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HomeMy WebLinkAboutMinutes City Council - 07/11/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 11, 1973 3:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Ricardo Gonzalez Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Manager R. Marvin Townsend City Attorney James R. Riggs 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 Commissioner Branch in the absence of the invited guest chaplain. City Secretary T. Ray Kring called the roll of those in attendance. Mayor Luby announced the issuance of proclamations designating July 14 and 15, 1973 as TEXAS JASS FESTIVAL WEEKEND; and July 15 through 21, 1973, as CAPTIVE NATIONS WEEK. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. That the easement in Lot 7, Block 8, South Bay Addition, Unit 1, be abandoned, subject to the dedication of an alternate easement. The affected departments concur in the action. b. That a contract be awarded to Trucker's Equipment Inc., Corpus Christi, for the purchase of one Aerial Ladder and Utility Service Body for Building Main- tenance on the basis of low bid for $10,115.00. Bids were received from two firms. (Bid Tabulation #29-73) c. That contracts be awarded to the following firms for Traffic Control Equipment on the basis of low bid meeting specifications: Signal Engineering, Corpus Christi (Lots I & II), $2,032.40; Automatic Signal Division, Fort Worth (Lot III) $2,303.19, for a Grand Total of $4,335.59. Bids were received from nine firmts. (BidTabulation #30=73)' d. That Trinity Engineering Testing Corporation be engaged to provide the material and testing services required for the construction of Horne Road from McArthur to Columbia and Columbia Parkway from Horne Road to Bloomington. Money has been appropriated by Ordinance No. 11422. • Minutes Regular Council Meeting July 11, 1973 Page 2 e. That the Platting Ordinance be amended in regard to street construction in new subdivisions as follows: (1) Change caliche base from 6" to 8" on commercial, industrial & collector streets; (2) Change 2 -course surface treatment to 3 -course treatment or 1" hot -mix; (3) Change 6" standard curb and gutter from 4" roll type; (4) Add caliche under the curbs; (5) Change minimum gutter grades to 3.10%; (6) Provide one year maintenance guarantee. (7) Shift the control of testing from the contractor to the City; (8) Include lot drainage criteria; and that the ordinance be passed on first reading and simultaneously sent to the Planning Commission and others who are interested, for their comments before its second read- ing. f. That a contract be authorized with the Texas Highway Department, Nueces and San Patricio Counties, and the City of Portland for the continuing phase of the Transportation Plan. A representative of Council of Governments is included on the Advisory Committee to the study as a non-voting member. The Study Committee includes representatives from each of the agencies with three staff members from the City of Corpus Christi. g. That the Council re -endorse the planned expansion of the Bayfront Arts and Science Park through the acquisition of Block 90, Beach Addition and instruct the Staff to proceed to carry out the necessary steps to complete the acquisition. The additional space will expand the City Park and provide a site for a small auditorium with lease space for the Corpus Christi Little Theater. The Sams Foundation has indicated their willingness to donate more than $500,000 through the Little Theater for a 500 rent public use auditorium to complement City Museum facilities now exist- ing in the park. Mayor Luby questioned Item 'q" of the City Manager's Reports relative to acO5it'ion of Block 90, Beach Addition, stating he questioned whether or not the land purchase woJd be a high priority item for the expenditure of revenue sharing funds. He stated he felt this item should be deferred for futher investigation and a further look be taken at what the costs will be. He stated he is not against Little Theater but perhaps the gift should not be accepted conditioned on the site. He also stated he would like to know what the Little Theater's plans are for the site which they now occupy. City Manager Townsend explained the planned expansion of the Bayfront Arts and Science Park through the acquisition of Block 90, and emphasized that this recommended action would not • • Minutes Regular Council Meeting July 11, 1972 Page 3 be a binding obligation should the Council find later that the acquisition costs are unreasonable, and since this action does not constitute an appropriation which would have to be approved to acquire the site. He explained that there would be no obligation on the part of the City to build; that it is his understanding that the existing Little Theater facility will go toward the new facility, and pointed out that the new building would probably cost twice as much as the land. He stated he strongly recommended the action stating that it would be an appropriate addition to the Bay- front Science Park at this location already enhanced with two museums. He stated he feels investment in park land is extremely good at this location which makes it a high priority fon expenditure of revenue sharing funds, particularly when a building can be had for twice the cost of the land. He pointed out that the 500 -seat facility which is planned would be available for public meetings when not in use by the Little Theater group but would in no way be a substitute for a municipal auditorium.. Mr. Clay Moore, 325 South Morningside, stated he felt the City should hold a refer- endum on the matter of acquiring land for the site of Little Theater. He stated the proposed action would be a continuation of the error committed when the Bay Front Science Park was purchased in not allowing the public to have a vote. Mr. Moore claimed that the City had opposed other developments in the downtown area to be kept "stagnant" for the use of the City. Mrs. Sidney Campbell, stated she did not feel the City needs this facility if it is going to cost the taxpayers a substantial amount of money and it should be made public who is or the Board of Directors of the Sams Foundation. She asked for the names of the persons who owes the land, the names of the individuals on the Board of Directors of the Foundation, and where the Foundation is located. City Manager Townsend emphasized that the Counci I must take another follow-up action before anything is binding, and that this action would only be an endorsement of the action taken by previous Concils. He stated that names of Board members of the Sams Foundation are available. Mr. Paul A. Vogler, Jr,, appeared identifying himself as an officer and director of the Good Government League of the City and sponsor of the Good Government League Party. He stated he wanted to go on record as challenging the matter of acquisition of Bayfront land being on today's agenda since this Council voted a few weeks ago that no item could be placed on the agenda that had not been submitted for posting the Friday prior to the Regular Meeting. He stated he did • • Minutes Regular Council Meeting July 11, 1973 Page 4 not understand why this was put on the agenda as an emergency matter when it had been under consideration for such a long period of time. He stated he felt there must be some ulterior motives involved; that public hearings should have been held since it would involve future developments, and there is other ample space available where Little Theater could have located which would be more accessible to the people. Mr. Vogler cites Art. IX, Section 18 of the City Charter as o course of action for citizens in case of unauthorized or fradulent attempts to deceive -the taxpayers. City Manager Townsend explained that this matter had been considered by two prior City Councils, presentations had been made at workshop sessions and Council Meetings, and pui is hearings held in 1969 by the Arts Commission Advisory Board regarding the Bayfront Science Park. He stated the question before the Council at this time is whether or not they wish to instruct the Staff to move forward expeditiously on this project. Mr. Chas. A. Nichols, 1547 Lea Lane, stated he was not opposed to Little Thecter, but it was his understanding that Revenue Sharing Funds were intended to lower taxes. He stated taxes in Corpus Christi should be lowered to encourage establishment of new business in the City instead of chasing them away to other cities. He pointed out that the Sams Foundation is tax exempt, as well as all other foundations, and if they could be included on the tax rolls, taxes would never have to be increased. He suggested that the Sams Foundation donate funds to acquire the property and the Little Theater group sell bonds for the building. Others appearing and speaking in favor of the Little Theater Site were Mary Lou Huffman, 402 Old Robstown Road, stating there were other bids for financing from the. Sams Foundation, and that this is a generous offer of which the City should take advantage. Mrs. Rudy Gonzales, 1809 Yale, spoke on behalf of the youth of the City, pointing out that Little Theater provides opportunities and entertainment which is needed in the area of young people. Mr. David Saenz, 1430 17th Street, stated Little Theater should be encouraged and would be an improvement "over the X -Rated movies which have been operating in the downtown area." Mr. John Keltner, Realtor, 100 Hawn Building, appeared on behalf of four local developers, in opposition to the proposed ordinance and recommendation to amend the Platting Ordinance in regard to street construction in new subdivisions. He requested that this matter be tabled until the group of developers and home builders have an opportunity to meet with City Engineers and discuss the proposal. He claimed the provisions of the proposed ordinance, such as heavier caliche bases • • Minutes Regular Council Meeting July 11, 1973 Page 5 and thicker surface treatment, would definitely increase the costs of home building and would be passed down to the home owner. Mayor Pro Tem Acuff stated he had asked for the tighter requirements because of the deterioration of streets which later have to be repaired by the City. City Manager Townsend pointed out that it had been made clear in his recommendation that the ordinance would be placed on a three reading basis, and that it would be ref+rred to the Planning Commission for their comments. Mr. Keltner stated the developers would prefer to discuss it with the engineers before it is referred to the Planning Commission, pointing out that thF; has always been the procedure in the past. Mr. Townsend agreed to withdraw the ordinance from the agenda and it wasagreed that a meeting would be arranged between the Staff and Mr. Keltner's group for Monday, July 16, for discussions on the matter. A representative of the United Cerebral Palsey Association appeared and requested that ramps be installed next to curbs in the downtown area, shopping centers and public buildings, as an aid to persons in wheel chairs. Motion by Branch, seconded by Lozano and passed, with Mayor Luby abstaining on Item "e", that the City Manager's Reports, Items "a" through "g" be accepted, and that the requests and recommendations be approved as presented and amended by the City Manager. Mr. Patrick Harkin, appeared stating he was speaking for himself and a number of businessmen on Corpus Christi Beach. He stated they were very much disturbed about reports from reliable sources that the park which was presented in a bond issue last December and approved, Christi will not be built at the north end of Corpus/Beach in accordance with a plan approved for this area designating a portion of Corpus Christi Beach as a public park. He presented a petition containing several hundred signatures of property owners urging the Council to authorize immediately the acquisition of the necessary property and begin construction of the park. (Petition #2-73 City Manager Townsend stated the reports probably resulted from recent discussions on what to do if Federal matching funds for Corpus Christi Beach improvements are not forthcoming. He urged residents to write to U. S. Senators in support of getting the $64,000 for beach planning in the appropriation for the U. S. Corps of Engineers, explaining that the appropriation is vital for obtaining future matching funds for the park proposal. Mr. Wayne Johnson stated it was his feeling that the $475,000 bond issue approved for the • • Minutes Regular Council Meeting July 11, 1973 Page 6 park would go a long way toward providing a park even without matching federal funds. He stated the acquisition should get under way before property owners begin to ask for building permits for construction of apartments and condominiums instead of a park. Mrs. Dwain Harris, President of the Corpus Christi League of Women Voters, read a state- ment in support of the development of Corpus Christi Beach, stating they feel it is imperative that the resolution of November, 1972 be kept, that the necessary money be allotted for purchase of the land, and that this area at the north end of Corpus Christi Beach be developed into a large public park. (Council Exhibit #4-73) Mayor Luby announced the public hearings on three zoning applications scheduled for 4:00 p.m. City Manager presented Application #573-16, M. T. Toness, for change of zoning from "R -IA" One -family Dwelling District to "A-1" Apartment House District on a I -acre tract out of Lot 1, Section 28, Flour Bluff and Encinal Farm and Garden Tracts, located on the south side of McArdle Road, east of Rodd Field Road. The request was heard by the Planning Commission May 29, 1973, and forwarded to the Council with the recommendation that it be denied, but in lieu thereof "R-2" Two-family Dwelling District be approved in an effort to be consistent with uses in the surrounding area. The Staff concurred in this recommendation. Mr. Joe McManus realtor, representing the applicant, stated they do not concur with the recommendation of the Commission, stating that two weeks after they made a presentation on this request, which was denied, a I5 -acre tract of land adjacent to this property received favorable support from the Planning Staff and was approved by the Commission. He stated he did not under- stand why this small tract was denied the requested "A -I" when it is the highest and best use of the land. He stated he was definitely opposed to the granting of "R-2" and would not be acceptable to the applicant. Motion by Acuff, seconded by Stark and passed that the hearing be closed. Motion by Acuff, seconded by Branch and passed, that Application #573-16, M. T. Toness, be tabled to be heard simultaneously with the application pending for change of zoning or the adjacent tract. City Manager Townsend presented Application #573-17, Nueces County, for change of zoning from "R -1B" One -family Dwelling District to "AB" Professional Office District on Tract A • • Minutes Regular Council Meeting July 11, 1973 Page 7 (10 acres); and to "1-3" Heavy Industrial District on Tract B (5 acres); both tracts being out of Lot 8, Section 4, Bohemian Colony Lands, located between Trojan and South Padre Island Drives, west of Crosstown Expressway. The request was heard by the Planning Commission May 29, 1973 and forwarded to the Council with the recommendation that the "AB" classification be approved for both tracts. Attorney Franklin Smith, representing the applicant was present and stated the recommenda- tion of the Planning Commission was acceptable. No one appeared in opposition to the recommendation of the Planning Commission. Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the Planning Commission be concurred in and Application #573-17, Nueces County, be approved for "AB" Professional Office District on Tracts A & B, both being out of Lot 8, Section 4, Bohemian Colony Lands, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented Application #573-19, Charles E. Jacobs, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on a 0,543 acre tract of land out of Tract 16, Gregorio Farias Grant, Abstract 592 Nueces County, Texas, located on the east side of State Highway 77 between Hearn and UpRiver Roads. The request was heard by the Planning Commission May 29, 1973 and forwarded to the Council with the recommendation that it be approved as a logical extension of "B-4" zoning. The Staff concurred in this recommenda- tion. No one appeared in opposition to the recommendation of the Planning Commission. Motion ,by Branch, seconded by Lozano and passed, that the hearing be closed. Motion by Acuff, seconded by Branch and passed, that the recommendation of the Planning Commission be concurred in and that Application #573-19, Charles E. Jacobs, for change of zoning from "R -IB" One -family Dwelling District to "B-4" General Business District on a 0.543 acre tract of land out of Tract 16, Gregorio Farias Grant, Abstract 592 Nueces County, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented the pending Application #573-13, Roland Garcia which was tabled from July 5, so that the applicant could be contacted to determine whether or not "AB" zoning would be acceptable. • • Minutes Regular Council Meeting July 11, 1973 Page 8 Mr. Roland Garcia, applicant, was present and stated he was badly in need of the requested "E-1" zoning for his real estate business. He stated he had made a recent survey of the immediate area and found ten free standing signs within the two -block area, and could not understand the Council's reluctance to grant his request. The policy for signs which was set during the moratorium was discussed. City Manager Townsend stated the Council sets its own policy and each request should be handled on its own merits. He stated that copies of the Eisner Report had been furnished the Council and a recommendation is pending from the Planning Commission. Mr. Garcia stated he feels the area is a "B-1" area, but that a Special permit would be acceptable as he plans on operating no other business other than the real estate business. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the hearing be closed. Motion by Lozano, seconded by Branch and passed, with Tom Gonzales voting "Nay", that Application #573-13, Roland Garcia for change of zoning from "R-2" and "AB" to "B-1" be approved as follows: "AB"Prp$dscionai-0ffice District be granted on the "R-2" area, being Lot 10, Block A, and a Special Permit be granted'on Lots 10 & 11, Block A, for a gign for the real estate business, and that an ordinance be brought forward effectuating the change. City Secretary Kring reported that he had received a call from Mr. Frank Evans, Application #473-8, which was deferred until this date, stating he would like to have his request deferred for one more week. City Manager Townsend stated that Application #473-5, Texas Methodist Foundation, deferred from June 28, pending a review of the school property and its joint use with the City, be further deferred because an adequate report has not been received on the school and park relationship. Mayor Pro Tem Acuff requested that the sound curve be checked on this land. ORDINANCE NO. 11566 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN AMENDMENT OF ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRIS9:11ANTE AND"' TRUST CAMP 1Y;1IRUS'TEEE;T A15,1gRAKWh/0BA COT US CHRISTI AVIATION, AND STONEWALL NATIONAL BANK, ET AL, TO GARY R. LEVITZ, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT ON CORPUS CHRISTI INTER- NATIONAL AIRPORT SITE, AS SHOWN AND MORE PARTICULARLY DESCRIBED IN THE AMEND- MENT OF ASSIGNMENT AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". • • Minutes Regular Council Meeting July 11, 1973 Page 9 The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye": ORDINANCE NO, 11567 THIRD READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8294, AS AMENDED, COMMONLY CALLED THE "BAY DRILLING ORDINANCE", REGULATING OPERATIONS FOR PRODUCTION OF OIL AND GAS, SO AS TO PROVIDE SPECIAL PROVISIONS RELATIVE TO CORPUS CHRISTI BAY, NUECES BAY, LAGUNA MADRE, AND CERTAIN NEWLY ANNEXED TERRITORY OF THE CITY OF CORPUS CHRISTI; REPEALING ORDINANCE NO. 10,048; PROVIDING A SEVERABILITY 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11568 THIRDREADING OF AN ORDINANCE AMENDING ORDINANCE 8294, AS AMENDED, BY ADDING TO SECTION 6 THEREOF A NEW SUBSECTION, NUMBERED 6.8, CREATING A FLOUR BLUFF AND RECREATION AREA; 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11569 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT OF LEASE WITH THE CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION FOR THE LEASING BY THE SAID CORPUS CHRISTI AIRPORT DEVELOPMENT CORPORATION OF A 10 -ACRE TRACT OR PARCEL OF LAND AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT OF LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11570 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS HIGHWAY DEPARTMENT, NUECES AND SAN PATRICIO COUNTIES, AND THE CITY OF PORTLAND FOR THE CONTINUING TRANSPORTATION PLAN, A COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A", _AND MADE A PART HEREOF; 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 and Stark, present and voting "Aye". • • Minutes Regular Council Meeting July 11, 1973 Page 10 ORDINANCE NO, 11571 CLOSING AND ABANDONING THE 5 -FLOOR UTILITY EASEMENT IN LOT 7, BLOCK 8, SOUTH BAY ADDITION UNIT 1; 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, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11572 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 NUECES COUNTY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACTS A & B, BOTH TRACTS BEING OUT OF LOT 8, SECTION 4, BOHEMIAN COLONY LANDS, MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFES- SIONAL 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present aid voting "Aye ORDINANCE NO, 11573 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 CHARLES E. JACOBS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A 0,543 ACRE TRACT OF LAND OUT OF TRACT 16, GREGORIO FARIAS GRANT, ABSTRACT 592, NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS 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 uspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Following a brief recess, Mayor Luby reconvened the meeting at 5:30 p.m. and announned the recessed public hearing on the request of Central Power & Light Company's request for a rate increase. City Manager Townsend explained that the re -hearing was opened Monday, July 2, • • Minutes Regular Council Meeting July 11, 1973 Page 11 recessed to July 3, and further recessed to July II. He stated that the City Attorney had prepared a brief in response to the brief submitted by Central Power & Light Company requesting the re- hearing, and that copies of both these documents are in the hands of the Council. He stated that contained in Mr. Riggs brief are official comments as to the position of the Legal Department in regard to the points raised in the Company's brief (both briefs on file in the office of the City Attorney). He stated that at last week's Workshop Meeting he was asked to make a recommendation in regard to Central Power & Light Company's request. He stated that it is still the Staff's position that the recommendation of Dr. John K. Longum, based on the test year of 1972, is correcand is defensible, but emphasized that if there is some way to resolve the issue and adequately serve the citizens of this City and obtain a fair solution short of the courts, he feels this would be a desirable goal. He stated he did not have that solution in hand at this time but that he had been in contact with the Company officials about possible areas of agreement. Mr. Townsend made a detailed presentation of suggestions which in his opinion might provide a basis for trying to work out the problem and if the Council desired, the hearing could be further recessed to afford the Council an opportunity to consider this approach, and that he would bring some kind of final recommendation next week. He stated it is proper to look to the future, and pointed out that we are already six months into 1973. He pointed out that Corpus Christi is the only City of some 104 other cities that are paying for fuel which is now in the vicinity of 32 cents and within a 15 -month period will increase to possibly 50 cents; that the fuel cost estimated in next year's budget would be some $120,000 and could very well double in twelve to eighteen months from now. He stated it appears to him that a very heavy burden of heavy rates are placed on low and middle sized residential and commercial users, and the Staff has been exploring possible ways by which the rate structure asked by the Company could be put into effect on all brackets except the first kilowatt hours. He pointed out that all are aware that the Company had increased the minimum from 57 cents to $1.50 and in so doing, reduced the kilowatt; hours. He stated there might be a solution in allowing only a 25% increase in the first 50 kilowatt hours to help ease the impact to small users, and that this is one possible area for a compromise. Mr. Townsend explained that all discussions have been system -wide and still maintains that this is proper to make a fair estimate on rate of return, but on the other hand, rates are being established for this City, and whether or not other Cities pay for fuel consumed is a matter for that City to decide for their particular area. • • Minutes Regular Council Meeting July 11, 1973 Page 12 He gave a po-ssible compromise figure of 4 percent increase in charges passed on to customers for residential use, and stated the minimum charge might be settled at $1..00 instead of $1.50 with the City continuing to pay the fuel costs. Mr. Townsend stated he is aware that the Company has reduced its advertising program and other costs which are substantial; and that he feels it is fair to forecast that costs will continue to rise more rapidly than revenues. Mr. Townsend emphasized that these comments are not being submitted in the form of a firm and final recommendation but are thoughts which he has been pursuing; that these suggestions have been conveyed to the Company officials and they have indicated they would be willing to work along these lines to try to re,olve the problem in that general framework. He stated it would be more appropriate for the Council to recess this hearing since his comments had not been finalized into a firm recommendation, and that consideration be given to this general information. He stated that an ordinance could be prepared for next week which would set some plateaus on fuel costs. Commissioner Branch stated he was confused that Mr. Townsend's comments today conflict with his comments of last week when he stated the recommendation of Dr. Langum for a 2 percent increase was correct. Mr. Townsend stated that at this point it ie a question of what is the best course of action to follow; that the 2 percent is fair, and defensible but the question is, is it the only fair rate. He stated the Council should remain open to a possible settlement to avoid a lawsuit. He pointed out that the Council has, as c rate making body, the obligation to provide a proper rate when technicians are a long way from being precise, and that it is difficult to determine what is right. Mr. Townsend provided the Council with a chart showing the average number of monthly bilk by rate step for residential customers and small commercial customers for the period October 1971 to September 1972. He explained that the Council is under no obligation to open this hearing to other comments at this time, but that it is their privilege to do so if they so desired. Mr. David Perry, Attorney for Corpus Christi Consumers Association asked that he be allowed to speak in response to City Manager Townsend's comments at this time. Mayor Luby stated the Floor would not be opened to further comments. Mr. Perry requested, on behalf of his clients, that the record show that he was refused an opportunity to speak and that he objected to this and considers denial of his request to comment an unfair hearing. • • Minutes Regular Council Meeting July 11, 1973 Page 13 Mr. Townsend explained that there are other calculations relative to the Company's total income which will be made and suggested that the Council study the City Attorney's Brief together with his suggestions for a compromise approach. Motion by Stark, seconded by Acuff and passed, that the hearing be recessed until next week with the clear understanding that the Staff will provide a firm and finalized recommendation. (A Transcript of this Recessed Hearing is on file in the office of the City Attorney.) Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jesus Trevino, 1553 15th Street presented the Council with a petition containing 19 signatures of property owners in the 1500 Block of 15th Street indicating they do not wish to participate in the paving project of 15th, 18th, Espinosa and Dolores Streets. A public hearing was held on the assessments for this project July 3, 1973, at which time Mr. Trevino appeared and questioned whether or not the improvements could be abandoned on this portion of the project if he secured enough signatures in opposition. He stated he had contacted these people and had statements that they did not sign the original petition. City Manager Townsend stated Mr. Trevino has a valid concern if this block was not included in the petition, but explained that this block is the middle block of the portion of 15th Street proposed to be improved and would present some problems as to drainage, etc. He stated the mechanics of this would be investigated further to determine what could be worked out. He commented it would be a bad precedent to leave one block unimproved. Mayor Pro Tem Acuff suggested that this petition be compared to the original petition and a report be provided by next week. Mr. Arthur Pettus, 1311 Retama Street, complained of oil tank construction by a Petroleum Company at 1502 Oak Park, and presented a petition of residents of that area in protest of the noise, dust and other activities associated with this operation, stating there were small children in the area, the noise continues all through the night, and the nuisance has become unbearable. Mr. Townsend explained that this area is outside the City limits and that this residential area is just across the street. He stated the problem would probably be a legal question. City Attorney Riggs stated that it appears to be a case of private and not a public concern, but that there could be some pollution violations, but this also would not be within the City's police power. • Minutes Regular Council Meeting July 11, 1973 Page 14 City Manager Townsend stated he had contacted the contractor through the Building Division, but that he would need some guidelines as to how much noise and how much blowing paint would be in violation, and perhaps the City should address itself to some type of ordinance setting up guidelines. Mayor Pro Tem Acuff suggested that in this case, the City Staff communicate with the Petroleum Company and appeal to them from the good neighbor standpoint. Mr. David Saenz, 1430 17th Street, spoke relative to Central Power & Light Company's rate increase request and commended the services the Company is rendering, particularly during and after Hurricane Celia. Mr. Joe Tanner, 4830 Karchmer, requested that the Council look into the feasibility of conducting semi-annual audits of Public Utilities and that adjustment of rates be made accordingly to prevent deficits. City Manager Townsend explained that we already have overall audits which are a matter of record available in the Accounting Office. Mr. Clay Moore, 1601 Mesquite, local auctioneer, appeared and asked the Council to consider changing the City's requirements and methods in awarding auctions to auctioneers, stating the present methods are unfair and inconsistent. Mr. Moore read a lengthy statement listing alledged discrepancies and related incidents. (Council Exhibit #4-73) Commissioner Ricardo Gonzalez reported that a petition had been presented containing 700 signatures of Nueces County Senior Citizen, Inc., requesting that the City Council permit them to have a voice in the allocation of Revenue Sharing Funds where it concerns the senior citizens in Corpus Christi, and wish to present a proposal in this respect. (Petition #3-73) Commissioner Stark requested that the record reflect his personal appreciation of the efforts of City Manager Townsend over and above the call of duty in providing meeting facilities for the Gun Show. City Manager Townsend made a presentation to the Council of recommended organiza- tional changes in the City Staff, a copy of which recommended changes attached hereto and made a part of these minutes. Motion by Lozano, seconded by Ricardo Gonzales and passed, Acuff abstaining, that the organizational changes presented by the City Manager be approved, and that an ordinance be brought forward implementing these changes. (See Exhibit "A" these minutes) Minutes Regular Council Meeting July 11, 1973 Page 15 There being no further business to come before the Council, Motion by Stark and passed, that the meeting be adjourned at 7:30 p.m., July 11, 1973. INTER -OFFICE COMMUNICATION Fk h r h r T • Dept City Manager To Honorable Mayor and Members of the City Council From R. Marvin Townsend, City Manager Date 'June 12, 1973 SubjectRecommended Organizational Changes 1. The City's administrative structure reflects the job to be done, the avail- ability of skilled personnel, history, and legal constraints. As the City grows, these factors change and so should the organization. 2. Each proposed change should be weighed against the following criteria: a. Does the change improve the City's ability to provide needed services? b. Does the change strengthen the City's ability to obtain financial assistance and to coordinate activities with other units of government? c. Is a qualified individual already employed who can handle the new duties, or can it be realistically assumed that such a person can be employed? d. Will the change cause the loss of existing skilled personnel or the loss of their dedication and morale? e. Does legal authority exist for the change? 3. The following changes are recommended at this time: a. Consolidation of the Department of Urban Development and the Department of Planning. (1) These two departments share responsibilities for planning of neighborhood rehabilitation, housing, and manpower. The Community Renewal Program in Urban Development is financed by HUD planning and implementation money. The CRP staff is doing neighborhood planning. The President has announced his intention of combining most HUD programs into a community development special revenue sharing or block grant program which will require a total expenditure plan by April 1, 1974, for $1,607,000 of community development activities in the year beginning July 1, 1974, and increasing to $4,634,000 in the 5th year or a total of $17,700,000. These activities were previously known as Model Cities, Urban Renewal, Water and Sewer, Code Enforcement, Open Space, and Neighborhood Facility Programs. Planning must be more than a process involving new development and physical growth. It must consider the needs of all of the people in the community if it is to be meaningful. As direct federal contracts for programs such as OEO and SER are phased out, • Recommended Organizational Changes Page 2 - June 12, 1973 sound community planning is needed to guide local expenditure priorities for revenue from all sources, indluding general revenue sharing. Consolidation will expand coordination, provide the mechanism for developing the community development special revenue sharing plan, better use professional expertise now in both departments and strengthen federal program coordination. (2) Changes requiring Council action to carry out the consolidation include: (a) Replacing the position of Director of Urban Development (grade 37) with the position of Director of Planning and Urban Development (grade 42). (b) Changing the title of Director of Planning (grade 40) to Director of Intergovernmental Planning (grade 40) to enable the Director to spend full time acting as coordinator of problems involving COG, extraterritorial areas, the Navigation District, the Corps of Engineers and other Federal, State and County planning organiza- tions. His experience in all areas of planning would continue to be utilized as an advisor to other planning activities. (c) Certain changes in responsibilities and staffing of the various positions in the new organization will be desirable after a recommendation is prepared by the new Director. After the reorgani- zation has been completed, it will probably be desirable to add one or two additional positions in the 1973-74 Budget to expedite master planning and to meet the April 1, 1974, HUD deadline for the preparation of the community development revenue sharing expenditure plan. b. The Director of Engineering Services job title be changed to Director of Physical Development and the Street Division be transferred from Public Works to the expanded department. c. The Traffic Engineering Department remain a separate department reporting directly to the City Manager but the Director of Physical Development be responsible for departmental coordination in this area. The recently authorized Traffic Safety Coordinator (grade 29) should be supervised by the Director of Physical Development and have access to the City Manager as required by the State grant for the program. •ommended Organizational Changes Page 3 - June 12, 1973 d. The position of Director of Public Works (grade 43) be changed from grade 43 to grade 40 to recognize the changes in the responsibilities of the position during the last few years. e. The Coliseum be transferred from the Parks and Recreation Department to Public Works to provide operating and management direction and to separate it from activities that are primarily leisure time and recreation oriented. f. A new Department of Cultural and Leisure Time Activities be estab- lished to include the Parks and Recreation Department, Library Department, Marina Department, Corpus Christi Museum and the City's participation in the Art Museum. The position of Director (grade 40) should then be established. The position of Assistant Director of Parks and Recreation (grade 32) could then be deleted. This depart- ment and Health and Welfare would have operating responsibilities for the City's activities for the elderly with the division of these duties to be determined at a later date. g. The Departmental Director (grade 40) position in the City Manager's Activity be changed to Director of Staff Services (grade 40) and the position be responsible for Budget, Personnel, Data Processing, Safety, Maintenance Services, Training, and for coordination with the Finance Department which, by Charter requirement, must be a separate department. 4. All of the above changes can be carried out within the positions and money authorized in the 1972-73 Budget. To summarize the changes are: a. Create Department of Planning and Urban Development. (1) Change Director of Urban Development (grade 37) to Director of Planning and Urban Development (grade 42). (2) Change title of Director of Planning to Director of Intergovernmental Planning. b. -Change Department of Engineering Services to Department of Physical Development and add Street Division to this Department. c. Change the Director of Public Works (grade 43) to Director of Inspections and Operations (grade 40). d. Transfer the Coliseum to the Department of Inspections and Operations. e. Create the Department of Cultural and Leisure Time Activities, including Park and Recreation, Library, Marina, Corpus Christi Museum, and City participation in the Art Museum. 111/1 • Recommended Organizational Changes Page 4 - June 12, 1973 f. Change Departmental Director in City Manager's Activity to Director of Staff Services responsible for Budget, Personnel, Data Processing, Safety, Maintenance Services, and Training. 5. The positions involved in declining order as as follows: Grade 43 - Director of Public Works Grade 42 Director of Planning and Urban Development Grade 42 - Director of Engineering Services Grade 42 - Director of Physical Develop- ment Grade 40 - Departmental Director Grade 40 - Director of Staff Services Grade 37 - Director of Urban Development Grade 40 Director of Cultural and Leisure Time Activities Grade 32 - Assistant Director of Parks and Grade 40 - Director of Inspections and Recreation Operations Thus, the changes would involve no additional positions with a net change of one reduction in grade and two increases in grade. As to the people involved, it is contemplated that all positions would be filled from within the existing organiza- tion except the position of Director of Staff Services. 6. The duties of the Director of Physical Development and the Director of Planning and Urban Development involve responsibilities which require perspective and knowl- edge of all City activities and the total City organization. They are, therefore, after the Assistant City Manager, the most logical positions to act as City Manager in the absence of the City Manager and to represent the City before various State and Federal agencies. Thus, in addition to their operating title of Departmental Director, it is recommended that they be designated as Deputy City Managers for the specific described purposes. Respectfully submitted, R. Marvin Townsend City Manager RMT:ly (MUNICIPAL COURT] I 2 Judges l Clerk ] CITY COUNCIL 1 CITY MANAGER] CITY SECRETARY and ASST. CITY SECRETARY 1PHYSICAL DEVELOPMENT] Engineering Streets Right -of -Way Traffic Safety Co- ordinator --j_ ASST. CITY MANAGER I Human Relations Information Services Industrial Development Civil Defense Tourist & Convention Administrative Assistants r "PLANNING & URBAN DEVELOPMENT_' Master Planning (CRP) Current Planning Intergovernmental Planning Neighborhood Improvement 1TRAFFIC ENGINEERING] Manpower 'INSPECTIONS & OPERATIONS Building Coliseum Oil & Gas Sanitation (CULTURAL & LEISURE TIME i.FIRE1 Library Marina Museums Parks & Recreation [HEALTH & WELFARE Health Laboratory Environmental Health Air Pollution Animal Control JUICE) LLE CAI.1 FINANCE Accounting Purchasing Property Management Tax • CIVIL SERVICE COMMISSION !PUBLIC UTILITIESi ' Aviation Gas Transit Utility Office Wastewater Water ISTAFF SERVICES Budget & Evaluation Personnel Data Processing Safety Maintenance Services Training •