HomeMy WebLinkAboutMinutes City Council - 02/25/1976PRESENT:
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MI NUTES
CITY OF CORPUS CHRISTI, TEXAS
. REGULAR COUNCIL MEETING
FEBRUARY 25, 1976
2:00 P.M.
Mayor Jason Luby
Mayor Pro Tem Tipton
Council Members:
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 Luby called the meeting to order in the Council Chambers of City Hall .
The Invocation was given by Reverend Harold Goodenough of St. Luke's Methodist Church.
' City Secretary Read called the roll and stated there was a quorum of the Council and the
necessary Charter Officers present to have a legally constituted meeting.
Motion by Sample, seconded by Lozano and passed, that the Minutes of the Regular Council
Meeting of February 11, 1976 be approved as submitted to the Council .
Mayor Luby announced the issuance of the following ProcIrations: H.M.S. INTREPID DAYS:
February 25 through March I, 1976; USO WEEK: February 25 through March 3, 1976; and PHYSICAL
EDUCATION AND SPORTS WEEK: March I through March 7, 1976.
Concerning appointments to Boards and Commissions, there was some discussion relative to
the Ai rport Development Corporation board of directors. City Manager Townsend reviewed that this
nonprofit organization was formed several years ago as a means of issuing tax-exempt bonds to build
the Power Monolithics Company at International Airport. He acknovaled that the board has little to
do now and hos the power to fill vacancies itself, but as a courtesy routinely asks Council approval .
Some Council Members maintained that it was a waste of time to discuss the matter since the board
could make its own appointments with or without Council consent. Mayor Luby was in strong opposition
to that opinion, saying that, if anything, he feels the Council should ham a stronger voice in the
appointments and dealings of the board. It was the consensus of the Council to remove the matter
from the agenda.
Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the
following recommendations, with related comments and explanations:
al
ncil
a. Recommen0 dation oontMarch 171,1ic 1976eoningthe following zoning e held at a iapplicationseeting
(1) the northwest lcorner lof Flour Bluff B" and a aDrive and l Permit tPurdue o " located on
Road.
(2) Mr. Ismael Perez Mora, "R -1B" to "B=1", located on the north right
of way of Old Brownsville Road at Saratoga Boulevard.
(3) PJC Partnership, Tract A: "R -1B" to "B-4", Tract B: "R -1B" to
"AB", located on the southeast corner of South Staples Street
and Williams Drive.
Minutes
Regular Council Meeting
February 25, 1976
Page 2
(4) Mr. Robert Campbell, "R -1B" to "B-4", located on the east side
of Flour Bluff Drive, approximately 295' south of its intersec-
tion with Don Patricio Road.
(5) Text Amendment to Zoning Ordinance - to allow upholstery shops
in "B-1" zoning districts
b. Recommendation that bids be received at 11:00 a.m., Tuesday, March 16,
1976 for replacement lawn and garden tractors with rotary mower for use
by the Wastewater Services Division at the Allison Plant, and the Water
Division at the Cunningham Filter Plant and various pumping stations.
c. Recommendation that the following actions be taken in regard tos13, e of
1976:
surplus City property for which bids were received on February
(1) Bids received for a 3 -bedroom frame house at 1014 York Street and
a 42.4' x 92.6' vacant lot at 2606 Guadalupe be rejected. The highest
of 3 bids received for the house was $13,100. The appraised value
is $15,000. The only bid received for the vacant lot was $553.50. The
appraised value is $1,000.
(2) Bids again be received on March 15, 1976 for the sale of the above
two properties plus a 44.5' x 92.6' vacant lot at 3250 Elgin and a
50' x 118' vacant lot at 1605 Marguerite for which no bids were
received.
If adequate bids are not received this time, the properties will be
listed with real estate firms and advertised in other ways in an
attempt to obtain a negotiated sale.
d. Recommendation that a resolution be approved stating that demolition com-
pleted under HUD Grant XTEX. M-2 has been in accordance with local and
State laws and all available legal procedures were used to obtain remedial
action by owners of demolished structures before grant funds were used.
Demolition of 199 units was accomplished during the,grant period, July 1,
1971 through December 31, 1975: The resolution is required before the
grant can be closed out.
e. Recommendation that 2 gas-fired commercial pool heaters be purchased
from Knox Supply Company, Dallas, on the basis of low bid of $2,936.00.
The apparent low bid of $2,750 by Seablue Corporation, Houston, is for
an absolete model no longer manufactured. One heater is a replacement
for Meadow Park pool and the other is additional for Collier. Bids were
received from 3 firms.
f. Recommendation that a letter of agreement be approved with the Coastal
Bend Council of Governments amending the contract under which Senior Commu-
nity Services provides medical transportation to State Department of Public
Welfare clients. The original contract for $109,404, approved on August 6,
1975, was for August 1, 1975 through August 31, 1976 and included an admini-
strative aide, senior clerk typist and four bus operators. The amendment
reduces the budget to $48,153, eliminates the vacant administrative aide
and four vacant bus driver positions and assures the City of a minimum of
$1,000 per month from January 1, 1976 through August 31, 1976 based on the
estimated cost of serving 100 welfare clients per month. The original budget
was based on a higher client utilization rate and included both D.P.W. and
non-D.P.W. clients.
Recommendation that the new Community Theater be named the Harbor Playhouse
as recommended by the donor, the Same Foundation.
6.
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lutes
regular Council Meeting
February 25, 1976
Page 3
Mayor Luby called for discussion from the audience regarding the City Manager's Reports,
and Mrs. Katharine Strylak, 3302 Manitou, spoke relative to item "e" in support of heating Meadow
Park and Collier Pools. She stated there are only two public swimming facilities southeast of Ayers
Street in the City, whereas there are 4 or 5 on the northwest side of the City; she quoted statistics
of attendance and usage at Collier Pool as compared to Greenwood Pool, saying that Collier has had
as many as 500 people in attendance at one time. She maintained that since the school system which
uses Greenwood Pool is able to finance other projects, it should be able to find enough money in its
athletic department budget to pay for the cost of heating that pool for its swimming programs. She also
cited that Collier Pool has a much smaller square foot area and is somewhat sheltered from the wind, so
the fuel costs would not be too high.
Mr. Tom Hetzel also spoke in support of recommendation "e"; he stressed that Corpus Christi is
promoted as a water -oriented vacationland, and has a mean temperature of about 70° --therefore it is
ironic that most of the pools in the City close in October. He stated the non -accessibility of heated
pools in the City makes it very difficult for serious swimmers to train; also that he believes that many
people in the area, including many housewives, would utilize Collier Pool if it were heated during the
cooler months. Mr. Hetzel pleaded with the Council to vote today to heat both Collier and Meadow
Park Pools, and to work toward heating all municipal swimming pools in the future.
Council Member Gulley explained to the audience that they had discussed this item in depth
in the morning's Workshop Meeting, and that it was the consensus of the Council to approve the purchase
of heaters for the pools; however, he stated that his personal concern is the cost to the taxpayers for
heating the pools when only a few people would use them during the winter months. Council Member
Gill voiced her opinion that she believes that as pools are heated year-round, swimming would grow in
popularity as the game of tennis has --that a few years ago one could not foresee lighted tennis courts
for playing of evenings.
Motion by Tipton, seconded by Sample and passed, that the City Manager's Reports be granted,
approved and adopted, as recommended by City Manager Townsend.
Mayor Luby called for the ordinances, and City Manager Townsend presented the following
ordinances with related comments and explanations:
Minutes
Regular Council Meeting
February 25, 1976
Page 4
SECOND READING OF AN ORDINANCE EXTENDING TO LITTER -LES, INC., THE FRANCHISE
ORIGINALLY GRANTED TO IMPACT ADVERTISING COMPANY BY ORDINANCE NO. 11838,
AND TRANSFERRED TO LITTER -LES, INC., BY AUTHORITY OF ORDINANCE NO. 12875, PASSED
AND APPROVED BY THE CITY COUNCIL ON OCTOBER29, 1975, SAID EXTENSION TO CONTINUE
UNTIL NOVEMBER 30, 1976.
The foregoing ordinance was read for the second time and passed to its third reading by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
FIVE-YEAR LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR RESTORATION AND RENOVATION
OF THE EXTERIOR AND INTERIOR OF THE LICHTENSTEIN HOUSE AT 1617 NORTH CHAPARRAL,
CONSISTENT WITH PLANS APPROVED BY THE LANDMARK COMMISSION OF THE CIN, AND FOR
ESTABLISHMENT AND OPERATION BY THE LEAGUE OF A CREATIVE ARTS CENTER FOR ELEMENTARY
SCHOOL CHILDREN AND TEACHERS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADEA PART HEREOF, MARKED
EXHIBIT "A'; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading by the followirg
vote: Luby, Tipton, de Ases, Gill , Gulley, Lozano and Sample, present and voting "Aye".
SECOND READING OF AN ORDINANCE AUTHORIZING THE CIN MANAGER TO EXECUTE A
FIVE-YEAR LEASE AGREEMENT WITH THE JUNIOR LEAGUE FOR RESTORATION AND RENOVATION
OF THE EXTERIOR AND INTERIOR OF 1HE SIDBURY HOUSE AT 1619 NORTH CHAPARRAL, CONSISTENT
WITH PLANS APPROVED BY THE LANDMARK COMMISSION OF THE CITY, UNDER THE TERMS AND
FOR THE PURPOSES AND CONSIDERATION SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND
PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third reading by the following
vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 13052
AUTHORIZING THE CIN MANAGER TO EXECUTE A LETTER OF AGREEMENT TO PROVIDE AMEND-
MENTS TO THE CONTRACT BETWEEN THE CIN AND THE COASTAL BEND COUNCIL OF GOVERN-
MENTS 50 AS TO PROVIDE STATE DEPARTMENT OF PUBLIC WELFARE CLIENTS WITH TRANSPORTA-
TION FOR MEDICAL SERVICES, A SUBSTANTIAL COPY OF SAID LETTER OF AGREEMENT BEING
ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; AUTHORIZING THE CIN
MANAGER TO EXECUTE ALL OTHER MODIFICATIONS AND RELATED DOCUMENTS REQUIRED IN
THE ADMINISTRATION AND CONTINUED IMPLEMENTATION OF SAID PROGRAM; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby,
Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
RESOLUTION NO. 13053
A RESOLUTION MAKING FINDINGS AND STATING THAT DEMOLITION UNDER THE HUD DEMOLI-
TION GRANT WAS IN ACCORDANCE WITH STATE AND LOCAL LAWS AND THAT ALL AVAILABLE
LEGAL PROCEDURES WERE EXHAUSTED TO DEMOLISH SAID STRUCTURES BEFORE GRANT FUNDS
WERE USED; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby,
Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye".
No one from the audience addressed the Council relative to any of the ordinances. City
Secretary Read noted that according to his tabulation all ordinances voted upon passed unanimously.
. outes
Regular Council Meeting
February 25, 1976
Page 5
Mayor Luby called for petitions or information from the audience on matters not previously
covered on the agenda and recognized Mr. Billy Pugh, for further consideration of his request to
transfer the lease for his boat repair service on the L -Head to Mr. Ray Hundley and Mr. Craig
Garrison; that the Council on 2/18/76 had requested Mr. Pugh to determine if a new five-year lease
would be acceptable rather than transferring the present lease for the remaining seven years.
Mr. Pugh explained that a five-year lease agreement would not be satisfactory to Mr. Hundley
and Mr. Garrison, as it would not be economically feasible for their business. He added that he plans
to maintain an interest in the business and assist Mr. Hundley and Mr. Garrison in its operation, to
continue on a good relationship with the City of Corpus Christi as well as the customers.
Council Member Gulley objected to entering into a new lease with the same conditions which
were set some 13 years ago; he stated he thought the terms of the present lease should be reviewed by
the Staff and perhaps increased, to assure the City a fair deal . Council Member Sample maintained
that the voters approved Mr. Pugh's lease for a 20 -year period; therefore that he did not feel an increase
was warranted for the remaining seven years.
City Attorney Aycock gave his legal interpretation of provisions in the City Charter and State
Statutes regarding leases for more than a five-year period, and stated that he believed this lease could
be assigned if amended first. City Manager Townsend clarified for the Council that the clause
prohibiting assignment of the lease was added by the City Council and public hearings had been held
on the matter, so the people were well aware of the clause prohibiting assignment; and that the lease
had been presented to the public on the basis of the character and reputation of Mr. Pugh. He also
warned the Council that if grant a longer'term lease in this instance, many other persons and organizations
in the City will make similar requests.
Motion by de Ases, seconded by Sample, to approve the transfer of the lease.
There was further discussion of the issue. Council Member Gulley restated his position that he
is in favor of releasing Mr. Pugh from the obligations of his lease, but feels that the City should renego-
tiate the terms with the new parties and enter into a new lease. Some Council Members expressed concern
that they felt they would be going against the wishes of the voters some 13 years ago by allowing transfer
of this lease.
Motion passed, 4 to 3. City Manager Townsend explained that an ordinance to amend the
present lease so that it can be assigned and an ordinance affecting transfer of the lease will be prepared
to carry out this Motion; it was decided that those items should appear on the Council's agenda in 2 weeks.
Minutes
Regular Council Meeting
February 25, 1976
Page 6
Mr. Gerry Ostarch, attorney for the Junior League, made reference to the Council's
decision earlier in this meeting to allow a lease for a period longer than five years, and asked
that the same consideration be given to the Junior League for their restoration of the Lichtenstein
and Sidbury houses. He stated that some of the ladies in the league were "very unhappy" to be
limited to a five-year lease, since the League will be spending some $200,000 for renovation of
the homes.
City Manager Townsend again informed the Council that they could anticipate similar requests
from many other parties; that they will need to establish a firm policy regarding length of lease
agreements in the City. Council Member Gul ley stated he thinks consideration should be given to
longer leases whenever the present leases expire and where larger financial investments are involved,
such as one million dollars as opposed to five thousand dollars. Council Member Gill said she favors
the protection of a five-year lease. Council Member de Ases requested additional information from
the Staff regarding the legal implications involved in the matter, before granting a longer lease to
the Junior League and other interested citizens.
Mr. Ostarch requested that the Council reach a determination as to consideration of a longer
lease for the Junior League before final passage of the ordinances in 30 days. Council Member Gulley
advised him to write to tie Council, giving the arguments for his request.
Mrs. Pat Duaine, President of a local chapter of the American Association of Retired Persons,
presented a petition (No. 2-76) from members of the AARP informing the Council that the parking
area provided at the new Lindale Center is woefully inadequate; that they hove a membership of about
300 persons, and when as many as 50 persons attend their meetings they have a deplorable parking
problem. She stated that some of their members are so dissatisfied with the parkirg situation that they
wish to form a new chapter elsewhere in the City. She emphasized that it is very difficult for some
senior citizens to walk any great distance, especially when carrying items, such as covered dishes
for some of their activities. Mrs. Duaine informed the Council tint the City parking lot adjacent to
the church nearby is too far away for many members to utilize it, especially since the back door of
the center does not have a handle and cannot be opened from the outside, so they must further walk
around to the front of the building to enter. She also commented that the Center needs more chairs and
card tables; tie t the accoustics are very poor; and also that there is no way to darken the room to show
films, adding that some very fine films are available to them from Del Mar College.
nutes
Regular Council Meeting
February 25, 1976
Page 7
Responding to an inquiry from City Manager Townsend; Mrs. Duaine explained that some
of these problems had been brought before the Senior Community Services Advisory Board on previous
occasions, but that she was presenting their complaints to the Council today because of the urgent
time frame.
Mr. Horace Cleveland, a member of the Senior Community Services Advisory Board, thanked the
Council and City Staff for providing two very fine senior citizens centers; but stated he thought it
unwise to have such an excellent facility as Lindale, and the people for whom it was constructed not
be able to utilize it; that surely more parking space closer to the Center could be found, or something
could be worked out.
Mr. Wiley McLaughlin stated he lives in the area and would be very much opposed to converting
the softball park in that vicinity into an asphdlt parking lot.
Mr. Cleveland responded that he did not wish to encroach on 'the park, but that more parkirg
spaces were absolutely necessary for the senior citizens to be able to use Lindale.
City Manager Townsend replied that the Staff will restudy the WI ole situation.
Mrs. Flora Pockrus; President of a lodal chapter of the AARP, also stated that they are very
grateful for the Lindale facility; but that the parking is very inadequate, creating a dangerous situation,
with cars frequently blocking each other.
Mrs. Duaine added that even if the members came to the meetings two per car, three times as
many parking spaces would be needed, according to attendance at their last meeting.
Mayor Luby requested he be polled for his vote on the ordinances, as he was temporarily absent
from the meeting during that presentation. City Secretary Read then recorded Mayor Luby as voting
"Aye" on all of the ordinances.
Mrs. Mildred Kirk appeared before the Council and thanked them for proclaiming one week last
year as "Egg Week", stating that it had received national recognition.
There being no further business to come before the Council, on Motion by Tipton, seconded by
de Ases and passed, the Regular Council Meeting of February 25, 1976 was adjourned at 3:55 p.m.
1, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the
foregoing minutes, same being for the period of February 4, 1976 to February 25, 1976,
inclusive, and having been previously approved by Council action, are by me hereby
approved, as itemized:
2/4/76, Regular Mtg.
2/4/76, Special Mtg.
2/11/76, Regular Mtg.
2/18/76, Regular Mtg.
2/18/76, Special Mtg.
2/25/76, Regular Mtg.
LUBY, Mayor
City of Corpus Christi, Sas