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HomeMy WebLinkAboutMinutes City Council - 04/04/1979PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill *Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 4, 1979 2:00 P. M. City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend J. C. Henning of Trinity Lutheran Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano announced that a proclamation has been issued declaring April 8 through April 14, 1979 as "NATIONAL MEDICAL WEEK". Mayor Gabe Lozano called for the City Manager's Reports. City Manager Townsend pointed out that the agenda placed before them included two additional items which had been posted as a supplemental agenda and that one item concerning the closing of a utility easement had been withdrawn pending notification of a corrected problem which existed after which time it would be resubmitted for consideration. City Manager Townsend then proceeded by presenting the following items with related comments and explanations and recommended that: a. The following actions be taken in connection with the City Council Election to be held on April 7, 1979: (1) Change the polling places in the following precincts: Precinct: From: To: 42 Bessar Park Center Garage at Hatch Residence 2760 Santa Fe 2802 Denver 61 Shaw School Annex Shaw School Annex 844 Virginia 3109 Carver (Change of address only) Minutes Regular Council Meeting April 4, 1979 Page 2 (2) Appoint the following judge% and alternate judges In the precincts listed in lleu of the ones previously appointed: Precinct: Presiding Judge: Alternate Judge: 2 Pat Rimas 6 Mrs. Blanche de los Santos 9 Mrs. T. C. Hayes 18 Viola Farrias Penny Gandy 29 Mrs. Dan E. Kilgore Mrs. Celia Cardenas 33 Beatrice Gonzales Sally Villegas 39 Gilma Guerra 40 Jerry Fullerton 44 Mrs. Belie Canales Mrs. Beatrice R. de Leon 46 Jose Rodriguez 52 Wayne Haden Mrs. Bertha Haden 58 Billy G. Schwartz 63 Lloyd G. Lipsey 64 Mrs. Burt Potter 73 81 86 87 92 93 99 103 & 111 106 112 Mrs. Georgia Blumberg Mrs. Kathryn Elliott Mrs. Eve Cox Mrs. Diane McBride Rosie Zepeda Florence M. Victor Dorothy I. Andrews Mrs. Charlotte Gideon John Groom J. L. Bowles Mrs. Kay Helbling Mrs. W. A. Pitts b. Bids be received at 11:00 a.m., Tuesday, April 24, 1979 on the following budgeted items: ** C. (1) (2) (3) (4) Rustproofing 116, new 1979 motor vehicles. Two ultra low volume cold aerosol generators for use by the Health Department in mosquito control. These budgeted generators will replace two turbine machines. The ultra low volume machines are more effective in mosquito control, use less malathion and can be operated by a one-man crew as opposed to two-man crews. The turbine machines are being phased out. A lifting bag set for fire and ambulance rescue operations. An atmospheric sulfur dioxide analyzer with a 15 minute record for air pollution control. The City has two continuous monitoring analyzers which are beyond repair. A closed meeting be held to discuss personnel matters. d. The public hearing for assessments for the Casa de Manana West Oso High School Sidewalk Improvements be closed and the assessment roll be adopted. The roll includes 12 items for a total of $11,029.17. ** This item was considered later Minutes Regular Council Meeting April 4, 1979 Page 3 Mayor Lozano called for questions or discussion from the Council on the City Manager's Reports. Council Member Diaz spoke in regard to item "b" (1) and inquired if rustproofing involved both cars and trucks and what the life span of the City's motor vehicles was. City Manager responded that rustproofing did indeed involve both cars and truck' and that life span on vehicles was either 70,000 miles or between five and six years adding that some of the City's trucks have been used for as long as ten years, depending on the use of the truck. There were no further comments in regard to the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a", "b" and "d", be approved; seconded by Diaz; and passed by the following vote: Lozano, Gulley, Diaz, Gill and Sample voting "Aye"; Holt and Juarez, "absent". Mayor Lozano announced consideration of the following tabled matter: Proposed revisions to milk inspection and related fees. On February 28, 1979, this item was tabled for 30 days to determine the progress of legislation introduced in this session of the legislature to transfer inspection respon- sibilities to the state. It is recommended that the proposed revisions be deferred for 6 weeks to May 16, 1979. Hearings have been held in both houses and a bill has been reported out of committee in each house. Four amendments have been added in committee. These amendments will authorize only the Texas Department of Health to impose license fees; allow municipalities to authorize the sale of only pasteurized milk or milk products; and clearly define the role of the State Health officer in milk inspection. Motion by Gulley that the foregoing item be tabled for an additional 6 weeks or to May 16, 1979 as recommended; seconded by Sample and passed unanimously. * * * * * * * * * * * Council Member Juarez arrived at the meeting at 2:13 p.m. Under the discussion items, City Manager Townsend informed the Council that the Texas Water Rights Commission, the Nueces River Authority and the City of Corpus Christi were being sued by McMullin County and others to overrule the Texas Water Rights Commission on their issuance of their permits for the construction of Choke Canyon Reservoir stating that their objection was based on possible water loss. City Manager Townsend stated that the case went to the district court in Travis County and was appealed on the basis that the permit was improperly issued and that the matter was scheduled to be heard in Travis County late this month. Mr. Townsend proceeded Minutes Regular Council Meeting April i+, 1979 Page 4 to say that the proposal for settlement is to pay $22,500 to McMullin County and that in addition, a McMullin County landowner will be allowed to take about 20 million gallons of water each year for agricultural purposes; that the settlement which had been proposed during discussion with the parties' representatives would resolve the matter; and that the parties involved felt that it is important to have a more adequate relationship with McMullin County and not be involved in lawsuits. Council Member Diaz expressed his opinion stating that the amount of settlement proposed would be worth more than any further involvements in litigation. Mayor Pro Tem Gulley inquired as to the source of funds for the settlement. City Manager Townsend replied that the amount of $22,500 would be coming from the City's water reserve fund. Further discussion followed among the Council Members and an indication of their agreement with the settlement was noted at this time. Motion by Gulley that the City go ahead with the proposed settlement; seconded by Diaz and passed unanimously. * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments or questions in regard to them. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AMENDING CHAPTER 57, VEHICLES FOR HIRE, OF THE CORPUS CHRISTI CODE OF ORDINANCES, BY REPEALING SECTION 57-135. FARES -- AMOUNTS AND IN LIEU THEREOF ADOPTING NEW PROVISIONS FOR SAID SECTION 57-135, BY ESTABLISHING THE TAXICAB RATES HEREINAFTER SET FORTH; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14849: AMENDING ORDINANCE NO. 14778 AND ORDINANCE NO. 14779, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 21, 1979, BY AMENDING SECTION 4 OF ORDINANCE NO. 14778 AND BY AMENDING SECTION 1 OF ORDINANCE NO. 14779 SO AS TO CHANGE THE POLLING PLACE LOCATIONS IN PRECINCTS 39, 42 AND 61 FOR THE HOLDING OF THE ELCTION FOR MAYOR AND SIX COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON APRIL 7, 1979; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE SAID ORDINANCES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Dlaz, G111, Juarez, and Sample voting "Aye"; Holt, "absent". Minutes Regular Council Meeting April 4, 1979 Page 5 THIRD READING - ORDINANCE NO. 14550: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 EEVISION, AS AMENDED, 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 OCEAN DRIVE, WEST SIDE, FROM ELIZABETH TO AYERS STREET, AND BY AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON STREETS BY ADDING TO: "OCEAN DRIVE, WEST SIDE, BETWEEN CRAIG STREET AND COLE STREET" THE FOLLOWING NOTATION: "EXCEPT BETWEEN AYERS STREET AND ELIZABETH STREET"; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14851: AMENDING ORDINANCE NO. 14683, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 20, 1975, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 14725, ON JANUARY 17, 1979, WHICH ORDINANCES DELINEATED CITY VOTING PRECINCTS, DESIGNATED POLLING PLACE LOCATIONS, DESIGNATED ELECTION JUDGES AND ALTERNATES, AND A SPECIAL CANVASSING BOARD FOR ABSENTEE BALLOTING FOR ALL MUNICIPAL ELECTIONS FOR THE YEAR 1979, BY AMENDING SECTION 1 OF SAID ORDINANCE BY CHANGING THE ELECTION JUDGES AND ALTERNATES IN VARIOUS PRECINCTS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE ORDINANCE; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". RESOLUTION NO. 14852: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI ENDORSING PASSAGE BY THE TEXAS STATE LEGISLATURE OF SENATE BILL 603 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14853: CLOSING THE HEARING ON SIDEWALK IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Old Brownsville Road, Northside, from Casa de Manana, Unit I, to Cliff Maus Drive, 2. Bear Lane, Northside, from Old Brownsville Road to Navigation Boulevard, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". * * * * * * * * * * Minutes Regular Council Meeting April 4, 1979 Page 6 Motion by Diaz that Council Member Joe Holt, who was out of the City, be excused for just cause; seconded by Juarez; and passed unanimously. t.. t ............... Motion by Sample that the Council convene in closed session to discuss a personnel matter under the authority granted by Article 6252-17 (c) of V.A.C.S.; seconded by Diaz; and passed unanimously. The Council then went into closed session at 2:35 p.m. Mayor Lozano reconvened the Council in Regular session at 2:55 p.m. City Manager Townsend announced that he had placed before the Council the recommendation of the appointment of Mr. George H. Moff to City Tax Assessor -Collector; that this recommendation had also been discussed with the Corpus Christi School District, as Mr. Moff will also serve as the district's tax assessor and the district must concur with the recommendation. Mr. Townsend proceeded to say that he had obtained the dis- trict's approval on this recommendation and asked for the Council's confirmation on this appointment at this time. Motion by Juarez that the appointment of Mr. George H. Moff as City Tax Assessor - Collector be confirmed; seconded by Diaz and passed unanimously. Council Member Sample inquired of the staff as to the number of positions opened in the Engineering Department for Design Engineers. James K. Lontos, Director of Engineering and Physical Development replied that at the present time, a total of six engineering vacancies existed; one of which existed in the Gas Department; two in the Water Department and three Design Engineers in his office. .. ., is * * * * * * X Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. James F. Veseley, owner of Happy's Washer Repair, 517 So. Port, appeared before the Council in regard to the Port Avenue improvements from Buford to Agnes, stating that he had heard that the City had given the State Engineers the okay to go ahead with their plans on the contract for street improvements; expressed opposition to the project since it would eliminate head -in parking in front of his place of business; and further claimed that he had not been informed that this matter would be on the agenda last week. M, „utes Regular Council Meeting April 4, 1979 Page 7 City Manager Townsend informed Mr. Veseley that the Council last week indicated the general concurrence in asking the State to proceed with their preparations of plans, which is not the actual contracting, and that according to prior hearings held, Mr. Veseley's name was not shown among those that were in opposition. Mr. Townsend continued to say that the staff would be happy to go over this matter with Mr. Veseley. Mr. Veseley suggested that the City acquire property and provide for off-street parking property for businesses, indicating that he would be willing to participate to some extent. Council Member Gill suggested the possibility of the City staff members meeting with the property owners on Port Avenue to discuss the possibility of building parking lots for off-street parking. City Manager Townsend stated that the City had tried to do this but several of the abutting property owners had not expressed an interest. Council Member Gill inquired what the possibility would be to provide funds through Community Development. City Manager Townsend replied that the Council does have the authority to authorize something of this nature, including condemnation proceedings, but this might not be reasonable in view of the fact that it might not be equitable for property owners on the other side of the street. Council Member Gill also mentioned the similar situation that existed in the Six Points area and inquired if the City had assisted the merchants in building that parking lot. City Manager Townsend replied that the City had offered to assist them, but the merchants built the parking lot themselves. Mr. Townsend further stated that it was the staff's understanding that Mr. Veseley's problem had been solved with the installation of parallel parking, but apparently it had not; added that other property owners had not expressed a desire to build a parking lot for off-street parking; and informed Mr. Veseley that parking could be limited as far as the length of time goes. Mayor Pro Tem Gulley suggested that Mr. Veseley discuss the matter with the Engineering staff and see if something could be worked out. City Manager Townsend referred him to a staff member for further discussion. Mrs. Joe De Leon, Sr., 102 Seaview Lane, stated that she would like to take this opportunity to thank each member of the City Council for an excellent job done during their term. Minutes Regular Council Meeting April 4, 1979 Page 8 Council Member Diaz informed the Council that there is a bill before the "House" in Austin which has been presented by two local representatives to attempt to acquire a national veterans cemetery in the South Texas Area by the Veterans Affairs Commission and that he would like to see a Resolution passed expressing the City Council's support of the passage by the 1979 Texas Legislature of this bill. Mayor Gabe Lozano asked if it was the consensus of the Council that this matter be placed on the agenda for next week, and Council agreed. Council Member Diaz inquired about the City's method of operation concerning utilities whereby a property owner who has a tenant moves out without giving notice is responsible for an overdue utility bill. Council Member Diaz referred to a case where the tenant had moved out and the City's Utility Department had shut off services of the landlord's utilities and added that the Council needed to explore the method of making people responsible for their own actions. City Manager Townsend informed the Council that the responsibility for the account lies on the owner's part if the owner fails to inform the Utility Department that the tenant has moved out. Mr. Townsend added that in the case regarding the shutting off of the landlord's utilities, it may be possible it could have happened, but he strongly doubted it because the unpaid bill is usually just added on to the landlord's account. Mr. Townsend further added that the City has what is called, "see-whos" whereby the utility department will check an address that has not posted a deposit and sudden usage of utilities is noted; the landlord is held responsible for this; adding that the tenant Is considered as a sub -depositor or sub account. Council Member Diaz suggested that in the future, it should be made perfectly clear to the landlord what the situation is and to advise him that if in case one of his tenants moves out leaving an unpaid bill, that utility services will not be turned on again until the unpaid bill for the property or that address has been taken care of but to assure the landlord that his property's utility services will not be cut off. City Manager Townsend informed the Council that a study of the procedures from the Utility Department will be made and he will provide them with a report on this next week. Minutes Regular Council Meeting April 4, 1979 Paae 9 Council Member Diaz stated that it was brought to his attention that there is great need for additional clerical employees due to increased work load at Municipal Court as a result of a substantial increase in the number of traffic tickets and inquired about the possibility of hiring additional help to alleviate this problem. City Manager Townsend stated that he had been made aware of this problem; that at the present time, the Budget Office was reviewing the situation and that a full report would be made available to the Council the following week. Mayor Pro Tem Bob Gulley inquired on the status of the striping contract for the north -south runway at Corpus Christi International Airport on the requirements of the Federal Aviation Administration. City Manager Townsend called on Mr. James Lontos, Director of Engineering and Physical Development who was present to give a report on this. Mr. Lontos explained that the striping on the runway cannot be done until the runway is seal coated, adding that a problem existed at the present time because the special rock needed for the sealcoating had not arrived yet from Uvalde. Mr. Lontos stated that two of the eight to ten carloads of rock needed had arrived with the rest to come at an undetermined date; the problem is not caused by a shortage of the rock but by a scarcity of railroad cars; but that he hopes to start painting by the end of May. Mayor Pro Tem Gulley also suggested that cleanliness at the airport should be something to be looked at. Council Member Gill suggested that the City erect barriers in the terminal similar to the rope -like cordons used in theaters to control long lines at ticket counters. City Manager Townsend said the congestion caused by long lines is the responsi- bility of the airlines but that he would ask the airport staff to investigate this matter. There being no further business to cane before the Council on motion by Council Member Sample, seconded by Juarez, and passed unanimously, the meeting was adjourned at 3:40 p.m., April 4, 1979. 1 LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of April 4, 1979 through April 25, 1979, inclusive, and having been previously approved by Council Action, are by me hereby approved as itemized: L. HER Ji , MAYOR 'City of pus Christi, Texas 4/04/79 - Regular Meeting 4/11/79 - Regular Meeting 4/18/79 - Regular Meeting 4/25/79 - Regular Meeting