HomeMy WebLinkAboutMinutes City Council - 10/27/1976PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Councilmembers:
Eduardo E. de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
Hall.
Army.
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
OCTOBER 27, 1976
2:00 P.M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Jason Luby called the meeting to order in the Council Chambers of City
The Invocation was given by Major A. C. Ross, Commanding Officer of the Salvation
City Secretary Read called the roll of required Charter officers, and stated
there was a quorum present.
Motion by Sample, seconded by Lozano and passed unanimously, that the Minutes.
of the Regular Council Meeting of October 13, 1976 be approved as submitted.
Mayor Luby announced Proclamations for Telephone Pioneer Day --November 2,r 1976;
•
Jobs for Veterans Week --November 7 through 13, 1976; Incredible Edible Egg Week --
November 8 through 13, 1976; Country Music Month --November, 1976; and Rape Prevention
Month -November, 1976.
Mayor Luby then announced a presentation by Central Power and Light Company.
Mr. Wallace E. Whitworth, Manager of CP&L, reported in compliance with Ordinance No.
12038 that the average delivered cost of fuel to CP&L during October, 1976 was
$1.8832 per MMBTU, to be applied to bills rendered after October 26, their November
billing. He explained that the $1.88 fuel cost reflects an increase of 5.020 over .
last month, an increase of 62C per 1000 kwh.
City Manager Townsend announced the public hearing on the appeal of Mr. Ralph
E. Krause concerning the plat of Lexington Industrial Center, Lot 1, located on the
south side of Padre Island Drive on the eastern shore of•Cayo del Oso. He stated
that Mr. Krause is appealing the decision of the Planning Commission requiring a 30'
gas line easement for an existing high pressure gas line and the extension of a itii'
water line in a 10' utility easement along the east property 'line.
Minutes
Regular Council Meeting
October 27, 1976
Page 2
Attorney Jack White, representing Mr. Krause, explained the requirements
made by the Planning Commission. He objected to the expense of having to lay 166'
of water line and putting in a fire hydrant at that location, saying that is
"unreasonable because it will add nothing to the protection of Mr. Krause's property
whatsoever." He cited the Unitarian Church case in which the courts ruled the Church
did not have to dedicate an easement to the City.
City Manager Townsend reviewed the situation, explaining that in 1962 no
permit was required to lay the pipeline. He stated that the Staff feels that the
very least that should be done at this time is to insist that Mr. Krause dedicate a
utility easement over the gas line; and that the City probably should take some kind
of action at a later date to require removal of the fill that has been placed over
the line.
Mr. Doug Matthews, Director of Public Utilities, showed on a map of the location
that the Water Division wanted the water line extended along the length of the property
and a fire hydrant installed. He then pointed out on the map that the Planning
Commission thought,the water line should only be laid along the side of the lot; and
that the Staff then concurred.
In his response, Attorney White stressed that the requirement that the landowner
give the City an easement "is clearly contrary to the law", again citing the previous
Unitarian Church case and stating that Assistant City Attorney Bill Monkres agreed
with that statement at the Planning Commission's meeting.
City Attorney Aycock then pointed out numerous aspects of the Unitarian Church
case which differ from this situation, and cited the requirements of the Platting
Ordinance.
City Manager Townsend added that the Council changed the ordinance after the
Unitarian Church case to regulate the platting of land as well as the subdividing of
land.
In summation, Attorney White said, "the landowner contends the pipeline is
there unlawfully and later he will ask the City to remove it; but what is being
determined today is whether the City can lawfully require a landowner to give the
City an easement."
A
Minutes
Regular Council Meeting
October 27, 1976
Page 3
In further discussion, City Manager Townsend explained that the gas line •
has about 150 pounds of pressure; that either Mr. Krause or his predecessors illegally
put about 14' of fill on top of it and into the Oso; and that the 30' easement is
needed to assure maintenance of the line.
Motion by Gulley, seconded by Lozano and passed unanimously, that the hearing
be closed.
Motion by Gill, seconded by Lozano and passed unanimously, that the appeal
of Mr. Krause be rejected and the ruling of the Planning Commission insofar as the
utility easement and water line are concerned be upheld.
Mayor Luby then read an announcement that Father Raymond Pena of Our Lady of
Guadalupe Church in Corpus Christi had been promoted to Bishop.
Mayor Luby recessed the meeting at 3:00 p.m.
The meeting was resumed at 3:07 p.m. with a presentation by Mr. Claude Melton
representing BUILD. Mr. Melton addressed the Council that BUILD stands for "Blacks
United in Life Development", -and its main purpose is to improve the quality of life
for people in Corpus Christi. He explained'Ahey have drawn up a four-phase proposal
for census tract four of the city. He stated they feel the projects would enhance
the inner city area and would aid the unemployed and under -employed citizens there.
He added they believe the projects can be funded under the Public Works Act and with
Community Development monies.
Dr. Christopher explained Phase I, consisting of an outpatient clinic with
three doctors and one dentist, a day care facility to serve about 90 children ages
two months to two years, a garage, an office and a parking lot, with a total estimated
cost of $371,200.
Mr. Marvin King next presented Phase II, which he said would depend upon the
successful completion of Phase I. He explained this phase involves acquisition of
an additional parcel of land, which the owner has agreed to sell to them for the
appraised price. He described the project as five units of four-plex housing for the
ambulatory elderly, six offices and a cultural reference reading center, with a total
estimated cost of $368,960.
Mr. Larry Miller described Phase III plans for a gym complex including two
handball courts, a basketball court, a stage and a parking lot at a total cost of
about $357,000. He added that he feels a gym would provide important services to
Minutes
Regular Council Meeting
October 27, 1976
Page 4
people in the area to cut down on idle time of the unemployed and thereby reduce
crime.
Mr. Billy Coleman presented Phase TV which would be a multipurpose room
for meetings which could hold about 200 people, five additional four-plexes for
the ambulatory elderly and additional parking, at a total cost of approximately
$326,000. He stressed the need for safe and sanitary housing for elderly citizens
in the area.
Mr. Melton summed up the project and said the total cost would be about 1.5
million dollars.
City Manager Townsend responded the proposal would have,to be studied further;
He -mentioned a possible duplication of services offered by other senior centers and
the nearby gymnasium at Solomon Coles Elementary School; he also expressed concern
that the proposed day care center would be located on a very busy street. He advised
that the time constraints with the Public Works Act are very severe; that final
plans and specifications would have to be completed in less than 60 days. He added
that the Staff will be bringing forth items for the Public Works Act and would
respond to BUILD's proposal next week.
Mayor Luby then called for the pending items, and City Manager Townsend
reviewed the pending zoning case of Mr. Ismael Perez Mora, for a change of zoning
from "R -1B" to "8-1", located on the north right of way of Old Brownsville Road
opposite the intersection of Saratoga Boulevard with Old Brownsville Road. He
stated that the application was heard on March 31, 1976 and denied; that a special
permit was granted for a drive-in convenience store. He announced that the Staff
has just recently received a site plan, which they feel is satisfactory and meets
the requirements of the ordinance.
Motion by de Ases, seconded by Lozano and passed unanimously, to accept the
site plan.
City Manager Townsend then described the United Savings case, for a change
of zoning from "AT" and "B-4" to "I-2", located at the north end of Corpus Christi
Beach fronting approximately 2,360' along the west side of U. S. Highway 181 extending
westward to Hinton Industrial Channel A. He reviewed that a public hearing was held
on March 31, 1976; that on April 21, 1976 an ordinance granting "B-4" for a distance
of 130' from Hwy. 181 and "I-2" on the remainder was tabled until modification of the
Minutes
Regular Council Meeting
October 27, 1976
Page 5
"I-1" District could be considered. He reviewed that the suggested modification
was not approved; therefore, that unless action is taken on the case at today's
meeting, the application would automatically be denied since the six months' time
period has expired and the case has already been extended once.
Councilmember Gulley read an excerpt from the Minutes of the March 31 Council
Meeting pertaining to the case. He repeated his position that he believes "B-4"
would be a buffer along the highway and that "I-2" should be granted along the ship
channel, which is what he feels the channel should be used for. Most of the Council
were in agreement.
Motion by Gulley, seconded by de Ases and passed unanimously, to remove the
item from the table.
City Manager Townsend then presented the ordinances for the two foregoing
zoning cases. City Secretary Read polled the Council for their vote; both ordinances
passed, as follows:
ORDINANCE NO. 13449
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 ISMAEL PEREZ
MORA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A DRIVE-IN CONVENIENCE STORE ON A
PORTION OF TRACT 9, MARGARET KELLY LANDS, CONTAINING ONE ACRE MORE OR LESS, SITUATED
IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE
SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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, Lozano and Sample, present and voting "Aye".
ORDINANCE NO. 13450
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 UNITED SAVINGS,
BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A" AND TRACT "B" LOCATED
AT THE NORTH END OF CORPUS CHRISTI BEACH FRONTING APPROXIMATELY 2360' ALONG THE
WEST SIDE OF U. S. HIGHWAY #181 FOR A DEPTH OF APPROXIMATELY 710', AT THE SOUTH
APPROACH OF NUECES BAY CAUSEWAY, BEING APPROXIMATELY 32.89 ACRES OUT OF THE FORMER
W. E. POPE ESTATE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM
"AT" APARTMENT -TOURIST DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "B-4" GENERAL
BUSINESS DISTRICT AS TO TRACT "A" AND FROM "AT" APARTMENT -TOURIST DISTRICT AND "B-4"
GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT AS TO TRACT "B"; 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, Lozano and Sample, present and voting "Aye".
Minutes
Regular Council Meeting
October 27, 1976
Page 6
City Manager Townsend then announced the scheduled public hearing on the
preliminary assessment roll for Sidewalk Program Unit VIII on Calallen Drive, from
Smith Drive to Burning Tree Lane, west side only; on Up River Road, from Cantwell
Drive to Van Cura Drive, south side only; on Carroll Lane, from Wesleyan Church to
connection of existing sidewalk, west side only; and on McArdle Road, from Broughton
Drive to Carroll Lane, north side only.
Mr. James Lontos, Director of Engineering and Physical Development, described
the project for construction of 4' wide, 4" thick reinforced sidewalks on the streets
listed above to improve the safety of pedestrian traffic. He informed the Council
that the contract was awarded to B & B Builders on the basis of their low bid; that
construction would start in two weeks and should be completed within two -and -a -half
months. Mr; Lontos explained the assessment rates for the project per square foot,
and stated that the total contract price was $27,349.64, the preliminary assessments
total $9,625.56, resulting in a total City cost of $17,724.08. He outlined the terms
of repayment for the assessments. He added that the Staff concurs with the reduction
recommended for item 1 by Mrz Bill Holly, real estate appraiser.
Assistant City Attorney Jerry Benadum called as his next witness real estate
dealer and appraiser Mr. W. J. (Bill) Holly, Jr., and questioned Mr. Holly as to his
qualifications. A formal resume of his qualifications was offered into evidence and
is attached hereto as Exhibit "A" and incorporated herein by reference, the same as
if written herein. Mr. Holly replied to Mr. Benadum that he had examined each and
every parcel of land involved in the project and that, subject to his suggested
revision on Item 1 which the Staff concurs with, in his opinion each piece of property
on the assessment roll would be enhanced in value at least to the extent of the
assessment.
Mr. Benadum stated that concluded the testimony from the City,
Mayor Luby then opened the floor for discussion from the audience, and Col.
Frederick A. Lupton addressed the Council relative to his property (Item 1, Lot No.
26, Block A, River Forrest Addition.) He asked for more consideration than the
reduction from $605.88 to $468.54, saying he feels the assessment is unreasonable
because CP&L has a 40' easement on the property. He also told that at the time he
agreed to support the project, he understood he would only have to pay what the other
nearby property owners would pay --which would be $240. He added that he has no need
•
Minutes
Regular Council Meeting
October 27, 1976
Page 7
for sidewalks on his lot but recognizes the safety factor involved. Col. Lupton
also informed the Council of a drainage problem on his property which overflows
his septic tank. The Staff responded they would check into it.
Attorney Benadum again called Mr. Holly to the stand, asking him if he took
into consideration the existing utility easement on Col. Lupton's property when he
appraised it. Mr. Holly replied that he did, and again explained the dimensions of
the lot and his recommendation.
After discussion, it was the consensus of the Council that the assessment for
Item 1 owned by Col. Lupton be reduced to $240, which would be the same as the other
lots.
Motion by Tipton, seconded by Sample and passed unanimously, that the hearing
be closed.
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 November 10, 1976 on the
annexation of McKenzie Road from the City limits just north of IR 37
to that portion of the road being dedicated by the developers of Castle
River Unit I Subdivision.
b. Recommendation that bids be received at 11:00 a.m., Tuesday, November 23,
1976 for the printing, collating, and assembly of 500 City Zoning Map
Books. The books are then sold to the public and various City operations
at a price sufficient to cover the cost of production.
c. Recommendation that bids be received at 11:00 A.M., Tuesday, November 16,
1976 for 1976/77 requirements of tires and tubes as follows:
1. 250 Police pursuit special fabric radial tires.
2. 1,450 passenger and light commercial tires and 840 tubes.
3. 735 truck and trailer tires and 1,200 tubes.
4. 100 farm and industrial tires and 94 tubes.
5. 90 heavy equipment and off road tires and 120 tubes.
d. Recommendation that an ambulance on a one -ton cab and chassis with dual
rear wheels be purchased from Modular Ambulance Corporation, Grand Prairie,
on the basis of the only bid received of $22,228.65. Price comparison
shows an increase of approximately 25.7% since April, 1973, partly due to
revision in the specifications to provide dual rear wheels, wide rear axle
and body and increased gross vehicle weight from 8,000 to 10,000 pounds.
The changes were designed to increase vehicle stability and handling on
the road. Funds for the purchase were carried over from the 1975-76 budget.
e. Recommendation that the General Fund be reimbursed $27,495.29 for engineering
services for various Bond and Community Development projects during September,
and that an additional $15,629.71 be appropriated.
f. Recommendation that duck blinds be prohibited within 400 feet of the shoreline
on Laguna Madre. During duck hunting season, blinds are constructed in the
Laguna Madre. Pellets from shotguns often reach shore when a firearm is
discharged in that direction. The existing ordinance states that hunting
and the unauthorized discharge of firearms of any description inside the
City limits and within 400 feet of the City limits is unlawful, except in
Laguna Madre where duck hunting is allowed in season. Requiring duck
hunting blinds and structures to be 400 feet from shore will help to prevent
the discharge of firearms near the shore and occupied homes.
Minutes
Regular Council Meeting
October 27, 1976
Page 8
g.
Recommendation that a contract be approved with Corpus Christi Housing
Improvement Corporation, the new nonprofit corporation, to provide
administration of a loan fund to improve housing standards generally
within the city. The initial funds are provided under authority of
the 1976 Community Development Block Grant Program in the amount of
$500,000.
h. Recommendation that applications be submitted to the Economic Development
Administration for the following projects to be constructed under provisions
of Title I of the Public Works Employment Act of 1975: (1) Highway 9 -
Sanitary Sewer Improvements (2) Lexington Industrial Sanitary Sewer
(3) Cole Park Improvements (4) Airport Improvements (5) North Breakwater
Improvements (6) Renovation of Coliseum and Exposition Hall Restrooms
(7) Seawall and T -Head Repair (8) Demolition of Old Street Yard Building
(9) Fishing Pier on Power Street Storm Sewer Outfall (10) Staples Water
Main Replacement (11) Baldwin Water Main Replacement. Total estimate
of these projects is $2,300,000. Additional project requests will be
submitted during the next two weeks.
i. Recommendation that the revised project application for Federal assistance
for the Corpus Christi Health Center, submitted by the Texas Department of
Health Resources, be approved. The revised application includes work
under contract plus the cost of proposed equipment. The new budget indicates
that $2,200,000 will be needed to complete the project. The present
appropriation and accounts receivable from the Federal government plus
funds appropriated to cover library work total $2,076,794.23. $91,786.79
is available for appropriation, thus making the total project short by
$31,418.98. The $31,418.98 needed can be made available by revising the
appropriation for the Flour Bluff Satellite Clinic right-of-way acquisition
and architectural fees by using Revenue Sharing Funds to release the bonds
appropriated for that purpose. An appropriation of $123,205.77 is requested
to cover the purchase of equipment after bids are received plus additional
architectural fees needed for project completion. Use of revenue sharing
to make equipment purchases possible was one of the remaining revenue sharing
projects under consideration. The detailed equipment list will be submitted
later with the request to receive bids.
Recommendation that the 1976-77 budget for Fire Department Communications
(Activity 3343) be amended by eventually deleting four Fire Alarm Operator
positions and adding four civilian Dispatcher positions.
This amendment will enable the Fire Communications office to utilize non -
fire personnel for dispatching, in the same manner as is currently in use
in the Police Department. Incumbent Fire Alarm Operators and Fire Lieutenants
will be reassigned to fire suppression by promotion or voluntary transfer
after replacement dispatchers are trained.
k. Recommendation that the Coastal Bend Manpower Consortium Agreement be
amended to allow employees and elected officials of political jurisdictions
signatory to the Agreement to serve on the Planning Advisory Council. On
July 28, 1976, the agreement was amended to prohibit any person "receiving
any part of his salary from any CETA assisted program" and any "employee
or member of the governing body of any agency contacting for delivery of
CETA services" from serving on the Advisory Council. The Manpower Executive
Committee recommended this amendment at its October 21, 1976 meeting.
j•
Under discussion, Councilmember Gulley voiced his objection to acquiring more
property on the beach. Instead, he said,he favors using the money to expand the
airport parking lot, saying when Southwest Airlines begins serving Corpus Christi
there will be a definite parking shortage at the airport. He stressed that expanding
• the parking lot would also bring added revenue.
Minutes
Regular Council Meeting
October 27, 1976
Page 9
Mayor Luby then called for comments from the audience regarding the City
Manager's Report, and Mr. Joseph F. Corey spoke concerning item "f" and asked that
"shoreline" be clearly defined to avoid problems for hunters and police, explaining
that the shoreline along the Laguna Madre varies greatly with the tides.
The Council agreed that was a very good suggestion. City Manager Townsend
replied he would check the ordinance and City Code governing same to be sure the
shoreline is clearly defined.
Mr. Gary Galloway, 1318 Lum Street, inquired relative to item "i" what
interest the City has in the property if the Navy base closes.
Mayor Luby responded that the City is purchasing land for safety zones around
NAS' airfields in the hope that the Navy will stay in Corpus Christi.
Motion by Sample, seconded by Lozano and passed --with Gulley voting No on
items "i" and "k" --that the City Manager's Report be approved.
Mayor Luby then read his letter of veto of Resolution No. 13440 passed last
week confirming the appointment of Mr. William T. Utter as Director of Neighborhood
Improvement.
Motion by Gulley to override the Mayor's veto of Resolution No. 13440.
Councilmember de Ases inquired as to the timeframe when the Council must act
on the veto.
City Attorney Aycock replied that the action does not have to be simultaneous
but should be within a reasonable length of time.
Mayor Luby maintained he believes failure to act today would sustain his veto.
Councilmember Gill seconded the Motion to override the Mayor's veto of Resolution
No. 13440. In discussion, she suggested that the Council meet in private with the
City Manager before confirming future appointments "to avoid this sort of thing
happening again and so we would know for sure that the best person is being chosen."
City Manager Townsend responded that the inference that he has hired a substantial
number of management employees from outside the city limits and has not taken care of
those people who are qualified from within is not supported by facts. He stated he
has been responsible for appointments in this level since January 1, 1968; and during
that time 116 appointments and promotions were made to managerial level positions in
salary grade 29 and above throughout the City. He explained that of this total, only
Minutes
Regular Council Meeting
October 27, 1976
Page 10
21 persons --or 18% --lived outside Corpus Christi at the time of appointment, and
distributed a list of those positions to the Council. He also pointed out that in
January 1, 1968 there were no members of minority groups in Grade 29 and above;
that since that time he has appointed 20 persons to that salary range who are of
Spanish surname or Black. Mr. Townsend went on to report the figures for Fire and
Police employees in Grade 26 and above and the number of those persons of Spanish
surname or Black. He emphasized that even though the top positions in the City do not
reflect the ethnic background of Corpus Christi, the percentage is much nearer toward
that goal; and that less than one=sixth of the employees he has appointed to top
positions have been brought in from outside the city.
Councilmember Gulley then asked the City Manager if it would be allowable
under the Charter for him to follow Councilmember Gill's suggestion.
City Manager Townsend replied that the Council can set whatever policies they
choose; but that the Charter provides that the City Manager makes the appointment and
asks them for confirmation.
Councilmember Gill clarified her earlier statement, saying she meant she
believes the Council should be able to review the individual; she used the analogy
that the President of the United States confers with his Cabinet members prior to
app'inting his top officials.
City Manager Townsend repeated that the Council can make whatever intensive
review of the individual they choose; but that the Charter does not contemplate
their reviewing all applicants.
Councilmember Sample asserted that the City Manager provided each of them with
a resume of the applicant at least a week before the Resolution was placed on the agenda
to be voted upon; he stated that the Council should have gone into closed session at
that time if there were any questions or reservations regarding confirmation.
Councilmember de Ases agreed that a discussion of an applicant's qualifications
and background should be held in closed session. He added he believes the Council has
the right to ask the City Manager. "whether he has other applicants in mind and has
considered others prior to making this recommendation."
Mr. Townsend answered that he does not believe the Council can review the other
applicants, although they could review the recruitment process. He added he believes
Minutes
Regular Council Meeting
October 27, 1976
Page 11
there is a fine line as to the Council's inquiring if a certain applicant was
considered or asking the qualifications of the other applicants.
Councilmember Lozano inserted he believes it depends on the position; that
for some jobs, a knowledge of the city and the people whom the applicant would be
working with is much more important than a college degree, he stated.
City Manager Townsend inserted that it would have been no problem to go
into a closed session regarding this particular applicant, because he submitted the
person's name before the Council a week in advance. Mayor Luby said he had told
the Assistant City Manager about his reservations but they still didn't go into closed
session for discussion. Councilmember Sample responded to the Mayor that he (the
Mayor) should have asked for the closed session to clear the matter up.
City Manager Townsend summed up that the matter before the Council is whether
a Division head is going to be selected by that Department head to carry out the job
he will be responsible for; he repeated that the person selected for this position must
have competency in carrying out federal projects which are very complex; that there is
an urgent need to start the Neighborhood Improvement Program; and that if this person
is rejected he would have to start the whole application process over because he does
not feel there is a qualified second applicant.
Mayor Luby called for the vote on the Motion on the floor, that being to override
the Mayor's veto of Resolution No. 13440. The Motion passed, with Luby and Lozano
voting No.
Mayor Luby then called for the ordinances. City Manager Townsend presented
the following ordinances, with related comments and explanations. There was no
discussion from the audience. Mayor Luby declared the ordinance making changes in
classifications within the Fire Department to be heard on three readings rather than
as an emergency. There being no further discussion, City Secretary Read polled the
Council for their vote. All ordinances passed, as follows:
FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, BY AMENDING SECTION 33-75, DISCHARGING FIREARMS; DUCK HUNTING, SO AS
TO MAKE IT UNLAWFUL FOR ERECTION OF DUCK BLINDS OR USE OF DUCK BLINDS WITHIN 400 FEET
OF THE SHORELINE IN TETE LAGUNA MADRE; PROVIDING FOR SEVERANCE; 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, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
Minutes
Regular Council Meeting
October 27, 1976
Page 12
SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AN ASSIGNMENT
OF THE AIRPORT LIMOUSINE FRANCHISE BY BOB G. WELCH AND RUBY WELCH DBA AIRPORT
LIMOUSINE SERVICE TO AIRPORT TRANSPORTATION OF CORPUS CHRISTI, INC., A SUBSTANTIAL
COPY OF WHICH ASSIGNMENT AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A".
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 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, BY ADDING A NEW SECTION TO CHAPTER 12, ARTICLE II MARINA, TO BE DESIGNATED
AS SECTION 12-79, SLIP RENTAL CONTRACT, PROVIDING FOR SLIP RENTAL DEPOSITS; PROVIDING
FOR CANCELLATION NOTICE BY TENANT, PROVIDING FOR A DELINQUENT PAYMENT CHARGE; PROVIDING
FOR FORFEITURE OF DEPOSIT; PROVIDING FOR CONTRACTUAL AUTHORITY TO SELL CRAFT AT PUBLIC
AUCTION FOR DELINQUENCIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN
EFFECTIVE DATE; 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. 13451
THIRD READING OF AN ORDINANCE AMENDING THE 1976-77 BUDGET BY CANCELLING THE ESTIMATED
REVENUE FROM MARINA FACILITIES RENTAL IN THE GENERAL FUND, BY CANCELLING GENERAL FUND
APPROPRIATIONS FOR THE MARINA ACTIVITY, BY THE REVISION OF ESTIMATED REVENUES FOR THE
MARINA FACILITIES FUND AND ESTABLISHING NEW APPROPRIATIONS FOR THE MARINA FACILITIES
FUND.
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. 13452
THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL
fS ON CE;LAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT
A ''NES ON BOTH SIDES OF AYERS STREET FROM BALDWIN BOULEVARD TO NORTON STREET; AND
' TNG FOR PUBLICATION.
1111 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. 13453
THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, BY REPEALING ORDINANCE NO. 12850, PROVIDING FOR ONE-WAY STREET AND ALLEY
D'/ NATION FOR FRANCESCA STREET, FROM CHIPPEWA STREET TO RUTH AND IN LIEU THEREOF
AL)iNG AN ITEM TO SECTION 53.250, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, SO AS TO
PROVIDE FOR ONE-WAY DESIGNATION FOR FRANCESCA STREET, FROM CHIPPEWA STREET TO HIGHLAND
AVENUE BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M. AND 3:00 P.M. AND 4:30 P.M., DURING
SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
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. 13454
APPROPRIATING THE SUM OF $15,629.71 AS FOLLOWS:
$1,690.92 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502
$3,832.36 OUT OF THE NO. 220 STREET BOND FUND
$1,816.02 OUT OF THE NO. 245 AIRPORT BOND FUND
$6,621.98 OUT OF THE NO. 250 SANITARY SEWER BOND FUND
$1,668.43 OUT OF THE NO. 291 PARK BOND FUND
Minutes
Regular Council Meeting
October 27, 1976
Page 13
TO SUPPLEMENT $11,865.58 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL
AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $27,495.29
TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING THE MONTH OF
SEPTEMBER, 1976; 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. 13455
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THEREBY ENTER INTO A CONTRACT WITH THE
CORPUS CHRISTI HOUSING IMPROVEMENT CORPORATION WHEREIN THE CORPORATION IS TO PROVIDE
CERTAIN SERVICES AS DETAILED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND
ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PURPOSES OF SAID CONTRACT; 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. 13456
AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE ECONOMIC DEVELOPMENT ADMIN-
ISTRATION FOR THE FOLLOWING PROJECTS TO BE FINANCED UNDER TITLE I OF THE PUBLIC WORKS
ADMINISTRATION ACT OF 1975:
(1) HIGHWAY 9 - SANITARY SEWER IMPROVEMENTS
(2) LEXINGTON INDUSTRIAL SANITARY SEWER
(3) COLE PARK IMPROVEMENTS
(4) AIRPORT IMPROVEMENTS
(5) NORTH BREAKWATER IMPROVEMENTS
(6) RENOVATION OF COLISEUM AND EXPOSITION HALL RESTROOMS
(7) SEAWALL AND T -HEAD REPAIR
(8) DEMOLITION OF OLD STREET YARD BUILDING
(9) FISHING PIER ON POWER STREET STORM SEWER OUTFALL
(10) STAPLES WATER MAIN REPLACEMENT
(11) BALDWIN WATER MAIN REPLACEMENT;
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. 13457
AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED GRANT AGREEMENT WITH THE DEPARTMENT
OF HEALTH, EDUCATION AND WELFARE FOR THE CORPUS CHRISTI HEALTH CENTER, A SUBSTANTIAL COPY
OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF;
APPROPRIATING $123,205.77 OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND TO PROVIDE FOR
THE PURCHASE AND PAYMENT OF THE EQUIPMENT FOR THE HEALTH CENTER, SUBJECT TO ADVERTISING
FOR BIDS AND AWARDING EQUIPMENT PURCHASE CONTRACT, PLUS ADDITIONAL ARCHITECTURAL FEES
AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 268-72-1; 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. 13458
AMENDING ORDINANCE NO. 11404, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 20, 1973,
BY AMENDING SECTION 1 SO AS TO CHANGE THE NUMBER OF SATELLITE HEALTH CLINICS TO BE
DESIGNED UNDER PROJECT NO. 207-72-3.2 FROM THREE TO TWO; AMENDING SECTION 2 OF SAID
ORDINANCE NO. 11404 BY CANCELLING $11,418.98 FROM SAID APPROPRIATION, APPLICABLE TO
PROJECT NO. 207-72-3.2, AND AUTHORIZING THE TRANSFER OF AN APPROPRIATION OF $11,418.98
FROM THE NO. 126 GENERAL REVENUE SHARING FUND TO THE SAID PROJECT TO COVER ARCHITECTURAL
FEES RELATED TO THE FLOUR BLUFF PORTION OF THE PROJECT; 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".
Minutes
Regular Council Meeting
October 27, 1976
Page 14
ORDINANCE NO. 13459
AMENDING ORDINANCE NO. 12769, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 27,
1975, BY AMENDING SECTION 2 SO AS TO CANCEL THE SUM OF $20,000 FROM THE NO. 268
HEALTH FACILITIES BOND FUND AND AUTHORIZING THE TRANSFER OF AND APPROPRIATION OF
$20,000 OUT OF THE NO. 126 GENERAL REVENUE SHARING FUND TO PROJECT NO. 268-72-3
TO COVER RIGHT OF WAY ACQUISITION FOR THE FLOUR BLUFF SATELLITE CLINIC; 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 AN ORDINANCE AMENDING THE BUDGET FOR FY 1976-77, ADOPTED BY ORDINANCE
NO. 13309, BY DELETING FOUR BUDGETED FIRE ALARM OPERATOR (OR FIRE LIEUTENANT) POSITIONS
AND BY PROVIDING FOR THE ADDITION OF FOUR FIRE DISPATCHER POSITIONS ( SALARY GRADE 20)
IN ACTIVITY 3343.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present
and voting "Aye".
ORDINANCE NO. 13460
AMENDING THE COASTAL BEND MANPOWER CONSORTIUM AGREEMENT AUTHORIZED BY ORDINANCE NO.
13099, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 24, 1976, AND AS AMENDED BY
ORDINANCE NO. 13307, PASSED AND APPROVED ON JULY 28, 1976, BY AMENDING SECTION 6,
PARAGRAPH 2, SO AS TO PERMIT EMPLOYEES AND ELECTED OFFICIALS OF POLITICAL JURISDICTIONS
SIGNATORY TO THE AGREEMENT TO SERVE ON THE PLANNING ADVISORY COUNCIL; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the following
vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley
voting "Nay".
City Manager Townsend next explained the tabled item of the closing of Old
Brownsville Road from Hiawatha to Morgan. He reviewed that the hearing on the matter
wes closed on October 20, 1976 and action was delayed until the Staff could develop
an alternative proposal which would be acceptable to the abutting property owners.
He explained the alternative proposal provides for closing Hiawatha Street from Old
Brownsville Road to Morgan and that portion of Old Brownsville Road in front of Lots
1-A and 1-B. He stated the remaining part of Old Brownsville Road would be realigned
to provide a safer intersection with Morgan Avenue. He suggested that a public
hearing be held on November 17th on the closing of Hiawatha Street.
Motion by Gulley, seconded by Sample and passed unanimously, to set the hearing
for the closing of Hiawatha Street on November 17, 1976.
Mayor Luby opened the floor for petitions or information from the audience,
and Mr. Wilbur Potts, President of LaArmada senior citizens dance club, read a letter
from Mrs. Ruth Mary Price, Director of the Housing Authority, informing them that
the Board of Commissioners of the Housing Authority determined that the LaArmada will
Minutes
Regular Council Meeting
October 27, 1976
Page 15
no longer be available for their dances after November 6 "because their use does
not conform to long-term policy." He stated that Mrs. Price said there were only
six persons who lived in the housing project that attended the dances, but one of
their members compiled a list of at least 29 persons.
City Manager Townsend figured up that the $25.00 per night fee which the City
began paying to sponsor the dances after Mr. Potts' last visit to the Council would be
a substantial amount on a yearly basis; he asked Mr. Potts if another center or
location might be suitable for their dances.
Mr. Potts replied that about 35 or 40 of the people walk to the LaArmada; that
some are within half a block; and that they could not relocate to another center.
In further discussion, Councilmember Gulley explained to Mr. Potts that the
City Council appoints the members of the Housing Authority Board but that the Board
is autonomous; that Mrs. Price was correct in her statement to Mr. Potts that she does
not work for the City.
Mayor Luby asked that the members of the Board be invited to the November 10
Council Meeting along with Mrs. Price to discuss the matter and work out a solution.
It was agreed.
Mayor Luby declared a recess at 5:27 p.m.
The Regular Council Meeting was resumed at 5:35 p.m. with a presentation by
Mr. Robert Koimn, an architect, regarding establishment of a Mexican -American Cultural
Center. He addressed the Council that a group of citizens started planning the center
about a year ago and recently submitted their final presentation to the Park Board and
Landmark Commission. He explained that their committee is forming a nonprofit corpora-'
tion called the Mexican -American Cultural Institute; that this project is called
Plaza de Amistad.
Mr. Roimn proceeded with an extensive slide presentation showing their plans
to convert the old incinerator building on Greenwood Drive near Port Avenue into the
center, with a stage, library, meeting room, aviary, a small retail shop, an urban
park and an exhibit area. He explained the extent of remodeling which would be
necessary, saying it would turn the building into something the entire town would be
proud of, especially the Mexican -American community. He estimated the total project
cost to be $496,000 with an operating budget of about $100,000 a year. He explained
funding possibilities for the proposal. Mr. Koimn stressed that they believe the
center would revitalize that entire area of town, adding he has been told by other
Minutes
Regular Council Meeting
October 27, 1976
Page 16
people in the vicinity that they would make improvements to their property if the
center were constructed there.
Councilmember Sample thanked Mr. Koimn for his fine presentation and a
very good proposal. Under discussion, City Manager Townsend stated the Staff would
study this proposal and the proposal presented earlier today by BUILD and assist
both groups with their applications for funds.
There being no further business, the Regular Council Meeting of October 27,
1976 was adjourned at 6:50 p.m.