Loading...
HomeMy WebLinkAboutMinutes City Council - 02/14/1973• MINUTES CITY OF CORPUS CHRISTI,jTEXAS REGULAR COUNCIL MEETING February 14, 1973 3:00 P. M. PRESENT: Mayor Ronnie Sizemore Mayor Pro Tem Chas. A. Bonniwell Commissioners: Roberto Bosquez Rev. Harold T. Branch Thomas V. Gonzales Gabe Lozano, Sr. J. Howard Stark City Hall. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Ronnie Sizemore called the meeting to order in the Council Chamber of the The Invocation was given by Commissioner Branch in the absence of the invited Guest Chaplain. City Secretary T. Ray Kring called the roll of those in attendance. The Minutes of the Regular Council Meeting of January 31, 1973, were approved as presented to the Council. Mayor Sizemore stated a proclamation had been issued designating February 18 through 24, 1973 as NATIONAL ENGINEERS' WEEK. Mayor Sizemore called for the City Manager's Reports, and City Manager Townsend made the following requests and recommendations: a. That a public hearing be held at 4:00 p.m. on March 7, 1973 on the follow- ing zoning applications: (1) Harry Weisman, Bert W. Roscoe & B. Waldine Roscoe - "R -1B" to "B-1", located on the southwest corner of Horne Road and Greenwood Drive. (2) Randal Stivers, Trustee - "R -1B" to "AB", located on the south side of the 300 Block of McArdle Road. (3) (4) Wooldridge & Co. - "F -R" to "A-1" and "B-4", located south of Wooldridge Road and east of South Staples Street. Gulf Coast Trust Company - "B-1" to "1-2", located on the southeast corner of Rand Morgan and McNorton Roads. b. That receipt of bids on the Norton Street Storm Sewer Project be delayed from February 21, 1973 to March 7, 1973. Readvertising and delaying the opening of bids will allow time to include all Federal forms and wage determinations in addendum and to meet all Federal provisions regarding advertising in the event the project is approved for Federal assistance through HUD. • Minutes Regular Council Meeting February 14, 1973 Page 2 c. That bids be received at 11:00 a.m., Tuesday, March 6, 1973 for a Portable Pipe Cutter for the Water Division for which funds are available in the 1972-73 Budget for this item. d. That authority be granted to receive bids at 11:00 a.m., Tuesday, March 6, 1973 for fourteen additional and replacement Special Truck Bodies, dump truck and water crew truck bodies, as approved in the 1972-73 Budget. Nueces County has requested that we include their requirements for six Special Bodies in the invitation. e. That bids be received at 11:00 a.m., Tuesday, March 6, 1973 for an Ice Machine and Storage Bin for the Gas Division, for which funds have been made available in the 1972-73 Budget to replace this 9 -year old machine and to double the capacity. f. That the award of bid for one Airlift Work Platform be made to Up -Right Scaffold of Dallas, Texas. Identical bids were received from Up -Right Scaffold of Houston and Up -Right Scaffold of Dallas, and the award was made by the casting of lots as required by State law. (Bid Tabulation #6-73) g. That the City Manager be authorized to enter into an agreement with the Criminal Justice Council for grant funds in the amount of $109,335 (Grant No.AC-3-11-1268) to support a Police Community Relations Bureau. The City's contribution will be $19,295. The City Council approved submission of the Grant Application on July 26, 1972. h. That the City lease Parcel No. 10-A, an irregularly shaped tract of land located between Hearn Road and Magee Lane, purchased by the City on June 30, 1970, from Mr. and Mrs. Joe C. Bickham for the Greenway Water Line Easement containing 3.937 acres, to Joe C. Bickham for grazing land for a term of 5 years at an annual rental of $120.00, payable the first of each lease year and subject to a 60 -day cancellation clause at the option of the City. i. That the Clarkwood, San Juan, and McNorton Street Sanitary Sewer Line Project be accepted as complete and final payment of $36,498.75 be made to the contractor, Maverick Construction Company. The final change order required by HUD to reconcile all minor overruns and underruns is recommended in the amount of $1,672.22. The project was completed within the time allotted and in accordance with plans and • Minutes Regular Council Meeting February 14, 1973 Page 3 specifications. No additional funds are needed as funds are available in the contingency fund to cover the cost of overrun. The total project cost is $226,738.78. This project was financed 50% by HUD and 50% by the City. j. That Change Order No. 2 to the Greenwood Drive Street Project be approved for $5,942.00. The Change Order is for construction of an 8" effluent line along the boundary of the Weisman tract and is in accordance with the agreement between the City and the Weismans regarding the closing of Sherman Street and the dedication of right-of-way for Greenwood Drive. Money has already been appropriated for this Change Order. k. That the preliminary assessment roll, prepared by the Department of Engineer- ing Services, on the Horne Road Project from Columbia to McArthur Street and a portion of Columbia Street near its intersection with Horne Road be approved and a public hearing on the assessments be set for March 14, 1973 at 4:00 p.m. I. That the Real Estate Sales Contract for the acquisition of right-of-way on the South Staples Street Project from the owners, Patricia Ray Peterson Nuss, James D. Peterson and Christy Peterson Brown, be approved. The original appropriation of $1,650.00 by Ordinance No. 10784 is inadequate as it was based on the acquisition of a 10' wide strip. The title opinion indicates ownership to within 20' of the centerline of Staples thus an additional 30' wide strip will have to be acquired. An additional appropriation of $4,950.00 requested to supplement funds previously appropriated by Ordinance No. 10784 for the acquisition of this parcel. m. That an appropriation out of No. 220 Street Bond Fund in the amount of $600, in connection with acquisition of Parcel No. 8, South Staples -Padre Island to Saratoga Improvements (Condemnation Proceedings Cause No. 660, City of Corpus Christi v. Janet Frank, et al), Project No. 220-70-107, be approved, including Commissioners' Award, appraisal and testimony costs, special commissioners' fees and court and title costs. $1, 125.00 was previously appropriated by Ordinance No. 10491. The Commissioners' award was $1,235.00. Commissioners' fees were $165.00. The appraisals update was $200 and Court costs and title work was $125.00. • Minutes Regular Council Meeting February 14, 1973 Page 4 n. That Al Escalante DBA Corpus Christi Sightseeing Service be granted a new franchise for a period of five years and the franchise fee increased from 2% to 4% to be in line with other current franchise fee requirements. Mr. Escalante has previously held a City Franchise under Ordinance No. 5089 and amended in 1963 by Ordinance No. 7008. He holds the Grayline Franchise for this area and has been providing sightseeing services within the community and paying all franchise fees and meeting franchise requirements as though he were holding a current franchise. o. That the City Manager be authorized to execute a Certificate of Agreement to enable the City to participate in the Summer College Work Study Program. The agreement becomes a contractual obligation only after a student has been accepted for employment. The City will request twenty participants. These will all be residents of Corpus Christi who qualify for work-study through their college. Eighty percent of the funds are provided by the colleges through Project SET. The City share would be $4, 591.00 for the twenty students and can be provided from salary balances resulting from turnover in the various activities. The students would be utilized where their education and background would be most helpful. p. That the plans and specifications for the 1972-73 Budget replacement of the electrical gate at Bayfront pump station A at Power and Water Street be approved and bids be received on March 7, 1973. The plans call for the replacement of the existing electrical gate which is in real bad condition due to corrosion. These repairs need to be completed before the reconstruction of the pumps authorized in the December 1972 bond election. q. That bids be received on March 6 on the L -Head Bait Stand Concession. The proposed agreement will require public liability insurance of $100,000/$300,000, and current revenue is $100 per month through a monthly lease of Mike Chapa. The construction of a permanent bait stand has recently been completed. The concessionaire will be required to bid at least $200 per month and will be responsible for checking the restrooms which have been reconstructed near the bait stand. Bids will be taken on the percentage of gross bid against the required $200 minimum. The Marina Board recommends that the minimum be $100 and that electricity be separately metered. The Park Board • Minutes Regular Council Meeting February 14, 1973 Page 5 and Staff recommend the $200 minimum with electricity being provided. r. That bids be received March 6th on the Peoples Street T -Head Concession Stand. The proposed agreement will require insurance of $100,000/$300,000 public liability. The 1972-73 estimated revenue from this facility is $7,000 based on 20% of gross receipts. The concession building has recently been enlarged and renovated. The Concessionaire will bid the percentage of gross. Motion by Branch, seconded by Lozano and passed, that the City Manager's Reports, Items "a" through "r" be accepted, and that the foregoing requests and recommenda- tions be approved as presented. City Manager Townsend presented for the Council's consideration the following Ordinance: ORDINANCE NO. 11306 DETERMINING THE NECESSITY FOR AND ORDERING THE HORNE ROAD IMPROVEMENTS UNIT I INCLUDING: 1. Horne Road, from the west property line of Lot 1-A, Block 1, Laguna Acres to the west R.O.W. line of McArthur Street, and 2. Columbia Street, from the south R.O.W. line of Horne Road to the north R.O.W. line of Lolita Street, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING SERVICES TO PREPARE AND FILE PLANS AND SPECIFI- CATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVID- ING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". City Manager Townsend presented the pending item of Application f/1175-15, Spohn Hospital, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 13, 14, 15, Block 1, Ocean View Addition, located on the east side of the 1300 Block of Second Street between Elizabeth and Morgan Avenue. He explained that the Planning Commission had recommended denial but in lieu a special permit be granted limiting the use to parking only, and the Council tabled the request after the public hearing on January 24, 1973 because of problems relative to the • Minutes Regular Council Meeting February 14, 1973 Page 6 requirement for a standard screening fence. He stated that Mr. Wakefield, representing the owner, had by letter of January 31st asked that action be taken, and that they are willing to comply with the fence requirements in effect when the work is done. Mr. Townsend stated that he had discussed with Mr. Wakefield this morning about the alley, and it was agreed that if it is to be used for access to the parking lot, it should be paved from the back of the parking lot to the street. Motion by Branch, seconded by Bosquez and passed, that the recommendation of the Planning Commission be concurred in and that Application #1175-15, Spohn Hospital, for change of zoning from "A-1" Apartment House District to "B-1" Neighborhood Business District on Lots 13, 14 and 15, Block 1, Ocean View Addition, be denied but in lieu thereof a Special Permit be granted limiting the use to parking only, and that an ordi- nance be brought forward effectuating the Special Permit. Mr. Townsend presented the pending item of Application #1272-12, The Planning Commission, for change of zoning from "R-2" to "R -1B" on Lots 20 through 35, Block 1, Lincoln Terrace Addition, on which a public hearing was held by the City Council on January 24, 1973 and referred back to the Planning Commission because the owner of 4001 Terrace Circle brought forward a deed restriction which allowed one or two family structures and which had not been presented to the Commission; that the Commission discussed the new information on February 6, 1973 and unanimously reaffirmed their previous recommendation that "R -1B" be approved; and that although not notified in writing of the Commission meeting, the owner of 4001 Lincoln Circle, Mr. Joe Watson, was aware of the Commission discussion. Motion by Gonzales, seconded by Bonniwell and passed, that the recommen- dation of the Planning Commission be concurred in and that the foregoing Application #1272-12, The Planning Commission, be approved, and that an ordinance be brought forward effectuating the change. City Manager Townsend presented the Council with copies of a proposed budget listing suggested priorities for expenditures for the City's first one-half year allotment of Federal Revenue Sharing Funds. He reviewed the priorities listed and Minutes Regular Council Meeting February 14, 1973 Page 7 commented that the list represented his best judgement of priorities on the basis of projects ready for execution and those judged to be in the best interest of the community. In summary, the proposed priorities included Public Safety, Drainage & Treatment plant improvements; public transportation; public health; recreation; equipment for neighborhood community center; libraries; financial administration; and reduced bus fares and green fees for the elderly. He added that subsequent budgets will deal in more detail with projects for support to the elderly. He pointedout: that it would be difficult to make a recommendation as to the City's role in funding some programs, such as OEO and SER until it is determined what the Federal Government will do about federally funded programs which are being phased out. Mr. Johnny Bilano of the local SER Office was present and stated he had just received word from the National Office that the Manpower programs are going to be decentralized, and stated they will be making appeals to the City for Revenue Sharing support. City Manager Townsend emphasized that his recommendation only covered the first six months of 1972. He pointed out that some of the health programs including Mental Health and Mental Retardation and services for the aged, would be coordinated efforts between the City, County and State. Motion by Gonzales, seconded by Bonniwell and passed, that an ordinance be brought forward adopting a budget for the expenditure of $1,576,903 in Revenue received under the first entitlement period of the State and Local Fiscal Assistance Act of 1972, for the period January 1, 1972 through June 30, 1972, as recommended by the City Manager. ORDINANCE NO. 11307 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING SERVICES, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: Horne Road Street Improvements Unit I including: 1. Horne Road, from the west property line of Lot 1-A, Block 1, Laguna Acres to the west R.O.W. line of McArthur Street, and 2. Columbia Street, from the south R.O.W. line of Horne Road to the north R.O.W. line of Lolita Street; • Minutes Regular Council Meeting February 14, 1973 Page 8 DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, MARCH 14TH, 1973, AT 4:00 O'CLOCK P.M., TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE LEASE AGREEMENT BY AND BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI ART FOUNDATION, INC., AUTHORIZED BY ORDINANCE NO. 9650, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 18, 1970, BY AMENDING SECTION IV THEREOF SO AS TO MODIFY CITY'S METHOD OF PAYMENT OF CERTAIN COSTS AND EXPENDITURES INVOLVED IN THE OPERATION OF THE ART MUSEUM OF SOUTH TEXAS, AS IS MORE FULLY SET FORTH HEREINAFTER IN EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to third read- ing by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11308 AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE SALES CONTRACT FOR THE ACQUISITION OF PARCEL NO. 40 OF THE SOUTH STAPLES STREET PRO- JECT FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, FROM THE OWNERS, PATRICIA RAY PETERSON NUSS, JAMES D. PETERSON AND CHRISTY PETERSON BROWN; APPROPRIATING OUT OF 220 STREET BOND FUND $4,950 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED FOR THIS PARCEL BY ORDINANCE NO. 10784, ALL APPLICABLE TO PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11309 ADOPTING A BUDGET FOR THE EXPENDITURE OF $1,576,903 IN REVENUE RECEIVED UNDER THE FIRST ENTITLEMENT PERIOD OF THE STATE AND LOCAL FISCAL ASSIS- TANCE ACT OF 1972; APPROPRIATING SAID REVENUE IN ACCORDANCE WITH SAID BUDGET, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A"; PRO- VIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting February 14, 1973 Page 9 ORDINANCE NO. 11310 • AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH EMIL STEFEK, GENERAL CONTRACTOR, FOR THE CONSTRUCTION OF THE GREENWOOD PARK SWIMMING POOL; APPROPRIATING OUT OF THE NO, 291 PARK BOND FUND THE SUM OF $33,854, APPLICABLE TO PROJECT NO. 291-70-9, TO COVER THE COST OF SAID CHANGE ORDER, SAID FUNDS TO BE TRANSFERRED TO NO. 291 PARK BOND FUND FROM NO. 121 GENERAL REVENUE SHARING FUND, ACTIVITY 5601; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye" ORDINANCE NO. 11311 AUTHORIZING THE CITY MANAGER TO EXECUTE CERTIFICATE OF AGREEMENT WITH PROJECT SET FOR A SUMMER COLLEGE WORK-STUDY PROGRAM, IN THE FORM SET FORTH IN THE CERTIFICATE OF AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 11312 APPROPRIATING OUT OF NO. 220 STREET BOND FUND THE SUM OF $490 FOR SPECIAL COMMISSIONERS° FEES, APPRAISAL AND TESTIMONY FEES AND COURT AND TITLE COSTS IN CONNECTION WITH ACQUISITION OF PARCEL NO. 8, SOUTH STAPLES -PADRE ISLAND TO SARATOGA IMPROVEMENTS, PROJECT NO. 220-70-107; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXE- CUTE A LEASE AGREEMENT WITH JOE C. BICKHAM COVERING PARCEL NO, 10-A BETWEEN HEARN ROAD AND MAGEE LANE (GREENWAY WATER LINE EASEMENT PURCHASED FROM JOE C. BICKHAM), CONTAINING 3.937 ACRES, FOR A TERM OF FIVE (5) YEARS, FOR GRAZING LAND, AT AN ANNUAL RENTAL OF $120, A COPY OF SAID LEASE AGREEMENT BEING ATTACHED HERETO FOR ALL PERTINENT PURPOSES, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting February 14, 1973 Page 10 FIRST READING OF AN ORDINANCE GRANTING AL ESCALANTE DBA CORPUS CHRISTI, SIGHTSEEING SERVICE, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PERCENT (4%) OF GROSS RECEIPTS TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEEPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the first time and passed to second reading by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11313 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ., OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SPOHN HOSPITAL, BY GRANTING A SPECIAL PERMIT FOR A PARKING LOT SITUATED ON LOTS 13, 14 AND 15, BLOCK 1, OCEAN VIEW ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO ALL OTHER CONDITIONS OF "A-1" DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 11314 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMEN- DED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 20 THRU 35, BLOCK 1, LINCOLN TERRACE ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-2" TWO-FAMILY DWELLING DIS- TRICT TO "R -1B" ONE -FAMILY DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Sizemore, Bonniwell, Bosquez, Branch, Gonzales, Lozano and Stark, present and voting "Aye". • Minutes Regular Council Meeting February 14, 1973 Page 11 Mayor Pro Tem Bonniwell quoted portions of a recent editorial which appeared in the local newspaper concerning closed meetings, and which criticized the Council for meet- ing in closed sessions to discuss the City Manager's salary and other personnel matters. He stated the Council is aware of his personal feelings that the Council is complying with the Texas Open Meetings Law, but that he wished to assure the public that the Council is com- plying with the law. He stated that legally a council may meet in closed sessions to discuss "appointments", "employment", or "dismissal", and assured the public that the Council was discussing one of those three items when they closed the meetings. Mayor Sizemore announced the Regular Meeting would be recessed for the pur- pose of holding public hearings scheduled for 4:00 p.m. The Regular Meeting was reconvened at 5:30 p.m. In response to a request of Commissioner Lozano that data and information be furnished relative to allegations made during the Regular Council Meeting last week, City Manager Townsend distributed to the Council and news media a list of improvements made in various parts of the City; money spent on assistance to minority groups, the poor and the elderly, and a chart showing that Corpus Christi has been the sixth fastest growing City in Texas in the last ten years. Mr. Lozano stated those persons who appeared and made the allegations did not have the facts, but that a great deal has been accomplished and neither the Council nor the City Manager should be attacked from false information. Mayor Sizemore brought up the matter of the proposed salary increase for the City Manager which has been under consideration for the past two weeks. In noting that actions of the Council in this regard have been questioned, he commented that the public has the right to question certain actions, but that no person or group of persons should come before the Council and place it in a bargaining position with regard to whether or not the City Manager is entitled to a salary increase, and that he feels the Council is in the best possible position to say whether or not an increase is in order. He pointed out that other City employees have been given an increase every year for • Minutes Regular Council Meeting February 14, 1973 Page 12 • the past eight budget years, and that sometimes the City Manager had been overlooked. He stated that in concurrence with all other raises in November of 1972 which was 5 percent overall, he is proposing that the Council approve an amendment to the Budget to reflect a five percent increase in salary for the City Manager. Mayor Sizemore further stated that if there were those persons or groups of persons who would question the capabilities of the City Manager or how well he is carrying out his responsibilities, the Council stands ready to hear them, and invited anyone with complaints to contact him be telephone. Commissioner Stark commented that he feels the five percent increase is a cost of living increase based on the National cost of living index which has gone up equal to this amount. He stated this increase does not mean that he is being given a merit raise, and that the recommended five percent increase is still less than other City Employees received because it is not being made retroactive to the date when the overall increase was approved. Mr. Stark stated the Council will reserve comment on this matter at all times. He further commented that the City may hire rate experts for other purposes but the Council must be its own expert on the efficiency of the City Manager. Commissioner Bosquez commented that he concurs with statements that the City Council has the sole responsibility to increase or decrease the salary of the City Manager and that it is not an ethnic issue, but that the Council is attempting to bring the City Manager's salary in line with other comparable cities. Motion by Branch, seconded by Stark, that the salary of the City Manager be increased five percent to be effective with the next pay period ending February 18, 1973. On request of Mayor Pro Tem Bonniwell, the Council agreed to meet in a closed session, and the meeting was recessed at 5:50 p.m. The meeting was reconvened at 7:00 p.m. and Mayor Sizemore called for a vote on the foregoing motion that the salary of the City Manager be increased five per- cent to be effective with the next pay period ending February 18, 1973. The Council voted unanimously in the affirmative, and Mayor Sizemore declared the motion had passed. There being no further business to come before the Council, the Regular Meeting was adjourned at 7:00 p.m. February 14, 1973.