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HomeMy WebLinkAboutMinutes City Council - 03/19/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 19, 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 Reverend A. D. Norris, Pastor of Tuloso- Midway Baptist Church. City Secretary Bill G. Read called the roll of those in attendance. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the absence of Commissioner Stark be excused for just cause. Motion by Branch, seconded by Lozano and passed, that the Minutes of the Regular Council Meeting of February 26, 1975, 2:00 p.m., and of the Special Council Meeting February 26, 1975, 3:30 p.m., be approvdd as submitted to the Council. Mayor Luby proclaimed March 17 through March 23, 1975 as NATIONAL COACHES WEEK in the City of Corpus Christi. Mayor Luby presented Retirement Plaques to the following City employees: Mr. Alvin Haak, Radio Technician, Maintenance Services - 19 years service; Mr. William Elliott, Garage Serviceman I, Maintenance Services - 25 years sdrvice; Mr. J. C. Blackwell, Senior Street Foreman, Street Division - 21 years service; Mr. William A. Gates, Equipment Operator IV, Street Division - 21 years service; Mr. W. A. Roberts, Appraiser III, Engineering Department - 18 yearsleervice; and Mr. George Summers, Public Health Investigator II - 20 years service. City Manager Townsend presented the recessed public hearing which was originally scheduled for March 5, 1975 and tabled for two weeks pending disposi- tion of a temporary restraining order against closing the streets. He described the area as Hirsch Street from Water Street to East Shoreline, and East and West Shoreline Boulevard from Brewster to Hirsch. He explained that the City is the only title holder of property abutting the streets, that the restraining order against the closing of the streets had been withdrawn, and it is the recommendation of the staff that the streets be closed. No one appeared in opposition to the foregoing proposal. Minutes Regular Council Meeting March 19, 1975 Page 2 Motion by Lozano, seconded by Acuff and passed, that the hearing be closed. Motion by Acuff, seconded by Lozano and passed, that the recommendation of the staff be concurred in and all that portion of Hirsch (Carrol) Street lying east of the east right-of-way line of North Water Street, and that portion of North Shoreline Boulevard East Drive and of North Shoreline Boulevard West Drive from the north right-of-way line of Brewster Street to the south right-of-way line of Hirsch (Carrol) Street be closed, subject to retention of a drainage and utility easement in Hirsch Street, and an ordinance be brought forward effectuat- ing the closing. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related explanations and comments, as follows: a. That a contract award be made to Claude Wright & Associates, Houston, Texas for flame-retardant firefighting clothing on the basis of low bid meeting specifications of $6,133.86. The apparent low bid submitted by Sweeco, Inc. of Corpus Christi did not meet specifications because flannel liner sewn to neoprene was bid instead of nomex batt -lining sewn to neoprene. The latter has better insulating and laundering characteristics and is lighter weight and more durable. (Bid Tab #24-75) b. That the bids received on 8 arch gates for the outlet works at Wesley Seale Dam be rejected and bids be received again at 11:00 a.m., Tuesday, April 22, 1975. The lowest bid received of $33,412.10 was substantially more than the estimate and is also substantially in excess of the funds available. Two suppliers which did not bid, one because his workload in estimating the new auditorium made it impossible and one because his fabricating facilities were just being set up, have indicated they will bid if the gates'are rebid. Rebidding will allow for more competitive bidding and shorter delivery. (Bid Tab #25-75) c. That the contract award on a sludge injection disposal system and pump to begin an experimental program to dispose of digested sludge on 9 acres of land at the Westside Treatment Plant, be made as follows: MAPHIS/BRISCOE CO Digested Sludge SOUTHERN ENGINE & Trailer Mounted Injection Pump ., Boulder, Colorado - Disposal System $49,959.00 PUMP CO., Corpus Christi Diesel Driven Sludge 10,099.00 Grand Total $60,058.00 Minutes Regular Council Meeting March 19, 1975 Page 3 The apparent low bid on the pump of $9,994 submitted by Bowles & Eden Company is subject to price escalation and delivery is 114 days compared to 15 days on the recommended bid. Bids were received from 3 firms. (Bid Tab #26-75) d. That insurance coverage be purchased from the following firms for the lowest quoted premium: (1) Continental Insurance Co. - Auto Liability insurance for the year 3/31/75-76, limits $100,000/300,000/50,000, estimated annual premium $90,607. General Liability insurance for the year 3/31/75-76 limits $100,000/ 300,000/50,000 estimated annual premium $115,884. Four quotations were received. Continental and Great American Insurance Co. had idential quotations. Since Continental is the present carrier and provides good service, renewal with Continental is recommended. (2) Alliance Insurance Co. - First Excess Gas Liability coverage of $500,000 for year 3/31/75-76, annual premium $ 4,050.15 Signal Insurance Co. - Second Excess Gas Liability coverage of $5,000,000 for the year 3/31/75-76, annual premium 16,408.30 $20,458.45 Two quotations were received on the First Excess coverage; one quotation on the Second Excess coverage. Three companies declined to submit quotations. (3) The Fidelity and Casualty Company of New York - Airport general liability coverage, primary limit of $300,000 for year 3/31/75-76, annual premium $3,160. Quotations were received from three companies. The Insurance Advisory Committee so recommends. The premium for general liability insurance is a decrease of 6.21% from the premium presently being paid. (Bid Tab #27-75) e. That acquisition of Parcel No. 46, Block 81, Bayfront Science Park, undivided 1/2 interest from Mr. Richard N. Conolly, et al for $21,000.00 be approved. This parcel is located at 1710 N. Water between Hughes and Brewster Streets. No additional appropriation is required. Although the acquisition price is $8,750 over approved value the per square foot price compares favorably with the prices paid for other property in Block 81. f. That $86,357.50 be appropriated for acquisition of Parcels No. 105, 106 and 297, Corpus Christi Beach Parksite from Lorraine Daly Jolliffe, including Award of Special Commissioners ($85,875), Commissioners' fees, appraiser's fees and court costs. The approved value was only $52,600 so it is further recommended that the City put up the Commissioner's Award so possession can be taken of the property and the award be appealed. The parcels are located on Gulfbreeze between Gulden and Sandbar and Sandbar and Woodrow Streets. Minutes Regular Council Meeting March 19, 1975 Page 4 g. That authority be granted to sign an application agreement, and all related documents to the State Department of Public Welfare for the use of USDA commodities under the Title VII Nutrition Program in conjunction with the City's Senior Community Services Program. Effective date of the program to be upon approval by the State Department of Public Welfare commodities distribution office. No City funds are required. h. That a contract be authorized with the State Highway Department, for planning work, financed by Section 112 of the Federal -Aid Highway Act of 1973, for $40,873. The City was designated the Metropolitan Planning Organization for the Corpus Christi Urbanized Area by the Governor on May 22, 1974 and is responsible for the multi -model urban transportation planning process. i. That Ordinance No. 12453 approved January 29, 1975 providing for the submission of the Community Development application to the Department of Housing and Urban Development be amended by increasing the amount of the application from $1,637,000 to $1,703,000. HUD recently notified the City that the amount it would receive was being increased. The increased funds will be used for street improve- ments in the Molina area. j. That a contract be authorized with the IBM Coporation for the install- ment purchase of an additional line adaptor for the Integrated Communications Adapter of the IBM 370 Computer. The cost will be $4,935.63 including interest with a down payment of $217.50 and the balance to be paid over a five year period as rent. The first year funding for the adapter allows for the installation of upgraded equipment in the Police Central Records division, replacing the currently installed IBM 407 and related equipment at no additional cost. k. That a contract be authorized with Wilbur Smith & Associates, Consulting Engineers, to review and update the City's transit planning for the next five years. The cost of the study for the consultants' part will not exceed $40,000 plus the City's contributions not to exceed $10,000 consisting of in-kind services and bond funds if necessary. The estimated time for the study is 9 months. The estimated $40,000 consultants fee will be paid for by a grant from the Urban Mass Transportation Administration. The contract with Wilbur Smith and Associates must be approved by the regional and national offices of the Urban Mass Transpor- tation Administration which will take approximately two months. 1. That authority be granted for the City as the administrative unit of the Coastal Bend Mnnpnw'r Consortium to submit a grant modification to the Minutes Regular Council Meeting March 19, 1975 Page 5 Department of Labor for the following: (1) CETA Title I program - increasing funding from the current level of $2,658,534 to a new level of $3,407,954.88, for an increase of $749,420.88. This increase comes from the following sources: 1) Incentive funds $294,958 2) Additional Title I funds $350,385 3) Surplus CETA 1974 Summer monies $58,077.88 4) Unexpended NABS monies $46,000 $389,743.88 of the $749,420.88 will be reallocated as follows: 1) $141,668 City of Corpus Christi Work Experience Program 2) $64,998 San Patricio Community Action Agency 3) $183,077.88 C.C. Independent School District Summer Youth Program The balance of $359,677 is for the Texas Employment Commission for skilled training at Del Mar and Bee County Colleges. (2) Modification of the Jobs for Progress Inc., SER subcontract providing for utilization of project unexpended funds providing for 28 additional enrollees. (3) CETA Title III 1974 Summer Program, to decrease funding by $58,077.88 from $1,089,116 to a new level of $1,031,038.12. This modification was approved by the Executive Board recognizing that' the Title III Summer Program for 1974 is now completed. The money is being reallocated to the C.C. Independent School District for 1975 summer youth employment. m. That authority be granted for the City as the administrative unit for the Coastal Bend Manpower Consortium to execute a modification of CETA Section 112, non-financial agreement, to increase the current level of funding from $129,960 to $162,386. The agreement between the Coastal Bend Manpower Consortium and the Texas Education Agency provides for supplemental vocational education conducted by Del Mar and Bee County Colleges. Funds are provided directly to the Texas Education Agency and not through the Consortium. The additional funds will be utilized in training an additional 48 participants. n. To award the lease of 0.462 acres of land along the John F. Kennedy Causeway (Intracoastal Cafe tract) to Mr. James 0. Ruscitto. Three proposals were received. Mr. Ruscitto's proposal includes the construction of a new building for a restaurant and operation of the existing building for a bait and fish stand. o. That a revocable easement be granted permitting Candy Stick Corpora- tion, developers of Carolyn Heights Subdivision, to construct a sign identifying the subdivision in the median of Caravelle Parkway at Weber Road. Maintenance of the sign will be solely the responsibility of the developer. The sign will be composed of brick columna with a rough cedar sign board measuring 2' x 8' with Minutes Regular Council Meeting March 19, 1975 Page 6 cast aluminum letters. Relative to Item "n" for awarding a lease of 0.462 acres of land along the John F. Kennedy Causeway, Mr. James 0. Ruscitto stated he had negotiated with the present owner of the building, Mr. Howard P. Slentz, and with the SBA, and rliaa come to an agreement as to what is to be accomplished. He stated he is anxious to get the lease and open the proposed restaurant. Mrs. Slentz confirmed the state- ment of Mr. Ruscitto and stated they are primarily interested in dispoing of this building and a satisfactory agreement had been worked out. Mr. Bob Bonner of San Antonio, one of the bidders for the lease, stated he had made arrangements with the SBA to pay off the loan of some $8,000 on the structure and equipment. He asked the Council to take into consideration that he proposes to operate a first class restaurant with no fishing equipment, groceries, fuel, or baitstand. He explained that there were several other facilities of this nature to serve the demand, and felt the restaurant was most needed. He asked the Council to reconsider the staff's recommendation. City Manager Townsend explained that the staff's recommendation was based primarily on the restaurant since there were 11 or 12 tenants in that area that provide other services, and as the proposals were reviewed, it was felt the Ruscitto bid was the most advantageous to the City. Motion by Acuff, seconded by Branch and passed, with Luby abstaining on Item "n" and voting "Nay" on Item "o", that the City Manager's Reports, Items "a" through "o" be accepted and the requests and recommendations be granted, adopted, and approved as presented. Mayor Luby recognized Mrs. Vera Bruce, Chairman of the Gold Star Mothers Club, who reported to the Council that her group had collected money to pay for a memorial plaque for local residents who died in the Korean and Vietnam conflicts, and asked the City Council to consider a proposal to erect the monument in Sherrill Park with names of the local war victims. City Manager Townsend advised Mrs. Bruce that the staff and the Council lire very much In room of skin cone apt "f n monument tot local we vlctltan, but felt a more appropriate location could be worked out with possible modification of .ha "Ira or the plawie. I. alaled he would atiange a meeting with reptesentattvea of the Cold Star Mothers Club and the staff to work our possibilities. City Manager Townsend presented the tabled matter relative to the closing of Harrison Street. He explained that a public hearing was held on the request Minutes Regular Council Meeting March 19, 1975 Page 7 on January 15, 1975, the hearing closed but the matter tabled until a more accurate map of the area could be drawn particularly showing how the carport, frame house and frame duplex are situated on Mrs. Irene Roe's property on Lawnview. He stated such a map has been prepared which he presented to the Council, and that it is recommended that the street be closed subject to the retention of the necessary utility easement. He explained that if the street is closed, Mrs. Ross, the adjacent property owner, has agreed to grant Mrs. Roe a pedestrian access easement approximately 10' x 38' in order to allow Mrs. Roe's tenants access to the porch which presently encroaches upon the right-of-way; the easement will become null and void upon either Mrs. Roe's death or removal of the frame duplex, whichever occurs sooner; and it is further recommended that the ordinance closing the street not be passed until Mrs. Ross executes a document conveying such an easement. He explained that this has been a difficult problem for many years and has not been properly handled. He stated it is recommended that the staff be authorized to initiate the process of selling the property which will be presented to the Council as a separate action. Mrs. Irene Roe, 2826 Lawnview, stated there are still some unanswered questions. She referred to her attorney's letter dated August 18, 1958 in which he stated "any limitation or lessening of her right to use this property would seriously diminish the value of her property for which she would expect recompense." She stated her need not to have any change in income value of the rental or sale of her income property applies today just as it did in 1958. She explained that she rents to ladies and it would not be desirable for them to have to walk so far from where they park their cars; it would also destroy her shade trees, and the location of the step would be at the discretion of the new owner. Motion by Lozano, seconded by Tom Gonzales and passed, that the recom- mendation of the staff be concurred in and the 125 foot dead-end portion of Harrison Street abutting Lot 63, Block 608, Port Aransas Cliffs Addition, located at 2862 Austin Street be closed subject to the retention of a 10 foot utility easement at the rear of Lots 1 and 2, Block 7, Resthaven Subdivision and subject to the aforementioned pedestrian easement to be granted by Mrs. Ross. City Manager Townsend discussed ordinances which he presented for the Council's consideration. Motion by Acuff, seconded by Branch and passed, that the proposed ordinance adopting the National Electrical Code be presented for consideration at Minutes Regular Council Meeting March 19, 1975 Page 8 this time. . Motion by Acuff, seconded by Branch and passed, that the proposed ordinance adopting the National Electrical Code, be amended before its first read- ing as follows: Section 7-9: COMMERCIAL BUILDINGS: (1) All commercial buildings shall be wired in raceways, except as provided in Subdivision (2) of this section. (2) The requirements of Subdivision (1) shall not be applicable with regard to pre-existing wiring in buildings which were originally constructed and used as single-family, single -story, residen- tial -use buildings, and which are thereafter converted to commercial usage if, at• the time such building is converted to commercial usage, such pre-existing electrical wiring, fixtures and apparatus in such building conforms to all other applicable provisions of this Code, in- cluding the requirements that the electrical wiring system shall be effectively grounded by including or providing a grounding conductor in such wiring system to which the receptacles, cord connectors, lighting fixtures, wall switches and other electrical apparatus shall be securely con- nected. To obtain the benefit of the exemption granted by this subdivision, the owner or occupant of such building must obtain an inspection and certificate as required by Subdivision (4). Minutes Regular Council Meeting March 19, 1975 Page 9 (3) Any installation of new electrical wiring, fix- tures or apparatus installed in any building which is the subject of the exception stated in Subdivision (2) of this section, or any re -wiring of such building, shall be wired in raceways (in- cluding flexible metal conduit which may be used in otherwise inaccessible areas) as required by Subdivision (1) of this section. (4) The exception stated in Subdivision (2) hereof shall be strictly construed. In order to obtain the benefits thereof, prior to the time that any building is converted to commercial use as specified in Subdivision (2), an electrical inspection of the electrical wiring, fixtures and apparatus in such building shall be made by the Electrical Inspection Department for the purpose of determining whether such building conforms to all other applicable provisions of this Code at the time such building is converted to commercial use. If the Electrical Inspection. Department determines that such building does not conform to all other applicable provisions of this Code, then the provisions of Subdivision (2) shall not be applicable. Mr. Lynn Tate, business manager of the local Electrical Workers Union, expressed satisfaction that the proposed ordinance in its amended form is a reasonable compromise settlement to the problem regarding electrical wiring. Mr. Sam Main, stated he had purchased a building containing 850 square feet located in a "B-5" zone to be used as an office, and was told he would have to completely rewire the building. It was explained that he would be required to rewire with conduits if and when new circuits are installed, providing present electrical system was up to code. Minutes Regular Council Meeting March 19, 1975 Page 10 FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH JAMES 0. RUSCITTO CONCERNING LEASE OF TRACT 5 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE NORTHEAST SIDE OF THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A RESTAURANT, BOAT DOCK WITH BOAT SLIPS, FUEL SERVICE AREA, AND BAIT AND FISH STAND, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby, present and voting "Nay"; Stark absent. FIRST READING OF AN ORDINANCE ADOPTING THE NATIONAL ELECTRICAL CODE, 1975 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULA- TIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 10832, 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, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. SECOND 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 NO. 123 GENERAL REVENUE SHARING FUND, INCLUDING $240,236.52 IN CANCELLED APPROPRIATIONS AS INDI- CATED ABOVE, AND $2,920.07 IN BNAPPROPRIATED FUND BALANCES, $1,588.95 IN UNAPPRO- PRIATED FUND BALANCES OUT OF THE NO. 124 GENERAL REVENUE SHARING FUND, ALL OF SAID APPROPRIATIONS FROM THE VARIOUS REVENUE SHARING FUNDS TO BE TRANSFEREE TO THE NO. 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 APPRO- PRIATION $5,180,100 IS FOR THE CONSTRUCTION CONTRACT; $217,000 IS FOR ALLOWANCES FC: CARPET, STAGE RIGGING, LIGHTING AND RELATED ITEMS; $125,000 IS FOR ADDITIONAL ARCHITECT'S FEES; AND $67,900 IS FOR INCIDENTAL AND RELATED EXPENSES; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH LANPHIER CONSTRUCTION COMPANY FOR THE CONSTRUCTION OF THE COMMUNITY AUDITORIUM. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby, present and voting "Nay"; Stark absent. ORDINANCE NO. 12536 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958 AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHI- BITED AT ALL TIMER ON BOTH RIDES nR IIONNE EMAP BE'T'WEEN GARLTON STREET ANP TUE Gloatal'OWN EXPRESSWAY (::.II. /lib); AND PROVIDING I))H PUBLICATION. The Ioregulng "rdluaum wns read for the third time and passed finally by the following vote: Luby, Acuff, Ilrnnrh, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. Minutes Regular Council Meeting March 19, 1975 Page 11 ORDINANCE NO. 12537 AUTHORIZING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO ENTER INTO A CONTRACT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY DEPARTMENT, FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, WITH THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS 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, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12538 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILBUR SMITH & ASSOCIATES, CONSULTING ENGINEERS, SUBJECT TO THE APPROVAL BY THE URBAN MASS TRANSPORTATION ADMINISTRATION, TO REVIEW AND UPDATE THE CITY'S TRANSIT PLANNING FOR THE NEXT FIVE YEARS; A COPY OF SAID CONTRACT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12539 AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION -AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF PUBLIC WELFARE, AND ALL NECESSARY RELATED DOCUMENTS, FOR THE USE OF USDA COMMODITIES UNDER THE TITLE VII NUTRITION PROGRAM IN CONJUNCTION WITH THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM, A COPY OF WHICH APPLICATION -AGREE- MENT, IN SUBSTANTIALLY THE SAME FORM, IS 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, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and L zano, present and voting "Aye"; Stark absent. x ORDINANCE NO. 12540 AUTHORIZING THE CITY MANAGER TO EXECUTE AN INSTALLMENT PAYMENT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND IBM CORPORATION FOR THE INSTALLMENT PURCHASE OF A LINE ADAPTER FOR THE INTEGRATED COMMUNICATIONS SYSTEM FOR THE POLICE DEPARTMENT ON THE IBM 370 COMPUTER, AT A TOTAL COST OF $4,935.63, INCLUDING INTEREST, WITH A DOWN PAYMENT OF $217.50 AND THE BALANCE TO BE PAID OVER A FIVE-YEAR PERIOD, AS SET FORTH IN SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. r The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12541 AMENDING ORDINANCE N0. 12453, PASSED AND APPROVED ON JANUARY29, 1975, WHICH ORDI- NANCE AUTHORIZED THE SUBMISSION OF AN APPLICATION WITH REGARD TO COMMUNITY DEVELOP- MENT, TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SO AS TO INCREASE THE APPLICATION FROM $1,637,000 TO $1,703,000; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 19, 1975 Page 12 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12542 APPROPRIATING $86,357.50 OUT OF NO. 291 PARK BOND FUND FOR ACQUISITION OF PARCELS 105, 106 AND 297, CORPUS CHRISTI BEACH PARKSITES, BEING A MATTER IN CONDEMNATION STYLED CITY V. JOLLIFFE, ET VIR, SAID SUM TO INCLUDE AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, APPRAISER'S FEES AND COURT COSTS, APPLICABLE TO PROJECT NO. 291-72-12; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12543 AUTHORIZING THE CITY MANAGER, FOR AN ON BEHALF OF THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT FOR THE COASTAL BEND MANPOWER CONSORTIUM, TO SUBMIT GRANT MODIFICATION PROPOSALS TO THE DEPARTMENT OF LABOR FOR THE CETA TITLE I PROGRAM, REQUESTING AN INCREASE IN FUNDING LEVEL FROM THE CURRENT $2,658,534 TO A NEW LEVEL OF $3,407,954.88, BEING AN INCREASE OF $749,420.88; DECREASING THE FUNDING LEVEL OF THE CETA TITLE III 1974 SUMMER PROGRAM BY $58,077.88, PROVIDING UTILIZATION OF UNEXPENDED FUNDS IN THE JOBS FOR PROGRESS, INC., SER CONTRACT BY PROVIDING FOR AN ADDITIONAL 28 ENROLLERS; ALL AS IS MORE FULLY SET FORTH IN SAID GRANT MODIFICATION PROPOSALS, COPIES OF WHICH, IN SUBSTANTIALLY THE SAME FORM, ARE ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS AND CONTRACTS GENERATED IN THE IMPLEMENTATION AND ADMINISTRATION OF THE MODIFICATIONS OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMLJT, GRANTING CANDY STICK CORPORATION, DEVELOPERS OF CAROLYN HEIGHTS SUB- DIVISION, PERMISSION TO CONSTRUCT A SIGN, IDENTIFYING THE SUBDIVISION WITHIN THE PUBLIC RIGHT-OF-WAY OF CARAVELLE PARKWAY, AT ITS INTERSECTION WITH WEBER ROAD, A COPY OF WHICH REVOCABLE EASEMENT, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby present and voting "Nay"; Stark absent. RESOLUTION NO. 12545 RESOLUTION RECOGNIZING TIIR FAITHFUL AND MERITORTUS SERVICE RENDERED TO THE CUMMUN LTY RY WILLIAM 11 . :;II I RRMAN WHO 111 RETIRING AN D I REC'I UII OF 'fill; LEI;AI, AIN SOCIETY OF NUI?CES COUNTY, TEXAS; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. Minutes Regular Council Meeting March 19, 1975 Page 13 ORDINANCE N0. 12546 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 CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 5 & 6, CROCKETT HEIGHTS ANNEX B, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS 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. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. City Secretary Read stated that according to his tally, all ordinances voted upon had passed, with the Council voting as noted. City Manager Townsend presented an ordinance authorizing the City Manager to execute, on behalf of the City as the Administrative Unit, for the Coastal Bend Manpower Consortium, a Section 112, CETA, contract modification with the Texas Education Agency. Consideration of this ordinance was deferred earlier in this meeting because of an issue regarding the short notice of the need of the modifica- tion. He explained that because of the short notice, the matter was brought to the Council before going to the Manpower Executive Board. Mayor Luby stated he had not been properly informed on program matters pertaining to the Manpower program, and since he is chairman of the Manpower Executive Committee, he should have been notified of the modification prior to today's meeting. He directed the City Manager tc informthe Manpower Coordinator that "he is the Mayor" commenting that it is embarassing for him to come before the Council uninformed. Manpower Coordinator Mr. Juan Bosquez, explained that the Texas Education Agency matter had to be taken care of quickly because the staff had received short notice; that the original letter of notification had gone to the Mayor's office and the staff had received a copy later; that the original deadline for the contract modification was March 15, but the staff had obtained an extension of an extra week. He explained that he had polled the Executive Board on the 13th of March and had .r110t11ol aper"vol nr the rwucart change. Ito named Lha needierd wblrh Were 11..I1.4 Comminalonel Meru da Gonzalez pointed ouL that Mayor Luby was nut of the Lily n" the 13th of March in Monterrey as part of the Amigos de Mexico trip which accounted for his not receiving notice. Motion by Branch, seconded by Ricardo Gonzalez and passed, that the Minutes Regular Council Meeting March 19, 1975 Page 14 Council be polled on the proposed ordinance regarding a contract modification with the Texas Education Agency. ORDINANCE NO. 12544 AUTHORIZING THE CITY MANAGER TO EXECUTE, FOR AN ON BEHALF OF THE CITY AS THE ADMINISTRATIVE UNIT FOR THE COASTAL BEND MANPOWER CONSORTIUM, A SECTION 112, CETA, CONTRACT MODIFICATION WITH THE TEXAS EDUCATION AGENCY, AND TO EXECUTE ALL RELATED NECESSARY DOCUMENTS, INCREASING FUNDING FOR A SUPPLEMENTAL VOCATIONAL EDUCATION PROGRAM OPERATED THROUGH DEL MAR COLLEGE AND BEE COUNTY COLLEGE, A COPY OF SAID MODIFICATION, IN SUBSTANTIALLY THE SAME FORM, BEING 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, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. City Manager Townsend noted that a Board meeting was scheduled on March 20 with the TEA matter being the only major agenda item and there appeared no real need to hold the scheduled meeting since the majority of the board had already been polled and approval of the change obtained. Motion by Branch, seconded by Acuff and passed, that Mr. Bosquez be instructed to notify members of the Executive Board that the meeting of March 20 will not be held if there were no objections from the Executive Board. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Blanch De Los Santos, 201 Norton, made a report to the Council on the results of the trip which she and a group of approximately 45 persons had made .the trip to Austin on a bus furnished by the Steelworkers Union. The trip was for the purpose of presenting a protest to the State Legislators of the high utility rates. She reported that the legislators had listened but had advised the group they should have been represented by the City Council and the Mayor. The Council discussed Mrs. De Los Santos' comments regarding the need for local governmental support against high utility rates. The question arose as to why the trip which had been scheduled for Mrs. Santos Lazo was cancelled. Commissioner Ricardo Gonzalez had agreed to accompany Mrs. Lazo's group and he explained that the sudden cancellation came after some apparent misunderstanding regarding the type of bus to be used and who would accompany the group. He explained that he did not feel that public funds should be used to charter a special bus equipped with special features, pointing out that this would be setting a precedent and there would be other requests for the same treatment. Mr. Townsend explained that everything had been arranged in Austin for Mrs. Lazo's group and when it had Minutes Regular Council Meeting March 19, 1975 Page 15 been suddently cancelled, the other group was given the time with the legislators. Mayor Luby called for the opening of bids scheduled for 4:00 p.m. Director of Engineering and Physical Development James K. Lontos opened and read bids on approximately 10,000 cubic yards of coarse river sand for McGee Beach sandfill. He explained that the addition to the beach area will vary from 50' to 100' depending on the prices bid for the sandfill and available money and all of the sand will be hauled onto the beach from area sources. Bids were received from the following firms: The Goldston Company; Leopard Construction Co., Inc.; and Haas Trucking Company. 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 recommenda- tion. City Manager Townsend reported there are a number of bills pending in the legislature affecting the City on which the local delegation should be advised of the City's position, three of which are as follows: (1) a proposal by the Texas Water Rights Commission to reaffirm their authority to review and approve any request to change water from one use to another such as irrigation to municipal and industrial (strong endorsement recommended); (2) a bill which would require every bill that will cost cities money to reflect that estimated cost by a note attached to the bill when it comes up for consideration (strong support recommended); and (3) a bill which would reduce by more than 90% the City's income from liquor by the drink (strong opposition recommended). The Council generally concurred in the foregoing recommendations of the staff. Relative to the previous discussion of Mrs. Lazo's and Mrs. De Los Santos' Austin trips in protest of the high cost of utilities, the Council made further comments about the need for local governmental support in the effort against these high utility costs and discussed implied statements that State officials would be more receptive to further Council action. Mayor Luby commented that if the Council wants to do something constructive and effective, they could sue LoVaca Gathering Company for damages resulting from the recent high fuel costa. He stated Corpus Christi nhould hove been one of the first to file suit ngninnt the Company. City Manager Townsend stated the suit against LoVaca was ready to go to court and may do no harm to get the suit on record but cautioned that the court will undoubtedly put it on the shelf until the Railroad Commission issues a final. order. Minutes Regular Council Meeting March 19, 1975 Page 16 He explained that other suits filed by San Antonio and Central Power & Light Company were totally different from the local case in that they involved producers of electricity who had to switch to costly fuel oil when natural gas was not available. He further stated that the City has been unable to find out when the Railroad Commission will enter a final order on the LoVaca situation. Motion by Acuff, seconded by Tom Gonzales and passed unanimously that the City file suit against LoVaca Gathering Company for damages resulting from the high cost of fuel. There being no further business to come before the Council, motion by Acuff, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 4:25 p.m., March 19, 1975.