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HomeMy WebLinkAboutMinutes City Council - 04/07/19717 • MIES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 7, 1971 2:00 P. M. PRESENT: Mayor Pro Tem Gabe Lozano, Sr. Commissioners: Dick Bradley, Jr. Eduardo E. de Ases Ken McDaniel W. J. Roberts Ronnie Sizemore City Manager R. Marvin Townsend City Attorney Jim Riggs City Secretary T. Ray Kring Mayor Pro Tem Gabe Lozano called the meeting to order. The Invocation was given by Commissioner W. J. Roberts in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance, Motion by Roberts, seconded by Bradley and passed, that the absence of Mayor Blackmon be excused for just cause. The Minutes of the Special Meetings of August 5, 6, 7 & 8, 1970, (Hurri- cane Celia); Special Meeting of March 22, and Regular Meeting of March 24, 1971, were approved as furnished to the Council. Mayor Pro Tem Lozano announced the issuance of proclamations as follows: NAVAL JUNIOR RESERVE OFFICER TRAINING CORPS WEEK, April 12 - 17, 1971; and FESTIVAL OF FLOWERS DAYS, April 12 - 18, 1971. Mayor Pro Tem Lozano called for the City Manager's Reports. Motion by Bradley, seconded by Roberts and passed, that the City Manager's Reports, Items "a" through "k" be accepted, and that the requests and recommenda- tions be granted and approved as follows: a. That the hearing on McBride Lane Street Improvements, from Leopard Street to Highway 44, be closed, and that the assessmentroll be adopted as follows: (1) The added cost for an additional 6 -foot of width for 190 feet along Gulf Iron Works is $890.55 which has been added to the roll; (2) The H.E.B. area behind the curb has not yet been worked out - should involve a later reduction in assessment by deletion of some proposed paving or concrete; b. That the plans and specifications be approved for the construction of two sanitary sewer trunk lines in the Flour Bluff area for submission to Housing and Urban Development and the State Health Department for their approval; (Line A, Unit 1, extends from the lift station under construction at Military Drive and Jester Street along Military Drive to Matlock and along Matlock to the existing • Minutes Regular Council Meeting April 7, 1971 Page 2 line recently completed at Matlock and Green Bay (Two Way Land Company development); Line A, Unit 2, extends from the treatment plant under construction at Jester and the Laguna Madre, along Lakeside Drive, Padre Island Drive and Waldron Road to the existing small treatment plant. The project includes 10,390 feet of 12" and 15" pipe); c. That a bond election be held on May 1, 1971, regarding the authoriza- tion of $24,500,000 for site acquisition and construction of Plaza del Mar, a com- munity facility to include an arena, exhibit hall and meeting rooms, auditorium, and various support facilities; d. (deleted) e. That an educational leave of absence with pay be granted to Sgt. L. E. Daley from September 9, 1971 to June 17, 1972, for the purpose of attendance at the Traffic Police Administration Training Program at Northwestern University with the final dates to be subject to approval by the Chief of Police with appropriate deduc- tions for sick leave and vacation accumulated during the leave of absence, and agree- ment with Sgt. Daley to remain with the Department at least three years if his fellowship request to the Governor's Committee on Highway safety and this leave are approved; f. That two typographical errors in Ordinance No. 10048 be corrected to correctly recite "Ordinance No. 8821" rather than 8421, and "8979" rather than 8879, and that the actions taken under this Laguna Madre Oil and Gas regulation ordinance since its adoption on December 23, 1970, be ratified; 8. That an ordinance be approved correcting minor text errors in the recently adopted hurricane amendments to the Building Code which is now being reprinted, and to become effective June 1, 1971; h. That an informal Council hearing be held on April 21, 1971, regarding the application of PPG Industries, Inc., to the Texas Water Quality Board, for registration of a solid waste disposal site; i. That 20 miles per hour be adopted as the maximum speed in continuous center left turn lanes; (Over five miles of major streets are now painted with a center left turn lane. They have proven to be effective in reducing accident causing conflicts but maximum speed limit is needed); • Minutes Regular Council Meeting April 7, 1971 Page 3 j. That the date of April 21, 1971, be set for a public hearing on a request of Dr. P. Jimenez to close Heiuley Street from Cleo to Morgan (previously set for May 19, 1971); k. That $15,000 be accepted as full settlement of the obligations of Fidelity and Deposit Company of Maryland under their bid bond insuring the low bid of King Construction Company for Molina Area Street improvements under Bond No. 8228961 (F0#8600) with the understanding that $5,000 of said $15,000 payment be paid by Fidelity and Deposit Company without recourse to any other party, and $10,000 be paid by King Construction Company with payments over a three-year period. City Manager Townsend reviewed the ordinances appearing on the agenda for the Council's consideration, stating that the ordinance proposed for calling a $24,500,000 bond election for May 1, was for site acquisition and construction of Plaza del Mar, a community center to include an arena, exhibit hall and meeting rooms, auditorium and various support facilities. Mr. Cuban F. Burbank, 1127 Ocean Drive, spoke in opposition to the calling. of the election, stating he was speaking as an official representative of the Tax- payers Association. He stated that since the Council decided in January 1971, to call the election, much unsubstantiated propaganda had been distributed, and that many City officials have been campaigning to "impose their will on the people." He stated that the public had not been favored with the required public hearing, and if not technically illegal, it is morally illegal; that only a few will realize tangible financial benefit from the proposed center; stated that the City's General Fund had operated at a $800,000 deficit last year, and that the project may have to be completed through taxation. City Manager Townsend challenged Mr. Burbank's statement that the City had operated at a deficit, stating that the City had not operated at a deficit for several years, and that Mr. Burbank was misinterpretating the source of his informa- tion. He stated the difference is misinterpretation of the terms "General Purpose Expenditures," and "General Purpose Income." Attorney Edmund P. Williams, 420 Dolphin, appeared and stated he does not oppose the concept of a convention center, but does not approve of the site which has been selected which he termed "shanty town." He presented the Council with a • • Minutes Regular Council Meeting April 7, 1971 Page 4 list containing fifteen objections to the proposed site, pointing out that it is on the wrong side of the Expressway; is surrounding on at least two sides by slums and heavy industry; is too far away from the retail districts; is a highly polluted- area; is within some 450 feet of the Broadway Sewer Plant; fails to capitalize on the City's greatest asset, the view of the water; is remote from the majority of modern hotel facilities; the cost of land is excessive which means long periods of litigation and will cause increase in property taxes; and would displace hundreds of people living in the area. He stated the Council should return to the original idea and build the facility on a landfill area across Shoreline Boulevard from Memorial Coliseum which would have the advantage of a water oriented site, pointing out that the only cost would be the fill and seawall construction, and would have all the advantages cited as disadvantages of the other proposed site. (Council Exhibit #4-71) Mr. Sam Frech, 6073 Edgewater, commended the Council for proceeding with the calling the election, stating the benefits from the proposed community facility would accrue to all citizens, and that it will be looked upon in the future as a notable achievement. Mr. Charles A. Nichols, 1547 Lea Lane, spoke in opposition to the proposed community facility, and questioned the wisdom of removing tax -producing properties from the tax rolls. He stated that regardless of how the project is proposed to be funded, the ultimate obligation will revert to the struggling property owners and taxpayers. Mr. Sidney Jones, 3209 Bimini, questioned the statement that the City of Corpus Christi has a Number One bond rating, stating that the bond ratings in Moody's Municipal Report publication were described differently. He asked for clarification. City Manager Townsend explained that the City has been given an "Al" Bond rating and that some other Texas Cities have AA, higher ratings, and some lower; that none are rated AAA, the highest, because of constitutional restrictions on tax rates. He stated that Corpus Christi ranks with several other major cities as "Al". Mr. Luis Corona, commended Mr. Townsend and the Council for their past interest and accomplishments in City and Governmen,: funded projects in rehabilitation of certain communities in the City, but urged the Council not to rush into a decision at this time relative to an appropriate site. He stated he was not opposed to the community facility, but urged conservation of expend ures at this time. • • Minutes Regular Council Meeting April 7, 1971 Page 5 ORDINANCE NO. 10233 REDECLARING, UNDER ART. 58904, V.A.C.S., TEXAS AND ARTICLE 1175, V.A.C.S., TEXAS AND FOR INPOELENTATION OF THE CITY -HUD CONTRACT OF AUGUST 12, 1970, UNDER AUTHORITY OF PUBLIC LAW 70 AND PUBLIC LAW 875, U.S. CONGRESS, AS AMENDED, AND THE DISASTER RELIEF ACT OF 1969,AS AMENDED, THE STATE OF CIVIL EMERGENCY CONTINUING IN THE CITY OF CORPUS CHRISTI AS A RESULT OF HURRICANE CELLA AND AUTHORIZING THE ESTABLISHMENT BY THE CITY OF MOBILE HOME PARK ACCOMMODATIONS FOR DISASTER HOUSING PURPOSES WITHIN THE CITY AS HERETOFORE AUTHORIZED BY THE CITY COUNCIL, TO C NTINUE THE SAME; PROVIDING SEVERA- BILITY; PROVIDING NOTICE AND PUBLICATION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. ORDINANCE NO. 10234 AMENDING ORDINANCE NO. 10048 PASSED AND APPROVED ON DECEMBER 23, 1970, SO AS TO CHANGE T THAT PORTION OF THE CAPTION AND SECTION 1 OF SAID ORDINANCE WHICH NOW READS "PERMITS, ORDINANCE '8421" TO HEREAFTER READ "PERMITS, ORDINANCE 8821"; AND SO AS TO CHANGE THAT PORTION OF THE CAPTION AND SECTION 1 OF SAID ORDINANCE WHICH NOW READS "BAY DRILLING COMMITTEE MEMBERSHIP, ORDINANCE 8879" TO HEREAFTER READ "BAY DRILLING COMMITTEE MEMBERSHIP, ORDINANCE 8979"; RATIFYING THOSE ACTIONS TAKEN PURSUANT TO SAID ORDINANCE 1048 HERETOFORE; PROVIDING ONE PUBLICATION OF THE CAPTION HEREOF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND DECLAR- ING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. RESOLUTION NO. 10235 EXPRESSING GRATITUDE AND APPRECIATION ON THE PART OF THE CITY FOR THE MANY YEARS OF DEVOTED AND FRUITFUL SERVICE RENDERED BY JAMES M. DELLINGER, SR., WHO SUFFERED AN UNTIMELY DEATH MARCH 28, 1971, AND EXTENDING SYMPATHY TO HIS FAMILY IN THEIR BEREAVE- MENT; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing resolution was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. ORDINANCE NO. 10236 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR McBRIDE LANE, FROM HIGHWAY 9 TO HIGHWAY 44, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITTED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS, AND LEVYING AN ASSESSMENT; FIXING A CHARGE AND LIEN, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vite: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. • • Minutes REgular Council Meeting April 7, 1971 Page 6 ORDINANCE NO. 10237 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION ON THE QUESTION OF THE ISSUANCE OF COMMUNITY FACILITY BONDS; DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent, FIRST READING OF AN ORDINANCE AMENDING SECTION 21-72 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE N0. 7693, 50 AS TO ADD SUBSECTION (C) TO SECTION 21-72 SO THAT WHENEVER ANY STREET HAS BEEN DIVIDED TO PROVIDE A CONTINUOUS LEFT TURN LANE SO MARKED, THE DRIVER SHALL NOT DRIVE INTO THE CENTER LANE EXCEPT IN PREPARATION FOR A LEFT TURN WHEN SUCH CENTER LANE IS CLEAR OF TRAFFIC WITHIN A SAFE DISTANCE, AND THE DRIVER HAS FIRST ASCERTAINED THAT SUCH A TURN CAN BE MADE WITH SAFETY; THE MAXIMUM SPEED LIMIT IN SUCH LANE SHALL BE TWENTY (20) MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore present and voting "Aye"; Blackmon absent. ORDINANCE N0. 10238 AMENDING ORDINANCE N0. 10,096, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 10, 1971, AMENDING THE SOUTHERN STANDARD BUILDING=CODE, 1969 EDITION, WITH 1970 REVISION, AND THE TABLE AND APPENDICES THERETO, BY AMENDING THE PRESENT PARAGRAPH (c) OF SECTION 12 OF SAID ORDINANCE TO HEREAFTER BE DESIGNATED AS SUBSECTION 1706.8, CONTINUOUS ANCHORING; BY ADDING TO SECTION 13 OF SAID ORDINANCE 10,096 AND AS PART OF CHAPTER XXV OF THE BUILDING CODE THE DESIGNATION OF SOUTHERN STANDARD BUILDING CODE, SAID CORRECTION TO BE FURTHER INCLUDED THROUGHOUT THE ORDINANCE TO CORRECT REFERENCE TO READ "SOUTHERN STANDARD BUILDING CODE"; AMENDING ITEM 4, SUBSECTION (b) of 1-6 OF SECTION 2506 - MOBILE HOMES, BY OMITTING THE COMMA AND THE WORD "OR" AT THE END OF SAID SECTION (b); AMENDING SUBSECTION 1707.9(b) PARAGRAPH (4) SO AS TO CHANGE CHAPTER REFERENCE TO "XVI" RATHER THAN "25" AND BY AMENDING SAID SUBSECTION 1707.9(b) BY CHANGING THE TABLE REFERENCE ON PAGE 11 OF THE SAID ORDINANCE NO. 10096 FROM "TABLE 34-A" TO "TABLE 1707.9"; AMENDING ITEM (b) (4) OF SUBSECTION 1707.9 (c) SO AS TO HEREAFTER READ "90 POUND ROLL" IN THE THIRD SENTENCE, AND ADDING TO ITEM (c) (1) THE WORDS "THE ENTIRE ROOF SHALL" FOLLOWING THE WORD "CODE" IN THE THIRD SENTENCE; CORRECTING THE SPELLING OF VARIOUS WORDS AS THEY APPEAR MISPELLED THROUGHOUT THE SAIDA4RDINANCE NO. 10,096 SO AS TO EFFECT A UNIFORM SPELLING THROUGH- OUT SAID ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF JUNE 1, 1971 AS THE 'EFFECTIVE DATE OF THE PROVISIONS OF THE AFORESAID ORDINANCE NO, 10,096; PROVIDING FOR PUBLICA- TION; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. RESOLUTION NO. 10239 EXPRESSING ENDORSEMENT OF SENATE BILL 862 PENDING IN THE 62ND LEGISLATURE, 1971, BY SENATOR RONALD BRIDGES GRANTING TO THE CITY OF CORPUS CHRISTI ADDITIONAL TIME IN WHICH TO MAKE IMPROVEMENTS ON CERTAIN SUBMERGED AND UNSUBMERGED LAND IN THE "CAVO DEL dSO~-GRANTED TO THE CITY BY ARTICLE 5421k-3, V.T.C.S. r Minutes Regular Council Meeting April 7, 1971 Page 7 The Charter rule was suspended and the foregoing resolution was passed by the following vote: Lozano, Bradley, de Ases, McDaniel, Roberts and Sizemore, present and voting "Aye"; Blackmon absent. City Manager Townsend reported receipt of a letter from Attorney James P. Ryan relative to the condemnation suit of City vs. Thomas A. Williams, et al, for acquisition of a 55 -acre tract of land located in Laguna Madre on which the City is constructing the new Flour Bluff Sewage Treatment Plant, and stated the matter should be resolved as to whether or not the City should accept the Commissioner's award, or whether or not the case should be appealed. He stated it was the recom- mendation of Mr. Ryan that the City should accept the award and not attempt any further appeal. Commissioner de Ases suggested that perhaps this matter should be held in abeyance until the new Council comes into office, since it would be its responsi- bility to appropriate the money. City Manager Townsend stated it is within the discretion of this Council to authorize the payment from the General Fund, and then the action of the next Council would be to authorize reimbursement to the General Fund. Motion by McDaniel, seconded by Roberts and passed, as amended, that the matter of acquisition of the site for the new Flour Bluff Sewage Treatment Plant, not be appealed, and that the award of the Jury of County Court at Law II, be accepted, and an appropriation from unallocated reserve of the General Fund be expended for this purpose, with the hope that the amount would be reimbursed. There being no further business to come before the Council, the meeting was adjourned.