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HomeMy WebLinkAboutMinutes City Council - 04/30/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING April 30, 1975 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch City Manager R. Marvin Townsend Thomas V. Gonzales Acting City Attorney Michael May Ricardo Gonzalez City Secretary Bill G. Read Gabe Lozano, Sr. Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Hudson Biggio, pastor of the First Christian Church. City Secretary Bill G. Read called the roll of those in attendance. (Com- missioner Stark's absence was excused for just cause.) Motion by Branch, seconded by Acuff and passed, that the Minutes of the Regular and Special Meetings of March 26,1975; Regular and Special Meetings of April 2, 1975; Regular Meeting of April 9, 1975, and Regular Meeting of April 16, 1975, be approved as,submitted to the Council. Mayor Luby announced the issuance of proclamations relative to the follow- ing: SENIOR CITIZEN MONTH, May, 1975; CINCO DE MAYO DAY, May 5, 1975: RESPECT FOR LAW WEEK, May 1 through May 7, 1975; FAMILY UNITY MONTH, May, 1975; MENTAL HEALTH MONTH, May, 1975; AND LAW DAY, May 1, 1975. Mayor Luby presented 30 -year service pins to the following City employees: Juan A. Esquivel, Maintenance Foreman, Park Department (30 years service); Hilario C. Rcdriguez, Caretaker, Park Department (38 years broken service); Jesus R. Suarez, Firefighter, Fire Department (30 years service); B. A. Turner, First Assistant Fire Chief (30 years Service); and Sylvan M. Ward, Sergeant, Police -Department (30 years service) . Mayor Luby announced the scheduled public hearing on the City's applications to the Urban Transportation Administration for $369,332 of operating assistance for 1974-75 and for $1,158,170 for capital assistance for bus replacement and other bus system improvements. City Manager Townsend explained that a public hearing is required before applications can be processed by the Urban Mass Transportation Administration (UMTA); that this hearing is to afford an opportunity for interested persons or agencies to be heard with respect to the social, economic, and environmental aspects of the projects; interested persons may submit orally or in writing evidence or recommenda- tions with respect to various projects; copies of the applications for the proposed Minutes Regular Council Meeting April 30, 1975 Page 2 projects, together with an environmental analysis of the transit development plan for the area are currently available for public inspection at City Hall, and a transcript of this hearing is being made by a court reporter in compliance with the requirements of the Urban Mass Transportation Administration. He commended Director of Public Utilities Robert Schneider, and Assistant Director of Public Utilities Douglas Matthews for putting together two excellent applications for presentation to UMTA. Mr. Matthews presented the two applications with project costs summaries and descriptions, Section 3, Capital Grant Application, and Section 5, Operating Assistance Grant Application. He explained that Section 3 application is for a number of items of equipment, including 15 new 45 -passenger air-conditioned transit diesel buses; 15 registering fare meters; 35 two-way radios, including installation, frequency check and antenna placement; one new automatic bus washer; 15 bus shelters; 4 mini -vans; 2 vans equipped for handicapped persons; for a total proposed budget of $1,190,970. He explained that the grant request is 80% of the total budget and local funds are 20% of the total budget, the grant request being $952,776 and local funds being $238,194.00. He explained that the maximum size of buses are considered for purchase but smaller buses may be purchased if it is determined they will better meet the needs of the community, and the approved grant amounts may be decreased but cannot be increased. He explained that the local share of the proposed budget of $238,194.00 will be derived from tax bonds. The $250,000 is available from bonds voted in December, 1972 and identified as Project No. 218-72-1 in the Transit Bond Fund. Mayor Luby invited those in the audience who were interested to comment. No one appeared. Budget Director Mark Gresham discussed the project description of Section 5, Operating Assistance Grant Application. He explained that the 1974 amendment to UMTA Act provides grants for operational assistance to Transit Systems; that it is not the intent of this Act to replace the City's past subsidy of its Transit System; that the law requires a maintenance of effort of local funds equal to the average of the prior two fiscal years; and it is the intent of the law to share the losses of the Transit System with the local ®overnment. He explained that if the grant is approved as submitted, the City's revenues for the current 1974-75 budget year will be as follows: passengers ($370,000),charters($199,500), contracts($4,400), advertising ($6,000), outside maintenance - City ($6,500), outside sale of fuel - City ($203,000), others ($2,500), sale of property (-0_), recovery of prior years' expenditures (-0-), Transfer from General Fund ($124,306), miscellaneous revenue ($2,100), and UMTA Minutes Regular Council Meeting April 30, 1975 Page 3 Grant ($369,332) for a total budget of $1,288,038. He stated the Transit System is currently being financed in part by a working capital loan from the General Fund in the amount of $369,332 and in part by an expected transfer from revenue sharing in the amount of approximately $124,000; that when the grant application is approved, it will be necessary to replace the proposed revenue sharing contribution with an equal contribution from the General Fund Reserve in that the City provide its share of local matching funds, and in order to provide maintenance of effort required by law. • City Manager Townsend stated that it is anticipated that an additional grant application will be submitted by June 1, 1975 for operational assistance for the 1975-76 budget year, the amount of operational assistance for that period to be determined by the Transit budget presently under review for next year. He pointed Out that these applications have been previously authorized and are commended to the Council for re -approval. No one in the audience appeared to speak for or against the applications. Motion by Acuff, seconded by Ricardo and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the City's applica- tions to the Urban Transportation Administration for $369,332 of operating assistance for'1974-75 and for $1,138,170 for capital assistance for bus replacement and other bus system improvements, be approved. Mayor Luby called for the City Manager's Reports, Townsend presented and discussed the following requests and a. That bids be received at 11:00 a.m., Tuesday, storage bins for van -type vehicles for the Gas Division. b. That bids be received at 11:00 a.m., Tuesday, and City Manager recommendations: May 20, 1975 for 5 tool May 27, 1975 for 10 replacement and 1 additional piece of budgeted heavy equipment for various City operations, including one motor grader, two 2-1/2 cu. yd. tractor shovels, a diesel self-propelled street sweeper, two 50 h.p. tractors with loader and backhoe and one with loader, two hydraulic brush loaders, two trenching machines, a self-propelled vibrating patching roller and an equipment trailer. c. That Mayfield Drive-Starlite Lane Area Storm Sewer project be accepted and final payment of $7,825.82 be made to Asphalt Paving & Construction Company for a total of $78,258.20. The contract overrun of $2,794.00 is due to pipe size changes Minutes Regular Council Meeting April 30, 1975 Page 4 and minor extensions to accommodate future pavement grads and additional pavement replacement required in Mayfield Drive because of existing utilities. This 1972 Bond Project included a storm sewer in Mayfield Drive from Starlite Lane toward Violet Road and in Starlite from Mayfield toward Highway 9. d. That the Platting Ordinance be amended under Section IV, Design Standards, as follows: (1) Subsection A, Streets, Paragraph 13, by adding the following exception: "If such areas is being developed under the Large Tract Division, the length of the dead-end street may be extended to 600 feet." (2) Subsection G, Large Tract Division, to also allow the development of one -acre or more lots the same reduction in design standards as the two and one-half acre lots when such area is located within any zoned "RE" district provided the following additional requirements are met: (a) The deed restrictions that are required to be submitted and filed include a statement as to what Noise Exposure Forcast the area falls within as prepared by TRACOR, Inc. for International and the Navy Landing Fields, and also that the deed restrictions further include the provision that such lots shall not be replatted unless the entire subdivision is replatted and the improvements required by the platting ordinance including curbs, gutters, side- walks, drainage and sanitary sewers are provided for the entire subdivision. In any event cost of any future improvement shall be assumed by the owners within such subdivision and shall in no way be assumed by the City of Corpus Christi. (b) That open drainage ditches shall be permitted provided the design capacity requirements do not require a drainage ditch depth greater than one (1) foot below the edge of the adjacent pavement or no greater than one foot (1') below finished ground level where ditches are not within street right of way. e. That authority be granted to submit a minor modification to the Department of Labor amending the City of Corpus Christi's Title VI program to include 16 positions to be funded on a four-month basis from May 1 through August 31. The positions will be used to coordinate and supplement a summer recreation support program staff at a cost of approximately $36,602. The program and positions were approved by the Coastal Bend Manpower Executive Board on April 24. f. That authority be granted to submit a minor modification to the Department of Labor amending the City of Corpus Christi's Title II program to incorporate a special four-week summer recreation employment program for approxi- mately 140 disadvantaged youth between the ages of 18-22. The program will extend from June 1 through June 30 and be funded with present Title II allocations. It is planned that the program will be phased in with the proposed Corpus Christi, Indepen- dent School District Summer Youth Title I program July 1 and extend through August 15 —flutes Regular Council Meeting April 30, 1975 Page 5 for a total summer recreation employment program duration of eleven weeks. Motion by Ricardo Gonzalez, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "f", be accepted and the requests and recom- mendations be granted, approved and adopted as presented by City Manager Townsend. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that Commis- sioners Branch and Lozano be appointed to represent the City at the Community Conference on School Integration May 8, sponsored by the Coastal Bend Association for Mental Health, to be held at Driscoll Foundation Children's Hospital Auditorium. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that the discussion item of the pending request by the CATV franchise holder to be allowed to transmit the local stations off -channel. City Manager Townsend presented and discussed ordinances appearing on the agenda for the Council's consideration. He reported that the action of the Council as approved in Item "d" of the City Manager's Reports amending the Platting Ordinance, had been incorporated into the ordinance before its first reading. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, THE PLATTING ORDINANCE AS AMENDED FROM TIME TO TIME, BY AMENDING SECTION IV, DESIGN STANDARDS, BY DELETING THE PRESENT PARAGRAPH G, AND IN LIEU THEREOF, ADDING A NEW PARAGRAPH G, LARGE TRACT DIVISION, SO AS TO ALLOW THE DEVELOPMENT OF ONE -ACRE OR MORE LOTS IN THE "RE" ZONING DISTRICT WITHOUT CURBS, GUTTERS AND SIDEWALKS, AND MODIFYING OTHER SUBDIVISION DEVELOPMENT STANDARDS THEREFOR; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. 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. ORDINANCE NO. 12605 THIRD 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 third time and passed finally by the following vete: Luby, Acuff, Hranab, Tbmwttn t7nnr.aloo, Rlcatda nimkalek and Lozano, prevent and voting "Aye"; Stark absent. City Secretary Read stated that according to his tabulation, all ordinances voted upon had been approved as predented and votes as indicated. City Manager Townsend provided the Council with Mr. H.H. McCool's letter of resignation from the Mental Health -Mental Retardation Board, and reported that Minutes Regular Council Meeting April 30, 1975 Page 6 Mr. Bobbie Lee Perry had been elected chairman to replace Mr. McCool. He stated that Mr. Perry had assured the City they were attacking the task of getting things in order for continued operation of the Center. Commissioner Ricardo Gonzalez inquired as to why the City Manager should not be required to submit a pro forma resignation as City Manager every two years as is practiced in other Cities. He emphasized that he was not asking the City Manager to resign but only wanted to get Mr. Townsend's comments. He pointed out that the is City Manager of Dallas routinely submits his resignation and his position(reviewed by every new council, and this seems to be a new trend throughout all major cities. Mayor Luby stated Mr. Gonzalez' inquiry regarding the City Manager resigning is "political in nature" and inappropriate to be brought up at this time. Mr. Townsend commented that under the local system his position is subject to action of the then Council at all times, and at any time the majority of the Council members feels his services should be terminated, he will leave. He stated he did not feel he should resign unless he intends to leave. He explained that the City of Dallas has an employment contract with the City Manager which presents an entirely different situation. It was generally agreed by the Council that any consideration of the City Manager's position should be a subject for the next Council and not immediately before an election, and furthermore, should be discussed in a closed meeting., With reference to the discussion item posted as an emergency prior to the meetiig, Mayor Luby presented the Council with a memorandum dated April 20,4 -')which he requested the Council approve to enable an early start on the Choke Canyon Dam and Reservoir in Live Oak County. He stated that on April 16 he had reported to the Council the conversation held between himself and Mr. Harry Burleigh of the Texas Water Development Board and the possibility of obtaining an early start of construction of the dam project and no action was taken presumably because further information was desired. He stated that since that time, Mr. Burleigh had visited the office of the Bureau of Reclamation in Washington, D.C. and a complete under- standing was arrived at in regard to the project. The memorandum provided the Council at this time sets out the present status and the required further action. He stated Mr. Burleigh is in agreement with everything in this memorandum (Council Exhibit #1-75) City Manager Townsend explained that no emergency congressional action is needed for an agreement between the U.S. Bureau of Reclamation, Texas Water Minutes Regular Council Meeting April 30, 1975 Page 7 Development Board, Nueces River Authority and the City of Corpus Christi. He explained that legislation authorizing the Nueces River Authority to sell revenue bonds may be on the list of local and uncontested bills to be submitted to the House later this week, but he is fearful someone might try to amend the bill on the floor of the House. Mr. Townsend questioned the ,teference in the statement released by the Mayor pledging all water revenues of the City to retiring the Choke Canyon Bonds, commenting that'this could cause problems regarding other City bonds. Mayor Luby commented that his pushing of the Water Development Board's offer would build the dam sooner and save money; that he had been in favor of building the dam without frills such as recreation facilities in order to speed things up but fortunately the whole package is available. Motion by Acuff, seconded by Lozano and passed, that the Council re - endorse the previous letter of understanding between this City Council and the Nueces River Authority and to urge the NRA to promptly submit preliminary financing applications to the Texas Water Development Board. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Attorney Ed P. Williams expressed appreciation for the dedicated services this Council has rendered during their tenure of office the past two years. He stated he felt each and every Councilman had made a solemn contribution to this community. With reference to the coming election for a new mayor and council, Mr. Williams stated he felt anyone seated at this Council Table is qualified to be mayor but unfortunately all cannot be elected. He stated he felt Mayor Pro Tem Acuff is an intelligent man. Mr. Harvey Olander, 1345 Annapolis, complained that as a result of the City's enlargement of a ditch, his property had been left three feet lower causing a drainage problem. He also complained that his fence had been torn down and posts and other materials had been left on his property. He requested that the City repair his fence and remove the debris. Director of Engineering & Physical Development James Lontos stated he thought the fence had been repaired and the trash removed. Regarding the level of the grading, Mr. Lontos explained that some of the property owners would not allow any grading. He stated he would work with the Street Department and Mr. Olander to correct the problem. There being no further business to come before the Council, motion by Acuff, seconded by Lozano and passed, that the meeting be adjourned at 4:10 p.m., April 30, 1975. Minutes Regular Council Meeting April 30, 1975 Page 8 I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the fore- going minutes, same being for the period of April 2, 1975 to April 30, 1975, inclusive, and having been previously approved by Council action, are by.me' hereby approved. JASOW'LU8Y, Mayor City of Corpus Christi, Texas