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HomeMy WebLinkAboutMinutes City Council - 02/19/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING February 19, 1975 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. J. Howard Stark City Hall. City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the The Invocation was given by Reverend M. Muehlberger of Abiding Saviour Lutheran Church. City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby proclaimed the week of February 23 through March 1, 1975 as NATIONAL SALESMEN WEEK; and the period of February 22 and 23, 1975 as UNITED ASSOCIATION OF PLUMBERS AND PIPEFITTERS DAYS. City Manager Townsend presented the City -initiated request to change the name of Rosalie Boulevard between the Crosstown Expressway and Port Avenue, to Dillon Lane. He ex- plained that the public hearing was routinely advertised; there are no addresses on this portion of Rosalie, the Gas Division occupies the north side of the street, and the name change would eliminate some confusion since Rosalie does exist west of the Crosstown Expressway. He stated that the property owners have been advised of the proposal and there have been no objections received. No one appeared in the audience in opposition to the proposed street name change. Motion by Branch, seconded by Acuff and passed, that the hearing be closed. Motion by Branch, seconded by Acuff and passed, that the recommendation of the staff be concurred in and Rosalie Boulevard, running east and west between the Crosstown Express- way and Port Avenue, be changed to Dillon Lane, and an ordinance be brought forward effectuating the change. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with explanations and comments, as follows: Minutes Regular Council Meeting February 19, 1975 Page 2 a. That a contract for a fork lift truck for the Warehouse be awarded to Allied Power Equipment, Corpus Christi, on the basis of low bid of $9,682.30 including trade-in. Bids were received from four firms. b. That a contract for repairs to a wrecked Water Division 27,500 GVW truck in- volved in an accident, be awarded to Wights Auto Service, Corpus Christi, on the basis of low bid meeting specifications of $2,693.99. Bids were received from two firms,. c. That contracts be awarded to CIA Machinery, Inc. of San Antonio for one truck mounted crane for the Water Division on the basis of low bid meeting specifications of $10,202 including trade-in and to Trucker's Equipment, Inc, of Corpus Christi for one crane hoist for the Wastewater Services Division on the basis of low bid meeting specifications of $2,339. The apparent low bids of $9,349.25 including trade-in submitted by Utility Equipment Company of Oklahoma City on the truck mounted crane and $1,725.78 submitted by Liftmore, Inc. of Houston for the crane hoist did not meet specifications. Bids were received from seven firms. Price comparisons before trade-in show an increase of 7.4%. d. That a contract be awarded to General Electric Company of Austin, for nine 70 -watt mobile radio units for the Police Department on the basis of the only bid received of $13,320. Price comparison indicates an increase of approximately 155%. It is also recommended that two remote control units, one each for Water and Gas Division, and a base station for Maintenance Services Department be purchased through the North Central Texas Council of Governments. The base station can be purchased for $1,277 and the two remote control units can be purchased for $362 each. General Electric's bid for the two remote control units was $1,093 each. The mobile radio equipment cannot be purchased through the North Central Texas Council of Governments. e. That Trinity Engineering Testing Corporation be retained to provide quality control testing of concrete on the Williams Drive Drainage project. Total estimated cost is $4,557 for structural testing of the 6,600 L.F. reinforced concrete box storm sewer outfall. The fee will be paid at the rate of $600.00 per month after work begins. No appropriation is necessary as funds were included in tie appropriation ordinance authorizing the contract. f. That the contract for the Santa Fe Drainage Improvements (Lorraine Drive Drainage - Minutes Regular Council Meeting February 19, 1975 Page 3 Improvements - 1972 Bond Program) be awarded to Asphalt Paving and Construction Company for $67,458.33 and $72,000 be appropriated to cover the award of the contract plus engineering and related expenses. g. That bids be received Tuesday, March 11, 1975 at 11 a.m, for equipment to begin an experimental program for disposing of digested sludge on 9 acres of land at the Westside Wastewater Treatment Plant, The equipment will be used to plow and discharge sludge into the ground, and improving the chemical quality of the soil. This is a sanitary method of disposing of wet sludge and at the same time improves the property. The equipment includes one diesel - driven motor sludge pump, including hose, and one system for disposal of the digested sludge by subsurface injection. h. That an application be approved to the Department of Transportation for bus replacements and other capital improvements to the transit system. Preliminary application was filed in February, 1973, but due to additional planning requirements, the final application could not be submitted. This amended grant request expands the program to include radios for 35 buses, 15 bus shelters, and improvements to the Six Points bus stop. Capital funds are available from the 1972 Bond Program to cover the City's portion of the grant. The estimated cost is $1,148,196 with the Federal share being $918,557 and the City's $229,639. i. That the Horne Road Unit II Street Improvement Project be accepted as complete, final payment of $36,804.17 of a total cost of $200,376.35 be made to the contractor, Asphalt Paving and Construction Company, and the contractor be granted a 20 -day extension due to delays caused by City utility work. The project was delayed for approximately 90 days in the fall of 1974 for replacement of an unstable sanitary sewer line in Horne Road between Port and Ayers. It is further recommended that Change Order No. 5 for $1,790.80 be approved for in- creases in material costs resulting from delays caused by the sanitary sewer replacement, the final assessment roll be adopted, and an additional appropriation of $271 be authorized. j. That an ordinance be passed prohibiting living aboard a water craft in the Marina and use of any land area of the Marina for a dwelling place such as pitching a tent. The ordinance would also prohibit depositing any pollutant in the waters of the Marina. Transient craft would be permitted to dock at the Marina with persons allowed to stay aboard for not more than 5 consecutive days. An additional stay of 5 consecutive days would be permitted upon application to and approval by the Marina Superinten- dent. Regular slip tenants will also be allowed to stay aboard their craft for not more than 5 Minutes Regular Council Meeting February 19, 1975 Page 4 consecutive days if it is moored in an approved assigned slip. The Marina Board so recommends. k. That the 1975 edition of the National Electrical Code be adopted as the City's electrical code, replacing the 1971 edition which is currently in effect. The Electrical Advisory Board recommends that the present amendment prohibiting nonmetallic sheathed cable in all non-residential buildings be retained in lieu of relying on the new National Electrical Code standards which would allow non-metallic sheathed cable to be used in buildings up to three stories in height. Other new requirements in the Code are that bathroom receptacles in residences have ground fault circuit protection and that at least one outlet be provided in attached garages and outside for residences, (Item "k" considered separately - See separate motion). I. That the plans and specifications for improvements to Flynn -Shea Parkway be approved and bids be received March 12, 1975. The plans propose the construction of a low water concrete lines channel, sloping of the embankment to a 4 to 1 slope, installation of a sprinkler system, seeding of the slopes, construction of a bicycle path the entire length and modification of a number of pipe outfalls so that erosion can be controlled within the ditch. The project was included in the 1972 Bond Election. m. That a public hearing be held on March 12, 1975 on a request to close some right-of-way along Ocean Drive abutting Lots 1, 2, 3 and 4, South Shore Place, located just north of Ocean View Place. The four lots are in the process of being replatted into one lot. Relative to Item "k" that the National Electrical Code be adopted as the City's electrical code, Mayor Pro Tem Aduff stated it is his recommendation that the Council delete two local requirements, Sections 7-5 and 7-9, dealing with commercial buildings which prohibit the use of wiring without metal conduits and require electrical outlets spaced a specific distance apart in all commercial buildings. He stated this is a requirement that only adds cost, penalizes people who can least afford to pay, and there is no need for re -wiring a home when converting to a small office for some uses. Mr. Jim Fairbairn of Fairbairn Electric Company, spoke in opposition to recommenda- tion "k" that the National Electrical Code be adopted as the City's electrical code, replacing Board's the 1971 edition which is currently in effect. He supported the Electrical Advisory /recommenda- tion that the present amendment prohibiting non-metallic sheathed cable in all non-residential buildings be retained in lieu of relying on the new National Electrical Code standards which Minutes Regular Council Meeting February 19, 1975 Page 5 would allow non-metallic sheathed cable to be used in buildings up to three stories in height. He presented a list which was compiled as a result of a telephone survey dated February 12, 1975, of 16 Texas cities, and one Oklahoma City, which now require metallic pipe for commercial buildings. He stated they are definitely opposed to the use of Romex for commercial wiring. Mr, Lynn Tate, Business Manager of the local Electrical Workers Union, and member of the Electrical Advisory Board, made a lengthy statement in defense of the present, local standards pointing out that there are numerous safety reasons why the metal sheathing requirement should not be discarded. He pointed out climatic conditions in Corpus Christi, high humidity and dampness inside of walls. He stated he did not agree with the way in which the staff had handled the recommendations of the Electrical Advisory Board, Mr, Harris Evans, Electrical contractor, spoke in opposition to the City Manager's recommendation, pointing out that small area towns require the metal sheathing in non-residential buildings and he felt Corpus Christi should not have a lower standard. City Manager Townsend explained that the City's requirements are more stringent than those in the National Code and he could not recommend keeping these requirements. He strongly urged the recommended change, stating that rewiring caused great expense for persons seeking to convert homes into small businesses and there had been many complaints about the requirement. Motion by Branch, seconded by Stark and passed, with Acuff and Lozano voting "Nay" that the 1975 edition of the National Electrical Code be adopted (Item "k") along with the recommendation of the Electrical Advisory Board that the present amendment prohibiting non- metallic sheathed cable in all non-residential buildings be retained in lieu of relying on the new National Electrical Code standards which would allow non-metallic sheathed cable to be used in buildings up to three stories. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the City Manager's Reports, Items "a" through "m" (Item "k" considered separately), be accepted and the requests and recommendations be granted, approved and adopted as recommended by the City Manager, with the exception of Item "k" which was revised by motion as shown above, City Manager Townsend presented the pending item of Mrs, Rebecca Zundt's zoning Minutes Regular Council Meeting February 19, 1975 Page 6 request for change from "R -1B" to "B-1" on Lot 3, Block 4, John Jones Addition 41, located on the northwest corner of Hudson and Prescott Streets. He explained that the application was heard by the City Council on October 23, 1974 and denied but in lieu thereof a special permit was approved for a one -room flower shop in her home but restricted to the display of a sign either from the window or side of the building, no external evidence of a business, no modifica- tion in construction, and no additional off-street parking. He stated that the building has been altered by the placement of a door in lieu of a window on the Prescott Street side which provides entrance to the flower shop, and that this modification changes this from a home occupancy use to a commercial use which constitutes pick up and deliveries, traffic, parking and outside advertising. He stated the special permit was granted on certain conditions and a site plan was to be submitted consistent with that action. He noted that the change to business use meant that the house would have to be rewired to meet the metal sheathing requirement discussed earlier in this meeting. He pointed out that this requirement is automatic under the ordinance, Commissioner Ricardo Gonzalez urged the Council to waive the requirement that Mrs. Zundt be required to wire the house, stating she is a widow trying to support her children and that she had not been so advised during the October 23 hearing or when she took out the permit to cut the door, that she would have to rewire the building. Motion by Branch, seconded by Stark and passed unanimously, that the site plan as presented including the modifications of the door, be approved, and an ordinance be brought forward effectuating the special permit, City Manager Townsend presented and discussed ordinances appearing on the agenda. FIRST READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING CHAPTER 9, ARTICLE IV, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY ADDING A NEW SECTION 9-38-A PROHIBITION AGAINST LIVING ABOARD WATER CRAFT, SAID NEW SECTION PRO- HIBITING THE USE OF WATER CRAFT AS A DWELLING IN THE CORPUS CHRISTI MARINA, AS DEFINED HEREIN; AUTHORIZING TRANSIENT CRAFT TO REMAIN IN THE CORPUS CHRISTI MARINA FOR A FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, ALL AS DEFINED HEREIN; AUTHORIZING REGULAR SLIP TENANTS TO REMAIN ON BOARD WATER CRAFT FOR A FIVE (5) DAY PERIOD, PROVIDED CERTAIN RULES AND REGULATIONS ARE FOLLOWED, AS TERMS ARE DEFINED HEREIN; PROHIBITING USE OF PUBLIC PROPERTY ON THE LAND AREAS FOR OVERNIGHT STAYS; PROVIDING FOR PUBLICA- TION; PROVIDING A SEVERANCE; AND PROVIDING A PENALTY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". minutes Regular Council Meeting February 19, 1975 Page 7 SECOND READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON A PORTION OF AIRLINE ROAD, AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. 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, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY REPEALING CERTAIN PROVISIONS, AMENDING CERTAIN PROVISIONS AND ADOPTING AND READOPTING CERTAIN PROVISIONS OF CHAPTER 34,' ENTITLED "STREETS AND SIDEWALKS". 50 AS TO ADOPT A POLICY OF STREET PAVING ASSESSMENTS DESIGNATED AS SECTION 34-21; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH AND SPECIFICALLY REPEALING ORDINANCE NO. 10431, PASSED AND APPROVED ON THE 25TH DAY OF AUGUST, 1971 AND ORDINANCE NO.11004, PASSED ON THE 2ND DAY OF AUGUST, 1972; PROVIDING FOR MAXIMUM INTEREST RATE ON ASSESSMENTS WHICH ARE PAID BY MONTHLY INSTALLMENTS NOT TO EXCEED 5 1/4% AND THE NUMBER OF INSTALLMENTS NOT TO EXCEED 120; ESTABLISHING A MAXIMUM RATE TO BE PAID FOR SIDEWALK IMPROVEMENTS USED OR DESIGNATED TO BE USED FOR RESIDENTIAL PURPOSES; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12482 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR A YOUTH CONSERVATION CORPS PROGRAM TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM IF AND WHEN THE GRANT IS APPROVED, A COPY OF THE GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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. 12483 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE SANTA FE DRAINAGE IMPROVEMENTS (LORRAINE DRIVE DRAINAGE IMPROVEMENTS - 1972 BOND PROGRAM); APPROPRIATING $72,000 OUT OF THE NO. 295 STORM SEWER BOND FUND, OF WHICH $67,458.33 IS FOR THE CONSTRUCTION CONTRACT AND $4,541.67 IS FOR RELATED AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 295-72-8; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 19, 1975 Page 8 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. 12484 AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANS- PORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, DESIGNATING THE CITY MANAGER, R. MARVIN TOWNSEND, OR HIS SUCCESSOR, AS THE AUTHORIZED REPRESENTATIVE, AUTHORIZING HIM TO SIGN SAID GRANT APPLICATIONS, THE ACCEPTANCE OF THE GRANTS WHEN MADE, AND ANY OTHER NECESSARY DOCUMENTS REQUIRED TO COMPLETE THE PROJECTS; 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. 12485 AMENDING ORDINANCE NO. 12082, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 22, 1974, PERTAINING TO THE FOLLOWING NAMED STREET: HORNE ROAD UNIT II, McARTHUR TO NAPLES, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY SET FORTH HEREINAFTER; AMENDING ORDINANCE NO. 12092, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 29, 1974, PERTAINING TO THE FOLLOWING NAMED STREETS: HORNE ROAD FROM NAPLES TO RAMSEY, AS ABUTS LOT 1, BLOCK 12, ARCADIA VILLAGE AND LOT 3, MODERN HOME ANNEX; AND RAMSEY STREET FROM HORNE ROAD TO HOUSTON STREET, AS ABUTS LOT 3, MODERN HOME ANNEX, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY SET FORTH HEREINAFTER; 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. 12486 AMENDING THE CITY BUDGET; APPROPRIATING $271 OUT OF THE NO. 220 STREET BOND FUND TO SUPPLEMENT PREVIOUS APPROPRIATIONS BY ORDINANCE NO, 12072, FOR THE CONSTRUCTION CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF HORNE ROAD UNIT II, SARITA TO NAPLES, PROJECT NO. 220-70-111; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting February 19, 1975 Page 9 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". City Secretary Read stated that according to his tabulation all ordinances voted upon had passed unanimously. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Tony Bonilla, attorney, appeared on behalf of various Neighborhood Councils concerning the use and expenditure of Community Development funds under the Community Development Act of 1974. He stated that many citizens in the communities which are to benefit by these funds are concerned that they had not been advised until after the hearings in the neighborhoods that loans and grants would not be available for them to realize their first priority which was housing rehabilitation, because of restrictions in the State constitution. He stated these people have had no further communications from the staff or additional hearings to determine what their second priority would be and because of this, they have forwarded a letter to the Housing and Urban Development office concerning the projected budget of these funds. He questioned the expenditure of these funds on improvements which should have been taken care of with capital improvement bond funds. He stated it is his understanding that the City of Sinton has contracted with Urban Renewal and cleared with HUD for loans and grants for housing re- habilitation, and questioned why Corpus Christi cannot make the same application. He stated if this money is not available to this City, these people would like to know what other avenues have been explored to make these funds available. City Manager Townsend explained that the City of Corpus Christi does not operate under the Urban Renewal law which has been defeated twice in general elections. As to what other avenues have been explored, Mayor Pro Tem Acuff stated that he had heard discussions by Carlos Truan, Ben McDonald and the Texas Municipal League representa- tives, and it was the general consensus that if this particular type of activity could be declared public purpose, our position would be the same as under the Urban Renewal authority. Mrs. Arthur Ellis, thanked the Council and pledged cooperation of the residents on Minutes, Regular Council Meeting February 19, 1975 Page 10 the west side of town for plans to locate a branch library in their area. She also pointed out a number of overdue water and gas bills of individuals and firms, some as much as 90 days over due, and urged that the City use the same policy of disconnecting services for non-payment as all other residents in the City. Mrs. Agnes Horn complained that she had attempted to obtain a lawyer to represent her son in Municipal Court and had been advised that he would be represented by a City Attorney. She explained that her son was injured and the other party found not guilty. She questioned how her son could have been properly represented when there were no witnesses called and no prior discussions with him by the attorney, City Manager Townsend explained that the burden is on the party filing the charges, be but the case woulcj/investigated and a report made. There being no further business to come before the Council, motion by Acuff, seconded by Stark and passed, that the meeting be adjourned at 4:05 p.m. February 19, 1975.