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HomeMy WebLinkAboutMinutes City Council - 05/01/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 1, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. • City Manager R. Marvin Townsend City Attorney James R. Riggs Exec. Assistant City Attorney Michael May 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 The Reverend Seymour Perkins, pastor of the First Congregational Church, which he opened with a prayer in honor of former Mayor Pro Tem Charles A. Bonniwell, III, whose untimely death occurred in a plane crash at Galveston, Texas, April 30, 1974. Mayor Luby requested that Commissioner Branch lead the audience and Council in a special prayer in honor of Mr. Bonniwell. Reverend Branch quoted from a passage from the First Psalm which ended "he shall be like a tree planted by the rivers of water, that bringeth forth his fruit in his season; his leaf shall not wither and whatsoever he doeth shall prosper." Mayor Luby requested that Commissioner Thomas V. Gonzales read a prepared resolution giving a resume of Mr. Bonniwell's illustrious professional career and achievements, his contributions to his church, and to many civic affairs of the community, which resolution provided that a ropy be forwarded to the family of Mr. Bonniwell. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Branch and passed, that the absence of Commissioner Stark be excused for just cause. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of April 17, 1974 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: RESPECT FOR LAW WEEK, May 1 through 7, 1974; MENTAL HEALTH MONTH, May, 1974; SENIOR CITIZENS MONTH, May, 1974; HEARING AND SPEECH MONTH, May, 1974; HIGH BLOOD PRESSURE MONTH, May, 1974; TEXANS TRY TRANSIT MONTH, May, 1974; and BUCCANEER DAYS CELEBRATION April 25 through May 5, 1974 (Presented Thursday, April 25) • Minutes Regular Council Meeting May 1, 1974 Page 2 Motion by Lozano, seconded by Ricardo Gonzalez and passed, that nominations be accepted and the following appointments and reappointments to fill vacancies on Boards and Committees, be approved and confirmed: Aiport Board: Dr. W. H. Colson and Mr. Pete Null (appointments); Mr. Hayden W. Head, Mr. G. Robert Welch and Mr. M. D. Miller (reappointments); Board of Adjustment: Mr. Charles Bolden, Mr. James P. Naismith, and Mr. Jesus Leija (reappointments); Mr. Rafael Carrizo and Mr. John T. Wright, III, (appointments); Col. Lee H. Baker and Mr. R. R. "Bobby" Young, alternates. Board of Equalization: Mr. Odell Ingle (reappointment); Mr, Paul Larsen and Mr. Gilbert Mora (appointments); Building Standards and Housing Board of Appeals: Mr. Andrew Duncan (appointment), member at large; and Mr. Jim Wright, realtor (reappointment); La Retama Library Board: Mrs. Paul Valerio (appointment); • Minutes Regular Council Meeting May 1, 1974 Page 3 Marina Board: Mr. Bill Ogletree and Mr. Leonard "Pete" Larsen (appoint- ments); and Mr. Claude P. Farris (reappointment); Plumbing Advisory Board: Mr. J. W. Broughton, Master Plumber; Mr. Richard Goedeke, Mechanical Engineer; Mr. Bill Glass, Casey & Glass; Mr. Hoyt Gentry, Master Plumber; and Mr. Jon Held (appointments); Mr. Art Scott, Air Conditioning Maintenance, and Mr. Santiago Martinez (reappointments); Traffic Safety Advisory Board: Dr. Sanford Glanz (reappointment); and Reverend Linn B. Self (appointment); Planning Commission: Dr. H. Doyle Little (appointment); Bay Drilling Committee: Mr. R. C. Granberry (appointment). Mayor Luby called for the opening of bids. Bids were opened and read by Director of Engineering and Physical Develop- ment James K. Lontos on the construction of the Corpus Christi Bay Boat Launching Ramp from the following firms: W. T. Young Construction Company; The Goldston Company, Inc.; and Ausco, Inc. The facility is proposed to be constructed by grant from the Texas Parks and Wildlife Department and the Bureau of Outdoor Recreation; the plans provide for a 36' x 20' concrete boat ramp approximately 1,000' north of Ocean Drive Bridge on the east side of Ocean Drive; and a parking area provided for boats and trailers. Mr. Lontos pointed out that the bid of the Ausco, Inc. was submitted subject to conditions of an alternate method of construction procedure but does not change the specifications. He stated he would recommend acceptance of the bid. The foregoing bids were accepted and tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. City Manager Townsend presented the request of the Waldron Field Baptist Church to close that part of the unopened portion of Ridgewood Drive which abuts Lots 27 through 33 of Block A and Lots 20 through 24 of Block B, Don Patricio Subdi- vision. Mr. Townsend pointed out the location of the unopened street on the map and explained that this is a typical problem of paper subdivisions. He stated the area is grown up in brush, nothing to indicate division of the lots, and no utilities. He stated the request had been circulated through the affected City Departments and there are no objections to the closing other than the concern that there should be some way • • Minutes Regular Council Meeting May 1, 1974 Page .4 provided to get traffic out to another street and so as not to result in a long deadend street. Reverend G. A. Summers, pastor of the Waldron Field Baptist Church, spoke in support of the request, and stated they are requesting the closing of this portion of Ridgewood in order to keep the Church property all together and to provide for future expansion of the buildings to better serve the community. He explained that in order to accomplish this the Church had recently purchased Lot 34 of Block B and would deed this lot, together with Lot 19, which they already owned, to the City as right-of-way to allow Ridgewood Drive to connect with Stardust Lane. No one appeared in opposition to the proposed closing of a portion of Ridgewood Drive. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the part of the unopened portion of Ridgewood Drive which abuts Lots 27 through 33 of Block A, and Lots 20 through 24 of Block B, Don Patricio, be closed as requested by the Waldron Field Baptist Church, conditioned on the Church's agreement to dedicate Lots 19 and 34 of Block B, as right-of-way to allow Ridgewood Drive to connect with Stardust Lane, and an ordinance be brought forward effectuating the closing. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented recommendations with related explanations and comments, as follows: a. That bids be received for an equipment trailer for the Wastewater Services Division at 11:00 a.m., Tuesday, May 21, 1974. The trailer will be used to transport heavy material and equipment to construction sites thus reducing wear and tear on heavy equipment. b. That a contract be awarded to Central Power & Light Company for 28 wood poles on the basis of the low bid of $10,730.40, and that $10,730.40 be appropriated for the contract. The poles will be used as light standards for the Greenwood Softball Complex. c. That the Oso Fishing Pier Improvements constructed by W. T. Young Construction Company be accepted and final payment of $35,163.00 be made to the con- tractor. The total cost was $44,883.00. The fishing pier was constructed by narrowing the original roadway to eight feet. Four shelter bays and 250 linear feet of heavy Minutes Regular Council Meeting May 1, 1974 Page 5 • duty benches were constructed on the pier. The project was substantially assisted to a large extent through a grant from the Texas Parks and Wildlife Department and the Bureau of Outdoor Recreation. d. That Trinity Engineering Testing Corporation be engaged to provide testing services in connection with repairs to runways and taxiways at International Airport. The total fee is $2,500.00. No appropriation is required since the original appropriation for runway repairs is sufficient. e. That the acquisition of Parcels 293 and 328 of the Corpus Christi Beach Park Sites Project be approved from the W. E. Pope Estate and $81,073.00 be appropriated out of the Fourth Entitlement Period Revenue Sharing Fund (1973-74) to cover acquisition costs and related expenses. These parcels are part of the acquisition program for the second phase of Corpus Christi Beach Park. f. That values be approved for three parcels in Block 70 of the Bayfront Science Park Expansion Project for $59,650 and that this amount be appropriated from Fourth Entitlement Period Revenue Sharing (1973-74). Block 70 is bounded by Hughes, North Chaparral, Resaca and North Mesquite. The property is owned by Mrs. Ethel Bates, Trustee. Approved values still remain to be set for Block 91, part of which is still being appraised. g. That a minimum speed limit of 45 mph be established on I.H. 37 from Corn Products Road east, on S.H. 286 (Crosstown Expressway) from I.H. 37 to Padre Island Drive, and on Padre Island Drive from Clare Drive to a point 3,650 feet north- west of Ayers Street. Prior to the State-w4de speed limit reduction, minimum speed limits of 50 and 55 mph existed on these expressway sections. This measure was recommended by the Traffic Safety Advisory Board and the Highway Department. Mr. Pat Horkin, attorney representing the Corpus Christi Beach Taxpayers Association, complained to the Council that the Inspection Division had issued a permit to Cablevision TV to construct an antenna tower in an area on Corpus Christi Beach which is not in conformance with the zoning ordinance. He stated notice had not been given to property owners of this construction and, to his knowledge, there had been no request for a change in zoning. Mr. Horkin stated the organization he represents feels that the construction of this tower will damage the development of the Beach and the proposed park at the north end of the Beach. He also pointed out that the zoning ordinance provides that the grantee of a permit (franchise) shall keep on file with the City Secretary a current list of shareholders and bondholders, • • Minutes Regular Council Meeting May 1, 1974 Page 6 and it should be the responsibility of the City Staff to see that this provision is complied with. He stated he had called these matters to the attention of the City Manager by letter dated March 21 of this year and had no response. City Manager Townsend stated the list of bondholders and shareholders would be checked and the information given to Mr. Horkin. Motion by Lozano, seconded by Tom Gonzales and passed, that the City Manager's Reports, Items "a" through "g", be accepted, and the requests and recom- mendations be approved as presented by City Manager Townsend. City Manager Townsend presented and reviewed the proposed ordinances appearing on the agenda. Mr. Steve Bolden, Mrs. Grenelle Dorn, and Mrs. Mary Meador, spoke in protest of the ordinance, read on the first of three readings April 24, approving a new rate schedule for Central Power & Light Company. They protested on the basis that the rate left in effect by the compromise would work a hardship on the poor people of the City, and asked for reconsideration of the ordinance. Mr. Bolden requested that a special committee be appointed for the purpose of making an investi- gation as to the desires of the people. Commissioner Branch read excerpts from a letter addressed to the City Manager and dated April 22, 1974, from a member of the Austin law firm which was employed to defend the City in the suit by Central Power & Light Company. The letter had been placed before the Council immediately before the meeting, and in essence, was to make it clear that this firm did not recommend the compromise settlement as set out in the ordinance and the Council should not justify its action to accept the proposal based upon the recommendation of the firm. Commis- sioner Branch also read from a list of figures prepared by the Staff showing how much the Central Power & Light rate dispute had cost the City, and how much the consumers have been saved by not granting the full increase as the Company had sought in 1972. It was moved by Mayor Pro Tem Acuff that the Council be polled on the ordinances as presented. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-68 SO AS TO ESTABLISH MINIMUM SPEED LIMITS ON CERTAIN PORTIONS OF THE CROSSTOWN INTERSTATE HIGHWAY 37; PROVIDING FOR SEVERABILITY; 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, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Stark, absent. • • Minutes Regular Council Meeting May 1, 1974 Page 7 SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 5472, BY AMENDING THE MINIMUM STANDARD SPECIFICATIONS SET FORTH IN SUBPARAGRPAHS 4(c) AND 4(d) OF SUBSECTION B OF SECTION V OF SAID ORDINANCE SO AS TO REQUIRE ALL STREET NAME SIGNS TO BE MOUNTED ON TWO-INCH HOT DIP GALVANIZED STEEL PIPE INSTEAD OF 4" x 4" WOOD POSTS; PROVIDING FOR SAVINGS; AND PROVIDING FOR PUBLICATION. The Foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE REPEALING ORDINANCE NO. 11392; APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF ELECTRICITY AND ELECTRIC SERVICE WITHIN THE CITY OF CORPUS CHRISTI, TEXAS, BY CENTRAL POWER & LIGHT COMPANY; REQUIRING A WRITTEN STATEMENT ON COST OF FUEL; PROVIDING THAT THIS ORDINANCE SHALL NOT LIMIT POWERS OF REGULATION OF THE CITY; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Branch voting "Nay" and Stark absent. ORDINANCE NO. 12028 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING TO CHAPTER 18, GARBAGE, TRASH AND WASTES, A NEW SECTION, TO BE NUMBERED 18-34A, TO PROVIDE FOR SPECIAL PERMITS FOR DISPOSAL OF GARBAGE AT THE J. C. ELLIOTT SANITARY LANDFILL; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12029 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY REPEALING SECTION 21-44 AND ADOPTING NEW SEUION NUMBERED 21-44 SO AS TO RATIFY, CONFIRM AND DECLARE TO BE OFFICIAL ALL TRAFFIC CONTROL DEVICES INSTALLED AND IN SERVICE AT THE EFFECTIVE DATE OF THIS ORDINANCE AND SUCH INSTALLATIONS AS ARE AUTHORIZED BY THE CITY COUNCIL AND INSTALLED; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12030 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED BY AMENDING SECTION 21-9, OBSTRUCTING STREET INTERSECTIONS WITH SHRUBS, STRUCTURES, ETC., SUBSECTION (a) THEREOF, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL AREAS DESIGNATED AND CLASSIFIED BY THE ZONING ORDINANCE OF THE CITY EXCEPT THOSE ZONES DESIGNATED AS "B-5" OR "B-6"; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. • Minutes Regular Council Meeting May 1, 1974 Page 8 ORDINANCE NO. 12031 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISI- TION OF PARCELS 49 THROUGH 51 OF BLOCK 70, ALL OUT OF THE BEACH PORTION OF THE CITY OF CORPUS CHRISTI, FOR THE BAYFRONT SCIENCE PARK AREA EXPANSION PROJECT; APPROPRIATING OUT OF NO. 124 GENERAL REVENUE SHARING FUND, $59,650 OF WHICH AMOUNT $53,350 IS FOR LAND ACQUISITION AT APPROVED VALUE AND $6,300 IS FOR INCIDENTAL EXPENSES REIATED TO CLOSING AND OTHER CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12032 AUTHORIZING ISSUANCE OF A PURCHASE ORDER TO CENTRAL POWER & LIGHT COMPANY FOR ACQUISITION OF TWENTY-EIGHT (28) WOODEN POLES TO BE USED AS LIGHT STANDARDS FOR THE FOUR -FIELD SOFTBALL COMPLEX IN GREENWOOD PARK; APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $10,730.40 FOR THE AFORESAID PURCHASE, APPLICABLE TO PROJECT NO. 291-72-2; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12033 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 293 AND 328 FOR THE CORPUS CHRISTI BEACH PARK SITES PROJECT; APPROPRIATING OUT OF 124 GENERAL REVENUE SHARING FUND $81,073, OF WHICH AMOUNT $80,500 IS FOR LAND PURCHASES AT THE APPROVED VALUE AND $573 IS FOR INCIDENTAL COSTS RELATED TO CLOSING COSTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12034 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 N0. 5106, AS AMENDED, UPON APPLICATION OF CORPUS CHRISTI TEACHERS CREDIT UNION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 20.231 -ACRE TRACT OF LAND OUT OF LOTS 1 AND 8, SECTION 4, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT ON TRACT 1 (6.104 ACRES), AND FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT ON TRACT 2 (14.127 ACRES); 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, present and voting "Aye"; Stark absent. RESOLUTION NO. 12035 RESOLUTION SETTING FORTH A BRIEF RECORD OF THE MANY ACCOMPLISHMENTS OF MR. CHARLES A. BONNIWELL III, AND THE CITIZENS OF THIS COMMUNITY JOIN IN MOURNING THE LOSS OF THIS VALUABLE CITIZEN; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by • Minutes Regular Council Meeting May 1, 1974 Page 9 the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. Mayor Luby called for petitions or information from the Council on matters not scheduled on the agenda. Mr. Dean Flynn, representative of the Nueces County Historical Society and Nueces County Survey Committee, appeared and stated he had made application to be on next week's agenda relative to the usage and preservation of the old houses located in the Bayfront Science Park area. Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be recessed, during which time the Council held the Regular Meeting of the Corpus Christi Municipal Gas Corporation and Workshop meeting. * * * * * The Regular Meeting which was recessed awaiting the appearance of Mr. Calvin Floyd, or his attorney in regard to his appeal from a decision of the Electrical Advisory Board, was reconvened. It was determined that Mr. Floyd or his attorney understood the hearing would be postponed and did not plan to be present on this dated Motion by Acuff, seconded by Lozano and passed, that the hearing on the appeal of Mr. Floyd be postponed until June 12, during the Regular meeting as requested by his attorney. Motion by Acuff, seconded by Branch and passed, that the Regular Meeting be adjourned at 4:25 p.m., May 1, 1974.