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HomeMy WebLinkAboutMinutes City Council - 10/06/1976• PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample Christ. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 6, 1976 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Reverend B. L. Robertson of the Church of God in City Secretary Read called the roll and stated there was a quorum present. Motion by Tipton, seconded by Sample and passed unanimously, that the Minutes of the Regular and Special Council Meetings on September 22, 1976 be approved as submitted. Mayor Luby announced he issued the following Proclamations:! International Alpha Delta Kappa Week --October 10 through 16, 1976; and Corpus Christi Confederate Air Force Days --October 9 and 10, 1976. Council Member Lozano read a telegram from the Bayfest 76 Committee thanking the City and Council for the support and assistance provided toward that event, which helped to make it a great success. Mayor Luby presented 30 -year service pins to the following employees: Mr. Wade Aust, an Equipment Operator III with,the Sanitation Department; Mr. T. G. Castillo, a Fire Captain with the Fire Department; Mr. R. E. Chapman, a Fire Captain with the Fire Department; Mr. Anastacio"Garcia, an Equipment Operator I with the Water Department; Mr. Ben C. Garza, a Building Inspector with the Inspections Department; and Mr. Antonio Lopez, a Filter Plant Operator with the Water Department. The Council thanked the employees for their many years of fine service to the City. Motion by Tipton, seconded by Gill and passed unanimously, to confirm the following appointments to Boards and Commissions: to the Bay Drilling Committee -- Mr. Dudley Strother (oil industry member) and Mr. Lester K. Moeller (alternate member from the oil industry), terms to expire 12-31-78 and 12-31-77, respectively; and to the Building Code Board of Appeals --Mr. Arlin Yeager, Jr. (architect), term to expire 5-4-79. ` Minutes Regular Council Meeting October 6, 1976 Page 2 City Manager Townsend then announced the public hearing regarding the proposed closing of a portion of Old Brownsville Road from Hiawatha to Morgan Avenue. He explained that the right of way and an adjacent triangular tract of right of way is proposed to be deeded to abutting property owners; that the City will need to retain a utility and drainage easement over the abandoned right of way. He added that the property owners involved will be asked to pay the cost of removing the pavement. Director of Engineering and Physical Development James Lontos described the project more fully, explaining that the Staff's idea to close that portion of Old Brownsville Road would also eliminate the five -way intersection currently planned and A would improve the traffic situation on those streets, in addition to giving the abutting property owners more land. He added that there are only a few property owners involved; that each of them have been contacted by letter in addition to some telephone conversations; and that the Staff offered to meet with each of them on their property if they so desired. City Manager Townsend read a telegram from Mr. and Mrs. Carl Clayton of McAllen, Texas, saying they would be unable to attend the public hearing and requesting additional information from the Staff such as approximate cost to them, amount and use of footage gained, and assurance of entrance to their property from Morgan Street; that until they receive a reply as to the above they are against closing that portion of the street. Mrs. Nancy Bowen, 435 Bermuda, asked if the property owners would have to pay the cost of removing the pavement. Mr. Lontos replied that the Staff proposes that the cost of removing the existing pavement be prorated to the property owners involved in exchange for the right of way and land which will be turned over to them. Mrs. Bowen then explained that she does not wish the pavement on her portion to be removed, as she would use it for a parking lot. Mr. Lontos replied that the Staff would check into that possibility. Mr. R. L. Elliott, owner of Lot 2, inquired about the location of the new driveway into his property, and also commented that he believes the change would create a traffic hazard. City Manager Townsend responded that the Staff feels the traffic would move through the area better and that it would be safer than having a five -way intersection as previously planned. ...nutes Regular Council Meeting October 6, 1976 Page 3 Mr. Jimmy Ray Posderny agreed with the other property owners that it would create more traffic problems. Mrs. Posderny concurred that it would increase the danger to residents in the area; she told of an accident in which a car had crashed through one of the houses and killed an infant. Council Member Gulley asserted that the Staff should have gone out to the location and talked with the four or five property owners involved to fully explain the proposal and how it would affect them so they would have a better understanding of the situation. After further discussion, it was decided that members of the Staff would meet with the property owners concerned on the site at 3:15 p.m.; and the public hearing was recessed for one week. City Manager Townsend next announced the appeal of Mr. Kemp Adams representing Weber Square Apartments regarding alleged damage to their parking lot from erosion in an adjacent ditch. Mr. Townsend stated the Staff's position is that the ditch was constructed prior to the apartment complex; that the builder and owner were advised by the City that their property should not drain directly into the ditch but into a storm sewer first and then into the ditch. He went on to explain that that advice was disregarded and that the situation is causing a considerable erosion problem which the City feels resulted from the owner's not providing proper drainage; therefore, that it is the owner's responsibility to correct the problem. He stated that the owner is requesting that the City construct a storm sewer to a point past his apartment buildings. Attorney Kemp Adams referred to his letter to the Council of September 16 charging that "surface water from other areas comes through the above storm sewers with great force causing the east side of the drainage ditch south of Weber Road to collapse"; and a deep hole has been formed. He stressed that there is an ever-increasing danger of foundation damage to the apartment units, which would result in a claim from the owner against the City for the loss. Mr. Kemp also read from a letter from Chief Engineer Gerald Smith to the manager of the apartments which stated that improvements to Tiger Ditch would be considered along with other drainage items when the next community bond referendum is being formulated. City Manager Townsend responded that Staff members should not make promises or give false hope as to what would be considered in the next bond issue, as there may be many other items of a higher priority at that time. He emphasized to the Minutes Regular Council Meeting October 6, 1976 Page 4 Council that open ditches should be an acceptable way of draining property as it's too expensive to enclose them in concrete boxes. Mr. Charlie Dodd told the Council he purchased the Weber Square Apartments about two years ago, and emphasized that he believes the property will be damaged very soon due to the extensive erosion. He stated he is trying to prevent deterioration of a multimillion dollar project by a drainage problem and warned he is also trying to prevent a lawsuit. He acknowledged that the ditch served the purpose for some time, but increased traffic and population in the area later placed more stress on it. He cited that a car and a motorcycle have driven off into it; that there is sometimes as much as eight feet of rushing water in it during flooding, creating a very dangerous situation for children. Council Member Gulley stated he had personally looked at the ditch only a day ago and is fully convinced that the erosion is the owner's problem --not the City's. He pointed out that the west side of the ditch is smooth with no erosion taking place, as opposed to the east side adjacent to the apartment units' parking lot. Mr. Gulley also informed the Staff that there is a lot of oil in the ditch which they should ch=_ck into. Mayor Luby asked the Staff for a full report on the water flow and problem. Council Member Sample inquired if the existing pipes carry more water than .he amount which comes off the apartments' parking lot. Director of Engineering and Physical Development Jimmy Lontos answered yes, but the velocity of the flow of the water is reduced and would not cause erosion; he added that the lots on the west side of the ditch were graded so that a very low volume of water drains into Tiger Ditch. Further discussion followed. Replying to Council Member de Ases, City Manager Townsend explained that building a parking lot requires no City permit; nor is there any provision for making an owner or builder acknowledge advice from the City relative to their construction plans. Mr. Townsend read a portion of the Staff's letter to the previous owner in 1971 advising against draining his property directly into Tiger Ditch. He further stated that the Staff feels if the water was not coming from their parking lot into the ditch, the erosion would cease. Attorney Adams stressed that they are willing to work with the Staff toward a possible solution. He agreed that perhaps Council Member Gulley's suggestion could be followed --that they would buy the pipe needed to take the water past their property and the City would install it. Minutes Regular Council Meeting October 6, 1976 Page 5 City Manager Townsend responded that the Staff would be happy to give them a design and estimate. The appeal was recessed for two weeks to await a report from the Staff. Mayor Luby called for Mrs. Susan Kennedy and Mrs. Katherine Childers to come forward and instructed City Secretary Read to read aloud the Resolution regarding Bayfest '76. Mayor Luby thanked the ladies for their work toward that event. The ladies again thanked the City Council, City Departments involved and the whole community for the overwhelming support received. City Secretary Read then polled the Council for its vote on the Resolution; it passed unanimously, as follows: RESOLUTION NO. 13431 RESOLUTION THAT THE CITY COUNCIL HEREBY EXPRESSES ITS DEEP APPRECIATION AND PAYS TRIBUTE TO THE MANY CIVIC ORGANIZATIONS, COMMUNITY GROUPS AND HUNDREDS OF VOLUNTEERS WHO FREELY GAVE OF THEIR TIME, EFFORT AND TALENT TO MAKE BAYFEST '76 A HIGHLIGHT OF THE CITY OF CORPUS CHRISTI'S CELEBRATION OF OUR NATION'S 200TH BIRTHDAY AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mayor Luby then called for the City Manager's Report. City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that a public hearing be held on October 20, 1976 on the request of the developers of Castle River Subdivision, Unit 1, for con- tractual annexation to the City. The subdivision is located between Interstate 37 and the Nueces River at McKinzie Road. b. Recommendation that bids be received at 11 a.m., Tuesday, October 26, 1976, for the following: 1. 82,600 pints of milk for the Elderly Nutrition Program. 2. A one-year contract for dust control and shop towel service, 3. 16, 50 -yd. rolls of reflective sheeting and 230 packages of upper case letters for the Traffic and Transit Department for use on traffic signs and markings. c. Recommendation that bids be received at 11:00 a.m., Tuesday, November 2, 1976 for a 1,000 gallon foam aircraft fire rescue vehicle, diesel powered. On September 22, acceptance of a Federal Aviation Administration grant for 90% of the cost of the vehicle was authorized. The City's 10% will be provided from the Airport Bond Fund. There are currently three fire rescue vehicles at the Airport. One is a 1951 Fire Department pumper which will not meet F.A.A. discharge or response requirements. d. Recommendation that the following actions be taken regarding the Washington Carver Area Unit II Street Improvements project: 1. the public assessment hearing held on September 28, 1976 be closed and the assessment roll be adopted. 2. a contract be awarded to Asphalt Maintenance Company, Inc. for $263,379.30 and $282,000.00 be appropriated, including engineering and related expenses. The assessment roll includes 200 items. Total assessments are $113,813.47. Minutes Regular Council Meeting October 6, 1976 Page 6 e. Recommendation that the building and equipment formerly used by the Intra- coastal Cafe on Tract 5 of John F. Kennedy Causeway be sold for nonpayment of taxes on October 18, 1976, and that a lease of Tract 5 be awarded to the successful purchaser of the building and equipment. The lease would limit the use to food and beverage service, and the monthly rent would be $200 or 2% of gross sales, whichever is greater. The Small Business Administration's lien only involves the restaurant equipment and will be dissolved by the tax sale. f. Recommendation that a public hearing be held on October 20, 1976 on the request of Corpus Christi Transportation Company for a taxicab rate increase. The present rate is 65t for the first 1/3 mile and 10t for each additional 1/6 mile or fraction thereof. The requested rates are 95d for the first 1/3 mile and 20t for each additional 1/3 mile or fraction thereof. g. Recommendation that a shuttle bus service in the area generally from Waco Street to North Water Street and from Kinney Street to Taylor Street be established for a 90 day trial period beginning in mid-November and that any operating costs not offset by operating income be offset by a transfer from the General Fund from salary underruns during the first quarter. h. Recommendation that the appointment of Mr. Tom Utter as Director of Neighbor- hood Improvement Program be confirmed. Mr. Utter is presently employed as Director of the Sinton Development Agency and has six years of experience in supervising Neighborhood programs. He is 31, has a Bachelor's Degree and has completed all courses work toward a Master's Degree in Economics. He will be available to begin work during the first week in November. i. Recommendation that a resolution be passed expressing the City Council's deep appreciation to the many civic organizations, community groups and hundreds of volunteers who gave of their time, efforts and talents in making Bayfest '76 a success. The resolution particularly expresses appreciation to Mrs. Susan Kennedy and Mrs. Katherine Childers, co -chairpersons for Bayfest '76. The resolution also encourages all those who were involved in the festival to continue the event on an annual basis. j. Recommendation that a resolution be passed expressing the City Council's sympathy to the family of Mr. Baxter Jackson upon his recent death. Under discussion of the City Manager's Report, Mayor Luby voiced his opposition to recommendation "h", stating he does not believe it is fair to repeatedly go outside Corpus Christi to fill top positions. City Manager Townsend responded that is a very important position, requiring a college degree and much expertise, with the responsibility of applying for and administering HUD's program. He stated that of the applications received, Mr. Utter was by far the most qualified for the job. Mayor Luby repeated he is "embarrassed" that several top positions were filled recently by persons from outside the community. Council Member Gulley stated he believes a person's qualifications are the most important consideration, and not whether he resides in the city. City Manager Townsend explained that the Staff feels there are a number of competent people in that department, but none with a comprehensive knowledge of the federal regulations and of administering the program. Council Member Sample said in this case he believes hiring someone from outside the city was justified; _es Regular Council Meeting October 6, 1976 Page 7 that some times it is good to get fresh new blood in the organization; and that in the future if there are questions concerning an appointment he thinks the Council and Staff should get together and discuss it before reaching this point. Council Member de Ases repeated his suggestion that future appointees be given an opportunity to visit with members of the Council, stating that there was not much time to talk with• Mr. Utter during the break of the morning's Workshop Meeting. Council Member Lozano added that he also strongly favors having people coming from within the ranks, although he agrees that this position may have been an exception. In other discussion, Mayor Luby asked if the security on the T -Heads could be increased, citing two recent break-ins to boats on the Lawrence Street T -Head. City Manager Townsend replied that the Staff would pursue that idea further when the rates . for the marina slips are reconsidered. There was no discussion from the audience regarding the City Manager's Report. Motion by Sample, seconded by Lozano and passed --with Tipton voting No on item "h" --that the City Manager's Report (items "a" through "j") be approved. City Manager Townsend then presented the ordinances. There was no discussion from the audience. Mayor Luby declared that the resolution confirming the appointment of Dir. William T. Utter as Director of Neighborhood Improvement would be heard on three readings rather than as an emergency. Mayor Pro Tem Tipton urged Mayor Luby `o reconsider that action, stressing that it is very important to get the community development program underway; he urged Mayor Luby to consider the long-term ramifications of his delaying passage of the resolution. Mayor Luby answered that it's his prerogative to put any ordinance on three readings and that he thinks the citizens have the right to come before the Council and voice their opinion. He repeated for the record that he objects to the hiring of anyone out of the city; he warned he may veto the resolution later. • Council Member de Ases expressed that he thought it unfortunate that the new employee be hired with two negative votes. Mayor Luby called for the vote on the ordinances. City Secretary Read polled the Council. All ordinances voted upon passed, as follows: Minutes Regular Council Meeting October 6, 1976 Page 8 SECOND READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-255, SCHEDULE VI, DECREASE OF STATE LAW MAXIMUM SPEED, SO AS TO DECREASE THE SPEED ON ALL ROADS AND PARKING LOTS IN COLE PARK 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 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". THIRD READING: ORDINANCE NO. 13432 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT LEASING THE SPACE, BUILDINGS AND FIXTURES AT 902 PARK AVENUE IN SOUTH BLUFF PARK TO THE ART COMMUNITY CENTER, IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13433 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: WASHINGTON -CARVER AREA UNIT II, 1. TARLTON STREET, FROM GREENWOOD DRIVE TO CHEYENNE STREET; 2. CHEYENNE STREET, FROM TARLTON STREET TO MORGAN AVENUE; 3. ELGIN STREET, FROM SOLEDAD STREET TO TARLTON STREET; 4. NOGALES STREET, FROM ELGIN STREET TO CARVER STREET; 5. GUADALUPE STREET, FROM ELGIN STREET TO CARVER STREET; AND 6. WASHINGTON STREET, FROM TARLTON STREET TO DUNBAR STREET, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS 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, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13434 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE COMPANY, :NC., FOR WASHINGTON -CARVER AREA, UNIT II, STREET IMPROVEMENTS, INCLUDING CHEYENNE, TARLTON, ELGIN, NOGALES, GUADALUPE, AND WASHINGTON STREETS; APPROPRIATING A TOTAL OF $282,000, OF WHICH $113,813.47 IS OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-1.7, FOR THE CONSTRUCTION CONTRACT, AND $168,186.53 IS OUT OF THE NO. 162 FEDERAL/STATE GRANT FUND, ACTIVITY 4734, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, GRANT NO. B -76 -MC -48-0502, $149,565.83 BEING FOR THE CONSTRUCTION CONTRACT AND $18,620.70 BEING FOR INCIDENTAL AND RELATED EXPENSES; AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE IN THE NO. 220 STREET BOND FUND FOR SAID APPROPRIATION OF $168,186.53 FOR THE SAID PROJECT NO. 220-72-1.7; 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". FIRST READING OF A RESOLUTION CONFIRMING THE APPOINTMENT OF WILLIAM T. UTTER TO THE POSITION OF DIRECTOR OF NEIGHBORHOOD IMPROVEMENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3. The foregoing resolution was read for the first time and passed to its second reading by the following vote: de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Tipton voting "Nay". RESOLUTION NO. 13435 RESOLUTION EXPRESSING THE CITY COUNCIL'S SYMPATHY TO THE FAMILY OF MR. BAXTER JOHNSON UPON HIS RECENT DEATH; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". es Regular Council Meeting ' October 6, 1976 Page 9 Mayor Luby then called for petitions or information from the audience. Representatives of the Lantana Sports Complex presented the Council with tickets to the first basketball game in their newly completed gymnasium. They also reported that construction on the ball park would start in about two weeks and should be finished in February. Mr. Jim Boggs informed the Council that a young architect, Mr. John Wright, was interested in giving the Pax Christi house to the City.as a historical landmark. Mr. Wright explained his plans further, stating that he had recently acquired the house from an adjacent church; that he must move it from the premises as soon as possible or it would be torn down. He explained that he has no place to move the house; that he would pay for the expense of moving it if it could be stored somewhere in the Bayfront Arts and Science Park until plans for the house could be finalized and it could be restored. He added that he has received an offer from an individual to move it out of the city, but thinks it should be retained in Corpus Christi and be preserved. He added that there is about 1200 square feet of space in the house and that it has been estimated that it would take from $30,000 to $60,000 to restore it. After some discussion, it was the consensus of the Council that it would be acceptable to store the house in a portion of the Bayfront Arts and Science Park because of its historical nature, with the responsibilities and liabilities of both parties clearly defined. Mayor Pro Tem Tipton stated that he does not wish to give Mr. Wright false hope, explaining that there is a limited amount of funds available in the city for this type of work, and there are several other substantial restoration projects underway at this time. Motion by Gill, seconded by Gulley and passed --with Tipton voting No --that the Pax -Christi house be allowed to be stored at the Bayfront Arts and Science Park subject to a satisfactory exchange of letters as to the responsibilities of both parties and that the City not be financially committed. Mr. Bob White thanked the Council for their attention to his request last week concerning his church's sign; he said the City Attorney had determined that the sign was legal and therefore it would be allowed to remain. City Manager Townsend explained for several other persons in the audience that the Council in the morning's Workshop Meeting tabled the discussion regarding regulation of swimming pools for four weeks to gain additional input from the community, the Texas Health Department, and other cities. He gave them copies of the ordinance which had Minutes ' Regular Council Meeting October 6, 1976, Page 10 been drafted regarding safety features for swimming pools usedby the public, and invited their comments. Mr. Bobby Jones, general manager of the Tally -Ho Motel, objected that a fence around his motel's swimming pool would ruin the view from his restaurant. He challenged that swimming pools which aren't fenced are no more dangerous than the bay. The owner of the Gulfway Motel expressed that he doesn't believe the problem is pools which aren't fenced in, but rather lack of supervision by the parents. He maintained that if 'a motel is properly managed, children would not be at the pool area without their parents. City Manager Townsend informed the Council that the Community Action Agency has requested that the City give them two 1969 and two 1972 half -ton trucks which are scheduled for auction. He said that the vehicles are worth about $1,900; that' the Community Action"Agency would utilize them for its housing rehabilitation'program. It was the consensus of the Council that the contribution of the four above- , specified trucks be made to them, subject to their removing four vehicles from their • fleet. There being no further business to come before the Council, on Motion by Lozano, SAconded by. Sample and passed unanimously, the Regular Council Meeting was adjourned at 5:10 p.m. r fi a .14 I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of September 1, 1976 through September 29, 1976, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: 9/01/76 - Regular Meeting 9/08/76 - Regular Meeting 9/08/76 - Special Meeting 9/15/76 - Regular Meeting 9/15/76 - Special Meeting 9/22/76 - Regular Meeting 9/22/76 - Special Meeting 9/28/76 - Special Meeting 9/29/76 - Regular Meeting 9/29/76 - Special Meeting JASON FBY., Mayor City of Corpus CHristi MICROFILMED