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HomeMy WebLinkAboutMinutes City Council - 04/23/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL. MEETING April 23, 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 Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Acuff called the meeting to order in the temporary absence of Mayor Luby in the Councilhamber of the City Hall. The Invocation was given by Commissioner Gabe Lozano, Sr. City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby proclaimed April 20 through April 26, 1975 as REALTOR WEEK; and April 24 thru May 4,1974 as BUCCANEER DAYS CELEBRATION in the City of Corpus Christi. Mr. W. E. Whitworth, Manager of Central Power & Light Company reported that the average delivered cost of fuel to the Company during the month of April, 1975 was 1.2326 ($1.23) per MMBTU. He explained that this represented an increase of 6G over last month. - Assistant City Manager Archie Walker reported that purchased gas rates from LoVaca Gathering Company have increased from approximately .289 per MCF to 1.261 per MCF /from January 1974 through May 1975. He illustrated from a chart the comparison of the City's natural gas fuel adjustment rates since 1974 and explained that since April 1974, the cost has included a monthly surcharge which makes adjustments an. accounting for differences between estimated consumption and actual consumption. City Manager Townsend explained that the surcharge bookkeeping change • by LoVaca authorized by the Texas Railroad Commission at the request of Central Power & Light Company makes the City's rate higher than usual. He explained that the change bases the surcharge on the actual use two months prior rather than on estimates of present use, and since the City's gas consumption was higher due to colder weather, the surcharge is higher. He stated this is an advantage to the power companies who have higher use levels now than in winter due to air conditioning. He pointed out that if this same policy is in effect next winter, it will balance out because the City's gas sales in the winter will be higher. He explained that the City has filed briefs to the Railroad Commission to appeal this policy but these have accumlated with other things the City has filed. (Mayor Luby arrived at the meeting at this time) Minutes Regular Council Meeting April 23, 1975 Page 2 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 a Change Order be issued to the McGee Beach Sandfill Improvements project contract with Leopard Construction Company to allow for an increase in the quantity of sand from 4,000 cubic yards to 4,525 cubic yards at no additional cost to the City. The sand will be acquired from a closer source along the Nueces River and will be slightly finer than the sand originally specified but coarser than the sand on the beach at this time. This represents a reduction in cost per cubic yard of $8.19 to $7.24. b. That the primary term of the mineral lease granted to Peter Salpeter Energy Company, Inc. on January 29, 1975 on a City -owned 65.5 acre tract bordering Lake Corpus Christi be extended for a 90 -day period. The lease expires on April 29 if drilling operations are not underway at that time. The extension is needed because the lessee must obtain an exception to a Railroad Commission requirement that a well not be drilled within 467' from the lease line. Even though there should be no problem obtaining an exception, it cannot be obtained by April 29. It is further understood that no further extensions will be sought or granted. c. (Re amending the Garbage, Trash and Waste Ordinance, to prohibit the placing of garbage in front yards except on day of collection - withdrawn) d. That the City Attorney be authorized to approve a judgment resolving the two pending lawsuits regarding the property taxes for the Padre Staples Mall. The judgment has received the informal approval both of Corpus Christi Independent School District Board of Trustees and the Board of Regents of Del Mar College. The 100% market value for January 1, 1973 by the judgment would be $8,335,079 compared to $9,385,077 approved by the Board of Equalization. The 100% market value for January 1, 197 -would become $9,303,500 compared to the $10,073,663 tentatively set by the Board of Equalization but kept from the tax roll by court order. The 1972 100% market value was $8,143,153. The reduction in taxes for the City for 1973 is $9,954 and for 1974 is $7,301. The total sum to be paid by the Mall for the two years for all three agencies is $377,817. Recommendation "c" regarding an amendment to the Garbage, Trash and Waste Ordinance, was discussed and it was generally agreed by the Council that the ordinance which would prohibit the placing of garbage out by the streets or in the front yard on Minutes Regular Council Meeting April 23, 1975 Page 3 days other than scheduled collection days, would be unenforceable and not in the best interest of the public. City Manager Townsend explained that the publicity on this item had been misleading and the proposed amendment was an attempt to clarify the existing ordinance to provide a better means of prosecuting serious violators who habitually place their garbage cans out two or three days before collection day. He explained that there are no specific laws on when garbage receptacles can be placed next to the street but there are definite laws against littering. He stated he would withdraw this item and the related ordinance for consideration at a later date. Relative to the recommendation that the City Attorney be authorized to approve a judgment resolving two pending law suits regarding the property taxes for the Padre Staples Mall, Commissioners Ricardo Gonzalez, Branch and Tom Gonzales, expressed opposition on the basis that it would be opening the door for other shopping centers to seek similar relief, and on the basis that the Board of Equalization's figures were based on good appraisals. It was pointed out that Parkdale Shopping Center has paid their taxes under protest. Motion by Acuff, seconded by Lozano and passed, with Commissioners Branch, Tom Gonzales and Ricardo Gonzalez, voting "Nay" on Item "d", that the City Manager's Reports, Items "a" through "d" be accepted (Item "c" withdrawn), and the,requests and recommendations be granted, approved and adopted as presented by City Manager Townsend. City Manager Townsend presented and discussed the following ordinances for the Council's consideration. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-70A, SUBSECTIONS (a) AND (b) SO AS TO PERMIT SPEED LIMITS TO BE SET IN CONSTRUCTION ZONES ACCORDING TO SAFE DRIVING CONDITIONS, AS DETERMINED BY THE DIRECTOR OF TRAFFIC ENGINEERING, BY PROVIDING THAT WHERE SPEED LIMITS ARE GREATER THAN THIRTY MILES PER HOUR THAT THE SPEED MAY BE REDUCED IN INCREMENTS OF FIVE MILES PER HOUR DOWN TO THIRTY MILES PER HOUR, AND WHERE SPEED LIMITS ARE LESS THAN THIRTY MILES PER HOUR THAT THE SPEED MAY BE REDUCED DOWN TO FIFTEEN MILES PER HOUR IN INCREMENTS OF FIVE MILES PER HOUR; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time time and passed to its second reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12604 THIRD READING OF AN ORDINANCE ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1973 EDITION, AND THE 1974 REVISION THERETO, AS THE BUILDING CODE OF THE CITY OF'CORPUS CHRISTI; WITH CERTAIN CHANGES AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; ESTABLISHING CERTAIN FEES; REPEALING CONFLICTING PORTIONS OF CHAPTER 3, 11, AND 15 OF THE CORPUS CHRISTI CITY CODE, 1948, AS AMENDED; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE. Minutes Regular Council Meeting April 23, 1975 Page 4 The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Gabe Lozano and Stark, present and voting "Aye". The status of the City's position regarding the financial situation of the MH -MR was discussed and particularly the extent of the City's responsibility to pay the deficit. Commissioner Stark stated he was already on record opposing anything over $50,000 and expressed concern that the deficit seems to be growing from momth to month and a line should be drawn somewhere. Mayor Pro Tem Acuff expressed the opinion that this Council should take a stand and try to resolve what can be resolved and not pass it on to another Council. City Manager Townsend stated that he would arrange for a joint meeting with the County following the MH -MR Board Meeting this week, and that a summary of the budget would be furnishedbefore the meeting including a figure of the percentage of their collections. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Nat Seago, 4122 Western, complained about the lack of street lights in the Western Hills Subdivision No. 2. He stated he was aware that there is not sufficient development to meet the City's requirement for City installation of street lights, but there are twelve residences now and six more under construction which are "like sitting ducks" for vandals and other nuisances. He stated that four lights would be sufficient at the present time, and pointed out on a map appropriate locations of these lights. City Manager asked Traffic Engineer Tom Stewart to check into the matter and report later in the meeting. In compliance with a previous Council request, Mr. Roger Moreno of the accounting firm of Arturo Vasquez & Co., the City's auditor, explained a recommenda- tion in the firm's letter dated April 8, 1975, whereby it was recommended that formal written procedures be implemented to insure that "no such violations can occur in the future." He pointed out that the letter from the firm to the Council had said there had been no violations of Internal Revenue Service arbitrage regulations, which prevent selling low-interest municipal bonds for the purpose of investing the money at higher interest. Mr. Moreno explained that the recommendation in the letter meant only that some formal action by the Council should be taken to recognize and adopt the federal regulations and not that there had been any previous violations. - Minutes Regular Council Meeting April 23, 1975 Page 5 Motion by Ricardo Gonzalez, seconded by Branch and passed, that the Council go on record as formally recognizing and adopting the federal arbitrage laws as the City's policy. Mayor Luby suggested that the Council go on record in opposition to a bill now pending in the Texas Legislature which would impose a tax on oil refineries. Commissioner Stark commented that passage could prevent expansion and building of refineries in Texas and place them at a competitive disadvantage with refineries in other states. Motion by Stark, seconded by Lozano and passed, that the staff prepare a resolution opposing any tax on Texas oil refinery products, and that a telegram be sent with the resolution in support of the stand taken by the Corpus Christi Chamber of Commerce. A resident of Guadalupe Street complained that his and two other short streets had been omitted from the Washington -Carver Street Improvement, those streets being Guadalupe, Nogales and Elgin. He inquired as to how they could be included in this project, commenting that it would appear to be cheaper to do them all at one time. City Manager Townsend explained that the petitions submitted on these streets had been received after the petitions on the other streets; that there is a very large project left which will equal the current one amounting to something over $900,000; and the project is being designed in such a manner so as not to interfer with the utility lines and new street construction. Mrs. Gladys Sales, 3102 Washington Street, stated she personally knew of two petitions that were submitted before 1972. She stated she had waited 35 years for her street to be improved and wondered if she must wait that much longer. Mr. John Scott, chairman of Tract 16 Neighborhood Council, expressed his appreciation for the consideration given by this Council and the staff in making it possible to move the building onto City property to be used for a neighborhood center. Traffic Engineer Tom Stewart reported that the percentage for completion of development of Western Hills No. 2 is not 50 percent at this time. It was the general consensus of the Council that the lights requested earlier in the meeting by Mr. Seago for Western Hills No. 2 are needed and if necessary the policy should be changed. Motion by Acuff, seconded by Branch and passed, that the percentage for comple- tion of development of Western Hills Subdivision No. 2 is sufficient to move forward with lighting. Minutes Regular Council Meeting April 23, 1975 Page 6 There being no further business to come before the Council, motion by Branch, seconded by Acuff and passed, that the meeting be adjourned at 4:10 p.m. April, 1975.