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HomeMy WebLinkAboutMinutes City Council - 01/07/1976V MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 7, 1976 2:00 P.M. PRESENT: Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Dr. Vernon Elmore, Pastor of the First Baptist Church. City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Sample and passed, that the absence of Mayor Luby be excused. Commissioner Lozano read a memorandum from Mayor Luby stating he was attending an out of town funeral of a close friend. Motion by de Ases, seconded by Sample and passed, that the Minutes of the Regular Meeting of December 17, 1975 at 2:00 p.m.; and of the Special Meeting of December 17, 1975, at 3:30 p.m., be approved as submitted to the Council. Mayor Pro Tem Tipton 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 hearing be held at 3:30 p.m., January 14, 1975 on the plat appeal of Mr. Carl Duaine of the decision of the Planning Commission requiring a 60' roadway in the replat of approximately 2.76 acres in Cabaniss Acres #2, located west of Ayers Street between Saratoga and Frederick Drive. b. That bids be received at 11100 a.m., Tuesday, January 27, 1976 for the following budgeted items: (1) Four months supply (February -May, 1976) of truck and automotive repair and maintenance parts for the Service Center, Transit garage and Fire Department garage. On October 1, 1975, a like four month contract through January was awarded. It is not recommended that bids be; taken for longer than 4 months because firm prices cannot be anticipated for a longer period. (2) A file inspection and cleaning machine for La Retama Library to maintain an approximately 400 16 mm. film collection. The films are presently maintained by hand and circulation is such that adequate maintenance cannot be provided by hand. This equipment is included in a State Library grant approved by the City Council on September 24, 1975. c. That a five-year lease agreement be approved with Mr. L. M. Bishop, Corpus Christi for food concession and related beach equipment rights at McGee Minutes Regular Council Meeting January 7, 1976 Page 2 Beach on the basis of the highest bid received of 15'x% of gross sales Bids were received from 2 concessionaires. (Bid Tab 1193-76) d. That a 2 -bedroom frame house at 226 Aviation be sold to Mr. James Nielsen of Corpus Christi for $565.00, and removal from the site on the basis of highest bid. The property was acquired as part of the Naval Air Station safety zone land acquisition project. Three bids were received. (Bid Tab #76-74) e. That the General Fund be reimbursed $41,979.67 for engineering services for various Bond Fund projects during October and $19,996.95 be appropriated to supplement $21,982.72 in existing appropriations. This includes $24,859 for 11 street projects, $3,570 for 5 sanitary sewer projects, $8,009 for 7 storm sewer projects, and $5,542 for 5 other projects. f. That $88,743.78 be appropriated out of the Water System Unappropriated Fund Balance for the Choke Canyon Reservoir Fund. This additional amount resulted from final calculations and interest earnings from the reserve of the water system's old debt. This amount is in addition to the $2,997,355 previously appropriated and the future interest earnings designated by resolution to be placed in the fund. g. That the lease agreement with the Seamen's Center for use of approxi- mately 3,166 square feet of the Park and Recreation Building at 1202 North Water Street be renewed for two years. The previous Council approved a 1 -year lease on December 26, 1974. The Center registered 2,655 seamen from December, 1974 through August, 1975 from 59 different countries. The Park and Recreation Board so recommends. The lease has a 60 -day cancellation clause should the space be needed for municipal purposes. h. That the Fair Housing Ordinance be revised by adding provisions to prohibit discrimination based on sex. This will make the Fair Housing Ordinance consistent with the Federal Fair Housing Act which prohibits discrimination based • on race, color, religion, national origin or sex. The Human Relations Commission so recommends. i. That water rates in the area formerly served by the Nueces County Fresh Water Supply District #1 (Clarkwood) revert on the next billing date to the regular published rates with the exception that rates for residential users in the area, but outside the City continue at the inside City rate until August 1976, when the original five-year contract would have expired if the District had not been dissolved by legislative action. j. That contracts be executed with Eastern, Braniff, 'and Texas Minutes Regular Council Meeting January 7, 1976 Page 3 International Airlines covering the rental of space at International Airport and the use of the airport for a five-year period beginning August 8, 1975. Terminal space rents are increased from $6.00 to $8.00 per square foot per year for ticket counter area, from $5.50 to $7.45 for air conditioned office space, from $4.50 to $6.05 for non -air conditioned space, and from $1.30 to $1.91 for baggage claim area. Adjustments for cost of living increases will be made annually. Landing fees are increased 77% from 13C to 23 per 1,000 pounds of gross landing weight. Provisions are made to annually adjust landing fees based on estimated operating costs and number of enplaning passengers. k. That bids be received on January 15, 1976 for an agricultural lease of 160 acres of land described as Tract C at the International Airport. The present lease expires August 15, 1977. Lessee is no longer able to farm due to ill health and must retire. This lease will cover 2 growing seasons to expire August 15, 1977 at the same time as all other farming leases at the Airport. More than one person has expressed an interest in leasing the land. The Airport Advisory Board recommended assignment of the lease to one of the interested parties. 1. That the Robert L. Moore Community Center request for waiving of the assessments on Sabinas Street and rhe paving of the parking area, be denied. Mr. Charles Bolden, Chairman of the Grounds Committee of the Robert L. Moore Community Center, spoke relative to the City Manager's recommendation that the Center's request for waiving the assessments for street improvements on Sabinas Street, and paving of the parking area, be denied. He reviewed the background of the request, explaining that following a discussion with the City Manager the matter had been left to the discretion of the Legal Department to make some type of agreement to make the requested exception for the assessments and to work out some arrangement whereby the parking lot could be improved for public use. He stated they thought this had been done, but a few weeks ago they learned the City Attorney, with whom they had talked, was no longer with the City, and the Legal Department is now saying this should not be done. He stated he did not understand why waiving the assessments would set a precedent. He explained that the Center has been in existence since 1947 and has had a constant flow of family services of integrated groups; has served every community need; has been self sufficient and has not used federal or city funds; has depended on its friends up to now for financial support, felt but / this was too much to ask of them. He told the Council they had decided they had decided they would offer to donate to the City the parking area to be shared by Ai nutes Regular Council Meeting January 7, 1976 Page 4 the Center and the public in return for the improvements by the City. Mayor Pro Tem Tipton stressed that it had been the concensus o'f this Council that this would be setting a precedent; others would be making similar requests, and future Councils would have to address themselves to the action. Commissioner de Ases suggested that some member of the staff be directed to meet with representatives of the Robert L. Moore Center and try towork out some terms that would be as easy as possible for them to meet the payment of the assessments. He commended the Center for its services to the community, but expressed concern that other requests would be received by groups who feel they are unique also. City Manager Townsend explained that it is possible for representatives of the Center to negotiate a change order with the contractor on the job for the improvements to the parking area, but that the staff strongly recommends against the proposed head -in parking. Mr. Dick Bradley, Sr., member of the Board of Directors of the Robert L. Moore Center, commended the work of the Center, and stated the parking improvements are badly needed; that they need help on the assessments and felt the City should make the concession and find the money somewhere. Mr. Bert Haas, 323 Montclair, spoke regarding the recommendation that the lease with the Seamen's Center be renewed with a 60 -day cancellation clause should the space be needed for municipal purposes. He told the Council that considerable improvements have been made in the Center and felt they should have a more definite term of the lease, that possibly the wording should be changed. He explained that the Center is doing a wonderful work, all the work has been on a volunteer basis, and very little money has been raised from merchants. He stated they hope to have their own building in the near future. City Manager Townsend explained that he sees no deficiency in the language since the City would have to give notice in writing 60 days prior to cancellation. It was agreed by the Council that the Center is serving a good purpose to the community and would be given every consideration to continue. Motion by Lozano, seconded by Gill and passed, that the City Manager's Reports be accepted, and Items "a" through "1" be granted, approved and adopted as presented by City Manager Townsend. Commissioner Gulley abstained on Item "c". ,Minutes Regular Council Meeting January 7, 1976 Page 5 City Manager Townsend presented for the Council's consideration ordinances with related comments and explanations, as follows: FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH L. M. BISHOP FORA TERM OF FIVE YEARS CONCERNING CONCESSION RIGHTS AT MCGEE BEACH, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley abstaining; Mayor Luby absent. FIRST READING OF AN ORDINANCE AUTHORIZING A TWO-YEAR LEASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye'; Mayor Luby absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTER- NATIONAL AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF AIRWAYS, INC., COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND. THE USE OF„SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE %AGREEMENT, A SUBSTANTIAL COI?Y OF WHICH IS ATTACHED'HERETO AND MADE A PART HEREOF; MARKED EXHIBIT"A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton; :de' Ases.; Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EASTERN AIR LINES, COVERING'THE RENTAL'OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AN/13-THE USE OF SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT nA" The'foregoing ordinance was read fo`r the first time and passed to its second reading by the following vote Tipton, de"Ases, Gill; Gulley;'Lozano and Sample, present and voting "Aye"; Mayor Luby rc, iota PAi nutes Regular Council Meeting January 7, 1976 Page 6 FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9011, KNOWN AS THE FAIR HOUSING ORDINANCE SO AS TO ADD THE WORD "SEX" TO ALL PROVISIONS PROHIBITING DISCRIMINATION ON THE BASES STATED IN SAID ORDINANCE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. SECOND READING OF A RESOLUTION REQUESTING THE AREA DEVELOPMENT COMMITTEE TO ACCEPT RESPONSIBILITY FOR COORDINATION OF INTERGOVERNMENTAL AND PRIVATE ACTION NECESSARY TO BRING ABOUT COMMUNITY IMPROVEMENTS AND PROGRAMS FOUND TO BE DESIRABLE THROUGH THE GOALS DEVELOPMENT PROCESS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 91, BAYFRONT SCIENCE PARK, BEING LOTS 4, 5 AND 6, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM CARL F. CROWNOVER; CANCELLING THE FOLLOWING APPROPRIA- TIONS IN THE NO. 122, 123 AND 124 GENERAL REVENUE SHARING FUNDS, ACTIVITY 4181, CODE 501, IN THE BAYFRONT SCIENCE PARK: $1,299.10 AS APPROPRIATED BY ORDINANCE NO. 11813; 1,688.70 AS APPROPRIATED BY ORDINANCE NO. 11814; 7,778.50 AS APPROPRIATED BY ORDINANCE NO. 11874; 982.00 AS APPROPRIATED BY ORDINANCE NO. 12031; 2,410.00 AS APPROPRIATED BY ORDINANCE NO. 12157; 2,955.00 AS APPROPRIATED BY ORDINANCE NO. 12396; 110.00 AS APPROPRIATED BY ORDINANCE NO. 12470; 250.00 AS APPROPRIATED BY ORDINANCE NO. 12509; 165.08 AS APPROPRIATED BY ORDINANCE NO. 12468; and 22,195.62 AS APPROPRIATED BY ORDINANCE NO. 11810, FOR A TOTAL CONCELLATION OF $39,834; APPROPRIATING AND REAPPROPRIATING THE AFORESAID $39,834 FOR ACQUISITION OF PARCEL 91, OF WHICH $39,500 IS FOR ACQUISITION AND $334 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Samplerpresent voting -'"Aye'; Mayor Luby absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING ALL REFERENCE TO SHORELINE BOULEVARD SPEED LIMITS AND IN LIEU THEREOF PROVIDING FOR SPEED LIMITS OF 35 MILES PER HOUR AT ALL TIMES ON NORTH AND SOUTH SHORELINE BOULEVARD, FROM CRAIG STREET TO THE BAYFRONT SCIENCE PARK, EXCEPT ON NORTHBOUND SHORELINE BOULEVARD FROM A POINT 580 FEET SOUTH OF PARK AVENUE TO A POINT 390 FEET NORTH OF PARK AVENUE WHICH SHALL BE 25 MILES PER HOUR WHEN FLASHERS ARE OPERATING DESIGNATING SUCH SPEED; 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. Minutes Regular Council Meeting January 7, 1975 Page 7 ORDINANCE NO. 12970 THIRD READING OF AN ORDINANCE AMENDING THE AIRPORT LIMOUSINE CONCESSION CONTRACT GRANTED BY ORDINANCE NO. 10162, PASSED AND APPROVED ON MARCH 17, 1971, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10883, PASSED AND APPROVED BY THE ON COUNCIL'ON MAY 31, 1972, AND BY ORDINANCE NO. 11820, PASSED AND APPROVED ON DECEMBER 12, 1973, BY AMENDING THE FARES IN ZONES 1 THROUGH 5, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12971 THIRD READING OF AN ORDINANCE AMENDING THE CIN CODE, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE HUDSON STREET, FROM SHAW STREET TO STAFFORD STREET, ONE WAY BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M., AND 3:00 P.M. AND 4:30 P.M. DURING SCHOOL DAYS ONLY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVI- DING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12972 APPROPRIATING $88,743.78 OUT OF THE WATER SYSTEM UNAPPROPRIATED FUND BALANCE FOR DEPOSIT TO THE CHOKE CANYON RESERVOIR FUND, SAID SUM AND THE SUM OF $2,997,354.72, PREVIOUSLY APPROPRIATED, TO CLOSE ALL ACCOUNTS OF THE FIRST MORT- GAGE WATER REVENUE BOND INTEREST AND SINKING FUND; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12973 APPROPRIATING THE SUM OF $19,996.95 AS FOLLOWS: $14,809.21 FROM NO. 220 STREET BOND FUND; $2,605.42 FROM NO. 250 SANITARY SEWER BOND FUND; AND $2,582.32 FROM NO. 295 STORM SEWER BOND FUND TO SUPPLEMENT $21,982.72 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VAR- IOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION MARKED EXHIBIT "A", WHICH IS MADE A PART HEREOF; AUTHORIZING REIMBURSEMENT OF $41,979.67 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING OCTOBER, 1975; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12974 CLOSING THAT PORTION OF MASSEY STREET THAT ABUTS THE POLICE BUILDING PARKING LOT AND LOTS 8 THROUGH 26, HIDALGO ADDITION, IN THE CITY CF CORPUS CHRISTI, NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. .tinutes Regular Council Meeting January 7, 1975 Page 8 ORDINANCE NO. 12975 PROVIDING THAT SINGLE FAMILY RESIDENTIAL CUSTOMERS RESIDING OUTSIDE THE CITY LIMITS, BUT WITHIN THE BOUNDARIES OF THE FORMER NUECES COUNTY FRESH WATER SUPPLY DISTRICT NO. I, SHALL BE CHARGED THE INSIDE CITY LIMITS (ICL) RATE SET FORTH IN ORDINANCE NO. 12208, THROUGH AUGUST 15, 1976, ONLY; PROVIDING THAT ALL OTHER CUSTOMERS PREVIOUSLY BILLED UNDER THE PROVISIONS OF THE CONTRACT AUTHORIZED BY ORDINANCE NO. 10415 SHALL, FROM THE EFFECTIVE DATE OF THIS ORDINANCE, BE BILLED IN ACCORDANCE WITH THE TERMS OF ORDINANCE NO. 12208; CONTINUING IN EFFECT UNTIL THE EFFECTIVE DATE OF THIS ORDINANCE THOSE BILLING PROVISIONS OF ORDINANCE NO. 10415; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. Mayor Pro Tem Tipton called for petitions or information from the audience. Mr. Eugene T. Clough, who had been given a time on the agenda at this time, did not appear. Mrs. Billie Cobb, 12922 East Redbird, complained that her latest tax statement indicated her taxes have been raised $46.49 from last year. She vehemently protested this increase stating that there were no services to show for it, poor water and sewage facilities, no police protection, no library, and the taxes should have been reduced rather than raised. Mrs. Arthur Ellis concurred, pointing out that she had lived in this area for over 13 years and no improvements have been made. She particularly protested the fact that the similarity of street names in the Calallen area resulting in poor mail delivery. Mr. Townsend explained the difficulty involved in street name changes, stating that the request must come from a resident of the street proposed to be changed, and that past experiences in changing street names have not been too satisfactory. He spoke regarding the level of public services in the Calallen area, stating that they are fairly consistent throughout the City with the exception of sanitary sewer service. He stated the staff is well aware there is no library. He . explained that the demand for police calls in the Calallen area is light, but the response is good. He stated that police cars are allocated on the basis of the demand. The meeting was recessed at 3:10 p.m., during which time Mr. James K. Lontos, Director of Engineering & Physical Development, made a detailed presentation of a drainage plan (and 'alternatives) for Corpus Christi Beach on which City Engineers have been working for the past year. Also the Council held public hearings on three zoning cases scheduled for 3:30 p.m. Minutes Regular Council Meeting January 7, 1976 Page 9 • The Regular Meeting was reconvened at 4:45 p.m. and there being no further business to come before the Council, motion by Sample, seconded by Lozano and passed, that the meeting be adjourned at 4:45 p.m., January 7, 1976. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of December 3, 1975 to December 31, 1975, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: JA , Mayor City of Corpus Christi, Texas 12/3/75 - Regular Meeting 12/10/75 - Regular Meeting 12/17/75 - Regular Meeting 12/17/75 - Special Meeting 12/24/75 - Regular Meeting 12/31/75 - Regular Meeting