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HomeMy WebLinkAboutMinutes City Council - 04/11/1979PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members David Diaz * Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 11, 1979 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. Council Member David Diaz gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally consti- tuted meeting. Mayor Lozano announced that the following proclamations had been issued: "PINAFORE WEEK" - April 11 - 18, 1979; "FORGET ME NOT MONTH" - April 11 - May 9, 1979; "ELIZABETH SIMPSON DAYS" - April 12-15, 1979; "FAMILY WEEK" - April 14-20, 1979; "NATIONAL COIN WEEK" - April 15-21, 1979; "PRIVATE PROPERTY WEEK" - April 15-21, 1979; and "FAIR HOUSING MONTH" - April, 1979. Mayor Lozano announced the bid opening scheduled for 2:00 p.m. on restrlping the north -south runway at the International Airport. City Manager R. Marvin Townsend requested that Mr. James K. Lontos, Director of Engineering and Physical Development, conduct the bid opening. *Council Member Ruth Gill arrived at the meeting at 2:08 p.m. Mr. Lontos informed the Council that the specifications for this project have been prepared in such a way to allow for the resurfacing of the runways prior to the painting and explained the timetable for both projects. Mr. Lontos then opened bids on this project from the following firms: J. A. Reke & Son Pavement Marking, Inc., El Dorado, Ohio; Stripe A Zone, Inc., Grand Prairie, Texas; C. B. Striping, Kingsville, Texas; and Encon Construction, Corpus Christi. Mayor Lozano noted that the apparent low bidder was C. B. Striping, but MICROFILMED Slip 0 419 ;,1 Minutes Regular Council Meeting April 11, 1979 Page 2 stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Mayor Lozano announced the presentation by Mr. Jack C. Parsons, President of the Pearl Harbor Survivors Association, representing a number of veterans' organizations. Mr. Parsons presented the Council with a letter requesting that the City Council approve the relighting of the perpetual flame in Gragg-Sherrill Memorial Park. Mr. Parsons stated that all of the veterans' organizations desired that this flame be lighted to honor those killed in the service of their country. He also informed the Council that if they felt that the expense of keeping the flame lighted would be too much, some arrangement could be worked out so that the various veterans' organizations could contribute to this expense. Mayor Lozano thanked Mr. Parsons for his presentation. * * * * * * * * * * * * Mayor Lozano called for the consideration of the following election matters: a. Canvassing returns and declaring the results of April 7th election for the Mayor and Council Members. b. Other actions related to the April 7, 1979 election. City Secretary Bill G. Read referred to his memorandum addressed to the Council explaining the official tally sheet and briefly explained the official returns. There were no questions from the Council or the members of the audience on this matter. City Secretary Read informed the Council that there are three ordinances on the agenda pertaining to the election and calling for the runoff. He then presented those ordinances for Council consideration and polled the members of the Council for their votes. The following ordinances were approved: ORDINANCE N0. 14854: CANVASSING RETURNS AND DECLARING THE RESULTS OF THE GENERAL ELECTION FOR THE PURPOSE OF ELECTING THE MAYOR AND COUNCIL MEMBERS OF THE CITY OF CORPUS CHRISTI HELD ON THE 7TH DAY OF APRIL, 1979: AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting April 11, 1979 Page 3 The Charter Rule was suspended, and the foregoing ordinance was passed by the follow- ing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14855: CALLING A RUNOFF ELECTION FOR MAYOR AND THREE (3) COUNCIL MEMBERS IN THE CITY OF CORPUS CHRISTI, TEXAS, TO BE HELD ON THE 28TH DAY OF APRIL, 1979; DESIGNATING POLLING PLACE LOCATIONS FOR SUCH ELECTION; ENACTING PROVISIONS INCIDENT AND RELAT- ING TO THE SUBJECT AND PURPOSE OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE ND. 14856: PROVIDING FOR NOTICE OF RUNOFF ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 28TH DAY OF APRIL, 1979, FOR ELECTION OF MAYOR AND THREE COUNCIL MEMBERS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Mayor Lozano noted that only one-third of the qualified voters had voted in the General Election and stated that he hoped that the Runoff Election would have a larger voter turnout. City Manager Townsend stated that he would like to clarify the Council's opinion as to what the City's position should be in regard to regulation of rates for utility companies. He reminded the Council that they had previously indicated that they desired to retain the regulation of rates of power companies. Mr. Townsend informed the Council that he had received an inquiry In regard to this bill, since it now contains several amendments. He stated that the present requirement is that an electric company that wishes to change its rates must make a presentation before each of the cities that it serves. City Manager Townsend then referred to a copy of the bill and pointed out that paragraphs (b), (c) and (d) contain amendments which would attempt to, in some way, bring cities into it still, but not have cities responsible. Mr. Townsend further explained that (b) would assure the City of the right to intervene at the Commission proceedings; (c) would require the company to provide the City information upon request; and (d) would require the power company to pay the consultant fees, if they were fairly reasonable. City Manager Townsend stated that he Just wanted to' bring this to the Council's atten- tion in view of these amendments. Minutes Regular Council Meeting April 11, 1979 Page 4 Mayor Pro Tem Gulley stated that he was still in favor of having such matters presented to the City Council first, and the other Council Members agreed. Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation and recommended that: a. Bids be received at 11:00 a.m., Tuesday, May 1, 1979 on the following: (1) 25,720 feet of copper pipe for the Water Division. This is an estimated three months supply. Bids are not solicited for a longer period because the price of copper fluctuates frequently. (2) An additional concrete saw for the Water Division and a replacement saw for Traffic Engineering. 16 replacement pressure type breathing apparatus with back pack and carrying case for the Fire Department. (3) b. The tax roll adjustments for 11-1-78 thru 1-31-79 be approved as follows: City of Corpus Christi Water District Prior Year Prior Year 1978 Levy Levies Levies Tax Levies 8-1-78 $18,752,612 Recommended change 8-1-78 thru 1-31-79 (35,142) Resulting tax levies 1-31-79 $18,717,470 51,728,543 (3,211) $1,725,332 521,518 (8) $21,510 The decrease in the 1978 City Levy consists of a net decrease of $16,699 in real property and $18,443 in personal property. Real property adjustments include $15,948 for 182 taxpayers with valid Homestead Exemptions; 17 properties totaling $668 where improvements are gone; 6 properties supplemented to the roll for $828; 2 properties decreased by the Board of Equalization for $607; an increase of $3,239 for 1 property where the agricultural exemption is no longer valid; and 3 properties totaling $2,007 for School and County exemptions. Personal property adjustments include an increase of $10,619 for 143 properties supplemented to the Roll; a decrease of $16,917 for 25 properties double assessed; 32 taxpayers presented records for a total decrease of $6,659; a decrease of $1,439 for 62 properties where wrong information was received; and a decrease of $973 no longer with taxable assets. c. A 10 -foot wide utility easement in Lots 9 and 10, Block J, Jackson Woods Subdivision be abandoned at the request of the property owner to eliminate an encroachment of a building onto a portion of this easement. All affected departments concur with this recommendation. d. The Hearn Road Drainage Ditch and sanitary sewer project be accepted and final payment of $12,710 for a total of $114,680 be made to Maverick Construction of approximately 1200 lineal feet of the Hearn Road Drainage channel as well as 1200 feet of trunk sanitary sewer to serve the Country Estates area. The contractor exceeded the 75 allotted working days by 29 days; however, due to the addition of two change orders and wet weather in January and a portion of February, a 29 day time extension is recommended. e. A closed meeting be held to discuss personnel matters. (This Item was considered later in the meeting,) minutes Regular Council Meeting April 11, 1979 Page 5 There was no discussion by the Council or the members of the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "d," be accepted; seconded by Diaz; and passed unanimously. City Manager Townsend presented the following item for Council action: Consideration of a resolution urging the Legislature to pass a bill providing for establishment by the Veterans Affairs Commission of a veterans' cemetery in the South Texas area. Mr. Townsend indicated that this item was placed on the agenda at the Council's request and stated that the matter is rather complex. Council Member Diaz agreed that there is some controversy in regard to the bill, but he understood that the Council desired to pass a resolution to agree with the concept of the location of a cemetery in this area. He mentioned that Federal funds are available for the establishment of the veterans' cemetery. City Manager Townsend assured the Council that the resolution has been prepared without specifically addressing the controversial aspects of the matter. Motion by Diaz that coples of the resolution under discussion be forwarded to the various Veterans' organizations that had signed the letter in regard to the eternal flame that was presented earlier; seconded by Gill; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda; there were no questions or comments from the Council or members of the audience; City Secretary Read polled the Council for their votes; and the following ordinances were approved: SECOND 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 second time and passed to its third read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." Minutes Regular Council Meeting April 11, 1979 Page 6 RESOLUTION NO. 14857: CONFIRMING THE APPOINTMENT OF MR. GEORGE MOFF TO THE POSITION OF TAX ASSESSOR - COLLECTOR 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 was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14858: CLOSING AND ABANDONING THE 10 -FOOT WIDE UTILITY EASEMENT IN LOTS 9 AND 10, BLOCK J, JACKSON WOODS SUBDIVISION, RECORDED IN VOLUME 42, PAGE 183, MAP RECORDS OF NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." RESOLUTION NO. 14859: EXPRESSING THE CITY COUNCIL'S SUPPORT OF THE PASSAGE BY THE 1979 TEXAS LEGISLATURE OF A BILL PROVIDING FOR THE ESTABLISHMENT AND OPERATION OF VETERANS' CEMETERIES BY THE VETERANS AFFAIRS COMMISSION AND FURTHER URGING THE TEXAS LEGISLATURE AND VETERANS AFFAIRS COMMISSION TO CONSIDER THOSE AREAS OF THE STATE WHERE SUCH CEMETERIES DO NOT NOW EXIST, SUCH AS THE SOUTH TEXAS AREA, AND TO LOCATE SUCH CEMETERIES OUTSIDE OF THE EXTRATERRITORIAL JURISDICTION OF ANY CITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14860: APPROVING THE PAYMENT OF $22,500 to McMULLEN COUNTY, ET AL, IN SETTLEMENT OF A LAWSUIT CHALLENGING THE PERMIT ISSUED BY THE TEXAS WATER RIGHTS COMMISSION IN CONNECTION WITH THE CHOKE CANYON PROJECT AND AUTHORIZING CERTAIN RELATED ACTIONS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." * * * * * * * * * * * * Council Member Holt referred to a matter previously discussed in regard to the possibility of a tax exemption or reduction for property owners due to the fact that the City owns a public utility. Mr. Holt expressed the opinion that since the City is the owner of a utility company, the charges for maintenance should be tax deductible, and some method should be devised to isolate these costs to show them as separate funds. Mr. Holt stated that he would like to have this matter resolved as soon as possible so that citizens who are filing their income tax late will be able to take advantage of such a deduction. City Manager Townsend explained that the staff has not completed their study of this matter, but the possibility of such a deduction is under investi- gation by the staff. v Minutes Regular Council Meeting April 11, 1979 Page 7 Further discussion followed on this matter, and City Manager Townsend assured the Council that the staff will continue to study this possibility. He stated that he was not aware of any City of any size following such a plan. Motion by Diaz that the Council convene in closed session to discuss a per- sonnel matter under the authority granted by Article 6252-17 (c) of V.A.C.S.; seconded by Sample; and passed unanimously. The Council then went into closed session at 2:50 p.m. * * * * * * * * * * * * Mayor Lozano reconvened the Council in Regular session at 3:20 p.m. City Manager Townsend stated that it was his understanding that the Council was prepared to confirm .-the appointment of Mr. Marion H. Isaacs to the position of Maintenance Services Director, and the Council indicated their concurrence. * * * * * * * * * * * * Mayor Lozano announced the consideration of appointments to Boards and Committees and noted that the terms of Mrs. Carol Karter and Mrs. Debbie Dumphy have expired on the Housing Authority. He then stated that he would like to submit both of them for reappointment. Motion by Gulley that the following appointments be confirmed, seconded by Sample, and passed unanimously: HOUSING AUTHORITY Term to Expire Mrs. Carol Karter (Reappointment) 4/4/81 Mrs. Debbie Dumphy (Reappointment) 4/4/81 Mayor Lozano then stated that a vacancy for alternate with a term to April 4, 1980 exists on the Board of Adjustments. City Manager Townsend informed the Council that there is a need to have alternates on this board because It is sometimes difficult to have a quorum. Council Member Gill nominated Mr. Morgan Spear for this alternate position. There were no other nominations. Motion by Gill that the following appoint- ment be confirmed, seconded by Holt, and passed unanimously: BOARD OF ADJUSTMENT Term to Expire Mr. Morgan Spear 4/4/80 Minutes Regular Council Meeting April 11, 1979 Page 8 Council Member Gill mentioned that someone had called and informed her that a vacancy exists on the Senior Citizens Advisory Board. City Secretary Read stated that he has not been advised of such a vacancy, and City Manager Townsend assured Mrs. Gill that this will be checked by the staff. In regard to the discussion of clerical requirements due to increased work load at Municipal Court, City Manager Townsend explained to the Council that the Budget Department has reviewed the situation and •agrees that three additional clerks are needed because of the substantial increase in the number of traffic tickets. He stated that the additional clerks will be employed on a temporary basis at this time subject to permanent employment to be Included in the budget for next year if the next Council agrees. Council Member Diaz mentioned the possibility of appointing an additional judge for Municipal Court and requested that Mr. Bill Monkres, of the City's Legal Department, be considered for this appointment. After a short discussion of this matter, the Council indicated their con- currence with the employment of three temporary clerks for Municipal Court. City Manager Townsend referred to a previous discussion before the Council as to whether a property owner or a tenant is responsible for an overdue utility bill. He stated that he had investigated the matter and ascertained that if the renter signs up for utilities, makes his deposit, and then leaves the City with- out paying his bill, that renter is responsible for it -- not the property owner. City Manager Townsend pointed out, however, that if consumption of utilities occurs after the tenant departs the City, then the owner is responsible. He informed the Council that the owner needs to terminate the service with the Utilities Office to avoid the necessity of paying the unpaid bill of the tenant. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Rudolph Heistermann, 3306 Cartegena Drive, recommended that the prob- lems with delays in Municipal Court be resolved, since they seem to have been created because so much time elapses before the paper work connected with traffic citations is completed. He also suggested that the 10 -day time limit be extended to 30 days to allow citizens to pay their fines. ..nutes Regular Council Meeting April 11, 1979 Page 9 Mayor Lozano explained that the Municipal Court is behind at this time, but the Council has just authorized the employment of three additional clerks to alleviate the problem. City Manager Townsend stated that he will investigate the possibility of extending the time period as noted on traffic tickets. Speaking on another matter was Mr. Philip Rosenstein, 949 Bobalo, who spoke in favor of relighting the eternal flame in Gragg-Sherrill Park as had been suggested earlier. Miss Tammy Adams, the current Miss Flour Bluff, invited the City Council to attend the festivities planned for the weekend of April 14 in connection with the Miss Flour Bluff Beauty Pageant at the Padre Island Beach Hotel. Miss Adams explained the various events planned for the celebration, including the water oriented activities, and urged all of the Council Members to attend. There being no further business to come before the Council, on motion by Holt, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 3:55 p.m., April 11, 1979.