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HomeMy WebLinkAboutMinutes City Council - 05/11/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MAY 11, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: Ruth Gill Bob Gulley Gabe Lozano, Sr. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem de Ases called the meeting to order in the Council Chamber of City Hall while Mayor Luby was conducting official City business in his office. The invocation was given by the Reverend Allen Collins of the First Lutheran Church. City Secretary Read called the roll of the required Charter officers and stated that a quorum was present. Mayor Pro Tem de Ases announced that the following proclamations had been presented in the Mayor's Office: CINCO DE MAYO DAY, May 5, 1977; BRONZE GLOVE TOURNAMENT DAYS, May 11, 12, 13 and 14, 1977; SAFETY PATROL WEEK, May 13 through 21, 1977; TRANSPORTATION WEEK, May 15 through May 21, 1977; DRUG ABUSE PREVENTION WEEK, May 15 through May 21, 1977. Mayor Pro Tem de Ases next called for appointments to Boards and Commissions. Motion by Lozano that the following be appointed to the Board of Equalization: Mr. Robert 5. Morgan (reappointment); Janis Graham Jack; and Frank B. Rodriguez, all for one year with their terms to expire April 30, 1978. The motion was seconded by Gill and passed unanimously. Motion by Lozano that Council Members Diaz and Sample be excused from today's meeting for just cause; seconded by Gill and passed unanimously. *Mayor Luby arrived at the meeting at this time. Mayor Luby announced the Public Hearing on closing the alley in Block 18, Forest Park Addition. City Manager Townsend explained that the block is bounded by Palm Drive, Stillman Avenue, and Buffalo and Antelope Streets. The remaining portion of Lot 9, Block 18, was recently donated to the City by Mrs. Santos G. Pruitt. A property owner across the alley has expressed an interest in purchas— ing Lot 9 if the alley separating his lot from Lot 9 is closed. Mr. Townsend MICROFILMED . SEP 0 31980 \\1 Minutes Regular Council Meeting May 11, 1977 Page 2 further stated that all property owners abutting the alley have been contacted and agree with the closing, and that all affected City departments concur, with the exception that the full alley be retained as a utility easement. Mayor Luby inquired as to whether or not anyone in the audience desired to speak on the proposed closing of this alley. No one in the audience spoke on this matter. Motion by Gulley that the hearing be closed; seconded by Gill and passed unanimously. Motion by Lozano that the alley in Block 18, Forest Park Addition, be closed but that it be retained as a utility easement; seconded by de Ases, and passed unanimously. Mayor Luby then called for the City Manager's Reports. City'Manager Townsend presented the following items with related comments and explanations: a. Recommendation that a public hearing be held at 3:30 p.m. during the the Regular Council Meeting on June 1, 1977 on the following zoning applications: 1. Mr. Mike Contrera Molina: "R -1B" to "B-4", located along the south side of Agarito Street approximately 59' east of Sabinas Street. 2. Mr. Joseph W. Bailey: "AB" to "B-4", located along the east side of Third Street approximately 50 feet south of Buford Street. 3. Mr. Gilbert G. Garza: "R-18" to "B-1", located on the northwest corner of Krejci Lane and Old Robstown Road. 4. Mr. Kenneth Gunderland: "R -1B" to "B-4", located on the northeast corner of Kaler and Rackley Drives. 5. C.M.S. and Associates: "B-3" to "1-2", located along the east side of Navigation Boulevard approximately 350 feet north of Savage Lane. b. Recommendation that a public hearing be held at 6:00 p.m. at a Special Council Meeting on June 3, 1977 on the following zoning applications: 1. Mr. Morris Lichtenstein,Jr.: "A-1" to "B-1", located on the southeast corner of South Carancahua Street and Furman Avenue. 2. Mr. Ismael Guerra: "R -1B" to "B-1", located on the east side of Everhart Road approximately 300 feet south of Bonner Drive. Minutes Regular Council Meeting May 11, 1977,, Page 3 3. Mr. Walter H. and Ms. Billie Dee Clark Fahrenthold: "R -1B" to "B-1", located on the north side of Cain Drive approximately 102 feet east of Everhart Road. 4. City Landmark Commission: "HC" designation on the northwest corner of North Chaparral and Resaca Streets. 5. Oak Harbor Associates: "FR" to RR -1B", located on the south side of Graham Road approximately 600 feet west of Flour Bluff Drive. c. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on June 8, 1977 on the following zoning appli- cations: 1. Mr. Tim Clower, Trustee: "R -1B" to "I-2", located on the north side of Saratoga Boulevard approximately 1,000 feet southeast of Greenwood Drive. 2. Mr. Sam W. Main: "R -1B" to "A-1", located on the south side of Cain Drive approximately 640 feet east of Everhart Road. 3. Conn -Sherrod Company, Inc.: "R -1B" to "A-2", located approximately 320 feet west of Everhart Road, south of Harry Street and north of South Staples Street. 4. Mr. Russell Morton Brown: "R -1B" to "A-2", located on the southwest corner of Tuloso Road and Interstate Highway #37. 5. Mr. Alfredo R. Romay: "B-1" to "B-4", located on the south side of South Padre Island Drive approximately 500 feet east of Airline Road. d. Recommendation that bids be received at 11 a.m., Tuesday, May 31, 1977 for the following budgeted items: - 1. 6 replacement cots with mattresses, restraint straps and fasteners for Ambulance Service. 2. 2 additional 2,000 lb. capacity mower trailers and a replacement 50 h.p. tractor with loader for the Park Division. 3. A replacement 60" rotary mower for the Oso Golf Course. 4. An additional 40 h.p. tractor with 3 -point hitch, disk harrow and a 72" rotary mower for Wastewater Services. This equipment will be used to cut grass and weeds at and to prepare and maintain the sludge injection fields of the wastewater treatment plants where sludge injection is employed. e. Recommendation that bids be received on Wednesday, June 8, 1977 for the lease of minerals underlying a 65.5 acre tract of land owned by the City adjacent to Lake Corpus Christi.. A previous lease on this tract has expired and an individual has expressed an interest in leasing the minerals. The proposed lease would provide4that: 1. The minimum period be 90 days with a bonus of at least $12.50 per acre or $50 per acre per year. 2. Any surface use receive the apiroval of the lower Nueces River Water Supply District. 3. All City land drilling ordinarce requirements would apply. 4. Unitization of any portion world only hold the portion so unitized beyond the primary lease. Minutes Regular Council Meeting May 11, 1977 Page 4 f. Recommendation that plans and specifications for the Boys Club Improvements be approved and bide be received on June 8, 1977. The work, being funded by the 2nd Year Community Development Program, includes installing a new floor, lights and a ventilation system in the gymnasium and additional airconditioning in the auditorium of the Boys Club. Two additive alternates provide for replacing some of the ceiling tile and cleaning and painting the rest or replacing all of the ceiling in the auditorium. The improvements have been approved by the Directors of the Boys Club. Recommendation that the West Oso Tennis Court Improvement project be accepted and final payment of $12,503.30 for a total of $63,770 be made to Asphalt Paving & Construction Company. Four courts were constructed at West Oso High School and will be used jointly by the general public and the West Oso School District. The contractor exceeded the allotted construction time by 35 days. It is recommended that a 35 day extension be granted due to curing requirements for the surface of the courts and adverse weather. The School District contributed $15,000 towards the cost with the City financing the remainder from the Park Bond Fund. g• •h. Recommendation that parking be prohibited at all times on both sides of Airline Road, from Williams Drive to Padre Island Drive. The recent improvement of the street by the City, State and Federal government under the Urban Systems Program provides for two moving lanes in each direction with a center left turn lane and no parking. The Traffic Safety Advisory Board so recommends. i. Recommendation that Park Avenue, from Water Street to South Upper Broadway, be made two -Way. Such a change will increase mobility and circulation and improve access to churches in the area. The Traffic Safety Advisory Board so recommends. Recommendation that a water purchase contract between the City of Alice and Jim Wells County Fresh Water Supply District No. 1 at Ben Bolt be approved. Alice proposes to sell a maximum of 3 million gallons of treated water per month to the District. Corpus Christi's untreated water supply contract with Alice requires approval by the Lower Nueces River Water Supply District and the City for any resale by Alice to customers not a part of their distribution system. The Alice Water Authority contract is in perpetuity. Alice pumps directly from Lake Corpus Christi. The Lower Nueces River Water Supply District has approved the contract. k. Recommendation that $8,000,000 of the $14,400,000 Community -Convention Facility Bonds, voted on June 26, 1976, be sold at 11:00 a.m. on June 15, 1977 and that Mr. Hobby H. McCall be employed to provide bond attorney services and Mr. M. E. Allison, Sr., financial advisory services. Estimated cost is: Bond Attorney $ 8,350 Financial Advisor 13,584 Printing Official Statement 3,400 Printing Bonds 2,080 Bond Ratings 900 Total: $28,314 Minutes Regular Council Meeting May 11, 1977 Page 5 1. Recommendation that Article X, Division 1, of the City Code be amended to require that all members of City Boards, Commissions, and Committees be residents of the City. Moving out of the City would constitute automatic resignation from the Board, Commission or Committee. (Discussed at Workshop on May 4, 1977) m. Recommendation that the extra holiday authorized by the Compensation Ordinance be granted as an additional day of vacation to all regular full time City employees who have 6 months service as of May 1, 1977 (those employed on November 1, 1976). The Compensation Ordinance was amended on August 4, 1976 to provide an additional holiday to be determined each year by the Council. No special occasion has occurred during 1976-77. Extra holidays in the' past have been granted when Christmas was on a Tuesday or Thursday (1969, '73, '75), the first landing on the moon (1969), and LBJ Day of mourning (1973). n. Recommendation that the Civil Service Rules be amended to provide that no classified employee who has completed 6 months of probationary service shall be temporarily or indefinitely suspended or demoted for disciplinary reasons unless such employee has first been given written notice of the reasons for such suspension or demotion and an effective opportunity to rebut the reasons. The Civil Service Board recommends adoption of this amendment in response to a judgment rendered by Judge Owen Cox on April 13, 1977 in the case of three Wastewater Division employees temporarily suspended for offering to unstop a private sewer line for a fee. o. Recommendation that an application by the Nueces County Mental Health and Mental Retardation Community Center for funds to operate a foster care program for 25 mentally retarded individuals for $42,857 be approved. $30,000 will be provided from grant funds and $12,857 through state grants- in-aid. Foster care is a pilot program to determine the feasibility of providing a home environment and training for mentally retarded individuals as an alternative to more expensive institutional care. P• Reports. Recommendation that the appointment of Mr. James E. Wiesehuegel to the position of Transit General Manager be confirmed. Mr. Wiesehuegel has degrees in both Civil Engineering and City Planning from the University of Wisconsin. Since graduation from college, he has held positions with the planning and transpor- tation firms of Barton-Acshman Associates, Inc., B.R.H. Mobility Services Company, and Wilbur Smith and Associates. During his 4 years with Wilbur Smith and Associates, he has been project director or project associate on 20 various transit studies, including the Corpus Christi Transit Development Program, 1976-1980. Mayor Luby called for discussion from the City Council on the City Manager's In regard to Item "n", Council Member Gulley asked for an explanation of how Lhfa chnnge In (lir L•fv1J ScrvIct• Ruler" would "ffcct the procedure In dLscIpll- nary actions involving City employees. City Manager Townsend explained that this amendment to the Civil Service Rules, which is recommended by the Civil Service Board and is proposed in response to a judgment rendered by Judge Cox, will specify that department heads must notify Minutes Regular Council Meeting May 11, 1977 Page 6 in writing any employee of any contemplated disclipinary action, giving the employee an opportunity to refute the charges against him. Mayor Pro Tem de Ases referred to Item "f",which recommends that bids be received for improvements to the Boys Club, and inquired about the length of time that will be required to complete the work and if a portion of the Club will have to be closed during the renovations. City Manager Townsend informed him that the gymnasium will have to be closed for seven days to allow the floor finish to set and the number of working days on the project is 50. Mayor Pro Tem de Ases inquired if other water contracts with the City have the same stipulations in regard to resale as the one mentioned between the City of Alice and Jim Wells County Fresh Water Supply District No. 1, listed as . Item "j". City Manager Townsend stated that this contract is the same as others in which the City is involved and that the Lower Nueces River Water Supply District has approved the contract. In reference to Item "e", Council Member Gill inquired as to whether or not the City will have any control over the surface use of the tract of land owned by the City adjacent to Lake Corpus Christi. City Manager Townsend stated that any use of the surface has to have the concurrence of the City, and this is covered in the original contract with the Water Supply District. Mr. Townsend assured the Council that if a situation should arise that was questionable, the Council could be involved in decisions involving surface use. Mayor Luby called for discussion from the audience on the City Manager's Reports. Ms. June McKinley, Director of the Japanese Art Museum, addressed the Council in regard to Item "i" and requested that the ordinance designed to make Park Avenue, from Water Street to South Upper Broadway, be passed as an emergency item to facilitate the flow of traffic to the Japanese Art Museum, Kaffie's Gallery and the Art Community Center. Mayor Luby and other Council Members Minutes Regular Council Meeting May 11, 1977 Page 7 indicated their concurrence with this request. There was no further discussion on the City Manager's Reports. Motion. by Gill that the City Manager's Reports, Items "a" through "p" be approved; seconded by Lozano, and passed by the Council; with Mayor Luby voting "No" on Item "p". City Manager Townsend next presented the ordinances for consideration of the Council. Mayor Luby called for discussion from the audience on the ordi- nances. Mr. Bill Page of American Disposal Services questioned the size of the signs required for identification of vehicles and containers used by garbage and trash haulers. City Manager Townsend assured him that the signs used by his firm are in compliance with the ordinance and stated that the letter size specified in the ordinance is no less that 21 inches in height, or in an easily readable sign. City Secretary Read polled the Council for their vote, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING TO ARTICLE II, SOLID WASTE PERMITS, OF CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE, A NEW SECTION, TO BE DESIGNATED AS SECTION 21-51A, 10 PROVIDE FOR IDENTIFICATION OF VEHICLES AND CONTAINERS BY DISPLAY OF NAME OF THE FIRM; PROVIDING FOR SAVINGS; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. FIRST READING: AMENDING TBE.CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING 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 AIRLINE ROAD, BOTH SIDES, FROM THE SOUTH RIGHT-OF-WAY LINE OF SOUTH PADRE ISLAND DRIVE (S.H. 358), TO THE NORTH RIGHT-OF-WAY LINE OF WILLIAMS DRIVE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second read- ing by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. Minutes Regular Council Meeting May 11, 1977 Page 8 ORDINANCE NO. 13723: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-250, SCHEDULE I - "ONE-WAY STREETS AND ALLEYS", BY DELETING THE ITEM DESIGNATED AS PARK AVENUE, BETWEEN UPPER BROADWAY AND WATER STREET; PRO- VIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE X, MISCELLANEOUS BOARDS, COMMISSIONS AND COMMITTEES, DIVISION 1, GENERALLY, BY ADDING A NEW SECTION, TO BE DESIGNATED AS SECTION 2-239, TO PRO- VIDE FOR AUTOMATIC RESIGNATION FROM A BOARD OR COMMISSION WHEN A MEMBER OF A PARTI- CULAR BOARD OR COMMISSION MOVES OUTSIDE THE CITY OF CORPUS CHRISTI. The foregoing ordinance was read for the first time and passed to its second read- • ing by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BOB BONNER CONCERNING USE OF TRACT 5 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF OPERATING A RESTAURANT AND FOOD BEVERAGE SERVICE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its -third reading by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING CHAPTER 13, BUILDINGS, CONSTRUCTION, AND RELATED OPERATIONS; HOUSING AND HOUSING PREMISES STANDARDS, ARTICLE II, BUILDING STANDARDS CODE, BY ADDING A NEW SECTION TO BE NUMBERED 13-30, SO AS TO PROVIDE FOR DISPOSITION OF ITEMS OF PER- SONAL PROPERTY THAT MAY BE IN BUILDINGS TO BE DEMOLISHED BY THE CITY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. SECOND READING: FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE RAS SUBSTANTIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE IN ACCORDANCE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPED CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS AMENDED BY ORDINANCES NOS. 10853, 11794, 12366, AND 13182, TO CONFORM TO SAID TEXAS RAILROAD COMMISSION TARIFF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. Minutes Regular Council Meeting May 11, 1977, Page 9 ORDINANCE NO. 13724: AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN THE CITY OF ALICE AND THE JIM WELLS COUNTY FRESH WATER SUPPLY DISTRICT NO. 1 AT BEN BOLT TO ALLOW THE CITY OF ALICE TO SELL TREATED WATER TO THE DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. ORDINANCE NO. 13725: AMENDING THE RULES AND REGULATIONS OF THE CIVIL SERVICE BOARD BY ADDING TO ARTICLE FOUR, SUSPENSIONS_ AND APPEALS, A NEW SECTION, TO BE DESIGNATED SECTION 6, TO PROVIDE FOR WRITTEN NOTICE TO CLASSIFIED EMPLOYEES WHO HAVE COMPLETED SIX MONTHS OF PROBATIONARY SERVICE, OF CONTEMPLATED SUSPENSION OR DEMOTION AND TO PROVIDE OPPORTUNITY FOR SAID EMPLOYEES TO REBUT THE CHARGES; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Diaz and SamOle absent. ORDINANCE NO. 13726: AUTHORIZING THE EMPLOYMENT OF HOBBY H. McCALL AND M. E. ALLISON, SR., TO PROVIDE BOND ATTORNEY SERVICES AND FINANCIAL ADVISORY SERVICES, RESPECTIVELY, FOR THE SALE OF $8,000,000 COMMUNITY=CONVENTION FACILITY BONDS ON JUNE 15, 1977; APPRO- PRIATING $28,314 OUT OF THE NO. 102 GENERAL FUND BALANCE TO PAY THE COST OF SELLING THE SAID BONDS, WITH REIMBURSEMENT TO BE MADE TO THE GENERAL FUND OUT OF THE PROCEEDS OF THE BOND SALE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Lnby voting "No"; Diaz and Sample absent. ORDINANCE NO. 13727: APPOINTING ANITA GARZA AS MUNICIPAL COURT CLERK IN CORPUS CHRISTI; TEXAS; FIXING THE SALARY FOR SAID OFFICE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol= lowing vote: Luby; de Ases; Gill; Gulley and Lozano, present and voting "Aye"; Diaz and Sample absent. RESOLUTION NO. 13728: CONFIRMING THE APPOINTMENT OF JAMES E WIESEHUEGEL TO THE OFFICE OF TRANSIT GENERAL MANAGER BY THE CITY MANAGER; PURSUANT TO CITY CHARTER ARTICLE III; SECTION 3; AND DECLARING AN EMERGENCY; The Charter Rule was suspended and the foregoing resolution Vats passed by the fol= lowing vote: de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Luby present End Voting "No"; Diaz and Sample absent: There being no further business to come before the Council; on motion by Gill; seconded by Gulley; and passed unanimously; the Regular Meeting woo adjourneB at 2:55 p.m; May 11; 1917; {` 1 i Minutes Regular Council Meeting May 11, 1977 Page 10 A Workshop Meeting was called to order following the adjournment of the Regular Council Meeting, and Municipal Court Judge Joe Alsup made his recommenda- tion to the Council that an additional Municipal Court Judge be employed.