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HomeMy WebLinkAboutMinutes City Council - 06/25/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 25, 1975 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager 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 S. R. Love, Associate Pastor of Faith Temple Assembly of God Church. City Secretary Bill G. Read called the roll of those in attendance. Mayor Luby announced the issuance of proclamations relative to the following: NATIONAL SAFE BOATING WEEK, June 29, through July 5, 1975; and TEXAS JAZZ MONTH, July, 1975. Director of Finance Harold Zick opened and read bids for the City Depository for two years 1975-77, from the following firms: Corpus Christi State National Bank, and Corpus Christi Bank and Trust Company. The bids included fixed interest rates on deposits of $100,000 or more; alternate -floating interest rates on deposits of $100,000 or more; fixed interest rates on deposits of less than $100,000; repurchase agreements; and loans to the City. Motion by Gulley, seconded by Lozano and passed, that the foregoing bids be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mr. Wallace E. Whitworth, Manager of Central Power & Light Company reported to the Council that the average delivered cost of fuel to CPL during June, 1975, was 131.88Q ($1.3188) per MMBTU which represents a slight decrease from the May billing. He pointed out that this decrease does not signal a long- range downward trend. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with related comments and explana- tions, as follows: a. That bids be received at 11:00 a.m., Tuesday, July 15, 1975 for 575 channel markers and 1,000 jiggle bars for traffic channelization and lane delineation. Minutes Regular Council Meeting June 25, 1975 Page 2 b. That a contract be awarded to Parker Brothers Company, Houston, for 18,000 cu.yd. flexible base (mudshell) for the Street Division for $78,300 or $4.35 per cubic yard, on the basis of the only bid received and which is the price charged by this company to other users in the Corpus Christi Bay area. This is the only known supplier of mudshell. The price paid in 1973-74 was $2.25 per or a 93% increase. (Bid Tabulation #35-75) c. That a contract be awarded for one replacement hose tender for installation on a previously purchased cab and chassis for the Fire Department to Commercial Body Company, San Antonio, for the only bid received of $8,239.50. (Bid Tabulation #36-75) d. That a contract be awarded to Malek, Inc., Corpus Christi, to furnish and install two replacement central air conditioning systems at Stevens Filter Plant on the basis of low bid of $2,512.00. Bids were received from two firms. (Bid Tabulation #37/75) e. That the H.E.B. Tennis Center Lighting Improvements be accepted and payment of $49,363 to Mathieu Electric Company, Inc., be authorized. The project included lighting Batteries A, B, E, and the Center Court (12 courts). f. That an adjustment be made in previous appropriations for improve- ments to Greenwood Park and the Softball Complex to utilize bond funds to match federal grant funds for eligible construction under the City's grant with the Department of Housing and Urban Development. $29,532.75 of revenue sharing money was used for the park which should have been used for the Softball Complex. be authorized g. That the contract/with Vestland Development Company, developers of Pharaoh Valley S.E. Unit I, Tract 4, whereby the City will reimburse the developer $6,912.00 as the City's share for oversizing'a sanitary sewer extension in McArdle Road from 8 inches to 15 inches to provide for future use of the sewer line by the area east of Ennis Joslin Road. The City has previously participated in oversizing the line beginning at Nile Drive. Money is available from the 1967 bond election which included sewer service along McArdle from Nile Drive to the Oso. h. That the City contract with First Savings Association, developers of Flyway Subdivision, Unit I, for construction of Everhart Road from Middlecoff Road to Snowgoose Road. The developer will construct the roadway to standards greater than those required in the Platting Ordinance (8" of caliche in lieu of 6" and 4" hot -mix in lieu of 2"). The City will reimburse the developer for the extra cost and for one-half the pavement on the northwest side since the City owns a 92' Minutes Regular Council Meeting June 25, 1975 Page 3 drainage right-of-way abutting this road. An appropriation of $35,381.16 is recommended. i. That the revised proposal from Fairbanks Morse and Company of $104,846.41 be accepted. The proposal for furnishing parts for renovation of the Downtown Pump Stations, impellers for the three 54" pumps at Pump Station A, a complete set of parts for the 54" pump and a complete bowl assembly with related parts for the 36" pump at Pump Station B. Delivery will take approximately 540 days. Authority will later be requested to install the parts and repair the pumps. Only a complete set of parts for one pump is initially being purchased because a more accurate estimate of what parts will be needed to repair the other pumps can be made after the actual condition of one pump is known. These improvements plus the installation of mechanical trash rakes were approved in the 1972 bond election. j. That acquisition of Parcel 65, Bayfront Science Park, from Mr. John G. Mircovich, et al, for $6,800.00 be approved. This parcel is located in Block 71 on Resaca Street, between Water and Chaparral Streets. The purchase price is based on an updated appraisal by Mr. Roy Temple and is $400.00 over the original appraised value. Sufficient appropriations are available for Block 71 to acquire one more parcel in the block. k. That utility easements for the proposed Calallen wastewater trunk main from UpRiver Road to Sharpsburg Road be acquired from Mr. and Mrs. Burley Fellows ($2,000) and Mr. John H. Bradshaw ($325). The easements are generally located off Hearn Road near Perry Lane and will be needed for future sewer extensions toward Highway 77. 1. That the contract for electrical power improvements to the Washington Elementary School (HIALCO) be awarded to Bodine Electric Company for $7,197 and that $11,287 be appropriated. The work covers installation of electrical panels, conduits and outlets, including related expenses, engineering costs for the project consultant, Tom Haggard, and $2,287 to the HIALCO Council for electrical wiring by their contractor and one window air conditioner installed as a part of the Community Development Project. m. That authority be granted for the City as the Administrative Unit of the Manpower Consortium, to execute a modification to an existing CETA, Title I contract with the Texas Employment Commission for reprogramming $78,818, which was allocated to provide 60 micrologic assembler trainee positions, to provide for training 20 welders, 20 fast food servicemen, and 3 LVN's. This change received Consortium approval on April 24, 1975. Minutes Regular Council Meeting June 25, 1975 Page 4 n. That the City reduce its five -mile extraterritorial jurisdiction to enable the City of Port Aransas to annex approximately 601 acres along its present south city limit boundary, and that the City relinquish by contract its extraterritorial jurisdiction only as to the land area within 1/2 mile of the new Port Aransas City limits so Port Aransas may exercise its jurisdiction over the adjacent Mustang Island land area. o. That the City give notice of its intention to issue certificates of obligation in the amount of approximately $2,000,000 to purchase the outstanding assets of Area 1 & 2 of the Corpus Christi Municipal Gas Corporation. The certifi- cates will be retired over 10 years. The Gas Corporation will pay its current bills, retire its $1,330,000 of long term debt, transfer its gas distribution system and its other assets, including accounts receivables over to the City, and then dissolve. The addition of Areas 1 & 2 to the Gas System and the reduction of the total system debt burden should enable the Gas Fund to avoid a 157 rate increase which would otherwise be necessary. p. That authority be granted for the City, as the Administrative Unit of the Manpower Consortium, to execute contracts with the following agencies under Title I of the Comprehensive Employment and Training Act of 1973, as approved by the Executive Board on June 2, 1975: Corpus Christi Independent School District Coastal Bend Youth Services Program American G. I. Forum - Veterans Outreach Program Texas Employment Commission San Patricio CAA - Coastal Bend Rural Job Development Carry Over Funds New Funds $595,207 - 68,533 $409,233 499,455 131,714 LUIAC Educational Service Center 15,683 City of Corpus Christi - Coastal Bend Work Experience Program 643,338 Jobs for Progress, Inc. (SER) 48,252 489,629 City of Corpus Christi - Central Adminis- tration 20,000 177,765 $477,485 $2,621,324 Motion by Gulley, seconded by Tipton and passed, that the City Manager's Reports be accepted, and Items "a" through "p" be approved, granted and adopted, as presented by City Manager Townsend. Minutes Regular Council Meeting June 25, 1975 Page 5 City Manager Townsend presented the tabled matter of the request of Mr. James L. Brozo to install a 24' drive and 76' of trees and bushes in lieu of a 100' of 3' high masonry wall along Holmes Drive between Padre Island Drive and Mt. Vernon. He explained that Mr. Brozo has agreed to contract with the City to construct the screening and maintain it. He further explained that the obligation to maintain the wall was worked out between the original owners of the Padre Staples Mall and the neighbors in 1969. This tabled matter was reconsidered following action to concur with the recommendation as presented during the meeting of June 18 after several persons in the audience voiced objections to the proposal, and the matter was tabled so that both sides of the issue could be present at the same time and present their views. He explained that a portion of the masonry wall which was constructed according to a three-way letter of understanding between the owners, City and adjacent property owners following the granting of a zoning change, has been (possibly in good faith) removed. He stated the matter before the Council is whether or not to waive the requirement for 100' of masonry wall along Holmes Drive and allow a 24' driveway and 71' of hedge in lieu of the wall. He stated there are some very substantial concerns on the part of the staff as to whether or not this is meeting the full intent of the understanding, but the matter is being placed before the Council as a tabled recommendation. Mr. Brozo told the Council that they did in fact tear down the "hideous" looking fence in order to erect a better appearing fence of pittosporum which would be in keeping with the "Beautify Corpus Christi" program and more suitable to that area. He stated he is seeking Council approval to continue what he has already started, and invited the Council to personally inspect what has been done. No one appeared in opposition to the foregoing request. Motion by Gulley, seconded by Sample and passed, that the request of Mr. James L. Brozo be granted to install a 24' drive and 76' of trees and bushes in lieu of 100' of 3' high masonry wall along Holmes Drive between Padre Island Drive and Mt. Vernon. Mr. Townsend commented that a very strong contract has been prepared which provides that should the owner not maintain the planting strip as set forth in the contract, he would voluntarily give up his Certificate of Occupancy, utility connections and health certificate. City Manager Townsend presented for the Council's consideration the ordinances appearing on the agenda with comments and explanations. Minutes Regular Council Meeting June 25, 1975 Page 6 Complaints were heard from four bait stand operators relative to the proposed leases for four tracts of Coastal Public Lands along the John F. Kennedy Causeway. They were Mr. Frank Moore, Parker's Bait Stand; Mr. John Bean, Bean Fishing Pier; Mr. Henry Benson, Rainbow Bait Stand; and Mr. Henry Black, Black's Bait Stand. The complainants protested the provisions in the leases requiring the operators to provide gross income information to the City; the provision requiring increases in rent up to 207 at two year intervals, and provisions that an alternate payment of 1% of the annual gross receipts be paid if it exceeds the basic rental. Also, protested the provision requiring the owners to provide its services to the public and to be open for business 12 hours a day. Mr. Bean stated a resolution had been passed to the effect that the leases would be awarded by negotiations, and he had not negotiated with anyone. They protested the provision that the City would have the option to audit their business, and could not afford to pay any more rent or hire someone to keep the records that would be required. City Manager Townsend explained the reason for the Section regarding the hours was to be assured that the public is served with established hours, but this Section would be rewritten. He stated the Section requiring gross income information was deemed necessary for the City to evaluate the various bait stand sites and make proper decisions on future rentals. The bait stand operators were advised that the leases were being presented for second reading and could be amended after further discussions and before third and final reading. SECOND READING OF AN ORDINANCE RELATING TO CONTROL OF PARCELS OF LAND WHEREIN THERE EXISTS WEEDS OR VEGETATION, DEAD TREES, DEAD BRANCHES ON LIVING TREES, OR OTHER HAZARDOUS WASTE OR REFUSE, WHICH IN THE JUDGMENT OF THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE, CONSTITUTES A FIRE HAZARD; PROVIDING FOR FIRE BREAKS WHERE DEEMED NECESSARY BY THE FIRE CHIEF OR HIS DESIGNATED REPRESENTATIVE; PROVID- ING FOR NOTICES TO THE PERSON HAVING CONTROL OF SUCH LAND OR THE OWNER; PROVIDING FOR A LIEN TO CLEAR THE PREMISES; PROVIDING FOR REMEDIES AT LAW; PROVIDING SEVERABILITY; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING A NEW SECTION, TO BE NUMBERED 9-84, SO AS TO ESTABLISH THE FIVE TRACTS OF LAND OWNED BY THE LOWER NUECES RIVER WATER SUPPLY DISTRICT AT LAKE CORPUS CHRISTI AS GAME PRESERVES UNDER THE JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE TEXAS DEPARTMENT OF PARKS AND WILDLIFE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting June 25, 1975 Page 7 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH ADOLPH WITTNER, DBA WITT'S BAIT AND TACKLE, CONCERNING USE OF TRACT 10 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT WA", 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH FLOYD BEAUREGARD DBA FISHERMAN'S FOLLY CONCERNING USE OF TRACT 7 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH F. J. GRAHAM DBA GRAHAM'S BAIT STAND CONCERNING USE OF TRACT 3 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREE- MENT WITH FRANK MOORE DBA PARKER'S BAIT STAND CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PUSPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE- YEAR LEASE AGREEMENT WITH THE TRACT 16 NEIGHBORHOOD COUNCIL LEASING TO THE COUNCIL THE PROPERTY AT 2835 BLAKE STREET FOR USE AS A COMMUNITY CENTER BY MOVING ONTO THE PROPERTY A BUILDING PRESENTLY OWNED BY THE CENTER, ALL AS SET FORTH IN THE LEASE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed tO its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting June 25, 1975 Page 8 ORDINANCE NO. 12656 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 38-49, PARTICULARLY AS AMENDED BY ORDINANCE NO. 12209, SO AS TO PROVIDE FOR A SCHEDULE OF RATES FOR DRIED SLUDGE AS HEREINAFTER SET FORTH; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVID- ING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12657 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREE- MENT WITH FIRST SAVINGS ASSOCIATION OF CORPUS CHRISTI, DEVELOPERS OF FLYWAY SUBDIVISION, UNIT 1, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR CONSTRUCTING IMPROVEMENTS ON EVERHART ROAD, FROM MIDDLECOFF ROAD TO SNOWGOOSE ROAD, TO PAVEMENT STANDARDS GREATER THAN THOSE REQUIRED IN THE PLATTING ORDI- NANCE AND FOR ONE-HALF THE PAVEMENT SECTION ABUTTING CITY PROPERTY, ALL IN ACCORDANCE WITH THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED -`HERETO, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND $35,381.16, OF WHICH $32,760.34 IS FOR COSTS OF CONSTRUCTION AND $2,620.82 IS FOR ENGINEER- ING, ALL APPLICABLE TO PROJECT NO. 220-72-22; AND DECLARING AN EMERGENCY. The CharterrRule 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. 12658 AMENDING ORDINANCE NO. 12204, DATED JULY 31, 1974, PERTAINING TO THE AWARD OF THE CONSTRUCTION CONTRACT TO J. H. CHAPMAN CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE SOFTBALL COMPLEX IN GREENWOOD PARK, SO AS TO PROVIDE FOR A REVISION IN THE FUNDS APPROPRIATED, AS MORE FULLY SET FORTH HEREINAFTER; AMENDING ORDINANCE NO. 12174, DATED JULY 10, 1974, PERTAINING TO THE AWARD OF THE CONSTRUCTION CONTRACT TO DAN WINSHIP, INC. FOR THE CONSTRUCTION CONTRACT FOR GREENWOOD PARK IMPROVEMENTS, PHASE B, STAGE I, GENERAL CONTRACT SO AS TO PROVIDE FOR A REVISION IN THE FUNDS APPROPRIATED, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERANCE CLAUSE; 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. 12659 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BODINE ELECTRIC COMPANY FOR CONSTRUCTION OF WASHINGTON SCHOOL ELECTRICAL POWER IMPROVEMENTS; APPROPRIATING $11,287 OUT OF THE NO. 162 FEDERAL GRANTS FUND, ACTIVITY 4732, CODE 502, OF WHICH $7,197 IS FOR CONSTRUCTION AND $1,803 IS FOR INCIDENTAL AND RELATED EXPENSES, AND $2,287 IS TO BE PAID TO THE HIALCO COUNCIL OF ELECTRICAL WIRING BY THEIR CONTRACTOR AND FOR ONE WINDOW AIR CONDITIONER INSTALLED AS A PART OF THE COMMUNITY DEVELOPMENT PROJECT; AND DELCARING 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". Minutes Regular Council Meeting June 25, 1975 Page 9 FIRST READING OF AN ORDINANCE PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF PORT ARANSAS OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND, A MAP OF THE SAME, MARKED EXHIBIT "A", BEING ATTACHED HERETO, WITHIN THE OVERLAPPING EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI AND THE CITY OF PORT ARANSAS, AS DEFINED BY ART. 970A, V.A.C.S., TEXAS, BY MUTUAL WRITTEN AGREEMENT, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ART. 970A, V.A.C.S., TEXAS, SECTIONS B AND C; PROVIDING PUBLICATION BY CAPTION; PROVIDING A REPEALING CLAUSE; AND PROVIDING SEVERABILITY. 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". ORDINANCE NO. 12660 AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, A MODIFICATION TO AN EXISTING CETA, TITLE I, CONTRACT WITH THE TEXAS EMPLOYMENT COMMISSION FOR THE REPROGRAMMING OF $78,818, AS MORE FULLY OUTLINED AND SET FORTH IN THE MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE SAID PROJECT; 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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he 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. 12662 AUTHORIZING ACQUISITION OF UTILITY EASEMENTS FROM JOHN H. BRADSHAW AND BURLEY FELLOWS AND WIFE, SHIRLEY FELLOWS, FOR THE CALALLEN TRUNK MAIN - UPRIVER ROAD TO SHARPSBURG ROAD PROJECT, NO. 250-72-5; APPROPRIATING $2325 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH SUM $325 IS FOR ACQUISITION OF EASEMENT FROM JOHN H. BRADSHAW AND THE SUM OF $2000 FOR ACQUISTION FROM BURLEY FELLOWS AND WIFE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the lutes 4-..egular Council Meeting June 25, 1975 - Page 10 following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12663 AMENDING THE CITY BUDGET; AUTHORIZING THE PURCHASE OF CERTAIN PARTS NECESSARY FOR REPAIRS TO PUMP STATIONS "A" AND "B", INCLUDING TRASH RAKES AND 54" AND 36" DIAMETER PUMP PARTS FROM FAIRBANKS MORSE & COMPANY; APPROPRIATING $104,846.41 OUT OF THE NO. 295 STORM SEWER BOND FUND FOR SAID PURCHASE, APPLICABLE TO PROJECT NO. 295-72-1; 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. 12664 AMENDING THE CITY BUDGET; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH VESTLAND DEVELOPMENT COMPANY, DEVELOPERS OF PHARAOH VALLEY SOUTHEAST, UNIT I, TRACT 4, BY THE TERMS CP WHICH AGREEMENT THE CITY WILL REIMBURSE SAID VESTLAND DEVELOPMENT COMPANY IN THE AMOUNT OF $6,912 FOR THE COST OF CONSTRUCTING OVERSIZE SANITARY SEWER EXTENSION IN McARDLE ROAD FROM APPROXIMATELY 1050 FEET WEST OF ENNIS JOSLIN ROAD TO APPROXIMATELY 400 FEET WEST OF THE CENTERLINE OF ENNIS JOSLIN ROAD, IN ACCORDANCE WITH THE TERMS OF THE PLATTING ORDINANCE AND AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $6,912 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, WHICH AMOUNT IS TO BE PAID TO VESTLAND DEVELOPMENT COMPANY UPON SATISFACTORY COMPLETION OF THE SEWER LINE, DESIGNATED AS PROJECT NO. 250-67-54; AND DECIARING 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. 12665 BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION; AND ORDAINING OTHER MATTERS RELATING TO THE SUBJECT; 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. 12666 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH RUSTED RAIL, INC., CON- CERNING SCREENING SHRUBBERY MAINTENANCE ON LOT B, MOUNT VERNON SUBDIVISION UNIT 1, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; 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". City Secretary Bill Read stated that, according to his tabulation, all ordinances voted upon had passed unanimously. Mayor Luby announced the Council would hold the public hearings on four zoning cases scheduled for 3:30 p.m. City Manager Townsend presented Application #475-6, Sam Perkins and Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apart- ment House District on Lot 7, Block 3, Alameda Estates, located on the north side of Walton Place, 239+ feet east of Robert Drive; and Minutes Regular Council Meeting June 25, 1975 Page 11 Application #475-7, Sam Perkins and Charlie L. Bellah, for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on Lot 5, Block 3, Alameda Estates, located on the north side of Walton Place, 314+ feet west of Eldon Drive. Mr. Townsend reported that five letters had been received in opposition 4and two in favor of Application #475-6, and ten responses in opposition and one in favor of Application #475-7; that the opposition was'generally based on the lack of water pressure, narrow streets, no sidewalks, increased traffic, and general deterioration of an established residential area. He stated the two requests were heard simultaneously by the Planning Commission on April 15, 1975 and forwarded to the Council with recommendation 'that both applications be denied. The Planning Staff's opinion was that this is not an appropriate place for housing ' for the elderly as proposed, and recommended denial on both requests. The staff took into consideration the fact that Walton is a very narrow street with no curbs, gutters or sidewalks, there are open ditches for drainage and this area is predominantly single-family. On determination that the applicant was not in the audience, City' Secretary Read stated the applicant had been misinformed that the hearing was scheduled for 4:00 p.m. instead of 3:30, and it would probably be appropriate to temporarily defer the hearings. City Manager Townsend presented Application #575-2, Howell Hydrocarbons, Inc., for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District on 6.0+ acres of land out of the T. M. Lawrence Tract, located on the southwest corner of UpRiver Road and McBride Lane. The request was heard by the Planning Commission May 19, 1975 and forwarded to the Council with the recom- mendation that it be approved as submitted. It was the Planning Staff's opinion that the change to "I-3" would be detrimental to the adjacent residential uses by placing a hazardous use in such close proximity, and recommended denial. Mr. Townsend reported that one letter had been received in response to this hearing in favor and two in opposition. No one appeared in opposition to the foregoing request. Motion by Gulley,, seconded by Tipton and passed, that the hearing be closed. Motion by Tipton, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #575-2, Howell Minutes Regular Council Meeting June 25, 1975 Page 12 Hydrocarbons, Inc., for change of zoning from "I-2" Light Industrial District to "I-3" Heavy Industrial District, on 6.0+ acres of land out of the T. M. Lawrence Tract, located on the southwest corner of UpRiver Road and McBride Lane, be approved as submitted, and an ordinance be brought forward effectuating the change. The public hearing on the two requests of Mr. Sam Perkins and Mr. Charlie L. Bellah, were resumed. Chief Planner Larry Wenger made a colored slide presentation of the two tracts and described the land use and zoning in the surrounding area. He stated the 20 percent rule is in effect on Lot 7 of Application #475-6. Mr. Charlie Bellah, co -applicant explained that apartments are proposed on the subject properties to provide housing for the elderly under a rent subsidy program offered by HUD through the Community Development grant application which was recently approved by the City Council. He cited the difficulty in obtaining sites of adequate size to accommodate such a development, and pointed out that this is in keeping with the City's recommendation that older blighted areas be developed with this type housing. He stated a one-story structure containing 18 single bedroom units is proposed for each tract and that adequate off-street parking would be provided; the tracts are particularly suitable because of the close proximity to shopping facilities, bus lines and parks; and did not feel traffic would be a problem because of the sae of the occupants. He stated there were considerable objections from the neighborhood generally based on their concern about increased traffic and deterioration of property but they felt the one-half million they plan to spend would definitely improve the neighborhood. Mr. Bellah stated he would withdraw Application #475-7, Lot 5, Block 3, and would accept a special permit on Lot 7 subject to a site plan showing 20 units. Mrs. W. J. Tuohy, 4350 Delano Drive; Mr. Marcos E. Hudgins, 414 Eldon Circle; Mr. Alfred Ortiz, 4345 Walton Place; Mrs. Roy Dimbleby, 4325 Walton Place; and Mr. Ronald Reumuth, 406 Eldon Drive; all spoke in opposition generally concurring that this would be an intrusion into an established single-family residential neighborhood; would downgrade property values; would generate traffic congestion; decrease water pressure; add to drainage problems and would be an invasion of their privacy. Mr. James A. Anderson, Assistant State Director of Retired Persons, commented that the image which has been promulgated that elderly persons are not capable of moving about in shopping centers, should be removed. He stated these facilities are definitely needed. Motion by Lozano, seconded by Tipton and passed, that the hearing be closed. Minutes Regular Council Meeting June 25, 1975 Page 13 Motion by Sample, seconded by Tipton and passed, that the recommendation of the Planning Commission be concurred in and Application #475-6 (Lot 7, Block 3, Alameda Estates), and Application #475-7 (Lot 5, Block 3, Alameda Estates), for change of zoning from "R -1B" One -family Dwelling District to "A-1" Apartment House District, on application of Sam Perkins and Charlie L. Bellah, be denied. Mayor Luby announced that at this time the Council would open bids scheduled for 4 p.m. on the construction of the parking lot near the FAA Control Tower at the Airport. The project includes construction of 112 new parking spaces, resurfacing and improvements to the existing lot and redesign of access to the expanded Tower. Director of Engineering and Physical Development James K. Lontos, opened and read bids from the following firms: Heldenfels Brothers; Asphalt Paving & Construction; Paving, Inc.; and King Construction Company. Motion by Gulley, seconded by Lozano and passed, that the foregoing bids be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommendation. Mayor Pro Tem Tipton assumed the Chair in the temporary absence of Mayor Luby and announced the public hearing on Application #575-3E, Coastal Bend Gin Company, for an Exception to the Screening Fence Requirement on the west and south sides of Lot 1, Block 10, Margaret Kelly Land Subdivision, known as the Gin Tract located southwest of the International Airport on the curve of McGloin Road. The request was heard by the Planning Commission on May 19, 1975 and forwarded to the Council with the recommendation that it be approved. The Planning Staff concurred in this recommendation. No one appeared in opposition to the foregoing request. Motion by Gulley, seconded by Lozano and passed, that the hearing be closed. Motion by Lozano, seconded by Gulley and passed, that the recommendation of the Planning Commission be concurred in and Application #575-3E, Coastal Bend Gin Company, for an Exception to the Screening Fence Requirement on the west and south sides of Lot 1, Block 10, Margaret Kelly Land Subdivision, known as the Gin Tract located southwest of the International Airport on the curve of McGloin Road, be approved as requested, and an ordinance be brought forward effectuating the change. ORDINANCE NO. 12667 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 SEH 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 HOWELL HYDROCARBONS, INC. BY AMENDING Minutes Regular Council Meeting June 25, 1975 Page 14 THE ZONING MAP BY CHANGING THE ZONING ON A 6 ACRE PORTION OF LAND OUT OF THE T. M. LAWRENCE TRACT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "I-2" LIGHT INDUSTRIAL DISTRICT TO "I-3" HEAVY INDUSTRIAL 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12668 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 COASTAL BEND GIN COMPANY, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE WEST AND SOUTH SIDES OF PROPERTY LINES OF LOT 1, BLOCK 10, MARGARET KELLY LAND SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Tipton, de Ases, Gill, Gulley,Lozano and Sample, present and voting "Aye"._. tiayor Luby called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Dean Flinn, representing a local group, appeared and presented the Council with a proposed development plan for rehabilitation of a section of the downtown area and requested that the Council cease until July 16 from contacting owners of several old buildings on Peoples, Mesquite and Chaparral about demolition. Mr. Flinn presented artist sketches of what his group proposes to do which consists of a pedestrian mall with restaurants, small shops and entertainment facilities, to be called "Peoples Alley." He explained that there is strong interest from various businessmen but stated they need more time to convince all the owners that the plan will work and that they must have 100 percent cooperation from the owners of the buildings and depends on the owners' willingness to invest in their buildings or sell them. He stated that without any one of these, the project would be doomed. He stated they are asking the City's support in landscaping, redesign of the streets, or anything else the City is willing to contribute, and some commitment of the City's cooperation would be beneficial to all interested persons involved. Mr. Walter Miller, owner of the old building at Kinney and Chaparral, stated he was enghhusiastic about the plan and felt the proposal can be -made to work. He explained that he is presently in the process of refurbishing his building into a market type development. Minutes Regular Council Meeting June 25, 1975 Page 15 City Manager Townsend explained that it now appears only two or three of the buildings considered for demolition would be included under the demolition plan, and apparently will not be possible to finally clear the demolition matter prior to the end of the grant period which is August 1, 1975. The Council agreed to continue with the receipt of bids procedure but would not contact downtown owners regarding demolition until July 15 to give Mr. Flinn and his group time to finalize the plan he presented. Mrs. Erwin Jaloway, representative of the Association for Retarded Citizens, reported that she had submitted to the City Secretary a list of names from which to choose a replacement for Mr. H. H. McCool on the Mental Health and Mental Retardation Board. She stated the three persons suggested are knowledgeable of the needs of retarded people and it is felt any one of them can serve the community and the Board in a very meaningful way. Mr. John Cox, 1634 Paul Jones, Mr. Billy D. Deel, 1926 Merriman, and Mr. David Cadens, 3325 Tahiti, appeared and protested strongly that a group of citizens from these areas in Perry Place and Flour Bluff, had not received the proper treatment from the City's Tax Equalization Board and employees of the Tax Office when they had appeared to discuss their tax problems. They stated they had been required to wait several hours to present their protests regarding tax increases and had been told that the Equalization Board is not responsible to the taxpayers. They inquired as to how this Board is appointed and what qualifications are required. City Manager Townsend responded as to the appointment and operation of the two boards which meets with a City employee who reports to the City Manager. He pointed out that it is difficult for the Board to know how many taxpayers will appear to be heard in any one day which results in long periods of waiting; that the Council or the staff cannot dictate as to how the meetings are conducted, but the Council has the discretion of not reappointing the members. He apologized for any alleged misconduct of City employees associated with the Equalization Board. Mayor Luby stated this matter would be investigated and suggested that a meeting be arranged between the Council and the Equalization Board for the purpose of obtaining a clearer understanding of the procedures. A luncheon a meeting meeting or/prior to the Budget hearing set for 5:00 p.m. June 30, was suggested. Others appearing and complaining of improper treatment by the Board, were Mr. Ed Ostergard, 1925 Merriman, and Col. Lee Freeman, Jr., 1802 Paul Jones. Minutes Regular Council Meeting June 25, 1975 Page 16 Attorney Curtis B. Dyer appeared on behalf of Captain Richard Herschbach of the City Fire Department and requested that the Council reconsider Captain Herschbach's request to the City Manager that he receive his full salary while on injury leave and receiving Workman's Compensation. He stated that $70.00 is being withheld from his compensation each pay period and this represents enforce- ment of an illegal ordinance (No. 8127). He requested that the Council seek whatever guidance necessary from the City Attorney and direct the City Manager to cease and desist this docking process effective June 27, 1975 before he sues the City. Mr. Dyer cited statutes which he stated supported his allegation that the City's ordinance is in conflict with the state law. City Manager Townsend advised the Council that Mr. Dyer's appeal is being improperly placed before the Council, and the claim that Mr. Herschbach is entitled to receive his full salary plus injury leave is a misinterpretation of the law , and that it should be resolved at the courthouse. Relative to the City's acquisition of land near the Naval Air Station, Mr. David Reeves appeared and requested that the Council consider regulating the sale and use of land around all airports over which the City. has control. Mr. Townsend advised Mr. Reeves that provisions for control of structures near the airport already exist. 'Relative to existjng vacancies on the Housing Authority, Commissioner Gulley nominated Mr. Don Shelton for replacement of Mr. James M. Wagner and Mr. Joe A. Adame for replacement of Mr. Oscar Hinojosa. Commissioner Gill nominated Mr. Oscar Hinojosa and Mr. James M. Wagner for reappointment. Commissioner Sample moved that the nominations cease. A poll of the Council reflected that Mr. Don Shelton and Mr. Joe A. Adame were appointed to replace Mr. Oscar Hinojosa and Mr. James Wagner for two year terms on the Housing Authority, by the following vote: Mr. James Wagner: Gill and Lozano voted "Aye"; Luby, Tipton, de Ases, Gulley and Sample, voted "Nay"; Mr. Oscar Hinojosa: Gill, Lozano and Luby voted "Aye"; de Ases, Gulley, Tipton and Sample, voted "Nay"; Mr. Don Shelton: Luby, Tipton, Sample, de Ases and Gulley, voted "Aye"; Gill and Lozano voted "Nay"; Mr. Joe Adame: Gulley, Tipton, de Ases and Sample, voted "Aye"; Gill, Lozano and Luby voted "Nay". Minutes Regular Council Meeting June 25, 1975 Page 17 There being no further business to come before the Council, motion by Tipton, seconded by de Ases and passed, that the meeting be adjourned at 6:25 p.m. June 25, 1975.