Loading...
HomeMy WebLinkAboutMinutes City Council - 07/25/1973MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING July 25, 1973 3:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Ricardo Gonzalez Thomas V. Gonzales Gabe Lozano, Sr. Hall. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary T. Ray Kring Mayor Jason Luby called the meeting to order in the Council Chamber of the City • The Invocation was given by Father Alfred Hoenig of Corpus Christi Abbey. • City Secretary T. Ray Kring called the roll of those in attendance. Motion by Lozano, seconded by Acuff and passed, that the absence of Commissioner Stark be excused for cause. Bids were opened and read by Director of Engineering Services, James K. Lontos, for construction of a French Drain along the south end of the commercial apron. at International Airport, from the following firms: Heldenfels Brothers and Slovak Brothers. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Luby announced the public hearing on the proposed Budget for the fiscal year 1973-74. City Manager Townsend presented a summary of the proposed budget and made general comments. Copies of the proposed budget were distributed to members of the Council and audience. Mr. Townsend listed revenues and total gross appropriation of $43,713,997, less Revenue Sharing Reserves of $4,800,950 leaving a total appropriation of $38,913,047. He explained that the budget is built around the existing tax rate and planned within those limits. He pointed out decreases in certain revenues and increases in other fund balances. He reviewed operating expenditures and highlighted staffing changes. In summarizing specific activities he stated a continuation of the existing public safety program is proposed to include some improvements in communications, added personnel and equipment. He stated the ambulance service will be added to the Fire Department with • • Minutes Regularouncil Meeting July 25, 1973 Page 2 net the other half one-half of the,6ost being borne by the Hospital District and/Revenue Sharing funds, two dispatchers are proposed with replacement of one fire truck. The Traffic Engineering Depart- ment will remain a separate department with no significant changes. The Street Division budget will include staffing changes and some added equipment. Additional laboratory equip - additional ment is included for the Health Department for analyzing wastewater samples;/and shifting of personnel in the Park Department with some added equipment, and that minor expansions of the Library and its facilities are recommended. He explained that the Transit Fund Revenues continued to decline during 1972-73 and is expected to further decline during 1973-74 resulting from the program of reduced bus fares for the elderly; that charter revenue is expected to continue to increase with the addition of a new parlor coach. He stated revenue funds will be used to underwrite the Transit deficit during 1973-74 which should amount to approximately $245,000. The Airport 1972-73 Fund revenues are approximately $27,000 below estimate and additional personnel ani equipment will eventually be added to meet required safety regulation standards. The Airport revenue is expected to show a slight increase over 1972-73. The Water and Sewer Funds are proposed to be increased five percent across the board and some additional equipment and personnel will be added. He stated there are surpluses in the Gas Fund, but pointed out problems which may result in the coming year due to the gas supply situation. He stated that a five percent salary increase across the board is proposed for City employees; minor changes in the group health plan, and changes in the Municipal Retirement Program to enable the employee to contribute more of their present salaries toward current service deposits within the system. He explained that he did not get a report from the Mental Health & Mental Retardation Center but there had been some discussion in the nature of a request; stated the $25,000 figure allocated last year had been from Revenue Sharing Funds, and the request has not had full consideration for this budget. Mr. Townsend stated that all possible and unnecessary expenditures have been deleted from the budget and recommended its adoption. Mr. Michael Kendrick, member of the Corpus Christi Industrial Commission, appeared and requested that the City increase its participation in this group's 1973-74 budget to make up the deficit created if the Navigation District chooses to pay less than one-half of the $77,000 Budget. He stated the request is based on data obtained from the Economic • • Minutes Regular Council Meeting July 25, 1973 Page 3 Director and industrial Director of the City of San Antonio, which City has had unusually good recent light Industrial growth. Mr. Kendrick stated the $30,000 appropriation is allocable to expenditures which include funds for professional services, printing and adver- tising. He pointed out that Son Antonio, as a result of their advertising program, receives from 300 to 400 genuine inquiries from interested businesses each year, and like San Antonio, he suggested the City hire a consultant to determine what industries are best suited for Corpus Christi. Mr. Nick Huedis, Executive Director of Mental Health and Mental Retardation Center, appealed to the Council for additional allocations in the budget for this organiza- tion's Center. He stated discussions had been held with the City Manager in April of this year in regard to this request and they were not aware they had not complied with budget procedures. Me stated they hod expected at least a continuation of the $25, 000 from Revenue Sharing Funds which would put them in a position to match State and some Federal Revenue Funds. He stated he had not understood clearly the deodline for the request. Mr. Huestis described the operational problems of the Center. He explained that he did not have the material to ask the City for an accurate figure, but he thought it was understood that they would be asking fora continuation of the previous level and consideration for on additional amount to enable them to be eligible for other funds. Commissioner Ricardo Gonzalez stated he had expected to hear from representa- tives from the Senior Citizens Group at this hearing. He noted that he had made a previous statement that the Council consider setting aside some funds for construction of permanent structures for the Senior Citizens Program, commenting that these funds may not be in existence five years from now for continuation of the program. He stated it is still his feeling that of least two permanent structures be built by the end of the five year period. Commissioner Acuff explained that the Council hod made a tentative commitment on the construction of permanent structures, and as soon as Urban Development Director Ernest Briones presented • pion es to what is needed, the plan would be considered. Motion by Acuff, seconded by Branch and passed, that funds be earmarked for two permanent structures N be included in the program for the elderly and completed by the end of the five year period. • Minutes Regular Council Meeting July 25, 1973 Page 4 Mr. Brenen, representative of the Civil Air Patrol Unit, appeared and requested an appropriation in the Budget for this agency. He also stated they are in need of a place to house their radio equipment which would result in improved service to the community in case of disaster. City Manager Townsend explained that funds have been set aside in this budget for maintenance of vehicles for the Civil Air Patrol; that appropriations have been requested by the Civil Air Patrol for many years and this is the first year funds have been provided. He explained there is no space at the Corpus Christi Airport at this time for possible use by the Patrol. Lt. Sherwood, President of the Corpus Christi Police Association, appeared on behalf of his group and commended the City Manager and Staff on preparation of the proposed budget. He stated it does not meet with their entire goal, but does meet with their approval. He inquired as to when the new salary schedule would go into effect, and also how this would be affected by the proposed wage law which would require overtime for firemen, transit and part time employees. Mr. Townsend stated the salary changes would go into effect on August 6, but pointed out that the price and wage regulations could have some effect, and in that event, it would have to be postponed, but commented there is a good chance the ordinance prepared for the Council is consistent with the regulations. Mr. Robert Wolter, Chairman of the LaRetama Library Board, listed items which they feel are lacking in the proposed library budget allocations, namely: request for funds to plan and obtain options on locations available for branch libraries at Flour Bluff and Annaville; request for a bookmobile; and a salary increase for Mrs. Phyllis Burson. He stated they also object to the reorganization plan recommended by the City Manager that the Library be included in a conglomerate department. He stated they feel it is an inde- pendent agency and should report directly to the City Manager. He urged reconsideration relative to the bookmobile, stating the one in use at present is worn out and needs replacing, and the other one is completely out of service. He urged approval of the budget as recommended even though they think it is inadequate. Mr. Wayne Johnson, property owner on Corpus Christi Beach, questioned the allocation in the budget for construction of parks, stating he was concerned about the • Minutes Regular Council Meeting July 25, 1973 Page 5 development of the park at the extreme north end of the Beach. City Manager Townsend explained that this item is not included in the Park & Recreation activity, but is a separate budget. Motion by Lozano, seconded by Branch and passed, that the hearing be recessed to be reconvened at 9:00 a.m., Wednesday, August 1. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explanations, as follows: a. Recommendation that contracts be awarded to the following firms for 1973-74 requirements ofFuel, Oil, Grease and Anti -Freeze: Crystal Petroleum Company - Corpus Christi - 1,486,700 gallons gasoline @ $.245/gallon 1,200 lbs. special gear lubricants Total Crystal (The foregoing price firm until 8-12-73) Susser Petroleum Company - Corpus Christi - 389,000 gallons 02 Diesel Transport $.27/gal. 118,000 gallons #2 Diesel -Tank Wagon $.29/gal. 5,540 gallons #2 Diesel -55 gallon drums $.34/gal. 232,540 gallons Total - Diesel 1,540 gallons of anti -freeze Total Susser (The foregoing price firm until 8112/73) Exxon 6,230 gallons solvent @ $.3050/gal. 18 items of oils, grease, lubricants, etc. Total Exxon TOTAL AWARD $364,241.50 210.60 $364,452.10 $105,030.00 34,220.00 1,883.60 $141,133.60 2,036.80 $143,170.40 $ 1,900.15 31,798.65 $ 33,698.80 $541,321.30 Bids were received from five firms, but only one bid was received on gasoline, diesel and solvents. The gasoline price of 24.5 cents per gallon is the Shell Oil tank wagon posted price now in effect of 19.5 cents plus 5 cents state tax. The contract provides for price variation with the market price. No bids were received on #1 diesel which is used in City buses to reduce air pollution. The award is based on the use of #2 Diesel during 1973-74. Considering all contracts, the average increase is 54%. (Bid Tab. #37-73) b. Recommendation that contracts be awarded to the following firms for the purchase of Heavy Equipment on the basis of low bid meeting specifications: Item 1 - B. D. Holt Company, Corpus Christi - two 125 H.P. Motor Graders. This is a guaranteed maintenance with repurchase guarantee item Item 2 - Girard Machinery Co., Corpus Christi - 1 Street Sweeper $46,116.00 20,071.00 • • Minutes Regular Council Meeting July 25, 1973 Page 6 Item 3 - Plains Machinery Co., Corpus Christi - 2 13 Wheel Pneumatic Rollers 3,730.00 Item 4 - Plains Machinery Co., Corpus Christi - 1 Sheep Foot Roller 2,950.00 Item 5 Gulfside Equipment, Inc., Corpus Christi - 3 60 H.P. Tractors 12,535.53 Item 6 - Gulfside Equipment, Inc., Corpus Christi - 1 60 H.P. Tractor with loader and backhoe 11,995.90 Item 7 - Gulfside Equipment, Inc., Corpus Christi - 1 50 H.P. Tractor with loader 5,784.61 Item 8 - International Harvester Sales & Service - Corpus Christi - 50 H.P. Tractor with PTO & 3 point hitch 3,940.00 Item 9 - International Harvester Sales & Service - Corpus Christi - 1 low profile Tractor with 60" Rotary Motor 2,345.36 Total $109,468.40 All prices are shown after trade-in allowance except where equipment is an addition and no trade-in is available. (Bid Tab. #38-73) c. Recommendation that contracts be awarded to the following firms for 1973-74 requirements of automotive and flashlight batteries on the basis of low bid meeting specifications: (Bid Tab. #39-73) International Battery Systems, Corpus Christi - (Lot I - 13 items of automotive batteries) Southland Battery Warehouse, Corpus Christi - (Lot 11 - 7 items of commercial batteries) Norvell-Wilder Supply, Corpus Christi - (Lot III - 4 items of flashlight batteries) GRAND TOTAL $14,142.60 5,276.68 2,599.19 $23,018.47 Bids were received from eleven firms. Prices indicate a decrease of approximately 10%. d. Recommendation that a contract be awarded to Arlington Equipment Co., Inc., Arlington, Texas, for the purchase of a Combination Catch Basin Cleaner High Pressure Jet Rodder and Street Flusher Unit, for the Street Division, on the basis of the only bid received for $61,535.00. (Bid Tab. #40-73) e. Recommendation that a contract be awarded to Charles_Bruning Co., San Antonio, Texas, for the purchase of one Diazo Printer System for the Planning Department on the basis of low bid for $2,830.00. Bids were received from three firms. (Bid Tab. #41-73) f. Recommendation that a contract be awarded to Betts & Majors, Inc., Dallas, Texas, for the purchase of a Night Vision Scope for the Organized Crime Control Unit on the best bid meeting specifications for $2,950.00. Bids were received from two firms. The low bid has been field tested and does not meet specifications and performance require- ments. (Bid Tab. #42-73) Minutes Regular Council Meeting July 25, 1973 • g. That a public hearing be held on August 23, at 7 p.m., on the following zoning applications. (1) Robert J. Mirabal & Richard Garza - "R-2" to "A-2", located on the corner of 18th Street and Isabel. (2) Jose L. Guerra - "A-2" to "B-4", located on the corner of Mexico & Comanche Streets. (3) Saratoga Land Company - "R -1B" to "R-2" and "AB", located south of Saratoga Boulevard, east of Meandering Lane. (4) H. E. Savoy - "R -1B" and "B-4" to "B-4" and "T-1", located on the southeast corner of South Padre Island Drive and Flour Bluff Drive. (5) H. E. Butt Grocery Company - "R -1B" to "B-4", located on the northeast corner of South Padre Island Drive and Flour Bluff Drive. (6) Jerome G. Feldman - "A-2" to "B-5", located south of Park Avenue on the east 'side of the 600 block of Alameda. (7) Louie A. Carter - "R -1B" to "B-1" located on the north side of Holly Road, east of Everhart Road. h. That $1,500,000 Upper Level College Refunding Bonds be sold Wednesday, August 15, 1973. The proceeds of the sale will be used to pay off the present outstanding 5-1/4% Upper Level College Bonds. The City can sell at a competitive sealed bid sale, refunding bonds at a lower rate of interest than the 5-1/4% now being paid. Substantial savings in interest expense are anticipated. That Mr. Hobby H. McCall be used as bond attorney and Mr. M. E. Allison, Sr. as financial advisor for this sale. Both services are in continuation of their service relating to the sale of the present outstanding College Bonds. The Upper Level College Bonds were issued on a negotiated basis at an interest rate of 5- 1/4% due to time limitations and scheduling problems involved in acquiring the site for A&I University at Corpus Christi. i. That $94,602.64 be appropriated from the Sanitary Sewer Bond, Fund for waste- water collection system mains and laterals of which $15,999.64 is reimbursement for City force work at Ca!alien High School and Highway Village South Subdivision during 1972-73; and $78,603 is for work to be done in Jackson Place and Jackson Terrace during 1973-74. j. That the City Manager be authorized to submit a Supplemental grant application for the Police/Citizen Contact Monitoring System to the State Criminal Justice Council for funding through the Law Enforcement Assistance Act. The supplemental • Minutes Regular Council Meeting July 25, 1973 Page 8 request to be for $5,653.00 to be matched by $998.00 of local funds. The additional request is for 7 monitor units since current money will provide only 18 of 25 planned units as equipment bid cost is $950.00 rather than the $695.00 per unit estimated at time of the original grant proposal. The unit cost purchase is due to development of a rechargeable battery systems that will provide substantial long term cost savings on replacement batteries. k. Recommendation that water rates be amended to provide for over-all increase of 5% for customers using treated water, including minimum charges. The last previous water rate increase was in 1969. For water consumed (in addition to the minimum allowance): Monthly Consumption Inside Corpus Christi First 3,000 Gallons Minimum Charge Next 17,000 Gallons $.46 $.74 Next 80,000 Gallons .34 .63 Next 150,000 Gallons .29 .51 Next 750,000 Gallons .25 .41 Next 9,000,000 Gal Ions .22 .35 All over 10,000,000 Gallons .19 .23 Outside Corpus Christi Rate per 1,000 Gallons 1-a Recommendation that the wastewater rates be amended setting a 5C increase in minimum and a 4 increase in each step for inside City Limits rates and double the inside City Limits rates for the Outside City Limits rates. The last increase in wastewater rates was in 1970. 1-b Recommendation that Ordinance No. 4288, Section 7, and the appropriate sections of the City Code, 1958, be amended to adjust the tap fee schedule to show the following: 4" tap - street or easement 6" tap - street or easement 8" tap - street or easement $50.00 60.00 70.00 Most taps are 4". The existing rates are $40 in the street and $20 in easements. These rates were established in 1955. m. Recommendation that the 20c and 22i steps in the gas rates be deleted. The accounts affected by this change are Del Mar College, the Wilson Tower, International Airport, and the Oso Wastewater Plant. n. Recommendation that Dr. John Longum be retained to provide expert testimony before the Texas Railroad Commission regarding Lo -Vaca Gathering Company's • Minutes Regular Council Meeting July 25, 1973 Page 9 application to raise the price of gas the City purchases. Previous authority has been given to employ the Austin law firm of McGinnis, Lochridge & Kilgore and it is their recommenda- tion that Dr. Longum be used as a witness. The evidence thus far involves complex rate of return and intricate financial data that requires analyzation by a professional economist to counter the request to double the cost of gas to the City. o. Recommendation that the law firm of McGinnis, Lochridge & Kilgore, continue to represent the City in hearings before the Texas Railroad Commission regarding the Lo -Vaca Gathering Company request for a rate increase. Original Council approval was not to exceed $5,000 of costs which have now been incurred. p. Recommendation that the Position and Compensation Plan for the City of Corpus Christi be amended as follows: (1) The addition of certain job titles and classification numbers in the classified and unclassified service. (2) The revision of salary schedules to reflect a general 5% cost -of -living increase and certain revisions to the salary schedules within the Police and Fire series. (3) The addition of another step to the general Salary Schedule to initially apply to service over 24 years and to be transitioned over the next 5 years in equal stops to become 5, 10 and 20 year steps. q. Recommendation that salary levels subject to TMRS retirement deductions be increased from the present $6,000 per year to $8,400 per year for all employees. This increase will strengthen the City's retirement program and provide a greater retirement income to employees by allowing them to contribute more of their present salaries toward their current service deposits within the system. The effective date for increasing the particular level will be August 1, 1973. r. Recommendation that the City contribute $7,000 to the Nueces River Authority to underwrite about 1/3rd of their annual operating budget. The City's previous commitment was for 3 years and was paid. ($3,000) s. Recommendation that the City Manager be authorized to submit an application to the Robert Wood Johnson Foundation for the purpose of requesting $392,565 in Founda- tion funds to provide financial assistance for the implementation and operation of the proposed City/Hospital District Emergency Ambulance Service. Requested funds are to be • • Minutes Regular Council Meeting July 25, 1973 Page 10 used primarily for development, data collection, training and communication equipment capable of transmitting medical information on the accident victim. This communication system would replace the present system with the approval of this grant. t. Recommendation that the 1500 block of 15th Street from the proposed street improvement contract not be eliminated. u. Recommendation that the Public Hearing on Assessments for 15th, 18th, Espinosa and Dolores Streets be closed and the corrected Assessment Roll be adopted. The Assessment Roll reflects a reduction of rates for oddly -shaped lots as was recommended by the City's expert witness. The total amount of assessments was reduced from $137,060.31 to $130,472.02. v. Recommendation that the City Manager be authorized to execute a contract with Asphalt Maintenance Company Incorporated for the construction of street and storm sewer improvements for 15th, 18th and Espinosa Streets and that a total of $395,000 be appropriated, including $374,224.30 for the construction contract and $20,775.70 for contingencies and incidental expenses. w. (Re organization and staffing changes withdrawn) x. Recommendation that the appointment of Mr. Homer T. Martinez, Jr., as Director of Programs for the Elderly be confirmed. y. Recommendation that the fee paid to a private ambulance operator for emergency calls be increased from $5.00 to $10.00 per call when the ambulance is assigned through the Police Dispatcher, and that Ordinance No. 10121 be amended on an emergency basis to provide for this increase. This increase will encourage the continued participation of private operators in providing emergency ambulance service in the City until such time as the City and Nueces County Hospital District ambulance service is operational. On request of Mr. Cuban Burbank, the Council agreed to set the date of August 15, 1973 at 4:00 p.m., for a public hearing on the request of Antonio Carreno, M.D. for change of zoning from "A-2" to "AB", located on the southwest corner of Ocean Drive and Craig Street. Mr. Burbank also commented relative to the appointment of Mr. Homer T. Martinez, Jr., as Director of the Programs for the Elderly, stating the program could be carried out at a fraction of the cost by employing the assistance of the elderly themselves, some of whom are retired executives, capable and willing to work for much less, and many of them would work • • Minutes Regular Council Meeting July 25, 1973 Page 11 for nothing. He stated this would enhance this program and asked the Council to urge Mr. Martinez to seek the services of these people. City Manager Townsend stated they. would work toward a balance in the staff as to the young and the elderly groups. Commissioner Acuff stated it appeared to him that there was a duplication in efforts relative to making sewer taps when installing sewer lines, and inquired if it would be possible to have the plumber make the taps when the line is installed. Mr. Townsend stated there would be some problems; that the plumbers cannot be relied upon to make the taps, and this possibility should be explored by a committee. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the City Manager's Reports, Items "a" through "y" (Item "w" deleted) be approved as presented by the City Manager. Mayor Luby announced the recessed public hearing on the Central Power & Light Company request for a rate increase. City Manager Townsend reviewed events during and following the meeting last week. He stated the recommendation he had submitted last week had been reviewed by Dr. John Langum and by Central Power & Light Company; that at last week's meeting there had been questions raised as to certain figures both included in his memorandum of July 18, and that of the Company; that Central Power & Light Company representatives were at that time in the process of determining the actual April through June impact of new rates throughout their system, and the actual figures had not been submitted. He stated that in a communication with Dr. Langum he had pointed out errors in his memorandum in that the expense comparison did not subtract income and franchise tax impact which is a deduction of $838,918. He stated he has some amendments to his recommendation of last week, and presented the Council and Central Power & Light representatives with copies showing resulting corrections of his memorandum of July 18, and his amended recommendation. He stated further review of the suggested rate schedule indicates that a $1 .50 first step charge for commercial accounts is reasonable; that Dr. Langum's review of the six month figures concludes that a 2.25% increase for all of 1973 is indicated based on year end adjustments to 1972 made evident by experience in the first half of 1973; that since no increase was granted for three months and 2% was granted through September, as increase of 4.9%as of October 1, 1973, is indicated to reach i • Minutes Regular Council Meeting July 25, 1973 Page 12 an average of 2.25% for the calendar year 1973. Mr. Townsend stated that in addition to the recommendations submitted on July 18, it is further recommended: (a) the Company payment for Dr. Langum's services be increased to $10,000 since he has done additional work for the City; (b) the Company be requested to provide full 1973 information for rate making purposes during February 1973 for City Council review of the results of 1973 and for rate redetermination if such be indicated. He stated the Company would be asked to promptly submit information by February of 1974 so the Council would be in a position to review the overall picture. He stated he had not been advised by the Company that these modifications are acceptable, but is proposing that they be incorpo- rated into an ordinance whether or not they are acceptable. City Attorney Riggs stated Mr. Townsend's memorandum dated July 25, 1973, with an attached statement of Dr. Langum dated July 22, be entered into the record as Exhibit "A", and made a part of the Transcript of this meeting on file in the Office of the City Attorney. Mr. Bob McKissick, member of the law firm of David Perry who has represented the Corpus Christi Consumers Association in the rate hearings, asked that he be allowed to make comments relative to the recommendation of the City Manager. Mayor Luby denied the request of Mr. McKissick, stating that he felt the Council has received all pertinent information and further comments would only confuse the issue. He stated that Mr. McKissick does not speak for the entire citizens of Corpus Christi and valuable time has been lost. Motion be Ricardo Gonzalez, seconded by Branch and passed, that the hearing be closed. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Luby abstaining, that the recommendation of the City Manager as presented be adopted, and that an ordinance to carry out this action be placed on next week's agenda. ORDINANCE NO. 11588 APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $94,602.64 FOR WASTEWATER COLLECTION SYSTEM MAINS AND LATERALS, OF WHICH AMOUNT $78,603 IS APPLICABLE TO PROJECT NO. 250-70-80.6, JACKSON - JACKSON TERRACE MAINS AND LATERALS; $9,161.15 IS APPLICABLE TO PROJECT NO. 250-70-80.5, HIGHWAY VILLAGE SOUTH SUBDIVISION, LATERALS; AND $6,838.49 IS APPLICABLE TO PROJECT NO. 250-70-93, CALALLEN HIGH SCHOOL LATERALS, THE WORK TO BE DONE BY CIN FORCES; AUTHORIZING THE REIMBURSEMENT OF NO. 109 WASTEWATER • Minutes Regular Council Meeting July 25, 1973 Page 13 SERVICES FUND FOR ALL AMOUNTS ADVANCED AND TO BE ADVANCED FOR LABOR AND MATERIALS FOR THESE PROJECTS, AND NOT PREVIOUSLY REIMBURSED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11589 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 THE PLANNING COMMISSION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ALL OF TINE McWHOITER TRACT, HEREIN REFERRED TO AS TRACT "A", FROM "B -1A" TOURIST COURT DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, AND CHANGING THE ZONING OF TRACT "B", MORE FULLY DESCRIBED HEREINAFTER, FROM "R-2" TWO FAMILY DWELLING DISTRICT AND "A-1" APARTMENT HOUSE DISTRICT TO "R -1B" ONE FAMILY DWELLING DISTRICT, SAID TRACTS "A" AND "B" BEING SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDI- NANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the vollowing vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11590 AUTHORIZING THE CITY MANAGER TO SUBMIT A SUPPLEMENTAL GRANT APPLICATION FOR THE POLICE/CITIZEN CONTRACT MONITORING SYSTEM TO THE STATE CRIMINAL JUSTICE COUNCIL FOR FUNDING THROUGH THE LAW ENFORCEMENT ASSISTANCE ACT, AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL GRANT APPLICATION, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11591 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. 15th Street, from the south right of way line of Morgan Street to the north right of way line of Ayers Street; 2. Espinosa Street, from Reyna Street to Highland Avenue; 3. Dolores Street, from Highland Avenue to Ruth Street; and 4. 18th Street, from Morgan Avenue to Ayers Street; Minutes Regular Council Meeting July 25, 1973 Page 14 AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS QF 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 was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11592 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT MAINTENANCE CO., INC. FOR CONSTRUCTION OF 15TH, 18TH, ESPINOSA AND DOLORES STREET AND STORM SEWER IMPROVEMENTS; APPROPRIATING A TOTAL OF $395,000, OF WHICH $332,428 IS OUT OF NO. 220 STREET BOND FUND, $314,943.20 BEING FOR THE CONSTRUCTION CONTRACT AND $17,484.80 BEING FOR CONTIN- GENCIES AND INCIDENTAL EXPENSES APPLICABLE TO PROJECT NO. 220-70-929; AND $62,572 OUT OF NO. 295 STORM SEWER BOND FUND, OF WHICH $59,281 .10 IS FOR THE CONSTRUCTION CONTRACT AND $3,290.90 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES APPLICABLE TO PROJECT NO. 295-72-11.1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11593 AMENDING THE CONTRACT AUTHORIZED BY ORDINANCE NO. 10121, PASSED AND APPROVED BY THE CITY COUNCIL ON FEBRUARY 24, 1971, BY AMENDING PARA- GRAPH (1) OF SAID CONTRACT, SO AS TO HEREAFTER PROVIDE FOR FEE PAYMENT TO A PRIVATE AMBULANCE OPERATOR FOR EMERGENCY CALLS TO BE $10 PER CALL WHEN THE AMBULANCE IS ASSIGNED THROUGH THE POLICE DISPATCHER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 11594 AUTHORIZING AND DIRECTING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE ROBERT WOOD JOHNSON FOUNDATION FOR THE PURPOSE OF REQUESTING $392,565 IN FOUNDATION FUNDS FOR PROVIDING FINANCIAL ASSISTANCE IN THE IMPLEMENTATION AND OPERATION OF THE PROPOSED CITY-NUECES COUNTY HOSPITAL DISTRICT EMERGENCY AMBULANCE SERVICE; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROPOSED PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, • Minutes Regular Council Meeting July 25, 1973 Page 15 present and voting "Aye"; Stark absent. RESOLUTION NO.. 11595 CONFIRMING THE APPOINTMENT OF HOMER T. MARTINEZ, JR. TO THE OFFICE OF DIRECTOR OF PROGRAMS FOR THE ELDERLY 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 following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE 9601,PASSED AND APPROVED JUNE 6, 1970, BY AMENDING ARTICLE IV, SECTION 9-49, SUBSECTION (2), "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE", FOR THE PURPOSE OF PRESCRIBING CURRENT AND APPROPRIATE RATES IN SAME; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Torn Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING THE TAP FEE SCHEDULE FOR SEWERS IN SEC. 38-27, ESTABLISHED BY ORDINANCE NO. 4288, PASSED AND APPROVED ON JULY 27, 1955, SO AS TO INCREASE SAID SCHEDULE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH: PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE: PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT: AMENDING SEC. 38-49, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 9863, PASSED AND APPROVED JULY 29, 1970, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER,RATES: REPEALING ORDINANCES IN CONFLICT; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo -Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING ORDINANCE NO. 9472, PASSED AND APPROVED AUGUST 27, 1969, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE OF FIVE PERCENT (5%) FOR CUSTOMERS USING TREATED WATER, INCLUDING MINIMUM CHARGES: REPEALING ALL ORDINANCES IN CONFLICT Minutes Regular Council Meeting July 25, 1973 Page 16 HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voti ng "Aye". SECOND READING OF AN ORDINANCE MAKING FINDINGS OF FACT; AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 9883, PASSED AND APPROVED ON AUGUST 12, 1970, BY AMEND- ING SECTION 38-46, 50 AS TO AMEND THE "INCENTIVE AIR COOLING AND CONDI- TIONING GENERAL RATE LIMITED TO CUSTOMERS USING LESS THAN 30 MILLION CUBIC FEET PER MONTH ANNUAL AVERAGE" SCHEDULE SO AS TO DELETE THE 24 AND 204 STEP THEREIN; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". Motion by Acuff, seconded by Ricardo Gonzalez and passed, with Thomas Gonzales voting "Nay", that the proposed 5 percent salary increase for City employees include all employees, specifically with reference to the City Manager. Mr. Forrest Allen, representative of Beach Condo, Ltd., appeared and requested that the tabled matter of his request to close the 200 block of Woodrow at the northern end of Corpus Christi Beach, on which a public hearing was held July 18, 1973, be considered at this time, stating that due to the long period of time already spent on this project, it is imperative that he get the matter before the Council for some action. Mayor Pro Tem Acuff, who had temporarily assumed the Chair, stated he wanted to investigate the proposal of last week that the City buy the four lots located behind the subject property and trade Condo, Ltd. for four lots on the Beach, and granting a special permit to allow parking behind the area to be counted on the one-to-one ratio requirement for parking, which he explained would solve the applicant's problem and at the same time preserve the open space area. Mr. Allen explained that it would be six lots instead of four; that he and his associates had learned that the owners of these lots, located away from the beach but adjacent to the building site, were willing to sell; that Beach Condo, Ltd. would be willing to work out an arrangement whereby they could use this space for parking rather • Minutes Regular Council Meeting July 25, 1973 Page 17 than the six beach Tots that the firm had previously committed itself to buying which in turn, would eliminate the need for the closing of Woodrow Street. He explained that the City would have to allow the Condominium's owners to include the parking area as open space in the one-to-one calculation to meet the requirements of AT Apartment Tourist District. Mayor Luby reminded the Council that the Beach. Advisory Committee had recom- mended that this matter be tabled for two weeks for study. It was agreed that Mr. Allen meet with the Staff as soon as possible for the purpose of working out details of the proposed land exchange. Mr. Wayne Johnson, spoke on behalf of the North Beach Businessmen's Association, and Mr. Pat Horkin who is out of the City, in opposition to any action being taken on the request to close Woodrow Street at this time. Mr. Johnson stated they are opposed to the proposed development on the basis that (1) it is not in the public interest; (2) is showing favorable treatment to private enterprise; and (3) two weeks ago a petition containing some 500 signatures was filed requesting that the Council immediately take steps to acquire property approved by the voters. He stated that attempts of Condo, Ltd. ore not consistent with good Planning and against the expressed will of the people. He stated the proposed high-rise structure would require some 1500 feet of shoreline and their offer to move back is not in good faith since they do not own the property; are asking the City to help finance their development and will come up with more property and more money. He commented that the City will probably be asked to pay for the drainage facilities. Mr. Carl Duaine appeared before the Council and explained some of the back- ground which lead to the present problem his client is having, stating that a total of ten lots have been prepared for homes along a portion of Mediterranean Drive and Caribbean Heights Subdivision, Unit 04, where no pavement exists in Caribbean Drive. Mr. Duaine basically requested City Council approval for constructingone-half of Mediterranean Drive abutting the ten lots so that home builders presently building homes will have public access for their home buyers in that area. Mr. John Held, developer, further informed the Council that he is currently being • .. III Minutes Regular Council Meeting July 25, 1973 Page 18 threatened with a law suit by Mr. Herbert Alexander who is constructing homes on five of the ten lots abutting the unpaved street. Following a brief presentation to the Council by City Manager Townsend and Chief Engineer Gerald Smith relative to Mr. Duaine and Mr. Held's problem, the Council directed the City Manager to work out the problems with the Staff and Mr. Held. Mr. Townsend recommended paving both sides of Mediterranean between Jamaica and Charlotte, and this suggestion appeared to meet with the tentative approval of Mr. Held and Mr. Duaine. There being no further business to come before the Council, motion by Lozano and passed, that the meeting be adjourned at 6:30 p.m., July 25, 1973. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of July 2, 1973 to July 31, 1973, inclusive, and having been previously approved by the Council action, are by me hereby approved. JA %" LUBY, Mayor City of Corpus Christi, Texas