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