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HomeMy WebLinkAboutMinutes City Council - 08/27/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING August 27, 1975 2:00 P.M. 1 PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill Acting City Attorney Michael May Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Jason Luby called the meeting to order in the Council Chamber of the City Hall. The Invocation was given by Reverend Jay Farrar, Pastor ofq.exington Baptist Church. City Secretary Bill G. Read called the roll of those in attendance. Motion by Sample, seconded by Tipton and passed, that the Minutes of the Regular Council Meeting of, July 30, 1975; Regular Council Meeting of August 13, 1975; and of the Special Meeting of August 13, at 3:30 p.m., be approved as submitted to the Council. Mayor Luby announced the issuance of proclamations as follows: JERRY LEWIS TELETHON DAY, September 1, 1975; and TEXAS PUBLIC EMPLOYEES WEEK, August 24 through 30, 1975. Mr. Wallace E. Whitworth, Manager, Central Power 6 Light Company, reported that the average delivered cost of fuel to CPL during August, 1975, was 149.130 ($1.4913) per MMBTU, and that this fuel cost will be applied.to bills rendered after August 25, the September billing. He stated the $1.49 cost reflects an increase of 7.580 over last month; that the fuel adjustment for the $1.49 fuel cost will be $17.03 per 1000 KWH for residential accounts which compares with $16.04 adjustment last month, an increase of .990 per 1000 KWH.t He stated that during August, 1000 KWH on the residential rate cost will be $41.43, and in September, this billing will be $42.47. Mrs. Angela Saxon, representing a committee of interested persons and organizations of the City, appeared and appealed to the Council for support of the Rape Crisis Center. She reported that in 1974 there had been a 24 percent increase of rape crimes over 1973 and that an estimate of up to 75 percent of rape crimes committed are unreported. She explained that one of the primary functions of the Center would be to counsel with the victims and their families and advise them of their rights in court. Judge Mike Westergran, Justice of the Peace, spoke in, support of the Minutes Regular Council Meeting August 27, 1975 Page 2 appeal and requested that this Council join with the many other cities that have made this service available to the community. He stated that from his experience in the system called criminal justice, rape is the most difficult problem from the standpoint of law enforcement because the cases do not get prosecuted and the potential rapists feel they can escape the law. He urged the Council to pursue this matter with diligence. Mrs. Martha Calia, President of the Board of Crisis Intervention, stated she would be the one authorized to sign the contract, but other members of the board and representatives of various committees would be working with the Committee. Mrs. Jo Ann Luckie stated she felt this program would be a tremendous asset to this community and hoped the Council would see fit to lend their support.' City Manager Townsend stated he would have a report and recommendation within the next two weeks. Mr. Robert Wolter, Chairman of the Board of Trustees of the Corpus Christi Public Libraries, appeared and read a resolution signed by members of the Board requesting that the position of Director of Libraries for the City be reclassified from Grade 32 to Grade 36. The resolution pointed out that the salagy paid to the Director of Libraries is lower than that of the head librarian of any community of comparable size in the state and lower than that of the head librarian of any city of 200,000 population in the United States and Canada, and is the lowest of any major City Department head in the City. He stated it was his opinion the low salary paid the Director of Libraries was the reason there has been difficulty in filling the position. (Council Exhibit #6-75) City Manager Townsend explained that the problem is one that is generally consistent with the top positions of the City. He passed out a chart showing the salaries and pointing out that the difference has become compressed in the upper levels. He stated some very able people had been interviewed for the Director of Libraries position and several candidates had offered to move to this City. He stated the salary of the librarian position is no more out of line than most upper level positions when compared with other major cities, and recommended that the Council consider increasing the difference between salary steps among the higher paid positions. Mayor Luby announced the public hearing on Application #775-4, Julio Roldan, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 44, Block F, Los Palmas Unit #2, located on Minutes Regular Council Meeting August 27, 1975 Page 3 the northwest corner of Frio Street and Greenwood Drive. City Manager Townsend explained that the request was heard by the Planning Commission do July 22, 1975, and forwarded to the Council with the recommendation that it be approved. He reported that in response to notices of this hearing, two had been received indicating they were in favor of the change. Chief Planner Larry Wenger described the land use and zoning in the surrounding area, and presented slides of the property and adjacent dwellings. He pointed out that this business was established prior to annexation in 1962 and came into the City as a nonconforming use; that it is completely surrounded with single- family dwellings and vacant properties zoned for residential uses; there is no "B-1" within close proximity; and a relatively new residential subdivision and church tract across Greenwood Drive to the east and southeast. He stated it is the staff's opinion that this use should remain nonconforming since approval would only encourage additional business requests along this street. No one appeared in opposition to the foregoing request and recommendation of the Planning Commission. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Lozano, seconded by Gulley and passed, with Luby voting "Nay" and Gill abstaining, that the recommendation of the Planning Commission be concurred in and Application #775-4, Julio Roldan, for change of zoning from "R -1B" One - family Dwelling District to "B-1" Neighborhood Business District on Lot 44, Block F, Los Palmas Unit #2, located on the northwest corner of Frio Street and Greenwood Drive, be approved as requested and an ordinance be brought forward effectuating the change. 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 a public hearing be held at a Special Council meeting at 3:30 p.m. on September 17, 1975 on the following applications: (1) Sysco Food Systems, Inc. dba Lone Star Food Services Co. - "A-2" to "I-2", located on the west side of North Staples midway between Buffalo and Winnebago. (2) Mr. Kenneth E. Thrailkill - "AB" to "B-1", located on the northwest corner of South Staples Street and Kostoryz Road. (3) Mr. George E. Valentine - "R -1B" to "AB", located,on the south- west corner of Airline Road and Kimbrough Drive. • Minutes Regular Council Meeting August 27, 1975 Page 4 (4) Midas Realty Corporation - "B-1" to "B-4", located on the northwest corner of Everhart Road and South Staples Street. b. That bide be received at 4:00 p.m., September 24, 1975 for the lease of minerals underlying 65.5 acres owned by the City adjacent to Lake Corpus Christi. The lease would provide that: (1) The City have the option to acquire the gas at market value not to exceed $1.50 per MCF. (2) The primary term be 6 months with a bonus of at least $25.00 per acre and a minimum royalty of 3/16ths. (3) Surface use receive approval of the Lower Nueces River Water Supply District. (4) City Land Drilling Ordinance requirements apply except drilling block density and unitization provisions. Unitization of any portion only hold the portion so unitized beyond the primary lease. Bids were previously received last January with a 90 -day lease being awarded to Peter Salpeter Energy Company, Inc., now Major Energy Company. The previous lease has expired and Major Energy Company has asked that they be allowed to bid on a new lease. c. That bids be received at 11:00 a.m., September 16, 1975 for sale and removal of a three bedroom perma-stone over wood siding house at 236 Anchor Street between Navy and Hornet Drives. This property was acquired as part of the Naval Air Station Safety Zones land acquisition project. d. That contracts be awarded to the following firms to furnish the City 1975-76 annual requirements of the items indicated: (Bid Tab #53-75) (5) Corpus Christi Photo Print Company, Corpus Christi - Blue Print Service $ 9,722.39 Alamo Iron Works, Corpus Christi - (Lot I - Warehouse supply items: wire, funnels, small water hose fittings, and other miscellaneous items) 907.55 (Lot III - Warehouse supply items: nails, staples and canvass tacks) 0 977.10 (Lot IV - Warehouse supply items: solder and solder paste) 161.99 Ingram Equipment Company, Corpus Christi - (Lot II - Warehouse supply items: misc. service station accessories) 2,210.64 (Lot VI - Warehouse supply items: plastic garbage cans & liners) 1,271.74 (Lot XII - Warehouse supply items: safety caps, hats, liners and vests) 1,368.12 Briggs -Weaver, Inc., Corpus Christi - (Lot VII - Warehouse supply items: buckets, metal garbage cans and gas and oil cans) Wallace Company, Inc., Corpus Christi - (Lot VIII - Warehouse supply items: water coolers) 2,967.58 1,547.62 Minutes Regular Council Meeting August 27, 1975 Page 5 Norvell-Wilder Supply Co., Corpus.Christi - (Lot IV - Warehouse supply items: grinding discs & wheels, sandpaper and discs and wire brush and wheels) $ 1.682.41 (Lot X - Warehouse supply items: garden and sprinkler hose) 1,098.97 (Lot XV - Warehouse supply items: rubber hip and knee boots) 4,359.85 Royal Industries, Interstate Div., Industry, Calif. - (Lot XI - Warehouse supply items: traffic cones, highway torches and supplies) Southwest Gloves, Inc., Fort Worth - (Lot XIII - Warehouse supply'items: neoprene, lee pr., coated gloves) 5,764.50 381.02 Sweeco, Inc., Corpus Christi - (Lot XIV - Warehouse supply items: raincoats & stormsuits) 5,261.35 (Lot XVI - Warehouse supply items: fire hose (8-50' joints) 779.72 TOTAL ---' $40,462.55 Bids were received from various firms which are not recommended because they do not meet various specifications. Since no complete bids were received on Lot V - warehouse supply items, it is recommended that our requirements of these items (jute, graphite & rubber sheet and packing hooks) be purchased by competitive bids on the open market as needed. Bids were received from 18 firms and a price comparison reveals a decrease of approximately 8.3%. e. That contracts be awarded to General Electric Company, Lynchburg, Va., for 1975-76 requirements of radio parts for G.E. radios and accessories on the basis of low bid as follows: (Bid Tab #54-75) Discount off Price List: Under $ 50.00 No discount $ 50.01 - 150.00 10% 150.01 - 400.00 15% 400.01 - 1,000.00 20% 1,000.01 - and up 25% and to Motorola, Inc., Dallas, for annual requirements of radio parts for motorola radios & accessories on the basis of the only bid received of no discount off price list. Two bids were received for the G.E. parts. f. That the public hearing on the assessments for the Molina Area Street Improvements, Unit II, Part "A", including: (1) Barrera Drive, Bloomington Street to Horne Road (2) Angela Drive, Bloomington Street to Horne Road (3) Elvira Drive, Bloomington Street to Horne Road (4) Lolita Street, Elvira Drive to Columbia Street, and (5) Mendoza Street, from Elvira Street to Columbia Street be closed and the corrected assessment roll be adopted in the amountoof $160,254.15. It is further recommended that the construction contract be awarded to Glaser Minutes Regular Council Meeting August 27, 1975 Page 6 Construction Company, Inc., for $490,516.17 and $520,000.00 be appropriated for the contract and related expenses. g. That a 7.3 acre site at the northwest corner of Waldron & Graham Ads. be acquired from I. B. Magee and W. E. Gaskins for $75,000.00 and $75,437.50 be appropriated, including related costs for the Flour Bluff satellite health clinic, park and pool, and relocation of the utility pay station now located at Waldron Road and Lakeside Drive. The cost of the site will be charged to the Health Clinic ($20,000) and the park project ($55,437.50). Both projects are from the 1972 bond election. h. That values for 18 parcels be approved and acquisition be authorized in connection with the Oso Sewer Plant Land Acquisition Project. Four parcels are located in Block 2 and fourteen in Block 3 of Edgewater Terrace Subdivision along Del Oso Road across from the Oso Golf Course. i. That a change order for $33,050 be authorized on the Health Center Project to include the following items which were included in the bid but not originally awarded: (1) Site work outside the bounds of the Health Center:site and related to the paving and concrete work required to coordinate the Health Center improvements with the Greenwood Branch Library and the Senior Citizens Center for $26,400 (2) Site lights, conduit poles and fixtures within the area above for $1,950, and (3) Landscaping of the area above for $4,700. The cost is recommended to be financed from revenue sharing interest and the balance of the allocations for bayfront pump improvements and bus shelters. The UMTA grant will now provide the bus shelters. j. That the request of the Teachers Credit Union to delete the sidewalks on the street adjacent to their property between Padre Island Drive and Trojan Drive be denied and that the sidewalks be constructed in accordance with the requirements of the Platting Ordinance. k. That because of unresolved questions regarding the sanitary sewer trunkline under McArdle Road the priorities established for McArdle and Airline Street Improvements under the Urban Systems Program be changed and that these streets be placed in the second year schedule and that in lieu thereof, the projects for Starlite Lane from Leopard Street to Sunny Drive. North Staples Street, from I.H. 37 to North Broadway, and Leopard Street from North Broadway to Palm Drive, be moved ahead of McArdle and Airline Roads. Minutes Regular Council Meeting August 27, 1975 . Page 7 1. That subsection 4.5 of the Land Drilling Ordinance be amended to change the requirement from 200' to 175' as the minimum distance from cemeteries and parks for the location of a new well to be drilled. In 1974, Kelly Bell submitted an application to drill a well 175' from Rose Hill Cemetery. The appli- cation was denied by the Petroleum Superintendent because at that time the minimum distance was 400'. The City Council granted a variance allowing the well to be drilled and amended the ordinance to reduce the minimum to 200'. Because of a shortage of steel and drilling rigs, the well could not be drilled and the permit expired. m. That a contract be approved with Goals for Corpus Christi Committee for $25,000 for the provision of citizen participation and development of goals for Corpus Christi. The 1975-76 budget provides $25,000 for this purpose. n. That authority be granted to sign a contract with the State Depart- ment of Highways and Public Transportation for reimbursement of Section 112 funds to the City, as the Metropolitan Planning Organization, for completion of planning work authorized by the approved Unified Work Program for fiscal year 1976. Section 112 will provide $83,288 in planning funds to support the urban transportation planning process. The City was redesignated as the Metropolitan Planning Organize - tion for the Corpus Christi Urbanized Area by the Governor's Office on July 2, 1975. o. That authority be granted for the City as the administrative unit of the Consortium to: Submit a grant request of $1,958 to the Governor's Office of Migrant Affairs for travel expenses for three outreach workers previously hired under an agreement with the Office to conduct a survey on the location of migrant workers and services provided to them in the Consortium area and to apply for an additional $3,264.75 to extend the contract from August 31, 1975 to April 14, 1976. P. That contract modifications be approved with the Corpus Christi Independent School District increasing the Title VI Comprehensive Employment and Training Act Contract by $60,800 from $141,500 to $202,300. The number of positions would be increased from 24 to 37. The additional 13 positions would be funded for 9 months through May 31, 1976 and be utilized to provide school safety personnel at 13 designated street locations and schools throughout the City. Money will be Minutes Regular Council Meeting August 27, 1975 Page 8 available as a result of reprogramming several current Title VI positions and from personnel turnover in the program. q. That authority be granted for the City, as the Administrative Unit of the Manpower Consortium to execute a 1976 CETA, Title II, contract with San Patricio County for $65,762 for 12 public service employment positions as approved by the Executive Board on July 17, 1975. r. That authority be granted for the City, as the Administrative Unit of the Manpower Consortium to execute a 1976 CETA, Title II contract with Nueces County for $16,508 for six public service employment positions as approved by Executive Board on July 17, 1975. s. That a 10' utility easement between Lots 1 and 4, Block 3, Country Club Estates Unit 19, located at the, southeast corner of Everhart Road and Saratoga Boulevard be abandoned. There are no utilities located in the easement and the affected departments concur. Mr. Paul Knapp, attorney, 13717 La Entrada, spoke representing the Flour Bluff Business Association, and stated that residents of Flour Bluff are resentful of the fact that funds have been available since 1972 for purchase of the land for the Flour Bluff satellite health clinic; for two years those funds have eroded considerably, and what is obtainable today is far from what was available in 1972. He urged the Council to take immediate steps to acquire this land. Mr. Knapp also questioned the validity of the staff's appraisal of the land, and requested that this appraisal be made public for review. He stated they feel the project is urgent but not so much that an exhorbitant price should be paid for the land. He inquired if there had been alternative sites considered and whether or not those sites eliminated were less desirable and for what reasons. He asked that no action be taken on this recommendation today and that it be placed on subsequent Council agenda so interested groups may enter into the discussions on the appraisal of the land. City Manager Townsend pointed out that there had been a number of public hearings on this matter; that the appraisal was a staff appraisal; that attempts had been unsuccessful in obtaining an official appraisal, and he would be happy to have the staff discuss the appraisal with those interested. So far as the time- table, he pointed out that this was a five-year bond program which is often misunderstood by many people. Father Freeman, representing the Flour Bluff Civic League, urged immediate Minutes Regular Council Meeting August 27, 1975 Page 9 action to proceed with the construction of this facility, pointing out that it meets the needs of residents of Flour Bluff and most everyone is in favor of this location. Mr. Jon Held, developer, stated he did not feel $75,000.00 is exhorbitant for this land and that it was particularly advantageous since it is tied in with the existing park area that can be utilized in conjunction with the facility. He stated the price is the prevailing market price in that area and any competent appraiser would support the opinion. Mrs. Dona Shirley, pointed out that many sites have been considered; a great deal of effort had been expended by the staff before making this recommenda- tion; and that it is agreeable by all parties concerned and Flour Bluff residents are supporting it 100 percent. After due consideration to place the ordinances pertaining to the fore- going items "g" and "i" on three readings, Mayor Luby announced that only the ordinance pertaining to the change order for $33,050 to the contract with Lambert & Fondren to include some additional miscellaneous items, be read for three times. Relative to the foregoing recommendation "j", Mr. A. C. Doty of the Teachers Credit Union, spoke in support of this organization's request to delete the sidewalks on the street adjacent to their property between Padre Island Drive and Trojan Drive. He stated they want to comply with all regulations of the Platting Ordinance but could not see the reasoning for spending $5,000 to construct a sidewalk that would not be used. City Manager Townsend explained that the basis for this recommendation is that this land has been zoned for various business and office uses which will generate more traffic, and it is quite possible that future users will not be bound by deed restrictions. He explained that the County has agreed to improve the other side of the street and he strongly recommends that the sidewalks be constructed. Mr. Homer Cazamias, 405 Chase, appeared and complained of excessive utility bills at his residence where he lives alone, stating the charges were exhorbitant, unfair, and he could not understand the percentage being collected for the fuel adjustment. Mayor Luby announced the opening of bids scheduled for 4:00 p.m. for the Brownlee and Staples intersection improvements (1970 bond program) and the extension of Blundell and Dodd Streets td Viola. Bids were opened and read by Chief Engineer Gerald Smith from the Minutes Regular Council Meeting August 27, 1975 Page 10 following firms: Abacus Corporation; Heldenfels Brothers; King Construction Company, and Asphalt Paving & Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Manager for tabulation and recommenda- tion. Motion by Sample, seconded by Lozano 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 presented the pending item of Mr. Elias Martinez's application for change of zoning from "R -1B" to "B-1" on property located on the west side of the 2500 block of David Street north of Francis Street. He explained the request was heard on February 26, 1975 at which time it was tabled for a study of home occupancy businesses and whether such requirements as off street parking and screening fences hindered rather than helped maintain the residential character of the surrounding neighborhood. He explained that the six month time period on this case is expiring and unless some action is taken, it will automatically be denied; that the Planning staff feels that it is better to regulate this type use by special permit as has been done in the past rather than amend the home occupancy section of the Zoning Ordinance. Motion by Lozano, seconded by Gulley and passed, that the foregoing pending item be removed from the Table. Motion by Lozano, seconded by Tipton and passed, that the recommendation of the Planning Commission be concurred in and Application #773-8, Elias Martinez, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lots 2, Block 3, Southwest Heights Addition, be denied but in lieu thereof a special permit be granted for a florist shop subject to approval of the site plan to include off-street parking at the rear of the structure, and an ordinance be brought forward effectuating the special permit. City Manager Townsend presented ordinances appearing on the agenda for the Council's consideration. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8879, KNOWN AS THE "LAND DRILLING ORDINANCE," AS AMENDED, BY AMENDING SUBSECTION 4.5 OF SAID ORDINANCE SO AS TO PROVIDE THAT NO WELL SHALL BE DRILLED AT ANY LOCATION WHICH IS ON OR MORE THAN 175 FEET FROM THE EXTERIOR BOUNDARY LINE OF THE LANDS UTILIZED FOR CEMETERIES OR PUBLIC PARKS; 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, Minutes Regular Council Meeting August 27, 1975 Page 11 Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12764 THIRD READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO ACCEPT AND APPROVE AN EXTENSION OF THE ASSIGNMENT AGREEMENT BETWEEN THE CORPUS CHRISTI BANK & TRUST COMPANY, TRUSTEE, AND BRANIFF INTERNATIONAL AIRWAYS, INC., COVERING FUEL STORAGE AT CORPUS CHRISTI INTERNATIONAL AIRPORT, FOR A PERIOD OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE ASSIGNMENT AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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. 12765 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 BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ELIAS MARTINEZ, BY GRANTING A SPECIAL COUNCIL PERMIT FOR OPERA- TION OF FLORIST SHOP WITH OFF-STREET PARKING ON LOT 2, BLOCK 3, SOUTHWEST HEIGHTS ADDITION, 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". ORDINANCE N0. 12766 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, FOR THE ADMINISTRATION OF SECTION 112 (FEDERAL -AID HIGHWAY ACT OF 1973) FUNDS, WITH THE CITY ACTING AS THE METROPOLITAN PLANNING ORGANIZATION, ALL AS MORE FULLY SET OUT IN SAID CONTRACT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". RESOLUTION NO. 12767 AMENDING RESOLUTION NO. 12444, PASSED AND APPROVED JANUARY 22, 1975, WHICH PERTAINS TO THE PRIORITY SCHEDULE OF STREET IMPROVEMENT PROJECTS TO BE CONSTRUCTED JOINTLY BY THE CITY AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION UNDER THE URBAN SYSTEMS PROGRAM, SAID PRIORITY OF PROJECTS FOR THE FIRST, SECOND, AND THIRD YEAR URBAN SYSTEMS PROGRAM TO BE REVISED AS HEREINAFTER SET FORTH; 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 NO. 12768 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT AMENDMENT AND ALL RELATED DOCUMENTS WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR 13 ADDITIONAL Minutes Regular Council Meeting August 27, 1975 Page 12 PUBLIC SERVICE EMPLOYMENT POSITIONS FOR A TOTAL OF 37 POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AS MORE FULLY DESCRIBED IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12769 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO ACQUIRE A TRACT OF LAND FROM I. B. MAGEE AND W. E. GASKINS FOR THE CONSTRUCTION OF THE FLOUR BLUFF SATELLITE HEALTH CLINIC AND THE FLOUR BLUFF PARK AND POOL ON WALDRON ROAD AT GRAHAM ROAD; APPROPRIATING $75,437.50, OF WHICH $75,000 IS FOR LAND ACQUISITION AND $437.50 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING, THE SUM OF $20,000 BEING OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND, APPLICABLE TO PROJECT NO. 268-72-3, AND THE SUM OF $55,437.50 BEING OUT OF THE NO. 291 PARK BOND FUND, APPLICABLE TO PROJECT NO. 291-72-9; 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. 12770 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 20 THROUGH 23, IN BLOCK 2, AND PARCELS 24 THROUGH 37, IN BLOCK 3, ALL IN EDGEWATER TERRACE SUBDIVISION, IN CONNECTION WITH THE OSO SEWER PLANT LAND ACQUISITION, PROJECT NUMBER 250-61-25.5; APPROPRIATING OUT OF THE 250 SANITARY SEWER BOND FUND $40,000, OF WHICH $35,600 IS FOR LAND ACQUISITION AT APPROVED VALUE AND $4,400 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTIN- GENCIES; 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. 12771 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FISCAL YEAR 1976 CETA, TITLE II, CONTRACT FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, WITH NUECES COUNTY IN THE AMOUNT OF $16,508 FOR THE PURPOSE OF OPERATING A PUBLIC SERVICE EMPLOYMENT PROGRAM, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID 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". ORDINANCE NO. 12772 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A FISCAL YEAR 1976 CETA, TITLE II, CONTRACT FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, WITH SAN PAARICIO COUNTY IN THE AMOUNT OF $65,762 FOR THE PURPOSE OF OPERATING A PUBLIC SERVICE EMPLOYMENT PROGRAM, AS MORE FULLY OUTLINED AND SET FORTH IN THE CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 27, 1975 Page 13 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. 12773 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Barrera Dr. from Bloomington to Horne Road 2. Angela Dr. from Bloomington to Horne Road 3. Elvira St. from Bloomington to Horne Road 4. Lolita from Elvira to Columbia Street; and 5. Mendoza from Elvira Street to Columbia Street, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLEC- TION; 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. 12774 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLASER CONSTRUCTION COMPANY FOR CONSTRUCTION OF MOLINA AREA STREET IMPROVEMENTS, UNIT II, PART "A"; APPROPRIATING $370,000 OUT OF THE NO. 162 FEDERAL -STATE GRANTS FUND, ACTIVITY 4732, CODE 502, COMMUNITY DEVELOPMENT BLOCK GRANT, GRANT NO. B -75 -MC -48-0502, FIRST YEAR PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF AN ACCOUNTS RECEIVABLE FOR SAID $370,000 IN THE N0. 220 STREET BOND FUND TO SUPPLEMENT $150,000 IN EXISTING ALLOCATIONS; APPROPRIATING AND REAPPROPRIATING $520,000 OUT OF THE NO. 220 STREET BOND FUND, OF WHICH $490,516.17 IS FOR THE CONSTRUCTION CONTRACT AND $29,483.83 IS FOR INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO PROJECT NO. 220-72-1.1; 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. 12775 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE GOALS FOR CORPUS CHRISTI COMMITTEE FOR $25,000 FOR THE PROVISION OF CITIZEN PARTICIPATION AND GOALS FOR COMMUNITY IMPROVEMENTS TO BE UTILIZED IN THE DEVELOPMENT AND GROWTH OF THE CITY, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF 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". ORDINANCE NO. 12776 AUTHORIZING AND DIRECTING THE CITY MANAGER: (1) TO SUBMIT AN ADMINISTRATIVE GRANT CONTRACT FOR THE CITY OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO THE GOVERNOR'S OFFICE OF MIGRANT AFFAIRS IN THE AMOUNT OF $1,958.00, AND (2) TO EXTEND THE GRANT CONTRACT UPON TERMINATION ON AUGUST 31, 1975, AND UPON MUTUAL AGREEMENT BETWEEN THE GOVERNOR'S OFFICE OF MIGRANT AFFAIRS AND THE ADMINISTRATIVE UNIT FOR THE PERIOD OF SEPTEMBER 1, 1975 TO APRIL 14, 1976, ALL AS MORE FULLY OUTLINED AND SET FORTH IN THE GRANT CONTRACT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID PROJECT; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting August 27, 1975 Page 14 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". FIRST READING OF AN ORDINANCE AUTHORIZING EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH LAMBERT & FONDREN, INC. FOR CONSTRUCTION OF THE CORPUS CHRISTI HEALTH CENTER, SAID CHANGE ORDER TO PROVIDE FOR ADDITIONAL SITE WORK, INCLUDING PARKING AREAS, DRIVEWAYS, WALKWAYS, LIGHTING, AND LANDSCAPING TO COORDINATE BOTH VEHICULAR AND PEDESTRIAN ACCESS TO THE HEALTH FACILITY, SENIOR CITIZENS CENTER, AND GREENWOOD LIBRARY; CANCELLING THE APPROPRIATION OF $25,660.50 IN THE NOS. 121, 122, 124, AND 125 GENERAL REVENUE SHARING FUNDS ACCORDING TO THE SCHEDULE ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE TRANSFER OF SAID $25,660.50 TO THE NO. 268 HEALTH FACILITIES BOND FUND; APPROPRIATING AND REAPPRO- PRIATING $33,050, OF WHICH $25,660.50 IS OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND AND APPLICABLE TO PROJECT NO. 268-72-1, AND $7,384.51 IS OUT OF THE NO. 269 LIBRARY BOND FUND AND APPLICABLE TO PROJECT NO. 269-67-1. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby, present and voting "Nay". ORDINANCE NO. 12777 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED BETWEEN LOTS 1 AND 4, BLOCK 3, COUNTRY CLUB ESTATES UNIT 19, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Tipton abstaining. ORDINANCE NO. 12778 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 JULIO ROLDAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 44, BLOCK F, LOS PALMAS UNIT #2, SECTION I, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS 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: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby, present and voting "Nay"; Gill abstaining. Mayor Luby called for petitions from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 5426 Union, appeared and filed a written statement of an account of his involvement in a dispute at a local grocery store resulting in his being fasely charged. (Council Exhibit 417-75) His complaint was alleged misuse of our Police Department by some local business establishments in that numerous businesses and self service filling stations are using the Police Department as a Minutes Regular Council Meeting August 27, 1975 Page 15 collection agency. He stated the Police Department was not intended to be used "as a means of helping businesses eliminate help they need with the idea in mind that they can use the Police Department for this help." He requested that the Council investigate this matter. City Manager Townsend stated this would be investigated. Mr. Ed Williams, 221 Stewart Place, stated he was alarmed over the tax increase being imposed on property owners in certain portions of the City and feels the percentages are completely out of line and not in keeping with what the Council would want. He stated it has been his understanding that under our form of govern- ment it is the Council who sets the policy and the duty of the City Manager to carry that policy out, but that is not always the case. He stated he does not think this Council has had anything to do with setting the policy that is being carried out in regard to the Tax Office. Mr. Williams complained that the valuation of his home has been increased 50 percent and his son's home has been increased 72 percent. He stated that the high cost of utility bills and the tax increase being imposed at the same time is untimely and working an undue hardship on residents of the community. He stated thee will be organized opposition and the Council should try to modify some of the increase in taxation. He also complained of codes being used in the City's Tax office indicating certain types of construction which is not clear to the average citizen and not consistently understood by the tax office personnel. He also complained that it is impossible to get an appraised current valuation on properties in the City. Mr. Williams stated he was not making any specific request of the Council but just bringing some facts to their attention. Mr. Grant Jones, Assistant District Attorney, spoke representing District Attorney William Mobley, and stated that office wholeheartedly supports the Rape Crisis Center proposed by a committee and various organizations of the City, stating this would assist his office in the prosecution of these criminal cases. The Regular Meeting was recessed at 4:45 p.m., during which time the Council reconvened the workshop meeting. Motion by Tipton, seconded by Gulley and passed, that the City Manager be authorized to take whatever steps necessary to change the classification of the City Attorney position in order to fill the position immediately with a qualified attorney. Mayor Luby presented the name of Xico Garcia for nomination to serve on the Municipal Industrial Commission. Minutes Regular Council Meeting August 27, 1975 Page 16 Commissioner de Ases asked that Mr. Epple Gonzales of Coastal States Gas Corporation be considered for membership on the Municipal Industrial Commission. No action was taken on either question. Commissioner de Ases requested that the status of pending litigation against the City be furnished the Council. There being no further business to come before the Council, motion by de Ases, seconded by Tipton and passed, that the Regular Council Meeting be reconvened and adjourned at 5:30 p.m., August 27, 1975. I, JASON LUBY, Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of August 6, 1975 to August 27, 1975, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized: August 4, 1975 - Special Meeting 2:00 p.m. August 6, 1975 - Regular Meeting 2:00 p.m. August 6, 1975 - Special Meeting 3:30 p.m. August 13, 1975 - Regular Meeting 2:00 p.m. JA 38' LUBY, Mayor August 13, 1975 - Special Meeting 3:30 p.m. August 20, 1975 - Regular Meeting 2:00 p.m. August 20, 1975 - Special Meeting 7;00 p.m. August 27, 1975 - Regular Meeting 2:00 p.m. City of Corpus Christi, Texas