed in some detail and it was concluded that City Attorney Riggs would study the legal aspects of the matter and report in ten days or two weeks as to accomplishing the objectives of both parties. Mr. John K. Morgan, President of Chapter 767 National Association of Retired Federal Employees appeared before the Council and read a thank you letter to the City Council for what was being done in behalf of all Senior Citizens in Corpus Christi. Mr. Guy Winstead, residing at 917 Airline, came before the Council pro- posing a location behind the Fire Station on Airline for the new facility for the Senior Citizens. Mayor Pro Tem Acuff gave a brief report on the New Orleans seminar he attended last week. He discussed the problems of flight patterns, noise levels and operations and advised the Council there was a film which the officials at New Orleans offered to make available to the Council at its convenience. There being no further business to come before the Council, the meeting was adjourned at 3:15 p.m.