HomeMy WebLinkAboutMinutes City Council - 05/05/1976•-MINUTES
CITY
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
t4ay 5, 1976
2:00 P.M.
PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Council Members:
Eduardo E. de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
City Manager R. Marvin Townsend
• Executive Assistant City Attorney Michael May"
City Secretary Bill G. Read
Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of
City Hall in the temporary absence of Mayor Luby.
The Invocation was given by Council Member Gabe Lozano, Sr.
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 Lozano, seconded by Gulley and passed unanimously, that the Minutes of
the Regular Council Meeting of April 21 and the Special Meeting of April 21, 11:00 a.m.
be approved as submitted to the Council.
Motion by Gulley, seconded by de Ases and passed unanimously, that Council Member
Edward Sample's absence from today's meeting be excused.
Mayor Pro Tem Tipton announced the issuance of the following proclamations:
Arthritis Month - May, 1976; Medical Assistants' Week - May 10 through 16, 1976; National
Hospital Week - May 9 through 15, 1976; NCAA Tennis Week - May 26 through 31, 1976; Senior
Citizen Month - May, 1976; Armed Forces Honor America Week - May 8 through 15, 1976;
Toastmasters Week - May 8 through 14, 1976.
Mayor Pro Tem Tipton announced the bid opening for and award of a 1 -year lease
of minerals underlying the following tracts of City -owned land (approximately 2 acres):
the park between Longview East and Longview West of Block 3 and Block 8 of Westgate
Heights Subdivision and Westgate Park on Longview West. The minimum acceptable lease
must include a $100 bonus, a 3/16 royalty, and a statement accepting the prohibition of
a drill site on the surface of said three tracts. Director of Purchasing T. M. Jarvis
opened and read the only bid received, from Kelly Bell. City Manager Townsend explained
that the bid is not required by Charter to be tabled; therefore that it is the Staff's
recommendation that the bid be awarded to Kelly Bell today.
Motion by Lozano, seconded by Tipton and passed unanimously, to accept Kelly Bell's
bid.
Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager
Townsend presented the following items, with related comments and explanations:
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Minutes
Regular Council Meeting
May 5, 1976
Page 2
a. Recommendation that a public hearing be held at a Special Council Meeting
at 3:30 p.m. on May 26, 1976 on the following zoning applications:
1) Mr. Willie Jackson: "R -1B" to "B-1", located on the south side of
West Point Rd., approximately 150' west of Barrera Drive.
2) Mr. V. A. Nolen: "FR" to "RE", located on the south side of Leopard
Street immediately east of Western Hills subdivision.
3) Mr. Henry Ayala: "A-2" to "I-2", located on the northwest corner of
Buford and 25th Streets.
4) Mr. J. W. Miller: "FR" to "I-2" on Tract A and "FR", to "R -1B" on
Tract B, located on the south side of Leopard Street at intersection
of Hart Road.
5) Mr. Guadalupe Jose Barrera: "R -1B" to "R-2", located on the south ,
side of Yale Street approximately 100 feet east of Prescott Street.
b. Recommendation that bids be received at 11:00 a.m., Tuesday, May 25, 1976
for 15 electrically operated, registering locked fare boxes to be used
on the 15 new transit coaches being bid under a grant from the Urban Mass
Transportation Administration. The fare boxes will be paid for 80%- by
the Federal government, 13% by the State Department of Highways and Public
Transportation and 7% by bonds approved at the 1972 bond election.
(Mayor Luby arrived at this time.)
c. Recommendation that bids be received at 11:00 a.m., Tuesday, June 1, 1976
to furnish all labor, material and equipment to repair and point the
1,000,000 gallon water storage tank and tower at Alameda St. and Carmel
Parkway. This is a budgeted maintenance project.
d. Recommendation that cars, window vans and pickups be purchased as follows
on the basis of low bid meeting specifications:
(Bid Tab #18-76)
Tradewinds Ford Sales, Inc., Corpus Christi -
(1) replacement 4 -door standard sedan with air
conditioning for Industrial Development $ 4,702.78
(6) replacement 4 -door compact sedans with air conditioning
for Police Criminal Investigation, Special Services
and Community Services and for the Transit Division 23,880.54
(2) replacement 4 -door compact sedans without air
conditioning for the Fire Dept. and Gas Division 6,842.54
(4) replacement 2 -door sub -compact sedans without air
conditioning for the Tax Office, Construction
Inspection and Meter Reading 11,995.68
(20) replacement and 1 additional 1/2 -ton pickups for
various City operations 74,589.90
Wayne Strand Pontiac GMC, Corpus Christi -
(34) replacement and 2 additional 4 -door intermediate
sedans with air conditioning and police package for
Police Administration, Traffic and Patrol $155,705.25
(1) replacement 8 -passenger 3/4 -ton window van without
air conditioning for Meter Reading 4,435.63
(1) replacement 5 -passenger 3/4 -ton window van without
air conditioning for the Street Division 4,328.58
(2) replacement 3/4 -ton pickups for Traffic Engineering 8,071.08
(1) replacement 1 -ton pickup for the Street Division 4,268.47
Grand Total
$122,011.44
$176,809.01
$298,820.45
Mi
Ret Council Meeting
, Nay _,,' 1976
Page 3
The apparent low bid submitted by Tradewinds Ford Sales, Inc. on the 1 -ton
pickup of $4,176.90 did not meet specifications because they bid a 3/4 -ton
pickup with a gross vehicle weight of 7,800 lbs. instead of a 1 -ton pickup.
Bids were received from 7 firms. Price comparison reveals an increase of
approximately 13.7%.
The purchase of one additional replacement intermediate sedan with Police
package is recommended to replace a wrecked vehicle.
City Manager Townsend added that the Staff had been informed by Wayne Strand
Pontiac GMC that two of their items (1 replacement 8 -passenger 3/4 ton window van
without air conditioning for meter reading and 1 replacement 5 -passenger 3/4 -ton window
van without air conditioning for the Street Division) may not be available from the
factory; in which event the Staff requests approval to purchase those two items from the
second low bidder, Tradewinds Ford Sales, Inc.
e. Recommendation that an escrow agreement be approved with Corpus Christi Bank
& Trust to segregate into a separate bank account the City's share of
construction costs of the Corpus Christi Beach Restoration Project. The
escrow agreement is required by the U. S. Corps of Engineers prior to starting
construction, if the City wishes to keep its cash invested until actually
needed for construction payments.
f. Recommendation that an agreement be authorized with Columbia University,
New York for a summer college student work/study program. 70% of the funds
are provided by the college with the City providing the remaining 30%. The
agreement will be from July 12 to September 1, 1976 and involves one position
to be assigned to the Legal Department. This will allow a student who worked
for the Legal Department last summer to do so again.
g•
Recommendation that International Aerial Mapping Company of San Antonio
provide aerial photography for the area within the study area of the Corpus
Christi Urban Transportation Study which has not been flown before. This
includes the City of Portland and portions of Mustang and Padre Islands.
Funds for this work are entirely provided by the federal government under
the Unified Work Program for Transportation Planning.
h. Recommendation that the Compensation Ordinance be amended by deleting the
sentence "The fourth Monday of May (Memorial Day)" and substituting the
sentence "The last Monday of May (Memorial Day)". There are 5 Mondays in
May this year.
i. Recommendation that plans and specifications for the concourse and baggage
claim renovations at the Corpus Christi International Airport be approved and
authority granted to receive bids May 26, 1976. The project includes the
construction of a security screen along the north side of the concourse, a
security screen in the lobby area and improvements in the baggage claim area,
including new sign graphics to make the access to the gates, the security
area, the lobby, airlines and baggage area more convenient to the traveling
public.
J•
Recommendation that plans and specifications for street improvements for the
San Diego Addition streets, Old Brownsville Road, Nogales Street, Rambler
Street and Roslyn Street be approved and bids be received June 2, 1976. This
project involves 11 miles of residential street reconstruction from 1972
voluntary paving petitions and is to be funded from the second -year Community
Development Grant fund, 1972 bond funds, and assessments. Streets included
are:
Sarita Street, from Belton to Tarlton
Bolivar Street, from Crosstown Expressway to Sarita
Presa Street, from Crosstown Expressway to Sarita
Soledad Street, from Niagara to Sarita
Nogales Street, from Port to Sarita and from McArthur to Eisenhower
Guadalupe Street, from Port to Sarita
Niagara Street, from Bolivar to Guadalupe
Old Brownsville Road, from Eastern to Morgan
Rambler Street, from Horne Road to Roslyn
Roslyn Drive, from Rambler to Prescott
Minutes
Regular Council Meeting
May 5, 1976
Page 4
To determine the relative price of concrete compared to asphalt, an option
is included to pave the residential streets in San Diego Addition with Portland
cement.
k. Recommendation that the following actions be taken in connection with the
Broadway Wastewater Treatment Plant:
1. The Facility Plan, including the Environmental Assessment, be adopted
and submitted to the Texas Water Quality Board and the Environmental
Protection Agency.
2. Authority to submit an application to the Texas Water Quality Board for
the Step 2 preparation of plans and specifications be granted.
3. An additional$51,752.94 be appropriated to cover expenditures related
to Step 1 work based on the project's updated revised cost estimates
including $48,413.50 for additional engineering, for a total engineering
appropriation of $107,550.
1. Recommendation that the following action be taken in connection with
improvements to North Staples Street from I.H. 37 to West Broadway and
Starlite Lane from Leopard to Sunny Drive:
1. The North Staples assessment hearing be closed and the revised assessment
roll of $51,490.62 be adopted;
2. The Starlite assessment hearing be closed and the revised assessment
roll be adopted;
3. $1,335.30 be appropriated out of the Street Bond Fund to pay for expert
testimony and legal advertising required in connection with the two projects.
m, Recommendation that intrastate charter bus rates be increased to conform to
new rates established by the Texas Railroad Commission on January 8, 1976.
It has been the City's policy to charge the rates approved by the Commission
for cross-country operators. The increase will change the minimum on non -
restroom buses from 33 to 35 passengers and increase the minimum per mile from
.$.78 to $.875. The minimum for restroom -equipped buses will remain at 38
passengers with the minimum per mile increasing from $.88 to $.95. Rate
increases range from 12% for 33 passengers to 118 for 47 passengers for non -
restroom charters and from 8% for 38 passengers to 11% for 47 passengers on
restroom-equippped charters.
n. Recommendation that a retirement program be established as of May 10, 1976
for employees over age 50 at the time of employment. The City's contributions
will be the same as to the Texas Municipal Retirement System (now 7% of
participant's gross salary). The employee will contribute 5% of gross salary.
The City will invest and administer the fund.
0. Recommendation that the Compensation Ordinance be amended to help retain and
recruit senior administrative and professional personnel:
1. Effective June 7, 1976 the spread differential between steps for salary
grades 25 and above be increased from 4.3% to 5%, keeping all existing
employees within $10 per pay period of their present salary.
2. The position of Data Processing Manager be reclassified from Grade 35 to
Grade 36 effective immediately.
3. The classifications of Police Assistant Chief, Fire First Assistant Chief,
Police Commander and Fire Assistant Chief be placed in the general salary
schedule.
Classification Salary Grade
a. Police Assistant Chief 34
**b. Fire First Assistant Chief 34
c. Police Commander 32
**d. Fire Assistant Chief 32
M
: Regular Council Meeting
May 5, 1976
Page 5
P•
q•
Recommendation that authority be granted to submit an application to the
United States Travel Service cf the Department of Commerce for $10,000
to conduct an advertising campaign in newspapers and magazines in Canada
during the fall and winter of 1976 to promote tourism in Corpus Christi.
These funds will be matched by $10,000 from revenue generated from the
Hotel and Motel Room Tax. The. Corpus Christi Area Convention and Tourist
Bureau will administer the program.
Recommendation that a portion of a 10 foot utility easement, located on
Lot 30, Block A, Perry Place, Unit #1, generally 205 feet south of Padre
Island Drive facing on Paul Jones Avenue be abandoned. The replatting of
property has provided ample easement for utilities. The affected depart-
ments concur with this recommendation.
Mayor Luby called for those from the audience who would like to speak regarding
any item on the City Manager's Report.
Mr. David Perry, attorney for the Corpus Christi Fire Fighters' Association,
announced he would like to address the Council relative to item "o" and requested that he
be granted a few minutes to study the item, since he had just arrived. The Council agreed.
Mayor Luby brought up that he had been informed by Mr. L. M. Bishop, operator
of the new concession stand on McGee Beach, that the facility is not draining properly;
that he is standing in water, and is fearful of getting a shock when the electrical
equipment is hooked up.
City Manager Townsend acknowledged that there have been several problems with
the initial operation of the concession stand, and that the Staff would look into the
matter.
Mr. Perry returned, and stated that on behalf of the Fire Fighters' Association
he was shocked and appalled and thought it was in extreme bad taste that the City Manager
made a recommendation for salary adjustments for Fire Department employees when they are
currently under negotiations in the collective bargaining process.
City Manager Townsend maintained that the recommendation was in no way contrary
to the collective bargaining agreement; that it was designed to improve the opportunities
for salary advancement for all City employees in Grades 25 and above, only a small portion
of whom are firemen; further that he found it hard to believe that a representative of
the firemen would argue against betterment of compensation for Fire Dept. personnel.
Responding to a direct inquiry by Council Member de Ases, Mr. Perry said he
would like to have the two classifications (Fire First Assistant Chief and Fire Assistant
Chief) under item "o" removed from the agenda. The Council agreed, and the City Manager
deleted those two points from his recommendation. **
Minutes
Regular Council Meeting
May 5, 1976
Page 6
Motion by Tipton, seconded by Gulley and passed --with Luby voting No on item
"d" --that the City Manager's Reports be accepted, and items "a" through "q" (item "o"
as amended) be granted, approved and adopted, as presented by City Manager Townsend.
City Manager Townsend explained the proposed amendment to the ordinance to
close the tunnel behind La Retama Library; that the amendment provides for actual
barricading of the tunnel. City Manager Townsend assured Mayor Luby that the amendment
would in no way jeopardize Mr. Bill Sweetland's acquiring a lease for the tunnel,
City Manager Townsend next presented the ordinances, with related comments and
explanations. Mayor Luby asked if anyone in the audience wished to speak regarding the
ordinances, and Mr. Bill Sweetland asked for clarification from the Council relative to
the proposed amendment to the ordinance closing the tunnel. City Manager Townsend
responded that he would instruct the Staff not to physically close the tunnel until
specifically approved to do so by the Council.
Motion by Tipton, seconded by Gulley and passed unanimously, that the ordinance
read the first two of three readings on April 21, 1976, and April 28, 1976, concerning
closing of the pedestrian tunnel located behind La Retama Library, be amended prior to
its third and final reading as follows:
Amend Section 1 of said ordinance to hereafter read as follows:
"SECTION 1. That the subsurface pedestrian tunnel under North Upper Broadway
and North Lower Broadway from a point at the southwest corner of Leopard Street and North
Upper Broadway to a point immediately east of the common intersections of North Lower
Broadway, Schatzel Street and Peoples Street be closed, thus preventing its further use
by the public as a pedestrian access, said closing to become effective upon physical
barricading or closing of the tunnel."
Mayor Luby asked that the Council be polled for their vote on the ordinances.
City Secretary Read stated that according to his tabulation all ordinances voted upon
passed, as follows:
FIRST READING OF AN ORDINANCE FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER
BUS SERVICE HAS SUBSTANTIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE
IN ACCORDANCE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND
RESTROOM EQUIPPPED CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS
AMENDED BY ORDINANCE NOS. 10853, 11794, AND 12366, TO CONFORM TO SAID TEXAS RAILROAD
COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading by
the following vote: Luby, Tipton, Gill, Gulley, Lozano, present and voting "Aye"; de Ases
voting "Nay"; Sample absent.
M. ,
,Regu�ar Council Meeting
May 5, 1976
Page 7
ORDINANCE NO. 13157
AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YEAR LEASE AGREEMENT, WITH OPTION TO
RENEW FOR TWO 1 -YEAR PERIODS, WITH NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION
COMMUNITY CENTER, FOR USE OF FACILITIES LOCATED AT 823 FURMAN STREET FOR AN ADULT
ACTIVITY CENTER PROGRAM, A SUBSTANTIAL COPY OF WHICH AGREEMENT, MARKED EXHIBIT "A",
IS ATTACHED HERETO AND MADE A PART HEREOF.
The foregoing ordinance was read for the third time and passed finally by the following
vote: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13158
CLOSING THE TUNNEL LOCATED BEHIND LA RETAMA LIBRARY THAT PRESENTLY PROVIDES PEDESTRIAN
ACCESS TO THE BLUFF.
The foregoing ordinance was read for the third time and passed by the following vote:
Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample absent.
ORDINANCE NO. 13159
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCROW AGREEMENT WITH THE UNITED STATES
OF AMERICA, REPRESENTED BY THE DISTRICT ENGINEER, U. S. ARMY ENGINEER DISTRICT, GALVESTON,
TEXAS, AND THE CORPUS CHRISTI BANK & TRUST, THE CITY'S DEPOSITORY BANK, TO PERMIT
INVESTMENT OF CITY'S FUNDS FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT UNTIL SAID
FUNDS ARE NEEDED FOR EXPENDITURES, ALL AS MORE FULLY SET FORTH IN THE ESCROW AGREEMENT,
A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13160
AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH COLUMBIA UNIVERSITY IN THE
CITY OF NEW YORK FOR A SUMMER COLLEGE WORK-STUDY PROGRAM, ALL AS MORE FULLY SET FORTH
IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13161
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INTERNATIONAL AERIAL MAPPING
FOR AERIAL PHOTOGRAPHIC SERVICES OF THE METROPOLITAN PLANNING AREA AS IDENTIFIED IN THE
UNIFIED WORK PROGRAM, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE
A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $6,600 OUT OF THE NO. 162 FEDERAL -STATE
GRANTS FUND, ACTIVITY 4754, CODE 301, FOR SAID SERVICES; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13162
AMENDING SECTION 9 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICATION
AND COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI, TEXAS, SO AS TO CHANGE THE DATE
SCHEDULED FOR MEMORIAL DAY HOLIDAY FROM THE FOURTH MONDAY OF MAY TO THE LAST MONDAY OF
MAY; 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 and Lozano, present and voting "Aye"; Sample
absent.
Minutes
Regular Council Meeting
May 5, 1976
Page 8
ORDINANCE NO. 13163
ADOPTING THE FACILITY PLAN FOR THE BROADWAY WASTEWATER TREATMENT PLANT IMPROVEMENTS
AS PREPARED BY MCCAUGHAN & ETHERIDGE, CONSULTING ENGINEERS, AND (1) AUTHORITING SUBMISSION
01, ALL COMPLETED STEP 1 WORK TO THE TEXAS WATER QUALITY BOARD AND (2) AUTHORIZING THE
CITY MANAGER TO PROCEED IN MAKING AN APPLICATION TO THE TEXAS WATER QUALITY BOARD FOR
FEDERAL ASSISTANCE FOR THE STEP 2 WORK FOR THE PLANT AND ITS IMPROVEMENTS; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13164
APPROPRIATING $51,752.94 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO
PROJECT NO. 250-72-1, BROADWAY SEWAGE TREATMENT PLANT IMPROVEMENTS, OF WHICH TOTAL
APPROPRIATION $48,413.50 IS FOR ADDITIONAL ENGINEERING FEES FOR MCCAUGHAN & ETHERIDGE,
CONSULTING ENGINEERS; $1,339.44 IS FOR THE REPRODUCTION OF THE FACILITY PLAN; AND $2.000
IS FOR THE SERVICES OF MRS. DOROTHY OPPENHEIMER, COURT REPORTER; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13165
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: 1. NORTH STAPLES
STREET (M.H. 144) FROM I. H. 37 TO WEST BROADWAY, PROJECT NO. M R016 (1), AND 2. WINNEBAGO
STREET, FROM NORTH ALAMEDA STREET TO NORTH STAPLES STREET, PROJECT NO. M R016 (1) AND
FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED
AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT;
FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13166
CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: STARLITE LANE (M.H.
152) FROM LEOPARD STREET TO SUNNY DRIVE, PROJECT NO. M R030 (1) AND FINDING AND DETERMINING
THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE
IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE,
THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13167
APPROPRIATING A TOTAL OF $1,335.30 OUT OF THE NO. 220 STREET BOND FUND FOR EXPERT TESTIMONY
AND LEGAL ADVERTISING IN CONNECTION WITH IMPROVEMENTS TO NORTH STAPLES STREET AND STARLITE
LANE, OF WHICH TOTAL APPROPRIATION $719.25 IS APPLICABLE TO PROJECT NO. 220-72-6, NORTH
STAPLES STREET, I. H. 37 TO BROADWAY, AND $616.05 IS APPLICABLE TO PROJECT NO. 220-72-10,
STARLITE LANE, LEOPARD TO SUNNY DRIVE; 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 and Lozano, present and voting "Aye"; Sample
absent.,
ORDINANCE NO. 13168
ESTABLISHING THE CITY OF CORPUS CHRISTI RETIREMENT PLAN FOR EMPLOYEES ENTERING EMPLOYMENT
OVER AGE 50; PROVIDING FOR CERTAIN OPTIONAL AND MANDATORY REQUIREMENTS FOR EMPLOYEES;
PROVIDING FOR RETIREMENT GUIDELINES; PROVIDING FOR CONTRIBUTIONS BY THE EMPLOYEE AND THE
CITY OF CORPUS CHRISTI; PROVIDING FOR DISPOSAL OF FUNDS WHEN EMPLOYEE TERMINATES OTHER
THAN BY RETIREMENT; PROVIDING FOR DISTRIBUTION AND COLLECTION OF FUNDS BY EMPLOYEE UPON
RETIREMENT; PROVIDING FOR MANAGEMENT OF SAID FUND; PROVIDING FOR ADMINISTRATION OF SAID
FUND; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample
,absent.
• ' Min
R2gu,o, Council Meeting
• May 5, 1976
Page 9
ORDINANCE NO. 13169
AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES TRAVEL
SERVICE OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE PURPOSE OF REQUESTING
$10,000 IN FEDERAL FUNDS FOR THE PURPOSE OF CONDUCTING AN ADVERTISING CAMPAIGN IN CANADA
TO PROMOTE TOURISM IN CORPUS CHRISTI, AS MORE FULLY SET FORTH IN THE APPLICATION, A
SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE
CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROPOSED
PROGRAM; APPROPRIATING AND REAPPROPRIATING OUT OF HTE TOURIST AND CONVENTION DEVELOPMENT
FUND NO. 103, ACTIVITY 5599, CODE 490 FOR TRANSFER TO FUND NO. 103, ACTIVITY 5501,
CODE 301 THE SUM OF $10,000 AS THE CITY'S SHARE FOR CONDUCTING THE AFORESAID ADVERTISING
CAMPAIGN IN CANADA; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13170
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY
OF CORPUS CHRISTI AND KELLY BELL FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROSPECTING,
DRILLING AND MINING FOR AND PRODUCING OIL AND GAS BENEATH THE SURFACE OF THOSE TRACTS OR
PARCELS OF LAND DESCRIBED AS BEING A PART OF BLOCKS 3 AND 8 OF THE WESTGATE HEIGHTS
SUBDIVISION, AND A PART OF BLOCK 3 OF THE HIGHLAND ESTATES ADDITION, MORE FULLY DESCRIBED
HEREINAFTER, AND BEING FOR A PRIMARY TERM OF ONE (1) YEAR, COMMENCING WITH THE DATE OF
EXECUTION OF THE SAID OIL AND GAS LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A
PART HEREOF; 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 and Lozano, present and voting "Aye"; Sample
absent.
ORDINANCE NO. 13171
CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED IN LOT 30, BLOCK "A",
PEARY PLACE UNIT 61, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS,
SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED HEREINAFTER, SUBJECT TO THE DEDICATION BY
SEPARATE INSTRUMENT OF A SUBSTITUTE EASEMENT IN SAID LOT 30, BLOCK "A", PEARY PLACE UNIT
#1; PROVIDING FOR SEVERABILITY; 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 and Lozano, present and voting "Aye"; Sample
absent.
Motion by Tipton, seconded by Gulley and passed unanimously, that the physical
closing of the tunnel behind La Retama Library should not occur until further action by
the Council.
The Meeting was recessed at 3:17 p.m.
The Regular Council Meeting was resumed at 3:55 p.m. for the scheduled public
hearings on two zoning cases.
City Manager Townsend announced Application #376-8, Bar -Bob Motor Homes, for
change of zoning from "B-1" Neighborhood Business District to "B-4" General Business
District en Lots 1 & 24 and the south 30' of Lot 23, Block 6, Lexington Estates Addition,
and added that the recommendation of both the Planning Commission and the Staff is for
approval. Chief Planner Larry Wenger presented a land use and zoning map of the area,
explaining that the lot is vacant although the applicant parks some of his motor homes
and recreational vehicles which are for sale on the lot. No one from the audience
addressed the Council relative to the requested change in zoning.
Minutes
Regular Council Meeting
May 5, 1976
Page 10
Motion by Lozano, seconded by Gulley and passed unanimously, that the hearing
be closed.
Motion by Gulley, seconded by de Ases and passed unanimously, to accept the
recommendation of the Staff for change of zoning from "B-1" to "B-4", Application #376-8,
Bar -Bob Motor Homes.
City Manager Townsend presented Application #376-9, Gus Munoz, for change of
zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on
Lot 1, Block A, Chula Vista #2 Addition, and added that the recommendation of the Planning
Commission and the Staff is that it be denied. Chief Planner Larry Wenger presented a
land use and zoning map of the area, and stated that it is a neighborhood -type area and
the Staff is against the more intensive uses allowed in "B-4". He explained that the
owner wants to operate a used car lot on the premises in addition to an existing service
station.
The applicant was not present to speak regarding his case; Mr. Wenger added that
he also did not appear before the Planning Commission when his request was heard by them.
Motion by Tipton, seconded by Lozano and passed unanimously, that the hearing be
cLosed.
Motion by Gulley, seconded by Gill and passed unanimously, that Application #376-9,
Gus Munoz, for change of zoning from "B-1" to "B-4" be denied.
City Manager Townsend next presented the ordinance for change of zoning of
Bar -Bob Motor Homes, which the Council had approved. Motion by Gulley, seconded by Lozano
and passed unanimously, to accept the ordinance. City Secretary Read stated that according
to his tabulation the ordinance voted upon passed, as follows:
ORDINANCE NO. 13172
AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF
AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND
RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE
NO. 6106, AS AMENDED, UPON APPLICATION OF BAR -BOB MOTOR HOMES, BY AMENDING THE ZONING MAP
BY CHANGING THE ZONING ON LOTS 1 AND 24, AND A PORTION OF LOT 23, BLOCK 6, LEXINGTON
ESTATES ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM
"B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT
ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; 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 and Lozano, present and voting "Aye"; Sample
absent.
Mayor Luby opened the floor for petitions or information from the audience,
and Mr. Raymond Rodriguez announced that all the churches in the Diocese of Corpus
Christi will ring their church bells in honor of the Bicentennial on July 4, 1976, at
a time yet to be specified. He asked the Council's support in getting all other local
.'Reg..tar Council Meeting
May 5, 1976
Page 11
churches to join in this recognition, and their endorsement and assistance in attaining
it on a nationwide basis, The Council agreed to draft a Resolution on same, and place
it before the Bicentennial Commission.
Mr. Eugene Bouligny, 3525 Austin, asked the Council's assistance regarding a
piece of property he purchased over two years ago at a tax sale, which turned out to have
a Small Business Administration lien against it. He stressed that he thought the City
had a moral responsibility to repurchase the property, because he was not informed of
the lien at the time of purchase.
City Manager Townsend responded that the City did not initiate the sale, and
therefore is not directly responsible that the lien was not discovered prior to the sale.
He added that the matter has been before the Staff for several weeks, and they are trying
to find an equitable answer to the problem, if possible. Council Member Gulley asked the
City Manager to prepare a status report for the Council on the subject within two weeks.
City Manager Townsend announced the public hearing on the request by Athena
Cablevision of Corpus Christi, Inc. for a rate increase. Mr. Townsend pointed out that
Athena was asking for approval of a two-step increase, but that he could not recommend
that it be granted without another public hearing for the second step at the later date.
He distributed to the Council copies of the memo from Chas. Daley, Assistant Director of
Finance, regarding the situation.
Representing the application was Mr. Al McKay of Port Arthur, Texas, District
Manager for Athena Cablevision of Corpus Christi. He reviewed the requested increases
outlined in his petition which was before the Counci]. and Staff. He explained that the
company is seeking a two-step increase, part of which would be effective immediately and
the remainder on January 1, 1977, "in order to make it as palatable to the citizens as
possible", adding that several other cities have approved the same thing. He cited
comparable rates for Athena Cablevision service which are being charged in other cities
in Texas. Mr. McKay stated he believes Athena has done everything possible to cut costs
and increase customers, and has reached the point where it cannot continue to operate
on the same basis. He replied to Council Member de Ases that the number of customers
who will discontinue their service upon the rate increases cannot be accurately predicted,
although there will undoubtedly be some who will cancel.
There was further discussion of the rate increases among the Council Members.
City Manager Townsend clarified that the only factors to be considered in the rate change
request were the company's rate base, income, expenses and rate of return. He acknowledged
that Athena's franchise is technically in default, but stressed that that was not the
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Regular Council Meeting
May 5, 1976
Page 12
issue; neither should complaints of bad reception, poor service, etc. be considered.
No one from the audience addressed the Council relative to the matter,
Motion by de Ases, seconded by Gulley and passed unanimously; that the hearing
be closed.
Motion by Gulley, seconded by de Ases and passed --with Tipton voting No --that
the request of Athena Cablevision of Corpus Christi, Inc. for a rate increase in the
full amount requested be approved, stipulating that lesser rates can be charged as long
as they are charged without discrimination.
Mayor Luby opened the floor for petitions or information from the audience on
natters not scheduled on the agenda.
Mr. A. G. Mejia spoke representing his mother- and father-in-law at 1212 South
Alameda, stating that they are against the Halfway House which is being proposed by the
Texas Youth Council being located at 1200 Tenth Street, which would be close to their
home. He stated that since taxpayer money is paying for the program, they believe a
more suitable place with a recreational area should be found.
Mr. Manuel Cuellar also spoke for his mother- and father-in-law at 1212 South
Alameda, adding that he has lived in the area for years at 1205 South Alameda, and
believes the area would be detrimental to the recipients of the program and the program
would also be detrimental to the area. He cited the presence of narcotics in the
vicinity; and that he feels it should be located outside of the City limits. He also
objected to the fact that the surrounding residents had not been contacted before the
location was decided upon.
Dr. Stan Pinder, of the Texas Youth Council, responded that the program must
be located within the City limits; and that he does not believe the majority of the
citizens in the area would be against it. He reviewed the standards set by the Department
of Public Welfare for operation of the Halfway House, and assured the Council that the
boys would be closely supervised.
Mrs. Virginia Franke, who lives adjacent to the Halfway House in Austin,
reported to the Council that it has been "just like having a family of boys living
next door -- there has been absolutely no problems in any way." She told of a
Neighborhood Advisory Board, consisting of 9 people living within a 2 -block radius of
the House, which was set up to help with problems and concerns of the citizens; but
that after four months of operation of the House they have heard no complaints.
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Regu�... Council Meeting
• t1ay 5, 1976
Page 13
Mr. Elfego T. Leal, 1210 Tenth Street, appeared in opposition, adding that
there is no yard or room for any outdoor activity by the boys on the site chosen.
Mr. A. G. Mejia suggested Dr. Pinder check into a large house next to Miller
High School with a big yard.
Council Member de Ases inquired why a more concerted effort was not made by
the Texas Youth Council to inform the neighborhood that the facilities would be placed
there; that he thinks then perhaps the opposition would have been less.
Mayor Luby remarked that he is very much in favor of the program and thinks
the City needs it; however, he cannot accept it in that location because he doesn't
feel the area is sufficient for it. He added that if the Council cannot stop its being
located there, they should assist in finding another site for it.
Dr. Pinder responded to Council Member de Ases that it has been tried many times
in other cities and also by other agencies to contact the people in the neighborhood
door-to-door for their views, and explain the program to them; but that many people have
their minds made up and it doesn't seem to do any good. He added that he feels they
would lose ground by backing off and trying another location.
Council Member Gill acknowledged that if it were to be located in her neighborhood
she might feel a Little uneasy; but that the toys would be better controlled and better
supervised than children in the average neighborhood. Council Member Gulley remarked
that he thinks thLs is one of the best programs he has ever heard of; that the Mayor of
Austin and CounciLman John Trevino of Austin and Mrs. Franke who lives next door to the
House in Austin aLl report there have been no problems whatsoever with the program
there, and he feels it would be the same in Corpus Christi.
Mr. Sergio Campos addressed the Council, explaining that he is one of the
residents of the Halfway House in Austin; that he has seen the proposed location for the
House in Corpus Christi and thinks it's a fine place; that the residents do not need a
yard or larger outside area because they are taken out to parks, swimming, etc.
Ms. Linda Samaniego who lives in the area explained that families in the
vicinity have chiLdren of their own, and are afraid the boys would influence their
children; that she feels there needs to be at least a block between the House and other
residents' homes. She also stated she is fearful that it would devalue their property
even more, in an area which is already low.
Minutes
Regular Council Meeting
May 5, 1976
Page 14
City Manager Townsend advised that the Council's1only recourse f they so
desired would be to rezone the area so as not to permit that use of the property.
Council Member de Ases summarized for Dr. Pinder that they have the proper
5
zoning to establish the House at 1200 Tenth Street; that no one spoke against the
program, but that the Council is not entirely convinced that the location they have
selected is the best one.
Dr. Pinder responded that he would not want to do anything contrary to the
wishes of the Council; and that they will look for another location.
There being no further business to come before the Council. on Motion by
Tipton, seconded by Gulley and passed unanimously, the Regular Council Meeting of
May 5, 1976 adjourned at 5:58 p.m.