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HomeMy WebLinkAboutMinutes City Council - 05/19/1976PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI? TEXAS REGULAR COUNCIL MEETING MAY 19, 1976 2:00 P.M. 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 Edward Sample. 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 Gulley, seconded by Sample and passed unanimously, that Council Member Gill's absence from today's meeting be excused. Mayor Pro Tem Tipton announced the issuance of proclamations relative to the following: International Shrine Hospital Day - May 16, 1976; and Dr. Clotilde P. Garcia Day - May 16, 1976. Mayor Pro Tem Tipton acknowledged a group of third graders from St. Teresa School in the audience. Mayor Pro Tem Tipton announced the presentation on the convention center, and Mr. Amador Garcia of the Leadership Corpus Christi program presented and read a resolution signed by 29 participants and alumni of the class, supporting the concept of a convention center and offering their services toward that end. Mr. Hector Morales also spoke in favor of the convention center, adding that he hoped the Council would utilize the group in any form they see fit. (*Mayor Luby arrived at this time.) Mr. Raymond Rodriguez next read the resolutionregarding "Freedom Bells '76" in honor of our nation's Bicentennial. Bishop Drury of the Diocese of Corpus Christi added that he thinks this tribute is quite appropriate at this time in this area. Motion by Tipton, seconded by Lozano and passed unanimously, to adopt the Resolution. City Secretary Read polled the • Council for their vote, and stated that according to his tabulation the resolution passed unanimously, as follows: RESOLUTION RESOLUTION RECOGNIZING THAT "FREEDOM BELLS OF THE BELLS. THE FIRST TWO (2) MINUTES IN THREE (3) MINUTES SIGNIFYING THE ROLE WHICH PROTESTANT, AND JEWISH - HAVE PLAYED IN THE EMERGENCY. NO. 13185 '76" IS A FIVE (5) MINUTE NATIONWIDE TOLLING COMMEMORATION OF OUR 200TH ANNIVERSARY, AND OUR THREE (3) MAJOR FAITHS - CATHOLIC, MAKING OF OUR NATION; AND DECLARING AN The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. MICROHLNIL„ SEP 0 21980 Minutes Regular Council Meeting May 19, 1976 " Page 2 Mayor Luby announced the bid opening for fifteen 45. -passenger air-conditioned transit buses, which are part of the 1975 transit capital grant project, and Mr. T. M. Jarvis, Purchasing Agent, opened and read bids from the following firms: A. M. General Corp. and General Motors Corp. He explained that the bids would be tabled for further evaluation and recommendation. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that a public hearing be held June 2, 1976 on the request of Mr. J. F. Wakefield, Agent for Spohn Hospital, to close the remaining alleyway in Block 10, Ocean View Addition. Spohn Hospital is the owner of the entire block and they plan to use the property for additional buildings. All affected departments concur. No utilities except an abandoned gas line are located in the alley. b. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m., on June 9, 1976 on the following zoning applications: (1) Ms. Betty Hicks - "I-2" to "A-1", located on the east side of Navi- gation Boulevard 300 feet north of Margaret Avenue. (2) Mr. Ismael C. Salazar - "R -1B" to "B-4", located on the northeast side of Sacky Drive approximately 385 feet east of Ayers Street. (3) Mr. Alton Koenning - "B-4" to "I-2", located on the north side of Leopard Street approximately 275 feet east of North Padre Island Drive (S. Hwy. #358). c. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m., on June 16, 1976 on the following zoning applications: (1) City of Corpus Christi - "R -1B" & Special Permit to "B-3" on Tract A; "R -1B" & Special Permit to "A-2" on Tract B; both tracts being located on the northwest corner of Weber and Holly Roads. (2) City of Corpus Christi - "R-2" to "R -1B", located south of Saratoga Boulevard, east of Sanders Drive and south of Acushnet Drive. (3) City of Corpus Christi - "R-2" to "R -1B", located south of Saratoga Boulevard, west of Aaron Drive and south of Acushnet Drive. d. Recommendation that the H.E.B. Tennis Center Lighting Improvements project be accepted as complete and final and total payment of $2,458.00 be made to Electric Construction Company. This work consisted of additional light- ing work on the center court battery at the tennis center prior to the 1976 NCAA Tennis Tournament. e. Recommendation that the Community Theater (Harbor Playhouse) parking and access improvements project be accepted and final payment of $5,888.80 be made to Asphalt Maintenance Company, Inc. The project consisted of a temporary parking lot at the corner of Carroll and Chaparral Streets, an access drive to the entrance of the Harbor Playhouse, embankment fill, exposed aggregate slabs around the playhouse, and other items. The total cost of the project was $25,593.40. f. Recommendation that public hearings be held on the Facility -Plan and the Environmental Assessment for the Westside Waste Water Treatment Plant and for the Oso Wastewater Treatment Plant and improvements at 3:30 p.m. and 4:00 p.m. June 23, 1976. Min. Aeguiar Council Meeting May 19, 1976 Page 3 g. Recommendation that a 15 mph speed limit be established on the service alley behind Village Park Townhomes, running parallel with Everhart Road from Bonner Drive to Curtis Clark Drive. The residents of Village Park Townhomes and the owners of the vacant property on the east side of the alley have petitioned for this measure. The Traffic Safety Advisory Board so recommends. h. Recommendation that Anadarko Production Company be granted a permit to drill an irregular location in State Tract 81 located approximately 2miles north of the Naval Air Station. The well is to be drilled as a straight hole to a depth of 10,400'. The Bay Drilling Committee has reviewed the application and unanimously recommends the permit. Recommendation that the west 21 feet of the 7A2' wide utility easement located on the easterly boundary of Lot 10, Block 11, Flyway Unit 1 be abandoned. A house has been constructed partially in the easement. All affected departments concur. i Recommendation that the following actions be taken in regard to the day care program at Lulac Village for children of mothers receiving aid to families with dependent children operated by the Early Childhood Develop-' ment Center, Inc.: (1) City sponsorship of the program be terminated as of May 31, 1976. (2) The $32,000 advanced to the City by the Coastal Bend Council of Governments for working capital for the program be returned to the OBCOG (less audit exceptions) in accordance with the contract between the City and the CBCOG executed when the City assumed sponsorship of the program last year. $25,000 will be returned to the CBCOG upon termination of City sponsorship with $7,000 being retained to cover possible audit exceptions for the current program year. After completion of the audit and payment of any audit exceptions the remainder of the $7,000 will also be returned to the CBCOG. j• The above actions are subject to the United Way of the Coastal Bend assum- ing sponsorship of the program after May 31 and the CBCOG giving United'Way the money the City returns to it to provide the required local match for thb program starting June 1. The Planning Council and Administrative Committee of the United Way have recommended that the United Way sponsor the program. City Manager Townsend informed the Council relative to item "b-1", that Ms. Betty Hicks had requested that her zoning case be withdrawn, since het site plan was not acceptable to the Planning Commission and they recommended denial of her case. But Mr. Townsend advised that the Council hear the case on June 9 as scheduled, and if they find the site plan unacceptable, then the request would be sent back to the Planning Commission. He explained that in this way she would not have to make another application and pay another $40 charge. The Council agreed. No one from the audience addressed the Council relative to the City Manager's Reports. Motion by Sample, seconded by Lozano and passed unanimously, that the City Manager's Reports be accepted, and items "a" through "j" be granted, approved and adopted, as presented by City Manager Townsend. Minutes Regular Council Meeting May 19, 1976 Page 4 Motion by Lozano, seconded by de Ases and passed unanimously, that the contract attached to the ordinance authorizing execution of said contract between the City of Corpus Christi and the Nueces River Authority concerning the Choke Canyon Reservoir Project, said ordinance having been read on the first two of three readings on April 7, 1976 and April 14, 1976, be amended prior to its third and final reading by substituting the attached contract to be executed between the parties thereto, and that the ordinance be amended to reflect authorization for execution of the amended contract. Motion by Lozano, seconded by de Ases and passed unanimously, that the ordinance read on the first of three readings on May 12, 1976, concerning approval of new rate schedule for the furnishing of community antenna television services within the City of Corpus Christi by Athena Cablevision of Corpus Christi, Inc., be amended prior to its second reading as follows: 1. In Section 1, delete in the second line the words, "The following rates to become effective" and substitute therefor the words "not in excess of the following rates, to become effective no sooner than". 2. Add a sentence to the paragraph captioned "Exceptions" to read as follows: "The above rates may be placed into effect on any date after the effective date of this ordinance or be placed into effect in increments. Such incremental actions shall be placed into effect in a uniform manner without discrimination as to classification or geographic location of customers." City Manager Townsend next presented the ordinances, with related comments and explanations. No one from the audience spoke concerning the ordinances. Mayor Luby asked that the Council be polled for their vote. City Secretary Read stated that according to his tabulation all ordinances voted upon passed, as follows: FIRST READING OF AN ORDINANCE AMENDING SECTION 21-69 OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING AN ITEM THERETO SO AS TO DECREASE THE SPEED ON A SERVICE ALLEY RUNNING PARALLEL TO EVERHART ROAD AND STONEGATE WAY, FROM BONNER DRIVE TO CURTIS CLARK DRIVE TO 15 MILES PER HOUR AT ALL TIMES; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE AUTHORIZING CANCELLATION OF THE 20 -YEAR LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND BILLY PUGH FOR OPERATION OF A BOAT REPAIR SERVICE ON THE L -HEAD, SAID LEASE CANCELLATION TO BECOME EFFECTIVE UPON EXECUTION OF A NEW FIVE- YEAR LEASE FOR THE BOAT REPAIR SERVICE BY RAY HUNLEY AND CRAIG GARRISON. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. .Mi Re, Council Meeting .May 19, 1976 Page 5 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR LEASE AGREEMENT WITH RAY HUNLEY AND CRAIG GARRISON FOR OPERATION OF A BOAT REPAIR SERVICE ON THE L -HEAD, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF COMMUNITY ANTENNA TELEVISION SERVICES WITHIN THE CITY OF CORPUS CHRISTI BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC.; PROVIDING THAT THIS ORDINANCE SHALL NOT RESTRICT THE POWER OF THE CITY TO REDETERMINE RATES; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Gulley and Sample, present and voting "Aye"; Tipton and Lozano voting "Nay"; Gill absent. ORDINANCE NO. 13182 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 EQUIPPED 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13183 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT BETWEEN THE NUECES RIVER AUTHORITY AND THE CITY OF CORPUS CHRISTI ON NUECES RIVER RECLAMATION PROJECT, TEXAS (CHOKE CANYON RESERVOIR PROJECT), AS MORE FULLY SET FORTH IN THE PROPOSED CONTRACT, A SUBSTANTIAL COPY THEREOF BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13184 ABANDONING THE WEST 2-1/2 FEET OF A 7-1/2 FOOT UTILITY EASEMENT ON THE EAST BOUNDARY OF LOT 10, BLOCK 11, FLYWAY UNIT 1, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS SHOWN BY PLAT RECORDED IN VOLUME 41, PAGES 78 AND 79, MAP RECORDS OF NUECES COUNTY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. City Manager Townsend next presented the Text Amendment to the Zoning Ordinance to include regulations for promotional events; that the City Council held a public hearing on this proposal on March 31, 1976 at which time it was tabled so that the Staff could reword certain portions to clarify some of the questions that were raised by Mrs. Dorothy Kinsley, Manager and Promotional Planner for Parkdale Shopping Center. He explained that the ordinance has been revised to exclude displays and exhibitions and applies basically to "carnivals, circus or similar temporary amusement enterprise" which takes up off-street parking spaces. Minutes Regular Council Meeting May 19, 1976 Page 6 Mrs. Kinsley told the Council she agreed with the Staff's revisions on the Text Amendment; and she commended the Zoning and Planning Staff for their fine cooperation. Council Member Gulley proceeded to read and review the Text Amendment. Motion by Sample, seconded by de Ases and passed unanimously, that the Text Amendment be tabled for one week. Mayor Luby recessed the meeting at 3:05 p.m. The Regular Council Meeting was resumed at 3:20 p.m. Motion by Gulley, seconded by Sample and passed unanimously, to remove from the table the Text Amendment to the Zoning Ordinance concerning promotional events. Motion by Sample, seconded by Lozano and passed unanimously, to accept the ordinance as read. City Secretary Read polled the Council for their vote, and stated that according to his tabulation the ordinance voted upon passed, as follows: ORDINANCE N0, 13186 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 N0. 6106, AS AMENDED, BY AMENDING ARTICLE 14, SECTION 14-2, ARTICLE 15, SECTION 15-2 AND ARTICLE 16, SECTION 16-2, BY ADDING AN ITEM TO EACH REGARDING PROMOTIONAL EVENTS; AMENDING ARTICLE 3 BY ADDING SECTION 3-1.52.1 PROMOTIONAL EVENT; ADD TO SAID ORDINANCE A NEW ARTICLE, ARTICLE 27A, SPECIAL CONDITIONS; 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. Mayor Luby then called for petitions or information from the audience, and Mrs. Agnes McCorkle, 4643 Starlite, asked what decision had been reached regarding eliminating sidewalks from the construction improvements on Starlite Lane, since her last appearance before the Council and presentation of petition against same. City Manager Townsend responded that it is the City's policy to have sidewalks; that the Staff's recommendation for sidewalks was made and still stands, unless the Council requests further information. Dr. Tipton reviewed for Mrs. McCorkle the points brought out at the public hearing in the Starlite Lane area concerning'the construction of sidewalks, citing the safety factor, that the cost to property owners is only 75C per square foot; and that since construction is going on now it would be much easier and cheaper to lay the sidewalks at this time rather than add them years later. Mrs. McCorkle argued that there is too much vacant land, and the sidewalks are not needed now; she asked that the City wait until the whole street is completed and the area is developed, citing that if sidewalks were installed now they would have to be improved or replaced by that time. ti. ,t ' Res„,ar Council Meeting f May 19, 1976 Page 7 City Manager Townsend responded that as long as the sidewalks remain whole the property owners would not be reassessed if improvements to them are made at a later date. Mrs. McCorkle named several other property owners from the Starlite area who were in the audience and were also against the assessment for sidewalks. The Council asked that the Staff further study and report on -the matter. The meeting was recessed at 3:24 p.m. to go into Special Council Meeting for the purpose of hearing 5 zoning applications. The Regular Council Meeting was resumed at 5:40 p.m. City Manager Townsend distributed a letter to the Council from Chief of Police J. H. Avant announcing his retirement effective June 30, 1976. Mayor Luby asked that a resolution be prepared to thank him for his fine service,and suggested that a dinner be held honoring both Mr. Avant and Mr. Atige Cunningham for their many fine years of service to the City. The Staff agreed to make these preparations. Mayor Luby asked if there were other petitions or information from the audience, and Mr. Gene Bouligny, 3525 Austin, reminded the Council that the Staff was supposed to have found a solution if possible by today concerning a piece of property he purchased at a tax sale, which was later discovered to have a lien against it; he complained that he has waited over five months for the City to reach a decision regarding that. City Manager Townsend distributed to the Council a memo from Assistant City Attorney Hal George regarding Mr. Bouligny's case. City Manager Townsend reviewed that in 1973 Mr. Bouligny purchased the property at a tax sale for $3,030; that it was subsequently found to have a Small Business Administration lien against it with $5,432.68 remaining due. Mr. Townsend stated that to date the Staff has not been able to find a legal and equitable way to refund the money to Mr. Bouligny. Mr. Bouligny argued that the City has a moral responsibility to refund him, since the City failed to serve all lienholders on the property prior to the sale. He stated that Mr. Alton White, Tax Assessor -Collector, told him that the sale would be canceled and the money would be refunded to him, and Mr. White has not kept his word. In further discussion of the matter it was learned that the SBA had granted a 60 -day extension to Mr. Bouligny before foreclosing on the property. Council Member Gulley suggested that the Staff be given more time to try to work out a solution. Mrs. Betty Brandesky appeared before the Council and complained that it took one month for the tax office to send her a receipt for payment of her personal property taxes; and, furthermore, that they also enclosed, another person's receipt in error. Minutes Regular Council Meeting May 19, 1976 Page 8 She recounted that she had been told by several persons on the City Staff that City employees do not make that many mistakes; she said she personally was going to return the other tax receipt to Mr. Harold Zick, who was one of the persons who had made that statement. Mr. James Bryce, 4610 Monette, addressed the Council relative to the proposed convention center, urging them not to call an election until it has been fully resolved that there will not be an appeal by parties in the lawsuit against the City. There being no further business to come before the Council, on Motion by Sample, seconded by de Ases and passed unanimously, the Regular Council Meeting of May 19, 1976 adjourned at 5:55 p.m.