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HomeMy WebLinkAboutMinutes City Council - 02/25/1976PRESENT: r 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. •z 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