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HomeMy WebLinkAboutMinutes City Council - 03/26/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING March 26, 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. J. Howard Stark 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 Msgr. William C. Kinlough, Most Precious Blood Catholic Church. City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby announced issuance of proclamations relative to the follow- ing: DARRELL McCALL DAY, March 15, 1975; ASSOCIATED PUBLIC SAFETY COMMUNICATIONS OFFICERS DAYS, March 20-21, 1975; BARBERSHOP HARMONY MONTH, April, 1975; FOUNDERS DAY FOR STROKE CLUBS, March 28, 1975; NATIONAL YOUNG AUDIENCES WEEK, March 29 DOCTORS DAY, Sunday, March 30, 1975; through April 4,1975;/and AMERICAN G. I. FORUM WEEK, March 24 through 31, 1975. Mayor Luby presented retirement plaques to the following City employees: Lazaro Velasquez, crewman, Wastewater Division, 21 years of service; Domingo Basaldue, crewman, Gas Division, 22 years service; Lino G. Herrera, bus operator, Transit Division, 30 years service; and Esmael G. Casarez, equipment operator, Park Department, 27 years service. Mr. W. E. Whitworth, Central Power & Light Manager, reported to the Council that the delivered cost of fuel to the Company during March, 1975, was 117.190 ($1.1719) per MMBTU. He reported that this represents a decrease of about ten cents from the record high of $1.27 reported last month. He explained that the lower fuel cost adjustment does not mean a downward trend, but that CPL expects its long-range costa to continue, to rise for the year 1975. City Manager Townsend reported that the natural gas costs for the City this month is $1.321 which represents a decrease of approximately 18 cents from February. He explained that the gross cost of gas continued to go up and the main reason for the decline was that last month's cost had a year end audit adjustment and an especially high surcharge. Commissioner Branch suggested that the Council begin now with pzepara-: tions to seek support from other cities in the Texas Municipal League Region 11 for a state utilities commission and see that copies of the resolution are distributed Minutes Regular Council Meeting March 26, 1975 Page 2 prior to the next meeting, and that the staff be directed to obtain information on a utilities regulation proposal of Mayor Fred Hofheinz of Houston submitted at the TML meeting in October, -1974. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with comments and explanations, as follows: a. That a contract award be made to Federal Copper & Aluminum Company, Minneapolis, Minnesota for approximately 6 month requirements of various sizes of copper tubing for warehouse inventory for the Water and Gas Divisions based on low bid of $9,268.94. Bids were received from 5 firms. Price comparison reveals a decrease of 14% over the last purchase in November, 1974. (Bid Tab 1127-75) b. That the contract award for a 6,000 gallon storage tank and pump for unleaded fuel to be located at the Transit yard to provide unleaded gasoline for City vehicles during those hours when the Service Center is closed, be made to Corpus Christi Pump Service, Inc., Corpus Christi on the basis of low bid of $4,836.45. Bids were received from 3 firms. (Bid Tab #28-75) c. That the contract award for 1974-75 requirements for replacement and additional mowing equipment for the Park Division, Oso Golf Course and Gas Division be made to the following firms on the basis of low bids meeting specifica- tions including trade-in: Watson Distributing Company, Inc., San Antonio - (one gang mower, four rotary mowers, and one flail -type mower) $6,095.62 Goldthwaite's of Texas, Inc., San Antonio - (one reel mower, rotary mower & turf aerifier) 3,325.00 $9,420.62 The apparent low bid of $1,555 including trade-in on the reel mower and the second low bid of $625 including trade-in on the turf aerifier submitted by Watson Distributing, Inc., did not meet various specifications. The apparent low bid on the turf aerifier of $300 including trade-in submitted by Garden Equipment Sales, Inc. of Corpus Christi also did not meet various specifications. Bide were received from five firms. Price comparison reveals an increase of approximately 20.4%. (Bid Tab #29-75) d. That the contract for the Flynn -Shea Parkway Drainage Improvements be awarded to W. T. Young Construction Company for $627,649 and that $657,800 be appropriated to cover the contract award plus additional engineer- ing and related expenses. The contract award includes the base bid plus an . Minutes Regular Council Meeting March 26, 1975 Page 3 automatic sprinkler system with Series 60 sprinkler heads and a sidewalk bikeway from Flynn Parkway to Weber Road. The contractor indicated that he made an error in bidding the sprinkler system alternate thus reducing the cost from $124,000 to $102,500, which makes it possible to include the automatic sprinkler system to reduce future maintenance. It is further recommended that the Park Department be authorized to fertilize and seed the slopes and that $6,000 be appropriated from the Park Bond Fund for this work. e. That landscaping work in Greenwood Park be accepted and final pay- ment of $1,700.90 be made for a total of $17,009 to Storm Landscaping Company. The work included the planting of 176 trees and 975 smaller shrubs. f. That the irrigation contract in Greenwood Park be accepted and final payment of $7,013.58 be made to Texas Lawn Sprinkler Company. The irrigation work provides coverage for approximately 16 acres. The total contract price was $29,845. This project and the landscaping contract complete the Phase I Develop- ment which received substantial assistance from the Federal Department of Housing and Urban Development. g. That the Sidewalk Unit VII Improvements be accepted and final pay- ment of $8,182.18 for a total of $31,653.46 be made to E. J. Netek Construction Company. This 1972 bond project provided for approximately 6,500 feet of side- walk on 8 streets. The contractor exceeded the allotted 60 days for construction by 26 days due to utility problems as well as weather problems and thus a 26 day extension is recommended. It is further recommended that the final assessment roll of $13,888.87 be adopted. The sidewalks include: (1) McArthur Street, from Belton to Tarlton (2) Winnebago, from Alameda to Lake Street (3) 15th Street, from Southern to Staples (4) Robert Drive, from Santa Fe to Estate Drive & 'from Gaines to Delano (5) Buford from Brownlee to 10th (6) Craig Street, at 15th. h. Approval of 8 parcels of Waldron Road (temporarily withheld - see subsequent motion). i. That Parcel No. 200 of the Corpus Christi Beach park be acquired from Mr. Arthur M. Mouser for $2,461.50 ($2,344.00 for acquisition and $117.50 for closing costs) and that this amount be appropriated. This parcel is in Phase A of the Beach Park Site and is located in Block 71 at the northwest corner of Gulden Street and Surfside Boulevard. The acquisition cost is $2,094.00 over approved value. The original appraisal did not consider Mr. Mouser's ownership Minutes Regular Council Meeting March 26, 1975 Page 4 of four lots in Block 25 and fractions of 6 lots in Block 70, both on Surfside Boulevard across Gulden Street and Parcel 200 could be used as additional park- ing area in the event of development by the owner on Block 25, j. That the request of Tiger Development Company to close a 10' pipeline easement alongside the north boundary of Lot 4B, Block 3, Gray Village, to within 20' of Everhart Road be approved. The applicant will relocate at their expense an existing 4" gas line into the adjoining dedicated alley and repave the alley. The lot involved is adjacent to Everhart Road between Mt. Vernon and Padre Island Drive. k. That $9,410 be appropriated to cover additional architect's fees for the Heavy Equipment Building at the Corpus Christi Municipal Service Center. The firm of Swanson, Hiester, Wilson and Claycomb presently has an architectural contract for the building for a fee based on 61§ percent of the construction costs. The estimated construction cost has increased from $107,000 in 1971 to $225,000 which is the amount authorized in the 1972 bond election. 1. That Champlin Petroleum Company be granted a revocable easement for the construction of three large pipelines (one 20" diameter and two 16" diameter lines) in UpRiver Road from Buddy Lawrence Drive to the intersection of Corn Products Road and UpRiver Road. A total of 11,680 feet of pipeline will be in the public right-of-way, principally UpRiver Road. The fee is $21,024.00. The lines will carry various petroleum products from the new section of the Champlin Refinery at Buddy Lawrence Drive to a future tank farm at Corn Products Road and UpRiver Road. Construction of the lines will begin in October, 1975 and be completed in the Spring of 1976. UpRiver Road will be completely rebuilt along the route of the pipeline at Champlin's expense. m. That authority be granted to apply for State assistance to continue the Systems Management for Traffic Safety grant from July 1, 1975 to June 30, 1976. This program finances the Traffic Safety Coordinator's office including the coordinator and a secretary. The grant is for $13,661.54 with the local portion being equal to it. n. That an application be authorized to the Governor's Office of Traffic Safety for a one-year grant renewal to continue to develop computer programs for traffic accident information. The Department of Public Safety has encountered unforeseen problems in starting the project which is approximately three months behind schedule. The grant is on a 50-50 basis with the grant paying for a Minutes Regular Council Meeting March 26, 1975 Page 5 computer programmer and the City matching with in-kind computer time. The programs will provide access to such traffic accident information as mid-block and intersection accidents cross-referenced by street and weather conditions, severity of injury and method of traffic control; pedestrian accidents cross- referenced by location and severity; and traffic violations contributing to acci- dents for use in improving traffic control and safety. o. That an agreement be authorized for the City to participate in the Summer College Work/Study Program. The City will request approximately 20 partici- pants who will be residents of Corpus Christi and qualify for Work/Study through their respective colleges. 80% of the funds are provided by the college through Project S.E.T. (Summer Employment in Texas). The City will provide the remaining 20% (approximately $275 per student)from salary balances resulting from turn-over in various activities. The students will be utilized where their education and background will be the most helpful. p. That the request of Cablevision of Corpus Christi, Inc., with the concurrence of Athena Cablevision of Corpus Christi, Inc., for a further extension of 90 days to effectuate the change in franchise ownership originally granted on February 13, 1974 (Ordinance #11914) be granted. Ordinance #12239, approved on August 29, 1974, extended this agreement for an additional 180 days to February 28, 1975, and Ordinance #12505, approved on February 26, 1975, granted an additional 30 days ending March 28, 1975. The extension being requested will expire on June 27, 1975. q. That authority be granted to lease from the Housing Authority for 12-months use of building space at 3312 Wayside Drive, Clairelaine Gardens to co,. continue the senior citizens center previously operated by SAGE, Inc. The lease will provide for the City to pay for electricity, janitorial services and breakage or damage resulting from negligence on the part of the staff or participants. The Housing Authority shall maintain the premises and will pay for gas and water. r. That the date of the public hearing on the City's application to the Urban Mass Transportation Administration previously set by the Council for April 16, 1975, be changed to 2:00 p.m., April 30, 1975. The change is necessary since it is required that notice be published 30 days prior to the hearing date. s. That two grant requests approved by the MH-MR Board on March 18, 1975 be approved. The two grants will continue a MR Workshop and a MR program for children in Robstown. Minutes Regular Council Meeting March 26, 1975 Page 6 Motion by Lozano, seconded by Branch and passed, with Luby voting "Nay" on Item "p", that the City Manager's Reports, Items "a" through "s" ("h" temporarily deferred) be accepted, and the requests and recommendations be granted, approved and adopted, as presented by the City Manager. City Manager Townsend presented the pending item of Mr. Eugene H. Bouligny zoning application for change from "R -1B" to "R-2" on Lots 1 through 6, Block 17, Hillcrest Addition located on the northwest corner of Koepke and Still- man Streets, which request was heard by the City Council on February 19, 1975 and tabled until a full Council could be present because the vote ended in a 3 to 3 tie. He explained that the Planning Commission had recommended approval on Lots 1 through 3 and denial on Lots 4 through 6. Motion by Branch, seconded by Acuff and passed, that the foregoing zoning matter be removed from the Table. Motion by Ricardo Gonzalez, seconded by Tom Gonzales and passed, with Luby, Tom Gonzales, Ricardo Gonzalez and Lozano, voting "Aye", that the recommenda- tion of the Planning Commission be concurred in and the request be approved on Lots 1 through 3, but denied on Lots 4 through 6. Commissioners Lozano and Ricardo Gonzalez maintained that the building proposed to be remodeled into a duplex would be a logical use in this moderate income neighborhood; that the building as presently exists is in a deteriorated condition and is too large for use as a single family residence in this neighbor- hood, and the proposed use would be an improvement. City Manager Townsend presented the pending item of the zoning request of Mr. David M. Coover, Trustee, from "F -R" to "R -1B", on Lots 9, 10, 12 and 13, Section 38, Flour Bluff and Encinal Farm and Garden Tracts. He explained that the request was originally heard by the Council on September 11, 1974 at which time it was tabled pending receipt of a study by TRACOR, Inc. to recompute the CNR zones to NEF values and re-evaluate activity around Waldron Field due to increased use of a right-hand turn pattern over the standard left-hand turn; that the case was again discussed on February 12, 1975 and tabled until it could be determined if the flight paths could be extended farther toward the Oso; and on March 5, the time limit was extended to March 26. Mr. David Coover, Trustee -applicant, asked that he be allowed to waive the prohibition, stating he was not opposed to bearing the expense of another hearing but it seemed an unnecessary burden on the Council and staff to hold Minutes Regular Council Meeting March 26, 1975 Page 7 another hearing with new notices and another presentation. He pointed out that there are no other interested parties in this case except the applicants and the City. City Manager Townsend stated, the moat desirable action of the Council at this time would be to rescind the previous action of -March 5, and grant another six months' extension to September 5, 1975. Motion by Acuff, seconded by Branch that the two lots nearest Flour Bluff Drive be approved and the remaining two lots be denied. Motion by Branch, seconded by Ricardo Gonzalez and passed, with Mayor Luby and Commissioner Stark voting "Nay", that the previous action of the Council be modified and the time be extended another six months on or before September 5, 1975. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Lavernis Royal, President of the Art Community Center, appeared and presented petitions containing 669 signatures requesting authority from the Council to expand the City art facilities in South Bluff Park. The request was to place a portable building next to the present building which would be refurbished and expand the facilities of the Art Community Center, which he stated would be their contribution to the cultural activity of Corpus Christi. He explained that the Art Community Center is made up of over 400 artists and friends of art, has an appeal to all citizens, school children, tourists and park visitors, and all events are open free to the public. He further explained that they appreciate the Park Boards interest in retaining open space, but the expansion and improvement of this City's cultural and educational facility must have some priority. Mrs. Margaret Walberg, Project Chairman, presented a drawing of the arrangement of the buildings stating the plans had been changed so as to abolish the court yard to retain as much green area as possible, and also to provide access to the whole facility and park. She explained that they would like to make this unique contribution to the Bicentennial Program. Mr. Royal explained that they are requesting some City participation, but that the Art Community Center would be responsible for the purchase of and relocation of the building; that the City would be asked to arrange for the supervision of installations such as water and sewer in order to comply with the City's requirements; and that the City's monetary participation would amount to an estimated $2,000 or $3,000. Col. Tex Such and Reverend Claude Minutes Regular Council Meeting March 26, 1975 Page 8 Valentine, members of the organization, endorsed the proposal. (Petition #2-75) City Manager Townsend explained that the layout of the buildings has merit and the group should be commended and encouraged. He explained that the Park Board does not concur in this request and the staff has some concern. He stated that should the request be approved, the specific location of the building should not be tied down. Ms. Mary Lou Huffman, Chairman of the Park Board, opposed the proposal on the basis that there is a need to protect park open spaces; that South Bluff Park is extensively used by children; that there is a waiting list of persons who wish to use the tennis courts; and the open space of the park is used for ball t • games. She pointed out that the County Tax office building located on Shoreline Drive will probably be demolished when vacated by the County, and suggested that instead of destroying this building that it be put to some cultural use which would enhance that area and at the same time preserve this structurally sound building. sr �� i } Motion by'Branch, seconded by Ricardo Gonzalez and passed, that the foregoing requ est;be approved permitting the placing of an additional building next to the existing Centennial Building along Park Avenue in South Bluff Park, and the expenditure out of the City's existing budget not to exceed $2,000. Mayor Luby annbuhced that the Regular Meeting would be recessed for the purpose of holding the public hearings scheduled for 3:30 p.m. The Regular Meeting was reconvened and City Manager Townsend presented and discussed proposed ordinances for the Council's consideration. Motion by Acuff, seconded by Branch and passed, that the Council be r polled on the ordinances presented. SECOND 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 second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano -and Stark, present and voting "Aye". Minutes Regular Council Meeting March 26, 1975 Page'9 SECOND 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 second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT, 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 second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby, present and voting t "Nay". ORDINANCE NO. 12547 THIRD 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 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 ALLOWANCES FOR CARPET, STliGE 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 third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye"; Luby present and voting "Nay". ORDINANCE NO. 12548 CITY CLOSING A PORTION OF/STREETS AS SHOWN ON "MAP OF PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS SHOWING LANDS RECLAIMED BY THE BAYFRONT PROTECTION WORK" AS RECORDED IN VOL. 9, PAGES 38 THRU 41, MAP RECORDS OF NUECES COUNTY, TEXAS, DESCRIBED AS FOLLOWS, AND DECLARING AN EMERGENCY. 1. ALL THAT PORTION OF HIRSCH (CARROL) STREET LYING EAST OF THE EAST RIGHT OF WAY LINE OF NORTH WATER STREET AND; 2. 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 WAYpLINE OF HIRSCH (CARROL) STREET. Minutes Regular Council Meeting March 26, 1975 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Staff present and voting "Aye". ORDINANCE NO. 12549 AMENDING ORDINANCE NO. 12246, PASSED AND APPROVED BY THE CITY COUNCIL ON THE 28TH DAY OF AUGUST, 1974, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: *1. 'Clarkwood Road, from Iris Street to Lot 9, Block 10, Clarkwood Townsite, east side; 2. McArthur Street from Belton Street to Tarlton Street, northwest side; 3. Winnebago Street, from N. Alameda to Lake Street, northwest side; 4. Churchill Drive, from Whittier to Tarlton Street, southeast side; 5. 15th Street, from Southern Street to South Staples, southeast side; *6. Everhart Road, from south P/L of Lot 1, Block 2, Alameda Estate No. 2 to the north P/L of Lot 16, Block 3, Alameda Estate No. 3, southeast side; 7. Robert Drive, from Santa Fe to Estate Drive, northwest side; 8. Robert Drive, from south P/L of Lot 2, Block 1, Alameda Estates No. 4 to Delano Street, southeast side; 9. Buford Street, from Brownlee Blvd. to 10th Street, south side; and 10. 15th Street, from Craig Street approximately 138.75' north. *Omitted by Council action, Ordinance No. 12234, passed and approved August 21, 1974. AS HEREINAFTER PROVIDED; 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12550 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITTON— OF PARCEL 200 FOR THE CORPUS CHRISTI BEACH PARK SITES PROJECT; APPROPRIATING OUT OF THE 291 PARK BOND FUND $2,461.50, OF WHICH AMOUNT $2,344.00 IS FOR LAND ACQUISITION AND $117.50 IS FOR INCIDENTAL COSTS RELATED TO CLOSING OF THE ?URCHASE OF AFORESAID PARCEL, ALL APPLICABLE TO PROJECT 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12551 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 DON R. YOUNG BY GRANTING A SPECIAL COUNCIL PERMIT TO CONTINUE USING THE GARAGE ON THE NORTH- EAST CORNER OF THE TWO LOTS FOR STORAGE OF SUPPLIES USED IN CONNECTION WITH HIS PLUMBING BUSINESS ON LOTS 22 AND 23, BLOCK 1, ALAMEDA PARK, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTF TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HERE- WITH; 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, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting March 26, 1975 Page 11 ORDINANCE NO. 12552 AMENDING THE CITY BUDGET; APPROPRIATING $9,410 OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND TO SUPPLEMENT PREVIOUS APPROPRIATIONS FOR THE ARCHITECTURAL SERVICES OF SWANSON HIESTER WILSON CLAYCOMB (SHWC, INC.) IN CONNECTION WITH THE DESIGN OF THE HEAVY EQUIPMENT MAINTENANCE BUILDING WITHIN THE MUNICIPAL SERVICE CENTER, PROJECT NO. 207-72-6; 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12553 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH PROJECT SET FOR A SUMMER COLLEGE WORK-STUDY PROGRAM, ACCORDING TO THE TERMS AND CONDITIONS SET FORTH IN THE CERTIFICATE OF AGREEMENT A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12554 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 ORDI- NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DR. ALVA L. BLAINE BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 10 AND 11, BLOCK 4, BAYFRONT TERRACE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "Al" APARTMENT HOUSE 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12555 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE TEXAS GOVERNOR'S OFFICE OF TRAFFIC SAFETY TO EXTEND FOR EIGHT MONTHS, A ONE-YEAR GRANT TO DEVELOP A DATA PROCESSING PROGRAM FOR TRAFFIC ACCIDENT INFORMATION, AS SET FORTH IN THE PROPOSAL, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, IS MARKED EXHIBIT "A" AND MADE A PART HEREOF, AND AUTHORIZING THE EXECUTION OF THE GRANT AND SUCH OTHER DOCUMENTS AS MAY BE NECESSARY IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by like following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO, 12556 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH W. T. YOUNG CONSTRUCTION COMPANY FOR CONSTRUCTION OF SHEA-FLYNN PARKWAY DRAINAGE IMPROVEMENTS; APPROPRIATING A TOTAL OF $657,800, OF WHICH $650,000 IS OUT OF NO. 295 STORM SEWER BOND FUND, INCLUDING $620,309 FOR THE CONSTRUCTION CONTRACT; $3,050 FOR ADDITIONAL ENGINEERING FEES OF NAISMITH+'ENGINEERS, INC.; AND $26,641 FOR INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 295-72-9; AND $7,800 IS OUT OF THE NO. 220 STREET BOND FUND, INCLUDING $7,340 FOR THE CONSTRUC- TION CONTRACT AND $460 FOR INCIDENTAL AND RELATED EXPENSES ALL APPLICABLE TO PROJECT NO. 220-72-11, AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting March 26, 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12557 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $6,000, APPLICABLE TO PROJECT NO. 291-72-5.5, FLYNN-SHEA PARKWAY, FOR FUTURE REIMBURSEMENT TO ACTIVITY 4122-603 FOR HORTICULTURAL IMPROVEMENTS TO FLYNN-SHEA PARKWAY; 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, Lozano and Stark, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING AN EXTENSION OF 90 DAYS TIME TO COMPLETE TRANSFER OF THE CABLE TELEVISION FRANCHISE FROM ATHENA CABLEVISION, INC. TO CABLEVISION CORPORATION OF CORPUS CHRISTI, INC., WHICH TRANSFER WAS AUTHORIZED BY ORDINANCE NO. 11914, PASSED AND APPROVED ON FEBRUARY 13, 1974, AND EXTENDED BY ORDINANCE NO. 12239 FOR ANOTHER PERIOD OF 180 DAYS, AND FURTHER EXTENDED BY ORDINANCE NO. 12505 FOR ANOTHER PERIOD OF 30 DAYS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. 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, Lozano and Stark, present and voting "Aye"; Luby present and voting "Nay". ORDINANCE NO. 12558 CLOSING AND ABANDONING THE 10 -FOOT PIPELINE EASEMENT ALONG THE NORTH BOUNDARY OF LOT 4, BLOCK 3, GRAY VILLAGE, AS RECORDED IN VOL. 31, PAGE 46, MAP RECORDS OF NUECES COUNTY, TEXAS, AND MORE PARTICULARLY DESCRIBED HEREINAFTER, SUBJECT TO RELOCATION BY THE ABUTTING OWNER, TIGER DEVELOPMENT COMPANY, AT ITS OWN EXPENSE, OF A 4 -INCH GAS LINE INTO THE DEDICATED ALLEY AND REPAVING THE ALLEY, ALL AS MORE FULLY SET FORTH HEREAFTER; 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12559 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO CHAMPLIN PETROLEUM COMPANY FOR INSTALLATION OF A 20 -INCH PIPELINE AND TWO 16 -INCH PIPELINES IN UpRIVER ROAD AND ADJACENT STREETS FROM BUDDY LAWRENCE DRIVE TO THE INTERSECTION OF CORN PRODUCTS ROAD AND UpRIVER ROAD, AS MORE FULLY SET OUT IN THE REVOCABLE EASEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, ATTACHED HERETO, MARKED EXHIBIT "A" IS MADE A PART HEREOF, UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; 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, Lozano and Stark, present and voting "Aye". Minutes Regular Council Meeting March 26, 1975 Page 13 ORDINANCE NO. 12560 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE GOVERNOR'S OFFICE OF TRAFFIC SAFETY FOR CONTINUATION OF THE SYSTEMS MANAGEMENT FOR TRAFFIC SAFETY GRANT WHICH ESTABLISHES THE TRAFFIC SAFETY COORDINATOR POSITION, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF, AND AUTHORIZING EXECUTION OF ALL NECESSARY DOCUMENTS 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, Thomas Gonzales, Ricardo Gonzalez, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12561 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE HOUSING AUTHORITY OF CORPUS CHRISTI FOR THE USE OF AN APARTMENT AT 3312 WAYSIDE DRIVE, FOR THE CONTINUATION OF SENIOR COMMUNITY SERVICES FOR A 12 -MONTH PERIOD, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS 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, Lozano and Stark, present and voting "Aye". ORDINANCE NO. 12562 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 EUGENE H. BOULIGNY, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 THRU 3, BLOCK 17, HILLCREST ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELL- ING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. Minutes Regiiar Council Meeting March 26, 1975 Page 14 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Thomas Gonzales, Ricardo Gonzales and Lozano, present and voting "Aye"; Acuff, Branch and Stark, present and voting "Nay". City Secretary Read stated that according to his tabulation, all ordi- nances voted upon had passed with votes as noted. Mayor Luby announced the opening of bids scheduled for 4:00 p.m. Director of Engineering and Physical Development opened and read bids for construction of the Corpus Christi Health Center. He explained that the center is to be located at Horne Road and Greenwood Drive and will have approxi- mately 46,000 square feet for Administration, Regional Laboratory and Clinical Services of the Health Department; that the sidewalk is designed so that parking, landscaping and pedestrian access will all be integrated with the Branch Library and the Senior Citizens Center; and the project will be financed by bonds approved in 1972 and a Hill -Burton grant. Mr. Lontos opened and read the bid received from Bobby Braselton. At this time City Secretary Read announced that he had just received a bid from a representative of A & A Construction Company on the foregoing project which was after 4:00 p.m. Mayor Luby stated that he had seen this gentleman in the room with the bid in hand at 4:00 p.m. trying to get to the front. There was some discussion among the Council and the staff as to whether or not this bid should be received since the bid invitation specifically stated that the bids must be in the City Secretary's officeon or before 4:00 p.m. The representative from A & A Construction Company stated that he had been waiting in the hall and was not aware of procedures. Mr. Lontos continued with the opening and reading of the bids including the bid from A & A Construction Company. Other bids received, opened and read, were: Braselton Construction Company; Casey & Glass; E. Eisenhauer; Lambert & Pondren; and Lanphier Construction Company. He stated the apparent low bid had been submitted by A & A Construction Company. Minutes Regular Council Meeting March 26, 1975 Page 15 Mr. Chester Lambert, of Lambert & Fondren, protested the Council's decisionto receive the bid of A & A Construction Company which was received after 4:00 p.m. He stated it had been reported to him that this gentleman had been to the City Secretary's office prior to the meeting but did not turn in his bid. Mayor Luby asked Mr. Lambert why he had not made his protest before the bid was opened. Mr. Lamben:explained that he was not aware at the time that the gentleman had been in the room and in the City Secretary's office prior to the opening. The representative of A & A explained that he did not know about the requirements, that he was from Victoria and this was the first time he had been in the City Hall Building. Others in the audience speaking in protest of receipt of the A & A Construction Company bid were Mr. Ronnie Pollard and Mr. Phil Dudley, representing the Association of General Contractors. There followed a lengthy discussion between the Council, the staff and protesting contractors, regarding the law concerning the opening of bids. City Manager Townsend and Acting City Attorney Michael May explained the reason for the rule that bids be received at a specific time, and whether or not the rule specifies that the bids be delivered in person to the City Secretary or to his office. Motion by Lozano, seconded by Acuff and passed, with Tom Gonzales voting "Nay" and Mayor Luby voting "Present" that the bid received from A & A Construction Company, received after 4:00 o'clock, be ruled out as non-responsive in connection with the bid invitation. Mayor Luby pointed out that this is the second time a situation of this kind has come up; that it is embarrassing to the Council and not fair to the bidders; and that specific rules and regulations are needed. He suggested that City Manager Townsend post rules and regulations on both entrance to the City Council Chamber area and probably one at the entrance of the City Hall so people can be reminded where the City Secretary's office is located. City Manager Townsend pointed out that the rules are clear in the specifications and posted on the bulletin board which states it is on the third floor. The foregoing bids (exclusive of A & A Construction Company) were tabled for 48 hours as required by the City Charter and referred to the City Manager for tabulation and recommendation. Minutes Regular Council Meeting March 26, 1975 Page 16 Mr. Lontos opened and read bids for the installation of lights at the H.E.B. Tennis Center, stating that the "A" and "B" courts are included in the base bid with alternates for the lighting of the "E" court and the stadium. Bids were read from the following firms: Johnston (N.R.) Electric, Inc.; Mathieu Electric Co., Inc.; A & C Construction Co., Inc.; Scott Electric Co.; Fairbairn Electric, Inc.; and Electric Construction. The foregoing bids were tabled for 48 hours pursuant to the requirments of the City Charter and referred to the City Manager for tabulation and recom- mendation. Motion by Stark, seconded by Acuff and passed, that the recessed Special Meeting for consideration of zoning applications, be reconvened. * * * * * * Motion by Acuff, seconded by Ricardo Gonzalez and passed, that the Regular Meeting be reconvened. City Manager Townsend presented Item "h" of the City Manager's Reports which was temporarily deferred ealier in the meeting. The recommendation was as follows: that $1,380 of values for 8 parcels of Waldron Road right-of-way be approved and $2,500 be appropriated, including $1,120 for acquisition and closing expenses. One of the parcels is only a sidewalk easement. The 8 parcels are located between Purdue Road and Caribbean Drive. Motion by Acuff, seconded by Lozano and passed, that the foregoing recommendation "h" be approved as recommended. ORDINANCE NO. 12565 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1, 2, 6 AND 12, SECTION 49; PARCELS 3 AND 4, SECTION 54; PARCEL 5, SECTION 53; AND PARCEL 7, SECTION 50, ALL BEING OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN CONNECTION WITH THE WALDRON ROAD STREET IMPROVEMENT PROJECT; APPROPRIATING OUT OF THE 220 STREET BOND FUND $2,500, OF WHICH AMOUNT $1,380 IS FOR LAND ACQUISITION AT THE APPROVED VALUES AND $1,120 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTINGENCIES; ALL APPLI- CABLE TO PROJECT 220-72-7; 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, Lozano and Stark, present and voting "Aye". City Secretary Read stated that.according to his tally the foregoing ordinance was passed with votes as noted. There being no further business to come before the Council, the meeting was adjourned at 7:07 p.m., March 26, 1975. Minutes Regular Council Meeting March 26, 1975 Page 17 Acting City Attorney Michael May announced that the Council will hold a closed meeting under Art. 6252-17 Section 2(e) V.A.T.S. for discussion of pending tax litigation.