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HomeMy WebLinkAboutMinutes City Council - 10/01/1969• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING October 1, 1969 2:00 P. M. PRESENT: Mayor Jack R. Blackmon Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases K< McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney I. M. Singer Assistant City Attorney Amador Garcia City Secretary T. Ray Kring Mayor Pro Tem Gabe Lozano called the meeting to order in the temporary absence of Mayor Blackmon, and called on The Reverend James A. Carr, Associate Pastor of St. Luke's Methodist Church to give the invocation. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Special Council Meeting of September 22, 1969, were approved as submitted to the Council. Mayor Pro Tem Lozano read a proclamation designating the week of October 5 through 11, 1969, as JUNIOR LEAGUE WEEK in the City, in support of the fund-raising activities of this organization, and particularly the Sixteenth Annual Rummage Sale to be held at Memorial Coliseum October 10 and 11. The proclamation was received by two members of the Junior League. Mayor Blackmon arrived at the meeting at this tirne and recognized members of the Student Council of the Carroll High School, and read and presented Certificates of Attendance to: Beth Cappelman, Bobby Hadden, Richard Stolleis, Melinda Smith, and Kathy Nash. Mayor Blackmon gave special recognition to Mr. Joe Mireur, former City Finance Commissioner, and recognized as the oldest former elected City Official, who recently celebrated his 90th birthday. He was presented with the "Mayor's Plaque" and honored and commended for his long service and dedication to the affairs of the City. Mr. Mireur accepted the honor with gratitude, and stated that he had witnessed many changes and more elaborate surroundings in City Government, but expressed faith in the Council and future of the City. • Minutes Regular Council Meeting October 1, 1969 Page 2 Mrs, James C. Scott, representing the Organization for the Preservation: of art • Unblemished Shoreline (OPUS), appeared before the Council and requested that ar investigation be made of an apartment complex under construction on the Bay Side of the 4200 Block of Ocean Drive owned by R. W. DePuy of McAllen, to determine if there are possible violations of the City b;ilding regulations and site plan regarding the distance between the buildings and access, on which a building permit was issued. Mrs. Scott read a resolution adopted by OPUS at its Annual Meeting held this week, requesting that the City enforce all City ordinances„particularly in connection with the aforementioned apartment complex. Mayor Blackmon stated that this matter has been under investigation and that recent news articles and publicity had been originally initiated because of the concern of the Council and City Staff, and stated that until more complete information is available and a study made, he is not in a position, nor is it appropriate,tc comment at this time, but stated that the enforcement of City Ordinances is a prime objective of than Council. Mrs. Scott also spoke as a representative of the local chapter of the National Association for the Advancement of Colored People, and introduced Mr. A. D. Price of the local Executive Board, who read a resolution adopted by this Board, requesting that an ordinance be enacted requiring contractors for City projects to certify themselves as equal opportunity employees in compliance with Federal law regarding equal opportunity employment, and to initiate through the Human Relations Commission, a survey patterned on those conducted by ARADMAC and the State, providing statistics according to racial -ethnic components by grade level for a period of several years, and make the findings of this survey available to the public within three months. Also present, representing NAACP were Raymond Coleman:, R. L. Guy, and Marshall Johnson. The resolutior was signed by Irvin Brown, President of Corpus Christi NAACP. (Council Exhibit 069-9) Mrs. Scott further commented on some confusion which had arisen from her request, on behalf of NAACP representatives, to appear on the Council Agenda last week, and questioned the Council's procedure for granting these requests. She stated that she did not receive approval of this request last week in time to make the necessary arrangements to appear. She also protested the Courcil Workshop meetings being held on the same day as the Regular • • Minutes Regular Council Meeting October 1, 1969 Page 3 Council Meetings, stating that this did not give the public enough time to be properly informed on the subjects before official action is taken. Mayor Blackmon explained that the procedures adopted by the Council governing requests of the public to appear at Council Meetings, and the time at which workshop meetings are held, are within the Charter requirements; explained that it is not the intention to deprive any person from bringing matters to the Council, but to expedite the heavy and constantly growing volume of work. He further advised Mrs. Scott that the protests which have been presented today are not new; that they have either been resolved or under investigation, and that no issue exists. City Manager Townsend stated that all contracts which involve Federal Funds include the provision of equal opportunity employment. Commissioner de Ases stated that he shares the concern of the group who had presented the resolution in connection with the City declaring itself as an equal opportunity employer, and expressed appreciation to the City Manager for furnishing the information wh'ch he had requested in this regard which will enable him to cast an affirmative vote for a contract ro be awarded today. Mayor Blackmon announced the vacancy on the Traffic Safety Advisory Board by reason of Commander J. M. Gil lin having retired from the Navy and in order to maintain liaison w7th the Navy, he wished to nominate Commander D. W. Offrell as his replacement. Motion by de Ases, seconded by Sizemore and passed; that the foregoing nomination for appointment of Commander D. W. Offrell on the Traffic Safety Advisory Board be approved and confirmed. City Manager Townsend reported that a major manufacturing company will conduct a l0 -day neighborhood survey, through the Corpus Christi Industrial Commission and Chamber of Commerce in cooperation with the Texas Employment Commission, beginning October 2, for the purpose of determining availability of approximately 1500 women in the area who would be interested or would seek employment with this clothing manufacturing company. He stated the Council is vitally concerned that the response will be good since it will determine whether or not the manufacturer will locate in this community. • Minutes Regular Council Meeting October 1, 1969 Page 4 Mayor Blackmon called for the City Manager's Reports. Motion by Roberts, seconded by Sizemore and passed, that the City Manager's Reports, Items "a" through "d" be accepted, and that the requests and recommendations be granted and approved as follows: a. That the award of bid for approximately 2,445 various sizes of Tires and Tubes be made to Bay Tire Service of Corpus Christi on the basis of low bid meeting specifications in the amount of $30,271.83; (Bid Tabulation #26-69) b. That the acceptance and final payment of Estimate No. 2 in the amount of $1, 134.59 due the Contractor, E. J. Netek Construction Company, for completion of window replacement and repairs at LaRetama Library, be approved; c. That the Tax Error and Correction List for May 1 through July 31, reducing the 1968 levy by $3,113 and prior levies by $2,721, be approved; d. That an appropriation in the amount of $23,500 for a 16" force main crossing by City Forces, for Padre Island Drive at Carroll Lane, which will enable a future force main con- nection from the Kostoryz lift station to the McArdle trunk sewer, be authorized; Motion by de Ases, seconded by McDaniel and passed, that the following recommendations "e" and "f" be approved and granted as presented by City Manager Townsend: e. That the authority be granted to advertise for bids on the Leopard Street Transmission Main Gate Valves, and that the date for receipt be set for the first Regular Council Meeting following legal advertising; f. That the authority to accept the Ocean Drive Landscaping, Craig to Hewit, which is basically complete, be granted, and that the contractor be paid eighty percent of the total amount of the contract at this time with an additional ten percent of one-half ofthe contract to be paid in thirty days, and that the remaining twenty percent of one-half of the contract be paid on termination of the six-month period, provided that contract section is completed as specified. • • Minutes Regular Council Meeting October 1, 1969 Page 5 City Manager Townsend presented suggested amendments to the Ordinance adopting the National Electrical Code, 1968. Edition, which was passed on first reading September 24, which would involve amending Section 7-2, deletion of Section 7-4, and renumbering of Sections subsequent to Section 7-4. The suggested amendments were taken under advisement. SECOND READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1968 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDI- NANCES IN CONFLICT AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to the third reading by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". ORDINANCE NO. 9503 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RIO AIRWAYS, INC., COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye", ORDINANCE NO. 9504 ESTABLISHING FEES FOR THE USE OF THE TENNIS COURTS AT THE H. E. BUTT TENNIS CENTER BY AMENDING AND READOPTING FEES ESTABLISHED BY ORDINANCE NO. 6314, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 25, 1961;. AMENDING SAID ORDINANCE NO. 6314 BY ADDING THERETO A NEW FAMILY MEMBERSHIP RATE OF $50.00 PER ANNUM; MAKING SUCH FEE SCHEDULE A PART OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, DESIGNATED AS CHAPTER 18B, SECTIONS 18-B1, 18B-2, AND 18-83; PROVIDING FOR PENALTIES; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". • • Minutes Regular Council Meeting October 1, 1969 Page 6 ORDINANCE NO. 9505 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND THE SUM OF $23,500 FOR CONSTRUCTION OF 365 FEET OF ENCASED 16 -INCH FORCE MAIN AT CARROLL LANE CROSSING PADRE ISLAND DRIVE, PROJECT NO. 250-67-74, PADRE ISLAND DRIVE SEWER CROSSING - CARROLL LANE, BEING A PORTION OF THE CARROLL LANE -HOLLY ROAD LIFE STATION PROJECT, TO BE CONSTRUCTED BY CITY FORCES; AUTHORIZING THE REIMBURSEMENT OF 109 SEWER FUND FOR ALL AMOUNTS TO BE ADVANCED FOR LABOR AND MATERIALS FOR THIS PROJECT FROM SAID 109 SEWER FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Blackmon, Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye". Commissioner McDaniel departed the meeting at this time. Following a brief recess, Mayor Blackmon reconvened the meeting at .3:15 p.m. and announced the scheduled public hearing on paving assessments for street improvements on Gollihar Road, from Greenwood Drive to S.H. 286, Unit II. He asked that it be noted that a quorum was present, and explained the procedure to be followed. He stated that each member of the Council had been presented with a copy of the assessment roll, and stated that Assistant City Attorney Amador Garcia would conduct the hearing; that the Staff would offer testimony from the City Engineer, and expert testimony from Mr. Paul J. Koepke, MAI, SRA, real estate appraiser, to substantiate the assessments which appear on the assessment roll, and that the hearing was to form a basis on which the Council would determine or establish the assessments on the abutting properties. James K. Lontos, First Assistant Director of Public Works, pointed out on the map the location of the proposed improvements; presented the plans and described the extent and specifi- cations of the project; stated there are proposed four moving lanes with left turn lanes at major intersections; and that the total roadway width will vary from 45 feet to 61 feet; that credits have been allowed for existing improvements such as curbs, gutters, and pavements, as well as sidewalks where they exist; explained that most of the property involved, sides or backs onto the street, and that parking lanes are not justified; that the total contract price is $214,425.18; total assessments, $44,111.40, and the total cost to the City is $170,313.78. He stated that the assessment rates have been determined by using the unit prices taken from the low bid and • Minutes Regular Council Meeting October 1, 1969 Page 7 applying those unit prices to the front footage of the abutting property owners, and that the rates have been prepared according to the City's policy recently adopted by Ordinance No. 9480 September 10, 1969. Mr. Lontos further explained that a water line is included in the contract, and that all utilities will be adjusted where required to properly facilitate the street construction; that a header curb along Airline Road in front of the Greenbriar Apartments is proposed and assessed 100% against the abutting property owner, which header curb was proposed on the Airline Road Project, but that the property owner requested permission to construct a fence in lieu of the curb, but that no fence had been constructed. Mr. Garcia called Mr. Koepke to testify as to his background and experience which he felt qualified him as a real estate appraiser. Mr. Garcia explained that Mr. Koepke's qualifi- cations had been furnished in writing to the Council. Mr. Koepke stated that he had personally viewed and understood the extent and specifications of the proposed improvements, and that in his opinion, each of the properties so assessed would be enhanced in value at least to the extent of the proposed assessments, and that he would recommend that no adjustments be made. Attorney Bob Spann, representing the estate of Juan Gonzales, Lot 12, Section D, Paisley Hoffman Subdivision, interrogated Mr. Koepke as to the method, extent, and time of his appraisal of the properties, and as to what total valuation he had placed on the properties before and after the improvements, and particularly, the Gonzales property. Mr. Koepke stated that he was not employed to appraise the properties, but rather to submit an opinion as to the enhancement of the land as a result of the assessments, and that he had not made a detailed appraisal of the market value of any specific piece of property or overall estimate. Mr. Spann stated he had been of the opinion that the purpose of the hearing was to determine whether or not the property will be improved and if the improvements are all justified, and that it would appear that the Council, in making this determination, is dependent upon the appraisals made yesterday afternoon by its expert appraiser. He pointed out that the notices had been mailed to property owners prior to Mr. Koepke's investigation of the property. He stated he fcels the appraiser made a "skimpy" investigation; that he did not have adequate opportunity to exercise his skills as an appraiser, and that he does not feel it is a fair basis on which to make a determination of the enhancement .of the properties. • • Minutes Regular Council Meeting October 1, 1969 Page 8 Mr. Roger Butler, representing properties listed as Items #35 and #32, A. L. Rankin, stated he was opposing the assessments on these properties on the basis of "insufficiency of data upon which to predicate a judgment." Mayor Blackmon stated the usual procedure for holding assessment hearings would be follow that the names of the property owners would be called as they are listed on the assess- ment roll, and that the owner would have an opportunity to state his objection or approval to any of the proposed improvements or assessments relative to his property. The following persons appeared: Item #32 and 35, A. L. Rankin - Mr. Roger Butler reiterated his objection to the assessment, stating there had not been sufficient evidence shown upon which to predicate a judgment, and that he is opposed to the assessment on that basis. Item #36, Estate of Juan Gonzales - Mr. Spann made further inquiry as to how the rates were calculated in relation to other properties listed; how it had been determined that certain property was classified commercial or residential; as to the zoning of the Gonzales property and if it would be rezoned upon application; as to the proportionate credits allowed for curbs and gutters; and as to why vacant property is classified as commercial. He stated he feels they are dealing with specific values so far as improvements are concerned, and that he feels it is unfair to assess vacant property as commercial; that it was unfair to pass an ordinance on September 10, saying that all property not platted is going to be assessed as commercial when the notices were mailed an September 8, saying that the property was being assessed at the commercial rates. Mr. Spann stated it was his opinion that the ordinance should be reconsidered. He stated the Gonzales Estate is in litigation and a determination of platting as residential or commercial cannot be made at this time. Item #51, Seymore Mendell and Irvin W. Gendys - Mr. Mendell, owner of Greenbrier Apartments, stated he was opposed to the assessment for the header curb, stating that he had made an inquiry and that he could have the header curb installed at a cheaper rate than shown on the assessment roll. • Minutes Regular Council Meeting October 1, 1969 Page 9 Mr. Mendell was advised that he should consult with the Public Works Department and work out a plan whereby he would be permitted to construct the header curb, but that it would have to be built under City supervision and specifications, and that the work would have to be done before a work order is issued on the project. Attorney Garcia asked Mr. Koepke to state his opinion as to the highest and best use of the Gonzales property and the Rankin tracts, and Mr. Koepke stated it is his opinion that the highest and best use is for at least "AB" Professional Office District uses on the Gonzales property and commercial and some residential on the Rankin property. No one else appeared to be heard. Motion by Bradley, seconded by Roberts and passed, that the hearing be closed, and that the questions of assessments to taken under advisement after a full study of the testimony. City Manager Townsend made the toilowi;ig reports: a. That zoning application #969-6, Robert Callaway, scheduled for public hearing October 13, 1969, had been officially withdrawn by the applicant; b. That information had been received from the State Comptroller's Sales Tax Office that the Second Quarter of 1968 Gross Sales Tax reported as $875,703 was overstated by $140,324, and the Fourth Quarter understated by the same amount, due to an error in allocation of prepaid sales tax between the Second and Fourth Quarter; that the Third Quarter 1968 gross sales tax was credited with $12,724 of the State's sales tax resulting in an overstatement of the City's Third quarter gross soles tax, and the $12,724 was recovered by the State in the Second Quarter, 1969; that the Gross Sales Tax for First and Second Quarters of 1969 totaled $1,.388,540, an increase of $69,495 or 5.3% over the $1,319,045 tor the First and Second Quarters of 1968; that the 14. l% rate of increase of the First Quarter 1969 over the First Quarter 1968 is believed to be out of proportion due to sales contracts in process on January 1, 1968, which were excluded from the 1% Sales Tax. City Manager Townsend was granted authority to make a counter offer to the Southside Lions Club for the Red Barn property in Clarkwood by agreeing to spend $5,000 to $10,000 for improvements if the property is donated with a reversionary clause, if the City fails to make the improvements or continues to operate the facility as a public recreation center. • • Minutes Regular Council Meeting October 1, 1969 Page 10 City Manager Townsend reported that in view of S.B. 20 having been passed at the last Legislative session the City would be precluded from acceding to Carl Duaine's request with reference to approval of the construction of a bulkhead in Laguna Madre. City Manager Townsend presented the pending item of Application #669-10, Walter Wisznia, for change of zoning from "R -1B" and "A-.1" to "A-2" on Rossiter Street between Ocean Drive and Denver Street, on which a public hearing was held July 28, 1969, and tabled for further consideration. Motion by Roberts, seconded by Bradley and passed, that the foregoing Application #669-10, Walter Wisznia, be denied. City Manager Townsend presented the pending item of T & H Enterprises Special Use #125, on which a public hearing was held September 22, 1969, and tabled for further consideration pending a written opinion from the Legal Department as to the application of the 20 percent rule. Mr. Townsend summarized the written opinion submitted by City Attorney Singer and stated that it appears that the ordinance governing Mobile home parks and subdivisions should be amended; that it was the opinion of the Legal Department that the procedure which has been provided for Special Use Permits by the Planning Commission, with appeals to the City Council, would probably be held valid, but somewhat on the fringe of validity and should be accompanied by more specific prerequisites, conditions and limitations than is now provided. The pending item was further tabled. It was concluded that the 20 percent rule is not in effect. It was agreed that Application #469-17, Businessmen's Association of South Texas, Inc., and related street closings of Rene Drive and Roel Street, be placed on the agenda for consideration two weeks trom this date, October 15, City Manager Townsend presented the pending item of a request for closing of Gatewood Drive between O'Connell Street and Cline Street, on which a public hearing was held September 27, 1967, and tabled indefinitely for further consideration of right of way and drainage problems. Mr. Townsend stated there has been no significant progress on the drainage question. Motion by Bradley, seconded by Roberts and passed, with Blackmon, Bradley and Roberts voting "Aye", Lozano and Sizemore voting "Nay", and de Ases abstaining, that the foregoing request for closing of Gatewood Drive between O'Connell Street and Cline Street, be denied. • Minutes Regular Council Meeting October 1, 1969 Page 11 City Manager Townsend presented the pending item of the request to close the alley located between Lots 1 through 8 and 9 and 10, located between the business area and residential area in South Park Addition, on which a public hearing was held October 2, 1963. Motion by Bradley, seconded by Roberts and passed, with Sizemore voting "flay", and de As.es abstaining, that the foregoing request to close the alley located between Lots 1 through 8 and 9 and 10, in South Park Addition, be denied. It was agreed that action on the request to close an unopened street from Flour Bluff Drive to the Oso, be considered October 29, 1969. There being no further business to come before the Council, the meeting was adjourned.