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.
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Minutes
Regular Council Meeting
October 1, 1969
Page 2
Mrs, James C. Scott, representing the Organization for the Preservation: of art
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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
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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.
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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.
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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".
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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
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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.
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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.
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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.
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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.
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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.