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HomeMy WebLinkAboutMinutes City Council - 04/13/1977PRESENT: 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 APRIL 13, 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 Chamber of City Hall. .The invocation was given by Councilmember Sample. City Secretary Bill Read called the roll of required Charter officers and stated that a quorum was present. Mayor Luby announced that the following proclamations had been presented: THE WEEK OF THE YOUNG CHILD, April 16 through 23, 1977; YOM HAATZMUT DAY (ISRAEL INDEPENDENCE DAY), April 17, 1977; and CREATIVE ARTS CENTER WEEK, April 17 through 23, 1977. City Manager Townsend requested that Item "b" of the City Manager's Report be considered at this time even though it is out of order according to the agenda. b. Recommendation that a resolution be passed commending Mr. Harry L. Franklin, the City's Petroleum Superintendent, on receiving the Region VI "Environmental Quality Award - 1977" from the Environmental Protection Agency for significant contribution to environmental protection in Corpus Christi. Mr. Franklin is also General Manager of the Corpus Christi Area Oil Spill Control Association and his efforts in this regard earned him the award. The award • was presented to Mr. Franklin in Dallas on March 21. City Manager Townsend suggested that it might be in order for the Mayor to present the award to Mr. Franklin in recognition of his accomplishments on behalf of the City. Mayor Luby presented the award from the Environmental Protection Agency and expressed his appreciation to Mr. Franklin for his efforts and contribution to the environmental protection in Corpus Christi through the Oil Spill Control Asso- ciation. Mayor Luby requested that City Secretary Read read the Resolution to be considered by the Council in recognition of Mr. Franklin. *Councilmember Gill arrived at this time. MICROFILMED, . . 'SEP 0 31980 ;if Minutes Regular Council Meeting April 13, 1977 Page 2 The following Resolution was approved by the CouncilT RESOLUTION NO. 13712 COMMENDING HARRY L. FRANKLIN FOR THE EXCELLENCE OF HIS PERFORMANCE SO DESERVING OF RECOGNITION BY THE FEDERAL GOVERNMENT AND THAT THE DEEPEST APPRECIATION OF THE CITY COUNCIL BE MADE KNOWN TO MR. FRANKLIN FOR HIS GENEROUS SERVICE TO THE SPARKLING CITY BY THE SEA; AND 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 voting "Aye". - Mayor Luby announced the public hearing on changing the name of Coopers Street, from Shoreline Boulevard to Mesquite Street, and Telco Street, from Mesquite Street to N. Tancahua Street, to Cooper's Alley. City Manager Townsend explained that the two streets will be connected at the time they are improved by a contract under the City -State Urban Systems Program so that traffic can flow from Shoreline Boulevard to Tancahua Street. He also stated that the street is often still referred to as Cooper's Alley even though the name was changed a number of years ago to Coopers Street. Mayor Pro Tem Tipton inquired if anyone in the audience would like to speak in regard to the proposed name change. No one appeared. Motion by Lozano that the hearing be closed; seconded by Gulley, and passed unanimously. Motion by Sample that Coopers Street, from Shoreline Boulevard to Mesquite Street, and Telco Street, from Mesquite Street to N. Tancahua Street, be changed to Cooper's Alley; seconded by Gulley, and passed unanimously. Mayor Pro Tem Tipton then called for the City Manager's report. City Manager Townsend presented'the following item with related comments and explana- tions: a. Recommendation that bids be received at 10:00 a.m., May'2, 1977 to sell City -owned surplus land described as Being a 35.15 acre tract of land out of the remainder of Lots 9 and 10, Section 21, Flour Bluff and Encinal Farm and Garden Tracts (corner of Rodd Field Road and Yorktown Road). This property was acquired by the City in 1939 for $1,600 for the purpose of a sanitary landfill. The property was recently appraised at $5,000.00 per acre. It is recommended that no bid lean than the appraised value be accepted. Minutes Regular Council Meeting April 13, 1977 Page 3 City Manager Townsend stated that this land was originally acquired for a sanitary landfill but was abandoned for this purpose because it was decided that because of several factors, the land was not suitable for a sanitary landfill. He -also stated that the land is leased at this time, but it is basically just a piece of land covered with brush, and because of its strategic location, it could be useful in the future. Councilmember Lozano inquired if the funds obtained through the sale of the property could be used for parks. City Manager Townsend stated that the anticipated funds had already been allocated to the General Fund, as this proposed land sale was included in the budget. Councilmember Gill inquired why this sale was planned at this particular time. City Manager Townsend stated that although it was in this year's budget, there were several problems related to the sale that had to be worked out before the land could be offered for sale. There were no comments from the audience in regard to the City Manager's report. Motion by Tipton that the City Manager's Report including Items "a" and "b" be approved; seconded by Gulley, and passed unanimously. The following ordinance was presented for consideration by the Council: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITE OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTIONS 53-99 AND 53-100 SO AS' TO RESTRICT THE OPERATION OF TRUCKS, TRAILERS AND OTHER HEAVY AND/OR LARGE VEHICLES ON CERTAIN STREETS, ALL AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; 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 voting "Aye". City Manager reported to the Council the status of the Guggenheim House in the Bayfront Science Park, stating that two bids had been received on the house, one of which was from the Campfire,Girls Organization. He also stated that because of the moratorium, no actioi'can be taken by this Council, and the matter will be presented to the next Council. He also indicated that arrangements are being made to move the Guggenheim House temporarily so that the Junior League will be able to go ahead with their plans,,,to move the Sidbury House onto the lot now occupied by the Guggenheim House. Minutes Regular Council Meeting April 13, 1977 Page 4 Mayor Luby then inquired if there were any petitions or discussion from members of the audience. Mr. Dale Davis, 132 Celia, spoke at this time and related an incident regarding Animal Control, alleging cruel treatment of the animals and a lack of concern on the part of employees of this department. He also suggested that funds be allocated for employment of a veterinarian and- employees with a knowledge of handling animals. Mayor Luby agreed that some- thing should be done about the matter. City Manager Townsend stated that this matter should be discussed at the time of the budget hearing, indicating that additional funds could be made available, but this would require a tax increase or a decrease in services in some other area of the City budget. Mr. Townsend also informed Mr, Davis that if he would provide information as to definite dates, times, and the parties involved in some of the alleged incidents which he had related, he would be glad to check them with the Animal Control Division. City Manager Townsend also stated that a veterinarian is on call when needed. After further discussion, Mr. Townsend suggested that Mr. Davis meet with Tom Basile, Administrative Assistant, who would be glad to explain the budget for the Animal Control Division. Mr. Davis suggested that the Council go to the pound unannounced to inspect the condition of the facilities. Mayor Luby indi- cated his willingness to do so following the Council meeting. Mr. Larry French, 3510 Aransas, spoke at this time on the same matter and mentioned that there is $85,000 budgeted for Animal Control. City Manager Townsend stated that this figure was not just for salaries for Animal Control personnel but included the Meat and Milk Control Programs. City Manager Townsend reported to the Council on the bill being con- sidered by the State Legislature on'the matter involving dedication of park land, stating that the bill was passed by the Senate and is now being considered by the House. He stated that the Chairman of the Park Board had been informed of this, and members of that Board had sent letters or telegrams to our represen- tatives in regard to the bill. Minutes Regular Council Meeting April 13, 1977 Page 5 Mayor Luby suggested that the Council pass a resolution supporting the position that the cities should retain the right to specify that a percentage of land development be dedicated as parks. Mayor Luby announced the public hearing on the assessment roll for the street improvements for Port Avenue from Buford Street to Crosstown Expressway. City Manager Townsend stated that the improvements to Port Avenue would be funded under the Federal -State Urban Systems Program, with the City providing funds for the local share from other street bond funds, since Port Avenue had not been included in a bond election. City Attorney Bruce Aycock stated that the purpose of the public hearing is to develop evidence to determine the assessments of property owners on Port Avenue. James K. Lontos, Director of Engineering and Physical Development, pre- sented testimony in regard to the street improvements and was questioned by City Attorney Aycock as to his qualifications. A formal resume of his qualifi- cations was presented in evidence and is on file in the office of the City Secretary. Mr. Lontos explained the project, stating that the plans and speci- fications were prepared by the State Department of Highways and Public Trans- portation, and the street improvements will consist of 7 inches of asphalt surface, 6 inches of caliche and 6 inches of lime -stabilized base; and that storm sewers,curbs, gutters and pavement and sidewalks and driveways will be included in the project. Mr. Lontos stated that the low bid was submitted by Abacus Corporation in the amount of $788,357.01 and outlined the assessment rates which total $164,826.84; the State portion is $558,935.61; and the City portion is $229,421.40. Mr. Lontos stated that the staff recommended several corrections to the preliminary assessment roll on Items 28 and 29 necessitated by the determination that additional property owners are involved. He stated that all of the property owners have been contacted and are aware of these changes. Minutes Regular Council Meeting April 13, 1977 Page 6 City Attorney Aycock called as his next witness Mr. W. J. (Bill) Holly, Jr., real estate broker and appraiser,and questioned him as to his qualifications. A formal resume of his qualifications was offered into evidence and is on file in the office of the City Secretary. Mr. Holly stated that he has examined every piece of property involved in the project and that he had found four triangular-shaped pieces of property on which he had recommended adjustments. He indicated that the property involved are listed as Items 26, 29, 30 and 40. Mr. Holly further stated that, in his opinion, each piece of property on the assessment roll would be enhanced in value at least to the extent of the individual assessment. Mayor Luby then invited comments from the audience regarding the assessment roll. Mr. Owen Barnett, representative of Goodwill Industries, inquired if there is the possibility of an adjustment to the property owned by this organization in view of the fact that it is a non-profit organization. City Manager Townsend stated that the assessment is determined according to the value of the enhancement of the property and that this question had come up at other assessment hearings as it regards churches and other non-profit organizations and the City feels that there is an obligation for the property owner to pay the assessment. Mr. Lawrence C. French, 3510 Aransas, owner of the property listed as Item 7, Nueces Properties, Inc., questioned the statement that his property would be enhanced in the amount listed as his assessment and inquired if he had to have a driveway built, indicating that there is no need for a driveway on his property. City Manager Townsend stated that the City would be happy to delete the driveway included in the project on his property. Mr. Ray Mendez, 1240 South Port, stated that he had misplaced his letter informing him of the amount of his assessment and inquired as to the amount. His property was listed as Item 8 and it was ascertained that there would be no assess- ment charged him since he would receive credit for existing improvements. Mr. Mendez also stated that he did not need the driveway and asked that it be deleted • Minutes Regular Council Meeting April 13, 1977 Page 7 from the plans. City Manager Townsend stated that the City will be glad to have the driveway on his property deleted. Mr. Mendez then inquired if anything is planned to improve the drainage on Morgan Avenue. Mr. Lontos stated that he is aware that a problem exists and that the Engineering and Physical Development staff is presently working on a solution to the drainage problems on Morgan. Mr. Mendez also questioned the type of construction on some City streets and was assured by Mr. Lontos that the street improvements will provide a heavy- duty type of street. No one else spoke in regard to the assessments. Motion by Gulley that the public hearing be closed; seconded by Sample and passed unanimously. Councilmember Gill mentioned the fact that at the Council Meeting of April 6, 1977, she had requested the City Manager place on the agenda a discus- sion item in regard to alleged harassment of policemen and firemen in connection with political activities and he had failed to include it on the agenda. City Manager Townsend explained that he had spoken with Councilmember Gill following the meeting of April 6 at which time she related an incident involving three police officers who were escorting a political candidate. He stated that he had checked on this matter and ascertained that they had been issued a warning letter from Chief Banner.and that after further investigation, it was determined that the officers involved were not acting illegally, and the letter of warning had been rescinded. Mr. Townsend stated that he had not placed the discussion item on the agenda because he assumed that this solved the question of harassment. Councilmember Gill also stated that she understood that some of the police- men and firemen felt that the memorandum issued by the City Manager and signed by Chief Banner and posted on bulletin boards constituted harassment. City Manager Townsend stated that this memorandum is routinely sent to all department heads for placement on the office bulletin boards prior to any City elections. Minutes Regular Council Meeting April 13, 1977 Page 8 t.k.pl rt, .f? e. tic: Councilmember Gill also stated that she had been told that some City employees had been reprimanded in the City Manager's office because members of their families are engaged in political activities. City Manager Townsend stated that he has never n ti. act_ }r _,rr. done this, but stated that if signs are placed on cars or in the yards belonging to City employees, this would constitute a violation of the City's Standard Instruc- tions in regard to political activities. Mr. Townsend did state, however, that at staff meetings, directors of departments are reminded of the City's Standard Instructions covering political activities. Nick Lazarte spoke at this time and questioned the necessity of posting the regulations on the bulletin board if the firemen and policemen are aware of just what activities they are allowed to participate in. Mr. Lazarte also questioned the length of time that had elapsed before Councilmember Gill received a reply from the City Manager. On a motion by Gulley, seconded by Lozano, and passed unanimously, the meeting was adjourned at 3:55 p.m. April 13, 1977. r • a. _