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.
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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
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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
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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
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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
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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
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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.
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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".
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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".
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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,
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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.
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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
•