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HomeMy WebLinkAboutMinutes City Council - 05/28/1975PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING May 28, 1975 2:00 P.M. 7ew-e-/ City Manager R. Marvin Townsend Acting City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Bill Tipton called the meeting to order in the temporary absence of Mayor Luby in the Council Chamber of the City Hall. The Invocation was given by Mr. Cleo LaRue, student minister. City Secretary Bill G. Read called the roll of those in attendance. Mayor Pro Tem Tipton announced the issuance of proclamations relative to the following: P B X OPERATOR WEEK, June 1 through June 7, 1975; BI -CENTENNIAL UNITED STATES ARMY VOLUNTEER MONTH, June, 1975; and HIRE A TEEN WEEK, June 2 through June 6, 1975. Mr. Wallace E. Whitworth, Manager of Central Power & Light Company, reported that the average delivered cost of fuel to the Company during May, 1975, was $133.37 ($1.3337) per MMBTU representing an increase of 10 cents from the April cost of $1.23 per million BTU. He stated the cost increase will be reflected in the bills sent from May 28. He stated the fuel adjustment will be $14.95 per thousand kilowatt hours compared to $13.63 last month. City Manager Townsend explained that representatives of Athena Cablevision had been given a place on the agenda to make a presentation relative to their previous request to operate their system off -channel. Mr. Carl Parker, Port Arthur Attorney, made a presentation on behalf of his client, Athena Cablevision, and requested that this Council reconsider the decision made last week by the outgoing Council that CATV should not be permitted to move off - channel their present channel designations. He pointed out that the previous Council had approved the request two weeks ago and then voted against it a week later. He termed the reversal as a political decision. He stated that they do not contend that they have complied strictly with the terms of the franchise adding that they were in default when it was recently renewed. Mr. Parker presented the same arguments which have been presented numerous times before, claiming it is not technically or economically feasible for the franchise holder to carry local VHF television stations on the system on their present channel number designations. He stated poor picture quality from "ghosting" was costing the firm customers, and they were having r• Minutes Regular Council Meeting May 28, 1975 Page 2 tremendous problems trying to extend services to every area in the City, but are doing the best they can to solve that problem. He stated this request is not being made in an effort to increase their profit, but to live up to their commitment to serve the community of which they are a part. He pointed out that at the present time, there are approximately 17,100 subscribers on the cable compared to almost 25,000 they had at one time,and they attribute this loss directly to the poor picture quality caused by the on -channel broadcasting. He explained that the Council had requested that they show proof that it is not feasible to operate on their present channels and this had been complied with, documented, and delivered to both the out- going and present Councils. He stated the poor picture quality .caused from "ghosting" is costing the firm a minimum of $5,000 a month. He contended the moving off -channel would not damage the local television stations because viewers would find their stations regardless of where they are located. He pointed out that their problems are inter -related and this problem must be solved before they can solve some other problems of complying with the terms of the franchise. Mayor Luby arrived at the meeting at this time (2:25 p.m.) City Manager Townsend briefed the Council with a summary of background information supplying dates and number of public hearings held. Commissioner de Ases pointed out that the previous Council had had the benefit of an enormous amount of information and sat in on numerous public hearings on which they had based their decision, and he did not feel sufficiently informed at this point to make a decision. Mr. T. Frank Smith, president of Channel Six, spoke in opposition to any change in cable channel designations, stating he does not deny that moving off channel will improve reception, but does not agree that this is the only way this can be accomplished. He pointed out that there are many cablevision systems operating successfully throughout the country on -channel one way or another. He stated the best reception could be obtained through the use of the converter which would cost more than they want to pay, but pointed out if economic problems are to be considered, he could name a few of his own. He stated he had spent $1.5 Million improving their service, and now they are being asked to pay for something CATV should pay for themselves. Mr. Ed Barker, attorney representing KORO TV, joined Mr. Smith in opposition t� any change in Cablevision's channel designations. He stated public Minutes Regular Council Meeting May 28, 1975 Page 3 hearings have been held, decisions have been made, and he thought the matter had been settled. Mr. Vann M. Kennedy, president of KZTV and K-qIX AM FM Radio Station, pointed out that four City Councils have considered this issue and each have voted to keep TV stations on channel, and for seven years free broadcasting stations have been constantly subjected to the necessity of defending their property rights. He stated he regards CATV as "piracy" and "parasites" of the broadcasting business, ii highly unethical, the City has become an accessory to the business by providing easements for their use, and they are asking that the depredation not be permitted to go further. He asked that the franchise holder be required to comply with the basic terms of the franchise and not be permitted to lean upon the capital investment of the three local stations. Mr. Parker, in rebuttal, stated it does not seem to be clear to the representatives of the three local television stations that the cable company can go off -channel and still live up to the terms of its contract; that the clause states it may go off -channel if it is demonstrated that that is the only technical and feasible way it can deliver adequate signals to its customers. He stated this has been demonstrated and documented by an impartial engineering firm employed by the City. City Manager Townsend explained that the foregoing is only a presentation and no action is necessary at this time. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments as follows: a. That bids be received at 11:00 a.m., Tuesday, June 17, 1975 for 18,000 Cu. Yds. of flexible base (mudshell). Shell is used for shoulder blading, emergency street repairs, wet weather street repairs and maintenance of shell streets. The Street Division is reducing its use of shell where possible by developing alternate maintenance procedures and materials. No bids have been received during the last two years, but a potential bidder has indicated that bids will be submitted at this time. b. That a contract be awarded to Superior Fabricators, Corpus Christi, for $20,400 for arch gates for Wesley Seale Dam. The gates will allow water to be shut off to the outlet works allowing their repair and will protect the screens which catch debris from being damaged by high waves. Initial bids were rejected r• Minutes Regular Council Meeting May 28, 1975 Page 4 because the price was too high and delivery too long. The initial low bid was $33,580 with a 14 -month delivery. Delivery is now 3 months. Bids were received from two firms. (Bid Tabulation #32-75) c. That the emergency generators installed at the Service Center by Fairbarin Electric be accepted and final payment of$13,920 be made to Fairbarin Electric. This 1972 bond election project provided for the installation of a 300 kilowatt, 150 kilowatt, and a 15 kilowatt generator at the Corpus Christi Service Center. The total contract was $76,020. d. That the Commercial Apron Ramp Repairs at International Airport be accepted as complete and final payment of $19,744.74 be made to the contractor, W. E. Rackley Mud Jack System. The project elevated settled concrete slabs in the large commercial apron at the Airport by pumping grout under the slabs. The method of repair was successful but during construction it was found that 100 additional slab sections on the ramp needed to be raised and leveled. This caused a contract overrun. An appropriation of $13,635.98 is requested to cover the addi- tional cost of the project. The original contract was $61,087.60. e. That $1,743.90 additional be appropriated for payment to the Texas Highway Department for Violet Road Improvements from Leopard Street to I.H. 37. The project was completed and accepted by the City on January 22, 1975. After it was 'finalized and costs itemized by the State, it was found that the additional amount was needed for the City's share. The project was jointly constructed by the City and State. The City had previously paid $88,500 of the $193,575.54 total project cost. f. That Change Order No. 3 for $2,397.15 on the Austin School Area Street Improvements, Unit II project be approved. It provides for: (1) Removing and replacing approximately 61' of curb and gutter and necessary pavement patching on Pueblo Street to correct a drainage problem; and (2) Replacing the emulsified seal coat on the lime stabilized base with asphalt prime coat. The emulsified seal coat has not worked successfully because of the long time required to cure or harden the streets which unduly prohibits residents from access to their properties. No additional appropriation is required. g. That a change order for $6,037 be approved to install lights on Battery D at the center court at the H.E.B. Tennis Center. Previous Council action changed the originally bid aluminum poles to galvanized poles, thus reducing the contract price. The original appropriation on April 2, 1975 was $50,000 to light 3 batteries or 11 courts. The original contract price after changing the poles to aluminum was $43,326. Thus, the $6,037 to light the center court will not require Minutes Regular Council Meeting May 28, 1975 Page 5 a supplemental appropriation. h. That Trinity Engineering Testing Corporation be engaged to provide the following materials testing during construction of the Auditorium: Est. Cost (1) Inspection and testing of piers and piling, including concrete strength tests for pier and piling, $3,860 (2) Soil densities for fill material 780 (3) Concrete and aggregate testing for structural and archi- tectural concrete 10,905 (4) Testing, inspection, and radiographic (X-ray) tests of the welds for structural steel at the fabrication shop and on site 9,475 Total - not to exceed $25;020 Sufficient appropriations have previously been provided. i. That the plans and specifications for the installation of new electrical panels, additional electrical conduit and wiring, and the necessary electrical receptacles for various offices and classrooms an the first and second floor of Washington School (HIALCO Center), be approved and bids be received on June 18, 1975. The building is being leased by the City from the School District for use as a Senior Citizens center and part is subleased for the HIALCO Community Center. This project is included in the first year of the Community Development Program. j. That the preliminary plans for the Fire Station No. 14 at South Staples and La Costa Streets (between Holly and Saratoga), be approved and the archi- tect be authorized to proceed with detailed drawings so that bids can be received during the summer of 1975. Bonds were authorized in December 1972. An existing company of firemen will be moved to this station upon completion so that manpower and equipment will be better distributed and response time reduced for fire calls in the vicinity of the new station. k. That parking be prohibited on the southeast side of Everhart Road from Williams to Holly Road to provide the necessary pavement width for a continuous center left turn lane. The center left turn lane presently stops at Williams. The need for this channelization extends to Holly Road. The Traffic Safety Advisory Board so recommends. 1. That a drilling permit be granted to Jake L. Harron to drill a straight hole to a depth of approximately 14,000 feet in the southeast quarter of State Tract 9 in Corpus Christi Bay. This location is approximately 21 miles southwest of Ingleside. The location is irregular and does not comply with the cluster requirement of the Bay Drilling Ordinance. The Bay Drilling Committee unanimously recommends that the permit be granted because the normal cluster location for bottoming a well is not available Minutes Regular Council Meeting May 28, 1975 Page 6 because it lies on the apex of Long Reef which would require considerable dredging. The Fish and Wildlife Service of the Department of the Interior strongly recommends that no development be undertaken within 500 feet of Long Reef. m. That the authorization be granted to execute an agreement with the Federal Aviation Administration for the continued operation of the instrument landing sites and glide slope localizer facilities at International Airport. This is a continuing contract and extends the period from July 1, 1975 until June 30, 1976, with options for continued renewal until September 30, 1985. F.A.A. pays the full cost of these safety facilities and their operation and maintenance. The City provides the sites. n. That the lease agreement with the Corpus Christi Council of Garden Clubs, Inc. for use of the Garden Center on Greely Street .be extended for an addi- tional five years. In 1963, the City entered into an agreement with the Garden Clubs under which the clubs constructed the Garden Center and donated it to the City upon its completion. The agreement was amended in 1965 to provide for reimbursement to the City for construction of air conditioning and heating. The Park & Recreation Board recommends the lease extension. o. That an agreement be authorized with the Estate of J. L. Scogin, Deceased, as provided in the deed executed when the City purchased land for construc- tion of the airport. The deed provides for an easement for vehicular or pedestrian access to adjacent land owned by the Estate and that the easement not be closed except by joint agreement. FAA has now required that the airport be enclosed by a perimeter fence which crosses the easement. The proposed agreement provides for the temporary partial closing of the easement by the fence subject to keys being provided to the Estate and the tenant using the adjacent land to unlock the gates crossing the easement. p. That the Platting Ordinance be amended to include under minimum require- ments a provision for ramps for the handicapped and bicycles at each intersection to be constructed of reinforced concrete and to transition from the valley gutter to the sidewalk for easy access from the street to the sidewalk. The proposal is recommended by the Planning Commission. The ramps will not be required where a collector or major thoroughfare is involved, unless the intersection is controlled by a traffic signal or four-way stop signs. q. That authority be granted for the City, as the Administrative Unit of the Coastal Bend Manpower Consortium, to submit a Comprehensive Employment Act (CEPA), Title I Grant Modification providing for an increase of $65,925 deobligated Minutes Regular Council Meeting May 28, 1975 Page 7 Manpower Development Training Act (NDTA) 1974 money for a new total of $3,473,880. $30,000 will be utilized by Jobs for Progress, Inc. (SER) to provide 12 public service and 18 private sector on the job training (OJT) slots. $35,925 will be utilized by the Corpus Christi Independent School District to provide work experience for 16 college age participants and 16 staff assistants as approved by the Consortium on April 24, 1975. The program is now underway and ends June 30, 1975. r. That the City Manager be authorized to submit an application to the ,Department of Housing and Urban Development and to sign contracts and related documents to provide for the continuation of the 701 Comprehensive Planning Assistance Grant. The application requests $73,000 in federal money with a local match of $39,363. The $39,363 is to be in-kind services for a total project cost of $112,363. The grant period will be from July 1, 1975 through June 30, 1976. In-kind costs have been included in the budget submitted by the Planning and Urban Development Department for 1975-76. s. That the Housing Authority of Corpus Christi be designated the public agency to be responsible for administering the Housing Assistance Payment Program authorized by Section 8 of the Housing and Community Development Act of 1974. The allocation under this Act is $711,000 to provide assistance to 368 low income family units per year. Motion by Lozano, seconded by Tipton and passed, that the City Manager's Reports be accepted, and Items "a" through "s" be granted, approved and adopted as presented by City Manager Townsend. City Manager Townsend reviewed and presented ordinances appearing on the agenda. Mr. Ed Barker, attorney for KORO TV spoke relative to the proposed resolution whereby the City finds that it is in the best interest of the City to encourage the development of a new local station of Spanish Programming and finding that the plans of the CATV franchise holder to import stations from Mexico are contrary to this interest. He explained that they have received their license from the Federal Communications Commission, have purchased equipment, and are ready to become the only minority-owned Spanish programmed television in the United States and will be of considerable value to a large portion of the citizens of Corpus Christi. He opposed importation of Mexican station signals on the local cable, stating importing this programming would severely hurt KORO before it even got on the air. He stated he had submitted a proposed resolution but was in complete agreement of the one proposed by the City. He urged that it be passed on an emergency and forwarded to the Federal Minutes Regular Council Meeting May 28, 1975 Page 8 Communications Commission as soon as possible. Mr. Joe de Leon, president of KORO stressed the importance of the Council's approval of the resolution and its passage on an emergency basis. Mr. Williams Cunningham, president of Cablevision of Corpus Christi, stated that if the City adopts the proposed resolution, it will in effect be entering into an area clearly within the jurisdiction of the FCC, and should be cautious in trying to advise the FCC of its actions. 'He stated he does not object to KORO but this should be left to the Federal Communications Commission to decide. He reminded the Council that Commissioner Lozano and former Commissioner Thomas Gonzales both had vested interests in the issue and should not have voted on the ordinance submitted two weeks ago, adding that Mr. Lozano is a stockholder in K -III and Mr. Gonzales is a stockholder in KORO. Mr. Eugene Clough, representing the Corpus Christi Beach Property Owner's Association, stated this group had been trying for a year to learn who the stock- holders of CATV, were since they had instructed their attorney to file a law suit against CATV regarding the construction of an antenna tower on Corpus Christi Beach. City Manager Townsend advised that this information was on file and available several months ago to Mr. Clough's organization. FIRST READING AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY ADDING THERETO AN ITEM WHICH WILL HAVE THE EFFECT OF PRO- HIBITING PARKING AT ALL TIMES ON THE EAST SIDE OF EVERHART ROAD, FROM WILLIAMS DRIVE TO HOLLY ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, Gill, Gulley, Lozano, de Ases and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE WITH THE UNITED STATES OF AMERICA FOR USE BY THE FEDERAL AVIATION ADMINISTRATION OF AN AREA AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR INSTALLATION AND OPERATION OF MALSR, INSTRUMENT LANDING SYSTEM SITES, M/M, GLIDE SLOPE AND LOCALIZER FACILITIES, AS MORE FULLY SET FORTH IN THE LICENSE, IN SUBSTANTIALLY THE FORM 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: Luby, Tipton, Gill, Gulley, Lozano, de Ases and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXTEND THE CONTRACT AND LEASE AGREEMENT WITH THE CORPUS CHRISTI COUNCIL OF GARDEN CLUBS, INC. FOR THE USE OF THE GARDEN CLUB BUILDING SITUATED IN CORPUS CHRISTI NATURE CENTER PARK, ADJACENT TO GREELY DRIVE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FORA TERM OF FIVE YEARS, UNDER THE TERMS AND CONDITIONS AS SET FORTH IN THE AGREE- MENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. Minutes Regular Council Meeting May 28, 1975 Page 9 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE "PLATTING ORDINANCE", AS AMENDED, BY ADDING TO SECTION V, SUBSECTION B, A NEW ITEM, TO BE DESIGNATED AS ITEM 10, REQUIRING AS PART OF THE SUBDIVISION IMPROVEMENTS IN THE CITY OF CORPUS CHRISTI, THE INSTALLATION OF RAMPS FOR THE HANDICAPPED AND BICYCLE USERS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". RESOLUTION NO. 12618 FINDING THAT IT IS IN THE BEST INTEREST OF THE CITY OF CORPUS CHRISTI TO ENCOURAGE THE DEVELOPMENT OF A NEW LOCAL STATION OF SPANISH PROGRAMMING AND FINDING THAT THE PLANS OF THE CATV FRANCHISE HOLDER TO IMPORT STATIONS FROM MEXICO ARE CONTRARY TO THIS INTEREST; INSTRUCTING THE CITY MANAGER TO SO INFORM THE FEDERAL COMMUNICATIONS COMMISSION AND THE FRANCHISE HOLDER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 12619 AMENDING THE CITY BUDGET; APPROPRIATING $13,635.98 OUT OF THE N0. 245 AIRPORT BOND FUND FOR THE CONTRACT WITH W. E. RACKLEY MUDJACK SYSTEMS FOR CONSTRUCTION OF THE INTERNATIONAL AIRPORT COMMERCIAL CONCRETE APRON REPAIRS, THE PROJECT NO. 245-68-21; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12620 AMENDING THE CITY BUDGET; APPROPRIATING $1,743.90 OUT OF THE N0. 220 STREET BOND FUND TO SUPPLEMENT SUMS PREVIOUSLY APPROPRIATED FOR THE CITY'S SHARE OF COST FOR THE CONSTRUCTION OF VIOLET ROAD (F.M. 24) FROM LEOPARD STREET (LOOP 407) TO I.H. 37, WHICH ROADWAY HAS BEEN JOINTLY CONSTRUCTED BY THE CITY AND THE STATE, SAID APPRO- PRIATION TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND N0. 927, APPLICABLE TO PROJECT N0. 220-70-116; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 12621 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE ESTATE OF J. L. SCOGIN, DECEASED, TO TEMPORARILY PARTIALLY CLOSE AN EASEMENT AT THE CORPUS CHRISTI INTERNA- TIONAL AIRPORT, SAID EASEMENT BEING DESCRIBED MORE FULLY IN DEED OF RECORD IN VOLUME 841, PAGE 601, DEED RECORDS OF NUECES COUNTY, TEXAS, THE TERMS AND CONDITIONS OF SAID AGREEMENT BEING IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting May 28, 1975 Page 10 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12622 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, SUBSTANTIALLY IN THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY CONTRACTS AND RELATED DOCUMENTS TO PROVIDE FOR THE CONTINUATION OF THE 701 COMPREHEN- SIVE PLANNING ASSISTANCE GRANT IN THE AMOUNT OF $73,000 TO BE MATCHED WITH $39,363 IN LOCAL FUNDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12623 AUTHORIZING THE CITY MANAGER TO SUBMIT A C.E.T.A. TITLE I GRANT MODIFICATION FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO THE DEPARTMENT OF LABOR FOR AN INCREASE OF $65,925 DEOBLIGATED MDTA 1974 FUNDS FORA NEW TOTAL OF $3,473,880, 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 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED DOCUMENTS NECESSARY FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". RESOLUTION NO. 12624 DESIGNATING THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI AS THE PUBLIC HOUSING AGENCY RESPONSIBLE FOR CARRYING OUT FUNCTIONS NECESSARY TO IMPLEMENT AND ADMINISTER THE HOUSING ASSISTANCE PAYMENTS PROGRAM UNDER TITLE II, SECTION 8, OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". City Secretary Read stated that according to his tabulation, all ordinances voted upon passed unanimously. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jack Pedigo, attorney representing Mr. Jesse D. Hall, reported that on January 10, 1974 his client was arrested for speeding and received harsh and abusive treatment from the arresting officer. He stated he was thrown to the ground, handcuffed, taken to the Police Station, fingerprinted, charged with disorderly Minutes Regular Council Meeting May 28, 1975 Page 11 conduct, and released on recognizance. He stated that at the time of the arrest, for some reason for which he did not understand, two other police cars arrived at the scene, the conversations became quite heated, and he was advised by the officer that the conversation was being taped. He stated his client had always been a law abiding citizen never having been arrested or convicted of any crime. Mr. Pedigo stated his complaint was that 30 days later when the case came to trial, it was discovered that the tapes had been destroyed. He requested that this incident be investigated and find out why these tapes were deseroyed while the case was still pending. City Manager Townsend stated he was aware of this complaint, that an investigation would be made and a full report made to the Council. He explained that it is standard procedure to erase tapes after 30 days for re -use, and he could understand how these tapes could have been erased without there being any intentional wrong action involved since these cases are normally filed promptly, usually the next day. Mr. Bill Granberry, attorney representing Mr. John Miller, owner of three lots in Flour Bluff on Anchor Street, appeared and appealed to the Council that the City's offer of $19,900 was not sufficient compensation for Mr. Miller's property in view of the sequence of events involved in the case. He reviewed these events in support of the claim that he should be paid an amount equal to what the appraisal would have been at the time the City announced it would acquire the property as part of the Naval Air Station Crash zone program. He stated the amount should be more in the area of $40,000. He furnished the Council with a written statement of alleged facts pertaining to the history of the case. Mr. Granberry explained that Mr. Miller had not been familiar with condemnation proceedings and had been confused by the announcement in the newspaper that it was to be acquired by the City. He stated for that reason, he had permitted the units to be damaged by vandals because he saw no need to spend money on repairs if it was to be condemned. He conceded this was possibly a mistake on Mr. Miller's part, but because the acquisition intentions had been confirmed by the City Right of Way staff, and he had not been advised excactly what the City's plans were, he feels the City should be held responsible and the appraisal should have been based on the condition of the property at the time Mr. Miller learned it was to be acquired. (Council Exhibit #3-75) City Manager Townsend briefed the Council with background information concerning Mr. Miller's complaint, stating that the previous Council had authorized Minutes Regular Council Meeting May 28, 1975 Page 12 acquisition of property within the crash zones of the Naval Air Station, but it was never contemplated that the acquisition would take place by condemnation, but was to give the property owners an opportunity to sell the land. He explained that this particular piece of property bas been wrapped in confusion and misunderstandings from the beginning, and the prior Council has heard the matter discussed at length on numerous occasions. He stated the staff knows of no way the value could be ascertained before the series of vandalisms took place, and after spending a great deal of time and study with the Right of Way staff and Engineering staff, they have been unable to find a basis for offering more than $19,900. He explained that the City could condemn the property and let the courts decide the value as an alternative, but did not feel the City should be responsible for the manner in which Mr. Miller has handled his business problems. He stated the matter is before this Council in the form of an appeal but he has no other staff recommendation. The Council has one of three actions, take no action, some action which would in some way compensate Mr. Miller for damages, or advise the staff to proceed with condemnation proceedings. Commissioner de Ases stated he was Chairman of the Legal Aid Society, and several months ago Mr. Miller had gone to the Society for counselling; that the Executive Director referred the matter to him to determine if the Society could be involved, and it was decided, under their guidelines, this could not be done. Mr. de Ases stated he feels that under those circumstances he should disqualify himself on any Council action on this matter. Motion by Gulley, seconded by Sample and passed, that the City's offer of $19,900 for purchase of Mr. Miller's property be allowed to stand. Mr. Armando Caceres, president of the Corpus Christi Firefighters Association, appeared and requested leave of absence with pay to attend the Labor Law School at St. Edwards University in Austin, from June 1-6, 1975. He stated he would like to attend this meeting because it would help him as a firefighter and, as representative of the 220 members of the local firefighters union, to better understand the mechanics between labor and management relations and to get information on collective bargaining for firemen and policemen. He stated he feels he should be granted leave with pay under Article 1269m, Section 22, and is not requesting reimbursement for tuition or travel expenses. City Manager Townsend explained that he had denied the request on the basis that it does not meet the requirements for leave with pay and the matter is not properly before the Council. He provided the Council with a copy of his Minutes Regular Council Meeting May 28, 1975 Page 13 memorandum to Chief Carlisle, dated May 28, 1975, in which he advised that the request does not meet the requirements for leave with pay or without unless he can provide additional information to indicate that the program is primarily for firemen or is specifically designed to improve the student's capacity to serve as a fireman. He stated he finds nothing in the tentative agenda to support the concept that the school is designed in any way to improve the department or improve working conditions; that it was a Texas AFL-CI0 union school and collective bargaining was scheduled for only one of the sessions. Mr. Townsend further explained that leave with pay or reimbursement of expenses is provided only for those training programs and trips specifically provided in the approved annual budget or approved as a substitute trip for other previously authorized travel, and this trip does fall in those categories. He pointed out that approval of this request would open the door for the other 2800 City employees to make similar requests and set a precedent which could present many problems. Mr. Caceres stated he is requesting leave with pay because he feels it is a just request, but will attend the school at his own expense if the request is not grante He stated he knows of no school that would train him in collective bargaining. He stated he had followed established procedures, but Chief Carlisle had not answered his letter, thus he is making his appeal to the Council. Mayor Luby called for a motion to grant the leave as requested. Motion by Lozano, seconded by Gill and passed, with Luby, Lozano, Gill and Tipton voting "Aye", and Sample, de Ases and Gulley voting "Nay", that Mr. Caceres be granted leave with pay to attend the Labor Law School in Austin June 1 through 6, 1975. City Manager Townsend reported that there were pending appointments to two boards of current concern to the Council, the Coastal Bend Council of Governments and the Community Action Board. Motion by de Ases, seconded by Lozano and passed, that the following members of the City staff be designated to represent members of the City Council on the Nueces County Action Meeting of May 29, 1975: Mr. Tom Basile Mr. Archie Walker Mr. Juan Bosquez Mr. Homer Martinez Mrs. Pat King Mr. Ernest Briones Board, and that they be seated at the Annual Board Mayor Jason Luby Council Member Bob Gulley Council Member Ruth Gill Council Member Gabe Lozano, Sr. Council Member Edward'J L. Sample Council Member Eduardoade Ases Minutes Regular Council Meeting May 28, 1975 Page 14 Motion by de Ases, seconded by Gulley and passed, that the Coastal Bend Council of Government appointments be deferred for one week. There being no further business to come before the Council, motion by Lozano, seconded by Tipton and passed, that the meeting be adjourned at 6:00 p.m., May 28, 1975. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 7, 1975 to May 28, 1975, inclusive, and having been previously approved by Council action, are by me hereby approved. JAS(YB LUBY, Mayor City of Corpus Christi, Texas