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HomeMy WebLinkAboutMinutes City Council - 08/21/1974PRESENT: Mayor Jason Luby Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark City Hall. Church. • MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 21, 1974 2:00 P.M. City Manager R. Marvin Townsend City Attorney James R. Riggs City Secretary Bill G. Read Mayor Jason Luby called the day's meeting to order in the Council Chamber of the The Invocation was given by Reverend William K. Schuster of Mt. Olive Lutheran City Secretary Bill G. Read called the roll of those in attendance. Motion by Branch, seconded by Ricardo Gonialez and passed, that Mayor Pro Tem Acuff be excused for just cause. Mayor Luby announced the issuance of proclamations as follows: WOMEN'S SUFFRAGE DAY, August 26, 1974; and FOSTER GRANDPARENT PROGRAM DAY, August 28, 1974. On request of Mayor Luby, and by consensus of the Council, Pending Agenda Item 6(a), "Return to Council of Mayor's veto of Ordinance No. 12220, which provides for approval and appropriation of funds for the 1974-75 Budget," and Pending Agenda Item 6(b), "Call of Council consideration and vote on Mayor's veto of Ordinance No. 12220," were taken out of their regular order for consideration at this time. Mayor Luby delivered to the City Secretary, in open meeting of the Council, Ordinance No. 12220, unsigned, with his veto statement containing written objections attached thereto at 2:08 p.m., August 21, 1974. Mayor Luby read his 3 -page veto statement in its entirety, and noted attached Exhibit "B" (State and Local Fiscal Assistance Act of 1972, listing use of funds by local governments for priority expenditures); and Exhibit "C", (Unspent Allocations - Revenue Shoring). A copy of this statement with referenced Exhibits, are attached to Ordinance No. 12220, which was finally approved by the Council August 14, 1974, and on file in the office of the City Secretary. Mayor Luby made comments relative to his reasons for vetoing the City Manager's proposed 46.4 million dollar budget, specifically pointing out that the City Manager had said this budget will not cause taxes to rise, but that $2 million worth of Bayfront property had been •inutes Regular Council Meeting August 21, 1974 Page 2 • • • removed from the tax rolls by ordinances which will spread the tax burden heavier. He requested that he be shown certificates of appropriation for all Bayfront Science park projects, certificates of available funds, and proposed values. He pointed out on a map (Exhibit "A" attached to Ordinance No. 12220) areas already purchased. He stated that purchase of the Bayfront Science Park land with revenue sharing money was illegal according to Federal Law which calls for these funds to be used for "ordinary and necessary" operating expenses for capital improvements, and these purchases were not ordinary nor necessary because the City already has plenty of park land and there are more pressing priorities elsewhere in the City. Mayor Luby also criticized the deletion of a sewer line which he stated was approved by the voters in a bond issue in 1970 and stated that in his opinion this project should have been left in the budget, and other items such as land acquisition deleted. He pointed out the depressed economic situation in the City and stated the time is not right for a luxury budget. City Manager Townsend responded point by point to Mayor Luby's statements and reassured the Council that the 1974-75 budget is balanced and has been correctly prepared, submitted, adopted and approved. City Attorney Riggs stated that in accordance with a recent digest of rulings from the Office of Revenue Sharing and the direct comment to him in November, 1973, National Institute of Municipal Law Officers Meeting, Dallas, by the Deputy General Counsel of the Office of Revenue Sharing, that the Local Fiscal Assistance Act is to be liberally interpreted to permit our hard-pressed cities to meet the needs of particular communities as their respective governing bodies evaluate those local needs from time to time, he has found nothing inconsistent with the interpreta- tion of these rulings and the actions of this City relating to Bayfront Science Park, and which do include recreation, purchase of land, buildings, parks and maintenance, and operations for the implementation of recreation and culture in the City. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay", that the Corpus Christi Budget, as presented by the City Manager for the ensuing fiscal year beginning August 1, 1974, and ending July 31, 1975, and appropriation Ordinance No. 12220, be reaffirmed as finally passed. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby voting "Nay", that the Mayor's subject veto of Ordinance No. 12220, approved by the Council August 14, 1974, be specifically overridden. • Minutes Regular Council Meeting August 21, 1974 Page 3 • • Commissioner Branch stated his motion to approve the $46 -plus million dollar budget had been made in light of the fact that the Council has gone on record that, beginning next Wednesday, they will make a department by department review of the budget to find ways to cut any unnecessary expenditures. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented recommendations with comments and explanations as follows: a. That a public hearing be held at a Special Council Meeting at 4:00 p.m. on September 18, 1974 on the following zoning applications: (1) (2) (3) (4) Mrs. Teresa G. Pena - "R -1B" to "B-1", located on the southwest corner of Soledad Street and Greenwood Drive. Mr, Reyes Castillo - "R -1B" to "B-4", located 150 feet south of Baldwin! Boulevard and west of Virginia Avenue. Mr. E. Michael Harding - "1-2" to "B-4", located between Leopard Street and I.H. 37 and east of Corn Products Road. Text Amendment - To create new article entitled "Historical -Cultural Land- mark Preservation." b. That a public hearing for closing portions of the South Staples Street right-of-way and reverting the excess right-of-way to the abutting property owners be held on September 18, 1974. There are six parcels of right-of-way to be closed, all of which are recommended to be returned to the abutting property owners. Parcel No. 5 will be returned to Mr. Plomarity and in return the City will receive from the owner a 2' wide strip needed off of a portion of his lot. c. That bids be received at 11:00 a.m. Tuesday, September 10, 1974 for two all purpose tailgate material spreaders for the Street Division. d. That contracts be awarded to the following firms for our 1974-75 requirements of blueprint service, data processing cards, printing paper and stationery supplies: (Bid Tab 48-74) C. C. Photo Service, Corpus Christi (Blueprint Service) Globe Ticket Co., Dallas, Texas (Data Processing Cards) Maverick Clarke, Corpus Christi (Lot 111 Envelopes, Lot IV Adding Machine Paper, Lot V Stationery Supplies) $ 4,374.91 14,182.20 20,677.53 $39,234.64 That all bids received on Data Processing Cards - Lot II (continuous forms) be rejected because the Data Processing Department is revising its forms and new bids will be sought upon revision. It is also recommended that the only bid received on standard stock forms of $11,981 .80 from Burroughs Corporation of Corpus Christi be rejected and our requirements be purchased by quotation on the open market as needed. The bid did not meet specifications because it was for an exact quantity to be specially manufactured with the City obligated to pay the entire amount • • Minutes Regular Council Meeting August 21, 1974 Page 4 at the time of manufacture. Bids were received from 9 firms with an average price increase of 31%. e. That the following actions be taken in connection with the Sidewalk Improvements, Unit VII, Project: (1) That the public hearing for assessments be closed and that the corrected assess- ment roll be adopted. (2) That Clarkwood Road from Iris Street to Lot 9, Block 10, Clarkwood Townsite east side be deleted from the project and that assessment liens on Items 1, 2 and 3 be released. The principal of Clarkwood School has been consulted with and he concurs with the recommendation. (3) That Everhart Road from the South property line of Lot 1, Block 2, Alameda Estate 02 to the North property line of Lot 16, Block 3, Alameda Estate #3, southeast side be deleted from the project and the assessment liens for Items 30 through 35 be released. (4) That Robert Drive from Santa Fe to Estate Drive be left in the project to provide a safe means for children to walk to Windsor Park School and shoppers to Town and Country Shopping Center. It is also recommended that assessments be levied against the abutting properties. That a contract for the construction of Sidewalk Improvements, Unit VII, be awarded to E. J. Netek Construction Co. and that $36,000.00 be appropriated including $33,075.98 for the construction contract and $2,924.02 for contin- gencies and incidental expenses. (5) f. That Change Order No. 1 to the Bayfront Open Space Park Improvement work in the amount of $5,026.00 be approved with Asphalt Paving & Construction Co. to provide for the. construction of an additional 500' of 7' wide bicycle path. This change will allow for the Oleander Park bicycle path to enter Cole Park at the lower level, instead of terminating in Ocean Drive so that the path can be continued through Cole Park to downtown in a future contract. No additional appropriation is required since sufficient contingency funds exist. g. That acquisition of Parcels 49, 50, 51, Block 70 and Parcel 82, Block 62, Bayfront Science Park from Mrs. Ethel Bates for $67,500.00 be approved. Parcels 49, 50 and 51 are located in the 1600 Block of N. Chaparral between Hughes and Resaca Street and Parcel 82 is located in the 1500 Block of N. Water Street between Fitzgerald and Resaca. h. That authority be granted to execute a contract with the Coastal Bend Manpower. Consortium for Title 11 funds under the Comprehensive Employment and Training Act of 1973 to provide unemployed and underemployed persons with transitional employment in needed public services. The contract provides for 28 positions. The county has not yet developed its request for 10 positions. When the county does develop its request, the contract can be amended. 41/ • • • Minutes Regular Council Meeting August 21, 1974 Page 5 i. That authority be granted to execute agreements between the City, as the adminis- trative unit of the Coastal Bend Manpower Consortium, and the City of Robstown under Title II of the Comprehensive Employment and Training Act of 1973 for funds to provide unemployed and underemployed persons with transitional employment in needed public services. Five positions are provided for under the contract. j. That authority be granted to execute an amended contract with the U.S. Department of Housing and Urban Development for additional funds to continue the present Code Enforcement program in the Airport Park and Lexington subdivision areas through December, 1974. The original contract with HUD provided for a federal share of $900,596.00. This amendment provides for an additional $149,000.00 of federal funds bringing the total federal funding to $1,049,596.00. No additional City funds will be required as there is currently sufficient credit from the completed public improvements to cover the City's one-third share of the program cost. The $149,000.00 additional funds have been allocated as follows: $119,000 for program cost and $30,000 in rehabilitation grants. Of the 332 houses in the two areas that needed rehabilitation, 51 still need to be brought into compliance. This amended contract should allow most of these to be corrected and to carry on the Municipal Loan Program in conjunction with CDC and 8 local financial institu- tions. k. That a one-year contract be authorized with the Nueces County Rural Fire Prevention District #2 (Flour Bluff) under which the City will pay the District $30,115 in return for the District not levying a tax and providing fire service including at least 10 volunteer firemen at any serious brush, grass or major fire within the district. The City will also provide the radio equipment and maintain the radios. Other provisions of the proposed contract provide for the purchase of gasoline by the District under the City's contracts with reimbursement to the City for the cost of the gasoline purchased and for 30 -day cancellation by either party. The contract provides that District is to serve only as a source of support in their district and that the City is the responsible agency for managing fire defense in both the City and the district. I. That the public hearing for street improvements an Violet Road from Leopard Street to I.H. #37 be closed and that the assessment roll for this project be approved as corrected provid- ing for the construction of curbs, gutters, sidewalks along all business property and residential property on the east side, and driveways, on this project which is being jointly constructed by the City and the Texas Highway Department. The assessment roll reflects full assessment on business • Minutes Regular Council Meeting August 21, 1974 Page 6 • properties and reduced assessments on residential properties to be in general conformance with the prevailing residential rates on recent construction contracts. m. That the location for the auditorium as presented by the architects, Caudill, Rowlett and Scott, and Swanson, Heister, Wilson and Claycomb, in this schematic design report be approved, approximately $175,000 be appropriated on September 4, 1974 for the design develop- ment, working drawings, specifications, detail plans, and proposed contract phases for the audi- torium, and the architects be authorized to proceed. Money for this appropriation k available from bonds already sold from the December 1972 bond election. Mr. Clyde Teague, superintendent of Calallen School District, spoke relative to Item "I", Violet Road Street Improvements, and expressed appreciation for the staff's consideration for reduction in the assessments. He stated, however, he did not agree that there is a need for the sidewalks. Motion by Ricardo Gonzalez, seconded by Lozano and passed, with Mayor Luby voting "Nay" on Items "I" and "g", and Stark voting "Nay" on Item "I", that the City Manager's Reports, Items "a" through "m", be accepted, and the requests and recommendations be approved and adopted as presented by City Manager Townsend. Mrs. Shirley Johnson, Mr. Joe A. Martinez, and Mr. David Saenz, all spoke in favor of the Council approving Athena Cablevision's request for renewal of their franchise, and requested rate increase. City Manager Townsend presented and reviewed ordinances for the Council's consideration. SECOND READING OF AN ORDINANCE AMENDING SECTION 1 OF ORDINANCE NO. 9635, AS AMENDED BY ORDINANCE NO. 10445, SO AS TO ADOPT THE CHANGES ADOPTED BY THE TEXAS AIR CONTROL BOARD FOR THE CONTROL OF AIR POLLUTION WITHIN THE CITY OF CORPUS CHRISTI; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS ORDINANCE TO THE TEXAS AIR CONTROL BOARD: AND PROVIDING A SEVERANCE CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Branch, Tom Gonzales, Ricardo Gonzalez, and Stark present and voting "Aye"; Acuff absent. SECOND READING OF AN ORDINANCE APPROVING A NEW RATE SCHEDULE FOR THE FURNISHING OF COMMUNITY ANTENNA TELEVISION SERVICES WITHIN THE CITY OF CORPUS CHRISTI BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC., UNDER ANY FRANCHISE RE- NEWAL; PROVIDING THAT THIS ORDINANCE SHALL NOT RESTRICT THE POWER OF THE CITY TO RE -DETERMINE RATES; PROVIDING SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT THEREWITH. The foregoing ordinance was read for the second time and passed to its third reading by • Minutes Regular Council Meeting August 21, 1974 Page 7 • • the following vote: Branch, Tom Gonzales, Ricardo Gonzalez and Stark present and voting "Aye"; Luby abstained, Lozano disqualified and Acuff absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND CONSENTING TO THE TRANSFER OF THE COMMUNITY ANTENNA TELEVISION FRANCHISE AND TO THE TRANSFER OF OWNER- SHIP BY THE COMMUNITY ANTENNA TELEVISION SYSTEM FROM ATHENA CABLEVISION OF CORPUS CHRISTI, INC. TO CABLEVISION OF CORPUS CHRISTI, INC., WHEN, AS AND IF ACCOMPLISHED; PROVIDING THAT SAID CONSENTS ARE TO BE EFFECTIVE UNTIL THE TRANSFERS ARE ACCOMPLISHED BUT IN NO EVENT TO BE EFFECTIVE IN EXCESS OF ONE HUNDRED AND EIGHTY (180) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; APPROVING THE FINANCIAL RESPONSIBILITY OF THE PROPOSED TRANSFEREE; FINDING THAT THE PROPOSED TRANSFER HAS COMPLIED WITH THE TERMS OF ORDINANCE NO. 9470; PROVIDING THAT THE CONSENTS THEREBY GRANTED SHALL NOT BE AUTOMATICALLY OR IMPLIEDLY TERMINATED BY ANY REQUEST FOR OR GRANTING OF A FRANCHISE RENEWAL WITHIN SAID ONE HUNDRED AND EIGHTY (180) DAY PERIOD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Branch, Tom Gonzales, Ricardo Gonzalez and Stark present and voting "Aye"; Luby abstained, Lozano disqualified and Acuff absent. ORDINANCE NO. 12230 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-68 OF THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SPEED LIMITS ON A PORTION OF SOUTH PADRE ISLAND DRIVE (SH 358) FRONTAGE ROADS, AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12231 THIRD READING OF AN ORDINANCE AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIEN - HOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF A TRACT OR PARCEL OF LAND FOR FIRE STATION NO. 14, SOUTH STAPLES AT HOLLY ROAD, PROJECT NO. 207-64-2; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNA- TION PROCEEDINGS AGAINST THE RECORD OWNER, SARATOGA LAND COMPANY, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE. The foregoing ordinance was read for the third time and passed finally by the following vote: Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby present and voting "Nay"; Acuff absent. ORDINANCE NO. 12232 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, AND ALL RELATED DOCUMENTS, WITH THE COASTAL BEND MANPOWER CONSORTIUM FOR TITLE II FUNDS UNDER THE COMPRE- HENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 TO PROVIDE UNEMPLOYED AND UNDER- EMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN NEEDED PUBLIC SERVICES, AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting August 21, 1974 Page 8 • • The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12233 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND ALL OTHER RELATED DOCUMENTS BETWEEN THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, AND THE CITY OF ROBSTOWN UNDER TITLE II OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 FOR FUNDS TO PROVIDE UNEMPLOYED AND UNDEREMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN NEEDED PUBLIC SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12234 FURTHER AMENDING ORDINANCE NO. 12123, APPROVED JUNE 19, 1974, AS AMENDED BY ORDINANCE NO. 12165, APPROVED JULY 10, 1974, SO AS TO DELETE FROM SIDEWALK IMPROVEMENTS, UNIT VII, THE FOLLOWING STREETS: 1 o CLARKWOOD ROAD, FROM IRIS STREET TO LOT 9, BLOCK 10, CLARKWOOD TOWNSITE, EAST SIDE; 2. EVERHART ROAD, FROM SOUTH P/L OF LOT 1, BLOCK 2, ALAMEDA ESTATES #2 TO THE NORTH P/L OF LOT 16, BLOCK 3, ALAMEDA ESTATES #3, SOUTHEAST SIDE; PROVIDING FOR RELEASE OF LIEN ON SAID DELETED ITEMS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12235 AMENDING THE CITY BUDGET; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $36,000, OF WHICH $33,075.98 IS FOR THE CONSTRUCTION CONTRACT AND $2,924.02 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-72-11; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF SIDEWALK IMPROVEMENTS, UNIT VII; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12236 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED CONTRACT WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WHICH PROVIDES FOR $149,000 ADDITIONAL FUNDS FOR CONTINUATION OF THE CODE ENFORCEMENT PROGRAM UNDER TITLE I OF THE HOUSING ACT OF 1949, AS AMENDED, IN THE AIRPORT AND LEXINGTON • Minutes Regular Council Meeting August 21, 1974 Page 9 • SUBDIVISION AREAS, BEING CONTRACT NO. TEX E-21 (G), BRINGING THE TOTAL FEDERAL SHARE TO $1,049,596, A COPY OF SAID AMENDMENT BEING ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. ORDINANCE NO. 12237 AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT, AND OTHER R RELATED DOCUMENTS, WITH THE NUECES COUNTY RURAL FIRE PREVENTION DISTRICT /2 (FLOUR BLUFF); A COPY OF WHICH CONTRACT IS ATTACHED, MARKED EXHIBIT "A", AND INCORPORATED HEREIN FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Acuff absent. Mayor Luby announced the public hearing scheduled for 3:00 p.m. on the closing of a portion of Tweet Street between Cosner and Kostoryz. City Manager Townsend presented the request, pointed out the location of the portion to be closed on the map, and gave background information relative to revocable easements authorized approximately a year ago whereby abutting property owners were permitted to fence, maintain and grade along the right of way to preclude access. He stated one owner, Mrs. Walter Groce had signed such a document. He explained that the affected departments had been contacted and it is the recommendation of the staff that the street be closed with the provision that easements be retained for the existing utility lines, or relocated at the expense of the applicant, and that access be pro- vided to Lot 19 which does not have access except from Tweet Street. He explained that this can be corrected by replotting Lot 19 and Lot 2, Boulevard Place into one lot. Mr. Tim Clower, applicant, showed slides of the portion of Tweet Street proposed to be closed, pointing out the unkempt condition and lack of use as a street. He stated that Lot 19 and Lot 1 are under one ownership; that they propose to provide access to Lot 19 by agreement, and will provide or retain easements for the existing utilities. He stated that he had filed letters with the City Secretary from all the owners of Boulevard Place stating they were in favor of the proposed closing, and they would provide the staff with documents for their approval. Mr. Jerome Perez stated he was concerned with the effect the closing would have on future buildings and how much buffer zone would be retained. He explained that in his case, his Illtinutes Regular Council Meeting August 21, 1974 Page 10 • • property would be residential and directly across to the rear from it would be commercial property. He stated he is concerned os to what would happen if this area were changed to an easement. Mr. Clower stated the same building lines would prevail. City Manager Townsend explained that it was possible Mr. Perez would get 12-1/2 feet more land, and it would be vertified as to how much is needed for the easement. Motion by Stark, seconded by Branch and passed, that the hearing be closed. Motion by Lozano, seconded by Ricardo Gonzalez and passed, that Tweet Street be closed between Kostoryz and Cosner subject to the provision that access be provided to Lot 19, and subject to retention of easements for utilities as needed, and that an ordinance be brought forward effectuating the closing after details have been satisfactorily worked out with the staff and the applicant. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. State Representative Joe Salem appeared before the Council and read a letter he had sent to Mr. Barney M. Davis, President of Central Power and Light Company, asking that considera- tion be given to some form of temporary rebate to help compensate the poor of the City for the higher utility bills. He also read a letter which he received from Mr. Davis in answer to his, stating that some form of relief had been considered and made suggestions as to ways for dealing with this need. Mr. Salem suggested that a review board be set up by Central Power and Light Company to consider requests for relief and that it be funded from the increased revenues they are now receiving. He stated he had received another suggestion from U. S. Representative Henry B. Gonzalez of San Antonio that a special rate structure for the poor and elderly be created. (Council Exhibit 07-74) Mr. Townsend explained that a new rate schedule could be drawn up that shifts the higher rates away from the small user, but it would have to be nondiscriminatory and not just given to the poor and elderly. Mr. Paul A. Vogler, Jr., appeared and requested that surplus dirt from street improvement projects be used to fill in an area at the State School for use as a Little Miss kickball field. He stated he had consulted with the supervisor of the School and had been advised that there are no plans for use of the land within the next five years. He suggested that the surplus dirt be stored in the State Building until it can be utilized. City Manager Townsend stated this would present no problem and would require no action Minutes Regular Council Meeting August 21, 1974 Page 11 from the Council. He commented that the Horne Road, Prescott, and Greenwood Park projects are practically finished, but that the suggestion has merit for future projects. Mr. Richard Pittman, representative of Central Power & Light Company, appeared and announced that Central Power & Light Company's average delivered cost of fuel was 86.04 per million BTU, and that this increase will be reflected on the September billing to customers and would amount to $8.71 per thousand kilowatt hours. There being no further business to come before the Council, motion by Lozano, seconded by Ricardo Gonzalez and passed, that the Regular Meeting be adjourned at 4:30 p.m., August 21, 1974.