HomeMy WebLinkAboutMinutes City Council - 06/22/1977MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 22, 1977
2:00 P.M.
PRESENT:
*Mayor Jason Luby
Mayor Pro Tem Eduardo E. de Ases
Council Members:
* David Diaz
Ruth Gill
Bob Gulley
Gabe Lozano, Sr.
Edward L. Sample
City Manager R. Marvin Townsend
Senior Assistant City Attorney
Bob Coffin
City Secretary Bill G. Read
Mayor Pro Tem de Ases called the meeting to order in the Council Chambers
of City Hall while Mayor Luby was conducting official City business in his office.
The invocation was given by the Reverend Danny Howe, Associate Pastor of
Calvary Baptist Church.
City Secretary Read called the roll of required Charter Officers and stated
that a quorum was present to conduct a legally constituted meeting.
*Mayor Luby arrived at the meeting during the roll call.
Mayor Luby announced the presentation of the following proclamations:
CORPUS CHRISTI MUSEUM DAY - Thursday, June 16, 1977 and CORPUS CHRISTI AREA AMATEUR
RADIO WEEK - June 20 through June 26, 1977.
Mayor Luby announced the public hearing on the proposed amendment to the
Storm Sewer Master Plan for the Flour Bluff area.
City Manager Townsend stated that according to the City Charter, a public
hearing is necessary for any contemplated changes in the master plans adopted.
Mr. Townsend explained that this amendment affects the area northwest of the inter-
section of Flour Bluff Drive and Yorktown Road; recent plats of this area have
necessitated reevaluation of drainage easement requirements so that the easements
are located to prevent severing property; and that the amendment has been approved
by the Planning Commission. City Manager Townsend then requested that Mr. James
K. Lontos, Director of Engineering and Physical Development, explain the amendment.
Mr. Lontos -explained that the area in question is at the intersection of
Flour Bluff Drive and Yorktown Road and that the proposed change recommends that the
80 -foot drainage easement in the Master Plan for this section be moved 1200 feet to
the north; the change would not adversely affect the drainage of the area; the land
MICROFILMEC.
SEP 0 31980
Minutes
Regular Council Meeting
June 22, 1977
Page 2
along Yorktown Road would be improved; and thai the large drainage ditch would
require 80 -foot dedication from the property owners. Mr. Lontos further stated that
this dedication would require 40 -foot dedication of land from the abutting property
owners on each side of the proposed ditch.
Mayor Luby inquired.if the property owners concurred with this plan and the
necessary dedication of land.
Mr. Lontos stated that the property owners had indicated their concurrence,
but that there had been some reluctance by the owner of Lots 10-A and 10-B, but this
problem had been resolved due to the fact that the 55 -foot dedication required by
the original plan had been reduced to 40 feet. City Manager Townsend interjected
that this is undeveloped property.
Mayor Luby invited comments from members of the audience in regard to the
proposed amendment.
Mr. Joe McManus, 509 North Water, stated that he is a Realtor representing
two of the property owners involved, informing the Council that they had recently
purchased the property listed as Lot 10. City Manager Townsend stated that the
original owner of the property should have presented an approved plat of the pro-
perty prior to the sale. Mr. McManus stated that the owners are in the process of
platting the property at this time; they prefer the 40 -foot dedication over the
55 -foot ditch specified in the Master Plan, but the property owners do object to
the 40 -foot dedication without compensation.
Mr. McManus informed the Council that the two owners he represents are Mr.
Raymond Gregory and Mr. Roland Bryant, who own the one-half tract that is nearest
the Oso., He stated that these owners possess land that is high and does not require
drainage and that they feel that they are going to be required to dedicate property
in order to improve drainage on property owned by others, reiterating that they feel
some compensation is in order.
Mayor Luby questioned the necessity for such a large ditch. Mr. Lontos
explained that the excessively sandy soil in Flour Bluff necessitates the wide
ditch to provide for 4 to 1 slopes so that the velocity of the water flow in the
Minutes
Regular Council Meeting
June 22, 1977
Page 3
ditch would be slow enough to deter the displacement of sand. Mr. Lontos also
stated that the gradual slopes could be mowed by the owners. He compared it to the
Flynn -Shea Parkway ditch, which also has a 4 to 1 slope.
City Manager Townsend stated that only 30 feet is required for a covered
drainage pipe, but this type of drainage is not economically feasible.
Mr. McManus expressed the feeling that the City should make citizens aware
of plans included in all of their Master Plans. City Manager Townsend stated that
this Master Plan was adopted after a public hearing that was well -advertised; most
Realtors are aware of the City's master plans; and nearly every engineer in the
City is familiar with master plans.
Mr. Charles Trefflich, 438 Peerman Place, stated that his family had for-
merly owned the property in question and had since 1912, and at the time he sold
the land to Mr. Gregory and Mr. Bryant, he had no knowledge whatsoever that any
dedication of right-of-way would be required by the City.
*Council Member Diaz departed the meeting at 2:40 p.m.
Mrs. Carolyn Tinker, 1010 Furman, inquired if the Storm Sewer Master Plan
did not include drainage through some type of natural arroyo. Mr. Townsend agreed
that proper drainage could be accomplished through a natural arroyo, but pointed
out that the reason for the City having a Platting Ordinance is to assure that the
owners of property have resolved drainage, sanitary sewer, and other problems prior
to the sale of land.
No one else spoke at this time in regard to the amendment to the Storm
Sewer Master Plan for the Flour Bluff area.
Motion by Gulley that the hearing be closed; seconded by Lozano, and passed
by the following vote: Luby, de Ases, Gill, Gulley, Lozano and Sample voting "Aye";
Diaz, absent at this time.
Council Member Gulley stated that he feels that this is a better plan than
the one presently included in the Master Plan, but further indicated that he felt
that 40 feet is an excessive amount of land to be dedicated without reimbursement.
Minutes
Regular Council Meeting
June 22, 1977
Page 4
Motion by de Ases that the amendment to the Storm Sewer Master Plan for
the Flour Bluff area, as recommended by the Planning Commission and as recommended
by the Staff, be approved; seconded by Sample.
Mayor Pro Tem de Ases inquired if the City Staff notifies affected property
owners when such public hearings are held. City Manager Townsend stated that the
hearing was published in the paper as is required by the City Charter. He further
assured the Council that when the Master Plan was adopted, nearly all of the engi-
neers in the City and those who would be involved were made aware of the Master Plan,
and the Master Plan is available in the Department of Planning and Urban Development,
the Department of Engineering and Physical Development, La Retama Public Library and
in various private engineering offices.
Mayor Pro Tem de Ases further inquired if notification is made to property
owners when these amendments are adopted, stating that he would like to have a
member of the Staff review the possibilities of having each property owner who
will be affected by such changes as this notified of the contemplated changes.
City Manager Townsend stated that this suggestion has merit and a study will be
made by the Staff. He requested Mr. Lontos to investigate the question of record-
ing the Master Plan amendment and the establishment of a procedure to notify owners
directly affected by a change in the Storm Sewer Master Plan.
Mr. David Coover, Jr., Attorney, 3701 Denver, spoke at this time and stated
that the owner of the property immediately adjoining the area where changes are
proposed may not be aware of the proposed amendment to the Master Plan. Mr. Coover
pointed out that under the City's present procedures in regard to amendments such as
this, it is possible that the owners affected may not be informed and that such
changes would normally affect the marketability of property.
City Manager Townsend emphasized that the amended plan is a much better
plan for drainage and also pointed out that every owner should be aware of the
existence of Master Plans for Sanitary Sewers and for Storm Sewers.
- Minutes
• Regular Council Meeting
June 22, 1977
Page 5
Mayor Luby called for the vote on the motion by Mayor Pro Tem de Ases to
approve the amendment to the Storm Sewer Master Plan for the Flour Bluff area. The
motion was approved by the following vote: de Ases, Gill, Gulley, Lozano and Sample
voting "Aye"; Luby voting "No"; Diaz absent.
Mayor Luby recognized Sergeant Johnny S. Alaniz of the Community Relations
Section of the Police Department and requested Mayor Pro Tem de Ases to make a pre-
sentation to Sergeant Alaniz.
Mayor Pro Tem de Ases provided background information on the award to be
presented, stating that two years ago, the Council had proposed to present to citi-
zens of the community an award in recognition of distinguished service not job-
related. Mr. de Asee at this time presented the award from the City Council to
Sergeant Alaniz in recognition of his outstanding participation in community affairs.
* * * * * * *
Mayor Luby announced the hearing on the appeal of Mr. Robert C. Seeds, Jr.
regarding the decision of the Planning Commission on the replat of Lot 6R, Block 10,
Schanen Estates West, Unit 10, located at the corner of Woodstone Drive and Locke
Lane. Mr. Seeds is appealing the requirement that the corner lot have a 25' setback
on both streets.
Chief Planner Larry Wenger of the Department of Planning and Urban Develop-
ment presented background information on the subject plat and pointed out the pro-
perty involved on the zoning map. Mr. Wenger stated that this lot is vacant; this
is in a new section of Schanen Estates where homes are being built; and the subject
lot is called a reverse corner lot that fronts on Locke Lane. Mr. Wenger further
stated that the Platting Ordinance dictates that the building line for the house to
be built on such lots should be 25 feet from the front of the property, but that the
owner desires to build a house that will not fit on the lot with the 25 -foot setback
required; therefore, Mr. Seeds, the owner, has requested a waiver of the requirement.
Mr. Anthony Fletcher, attorney representing Mr. Seeds, addressed the Council
on this matter and stated that letters had been received by Mr. Seeds from land-
owners in this area indicating that they had no objection to the waiver of the
e
Minutes
Regular Council Meeting
June 22, 1977
Page 6
setback requirement. Mr. Fletcher presented the Council with a copy of the site plan.
*Council Member Diaz returned to the Council Meeting at 2:55 p.m.
City Manager Townsend stated that notices of this hearing had been sent to
owners of the property in the area and inquired of Mr. Fletcher if letters of no
objection had been received from the owners of Lots 8 and 9. Mr. Fletcher stated
that they had voiced no objections to the proposal.
Mr. Fletcher further stated that he felt that there should be some flexi-
bility to the Platting Ordinance, and since there are no objections from residents
in the area, he requested that Council approve this replat, which requires a 10 -foot
setback rather than a 25 -foot setback for the building line.
Council Member Lozano inquired as to why this lot was planned differently
from the other lots in the subdivision.
City Manager Townsend stated that the developer had platted the subdivi-
sion this way, sold the lots in this configuration, laid out the streets with lots
facing certain ways, and they had set the setback lines.
Mayor Pro Tem de Ases inquired if the owner was aware of the 25 -foot
setback line when the lot was purchased. Mr. Fletcher explained that an architect
had prepared the plans, and it was not discovered that a 25 -foot setback was required
until the plans were sent to the blueprint company.
City Manager Townsend pointed out that according to the minutes of the
Planning Commission of April 26, 1977, the owner was aware of the 25 -foot setback
line when the property was purchased. Mr. Townsend further stated that this parti-
cular requirement is designed to protect the owner from the curvein the road and
some of the lots are still owned by the developer and it is impossible to know the
views of the future owners.
Mayor Pro Tem de Ases asked if the appeal is granted and the building line
is moved out 15 feet, would this action set a precedent and possibly allow the
owners of other lots in the area to request the same variance.
City Manager Townsend indicated that this is a possibility.
Further discussion in regard to building lines for other lots followed.
No one else appeared in connection with this matter.
Minutes
Regular Council Meeting
June 22, 1977
Page 7
Motion by Gulley that the hearing be closed; seconded by Lozano, and passed
unanimously.
Motion by Gulley that the appeal of Mr. Robert C. Seeds, Jr., be approved
and the setback requirement be 10 feet on Lot 6R, Block 10, Schanen Estates West,
Unit 10; seconded by Diaz.
Motion by Gill that this motion be amended to include Lots 5, 4, 3, 2, 1,
11, 10, 9, 8 and 7 to be allowed the 10 -foot setback instead of the 25 -foot setback.
Further discussion followed.
Council Member Gill's amendment to Council Member Gulley's original motion
was seconded by de Ases. Mayor Luby called for the vote on the amendment to the
motion, and it was approved by the following vote: de Ases, Gill, Lozano and
Sample voting "Aye"; Luby, Diaz, and Gulley voting "No".
City Manager Townsend pointed out that this amendment would require all of
the owners of lots on Woodstone Drive, from Locke Lane to Wickersham Drive, to sub-
mit an application for change of building line and suggested that the matter be
tabled for further study.
Council Member Diaz agreed with this suggestion, stating that according
to the amended motion, a 10 -foot setback is being imposed on all of those owners.
Council Member Gulley stated that he is not in favor of such a setback for
the entire neighborhood.
Mayor Luby called for the vote on the original motion, as amended, and it
was approved by the following vote: de Ases, Gill, Lozano and Sample voting "Aye";
Luby, Diaz and Gulley voting "No".
City Manager Townsend stated that the other owners will be notified of the
Council action. Mr. Townsend also pointed out that as the matter now stands, the
owner of Lot 6R, who had filed the appeal, would not be able to build until all of
the property owners had requested the 10 -foot setback, stating that the Staff needs
further direction from the Council in regard to this particular lot.
Motion by de Ases that the owner of Lot 6R, Block 10, Schanen Estates West,
Unit 10, be allowed to build at this time; seconded by Sample, and passed unanimously.
Minutes
Regular Council Meeting
June 22, 1977
Page 8
City Manager Townsend stated that by law this should be presented to the
Planning Commission since the Council has issued a policy of approval of the
10 -foot setback.
* * * * * *
Mayor Luby called for the City Manager's Reports. City Manager Townsend
presented the following items with related comments and discussion:
a. Recommendation that a public hearing be held at a Special Council Meeting
at 3:30 p.m. on July 13, 1977 on the following zoning cases:
(1) Mr. G. E. Cothran and Mr. M. L. Shuford: "A-1" and "B-1" to "B-1"
and "8-4", located north of Horne Road between Crosstown Expressway
and Rambler Street.
(2) Mr. Modesto Sanchez: "R -1B" to "B-4", located on the southeast corner
of Sarita Street and Baldwin Boulevard.
(3) Island Supply: "R -1B" to "B-4", located between Greenbay Drive and
McIver Street approximately 150' north of South Padre Island Drive.
(4) Mr. H. K. Howard, Trustee: "A-2" to "B-5", located on the southeast
corner of Carrizo and Comanche Streets.
(5)
Collins Catering, Inc.: Exception to the Screening Fence Requirement,
located between Flour Bluff Drive and McDonald Street, approximately
400 feet north of S. Padre Island Drive.
(6) Clifford Jackson Funeral Home, Inc.: "R -1B" to "R-2", located on the
north side of Houston Street, approximately 158 feet east of Kostoryz
Road.
b. Recommendation that the following contracts be awarded for purchase of
mowing equipment on the basis of low bid meeting specifications:
Gulfside Equipment Company, Inc., Corpus Christi
1 replacement 50 hp tractor with loader for
the Park Division
1 additional 40 hp tractor with 3 point hitch for
the Wastewater Services Division
$ 9,167.75
7,199.00
Ag -Line International, Corpus Christi
1 additional tandem disc harrow for the
Wastewater Services Division 949.00
E. L. Caldwell & Sons, Inc., Corpus Christi
1 additional 72" rotary mower for the
Wastewater Services Division 842.88
Jones Implement Company, Corpus Christi
1 replacement 60" rotary mower for the
Oso Golf Course 294,00
GRAND TOTAL ---- $18,452.63
Regular Council Meeting
June 22, 1977
Page 9
The prices include trade-in on replacement equipment. The apparent low bid
of $873 by Jones Implement Company on the disc harrow did not meet specifi-
cations because it does not provide for 3 -position cutting. Bids were
received from 5 firms. Price comparison exclusive of trade-in shows
increases ranging from 12.2% to 16.3%. The additional equipment for the
Wastewater Services Division will be used to cut grass and weeds at and to
prepare and maintain sludge injection areas at several treatment plants.
c. Recommendation that replacement golf course and park maintenance equipment
be purchased from the following firms on the basis of low bid meeting
specifications:
Watson Distributing Company, Inc., San Antonio
1 5 -unit gang tractor mower with hydraulic lift for
the Park Division
2 60" self-propelled rotary mowers for the Park Div.
1 30" self-propelled reel mower for the Park Division
1 22" self-propelled rotary mower for the Water Division
Goldthwaites of Texas, Inc., San Antonio
1 7 -unit reel type gang mower for the Oso Golf Course
Ayers Rental Tool Company, Corpus Christi
3 21" rotary mowers for the Park Division
GRAND TOTAL
$ 8,888.00
3,678.00
999.00
285.46
3,213.00
689.85
$17,753.31
The apparent low bid of $7,819 by Goldthwaites of Texas, Inc. on the 5 -unit
gang tractor mower with hydraulic lift is not recommended because the unit
has front wheel steering instead of rear wheel steering as specified. The
apparent low bid of $643.86 by Garden Equipment Sales, Inc., Corpus Christi,
on 3 21" rotary mowers is not recommended because the unit adjusts cutting
height by means of a light duty finger tip wheel instead of by bolt as
specified. Bide were received from 5 firms. Price comparison, exclusive
of trade-in, ranges from a decrease of 6.6% on the 60" self-propelled rotary
mowers to an increase of 39.5% on the 5 -unit gang tractor mower with hydraulic
lift since last purchase in 1976 and 1973, respectively.
d. Recommendation that nine 5" pumper valves for the Fire Department be purchased
from J. W. MOON, INC., Philadelphia, Pennsylvania on the basis of low bid
meeting specifications of $3,375. Specifications required the valves to be
no longer than 7 3/8" so that the valves and suction hose would not extend
beyond the running board of the fire truck. The bids submitted by the other
six firms provided a valve with a length of 811". The bids ranged from
$2,892.99 to $3,436.65. These valves will allow soft suction hose to be
pre -connected to the pump for faster hookup to the hydrant at the fire scene.
Currently, the Fire Department does not have any of these valves.
e. Recommendation that a contract be awarded to Dyna Med, Carlsbad, California
for 6 replacement ambulance cots on the basis of low bid meeting specifi-
cations of $3,152.17. The apparent low bid of $2,807.24 by Hope Medical
Supply, Corpus Christi, did not meet specifications because the fasteners
bid are not compatible with the cots. Bids were received from 5 firms.
Price comparison shows an increase of approximately 4%.
Minutes
Regular Council Meeting
June 22, 1977
Page 10
f. Recommendation that Tax Roll Adjustments for February 1 through April 30,
1977 be approved as follows:
g.
Tax Levies, 8-1-76
Previously approved thru 1-31-77
Recommended changes, 2-1-77 thru
Tax Levies, 4-30-77
City of Corpus Christi Water District
1976 Levy
$16,955,313
(9,866)
4-30-77 (7,145)
$16,938,302
Prior Prior
Years Years
Levies Levies
$1,728,527 $22,148
1,445 (25)
(3,313) (32)
$1,726,659 $22,091
- The decrease in the 1976 levy consists of net decreases of $3,901 in real
property and $3,244 in personal property. Significant real property
adjustments include $2,250 for properties of 44 taxpayers whose homestead
exemptions were approved; $299 for 11 disabled veterans; and $656 for five
properties owned by exempt public agencies. Personal property adjustments
include decreases of $513 for property of Appropos, Inc. and $217 for
property of Swift -Ships when -records were presented, and $410 for property
of House of Jeans as being double assessed.
Recommendation that the City pay $8,320.83 to Mr. John T. Tucker, developer
of Jackson Woods Subdivision Unit 2 for 1/2 of the construction costs for
constructing street improvements around the dedicated park in the subdivision
located west of McKenzie Road and south of Interstate Highway 37.
h. Recommendation that a change order for $280,760.00 be authorized for the
Community Auditorium project for installing the passenger elevator; finishing
the public and semi-public areas, completing the first level public restrooms
and rehearsal room; providing wood veneer for the acoustic clouds and asbestos
curtain in the auditorium; adding first floor restrooms, dressing room
counters, handicap handrail on the wheelchair ramp, and carbonated drink
conduit from the concession area storage room to the concession counter;
installing carpet in the semi-public and public areas; and modify -the portable
stage extension to allow installation in.two phases. An extension of 60
working days to perform the work is recommended. The change order provides
for all the items not included in the contract award except the finishing
of the rear stage and service areas such as upper level offices, storage
room and dressing rooms and the theater dimming and lighting equipment. It
is also recommended that the original carpet allowance of $29,400.00 be deleted
and be replaced by this change order. An appropriation of $268,205.60 is
requested to supplement previous appropriations for the change order and
additional architectural fees.
i. Recommendation that the 50 mph speed limit on South Padre Island Drive
(Park Road 22), beginning at a point 250 feet east of Lakeside Drive and
extending 1680 feet past the east end of the Humble Channel Bridge, be
continued to the east City limits line. The change is one of the interim
measures recommended by the State Department of Highways and Public Trans-
portation to increase safety along the Causeway.
Recommendation that bids be received at 11 a.m., Tuesday, July 12, 1977, for
the following budgeted items:
(1) A self-propelled, vacuum street sweeper and an additional 8-10 ton
self-propelled, tandem roller for the Street Division. The vacuum
sweeper will have the capacity to clean debris from the right-of-way
as well as from the street and will replace a conventional street
sweeper.
j.
(2)
A three-year contract for maintenance of temperature control equipment
at City Hall, the Utilities Building, the Police Building, the Corpus
Christi Museum, International Airport, and La Retama, Parkdale, and
Greenwood Libraries.
Minutes
Regular Council Meeting
June 22, 1977
Page 11
k. Recommendation that the jointly -agreed priority list allocating EDA funds
between the City of Corpus Christi, West Oso Independent School District
and the Flour Bluff Independent School District be submitted to the
Economic Development Administration. The first four projects in order of
priority are:
(1) Horne Road sanitary sewer replacement
(2) Construction of classrooms for the West Oso District
(3) Vocational education rooms for the Flour Bluff District
(4) Staples water main replacement
$ 725,000
617,000
782,000
686,000
$2,810,000
1. Recommendation that the 400 Block of Peoples Street, from Mesquite to
Chaparral Streets, be closed to vehicular traffic from 9:00 a.m.,
Saturday, July 2, 1977, to 9:00 p.m., Monday, July 4, 1977, so that the
People's Alley merchants may sponsor a fourth of July celebration.•
m. Recommendation that the 1200 through 1700 blocks of North Shoreline be
closed to vehicular traffic from 8 A.M., Saturday, September 24 to 12 noon
Wednesday, October 5, 1977, so that Bayfest '77 can be celebrated. This
event will be sponsored jointly by the Corpus Christi Arts Council and
the Junior League of Corpus Christi. The event will be held on Friday,
September 30 through Sunday, October 2, 1977. The property owners facing
North Shoreline Blvd. within the Bayfest '77 site have been contacted and
offer no opposition.
n. Recommendation that the consulting engineering firm of Callins, Haggard &
Associates be retained to prepare final plans and specifications for rehabilita-
tion of the air-conditioning system for City Hall. The contract provides
for various modifications to the existing system, including installation
of a new air cooled unit outside of the City Hall. Engineering cost is
estimated at $6,600 for a project cost estimated at $55,000 to $65,000.
o. Recommendation that a resolution be passed approving the plan of settle-
ment and reorganization of Coastal States Gas Corporation, dated January
24, 1977, and authorizing the City Manager to work with other customers of
Lo -Vaca in the implementation of the plan, including preparation of all
documents ancillary to the settlement with the exception of final closing
papers which will be submitted to the City Council for approval prior to
execution.
Mayor Luby called for discussion by the Council on the City Manager's
Reports.
Council Member Sample inquired about Item "j" (2), which pertains to a
three-year contract for maintenance of temperature control equipment for a number
of City buildings and asked about the estimated cost on an annual basis. City
Manager Townsend informed him that the annual estimate is approximately $5,800 and
that at the present time, two companies, Powers and Honeywell, have the contracts
for this maintenance.
Council Member Gill stated that she is opposed to Item "n", which proposes
rehabilitation of the air-conditioning system for City Hall and quoted from an arti-
cle in the Corpus Christi Caller of Saturday, June 18, 1977, by John Stallings. In
Minutes
Regular Council Meeting
June 22, 1977
Page 12
the article, Mr. Stallings stated that an Austin man had suggested to a member of
President Carter's staff that it would be appropriate, even patriotic, for men to
abstain from wearing coats and ties during the course of the business day in June,
July and August. Council Member Gill suggested that the Council Members follow
this and eliminate the necessity for rehabilitating the air-conditioning system.
Mayor Luby stated his objections to this suggestion.
Mayor Luby called for discussion from the audience on the City Manager's
Reports.
Ms. Debbie Dumphy, 5309 Sugar Creek, spoke in regard to Item "i", which
recommends the reduction of the speed limit on South Padre Island Drive to 50 mph.
Speaking as a member of the Traffic Safety Advisory Board, pointing out that such
recommendations are usually presented to that Board before being recommended to
the Council, but indicated that she feels sure that the Board would concur with the
recommendation. She suggested stipulations of her own, stating that unless more
funds are allocated for law enforcement officers to patrol this area to enforce the
speed limit, this reduction would not help the situation. BMs. Dumphy further stated
that speed is not the only contributing factor to the numerous accidents at this
location and emphasized that the primary cause of the fatal accidents is driving
while intoxicated. She suggested that this Council pass a resolution urging the
State Legislature to approve more stringent laws to combat DWI cases.
Council Member Sample indicated that the Council is concerned about this
and during the morning Workshop Meeting had considered the possibility of a further
reduction of the speed limit, but this'recommendation was from the State Department
of Highways and Public Transportation.
Mr. Clifford Cosgrove, 3302 Olsen Drive, spoke in regard to Item "k", par-
ticularly as it relates to Horne Road sanitary sewer replacement. He stated that
this problem has existed for some time and needed to be alleviated as soon as pos-
Bible, and questioned how soon this work would be accomplished.
City Manager Townsend stated that the City had been assured of obtaining
these EDA funds, and the Horne Road sanitary sewer replacement, from Ayers Street
Minutes
Regular Council Meeting
June 22, 1977
Page 13
to Kostoryz Road, should be under contract within 60 to 75 days.
Council Member Gill inquired if anything could be injected into the sewer
line at this location to help eliminate the odor as a temporary measure. City
Manager Townsend stated that he feels that everything possible has been done, but
this suggestion will be considered and if any further action is possible, it will be
taken.
Mr. Benny Benavides, 2421 Cleo, stated that as a new member of the Traffic
Safety Advisory, it was his understanding that the Chairman was designated to pre-
sent the views of the entire Board, rather than individual members.
Mr. Pat Judd, 318 Westgate, speaking in regard to Item "i", stated that he
agrees with the reduction of the speed limit on this portion of South Padre Island
Drive and also pointed out the need for a traffic light at the intersection of South
Padre Island Drive and Park Road 53 (which is the road to Port Aransas).
Council Member Diaz informed Mr. Judd that this is outside the city limits
and the City of Corpus Christi has no jurisdiction over the area. Mayor Luby sug-
gested to Mr. Judd that he contact County Commissioner J. P. Luby in regard to this
request.
Mayor Luby inquired about Item "o", which recommends a resolution to be
passed approving the plan of settlement and reorganization of Coastal States Gas
Corporation.
City Manager Townsend stated that this has been discussed for the past two
weeks; there is no new information on the matter; the resolution is basically the same
as the one that was presented to the Council two weeks ago; and he assured the Council
that final papers will be presented to the Council before they are executed.
Mayor Luby voiced his strong opposition to this out-of-court settlement,
stating that he is totally opposed to such a resolution since the settlement con-
sists of a "rip-off" by Oscar Wyatt and Coastal States Gas Corporation. Mayor Luby
reiterated that legal action should be pursued by the City of Corpus Christi against
Coastal States, stating that he feels certain the City could win such a case. He
also pointed out that Mayor Lila Cockrill of San Antonio had agreed to this settle-
ment because shelled been assured that the new company will be headquartered in San
Minutes
Regular Council Meeting
June 22, 1977
Page 14
Antonio, which city will benefit from the large payroll and other expenses generated,
and Corpus Christi will not have this advantage.
City Manager Townsend stated that all of the changes suggested have been
incorporated in the document.
Council Member Diaz commented that if the City of Corpus Christi did file
a suit against Coastal States Gas Corporation, and if they did win such a suit, it
would represent a "hollow victory" because there would be no funds to reimburse the
City for damages and the City would probably be without a source of gas.
Mayor Luby stated that he had many times before urged the City to find a
new gas supplier.
City Manager Townsend pointed out that the City has a contract with Coastal
States, and if the contract is canceled by the City, we would liable for damages,
because there has not been a failure on the part of the contractor to supply gas.
Mr. Townsend also stated that the City has no other source to attempt to obtain
another gas supplier.
Motion by de Ases that the City Manager's Reports, Items "a" through "o"
be approved; seconded by Gulley, and passed by the following vote: de Ases, Diaz,
Gulley, Lozano and Sample voting "Aye" on all items; Luby voting "Aye" on all items
with the exception of Item "o"; and Gill voting "Aye" on all items except Item "n".
City Manager Townsend presented the ordinances for consideration of the
Council.
Before the vote was taken on the ordinances, Mayor Luby stated that he
intended to veto Ordinance No. 13784, approved on third reading June 15, 1977,
which appropriates $30,850 out of the Airport Bond Fund for caliche and asphalt
to provide an additional 125 parking spaces at International Airport. Mayor Luby
presented the following written veto addressed to the City Council of the City of
Corpus Christi:
"I hereby return Ordinance #13784 unsigned along with my veto under
Article II, Section 6.
"The purpose of the veto is that the City maintenance crews should be
working on City streets and not building parking lots at the Inter-
national Airport.
Minutes
Regular Council Meeting
June 22, 1977
Page 15
"Further, the City of Corpus Christi should be out of the construction
business and we should leave construction to private enterprise."
/s/ Jason Luby,
Mayor
Motion by de Ases that the Council override the Mayor's veto of Ordinance
No. 13784; seconded by Sample, and passed by the following vote: de Ases, Diaz,
Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No".
Mayor Luby called for the vote on the ordinances, and City Secretary Read
polled the Council. The following ordinances were approved by the vote indicated:
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 19-172, REINSPECTION FEES, OF ARTICLE VI, MILK AND MILK PRODUCTS,
TO PROVIDE FOR NEW SCHEDULE OF FEES FOR INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING
FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting
"Aye".
FIRST READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING
SECTION 19-180, DEFINITIONS, OF ARTICLE VII FROZEN DESSERTS, SO AS TO ADD DEFINITION
OF MOBILE UNIT; ADDING A NEW SECTION, 19-193, INSPECTION FEES, SO AS TO PROVIDE FOR
INSPECTION OF FROZEN DESSERTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye";
Luby voting "No".
FIRST READING:
FINDING THAT THE BAYFEST 77 ON SEPTEMBER 30 THRU OCTOBER 2, 1977 IS IN THE INTEREST
OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF NO. SHORELINE TO
VEHICULAR TRAFFIC FROM 8:00 A.M. SATURDAY, SEPTEMBER 24, 1977 TO 12:00 NOON WEDNESDAY,
OCTOBER 5, 1977, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI,
TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY
VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY
PROPERTY, APPROVAL OF TIE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE
COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD,
COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE
SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC: AUTHORIZING THE CITY MANAGER
TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE, FOR PUBLICATION,
AND PROVIDING FOR SEVERANCE.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting
"Aye".
Minutes
Regular Council Meeting
June 22, 1977
Page 16
SECOND READING:
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 THE NORTH SIDE
OF SOUTH PADRE ISLAND DRIVE, FROM 100 FEET EAST OF THE RIGHT-OF-WAY LINE OF STONE
STREET TO THE EAST RIGHT-OF-WAY LINE OF WEAVER STREET; 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, Diaz, Gill, Gulley, Lozano and Sample voting
"Aye".
SECOND READING:
AMENDING THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI, AS ADOPTED BY ORDINANCE NO.
12604, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 23, 1975, BY AMENDING SEC-
TION I-7 OF APPENDIX I THEREOF, BY ADDING A NEW PARAGRAPH TO BE NUMBERED "g" SO AS
TO PROVIDE FOR EXCEPTIONS FOR MOBILE HOME TIE DOWNS ON DEALER LOTS; PROVIDING A
SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION BY NOTICE.
The foregoing ordinance was read for the second time and passed to its third read-
ing by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting
"Aye"; Gill abstaining.
SECOND READING:
AMENDING SECTION 13-74, SUPERVISION OF AND'RESPONSIBILITY FOR WORK, OF ARTICLE III,
ELECTRICAL, DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI,
1976 REVISION, SO AS TO HEREAFTER PROVIDE FOR UP TO THREE (3) APPRENTICES TO BE PER-
MITTED TO WORK UNDER THE ON-SITE SUPERVISION OF A MASTER OR JOURNEYMAN ELECTRICIAN;
PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION.
The foregoing ordinance was read for the second time and passed to its third read-
ing by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye";
Luby and Gill voting "No".
THIRD READING - ORDINANCE NO. 13798:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE LEASE AGREEMENT WITH
SOUTHWEST AIRLINES CO. SO AS TO INCLUDE THE INSTALLATION AND MAINTENANCE BY SOUTH-
WEST AIRLINES CO. OF A PASSENGER ACCESS/JETWAY AT AN ANNUAL RENTAL OF $120, ALL AS
MORE FULLY SET FORTH IN THE AMENDMENT TO THE LEASE AGREEMENT, A SUBSTANTIAL COPY
OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A".
The foregoing ordinance was read for the third and passed finally by the following
vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
ORDINANCE NO. 13799:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH JOHN T. TUCKER, DEVELOPER
OF JACKSON WOODS SUBDIVISION UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER
OF ONE-HALF THE COST TO CONSTRUCT STREET IMPROVEMENTS AROUND THE DEDICATED PARK
ABUTTING RICHMOND STREET AND FAIR OAKS STREET IN THE JACKSON WOODS SUBDIVISION, A
SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF,
MARKED EXHIBIT "A"; APPROPRIATING $8,320.83 OUT OF THE NO. 220 STREET BOND FUND
FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLICABLE TO PROJECT NO.
220-72-41; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
Minutes
Regular Council Meeting
June 22, 1977
Page 17
ORDINANCE NO. 13800:
AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 14 TO THE CONTRACT WITH LANPHIER CON-
STRUCTION COMPANY FOR IMPROVEMENTS TO THE CORPUS CHRISTI COMMUNITY AUDITORIUM, SAID
CHANGE ORDER TO PROVIDE FOR VARIOUS IMPROVEMENTS TO THE AUDITORIUM AS APPROVED IN
THE BALLOT PROPOSITION OF JUNE 26, 1976, ALL AS MORE FULLY SET FORTH IN SAID CHANGE
ORDER, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED
EXHIBIT "A"; APPROPRIATING $268,205.60 OUT OF THE NO. 209 COMMUNITY CONVENTION FACI-
LITY BOND FUND TO SUPPLEMENT PREVIOUS APPROPRIATIONS ON THE AUDITORIUM PROJECT, AND
TO COVER THE COST OF THE CHANGE ORDER AND ADDITIONAL ARCHITECTURAL FEES APPLICABLE
TO PROJECT NO. 209-76-7, AUDITORIUM IMPROVEMENTS; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol -r
lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
ORDINANCE NO. 13801:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING
SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY
DELETING DESIGNATION OF SPEEDS ON PARTS OF SOUTH PADRE ISLAND DRIVE AND IN LIEU
THEREOF ADOPTING NEW PROVISIONS FOR SPEED LIMITS OF 50 MPH AT ALL TIMES ON SOUTH
PADRE ISLAND DRIVE (PARK ROAD22) FROM A POINT 250 FEET EAST OF LAKESIDE DRIVE
CENTERLINE TO THE EAST CITY LIMITS LINE; PROVIDING 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, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
ORDINANCE NO. 13802:
FINDING THAT FESTIVITIES CELEBRATING THE FOURTH OF JULY BY PEOPLE'S ALLEY MERCHANTS,
ON JULY 2 THROUGH JULY 4, 1977, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING
THE 400 BLOCK OF PEOPLES STREET TO VEHICULAR TRAFFIC FROM 9 A.M., SATURDAY, JULY 2,
TO 9 P.M., MONDAY, JULY 4, 1977, FOR SAID FESTIVITIES SPONSORED BY THE PEOPLE'S
ALLEY MERCHANTS; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING
FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE
ENGINEERING AND PHYSICAL DEVELOPMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PER-
MITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING PAINTINGS OR
MARKINGS ON STREETS AND TRAFFIC CONTROL DEVICES; REQUIRING THE SPONSOR TO RESTORE
THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE
THE ATTACHED APPLICATION PERMIT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR
PUBLICATION; 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, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
ORDINANCE NO. 13803:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH CALLINS, HAGGARD & ASSO-
CIATES, INC., CONSULTING ENGINEERS, FOR THE PREPARATION OF A PRELIMINARY ENGINEER-
ING DESIGN REPORT AND PLANS AND SPECIFICATIONS FOR THE MODIFICATION AND REPLACEMENT
OF THE CITY HALL AIR CONDITIONING SYSTEM, IN SUBSTANTIALLY THE FORM ATTACHED HERETO,
MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $6,600 FROM THE NO. 102
GENERAL FUND, ACTIVITY 3291, CODE 502; AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed by the fol-
lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye".
Minutes
Regular Council Meeting
June 22, 1977
Page 18
FIRST READING:
APPROVING THE JANUARY 24, 1977, SUMMARY OF SETTLEMENT AND REORGANIZATION PLAN FOR
COASTAL STATES GAS CORPORATION AND ITS SUBSIDIARIES AND STOCKHOLDERS AND THE CITY
OF CORPUS CHRISTI AND OTHER CUSTOMERS OF LO-VACA GATHERING COMPANY AS THE BASIS FOR
SETTLEMENT OF LITIGATION.
The foregoing ordinance was read for the first time and passed to its second reading
by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye";
Luby voting "No".
Mayor Luby called for petitions or discussion from members of the audience.
Ms. Sylvia Foran, 4224 Ocean Drive, addressed the Council at this time and
expressed appreciation to the Council for their support of Bayfest '77. Me..Foran
presented members of the Council with Bayfest T-shirts.
No one else addressed the Council.
City Manager Townsend reminded the Council of the Coastal Bend Council of
Governments meeting to be held on June 24, 1977, and the TRW luncheon at the Corpus
Christi Country Club at 11:30 a.m. Friday, June 24, 1977.
City Manager Townsend also informed the Council that Phase 1 of the Corpus
Christi Beach restoration project is almost completed. Mayor Pro Tem de Ases sug-
gested that the Council visit the area to inspect the improvements.
There being no further business to come before the Council, on motion by
Sample, seconded by de Ases, and passed unanimously, the meeting was adjourned at
4:25 p.m. June 22, 1977.