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HomeMy WebLinkAboutMinutes City Council - 03/12/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 12, 1975 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. City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Commissioner Harold T. Branch. City Secretary Bill G. Read called the roll of those in attendance and noted the presence of a quorum of the Council and the required Charter officers to conduct a valid meeting. Motion by Acuff, seconded by Branch and passed, that the Minutes of the Regular Meeting of February 19 at 2:00 p.m. and the Special Meeting of February 19 at 3:30 p.m., be approved as furnished the Council. Mayor Luby proclaimed the period of March 14 through 20, 1975 as FAMILY BOATING WEEK; and the month of March, 1975, as IRISH HERITAGE RECOGNITION MONTH. Motion by Ricardo Gonzalez, seconded by Acuff and passed, that the absence of Commissioner Stark be excused for just cause. Mayor Luby announced the scheduled public hearing on the request to close a portion of right of way along Ocean Drive. City Manager Townsend described the location of the property as being jest north of Ocean View Place along Ocean Drive abutting Lots 1, 2, 3 and 4, South Shore Place. He explained that the request was made by Urban Engineering for the Bishop of the Catholic Diocese and the four lots in question are in the process of being replatted into one lot. He stated this is right of way for which the present limits are not clearly agreed upon and there is a question about what is City right of way; that the request has been circulated through the affected City Departments and it is generally agreed that the right of way be closed provided 10 feet be retained to protect the fire hydrant presently exist- ing. He explained that a wall is located approximately six feet behind the sidewalk and the right of way retained should be ten feet from the back of the sidewalk, and in the event at a later date the sidewalk needs to be widened, and in which case, the City should not have to buy back public right of way. He further explained that the closing of the balance of the area will serve to clear whatever question there is about the right of way line and allow Minutes Regular Council Meeting March 12, 1975 Page 2 the owner to plat his property. No one appeared in opposition to the foregoing request. Motion by Acuff, seconded by Branch and passed, that the hearing be closed. Motion by Tom Gonzales, seconded by Branch and passed, that the recom- mendation of the City Manager and the staff be concurred in and the right of way along Ocean Drive abutting Lots 1, 2, 3 and 4, South Shore Place, located just north of Ocean View Place, be abandoned subject to the retention of the ten -foot area located nearest the sidewalk and an ordinance be brought forward effectuating the closing. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explana- tions as follows: a. That the contract award for 4600 feet of 1-1/2" and 4850 feet of 3" fire hose be made to Mel Pitman, Corpus Christi, on the basis of best bid of $15,612.00. The low bid on 3" hose submitted by Lorey's Fire Protection Company of Austin, was hose of polyester construction rather than cotton dacron construc- tion which is more durable and fire retardant. (Bid Tab #20-75) b. That the 1974-75 requirements of special bodies be purchased from the following firms on the basis of low bid meeting specifications: TRUCKERS EQUIPMENT, INC., Corpus Christi - 2 10-12 Cu. Yd. Dump Bodies $5,390.00 2 pr Utility Tool Boxes 743.50 $6,133.50 COMMERICAL BODY CORPORATION, San Antonio, Texas - 2 4-5 Cu. Yd. Dump Bodies $3,106.40 3 Utility Service Bodies 2,787.60 1 Utility Service Body 3/canopy 1,254.10 $7,148.10 GRAND TOTAL $13,281.60 The apparent low bid of $4,834.54 on 10-12 cu.yd. dump bodies and $2,962.64 on 4-5 cu.yd. dump bodies submitted by American Equipment, Inc. did not meet specifications in that a lighter weight body was offered than specified. The second low bid on these two items of $5,390 and $3,062 submitted by Truckers Equipment, Inc. did not include OSHA required equipment, but it is recommended that the second low bid be accepted on the 10-12 cu.yd. dump bodies because it would be cheaper to buy the OSHA required equipment from another supplier than take the next lowest bid of $5,771.20 by Commercial Body Corporation. Bids were received from 5 firms. A price comparison on the utility tool boxes and the 4-5 cu.yd. dump bodies reveals an average increase of 040.231. (Bid Tab 021-75) i Minutes Regular Council Meeting March 12, 1975 Page 3 c. That the replacement bookmobile for the Greenwood Branch Library be purchased from MOBILABS, INC., Nashville, Tennessee on the basis of low bid meeting specifications of $23,944.14. The apparent low bid of $21,546 submitted by XPLORER MOTOR HOMES of Brown City, Mich., did not meet a number of specifica- tions. Bids were received from 4 firms. (Bid Tab #22-75) d. That the contract award on a well point system for the Wastewater Services Division to be used to drain the ground where the lines must be laid below ground water level such as in Flour Bluff, be made to the following companies on the basis of low bids: MORETRENCH AMERICAN CORPORATION, Tomball, Texas - Lot 1 - Trailer -mounted well point pump $8,037.00 GRIFFIN WELL POINT CORPORATION, Houston, Texas - Lot II - Well points, header pipe & fittings 4,196.50 $12,233.50 Bids were received from three firms. (Bid Tab #23-75) e. That tax roll adjustments for the period August 1 thru October 31, 1974 resulting in a new decrease of $5,185.81 be approved including decreases of $2,683 in real estate tax and $2,503 inpersonal property tax. Principal adjust- ments were a decrease of $1,572 for 1972 and 1973 on a pipeline of Humble Oil when it was found that the assessments were based on wrong information; a decrease of $358 on a pipeline of Tenneco, Inc., for the same reason; a decrease of $503 on Personal Property of Budget Rent A Car which was double assessed; and a decrease of $422 for Atlas Sewing Center as a Bankrupt firm. f. That a public hearing be held during a Special Council Meeting at 3:30 p.m. on April 2, 1975 on the following zoning matters: 1. City of Corpus Christi, Texas: From "B-4" to "B-5", located along South Staples Street between Everhart Road and Caddo Street for a light manufacturing use. 2. Text Amendment to Article 11, "AB" Professional Office District, Section 11-2, Use Regulations, Paragraphs 7, 8, 9, 10, 11, 12 & 13 to add a new paragraph to be numbered 14 to allow signs to be placed not only flat against a building but also flat against any fence not in a required yard area and according to certain other conditions. R. Th"1 01i11nnnv. Nn. 111115. pRCPPd RPI1 approved rm A9111 1, 068 which changed the zoning on Luta 19 nud 20, Bluck 9, Ilnyviow No 3 b= nmandcd a.. that the portion of the legal description dealing withthe subdivision unit number changed from Bayview No. 3 to Bayview No. 2. This error was brought forward by the present owners of the property. The phyalrn1 lnratl"n nt the southeast corner of Craig and 14th Street is correct. Minutes Regular Council Meeting March 12, 1975 Page 4 The property owners within 200 feet of this location were properly notified. The hearing was properly advertised, and thus the only action necessary is to amend the ordinance. h. That a 7-11' utility easement adjacent to the southwest boundary of Lots 2 through 6, Block 1, Industrial Heights subdivision located on the south side of Leopard Street east of Corn Products Road be, abandoned subject to the plat vacation approved by the Planning Commission being filed. i. That the appointment of Mr. Randy E. Rolando to the position of Chief Accountant be confirmed. Mr. Rolando received a BBA degree from Texas A&I University in 1971, is a certified public accountant, was previously employed by Del Mar College (2-1 years), and is currently employed by a certified public accounting firm. j. That authority be granted to submit an application to the Criminal Justice Division for second year funding of the Corpus Christi Police Department'''s Crime Prevention Unit (May 1, 1975 to April 30, 1976) and to execute all documents necessary to continue the program if the grant is approved. Cost to the City will be $37,454 for salaries and fringe benefits of one Police Lieutenant and two Police Patrolmen who are now assigned to the program. The Criminal Justice Division will fund two Police Patrolmen, one Secretary, and other support for the Unit ($48,050). k. That a public hearing be held at a special Council meeting at 3 p.m. on Wednesday, April 16, 1975, on the City's applications to the Urban Mass Trans- portation Administration for $369,332 of operating assistance for 1974-75 and for $1,138,170 for capital assistance for bus replacement and other bus system improve- ments. Public hearings are required before these applications can be processed by the Urban Mass Transportation Administration. 1. That the City Council, as the Metropolitan Planning Organization for the Corpus Christi urbanized area, adopt a resolution endorsing the City's section 3 & 5 application for transit financial assistance for 1974-75 as recommended by the Intergovernmental Urban Transportation Study Steering Committee which is the M.P.11,'a pulley ndvino,y rnmmltlae. m. That South Staples Street from Padre Island Drive to Saratoga Boulevard be accepted and the final corrected assessment roll of $158,105.76 be adopted. The project was jointly constructed between the City and the State with the total eulimated cost being $1,148,300.51, of which the State's portion is Minutes Regular Council Meeting March 12, 1975 Page 5 $603,529.78 and the City's, $511,521.81. Some additional City participation may be required after the State submits its final bill, including all change orders and material variations. n. That the Fire Communications Activity Budget (Activity 3343) be amended to add the provision to the salary schedule that Fire Captains can be utilized in lieu of Fire Alarm Operators when such assignment is based on the physical condition of the Fire Captain so assigned. o. That authority be granted for the City as the administrative unit of the Coastal Bend Manpower Consortium, to submit a grant modification to the Department of Labor for Title VI programs to increase funding from $693,091 to $770,573. The grant modification reflects changes in the following participat- ing jurisdictions: P• City of Corpus Christi, from $292,820 to $395,737 Manpower Administration, from $72,323 to $69,309 Nueces County, from $47,598 to $54,144 City of Robstown, from $21,271 to $25,290 McMullen County, to $1,808 Kenedy County, to $1,206 That authority be granted for the City as the administrative unit of the Consortium to execute an amended Title I contract with the City for the Coastal Bend Work Experience Program. The amendment provides an increase in funding of $141,668 as follows: (a) Work Experience Program, $95,709 (b) Coastal Bend Senior Aides Program, $35,979 (c) Governor's Office of Migrant Affairs Program, $9,980 Other major changes in the basic Work Experience contract provide for an increase in the number of enrollees from 125 to 183, and a transfer of $442,000 from the "allowance" category to the "wage" category. The Senior Aides Program is designed for employment of 50 persons 60 years of age or older and residing in the 12 -county Coastal Bend area. The Governor's Office of Migrant Affairs Program provides for the employment of three outreach workers who are to provide a liaison and working relationship between seasonal farm workers and the nrrire of Migrant Affnirn. This program is to he coordinated through the Coastal Bend Work Experience Program Office. The above funding has been approved by the Executive Board of the Manpower Consortium and will extend through June 30, 1975. q. Thal author1ty he granted Cut the City as the administrative unit blithe Coastal Bend Manpower Consortium to execute modifications to OBTa, Tilde VI, Minutes Regular Council Meeting March 12 , 1975 Page 6 contracts with the following participating jurisdictions which provide Public Service Employment: (1) Aransas County (2) Bee County (3) Brooks County (4) Duval County (5) Jim Wells County (6) Kleberg County (7) Live Oak County (8) Nueces County (9) San Patricio County (10) City of Corpus Christi, Manpower Administration Increases New Total $11,599 $12,653 28,853 32,536 10,152 11,448 14,755 16,870 42,212 47,598 42,273 47,598 8,623 9,640 50,178 54,144 59,843 67,481 62,793 69,309 These contract modifications replace the previous letter contracts and extend from January 10, 1975 to February 9, 1976. r. That A. Earl Cullum, Jr., Consulting Engineers, Dallas, Texas, be hired to evaluate the local cablevision system to determine the quality of signal transmission, including the ghosting problem (and to review the dependability of the CATV service). The consultants' fee will be $300 per day plus travel expenses and it is estimated the evaluation will take two days. s. That a contract be awarded for the construction of the auditorium to the low bidder, Lanphier Construction Company in the amount of $5,180,100 and $5,590,000 be appropriated including the architect's cost and other related items, and that the Director of Finance be instructed to invest the bond fund cash and retain the interest earnings in the Bond Construction Fund until the project is completed. City Manager Townsend discussed Item "n" with regard to the proposal that Fire Captains with certain physical conditions be utilized in lieu of Fire Alarm Operators. He stated he had made this proposal as a possible answer to a situation involving two or three Fire Captains who have heart problems, and since they desire to continue working until they reach a point where their retirement compensation would be adequate. He pointed out that it is a very complex process to forceably retire an employee since he more than likely would be reinstated by the Civil Service Commission appeal, and maintained that the City and the affected Captains would be better off if they were transferred to the Fire Alarm Office no Dispatchers rather than heading firefighting units; that this would be an oppor- tunity for the department and the City to benefit from the trained experience of n pprnon and at the enure tine protect him from firefighting duties. Mr. Robert H. Sikele, 2745 Deer Street, opposed the recommendation, stating he failed to see the reasoning of paying a person for a job he does not Minutes Regular Council Meeting March 12, 1975 Page 7 perform. President of the Firefighters Association, Armando Caceres, strongly opposed the proposal, stating it would favor a few captains left over from the old "spoils system" and would lead to low morale problems and dissension among the Firefighters. He contended that the proposal would favor a special few, the choice would be left up to the Fire Chief and the City Manager, and pointed out that if he himself were to suffer a heart attack at the age of 30 years, he would be forced to retire. He stated any special favors should apply to all alike, and requested that the Council reject and not table the proposal. r`4", ---f Captain R. J. Herschbach, spoke in opposition to the proposal, concurring in the foregoing statements made by Armando Caceres and urged rejec- tion of the proposal. Chief John Carlisle spoke in favor of the recommendation stating it provides a humane method of keeping certain older captains on the payroll and away from the strenuous work of firefighting units until they are of retirement age. He pointed out that he has two captains not physically able to lead fire units who fall in this category and he strongly feels they have earned some con- sideration through their long years of service with the Department. The Council questioned the recommendation and generally agreed that it was only a partial solution to the problem; would be setting an unfair precedent, and probably cause dissension within the Department. It was suggested that perhaps the problem could be resolved by phasing these physically incapacitated captains into retirement by moving them into lower positions at a reduction in salary (see subsequent motion). Mr. Edmund P. Williams, attorney, spoke relative to Item "s" and ques- tioned the proposal to use the $100,000 originally earmarked for the development of Corpus Christi Beach for the construction of the auditorium. He pointed out the tourist and local attraction of the Beach and its recreational and economical value to the City. He stated the acquisition of land for the improvement of the park.had progressed very slowly with only 32 percent of the land in Phase I having been acquired, and during this slow process, the land values have increased and the $475,000 designated will not cover the purchase of the land. He stated the $113,000 being transferred to the auditorium is needed to complete acquisition of the land for the Park. He also commented that the improvements of Timon Boulevard Park improvements had been nide-trucked with the explaaatlun that utitlty Munn Minutes Regular Council Meeting March 12, 1975 Page 8 have to be installed first. He suggested that the City proceed with these improve- ments in view of the current inflation situation and make plans so as to install the utility lines at a later time. He emphasized that he is 100 percent in favor of the auditorium but urged the Council to find some other source for funds to award the contract. He stated the demolition of buildings on the Beach is lagging so much that at the present rate it will take 50 years to complete the project. City Manager Townsend explained that the demolition program on the Beach is current; that the City is well beyond the 32 percent stage alleged by Mr. Williams on acquisiton of land. He pointed out on a map the land which has been acquired to date and those parcels presently in condemnation, stating there are five parcels remaining for final acquisition and all land owners have had a bona fide offer. Mrs. Santos Lazo, 2805 Ida, appeared and presented petitions with signa- tures collected from citizens protesting the high utility bills. She explained that a group of persons who had picketed the City Hall in January and February of this year in protest against the high utility bills had worked in collecting the signatures and felt they had accomplished what the Council had directed them to do and asked for help in delivering the petitions to the Governor. She maintained that the Council had made a commitment to see that the petitions got to the proper officials in Austin. City Manager Townsend pointed out that if the Council designated funds for this purpose, this would mean that travelers delivering the petitions were official representatives and would be speaking for the City. There followed a lengthy discussion on whether City funds could be used for the trip and whether the Council had made a previous commitment concerning the trip. It was determined that the Council as a whole had not promised to provide funds for the trip but had urged that letters be written to State officials seeking relief from the high cost of natural gas. Mayor Luby stated he saw nothing wrong in sending the delegation to Austin with the petitions, and offered to provide the necessary means for the trip himself if the Council did not choose to do so. Commissioner Rivard(' Gonzalez acknowledged that he had previously agreed to uocou pang tho pet IIlonara In Austin and stntad Ito would get wlrh Mrs. l.azn LnwodIntely etfter Lhln aeetlug and arrange a date for the trip aid nu appointmonl with the legislative body. Minutes Regular Council Meeting March 12, 1975 Page 9 Mrs. Tony Botello criticized the Council for not properly advising Mrs. Lazo regarding the petitions beforehand and how they would be delivered to the Governor. Mr. T. Frank Smith, representative of the Corpus Christi Tourist Bureau, commended the Council and staff on their deligence to construct the auditorium, and wanted to let it be known that the Tourist Bureau is behind the staff recom- mendation to award the contract today. He stated that the auditorium will benefit all, provide more jobs, and is vital to the future of Corpus Christi. Motion by Acuff, seconded by Branch and passed, with Luby voting "Nay" on Items "n", "s" and "r" that the foregoing City Manager's requests and recom- mendations be accepted, and the requests and recommendations be granted, approved and adopted as presented with the exception of Item "r" which failed by unanimous negative vote of the Council. Mayor Luby stated he felt the expenditure of $1,000,000 of funds without approval of the voters is wrong, and the cost of the auditorium should be cut back to the amount of money available for that purpose. He explained that he is very much in favor of the auditorium but pointed out that he still felt it was presented to the voters without the land; that he sees no reason to rush the process of award- ing the contract, the moratorium notwithstanding, and does not approve the staff's financing proposal. Mayor Pro Tem Acuff called for the opening of bids scheduled for 4:00 p.m. Director of Engineering and Physical Development opened and read bids for the Flynn -Shea Parkway Improvements. He explained the improvements include con- struction of a low water concrete lined channel, sloping of the embankment to a 4 to 1 slope, installation of a sprinkler system, seeding of the slopes, construc- tion of a bicycle path the entire length, and modification of a number of pipe outfalls so that erosion can be controlled within the ditch. The project was included in the 1972 Bond Election. Bids were received from the following firms: Heldenfels Brothers; Maverick Construction Company; Coastcon Corporation; W. T. Young Cnutruction Company; and Asphalt Paving & Construction Company. The foregoing bide were tabled for 48 hours pursuant to the requirements Tor of the City Chnrter and referred In the City Manager / tabulation and recommendation, c Conn HIAORU: IPP AN 05DINANCr. AMENDING TIME COHENii CIIRTST1 CTTY CODU. lo5R. AR ANPNUAU, AND I'AS1I1'UI,AIlI,Y ANPNUINIi ;;PC'I IDN 11 155, SCHEDULE 111, "PAItKLNG 11(1)111- '1110 Al ALL '1' 1 lulu uN 1101 11 HIM! olr 111111111; In1AU RETW1:0N rnal. rnN ;MEET AND '1111'. I :ItONI:'IOWN EXPRESSWAY (N.11. !(1f.); AND PROVIDING 10)11 PtIRLlCAT1IN. Minutes Regular Council Meeting March 12, 1975 Page 10 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 and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12521, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE DEPARTMENT OF PUBLIC WELFARE, TO PROVIDE QUALITY DAY CARE FOR CHILDREN OF MOTHERS WHO ARE RECEIVING AFDC IN THE CORPUS CHRISTI AREA, INCLUDING HEALTH AND SOCIAL SERVICES, NUTRITION AND PARENT INVOLVEMENT, IN ACCORDANCE WITH THE SAID CONTRACT, SUBSTAN- TIALLY IN THE FORM ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PERTINENT PUR- POSES; 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. 12522 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE EARLY CHILDHOOD DEVELOPMENT CENTER, INC. FOR THE PURPOSE OF DEVELOPING AND CONDUCTING A PROGRAM OF EARLY CHILDHOOD DEVELOPMENT, AS MORE FULLY SET OUT IN THE CONTRACT, IN SUBSTAN- TIALLY THE FORM 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. 12523 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE TRANSFER OF WORKING CAPITAL FROM THE COUNCIL OF GOVERN- MENTS TO THE CITY OF CORPUS CHRISTI FOR OPERATION OF THE EARLY CHILDHOOD DEVELOP- MENT CENTER, INC., AS MORE FULLY SET OUT IN THE CONTRACT, IN SUBSTANTIALLY THE FORM 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. 12524 AUTHORIZING A CONTRACT WITH BAYVIEW INVESTMENT CORPORATION FOR WATER SERVICE OUTSIDE THE CITY LIMITS, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUB- STANTIALLY THE FORM 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 lho h,l l"m,ne vote, Luby, A,of r, nra,n+h, 'Prim On00a1ab, piref do n"r,eolo: and Lux.anu, present end voting "Aye"; Stark absent. ORDINANCE NO. 12525 CONFIRMING THE APPOINTMENT OF RANDY E. ROLANDO TO THE OFFICE OF CHIEF ACCOUNTANT, FINANCE DIVISION, RV THE CITY MANAGER, PURSUANT TO THE CITY CHARTER ARTICLE II1, SEC:T1(N 3; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 12, 1975 Page 11 ' 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. 12526 AMENDING ORDINANCE NO. 8825, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 3, 1968, WHICH ORDINANO WAS CAPTIONED: "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 CONGREGATION OF JEHOVAH'S WITNESSES ON LOTS 19 AND 20, BLOCK 9, BAYVIEW NO. 3, AN ADDITION TO THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, BE CHANGED FROM "R-2" TWO-FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY" SO AS TO CORRECT THE DESCRIPTION OF SAID PROPERTY TO HEREAFTER DESIGNATE SAID PROPERTY AS LOTS 19 AND 20, BLOCK 9, BAYVIEW NO. 2; 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, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12527 AUTHORIZING THE CITY, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO EXECUTE A CONTRACT MODIFYING A TITLE I CONTRACT BETWEEN THE CITY AND THE COASTAL BEND WORK EXPERIENCE PROGRAM FOR A FUNDING INCREASE OF $141,668, TO BE DISTRIBUTED AMONG THE FOLLOWING: (a) BASIC COASTAL BEND WORK EXPERIENCE PROGRAM; (b) COASTAL BEND SENIOR AIDES PROGRAM; AND (c) GOVERNOR'S OFFICE OF MIGRANT AFFAIRS PROGRAM, AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTAN- TIALLY THE FORM 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. 12528 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE COUNCIL FOR SECOND YEAR FUNDING OF THE CRIME PREVENTION UNIT, AND TO AUTHORIZE EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE THE PROGRAM, IF AND WHEN THE GRANT IS APPROVED; 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. nnITNAN(It No, 12520 A11TI WR I %INC '1'111? CITY MANAWU( TO 1 :1111SM1'I' '1'u THE NIa'ARTMi1NT ,l' LAtIlla A lilAIl ( ,1 11' 1 CATION FUN '1'111! CITY OF (011('il;: CURTSTI. AS TIIE ADMINISTRA'I'IV(t UNIT FOR Ti1F COARTAI, BEND MANPOWER CONSORTIUM, FOR A CETA TITLE VI PROGRAM, REQUESTING AN INCREASE 7U THE CURRENT FUNDING LEVEL FROM $693,091 TO $770,573, AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 12, 1975 Page 12 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. 12530 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS, MODIFYING CETA TITLE VI LETTER CONTRACTS, WITH THE FOLLOWING PARTICIPATING JURISDICTIONS, INCREASING THEIR LEVEL OF FUNDS AND EXTENDING THE CONTRACT PERIOD FROM JANUARY 10, 1975 TO FEBRUARY 9, 1976: ARANSAS COUNTY; BEE COUNTY; BROOKS COUNTY; DUVAL COUNTY; JIM WELLS COUNTY; KLEBERG COUNTY; LIVE OAK COUNTY; NUECES COUNTY; SAN PATRICIO COUNTY; CITY OF CORPUS CHRISTI, MANPOWER ADMINISTRATION, ALL AS MORE FULLY OUTLINED AND SET FORTH IN THE PROPOSALS, A COPY OF EACH OF THE SAID CONTRACTS BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY AND MADE A PART HEREOF BY REFERENCE; 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. 12531 AMENDING ORDINANCE NO. 12151, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 3, 1974, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: SOUTH STAPLES, FROM PADRE ISLAND DRIVE TO SARATOGA BOULEVARD, AS HEREINAFTER PROVIDED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF SAID ORDINANCE NO. 12151; PROVIDING FOR SEVERANCE; 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. 12532 CLOSING AND ABANDONING A 7-1/2 FOOT UTILITY EASEMENT ADJACENT TO THE SOUTHWEST BOUNDARY OF LOTS 2-6, BLOCK 1, INDUSTRIAL HEIGHTS SUBDIVISION, SITUATED IN THE (ITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO VACATION OF THE PLAT FOR THESE LOTS; PROVIDING FOR SEVERABILITY; 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. 12533 AUTHORIZING ACCEPTANCE OF THE PROPOSAL OF A. EARL CULLUM, JR., CONSULTING ENGINEERS, OF DALLAS, TEXAS TO EVALUTE THE LOCAL CABLEVISION SYSTEM TO DETERMINE QUALITY OF SIGNAL TRANSMISSION, INCLUDING THE GHOSTING PROBLEM, AND TO REVIEW THE DEPENDABILITY OF THE CATV SERVICE, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY THE FORM ATTACHED HERETO. MARKED EXHIBIT "A", ANP MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the 1"11owing vote: Acuff, Branch. Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye": lathy. preaenl and voting "Nay"; Stark absent. Minutes Regular Council Meeting March 12, 1975 Page 13 RESOLUTION NO. 12534 RESOLUTION ENDORSING THE CITY OF CORPUS CHRITI'S 1975 ANNUAL PROGRAM OF PROJECTS FOR SECTION 5 FUNDS AS PROVIDED BY THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED, AND AS PARTICULARLY AMENDED BY THE NATIONAL TRANSPORTATION ASSISTANCE ACT OF 1974; 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. RESOLUTION NO. 12535 RESOLUTION ENDORSING THE CITY OF CORPUS CHRISTI'S APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A CAPITAL GRANT AS PROVIDED BY SECTION 3 OF THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; 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. FIRST READING OF AN ORDINANCE AMENDING THE CITY BUDGET; CANCELLING THE APPROPRIA- TION OF $673,513.14 IN THE NOS. 121, 122 AND 123 GENERAL REVENUE SHARING FUNDS ACCORDING TO THE SCHEDULE ATTACHED HERETO AND MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING A TOTAL OF $5,590,000, OF WHICH $39,255.66 IS OUT OF THE NO. 121 GENERAL REVENUE SHARING FUND; $394,020.96 IS OUT OF THE NO. 122 GENERAL REVENUE SHARING FUND; $243,156.59 IS OUT OF THE N0. 123 GENERAL REVENUE SHARING FUND, INCLUDING $240,236.52 IN CANCELLED APPROPRIATIONS AS INDICATED ABOVE, AND $2,920.07 IN UNAPPROPRIATED FUND BALANCES, $1,588.95 IN UNAPPROPRIATED FUND BALANCES OUT OF THE NO. 124 GENERAL REVENUE SHARING FUND, ALL OF SAID APPROPRIATIONS FROM THE VARIOUS REVENUE SHARING FUNDS TO BE TRANSFERRED TO THE N0. 208 AUDITORIUM BOND FUND, AND $4,911,977.84 IS OUT OF THE NO. 208 AUDITORIUM BOND FUND, WHICH AMOUNT INCLUDES $332,522.08 OF ANTICIPATED INTEREST EARNINGS DURING THE CONSTRUCTION PERIOD, ALL APPLICABLE TO PROJECT NO. 208-72-2; OF SAID TOTAL APPROPRIATION $5,180,100 IS FOR THE CONSTRUCTION CONTRACT; $217,000 IS FOR ALLOW- ANCES FOR CARPET, STAGE RIGGING, LIGHTING AND RELATED ITEMS; $125,000 IS FOR ADDI- TIONAL ARCHITECT'S FEES; AND $67,900 IS FOR INCIDENTAL AND RELATED EXPENSES; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LANPHIER CONSTRUCTION (-)MPANY FOR THE CONSTRUCTION OF THE COMMUNITY AUDITORIUM. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Tom Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby, present and voting "Nay"; Stark absent. City Secretary Read stated that according to his tabulation, all ordi- nances voted upon had passed with votes as noted. Mr. John Miller, owner of property in Flour Bluff, appeared and re -stated his request that the City pay him $40,000 for his property and buildings located at 112 Aacluu Street, and referred to his letters of March 3 and February 22, in which In .splained to detail ivasn"a to support his claim. He emphasized that he did not maintain or rent the property in question after the City announced early last year that it would be taken as part of the Naval Air Station crash zone. Minutes Regular Council Meeting March 12, 1975 Page 14 He stated the City did not appraise the property until some time later after the buildings had been vandalized, that he had no use for the furniture and did not maintain the buildings because he was told they would be demolished and their condition would not be important. He estimated that the property and his business had been damaged approximately $35,000, that he had been advised by his attorney that there are no title problems, and some time prior to the City's offer, he had a firm offer on the open market for more than the City offered. City Manager Townsend pointed out that the City Council would be in a very difficult position to attempt to make appraisals for acquisition values at the Council Table, and the only approach to resolve the matter is to proceed with condemnation, have three commissioners determine the value of the property, and the only feasible action at this time would be to authorize condemnation. It was generally agreed by the Council that the responsibility for the vandalism, the value of the property, and the title problems, cannot be resolved at the Council Table, and the $19,900 offer made by the City is all that can be made at this time. Mr. Richard B. Cook, 1709 North Water, protested the offer the City has made for acquisition of his property located in the Bayfront Science Park area. He explained that he had purchased this property in 1965 for his retirement home and had completed a structure and furnishing one lot when he learned that the property would be acquired by the City. He stated it would cost $80,000 to replace this building not including the land. He requested that he be relocated under the same conditions, or compensated for lack of those conditions. City Manager Townsend explained that there has been no threat of condem- nation, the City has no objections to a second appraisal, but a second appraisal would take some two or three months. He explained that the property does not have to be acquired until after the Court's ruling regarding the land. Mr. Cook stated he had been told that his property would be acquired and he would have no recourse but to accept whatever he was offered. He complained that he should be secure in the possession of his home. There being no further business to come before the Council, motion by Branch that the meeting be adjourned at 5:15 p.m., March 12, 1975.