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HomeMy WebLinkAboutMinutes City Council - 10/15/1975, MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 15, 1975 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill Assistant City Attorney Bob Coffin Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr'. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the temporary absence of • Mayor Luby. The Invocation was given by Reverend Joe P. Reynolds of the Woodlawn Presbyterian Church. City Secretary Bill G. Read called the roll ofthose in attendance and stated that a quorum of the Council and the required Charter Officers were present to conduct a valid meeting. Mayor Pro Tem Tipton announced that proclamations had been issu d in the Mayor's office relative to'the'following: NATIONAL BUSINESS WOMEN'S WEEK, October 19 through 25, 1975; COMMUNITY HEALTH FAIR DAYS, October 24 and 25, 1975; and NATIONAL CATHOLIC DAUGHTERS OF AMERICA DAY, October 19, 1975. For appointment to the Board of Equalization to fill the vacancy created by the resignation of Mr. Odel Ingle, Commissioner Gulley nominated Mr. Robert S. Morgan. Motion by Commissioner Sample and passed that the nominations cease. Motion by Lozano, seconded by Gulley and passed, that the nomination of Mr. Robert S. Morgan to the Board of Equalization be accepted by acclamation and the appointment be approved and confirmed. City Manager Townsend presented the scheduled public hearing on the request of seven property owners, Mr. Carl Duaine, Mr. Ken Lance, Mr. Gabriel W. Falcon, Mr. Leopoldo M. Dalrymple, Mr. H. G. Henry, Mr. Thomas G. Martinez, and Mr. Antonio Abarca, to close a 15' alley in Block 8, Bayview No. 2 bounded by Craig, 14th, Buford and Brownlee. He explained that if the alley is closed the width will need to be retained as a utility easement since a gas and CP&L service line are located in the alley. He stated the request had been circulated to the various affected departments of the City for their comments and with the exception of the Fire Chief, there was no objection providing the easement is retained for the existing utility lines. Minutes Regular Council Meeting October 15, 1975 Page 2 It was the opinion of the Fire Department that the alley could be used in fighting a fire in at least 3 dwellings, one of them a two—story structure; therefore,they recommended that it be left open. The applicant, Carl Duaine, was not present at this time. City Secretary Read read a message from Mr. Tony Abarca who had called to state that he would be unable to attend the hearing, but that he was in opposition to the closing of the alley because it would deny him access to his property. Mayor Pro Tem Tipton called for anyone from the audience who would like to speak in favor of the closing of the alley. No one appeared. Mayor Pro Tem Tipton called for anyone in opposition. Mrs. Frank Cevera, 4126 Tarpon Place, stated that she owns some apartments at 1510 and 1512 Craig and operates a grocery store at the corner facing Craig. She explained that the alley is used by children and elderly people as a shortcut to go to her store. She would like to see the alley left open so that the people wouldn't have to go around through the s,reets and into heavier traffic to get to the store. In addition, she stated that if the alley were ciosed there would be no room for the people in her back apartments to park their cars because they have to go through the alley in order to put their curs in the back yard. Commissioner Gulley inquired if we knew why the applicants wanted the alley to be closed. City Manager Townsend replied that he did not, and the applicants were not present to so explain. Mrs. Polly Abarca stated that she and her husband, Tony, own property facing 14th Street, Lot 15, Block 8, and that if the alley is closed they would nct have access to their property. She stated that there was not enough space for them to build a driveway to get from the front of their lot to the back, and on that basis they oppose the closing of the alley. The applicant still had not appeared. Motion by de Ases, seconded by Gulley and passed, that the hearing be closed. Motion by Gull ey, seconded by de Ases and passed, that the request to close the 15' alley in Block 8, Bayview No. 2 bounded by Craig, 14th, Buford and Brownlee be denied. Minutes Regular Council Meeting October 15, 1975 Page 3 Mayor Pro Tem Tipton called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations as follows: a. That a public hearing be held on October 29, 1975 on a request to close the unopen portions of Molina and Barrera Drives between Padre Island Drive and Linda Vista Street. The applicant has submitted a ;plat replotting the abutting property as one lot and dedicating the 50' right-of-way of Barrera Drive as a utility easement to accommodate existing 36" and 8" water lines. b. That bids be received at II a.m., Tuesday, November 4, 1975 for the following budgeted items: I . Four sets of school speed limit flasher assemblies. 2. Dust control and shop towel service fora period of one year for various City operations. 3. 600 replacement metal folding chairs for the Coliseum. c. That bids be received at 11 a.m., November 4, 1975, for the following budgeted items for the Water Division: I . Four additional electromagnetic bin vibrators for the Stevens Filter Plant to move chemical from the storage hoppers to chemical feed machines. 2. Four replacement pneumatic controllers and eight replacement non -indicating differential flow transmitters for the two filter plants to control the feed of chlorine into the water. 3. Three replacement chlorine residual analyzers and transmitters, and two replacement circular chart recorders for the Stevens Filter Plant used to control the mixture of chlorine and ammonia in water. d. That bid award for one replacement 50 -ton low boy equipmen: trailer for the Street Division be made to WHERING-GOSS EQUIPME NT CORPORATION, Corpus Christi on the basis of low bid of $14,532.85. Bids were received from 7 firms. Price comparison reveals an increase of 166% since the last purchase in 1967. (Bid Tab 064-75) e. That all bids received for a new or used communications monitor for the Radio Shop to measure frequency deviations be rejected and a unit which has been leased for the past three months from Motorola be purchased for $5,354. No bids were received far a used unit and the apparent low bids of $3,511 .40 and $4,947 by Anderson Associates and Cushman Electronics, Inc. respectively for a new unit did not meet specifications because the plug-in compartments will not Minutes Regular Council Meeting October 15, 1975 Page 4 accept the accessory equipment currently used by the Radio Shop as required in the specifications. Purchase of accessory equipment which would plug into the models bid by these two companies would cost more than would be saved by purchasing their units. The only other bid was from Motorola for a new monitor at a price of $5,699. (Bid Tab 1165-75) f. That the following actions be taken regarding the extension of sanitary sewer trunk lines to the Calallen area: 1. That the plans and specifications for the construction of Sewer 35-A along Sharpsburg Road from Up River Road to Cynthia Drive and Sewer 32-A from Up River Road to I.H. 37 be approved and bids be received on November 12, 1975; 2. That $8,400 additional be appropriated for engineering by McCaughan and Etheridge for the design of the Calallen Interceptor Sewer Line. The original appropriation did not include engineering on both the line to the Brookhaven area and to the River Forest area. Although money is not available for both extensions at this time, the plans have been completed. Three major sections have been designed, the first of which is presently under construction. g. That an architectural contract with Page, Southerland, Page & Whittet be authorized providing'for the design of certain items related to security and baggage handling at the concourse and within the main terminal area at the Corpus Christi International Airrort. The work included is as follows: I. Closing of the north side of the concourse from Gates 1 & 2 to the terminal and from the terminal to Gates 5 & 6. 2. Closing of a portion of the interior of the main terminal to accommodate security check-in procedures. 3. Installing an electrically operated baggage turntable in the baggage claim area. An appropriclion of $8,500 is necessary for architectural fees on the project. h. That the appraised values for two parcels on Corpus Christi Beach be approved and $39,000 be appropriated to cover cost of acquisition and closing expenses. The two parcels are located east of N. Shoreline between Breakwater Avenue and Bridgeport Avenue. The owner of Parcel No. 1 has signed a real estate sales contract within the appraised value. The parcels are needed for the beach restoration project. i . That the General Fund be reimbursed $41,980.38 for engineering services provided on various bond fund projects during August, 1975 and that $22,881 be appropriated to supplement $19,099.38 in existing appropriations for this purpose. Minutes Regular Council Meeting October 15, 1975 Page 5 I. That the City redeem the $7,105,000 outstanding water revenue bonds on December I, 1975 by advance refunding. Proceeds of the sale of Corpus Christi Junior Lien Water Revenue Bonds to the Texas Water Development Board at an approximate effective interest rate of 4.1037% will be placed with the existing trustee, Mercantile National Bank at Dallas in an amount sufficient to pay the bonds and interest as they mature. k. That Transit fares be revised to comply with requirements to qualify fora Federal transit subsidy grant as follows: 1. Amend the senior citizen rate to $.10 for the first zone and $.05 for each additional two zones or part thereof. Present fee is $.15 for all zones. 2. Provide the same fare for handicapped as for senior citizens. In addition, the City will rely upon cooperation from existing community agencies who serve the handicapped to certify those who meet the handicapped criteria. I. That a revocable easement be granted to the Corpus Christi independent School District for the installation of a flag pole in the sidewalk in front of the School District Administration Building on Leopard Street. m. That approval be granted for the transfer of the franchise granted by Ordinance No. 11838 from Impact Advertising Company, Shreveport, Louisiana, to Litter -Les, Inc., a Texas corporation based in Houston. The franchise authorizes the placing of 100 trash cans containing advertising within the public right of way for a period of two years ending February 18, 1976, at which time the trash cans become the property of the city. n. That compensction of the Board of Equalization be increased from the present rate of $50 per day which has been in effect for over 25 years to $100 per day. o. That 1,350 square feet of office space be leased for two years from the Nueces Trust Company at 311 South Shoreline at 374 per square foot to provide additional City Hall office space. The current lease for 514 square feet of office space at 3l4 per square foot for the Human Relations and Equal Employment Opportunity staff expired on September I, 1975 and is on a month- to-month basis. Initial renewal lease discussions with the Nueces Trust Company were for 1,700 square feet at 374 per square foot. This recommendation was submitted tc the City Council on August 20, 1975 and approved. The finalized proposed lease eliminates 350 square feet of space designed primarily for storage. The 374 per square foot includes the cost of utilities and needed interior remodeling. _ Minutes Regular Council Meeting October 15, 1975 Page 6 Commissioner de Ases suggested that the Council postpone any action on Item "n" which would increase the compensation for the Board of Equalization to $100 per day until we have conferred with the school system, who also has 3 members on the Board, so that all members will receive the same rate of pay. It was decided to withdraw the ordinance pertaining to same. Relative to the foregoing recommendation "g", Commissioner de Ases inquired if the proposed work would change the system of checking passengers while they are on their way to the airplane from the present procedure. City Manager Townsend replied that he is very much aware that there is a current problem. He stated that the fact that the machinery will be brought inside will eliminate some of the complaints. He a:so informed the Council that the security -checking employees are hired by a private contractor and that even the airlines do not have control over them. Commissioner de Ases inquired regarding the foregoing recommendation "k" how the passengers would be advised that they are el igible for lower rates. } City Manager Townsend replied that they would need to establish a system for this. He explained that the community agencies will notify the people and that it will be advertised. He further explained that a handicapped person will have to show a card which he can obtain through the local agencies to be eligible for the half fare; that the bus driver will not determine if a person is handicapped and can ride at the half rate. Mayor Luby called for any discussion from the audience regarding any items on the City Manager's reports. Mrs. Elizabeth Price, 4309 Loma Alta Road in Calallen, spoke relative to recommendation "k" regarding bus fares. She asked for clarification as to what would be the first zone, the second zone, etc.; how the people would know. City Manager Townsend explained that there is a post on both sides of the road where the zone lines change and that the zones are designated on the bus schedules which the bus drivers have available to hand out. Mrs. Price then questioned how much the fare would be if they get on the bus in Calallen and ride to the Padre -Staples Mall. She stated that many of the senior citizens living in her area take the bus to the Mall to do their shopping, and that it presently costs 15 one-way. She stated that any increase in the fare, even though only a nickel or dime, would be objected to by the senior citizens because they must watch their money very carefully. Minutes Regular Council Meeting October 15, 1975 Page 7 It was determined that the proposed change in rates would increase the cost for the above-mentioned trip. Therefore, it was decided to amend recommendation "k" and the corresponding ordinance to read, "Amend the senior citizen rate to $.10 for the first zone and $.15 for any ride involving more than one zone." Mr. David Saenz appeared relative to Item "n" wherein it is recommended that compensation of the Board of Equalization be increased from the present rate of $50 per day to $100 per day. He stated that in view of the fact that the City is faced with a financial crisis and in need of money, there is no justification for the $50 increase in compensation. Also, Mr. Saenz reminded the Council that he had not had a satisfactory answer to his complaint of a few weeks ago that residential property in the City is not being assessed equally. City Manager Townsend pointed out that the Board of Equalization has been paid at the rate of $50 per day for at least 25 years. He stated service on this Board is difficult and time- consuming, particularly the past few months. He explained that when they are in session only one-half day, the pay will be cut in half. (Mayor Luby arrived at this time.) Motion by Sample, seconded by Lozano and passed, that the City Manager's Reports be accepted, with Item "k" as amended, and Items "a" through "o" be granted, approved and adopted as presented by City Manager Townsend. City Manager Townsend presented for the Council's consideration the following ordinances with related comments and explanations, as follows: FIRST READING OF AN ORDINANCE APPROVING THE TRANSFER OF THE TRASH CAN FRAN- CHISE, GRANTED BY ORDINANCE NO. 11838, FROM IMPACT ADVERTISING COMPANY OF SHREVEPORT, LOUISIANA; TO LITTER -LES, INC. 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". SECOND READING OF AN ORDINANCE AMENDING CHAPTER 34, CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 34-27 THEREOF, 50 AS TO REGULATE THE CONSTRUCTION OF IMPROVEMENTS ON AND ABUTTING THE PUBLIC RIGHT OF WAY; REGULATING THE LOCATION OF DRIVEWAYS, SIDEWALKS AND APPROACHES TO PRIVATE PROPERTY FROM PUBLIC RIGHT OF WAYS; PROVIDING FOR VARIANCES IN CERTAIN CIRCUMSTANCES; REPEALING CITY ORDINANCE NO. 12068, PASSED AND APPROVED MAY 22, 1974; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. .... nutes Regular Council Meeting October 15, 1975 Page 8 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". ORDINANCE NO. 12849 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21 -68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMIT OF 35 MILES PER HOUR, AT ALL TIMES, ON A PORTION OF SOUTH SHORELINE BLVD., SOUTHBOUND LANES, FROM THE INTERSECTION OF PARK AVENUE TO THE NORTH CURB LINE OF CRAIG AVENUE, AND ON A PORTION OF HORNE ROAD, FROM AYERS STREET TO COLUMBIA DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed ;'Wally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12850 THIRD READING OF AN ORDINANCE AMENDING THE CITY CODE, 1958, AS AMENDED, 'BY AMENDING SECTION 21-153, SCHEDULE 1, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE FRANCESCA STREET, FROM CHIPPEWA STREET TO RUTH STREET, ONE WAY BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M. AND 3:00 P.M. AND 4:30 P.M. DURING SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; PROVIDING SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. 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. 12851 THIRD READING OF AN ORDINANCE AMENDING SECTION 21-131 OF THE CORPUS CHRISTI CITY CODE, ENTITLED "PARKING METER ZONES ESTABLISHED", AS AMENDED, AND PARTI - CULARLY AS AMENDED BY ORDINANCE NO. 12103, PASSED AND APPROVED ON JUNE 5, 1974, BY AMENDING SUBSECTION (e) OF SAID SECTION 21-131 TO HEREAFTER PROVIDE FOR PARKING LIMITED TO THIRTY MINUTES UPON THE DEPOSIT OF A FIVE -CENT COIN, AND ONE HOUR UPON THE DEPOSIT OF TWO FIVE -CENT COINS OR ONE DIME; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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. 12852 AMENDING THE CITY BUDGET; APPROPRIATING THE SUM OF $22,881 AS FOLLOWS: $14,349.73 FROM NO. 220 STREET BOND FUND $ 319.86 FROM NO. 245 AIRPORT BOND FUND $ 3,799.27 FROM NO. 250 SANITARY SEWER BOND FUND $ 75.17 FROM NO. 268 HEALTH FACILITIES BOND FUND $ 364.74 FROM NO. 291 PARK BOND FUND $ 3,972.23 FROM NO. 295 STORM SEWER BOND FUND TO SUPPLEMENT $19,099.38 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED AUTHORIZING REIMBURSEMENT F $41,980.38 '38 TOTHE NO.102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING AUGUST, 1975; AND DECLARING AN EMERGENCY. Minutes Regular Council Meeting October 15, 1975 Page 9 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. 12853 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT WHEREBY SAID GRANTEE MAY UTILIZE A PORTION OF THE PUBLIC RIGHT OF WAY ALONG THE SOUTH SIDE OF LEOPARD STREET, BETWEEN TANCAHUA AND CARRIZC STREETS, FOR TI -E INSTALLATION OF A FLAGPOLE, ALL AS 15 MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL 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. 12854 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PAGE, SOUP HERLAND, PAGE & WHITTET FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF CORPUS CHRISTI INTERNATIONAL AIRPORT CONCOURSE SECURITY BARRIER AND BAGGAGE CLAIM IMPROVEMENTS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $8,500 OUT OF THE NO. 245 AIRPORT BOND FUND, APPLICABLE TO PROJECT NO. 245-68-23; 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. 12855 AMENDING ORDINANCE NO. 11548, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 3, 1973, SO AS TO PROVIDE A MAXIMUM TRANSIT FARE OF I5C FOR PASSENGERS OVER 65 YEARS OF AGE AND FOR HANDICAPPED PERSONS; PROVIDING FOR ADDITIONAL ' ZONE FARES FOR THE CLASS ESTABLISHED HEREIN; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE; 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. 12856 AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1 AND 2, CORPUS CHRISTI BEACH RESTORATION PROJECT; APPROPRIATING AND REAPPROPRIATING $36,536 OUT OF THE 124 GENERAL REVENUE Minutes Regular Council Meeting October 15, 1975 Page 10 SHARING FUND, ACTIVITY 5604, AND $2,464 OUT OF THE 123 GENERAL REVENUE SHARING FUND, ACTIVITY 5604, FOR A TOTAL APPROPRIATION OF $39,000 OF WHICH AMOUNT $38,000 I5 FOR LAND ACQUISITION AT THE APPROVED VALUES AND $i,000 IS FOR INCI- DENTAL EXPENSES RELATED TO CLOSING AND OTHER CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gi II, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12857 APPROPRIATING $8,400 OUT OF THE NO. 250 SANITARY SEWER BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11424 DATED APRIL4, 1973 FOR ENGINEERING SERVICES TO BE PROVIDED BY MCCAUGHAN & ETHRIDGE, CONSULTING ENGINEERS, IN CONNECTION WITH THE DESIGN FOR THE CALALLEN AREA INTERCEPTOR SEWER LINES APPLICABLE TO PROJECT NO. 250-72-5; 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. 12858 CALLING THE CITY'S FIRST MORTGAGE WATERWORKS REVENUE BONDS FOR REDEMPTION PRIOR TO STATED MATURITIES; 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. 12859 AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH NUECES TRUST COMPANY FOR THE LEASING OF A PORTION OF A BUILDING AT 311 SOUTH SHORE- LINE FOR A TWO-YEAR TERM AT A RATE OF $500.00 PER MONTH, FOR USE AS OFFICE SPACE BY THE CITY ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT IN SUBSTAN- TIALLY THE FORM 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 Read stated that according to his tabulation, all ordinances voted upon had passed unanimously. Commissione- Lozano stated that he had received some phone calls complaining about the drilling of a well on Eastgate Drive. City Manager Townsend related that he had had Minutes Regular Council Meeting October 15, 1975 Page 11 a lengthy phone call from a lady who was very distraught; that he believed she was the main person involved in the complaints. City Manager Townsend informed the Council that the well in question does meet the requirement of being situated more than 400' from the nearest residence. He stated that Mr. Franklin, the Petroleum Superintendent, has met with the people drilling the veil; that they are installing new mufflers on the drilling facilities which should help somewhat and that the well is now down through that area where they get the most vibrations from the setting of the casings. He reported that the noise levels from this rig have been measured and found to be well within reasonable tolerances; he distributed a memo to the Council from Mr. James W. Conn III, Petroleum Inspector; to that effect. He reported that he asked two police officers to go by and see if they thought it was excessive noise or not; they determii.ed that in that particular neighborhood which is very quiet it was a high noise level, and in that neighborhood it was probably disturbing. He stated that he had personally driven into the neighborhood and the loudest noise he encountered there was a lawnmower; but that at night people sleeping in their residences 400-450' away with their windows open are probably disturbed by the noise. Commissioner Lozano verified that from his conversations the people had scid that during the day they don't mind the .ioise but it made it difficult to sleep at night. The City Manager stated there was no simple solution to the problem at this point because he had been advised by Petroleum Superintendent Harry Franklin that it was not safe to interrupt the drilling operations at this tine. Commissioner Gill stated that if it is primarily bothering just one lady perhaps an air conditioner could be rented for her so she could close the windows at night to sleep. Mayor Luby called for petitions or information from the audience on matters not 'scheduled on the agenda. Mr. O. S. Jaramiilo, 2331 Birmingham, read and presented a petition, #8-75, from residents in Airline Gardens and neighboring homes requesting the installation of a sewer system in their area. He stated that during heavy rains their yards are flooded for days, which forces some of them to pump out the water from their septic tanks, creating an intolerable and unsanitary condition; that this had happened twice this past year. He pointed out that in a bond issue ..i nutes Regular Council Meeting October 15, 1975 Page 12 several years back the voters approved bonds for this work, but still nothing has been done. City Manager Townsend replied that it was correct that a bond issue for this project had been approved in 1972, but that that was a five-year program and that the installation of a big sewer main in that area is still about two years off; that it has been submitted to the Texas Water Quality Board. Mr. Jaramillo stated that representatives from their subdivision have appeared before the Council at least twice in the last few )ears; that there are about 16 homes in Airline Gardens and a total of about 25 or 30 homes in the area urgently needing a sewage system. Commissioner Gil! asked if storm drainage were improved would that help them. Mr. Jaramillo replied that they have a storm drainage system abcut a block away. City Manager Townsend stated that the City has a small sewage treatment plant presently being used in San Juan subdivision which could possibly be moved; that it would be about a year before it could be transferred and set up. He said they will take the request under consideration and report back in about two weeks. Mr. E. L. Laird, 3526 Bluebonnet, stated that he had two houses at 1017 Post and 1622 Van Loan which were good sound houses that the City had torn down and taken his lumber and his personal property and sold it at auction, and no effort had been made to compensate him or make any adjustment, and 4 mechanic's liens had been placed on his property; that within a month after passage of the Urban Renewal law in Washington, D. C. his two houses were destroyed and he didn't have any idea it was being done. (Council Exhibit #8-75) City Manager Townsend stated that he has investigated the complaints previously and met with Mr. Laird on numerous occasions but has not been able to get enough factual information to act on. He explained that it is the right of the City under Texas law when a house becomes unsafe for human habitation to place upon the owner of a substandard building the responsibility to either improve the house or tear it down; that Mr. Laird has not been willing to accept the registered letters which the law requires the City to send which notifies hire that his buildings will be torn down if not repaired within a certain number of days and to notify him of his rights. The letters were returned marked "owner refused to accept". Mr. Laird objected to the fact that registered letters had been sent; he said that was not necessary; that he had lived in the same house for 30 years and could have been contacted by phone or by a card or regular letter. Minutes Regular Council Meeting October 15, 1975 Page 13 Commissioner Sample inquired in what way Mr. Laird had been compensated for his property. City Manager Townsend replied that the person in a case like this is not to be compensated but is in fact responsible for the cost of the demolition and clearing of debris; that the lot is still his but it has a lien against it and Mr. Laird must pay the lien in order to have dear title. City Manager Townsend stated that he would get the files on the case which go back a number of years and report to the Council on them. Mr. Laird stated that he would be glad to bring his records down here and sit down and go over them with anybody at any time. Mayor Luby commented that this is not the first complaint in this regard, and it was his feeling that someone should have personally contacted Mr. Laird informing him that his buildings would be demolished. City Manager Townsend stated the files are open in his office showing where numerous contact's had been made. He stated the properties complained of were located at 1017 Post and 1622 Van Loan. Mayor Luby stated that they will look into the matter and will advise Mr. Laird. Mrs. W. B. Carter appeared before the Council, and inquired if the plans for correcting the drainage problem in front of her property were ready and what had been done; she stated that she was promised four weeks ago that they would be ready, and it has been six weeks and she still does nct have them. Mr. James Lontcs, Director of the Department of Engineering and Physical Development, replied that the plans for the drainage and the raising of the street have been prepared but he was waiting to discuss them with consultants and meet with the Planning Commission. He reported that the proposed street work is in the $200,000 range for paving and drainage and the work on the rest of the beach wouid be in the $406,000 range. Mrs. Carter reiterated that the problem is not her building but that the water is in the City streets in front of it and people cannot get to her motel. City Manager Townsend stated that he will get back to the tax office to see about the possibility of temporary depreciation. Mayor Luby announced the opening of bids scheduled for 4:00 p.m. for the Clarkwood, San Juan and McNorton lift station and sewer mains. • Minutes Regular Council Meeting October 15, 1975 Page 14 City Manager Townsend gave background information on the protect. He reported that there is a substantial problem of raw sewage in the area and that just a couple days ago 20-30 cases of hepatitis were discovered. He reported that the Department of Public Health has set up clinics there and the Pest Control Department has treated the area; that the Engineering and Physical Development Department is helping drain it. Bids were opened and read by Director of Engineering and Physical Development James Lontos from the following firms: Abacus Corporation, Cactus Utility Company, Heldenfels Brothers, K -S, Inc., and Maverick 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 recommendation. Mr. David Saenz spoke concerning the fuel rates in Corpus Christi; he believes they are especially high, and he is especially concerned about the inequities in rates in the State of Texas; he warned that we may lose local industry. Mrs. Elizabeth Price came before the Council again and also voiced concern over high local utility rates. She also asked for clarification on the new decision that the City Manager is not to discuss agenda items with the news media. She also questioned the appointments to the Ambulance Advisory Board. Mrs. Frank Cevera again came before the Council and expressed her wish that the sound system in the bandshell at the T -head be in working order; that she has held events there recently and the sound system did not work right and created quite a problem for the performers. City Manager Townsend replied that he is aware that the unit there is old and worn out; that R is difficult to keep it in good working order because part of it is out in the salt spray. He said he will check out the problems and report on it, but that the City does not have any transferable units they could use there. At 4:30 p.m. the Regular Council Meeting was recessed to go into Workshop. City Manager Townsend distributed a memo to the Council regarding the Herschbach Lawsuit and discussed the case in connection with Workmen's Compensation pay while on sick leave with the City; also discussed Cablevision franchise, and the property owners' tax suit against the City. It was agreed that the City would not appeal Athena Cablevision's action to operate "off channel". Minutes Regular Council Meeting October 15, 1975 Page 15 The Regular Meeting was reconvened and 5:30 p.m. Tuesday, October 21, 1975 was set for a Workshop Meeting to discuss the budget. There being no further business to come before the Council, motion by de Ases, seconded by Lozano and passed, that the meeting be adjourned at 5:05 p.m., October 15, 1975.