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HomeMy WebLinkAboutMinutes City Council - 02/13/1974MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 13, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff COMMISSIONERS: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. VaA 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 City Hall. The Invocation was given by Sister Camelia, Superintendent, Area Catholic Schools. City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Branch, and passed, that the absence of Commissioner Stark be excused for just cause. Motion by Acuff, seconded by Lozano, and passed that the Minutes of the Regular Meeting of February 6, 1974 be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: NATIONAL ENGINEER'S WEEK, February 17 through 23, 1974; CATHOLIC SCHOOLS WEEK, February 17 through 23, 1974; BROTHERHOOD WEEK, February 17 through 24, 1974; LUTAC WEEK, February 17 through 23, 1974. Bids were opened and read by Director of Engineering and Physical Develop- ment James K. Lontos for reconstruction of Nueces Bay Boulevard from IH -37 to Leopard from the following firms: Burtex Constructors, Inc.; Heldenfels Brothers; and Asphalt Paving Company. Bids were opened by Mr. Lontos for the Sanitary Sewer Improvements at the International Airport from the following firms: T. H. Lee; C G I, Inc.; Maverick Construction; Burtex Constructors; and Heldenfels Brothers. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. The City Manager presented the following items for Public Hearing: a. City Manager explained the purpose of the proposed modification Butes Regular Council Meeting February 13, 1974 Page 2 of the Master Sewer Plan system to include the area south of the City limits between the railroad and Highway 77 and an area north of FM 624 and west of Highway 77 to the Nueces River. Motion by Branch, seconded by Tom Gonzales and passed that the hearing be closed. • Motion by Lozano, seconded by Branch and carried, that the Master Plan be modified to allow services to expand to serve the areas of Calallen by trunk facilities of the Allison Plant to include the area south of the City limits between the railroad and Highway 77 and an area north of FM 624 and west of Highway 77 to the Nueces River. b. City Manager Townsend, by slides pointed out the street requested to be closed; the 75' unopened portion of Stoddart Street also known as Nimrod Street off Waldron Field Road west of Purdue Road. No opposition was expressed and the affected departments concurred in the request. Motion by Acuff, seconded by Lozano and carried, that the street be closed as requested subject to the platting of the property involved. c. City Manager Townsend identified the alley sought to be closed; a portion of an alley between Lots 33, 34, and 35, Block 3, Austin Addition #1 located between Balboa and Pueblo Streets north of Morgan; and explained that the eastern half of the alley was closed last February but the western half was not closed because of objections of an abutting property owner. Mr. Robert Fagan, attorney representing Florencio Chaps of 566 Balboa, claimed the western half of the alley is used to haul in cars at all hours to a body shop facing on Morgan. Mr. Florencio Chapa co -applicant, presented his reason for the request stating that the use of the alley was disturbing to the peaceful use of his home. Mr. Joe Cavazos, owner of Lots 36, 37, and 38, stated that he operates a nightclub on his property and had erected a high fence to shield his operation from the neighbors and he opposed the closing of the alley in question. Motion by Acuff, seconded by Richard Gonzalez and passed, that the hearing be closed. •utes Regular Council Meeting February 13, 1974 Page 3 • Motion by Ricardo Gonzalez, seconded by Thomas Gonzales failed to pass, with Luby, Acuff, Branch and Lozano voting "Nay", to close that portion of the alley between Lots 33, 34, and 35, Austin Addition #1 located between Balboa and Pueblo Streets north of Morgan. The Council set for 4:00 p.m., March 13, 1974 a hearing on a request from students at Incarnate Word Academy to change the name of Breezeway between the 2800 block of South Alameda and Austin to Angel Avenue. Several persons with property facing on Breezeway appeared to protest any change and presented an opposition petition signed by 50 Breezeway residents. Mrs. Soledad Hernandez, who resides on Bluntzer, appeared before the Council and presented them with a petition signed by neighbors on Bluntzer Street requesting that Bluntzer Street, from Port Avenue to Buford Street, be changed to 24th Street as it was located between 23rd to 25th Streets. This request was setfor a hearing at 4:00 p.m., March 13, 1974. Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related explanations and comments as follows: a. That a public hearing be held February 27, 1974 on the request of First Savings Association for the contractual annexation of Flyway Unit 1, located east of Everhart Road and south of Saratoga Boulevard. The area is included within the Sanitary Sewer Master Plan and can be served with utilities-. The owners want to annex in order to acquire water service. b. That plans and specifications for the improvements to the Van Galen Ditch in the Flour Bluff Area be approved and bids be received on March 6, 1974. The project was included in the 1972 bond election and calls for lining the ditch with concrete from Laguna Shores Road to Waldron Road. c. That plans and specifications for the installation of 3 emergency power generators at the Municipal Service Center be approved and bids be received on March 6, 1974. The project includes a 10 KW generator in the Service Station to run the gasoline pumps, a 300 KW generator at the Maintenance Building and a 150 KW generator at the Street and Sanitation Building. Ilites gular Council Meeting February 13, 1974 Page 4 • d. That the City lease a 39.8 acre tract of land at the Service Center to George Hoelscher for farming for three years with an option to renew the lease for an additional two years at a rental of 1/3 of the gross crop with a guaranteed minimum annual rent of $680.00. The lease will include a sixty-day notice to vacate at the option of the City. e. That a contract be approved with the United States of America to provide janitorial, utilities and related services at the Airport Traffic Control Tower at Corpus Christi International Airport on behalf of the National Oceanic and Atmospheric Administration, at a rate of $1.74 per square foot or $1,849.62 annually. This is the same rate that was negotiated and approved by the Council for F.A.A. in the Tower Building. f. That the contract for electrical and air conditioning modifications to the eighth floor of the Jones Building to house data processing equipment be accepted as complete. The contract was for $7,963.00 but Change Order No. 1 and a number of field changes during construction increased the cost to $8,754.60. The project was approved by motion on November 14, 1973. g. That Minute Order No. 68377 from the Testas Highway Commission for a skid resistant asphaltic overlay on Ocean Drive and Shoreline Boulevard from I.H. 37 to the North Gate of the Naval Air Station be accepted and $62,000 be appropriated out of revenue sharing funds for the adjustment of man- holes and valves and the repair of any base failures required prior to resurfacing. The Minute Order provides that the State will prepare the plans and specifications and let the contract for resurfacing the pavement and pavement markers which is estimated to cost $371,100. This roadway section will be designated a Metro- politan Highway under the Urban Systems Program. This project should be started this summer. h. That Parcels #14 for the Clarkwood Ditch, Highway 44 to Oso Creek Project be acquired for $836.50 from the Lions Club of Corpus Christi, Westside. The Parcel contains 3,839.77 square feet and is located off Highway 44 near Eklund Street. • • Minutes Regular Council Meeting February 13, 1974 Page 5 i. That the City Council indicate its willingness to authorize and consent to the transfer of the cable television franchise from Athena Cablevision Corporation of Corpus Christi, Inc. to Cablevision of Corpus Christi Corporation, Inc., in accordance with Ordinance No. 9470. (Ordinance No. 11339 authorized transfer of the cable television franchise originally granted to Castel Corpora- tion and Cablecom -General to Athena Cablevision Corporation) j. That the City Manager be authorized to submit a Notice of Intent to the Department of Labor indicating the City's intention to become a prime sponsor of manpower programs. Said notice is in accordance with Section 102 (c)(1) of the Comprehensive Employment and Training Act of 1973 and must be submitted in order to be considered eligible for prime sponsorship. This Notice of Intent must be sent to the Assistant Regional Director for Manpower and the Governor and must contain the following information: (1) Name and address of applicant; (2) Geographical areas to be served; (3) Population of area to be served; (4) Certification that the potential prime sponsor has the required governmental authority; (5) Certification that the applicant's plan will be in accordance with the Act; (6) Signature of the chief executive officer. k. That a public hearing be held on February 20, 1974 at a Special Meeting at 11:00 a.m. on a request to increase taxicab rates for those cabs operating in the City. The rates were last adjusted on June 14, 1972. The request is due to increased fuel costs and other increased costs. Motion by Acuff, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "k", be accepted, and the requests and recommendations be granted and approved as presented by City Manager Townsend. The Council heard a protest from W. H. Hammonds, local apartment complex owner, against a ruling that his private garbage collection crew could not use the City's new sanitary landfill for dumping. Scott Cook, attorney representing Hammonds, said most of his client's apartment complexes were located in the south part of town but the garbage collected from the units had to be taken to the dump on the west side of town. He questioned whether the City staff had the authority to make such requirements. •utes Regular Council Meeting February 13, 1974 Page 6 Councilman Branch asked City Manager Townsend to provide more information later on the landfills so the Council could give direction to the staff on how the sites should be run. Travis R. Parker, 2613 Lynch, appeared before the Council and complained of palm tree leaves that hadn't been picked up in five weeks. Mr. L. W. Hennings, Director of Inspections and Operations, was requested to look into this matter. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH GEORGE HOELSCHER COVERING 39.8 ACRES OF LAND LOCATED AT THE MUNICIPAL SERVICE CENTER FOR FARMING AND AGRICULTURAL PURPOSES, IN ACCORDANCE WITH THE TERMS AND PROVISIONS OF SAID LEASE AGREEMENT, SAID LEASE AGREEMENT TO BE FOR A THREE YEAR TERM WITH A TWO YEAR RENEWAL OPTION IN FAVOR OF THE LESSEE, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE THE SAME AS IF COPIED VERBATIM HEREIN. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE 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, BY AMENDING ARTICLE 27, SUBSECTION 27-3.01.06, BY DELETING THE PRESENT SUBSECTION 27-3.01.06 AND IN LIEU THEREOF ADOPTING A NEW SUBSECTION 27-3.01.06, SAID AMENDMENT TO ARTICLE 27 TO AMEND THE STANDARDS FOR SCREENING FENCES AND PROVIDE FOR DEFERMENT CONSTRUCTION CONTRACTS, SETTING OUT THE TERMS OF THE CONTRACTS, RELATING TO DEPOSIT OF MONEYS AND COMMENCEMENT OF FENCE CONSTRUCTION; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11908 AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE DEPARTMENT OF LABOR, THROUGH THE ASSISTANT REGIONAL DIRECTOR FOR MANPOWER AND THE GOVERNOR OF THE STATE OF TEXAS, A NOTICE OF INTENT TO APPLY FOR PRIME SPONSORSHIP OF MANPOWER PROGRAMS IN ACCORDANCE WITH SECTION 102 (c)(1) OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. 1 •Utes ular Council Meeting February 13, 1974 Page 7 ORDINANCE NO. 11909 AUTHORIZING AND DIRECTING THE CITY MANAGER ON BEHALF OF THE CITY OF CORPUS CHRISTI TO EXECUTE A CONTRACT WITH THE UNITED STATES OF AMERICA TO PROVIDE JANITORIAL, UTILITIES AND RELATED SERVICES AT THE AIRPORT TRAFFIC CONTROL TOWER AT CORPUS CHRISTI INTERNATIONAL AIRPORT, ON BEHALF OF THE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF; CANCELING CONTRACT NO. ES021-9109-68, FORMERLY C2wb-4058, DATED SEPTEMBER 27, 1963; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11910 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 14 OF THE CLARKWOOD DITCH PROJECT, HIGHWAY 44 TO OSO CREEK, FROM THE OWNER LIONS CLUB OF CORPUS CHRISTI, WESTSIDE; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $836.50, OF WHICH $768 IS FOR LAND AC- QUISITION AND $68.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING IN CONNECTION WITH THE SAID ACQUISITION, APPLICABLE TO PROJECT NO. 295-67-46; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11911 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, BY AMENDING ARTICLE 33, PERMITS, PLATS AND FILING FEES, BY ADDING A NEW SUBSECTION 33-3.03 EXCEPTIONS, AND RE- NUMBERING THE EXISTING SUBSECTION 33-3.03 AS SUBSECTION 33-3.04, SAID SUBSECTION 33-3.03 TO PROVIDE FOR PAYMENT IN ADVANCE BY ALL PERSONS, FIRMS OR CORPORATIONS FILING AN EXCEPTION WITH THE CITY COUNCIL TO ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION OF THE BUILDING OFFICIAL SO MADE IN THE ADMINISTRATION OR ENFORCE- MENT OF SECTION 27-3.01.06 NECESSITATING THE SENDING OF NOTICES AND PUBLICATION OF NOTICES; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; 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, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11912 ADOPTING HIGHWAY COMMISSION MINUTE ORDER NO. 68377, DATED JANUARY 29, 1974, CONCERNING RESPONSIBILITIES OF THE CITY OF CORPUS CHRISTI AND THE TEXAS HIGHWAY DEPARTMENT IN CONNECTION WITH THE PIACEMENT OF A SKID -RESISTANT ASPHALTIC OVERLAY ON OCEAN DRIVE AND SHORELINE BOULEVARD FROM I.H. 37 TO THE NORTH GATE OF THE NAVAL AIR STATION, WHICH ROADWAY IS TO BE DESIGNATED A METROPOLITAN HIGHWAY (NUMBER 5126); AND DECLARING AN EMERGENCY. •utes 111/1 Regular Council Meeting February 13, 1974 Page 8 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11913 APPROPRIATING $62,000 OUT OF NO. 122 GENERAL REVENUE SHARING FUND FOR THE CITY'S ESTIMATED SHARE OF COST TO PLACE A SKID -RESISTANT ASPHALTIC OVERLAY ON OCEAN DRIVE AND SHORELINE BOULEVARD FROM I.H. 37 TO THE NORTH GATE OF THE NAVAL AIR STATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark absent. ORDINANCE N0. 11914 AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE CABLE TELEVISION FRANCHISE GRANTED TO CASTEL CORPORATION AND CABLECOM-GENERAL, INC. BY ORDINANCE N0. 9470, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 27, 1969, NOW HELD BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC. (ORDINANCE No. 11339) FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO CABLEVISION CORPORATION OF CORPUS CHRISTI, INC. WHEN, AS AND IF ACCOMPLISHED; ALL AS AUTHORIZED BY SECTION 16 OF SAID ORDINANCE NO. 9470; PROVIDING THAT SAID CONSENTS ARE EFFECTIVE FROM THE EFFECTIVE DATE OF THIS ORDI- NANCE UNTIL THE TRANSFERS ARE ACCOMPLISHED BUT, IN NO EVENT, TO EXCEED 180 DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; APPROVING THE FINANCIAL RESPONSIBILITY OF THE PROPOSED TRANSFEREES; FINDING THAT THE PROPOSED TRANSFER HAS COMPLIED WITH THE TERMS OF THE AFORESAID ORDINANCE N0. 9470; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark Absent. Mayor Luby stated that the Sister City Committee was not legally constructed and proposed that the group be restructured, and nominated Mrs. Helen Bluntzer as Chairman of the Sister City Committee; Mrs. Billie Chandler as Vice Chairman and Chairman of the Yokosuka Sister City; and Dr. Roberto Bosquez as Vice Chairman and Chairman of the Tampico Sister City Committee; and submitted for confirmation a list for membership on the Committee. Mayor Luby likewise nominated for reappointment to the Industrial Committee, Messrs John Crutchfield, R. N. Conolly, S. E. Kelly; and for appointment to fill vacancies, Messrs William Carl, Bob Franz, Dr. D. Whitney Halladay, and Larry J. Tucker. •tes Regular Council Meeting February 13, 1974 Page 9 Councilman Branch objected to appointments to Boards and Committees without prior discussion. It was agreed that final action be deferred until next week's workshop. Councilman Branch requested that information be provided as to methods of nominations to Boards and Committees, those covered by the Charter and those by ordinance. There being no further business to come before the Council, motion by Acuff, seconded by Lozano, and passed, that the meeting be adjourned at 4:50 p.m., February 13, 1974.