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HomeMy WebLinkAboutMinutes City Council - 06/19/1974• MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING June 19, 1974 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark Hall. Church. 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 The Reverend G. A. Poehlmann of the First Lutheran City Secretary T. Ray Kring called the roll of those in attendance. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Minutes of June 5, 1974 be approved as follows: Special Meeting, 11:00 a.m.; Regular Meeting, 2:00 p.m.; and Special Meeting at 3:00 p.m. Mayor Luby proclaimed June 24, 1974 as CORPUS CHRISTI DAY in commemoration of the day of the discovery of Corpus Christi Bay by Spanish explorer, Alonso Alvarez de Pineda, the Roman Catholic Feast Day, June 24, 1519. Captain Frank T. Stephens, General Chairman of the Corpus Christi Sister City Committee, introduced eighteen of the twenty students nominated by the local high schools from which four students will be selected to go to Yokosuka, Japan, in connection with the Student Exchange Program. The students nominated were: Mark Bartlett and Tricia Bedford (Tuloso Midway); Marc Lee Carter and Diana Grabowski (Flour Bluff); Danny Humada and Norma Gomez (Foy H. Moody); Jimmie McDonald and Pattie Thomas (W. B. Ray); Joe Paniagua and Johnnie Marie Milan (Roy Miller); Gene Peeples and Tedi Spencer (Richard King): Bradley Roach and Martha Robertson (Calallen); Louis Rodriguez and Maria Elena Cantu (West Oso); Gabriel Salazar and Connie Stewart (Mary Carroll); and Katie Meyer and Beth Pfromer (Incarnate Word). The four students selected from this group to go to Yokosuka were: Pattie Thomas, Gene Peeples, Gabriel Salazar and Johnnie Marie Milan. Mr. Gordon L. Humphrey, Agent for the National Maritime Union of Corpus Christi and National Longshoremen Union of Corpus Christi, appeared as spokesman for these two organiza- tions in protest of the City's proposed acquisition of their property on which their headquarters • Minutes Regular Council Meeting June 19, 1974 Page 2 buildings are located on Mesquite Street and included in the 10 -block area designated for expan- sion of the Bayfront Science Park which is proposed to be the location of a community theater, an auditorium, parking areas, and possibly a convention center. Mr. Humphrey stated this was the third time he, or representatives of the unions, had appeared before the Council, and that the union men were angered because their protests had been ignored by the Staff. He stated it appears that coming before the Council is the only means of communication with the Staff. Some 100 longshoremen crowded into the Council Chamber in support of the protest. Mr. Humphrey stated that the bringing of the 100 supporters had partially shut down the Port, and threatened to bring the entire group and completely shut down the operation next week if they did not get satisfactory answers to the following questions: "(1) What has been done on their request to be zoned out of this project? (2) How did you arrive at the price of $102,400 for Lots 14 and 15, Block 89 - that consist of a one-story building on 2 lots - when we have a total of 6 lots, a one-story frame building with asphalt parking lot, a two-story cement block building, and the combined price offered is Tess than was paid for the Gibbons property? (3) Who gave you the authority to use taxpayers' money on a project that was legally turned down by the property owners? You are spending money illegally, hoping for a favorable ruling from the Attorney General's office. (4) Who gave you permission to use federal revenue sharing funds for a project that would benefit a minimum of local citizens and a maximum of speculators and out of town motel and restaurant owners?" Mr. Humphrey commented that it was his understanding that revenue sharing funds are supposed to be used for the betterment of the citizens as a whole and not a select few. He further protested the expenditure of tax money for the proposed convention center which he alleged was being done illegally on the assumption that the Attorney General will rule favorable on the 1972 bond issue which was rejected by the property owners, and that it is his opinion that the City should comply with the law until it is changed. City Manager Townsend stated that the only thing the City has done regarding these specific pieces of property is to approve the list of values for the purpose of negotiations; that when union representatives appeared previously before the Council, it was indicated that there was under way o study which would take approximately three or four months to determine the exact placement of buildings, etc., on the site; that at that time it was indicated that a recommendation could not be made as to whether or not it would be possible to delete these blocks until this study is complete; that it was also indicated that the Staff would look at other possibilities; and there was • Minutes Regular Council Meeting June 19, 1974 Page 3 no indication of condemnation. He stated the offer made on December 17 was merely advising them what the list of approved values were; that there will be another appraisal process, but no reason why it should be compressed into a short period of time. He stated that only one block had been involved in condemnation so far, and no particular pressure timewise but, the Staff will have to wait for a site plan for the entire ten blocks to show where buildings, etc., are to be located. He stated it had been his understanding that this had been made clear. City Attorney Riggs responded to questions (3) and (4) relative to the authority to use taxpayers' money and the authority to use federal revenue sharing funds. He explained that the bond issue was submitted to the voters in 1972 on the proposition of whether or not the City should issue obligation bonds to purchase land and build buildings necessary for a community center; that that proposition failed by the vote of rendering property owners only but passed by a total vote of both rendering property owners and non -rendering property owners. He explained that the City Council does hove the authority, os the duly elected representatives of the City, to make decisions to go forward with the general acquisition of land pending completion of the preliminary plan, but cannot sell the bonds or spend bond money for that purpose unless the federal courts rule that the 1972 bond issue may be sold. He explained that what the Council is involved in at this time is not bond funds and bond funds are not being used. He stated that the Council does have the authority to spend tax money or revenue sharing funds for such things as public buildings, parks, recreation facilities, or other general welfare uses, these are valid uses and are authorized under both the revenue sharing law and state law. Mayor Luby criticized the Staff for not contacting the unions for a clearer understanding of the situation. He also questioned the legality of the City's acquiring land for the convention center before the legal questions have been settled. Mr. Humphrey pointed out the economical importance of the Port to the City, and the convenience of their being located near the docks. He stated they preferred to stay at their present location but if they were not permitted to stay, they were asking for adequate compensation for their property from the City to move to comparable quarters. Others appearing in support of the protest voiced by Mr. Humphrey were Mr. George Hartley; Mr. John Gallagher, 201 South Chaparral; Mr. Jimmie Bear; Mr. William Glover; Mr. John H. Reyna; Mr. Paul Smith; Mr. J. R. Jones; and Mr. Manuel Ysaguirre. City Manager Townsend suggested that representatives of the unions meet with the City • Minutes Regular Council Meeting June 19, 1974 Page 4 Staff for the purpose of discussing the land acquisition procedures and status of the property in question. Following a brief recess, the meeting was reconvened and Mayor Luby called for the opening of bids. Bids were opened by Director of Engineering and Phsyical Development James Lontos on improvements to Greenwood Park, from the following firms: Garcia Brothers of Corpus Christi, and Dan Winship, Inc., of Corpus Christi. Mr. Lontos explained that the improvements consists of a masonry pavilion with restrooms, barbeque area, assembly area, metal maintenance building and associated paving, concrete foot bridge over the Airport drainage ditch at Bloomington, and a system of hike and bike trails. Each facility is bid on a separate item. The work is the last report of a Department of Housing and Urban Development grant. Previous bids for grading and general construction work were rejected as too high. The grading work has been done by Street Division forces. 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. Motion by Acuff, seconded by Lozano and passed, that the Regular Meeting be recessed for the purpose of holding scheduled public hearings on three zoning cases. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Regular Meeting be reconvened. ORDINANCE NO. 12120 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Sarita Street, from Morgan Avenue to Baldwin Blvd.; 2. Niagara Street, from Belton to Burnet; 3. Bertram Street, from Belton to Burnet; and 4. Everthart Road, from approximately 300 feet South and 370.0 feet North of the frontage roads adjacent to South Padre Island Drive; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING 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: Luby, Acuff, Branch, Torn Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". • • Minutes Regular Council Meeting June 19, 1974 Page 5 ORDINANCE NO. 12121 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: UNIT VII OF THE SCHOOL SIDEWALK PROGRAM This project shall consist of the improvements of: I. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 Blk 10 Clarkwood Townsite. East side; 2. McArthur Street, from Belton St. to Tarlton Street N/W side; 3. Ruth Street from Osage to Eleanor, South Side; 4. Winnebago Street, from N. Alameda to Lake Street. N/W side; 5. Churchill Drive, Arlington to S. Staples South East side; 6. 15th Street from Southern Street to South Staples S/E side; 7. Everhart Road, from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to N. P/L of Lot 16 Blk 3 Alameda Estate #3 S/E side; 8. Robert Drive, from Ocean Dr. to Estate Drive, N/W side; 9. Robert Dr., from S. P/L of Lot 2 Blk 1 Alameda Estate #4 to Delano St. S/E side. 10. Williams Drive, from Rodd Field Road to E. P/L of C. C. Ind. School Dist. N. side; 11. Buford Street, from Brownlee Blvd. to 10th Street. South side; and 12. 15th Street, from Craig Street approximately 138.75 feet north. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICA- TIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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, Lozano and Stark, present and voting "Aye". 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. That bids be received at 11:00 a.m., Tuesday, July 9, 1974 for a three year contract for maintenance of temperature control maintenance equipment for City Hall, Utilities Building, Police Building, Corpus Christi Museum, International Airport, La Retama Library, Parkdale Library, and Greenwood Library. b. That Adjustments to the City's Tax Rolls for the year 1973 and prior years be approved as submitted by the Tax Assessor -Collector. Net Decrease in Tax Rolls Aug -Oct Nov -Jan Feb -Apr 1973 1973-74 1974 Total 1973 Tax Roll Real Property $ 10,962 $(1,017) $ 9,945 Personal Property 3,020 974 3,994 Minerals -- -- -- $ 13,982 (43) $ 13,939 • • Minutes Regular Council Meeting June 19, 1974 Page 6 Prior Years Real Property $ 582 $ -- $(2,073) $ (1,491) Personal Property 6,388 -- 3,383 9,771 Minerals -- 489,373 -- 489,373 6,970 489,3 3 1,310 497,653 Total Tax Rolls $6,970 $503,355 $1,267 $511,592 The principal decreases in the tax rolls is in mineral valuations due to settlement of the Bay Minerals annexation suit, including Exxon Minerals for 1962-72 on the Naval Air Station of $131,975 and decreases in mineral valuations in Corpus Christi Bay and the Laguna Madre for years 1971-72; Atlantic Richfield $53, 147, Exxon and Sun Oil $286,341, Shell Oil $5,466 and Sun Oil $13,379. The adjustments will also decrease the Water District's Tax Rolls for prior years by $31 for real property and $242 for personal property. c. That the CPA firm of Gowland, Kincaid, Guy, Fancher & Davis be employed to audit the Tax Division for the fiscal year ending July 31, 1974. This firm audits the Corpus Christi Independent School District. The City has customarily employed the District's auditors for the Tax Division audit. Cost of the audit will be $1,000. d. That street improvements in the Austin School Area, constructed by Asphalt Paving Company, be accepted and the final estimate of $58,684,27 be paid on the total contract of the $538,695. 185 working days were used or 90 less than the 275 working days alloted in the original contract. Completion of this project adds forty more blocks of paving completed under the 1970 and 1972 voluntary paverr int programs. It is also recommended that the final corrected assessment roll of $248,703.21 be accepted. e. That street improvements on 15th, 17th, 18th, Espinosa, Prescott, Elizabeth and Dolores Streets with Asphalt Maintenance Company, Inc. be accepted and final payment of $43,141.10 be authorized. Total construction cost was $460,325.65. An additional appropriation of $4,797.59 is requested to cover project overruns. It is also recommended that the final corrected assessment roll of $162,374.86 be accepted. The final assessment roll is $3,241.10 under the preliminary roll due to reductions in driveways and minor calculation corrections. f. That the contract for the construction of drainage improvements on Southgate Drive and Blanco Street be awarded to H -S Green Co., Inc., for $20,010. 86. The proposed work is within the La Armada Housing Project and will improve an old drainage problem. An appropriation of $21,500.00 is needed for award of the contract and related expenses. g. That the contract for initial development of the "Bayfront Parks" be awarded to Asphalt Paving & Construction Company for $230,325.65, according to the base bid. The project Minutes Regular Council Meeting June 19, 1974 Page 7 is jointly financed by the City and the Department of Housing and Urban Development, and includes grading, filling, shaping, rip -rap construction, top soil, seeding, access roads, parking, drainage improvements, and concrete bicycle paths. An appropriation of $245,000.00 is requested to cover the award of the contract plus related expenses such as engineering, advertising, and testing. h. That the preliminary assessment roll on West Port Area Street Improvements be approved and a public hearing on the assessments be held on July 17th at 3:00 p.m. The assess- ment roll includes 135 items and totals $79,748.08. No assessments are proposed on Everhart Road because the project already has full improvements, and the work proposed is only to provide a right turn lane. The assessments have been calculated using the low bid by H -S Green Company, Inc. of $263,104.34. i. That the preliminary assessment roll for the Sidewalk Unit VII project be approved and a public hearing be held at 4:00 p.m., July 24, 1974. The project includes 12 locations where sidewalks are proposed. The assessment roll includes 71 items and totals $32,883.12. The low bid was submitted by E. J. Netek Construction Company for $53,509.96. j. That an agreement be approved with Sessions Mortgage Co. Trustee, developers of Ridgewood Subdivision Unit 1 for City participation for the construction of 1/2 of Malden & St. Andrews Streets where they abut City parks. An appropriation of $13,015.19 is requested for the City's portion of the cost. k. That the City Manager be authorized to enter into a joint use agreement with the HIALCO Neighborhood Council, Inc. on the use of the Booker T. Washington Elementary School, 1114 Sam Rankin Street, as a multi-purpose neighborhood center. The agreement provides for use by third parties with the consent of both the City and HIALCO and cancellation by either party on 30 days notice. The Health Division is now in the process of moving several clinics from the neighborhood into the building. I. That Section 4 of the Compensation Ordinance be amended by reclassifying the following position: FROM TO Job Class Title Grade Job Class Title Grade 158 Jr. Library Aide 5 158 Jr. Library Aide 4 • • Minutes Regular Council Meeting June 19, 1974 Page 8 This classification was increased from Grade 4 to Grade 5 in May to reflect a $1 .65 per hour salary. The recommended salary change for Grade 4 will now produce an entrance salary of $1.66 in Grade 4. m. That the general salary schedule attached to subsection (a) of the Compensation Ordinance be amended by revising the salary rates for salary grades 4, 5 and 6 effective June 10, 1974, as follows: Grade From To 4-A Pool Attendant $1.43 $1.66 4-B Basket Room 1.49 1.71 4-C 1.54 --- 5-A Pool Attendants 1 .66 1.76 5-B 1.71 1.87 5-C Cashiers 1.76 1.98 6-A Life Guards 6-B Temporary 6-C Laborer 1.76 1.87 1.98 2.00 2.10 2.15 n. That the City's administrative policy regarding absence due to child birth be modified to allow the use of accrued sick leave and vacation for maternity purposes and to provide that employees on such leave be assured of a reasonable opportunity to return to work at the same job level. o. That the City Manager be authorized to sign an agreement for the administrative unit of the Coastal Bend Me power Consortium with the Corpus Christi Independent School District for the conduct and administration of summer youth employment programs throughout the 12 county area, funded under Title III of the Comprehensive Employment and Training Act of 1973. This agreement is submitted upon the recommendation of the Executive Board of the Coastal Bend Man- power Consortium and will authorize Corpus Christi Independent School District to expend $843,124 in providing employment to disadvantaged youth in the 12 county area of the Coastal Bend region. p. That a hearing be held on June 26, 1974 on the application of Expando Production Company to re-enter a plugged and abandoned well in Saxet Field. The Petroleum Superintendent has refused the permit because no waivers were obtained from the people dwelling nearer than 400 feet as is required to drill a new land well. The nearest residence is 225 feet. q. That the following actions be taken in connection with improvements to Wastewater Facilities: (1) The firm of Black & Veatch be authorized to proceed with preparation of plans and specifications under their contract of November 18, 1970, for i • Minutes Regular Council Meeting June 19, 1974 Page 9 the installation of a system capable of disposing of digested sludge into the ground adjacent to Allison Treatment Plant and Westside Treatment Plants as needed. The process involves pumping sludge through tractor mounted plowing equipment into the ground, allowing it to dry and repeating the cycle. (2) Black & Veatch also be authorized to prepare a Wastewater Treatment Plan which will involve the review of existing plants and needs for their improve- ment up through the year of 1990 and relating these needs to either consolida- tion of plants, shifting of wastewater from one plant to another, or continua- tion of existing facilities and sludge treatment. This report is needed to provide guidelines for present and future construction programs, and future E.P.A. requirements. An appropriation of $25,000.00 is requested for this work r. That authority be granted to enter into a lease agreement with FAA for approxi- mately 15,000 square feet of space in the Control Tower addition at the International Airport and a 120 car parking lot beginning on the first day of the month following completion on a year to year basis through June 30, 1990. The annual rental will be 10.52% of the total construction cost including all approved change orders and architectural and engineering fees. The lease also provides for payment of $1.74 per square foot per year for janitorial services and utilities. Mr. Paul G. Kratzig, attorney representing Pharaoh Enterprises, Ltd., spoke in protest of Paragraph 1 of Item "q" relative to the recommendation that the firm of Black & Veatch be authorized to proceed with preparation of plans and specifications under their contract for installation of a system capable of disposing of digested sludge into the ground adjacent to Oso Treatment Plant. He stated his client had developed the area around the Oso Plant, was very knowledgeable because of his previous experience in this area, and with no other interest other than as a concerned citizen, strongly felt the proposed method of sludge disposal whereby wet sludge is plowed into the ground, could be harmful because of the bacteria and offensive odor. He explained that his client had made this experiment on the Pharaoh Golf Course with unsatis- factory consequences. He pointed out that this method had been used more successfully in other cities because of the difference in the soil. He stated his client was primarily concerned with the Oso Plant. Director of Public Utilities, Robert Schneider, explained the experimental methods proposed to be used stating it will be cured in aerobic digestors for 30 days before disposal and, in his opinion, is a perfectly safe method of handling sludge disposal and could be of tremendous commercial value. Director of Engineering and Physical Development James Lontos explained that he had visited similar waste disposal sites in Boulder, Colorado and Dallas, Texas, and was • Minutes Regular Council Meeting June 19, 1974 Page 10 convinced that the method would work in Corpus Christi. City Manager Townsend suggested that the experiment be carried out at the Westside Treatment Plant where there is land available away from residences; that it would be routinely checked before it is extended to the other plants. Mr. Schneider and Mr. Lontos agreed. Mr. Townsend explained thatthis process would be superior to the present method. It was agreed by the Council that the reference to the Oso Plant in regard to installation of a system for disposing of sludge, be deleted from City Manager's recommendation "q". Mrs. Arthur Ellis, 10935 Leopard, objected to the experimentation being carried out at the Westside Plant and expressed the feeling that the west side of the City is being discriminated against. She also requested that the Council intercede with the Housing Authority to prevent another HUD project being built in the Annaville area, stating this area is already saturated with this type housing and the residents, because of this, are confronted with various and numerous problems. Mrs. George Clark, League of Women Voters, spoke relative to the matter of sludge disposal and suggested that there be some kind of educational program because of the concern that there is a worldwide shortage of fertilizer. She invited the Staff to attend the League of Women Voters' meetings. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the City Manager's Reports, Items "a" through "r" ("q" amended) be accepted, and the requests and recommendations be granted and approved as presented. City Manager Townsend presented the pending item of zoning Application 0474-13E, D. L. Smith, dba Der Wienerschnitzel, for an exception to the Standard Screening Fence Require- ment on Lot 1, Lexington Plaza Annex, located on the southwest corner of Carroll Lane and South Padre Island which was heard by the City Council on June 5, 1974, and tabled until a full City Council could be present because the 20% Rule is in effect. He stated an ordinance had been prepared and would be presented. Lt. Comdr. Fonville Kelly, 245 Oleander, voiced opposition to the proposed ordinance establishing a local office to handle discrimination charges within the City. He stated he did not think the two additional positions are necessary, that there are adequate local agencies to see that all laws are complied with, and although financed by public funds, it would still be a part of the local government but controlled by the government. • Minutes Regular Council Meeting June 19, 1974 Page 11 Mr. David Saenz, 1430 17th Street, spoke in support of the ordinance establishing a local office to handle discrimination complaints. He read his communications to the Equal Employ- ment Opportunity Commission and to Senator Tower which transpired in 1972 showing his support of this action. FIRST READING OF AN ORDINANCE DECLARING THE POLICY OF THE CITY TO BE IN FURTHER- ANCE OF THE RIGHT OF EACH INDIVIDUAL TO OBTAIN EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX OR NATIONAL ORIGIN; DEFINING TERMS; ADOPTING REGULATIONS CONCERNING UNLAWFUL EMPLOYMENT PRACTICES; PROVIDING CERTAIN EXEMPTIONS AND EXCLUSIONS; SETTING UP A PROCEDURE FOR THE HANDLING OF COM- PLAINTS; OUTLINING THE DUTIES OF THE CITY ATTORNEY AND THE AUTHORITY OF THE ADMINISTRATOR; FORBIDDING INTIMIDATION; CONTAINING A SEVERANCE CLAUSE; PROVIDING A PENALTY; PROVIDING AN EFFECTIVE DATE; AND, PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, and Lozano, present and voting "Aye"; Stark present and voting "Nay". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MARGIE BENNETT DBA COLISEUM CONCESSIONS, GRANTING THE RIGHTS OF CONCESSION AT THE EXPOSITION HALL AND MEMORIAL COLISEUM ON SHORELINE BOULEVARD IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO THE SAID MARGIE BENNETT DBA COLISEUM CONCESSIONS, SAID CONCESSION RIGHTS TO BEGIN NOVEMBER 1, 1974 AND TO TERMINATE ON OCTOBER 31, 1977, SUBJECT TO THE COVENANTS AND CONDITIONS PROVIDED IN SAID CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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". ORDINANCE NO. 12122 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: WEST PORT AREA STREETS AND EVERHART ROAD IMPROVEMENTS AS FOLLOWS: 1. Sarita Street, from Morgan Avenue to Baldwin Blvd.; 2. Niagara Street, from Belton to Burnet; 3. Bertram Street, from Belton to Burnet; and 4. Everhart Road, from approximately 300 feet South and 370.0 feet North of the frontage roads adjacent to South Padre Island Drive, DETERMING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST THE ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTT- ING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD WEDNESDAY, JULY 17, 1974 AT 3:00 P.M.IN THE CITY COUNCIL CHAMBER AT CITY HALL, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". • Minutes Regular Council Meeting June 19, 1974 Page 12 ORDINANCE NO. 12123 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF VARIOUS COST FOR THE IMPROVEMENT OF: UNIT VII OF THE SCHOOL SIDEWALK PROGRAM The project shall consist of the construction of sidewalks on the following streets: 1. Clarkwood Road, from Agnes Street (Hiway 44) to Lot 9 BIk 10 Clarkwood Townsite. East side; 2. McArthur Street, from Belton St. to Tarlton St. N/W side; 3. Ruth Street from Osage to Eleanor, South Side; 4. Winnebago Street, from N. Alameda to Lake St. N/W side; 5. Churchill Drive, Arlington to S. Staples South East side; 6. 15th Street, from Southern Street to South Staples S/E side; 7. Everhart Road, from S. P/L of Lot 1 Blk 2 Alameda Estate No. 2 to N. P/L of Lot 16 Blk 3 Alameda Estate #3 S/E side; 8. Robert Drive, from Ocean Dr. to Estate Drive, N/W side; 9. Robert Dr. from S. P/L of Lot 2 Blk 1 Alameda Estate 04 to Delano St., S/E side; 10. Williams Drive, from Rodd Field Road to E. P/L of C.C. Ind. School Dist. N. side; 11. Buford Street, from Brownlee Blvd. to 10th Street, South side; and 12. 15th Street, from Craig Street approx. 138.75 feet North. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COST 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, JULY 24, 1974 AT 4:00 P.M. IN THE COUNCIL CHAMBER, 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: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12124 AMENDING SECTION. 21-65 OF THE CORPUS CHRISTI CITY CODE, PROVIDING THAT CERTAIN TRUCKS, TRAILERS AND OTHER VEHICLES BE RESTRICTED TO THROUGH STREETS, AS AMENDED, BE AMENDED BY ADDING THE PROVISION THAT VEHICLES IN EXCESS OF 5,000 POUNDS OR WITH AN OVERALL WIDTH IN EXCESS OF 8 FEET BE REQUIRED TO USE ONLY THROUGH STREETS TO REACH INDUSTRIAL OR BUSINESS -ZONED PROPERTY WHICH HAS ACCESS FROM BOTH RESIDENTIAL AND THROUGH STREETS, AND THAT SUCH TRUCKS NOT BE ALLOWED TO PARK ON RESIDENTIAL STREETS FOR A CONTINUOUS PERIOD IN EXCESS OF 8 HOURS WHILE IN THE PROCESS OF MAKING A DELIVERY OR PICK-UP; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye". • Minutes Regular Council Meeting June 19, 1974 Page 13 ORDINANCE NO, 12125 AMENDING THE COMPENSATION PLAN, ORDINANCE NO. 3658, AS AMENDED, BY AMENDING SECTION 4 THEREOF SO AS TO CHANGE THE CLASS GRADE IN THE LIBRARY SERIES AS HEREINAFTER SET FORTH; AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (b) 50 AS TO AMEND THE SALARY RATES FOR SALARY GRADES 4, 5 AND 6, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12126 APPROPRIATING OUT OF NO. 220 STREET BOND FUND $4,797.59 TO SUPPLEMENT APPROPRIA- TIONS PREVIOUSLY MADE BY ORDINANCE NO. 11592 DATED JULY 25, 1973 FOR THE CON- STRUCTION OF STREET IMPROVEMENTS FOR 15TH, 17TH, 18TH, ESPINOSA, PRESCOTT, ELIZABETH AND DOLORES STREETS, PROJECT NO, 220-67-92.9, SAID APPROPRIATION BEING FOR PROJECT COSTS OVERRUN; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12127 AMENDING ORDINANCE NO. 11591, PASSED AND APPROVED ON JULY 25, 1973, PERTAIN- ING TO THE FOLLOWING NAMED 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; AMENDING ORDINANCE NO. 11689, PASSED AND APPROVED ON SEPTEMBER 12, 1973, PERTAINING TO THE FOLLOWING NAMED STREETS: 1. Elizabeth Street from 18th to 17th Street; 2. 17th Street from Elizabeth Street to Crosstown Expressway; and 3. Prescott Street from 17th to 18th Street; BY AMENDING SECTIONS 3 OF SAID ORDINANCES SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY HEREINAFTER SET OUT; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12128 AMENDING ORDINANCE NO. 11533, PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973, PERTAINING TO THE FOLLOWING NAMED STREETS: 1. Vera Cruz Street, from the south right-of-way line of Zaragosa Street to the north right-of-way line of Morgan Avenue, and from the north right-of-way line of Navajo Street to the south right-of-way line of Baldwin Boulevard; • Minutes Regular Council Meeting June 19, 1974 Page 14 2. Guatemozin Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Navajo Street; 3. Balboa Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Baldwin Boulevard; 4. Pueblo Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Baldwin Boulevard; 5. Shawnee Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Baldwin Boulevard; 6. Hiawatha Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Baldwin Boulevard; 7. Virginia Street, from the north right-of-way line of Morgan Avenue to the south right-of-way line of Baldwin Boulevard; 8. Torreon Street, from the north right-of-way line of Navajo Street to the south right-of-way line of Baldwin Boulevard; 9. Cortez Street, from the north right-of-way line of Navajo Street to the south right-of-way line of Baldwin Boulevard; 10. Zapata Street, from the west right-of-way Zine of Guatemozin Street to the east right-of-way line of Vera Cruz Street; 11. Gloria Street, from the west right-of-way line of Guatemozin Street to the east right-of-way line of Vera Cruz Street; 12. Zaragosa Street, from the west right-of-way line of Guatemozin Street to the east right-of-way line of Airport Road; 13. Iturbide Street, from the west right-of-way line of Guatemozin Street to the east right-of-way line of Airport Road; 14. Hidalgo Street, from the west right-of-way line of Hiawatha Street to the east right-of-way line of Airport Road; 15. Santa Elena Street, from the west right-of-way line of Balboa Street to the east right-of-way line of Airport Road; 16. Navajo Street, from the west right-of-way line of Balboa Street to the east right-of-way line of Airport Road, and, 17. Carmen Street, from the west right-of-way line of Balboa Street to the east right-of-way line of Cortez Street, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY SET FORTH HEREINAFTER; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12129 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BLACK & VEATCH, CONSULTING ENGINEERS, FOR THE PREPARATION OF A WASTEWATER TREATMENT FACILITIES MASTER PLAN, A COPY OF SAID CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF NO. 250 SANITARY SEWER BOND FUND $25,000 APPLICABLE TO PROJECT NO. 250-7-210; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12130 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF BAYFRONT PARK IMPROVEMENTS, H.U.D. PROJECT NO. OCS-TEX-35; APPROPRIATING OUT OF NO. 291 PARK BOND FUND • Minutes Regular Council Meeting June 19, 1974 Page 15 $245,000, OF WHICH $230,325.65 IS FOR THE CONSTRUCTION CONTRACT AND $14,674.35 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 291-70-8; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12131 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR THE CONDUCT AND ADMINISTRATION OF SUMMER YOUTH EMPLOYMENT PROGRAMS FUNDED UNDER TITLE III OF THE COMPREHENSIVE EMPLOY- MENT AND TRAINING ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12132 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH H -S GREEN COMPANY, INC., FOR CONSTRUCTION OF SOUTHGATE DRIVE AND BLANCO STREET DRAINAGE IMPROVE- MENTS; APPROPRIATING OUT OF NO. 295 STORM SEWER BOND FUND $21,500, OF WHICH $20,010.86 IS FOR THE CONSTRUCTION CONTRACT AND $1,489.14 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 295-72-13; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12133 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SESSIONS MORTGAGE COMPANY, TRUSTEE, DEVELOPER OF RIDGEWOOD SUBDIVISION, UNIT 1, IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ALONG MALDEN DRIVE AND ST. ANDREWS DRIVE ADJACENT TO CITY PARKS, A COPY OF WHICH AGREEMENT I5 ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $13,015.19 REPRESENTING THE CITY'S SHARE OF COSTS FOR THE ABOVE DESCRIBED IMPROVEMENTS AS PROVIDED IN THE PLATTING ORDINANCE, APPLICABLE TO PROJECT NO. 220-72-18; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12134 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, • Minutes Regular Council Meeting June 19, 1974 Page 16 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 D. L. SMITH dba DER WIENERSCHNITZEL FOR AN EXCEPTION TO THE STANDARD SCREEN- ING FENCE REQUIREMENT ON LOT 1, LEXINGTON PLAZA ANNEX A, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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: Luby, Acuff, Tom Gonzales, Ricardo Gonzalez, Lozano, and Stark, present and voting "Aye"; Branch present and voting "Nay". ORDINANCE NO. 12135 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE WITH THE DEPART- MENT OF TRANSPORTATION (FEDERAL AVIATION ADMINISTRATION) FOR AND ON BEHALF OF THE UNITED STATES OF AMERICA FOR USE OF APPROXIMATELY 15,000 SQUARE FEET OF NET RENTABLE SPACE IN THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, INCLUDING A PARKING LOT, COMMENCING ON THE FIRST DAY OF THE MONTH FOLLOWING THAT IN WHICH BENEFICIAL OCCUPANCY 15 OBTAINED, ON A YEAR-TO-YEAR BASIS THROUGH JUNE 30, 1990; PROVIDING FOR JANITORIAL/UTILITY FEES, ALL AS MORE FULLY SET FORTH IN THE PROVISIONAL LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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, Lozano, and Stark, present and voting "Aye". ORDINANCE NO. 12136 AUTHORIZING THE CITY MANAGER TO ENTER INTO A JOINT USE AGREEMENT WITH THE HIALCO NEIGHBORHOOD COUNCIL, INC. FOR USE OF THE BOOKER T. WASHINGTON ELEMENTARY SCHOOL, 1114 SAM RANKIN STREET A5 A MULTI-PURPOSE. NEIGHBORHOOD CENTER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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, Lozano, and Stark, present and voting "Aye". Mayor Luby called for petitions from the audience on matters not scheduled on the agenda. Mr. David Saenz read and distributed copies of his revised schedule of the Corpus Christi teachers salary grades. He also read and distributed copies of his letter to the Corpus Christi Independent School District requesting that the schedule be changed. He stated he is a concerned parent not only for the welfare of his ten children but feels the teachers of this City are doing a tremendous lob and deserve more consideration. (Council Exhibit #5-74) Mr. and Mrs. Ira Hayley, 10730 Timbergrove Lone; Mrs. H. D. Horton, 2234 Countiss Drive and Mrs. Betty Murphy, 2729 Robbie Drive, spoke in opposition to the location of additional • • Minutes Regular Council Meeting June 19, 1974 Page 17 HUD housing projects in the Annaville area, generally on the basis that this area is already overrun with this type housing, schools are being over -crowded, this area receives fewer services for their tax money than any other area; no supervision of the HUD trailer park in the area; and that the HUD type housing should be distributed equally throughout the City. Mrs. Hayley invited the Council to be her guest for lunch, preferably following a big rain, for a tour of the area and an on -the - ground view of the conditions in this area. They emphasized that their objections have nothing to do with ethnic related problems. Mr. Reyna, 2721 Robbie Drive, complained that the Tuloso Midway School had been infiltrated with undesirable school children from the Clarkwood area. He stated he has ten children and does not want them subjected to such things as narcotics and tobacco in the high school. It was explained to the citizens that the Council has no authority over the actions of the Housing Authority other than appointments to the Board. The complaining citizens were asked to go before the Housing Authority and voice their objections as to the location of HUD housing projects. Mr. Ralph Rhem, 1060 Dorthy, spoke in protest of a recent ruling of the Parks & Wildlife Commission banning the use of artificial bait on trout lines on the basis that it was selective in catching red fish. He stated he feels this is a discrimination against himself and other small fishermen and asked the Council to intercede to have this law changed. City Manager Townsend stated he would check into these regulations and attempt to find out more specifically what they are and how they apply. There being no further business to come before the Council, motion by Tom Gonzales, seconded by Stark and passed, that the meeting be adjourned at 6:00 p.m., June 19, 1974.