HomeMy WebLinkAboutMinutes City Council - 03/23/1977PRESENT:
Mayor Jason Luby
Mayor Pro Tem Bill Tipton
Councilmembers:
Eduardo E. de Ases
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
MARCH 23, 1977
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 Hall.
Reverend Wilburn Kensing, Pastor of Christ Lutheran Church, gave the
invocation.
City Secretary Bill Read called the roll and stated there was a quorum
present.
Motion by Lozano that correction of the Minutes of the Special Council
Meeting of February 2, 1977, previously approved by Council action in the
Regular Meeting of February 23, 1977, be approved as presented; seconded by
Sample and passed unanimously.
Mayor Luby introduced Miss Suzanne Porter, "Mies Flour Bluff", and read
the proclamation declaring March 26, 1977 as FLOUR BLUFF DAY which had been pre-
sented to her in his office. Mayor Luby stated that he had also issued the
following Proclamations: KNIGHTS OF COLUMBUS DAY, March 23, 1977; "LITE -A -BIKE"
SAFETY WEEK, March 21 through 25, 1977; ALMARE QUINTA DAY, March 22, 1977.
Mise Porter spoke at this time, introducing several owners of businesses
in the Flour Bluff area, and invited the Council to attend ceremonies commemorat-
ing "Flour Bluff Day" at 2:00 p.m., March 26, 1977, at the site of the new sign
on Padre Island Drive welcoming visitors to Flour Bluff. She also invited the
Council to attend the beauty pageant, which will be held at Padre Island Beach
Hotel, and other activities to be conducted in Flour Bluff on April 2, 1977.
Mr. Willie Lenox, representing the Flour Bluff Businessmen's Association,
addressed the Council at this time and pointed out that the Flour Bluff entrance
to the Naval Air Station is in need of improvement. He stated that his associa-
tion is interested in having palm trees planted at the Flour Bluff entrance to the
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Regular Council Meeting
March 23, 1977
Page 2
Naval Air Station and asked the City to consider the allocation of palm trees to
make this entrance comparable to the Ocean Drive entrance to the Naval Air Station.
Mr. Lenox also mentioned several problems in the Flour Bluff area, particularly the
sewer system.
Mayor Luby presented retirement plaques to the following employees: Mr.
Marcos Dominguez, Building and Grounds Custodian, Maintenance Services Department,
25 years of service; Mr. Jim Muzzy,Storekeeper, Transit Department, 19 years of
service; Mr. Jim Whidden, Lieutenant, Police Department, 25 years of service; Mr.
Cipriano Martinez, Truck Driver, Street Division, 31 years of service; and Ms.
Polly Walker, Library Assistant I, Library Department, 25 years of service.
Also eligible to receive retirement plaques but unable to attend were the
following: Mr. Jeff Bagwell, Identification Supervisor, Police Department, 29
years of service; Me. Ruth Rider, Senior Account Clerk, Police Department, 33
years of service; and Mr. Pancho Munoz, Trades Helper, Gas Division, 22 years of
service. City Manager Townsend informed the Council that Mr. Munoz had passed
away Monday, and a moment of silence was observed by the Council and members of
the audience in memory of Mr. Munoz.
Mayor Pro Tem Tipton introduced Mrs. Mary Jo O'Rear's eighth grade history
class from Martin Junior High School. Richard Mendez, one of the students in the
class, spoke to the Council and stated that they had visited City Hall and were
attending the Council Meeting in connection with their studies on law and crime
and punishment.
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 11:00 a.m. Tuesday, April 12,
1977 for a replacement debossing machine for laminated plastic cards
for the Health Department to print birth cards. It is estimated that
1,500 birth cards will be issued this fiscal year at a cost of $2 each.
b. Recommencation that Fire Station No. 14 be accepted and $20,211.82 be
paid Hunt Building Company based on substantial completion. Due to a
number of minor items remaining to be done, it is recommended that
$5,271.84 be retained until satisfactory completion with the retainage
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Regular Council Meeting
March 23, 1977
Page 3
to be released by the Director of Engineering and Physical D'evel'opment
when the work has been completed. The contractor exceeded the allotted
120 -day contract time by 91 days: It if: recommended that an extension
of 60 working days be granted due to delays caused by material deliv-
eries and staking, inclement weather and provision of sanitary sewer
service, and 31 days at $100 per day for a total of $3;100 be charged
as liquidated damages for contract time overrun: The station is
located at South Staples Street and La Costa Drive, between Holly
and Wooldridge Roads.
c. Recommendation that the Lindale Senior Citizen's Center Parking Lot
Improvement be accepted and final payment of $1,012:51 be made to the
contractor, Asphalt Maintenance Company: The parking lot was financed
by revenue sharing funds.
d. Recommendation that the Consortium Administration staff be amended to
provide more monitoring and coordinating capacity as recommended by
Mr. Richard Flores, Associate Regional Administrator for the Department
of Labor by establishing contract management, monitoring and evaluation,
and planning sections. Recommended 'staffing changes, because of the
reorganization and to eliminate the word "Manpower" froth job titles
include: reclassification of one Manpower Management Specialist,
Grade 25 to Grade 27 and one Management Information Specialist, Grade
22 to Grade 23, and the addition of two Technicians, Grade 18: The
cost of these changes was provided in the Title I budget approved by
the Executive Committee on January 3, 1977.
e. Recommendation that Chapter 5, Article II, Division 5_61 the City Code
regarding taxicab chauffeur's licenses be amended as follows:
1. The $5.00 license fee and $2.50 renewal fee be eliminated and the
license term be extended from 6 to 12 months. The license fee was
held unconstitutional in 1970 in Gilley v. City of Corpus Christi.
The license fee has not been collected since the court decision and
licenses have been issued for 12 months for some time:
2. The term "chauffeur's license" be replaced 'with "taxicab driver's
license" to eliminate confusion with the chauffeur's license issued
by the State Department of Public Safety.
3. The requirement that the chauffeur's license cannot be renewed if the
applicant has had 3 or more accidents involving property damage or
personal injury within the prior 6 months be amended to read "3 or
more convictions involving accidents with property damage or personal
injury within the prior 6 months period":
f. Recommendation that a resolution be passed endorsing passage by the
State Legislature of Senate Bill 89 which would authorize the Executive
Director of the Texas Department of Community Affairs to establish and
supervise a comprehensive network of drug treatment and rehabilitation
programs through public and private agencies with money appropriated for
use by the Department:
In regard to Item "f", City Manager Townsend stated that he had discussed
Senate Bill 89 with several legislators who indicated that they have not Personally
become involved with the bill since they are not on the committee studying the bill,
but stated that they are basically interested in improving drug treatment. Mr.
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Regular Council Meeting
March 23, 1977
Page 4
Townsend stated that MH -MR concur with the bill; the Police Department generally
concurs with the bill; and that the estimated appropriation for enactment of the
bill is $3,000,000. Councilmember Gill requested the Council's support of this
bill.
Also in connection with Item "f", Councilmember Gulley questioned the expen-
diture of $3,000,000 for this purpose and suggested that this amount could be
better used to assist in stopping the drug dealers.
In regard to Item "d", Councilmember Gill requested an explanation of the
duties of the new employees proposed, status of the present employees, and the
reason for the changes.
Ernest Briones, Director of Planning and Urban Development, explained
that the changes are proposed on the recommendation of Mr. Flores of the
Department of Labor, who questioned the ability of the City staff to monitor
the program, and pointed out that the staff changes will establish progression
of positions in the office.
In discussion of Item "b", Councilmember Gulley inquired if Fire Station
No. 14 is complete. City Manager Townsend stated that there is a punch list to
be completed and a problem in connecting the sewer line from the adjacent subdi-
vision exists, but basically, the Fire Station is ready for occupancy.
Mayor Luby inquired if there is a plan to transfer ambulances from Fire
Station 13 to Fire Station 14. City Manager Townsend assured him that no ambu-
lances will be removed from Fire Station 13 and emphasized to the Council that a
transfer had never been considered. He also assured the Council that he will
make them aware of any contemplated transfer of ambulances from one station to
another.
Mayor Luby called for comments or discussion from members of the audience
regarding the City Manager's Reports.
Ms. Ruth Hans, 929 Barracuda, member of an advisory committee to the
House of Representatives on the drug bill, spoke at this time requesting Council
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Regular Council Meeting
March 23, 1977
Page 5
eupport•,of Senate Hill 89 (Item "f"), stating that Texas ie 53rdbehind other
states on funding,for drug treatment and rehabilitations that there are ad esti-
mated 58,000 addicts in Texas; and also mentioned that she had read that Attorney
General John Hill had requested an appropriation of $9,000,000 for drug rehabili-
Cation.
Mayor Pro Tem Tipton questioned the $9,000,000 figure and requested City
Manager Townsend investigate the source of these funds and the doeurany of the
report. '
There being no further diecueeion regarding the City Manager's Report,
Mayor Luby called for a motion to accept the report.
Motion by Tipton that the City Manager's Report, Items "e" through "f"
be accepted ae presented, seconded by Gulley end passed unanimously.
Mayor Luby then invited membere of the audience to address the Oounail
if theyleeired.
Mrs. Chris Koeewick, 3233 Nassau, requested that the Council consider
naming :the Flour Bluff Library facility the Jake Busby Library. Bhe explained
that Mr. Busby is a former President of the Flour Bluff School Board add e
prominent civic leader of the Flour Bluff area. Mayor Luby suggested that she
ascertain if the entire community ie in favor of this proposal. City Manager
Townsend questioned the feasibility of this since a portion of the entire
facility is named Parker Memorial Perk' pointed out that the library is just
a part of the other portion of the facility{ and suggested that Rome other type
of memorial honoring Mr. Busby be considered to be included in the library.
Mrs, Koeewick stated that she would dieauee the naming of the library with dif-
ferent groups in Flour Bluff and preeent lettere to the City for eeneideretion.
In regard to Ordinances on the agenda, Counciimember ®t11 inquired about
Item "d", which was a Resolution urging defeat of House Bill 1200, and how it
was:placed on the agenda. City Manager Townsend stated that it was plead on
the agenda at the request of Counciimember Gulley. Bina there seemed to be
some discrepancy in the procedure for Councilmembere having an item Weed on
the agenda, Councilmember Gill requested that the City Manager prepare a staff
report on the procedure to be followed for Counailmembnre to have ordination
placed on the agenda.
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Regular Council Meeting
March 23, 1977
Page 6
City Manager Townsend then presented the following items for discussion
by the Council:
a. Discussion of city requests to the Criminal Justice Council for
law enforcement grants for 1977-78. Project request summaries
must be submitted to the Council of Governments and become part
of the Region's criminal justice program to be eligible for
financial assistance.
City Manager Townsend explained that the Council of Governments' timetable
necessitates the establishment of the City's priorities for the program so that
they can be approved. Mr. Townsend presented the Council with copies of a report
prepared by the Police Chief listing the proposed criminal justice programs in
the order of priority as follows: (1) Nueces County Organized Crime Control
Unit; (2) Narcotics Task Force; (3) Counter Fencing Task Force; (4) Rape Crisis
Center; (5) Night Magistrate; (6) Technical Equipment; and (7) Polygraph. City
Manager Townsend stated that Items 1, 2, 4 and 5 were funded last year and stressed
the importance of the Counter Fencing Task Force program to reduce the profits of
professional receivers of stolen property. Mr. Townsend stated that a few prob-
lems existed in the Night Magistrate program since substitute judges (municipal
judges) are limited in some areas of the duties required,such as the issuance of
peace bonds.
Further discussion followed on all of the programs. Councilmember de Ases
requested a short report from the staff on the efficiency of the programs. City
Manager Townsend stated that a year's status report will be provided the Council
on the programs that were funded last year. City Manager Townsend indicated that
Council action is needed for approval of the programs listed next week so that
the requests for grants may be presented to the Council of Governments' Committee
of the Criminal Justice Council. He stated that this committee meets April 6;
therefore, there is a need for the City to present the requests for grants prior
to that time.
Mayor Pro Tem Tipton mentioned at this time that he had missed two meet-
s
ings of the Community Action Agency Board and requested that an alternate be
appointed for him for next month because he might be unable to attend the Board
'meeting. City Manager Townsend suggested Tom Utter as an,alternate for Mayor
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Regular Council Meeting
March 23, 1977
Page 7
Pro Tem Tipton. Motion by de Ases that Tom Utter be appointed as alternate repre-
sentative for Mayor Pro Tem Bill Tipton on the Community Action Agency Board for
one month; seconded by Gulley and passed unanimously.
b. Discussion of extra -territorial jurisdiction boundaries between
Aransas Pass, Port Aransas, and Corpus Christi.
Mr. Larry Wenger of the Department of Planning and Urban Development spoke
at this time and pointed out to the Council the overlapping of the extra -territorial
jurisdiction of the three cities involved. He stated that the City of Port Aransas
had filed suit against the City of Aransas Pass, and the court judgment will resolve
the overlapping problem and pointed out to the Council the boundaries established
in the decree. City Manager Townsend stated that there are two areas which affect
the City of Corpus Christi and the City of Port Aransas and indicated that one
area will be designated to be included in the Corpus Christi extra -territorial
jurisdiction and the other area will be designated as being in Port Aransas'
extra -territorial jurisdiction.
Mayor Luby at this time introduced Mrs. Carol Karter of the Flour Bluff
Civic League who was seated in the audience.
City Manager Townsend mentioned the ordinance listed as Item "d" which
is a resolution urging defeat of House Bill 1200 and stated that it was discussed
briefly several weeks ago. After further discussion of the proposed resolution,
Councilmember Sample questioned the wording on the resolution and suggested that
the wording be stated more strongly before the Council approves it. City Manager
Townsend suggested that the Council pass a motion today expressing their opposi-
tion to the bill and a more strongly worded resolution be passed next week.
Motion by Mayor Pro Tem Tipton that the Council go on record as being
opposed to H. B. 1200; seconded by Gulley, and passed unanimously.
Ordinance No. "d" was withdrawn from the agenda.
c. Discussion of the agenda for the Council of Governments meeting on
March 25, 1977.
City Manager Townsend briefly discussed the items to be presented at the
COG meeting to be held at 1:30 p.m. Friday, March 25, in the Central Jury Room,
mentioning the Work Program, the Historical Preservation plans and the Land
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Regular Council Meeting
March 23, 1977
Page 8
Resource capability.
City Manager Townsend presented the ordinances for consideration of the
Council. There were no questions from the Council or members of the audience.
The following ordinances passed:
FIRST READING:
AMENDING CHAPTER 57, ARTICLE II, DIVISION 5 OF THE CODE OF ORDINANCES, CITY OF
CORPUS CHRISTI, 1976 REVISION, BY REPLACING THE TERM "CHAUFFEUR'S LICENSE"
WHEREVER IT APPEARS WITH THE TERM "TAXICAB DRIVER'S" LICENSE AND REPEALING
SECTION 57-105 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVI-
SION, AND SUBSTITUTING THEREFOR A NEW SECTION 57-105, TO PROVIDE FOR ISSUANCE
OF TAXICAB DRIVER'S LICENSE.
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 voting "Aye".
SECOND READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY
AMENDING SECTION 53-250, SCHEDULE I, "ONE-WAY STREETS AND ALLEYS", BY ADDING
ITEMS THERETO AS MORE FULLY DESCRIBED HEREINAFTER; REPEALING ALL ORDINANCES
IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; PROVIDING FOR PUBLICATION; AND
PROVIDING AN EFFECTIVE DATE.
The foregoing ordinance was read for the second time and passed to its third
reading by the following vote: Luby, Tipton, de Ases, Gi l,Gulley, Lozano
and Sample voting "Aye".
RESOLUTION NO. 13700
BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ENDORSING PASSAGE BY THE
TEXAS STATE LEGISLATURE OF SENATE BILL 89 RELATING TO PREVENTION OF DRUG
DEPENDENCE AND TO TREATMENT AND REHABILITATION OF DRUG DEPENDENT PERSONS;
INSTRUCTING THE CITY SECRETARY OF THE CITY OF CORPUS CHRISTI TO FURNISH A
TRUE COPY OF THIS RESOLUTION TO THE CORPUS CHRISTI-NUECES COUNTY LEGISLATIVE
DELEGATION; 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 voting
"Aye".
ORDINANCE NO. 13701
ANNEXING A 163.58 -ACRE TRACT OF LAND, OUT OF LOTS 1 AND 2, SECTION 15, AND A
PORTION OF LOTS 7 AND 8, AND ALL OF LOTS 3 AND 6, SECTION 14, BOHEMIAN COLONY
LANDS, AS SHOWN BY MAP OF RECORD IN VOLUME A, PAGE 48, MAP RECORDS, NUECES
COUNTY, TEXAS, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND
CITY CHARTER ARTICLE I, SECTION 2 (c), PROVIDING FOR THE ANNEXATION TO THE
CITY OF CORPUS CHRISTI OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGU-
OUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the
following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting
"Aye".
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Regular Council Meeting
March 23, 1977
Page 9
ORDINANCE NO. 13702
AMENDING ORDINANCE NO. 3658, AS AMENDED, BY CHANGING CERTAIN SALARY GRADES, CRE-
ATING CERTAIN POSITIONS, AND DELETING CERTAIN POSITIONS, BY AMENDING SECTION 4
THEREOF; AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUB-
SECTION (e), SO AS TO CHANGE CERTAIN POSITION CLASS TITLE; PROVIDING FOR
SEVERANCE; 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 voting
"Aye".
City Manager Townsend gave a brief report on Choke Canyon, stating that
this project has not been eliminated following the review; the 404 permit has
still not been settled, and the report has not been•received from the Fish and
Wildlife Service • as to the status of this; the Corps of Engineers must
determine if an additional public hearing must be held; and the appropriation
for the project needs to be approved by Congress. Mr. Townsend also stated that
a review of the plans and specifications by a committee will be necessary before
going out for bids.
Mr. Jerry Foy, 10001 South Padre Island Drive, asked to speak at this
time and related to the Council an incident that occurred at his home in con-
nection with Animal Control, indicating that he had been issued a ticket because
his dog was not on a leash. City Manager Townsend informed Mr. Foy that this is
a violation and the issuance of tickets is an improved method of enforcing the
ordinance, since previously it was necessary for the Animal Control personnel
to pick up dogs running loose, -making it necessary for the owners to go to the
pound to claim their dogs and pay a fine. Mr. Foy indicated that personnel of
the department were rather impolite. Mayor Pro Tem Tipton suggested that a
training session in public relations be considered for personnel in Animal
Control to improve the manner of the employees in dealing with the public.
Councilmember de Ases pointed out to Mr. Foy that he could appear in Municipal
Court to appeal the ticket.
The Council then went into closed session to discuss personnel matters
under authority of Article 6252-17, Paragraph 2(g) at 4:47 p.m.
Following the closed session, there being no further business to come
before the Council, the Regular Council Meeting was adjourned at 5:07 p.m.,
March 23, 1977.