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HomeMy WebLinkAboutMinutes City Council - 12/29/1976w• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 29, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Bob Gulley Edward Sample 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 Councilmember Sample. City Secretary Read called the roll of required Charter officers; there was a quorum present. Motion by Sample that the Minutes of the Regular and Special Council Meetings of December 15, 1976 be approved; seconded by Tipton and passed unanimously. Mayor Luby announced a Proclamation for "Padre Federal Savings and Loan Association Week" --December 29, 1976 through January 4, 1977. 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 bids be received at 10;00 a.m., Monday, January 16, 1977 for the sale of Lot 24-B, Block G, Flour Bluff Estates (Linnet Court) which was acquired through delinquent tax foreclosure. b. Recommendation that two parcels of tax foreclosed property be sold as follows: (1) The W. 35' of E. 65' of Lot 23, Block 1, Laguna Acres Addition at 1238 Lolita to Mr. Jose Canales for $950 with a $150 downpayment and 48 monthly payments of $18.48 at an annual interest rate of 51%. Although the lot (35' x 175') has 6,125 square feet, it is substandard because it is not 50' wide at the building line and, therefore, it can only be used in conjunction with the abutting property. Mr. Canales' bid was the only one received. Authority to receive bids was granted on September 29, 1976. (2) The N.W. 48' of Lots 15 and 16, Block 18, Chamberlain Subdivision at 501 South Brownlee to Mr. David Saucedo for $500.00 with a $100.00 downpayment and 12 monthly payments of $34.28 at an annual interest rate of 51%. The 50' x 48' lot (2,400 square feet) will be used in conjunction with the adjoining property. The property is zoned I-2 (Light Industrial District). Mr. Saucedo's bid was the only one received. Authority to receive bids was granted on September 29, 1976. WOFILMED SEP 0 31980 Minutes Regular Council Meeting December 29, 1976 Page 2 c. Recommendation that bids be received at 11 a.m., Tuesday, January 18, 1977 for the following: (1) Automotive air conditioning repairs to City vehicles and equipment for one year. Maintenance Services is not staffed or equipped to overhaul or repair automotive air conditioners. Presently, vehicles are being taken to automotive dealers and specialty garages for this service. (2) A replacement film processor, film storage bins, film file, film I.D. printer and adjustable safelight for developing X-ray film for the Health Department. d. Recommendation that the only bid received of $22,804 from Superior Coach Sales of Texas, Inc., Dallas, for two van -type buses for the elderly and handicapped be rejected on the basis of not meeting specifications and bids again be received at 11:00 a.m., Tuesday, January 18, 1977. The bid did not meet a number of specifications, the most important being the height of the right front entrance door. The specifications called for a minimum height of 60" and the unit bid has a height of only 56". At least two other companies make units which meet specifications. The vans are included in the 1975 Urban Mass Transportation capital grant. (Bid Tab #91-76) e. Recommendation that bids be received at 11 a.m., Tuesday, January 18, 1977 for 8 replacement 27,500 GVW truck cab and chassis and related 20 cu. yd. rear loader packer bodies for garbage collection. The 1976-77 budget provides five 29 cubic yard trucks if the 29 yard truck purchased in 1975-76 produced the improved efficiency which was forecast. Tests to date of the larger truck have not been satisfactory and, therefore, continuation of the annual truck replacement program is recommended. No other trucks were purchased in 1975-76. The money allocated for the 5 larger trucks should be sufficient to replace 8 regular vehicles. f. Recommendation that a 200 foot x 100 foot lot in the commercial building site area at the Airport be leased for 5 years to Budget Rent-A-Car of Corpus Christi, Inc. for servicing of company-owned vehicles for hire at a rental rate of $.03 per square foot commencing on February 6, 1977 through November 6, 1977; $.04 per square foot from November 7, 1977 through November 6, 1979; and $.05 per square foot from November 7, 1979 through February 5, 1982. These rates are comparable to those now being paid on adjacent lots leased by Hertz, Avis and National for the same purposes. The Avis and National leases expire November 6, 1977. The Hertz lease expires June 13, 1990. g• Recommendation that plans and specifications for replacement of six 500 watt floodlights on the Cole Park fishing pier be approved and bids be received on January 18, 1977. The existing floodlights, built with the original pier, have been damaged, are badly corroded, and have been disconnected in the interest of safety. The plans provide that the replacement lights will be protected by a wire guard and the conduit be placed under the pier to minimize physical damage. This project is included in the Park Maintenance budget. Minutes Regular Council Meeting December 29, 1976 Page 3 h. Recommendation that the Clarkwood, San Juan, McNorton sanitary sewer improvements be accepted and final payment of $52,329.24 for a total of $400,692.15 be made to Abacus Corporation. This project was constructed with local funds and an Environmental Protection Agency grant. The contractor exceeded the contract time by 99 days. It is recommended that $10,000 be retained until such time as completion of the contract within the authorized time has been resolved. Reimbursement of the remaining 50% or $131,014 of the E.P.A. grant will not be approved by E.P.A. until the City submits a revised wastewater rate ordinance which E.P.A. finds to be acceptable. A staff recommendation regarding rates will be submitted in the near future. i. Recommendation that a contract be authorized with the Texas Department of Community Affairs for a Youth Conservation Corps Program. The program will involve 28 youth, 15-18 years old, throughout Texas in a summer live-in camp experience in which the youth participate in an environmental development project. The youth will work at the Oso Nursery and on improvements to Lakeview, Greenwood and West Guth Parks. The cost will be $38,000 of which the Federal share is $30,400 and the City's $7,600. The $7,600 will come from Park Trust Fund money remaining from last summer's program ($5,666) and City staff supervision ($1,934). The City has participated in a similar program for 2 years in which the youth worked on improvements - to West Guth and Lakeview Parks. j• Recommendation that the proposal of TRINITY TESTING LABORATORIES, INC., Corpus Christi, for testing of 57,800 tons of caliche for $4,624 be accepted. The other two local testing laboratories were contacted and did not express an interest in performing the testing. The price is the same as last year's. (Bid Tab i92c.76) k. Recommendation that 57,800 tons of caliche for use by the Street, Water and Wastewater Divisions be purchased from South Texas Construction Company, Corpus Christi, on the basis of the most advantageous bid of $205,577.50. The apparent low bid of $201,892.25 submitted by Heldenfels Bros. is subject to fluctuation on freight. Since this bid is only 1.8% lower than the firm price bid of South Texas Construction Company and since freight charges constitute approximately two-thirds of the price of caliche, the firm bid of South Texas Construction Company is recommended. Bids were received from three firms. Price comparison shows an increase of approximately 1.5%. 1. Recommendation that an ordinance be passed grouping County election precincts into City election precincts for 1977. The number of City election precincts will be increased from 48 to 56. Signs will be posted at County polling places which are not City polling places giving directions to the location of the appropriate City polling place. There was no discussion from the audience regarding the City Manager's Report. Motion by Gulley that the City Manager's Report be approved; seconded by Sample and passed unanimously. Councilmember de Ases on behalf of the Council next prenenIed n Certlfirnrr of Honorary Citizenship and a Key to the city to Mr. John,Staufffeerr,,whom he explained had worked with the District s �• court coordinator program and is now moving out of the state. Minutes Regular Council Meeting December 29, 1976 Page 4 City Manager Townsend then presented the ordinances. There was no discussion from the audience. City Secretary Read polled the Council; all ordinances passed, as follows: FIRST READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND PAGAN LEWIS MOTORS, INC., DBA BUDGET RENT -A -CAR OF CORPUS CHRISTI, INC., COVERING A TRACT OF LAND AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR THE PURPOSE OF INSTALLING AUTOMOTIVE SERVICE FACILITIES FOR THE SERVICING OF COMPANY-OWNED VEHICLES FOR HIRE, ALL AS IS MORE FULLY SET OUT IN THE ASSIGNMENT AGREEMENT, A COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. FIRST READING: DELINEATING CITY VOTING PRECINCTS, SHOWING CORRESPONDING COUNTY PRECINCT NUMBERS, DESIGNATING POLLING PLACE LOCATIONS, DESIGNATING ELECTION JUDGES AND ALTERNATES FOR ALL MUNICIPAL ELECTIONS, GENERAL AND SPECIAL; 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, Gulley and Sample voting Aye; Gill and Lozano absent. SECOND READING: AMENDING ORDINANCE NO. 12604, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 23, 1975, BY AMENDING SECTION 1 OF SAID ORDINANCE SO AS TO AMEND SECTION III - BUILDING CODE BOARD OF APPEALS, BY AMENDING SUBSECTIONS 111.1 - APPOINTMENT, 111.2 - TERM OF OFFICE, AND 111.3 - QUORUM, SO AS TO EXPAND THE BUILDING CODE BOARD OF APPEALS FROM FIVE TO SEVEN MEMBERS, TO PROVIDE FOR TERMS OF OFFICE, AND TO PROVIDE THAT FOUR MEMBERS RATHER THAN THREE SHALL CONSTITUTE A QUORUM; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE; 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 and Sample voting Aye; Gill and Lozano absent. SECOND READING: AMENDING ORDINANCE NO. 12604, WHICH ADOPTED THE SOUTHERN STANDARD BUILDING CODE, 1973 EDITION, AND THE 1974 REVISION, WITH CERTAIN SPECIFIED EXCEPTIONS, AS THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI, ADOPTED BY THE CITY COUNCIL ON APRIL 23, 1975, BY AMENDING SECTION 1 OF SAID ORDINANCE NO. 12604, SO AS TO AMEND SUBSECTION 2204.10 TO HEREAFTER SPECIFY THAT REQUIREMENTS FOR IMPROVEMENTS TO BUILDINGS MOVED TO NEW LOCATIONS OUTSIDE OF THE CITY LIMITS BUT WITHIN 5,000 FEET OF THE CITY LIMITS, CONFORM TO THE PLATTING ORDINANCE AND THAT EVIDENCE BE SUBMITTED AS TO AVAILABILITY OF ELECTRICITY, APPROVED WATER SUPPLY AND APPROVED SEWAGE DISPOSAL METHOD FOR ANY PERMANENT DWELLING AT THE NEW LOCATION IF WITHIN THE EXTRATERRITORIAL JURISDICTION; AMENDING SECTION 1 OF SAID ORDINANCE NO. 12604, SO AS TO AMEND SUBSECTION 2204.12 TO EXEMPT ALL BUILDINGS LESS THAN 12 FEET IN WIDTH, WHICH ALSO, ARE LESS IN DIMENSION THAN THE LIMITS FOR HEIGHT (13 FEET 6 INCHES) AND LENGTH (55 FEET), FROM THE REQUIREMENT OF OBTAINING MOVING PERMITS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. r �. Minutes Regular Council Meeting December 29, 1976 Page 5 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 13, ARTICLE II, AS MORE FULLY HEREINAFTER SET OUT; REPEALING ALL ORDINANCES AND/OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; PROVIDING FOR SEVERABILITY; 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 and Sample voting Aye; Gill and Lozano absent. THIRD READING: ORDINANCE NO. 13540 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 23, ENTITLED "HEALTH AND SANITATION", SO''AS TO CHANGE THE TITLE OF SECTION 23-57 FROM "DEPTH WARNING SIGNS AT PRIVATELY OWNED BATHING PLACES" TO HENCEFORTH BE ENTITLED "SWIMMING POOLS"; REQUIRING STANDARDS FOR QUALITY OF WATER AND FACILITIES, SAFETY AND FIRST AID; AMENDING SECTION 23-58, ENTITLED "LIFEGUARD REQUIRED AT PRIVATELY OWNED BATHHOUSE OR PUBLIC SWIMMING POOL", BY DELETING THE LAST FIVE WORDS OF SAID SECTION WHICH READ "OR BUREAU OF MINES CERTIFICATE" AND LIMITING THE REQUIREMENT OF SAID SECTION TO POOLS THAT CHARGE THE PUBLIC MONEY FOR USE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases and Sample voting Aye; Gulley voting Nay; Gill and Lozano absent. THIRD READING: ORDINANCE NO. 13541 AMENDING ORDINANCE NO. 13491, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 24, 1976, WHICH INCREASED THE TAXICAB RATES, BY AMENDING SECTION 2 OF SAID ORDINANCE, SO AS TO PROVIDE FOR CHARGE OF 20 CENTS PER TWO MINUTES OF WAITING TIME; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. THIRD READING: ORDINANCE NO. 13542 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON GOLLA AVENUE, WEST SIDE, FROM UP RIVER ROAD TO A POINT 250 FEET SOUTH OF UP RIVER ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. ORDINANCE NO. 13543 ' AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO JOSE CANALES A TRACT OR PARCEL DESCRIBED AS THE WEST 35 FEET OF THE EAST 65 FEET OF LOT 23, BLOCK 1, LAGUNA ACRES ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CONSIDERATION OF $950, ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY, EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. ORDINANCE NO. 13544 AUTHORIZING THE CITY MANAGER TO CONVEY BY WARRANTY DEED WITH VENDOR'S LIEN TO DAVID SAUCEDO AND WIFE, MARGARET C. SAUCEDO, THE TRACTS OR PARCELS DESCRIBED AS THE NORTHWEST 48 FEET OF LOTS 15 AND 16, BLOCK 18, CHAMBERLAIN SUBDIVISION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CONSIDERATION OF $500, ALL AS MORE FULLY SET FORTH IN THE WARRANTY DEED AND PROMISSORY NOTE, A COPY OF EACH BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED RESPECTIVELY, EXHIBITS "A" AND "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. Minutes Regular Council Meeting December 29, 1976 Page 6 ORDINANCE NO. 13545 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE TEXAS DEPARTMENT • OF COMMUNITY AFFAIRS FOR THE YOUTH CONSERVATION PROGRAM AND TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM; REAPPROPRIATING IN FUND NO. 162 THE BALANCE OF $5,666 OF REVENUE ACCOUNT 2429 (CONTRIBUTION FROM TRUST FUNDS) REMAINING FROM THE 1976 YOUTH CONSERVATION PROJECT; SAID SUM TO BE FOR PURCHASE OF MATERIALS AND FOR FUTURE REIMBURSEMENTS TO ACTIVITY 4122, CODE 604 FOR WORK DONE BY CITY FORCES DURING THE 1977 YOUTH CONSERVATION CORPS PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley and Sample voting Aye; Gill and Lozano absent. Motion by Tipton that Councilmembers Gill and Lozano be excused from today's meeting; seconded by Gulley. Motion by de Ases to Amend the Motion to also excuse Mayor Pro Tem Tipton's absence from the December 22 Council Meeting; seconded by Gulley. The Motion as amended passed unanimously. Mayor Luby then opened the floor for petitions or information from the audience. Mr. William M. Foster, 1118 Golla, complained of cars parking in a no parking area along Golla Street and on the sidewalk there. He asked if the ordinance just passed (No. 13542) would eliminate that problem. City Manager Townsend replied that the ordinance prohibits parking on the other side of Golla Avenue for the first 250' off of Up River Road. He also advised Mr. Foster that at no time should cars be parked on the sidewalk, and to please inform the police whenever vehicles are in violation. Mr. Foster then complained of rubbish and debris in a lot on the other side of Golla Avenue, citing a fire in the area yesterday which jeopardized nearby homes. City Manager Townsend responded that the Staff will bring a full report to the Council in the near future concerning this and other tracts of land where the fire break ordinance has not been complied with. Mr. Foster also protested that representatives of Bayfest are asking the City to pay for a secretary, coordinator and other positions for their arts staff. He stated he thought the City could use the money more wisely for other City services and for its employees. He added that he is Commander of the Disabled American Veterans, Chapter 12, and they raise their own money for their projects, rather than asking the City to fund them. r-• Minutes Regular Council Meeting December 29, 1976 Page 7 City Manager Townsend responded that the request for funding an arts staff was made to the City Council last week, and they have asked for more information as to why the City should get involved before taking any action on the request. Mr. Roosevelt Porter, 1042 Vernon Drive, protested a racial slur made by a member of the MH -MR Board of Trustees at their recent meeting -- citing that the Board makes policies for programs that affect a majority of citizens in Nueces County. He asked that the Council take some action to reprimand the individual and/or remove him from the Board, since the Council appointed him. Councilmember Gulley clarified that this member of the MH -MR Board was appointed jointly by the City Council and the Commissioners' Court. Councilmember de Ases stated his opinion that there is no justification for the man's remark, but that the person had later made a public apology for it at the board meeting; and that he feels if the apology is reflected in the minutes of that meeting, that would be sufficient. Councilmember Sample stated he does not think the statement should be "sloughed off"; that he 1s in favor of some kind of communication from the Council to the MH -MR Board or to the individual, so that he knows how the Council feels. Mayor Luby said that the statement was distasteful and he deeply regrets that it was made; he agreed that the Council should send a letter expressing their sentiments or have a personal meeting with the gentleman. Under further petitions from the audience, Mrs. Melva Medley, 1001 Golla, addressed the Council relative to yesterday's fire in the area. She stated that it was very difficult for the fire trucks to get to the fire with their equipment, and they tore up some of her fence and shrubbery. She urged action on the matter and fire break protection from the City, saying that residents have been requesting help for several months. City Manager Townsend explained that the weed control ordinance does not directly apply to large undeveloped tracts of land such as the one on Golla Avenue. He repeated that he will bring the matter before the Council in the near future with a recommendation to take legal action against the property owners. There being no further business, on Motion by Sample, seconded by de Ases and passed unanimously, the Regular Council Meeting of December 29, 1976 was adjourned at 2:50 p.m. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, having been previously approved by Council action, are by me -hereby approved, as itemized. JASON •: , YOR City of Corpus Christi Reg. Council Meeting 11/3/76 Reg. Council Meeting 11/10/76 Special Council Mtg. 11/10/76 REg. Council Meeting 11/17/76 Special Council Mtg. 11/17/76 Reg. Council Meeting 11/24/76 MICROFILMED SEP 0 31980