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HomeMy WebLinkAboutMinutes City Council - 12/17/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 17, 1975 2:00 P.M. PRESENT: 14. *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 Pro Tem Tipton called the meeting to order in the temporary absence of Mayor'Luby. * The Invocation was given by Reverend Dick Lear of the Trinity United Methodist Church. City Secretary Read called the roll of those in attendance -and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally Constituted meeting. Mayor Pro Tem Tipton announced the issuance of a'proclamation in the Mayor's office for "Give a Life Week",, December 17 through 24, 1975. Motion by Lozano; seconded by de Ases and passed, that Arturo Vasquez and Company be hired as the City's independent auditor for the fiscal year.ending July 31, 1976. *(Mayor Luby arrivedat this time.) Mayor Luby called for the City Manager's Reports, and City Manager Townsend r presented requests and recommendations, with related comments and explanations, as 'follows: a. That a public hearing be held at a Special Meeting on January 7, 1976 at 3:30 p.m.•'on the following zoning applications: (1) Mr. Daniel L. Mirabal - from "B-1" to "B-3", located on the west side of Kostoryz Road midway between Horne and Gollihar Roads. (2) Mr. RaMon''F. Castanada - from "B-1" to "B-3", located on the east side of Kostoryz Road 210 feet north of Mirabal Road. (3) Kaffie Brothers - "A-1" to "B-1", located on the west side of South s , Carancahua 88 feet,north of Park Avenue. b. That bids be received at 11:00 a.m., January 13, 1976 for traffic control equipment for the. following signalization improvements made possible by the 1972 bond ' election: , • (1) A 4 -intersection interconnected, traffic responsive signal system on Padre Island Drive for the intersections of Paul Jones, Ennis Joslin, Rodd Field Road and Nile Drive. '' • (2) ,Signalization at Everhart Road and Burney Drive. nutes ..egular Council Meeting December 17, 1975 Page 2 (3) Signalization at Agnes Street and Navigation Boulevard, including railroad preemption to flash the signals when trains are crossing Navigation Boulevard. (4) Interconnected signalization of Greenwood Drive and West Point Road and Greenwood Drive and Gollihar Road. Recent traffic and accident studies indicate the need for these improvements. (Bid Tab ?87-75) c. That bids be received at 11:00 a.m., Tuesday, January 13, 1976 on Airport Limousine Service for 5 years beginning February 2, 1976. d. That a contract be awarded to Thurman Fondren Glass Company, Corpus Christi for replacement glass for City vehicles and heavy equipment for 12 months on the basis of lowest bid for an estimated annual cost of $3,300. The price bid for.glass is 60% off list price and for installation --$12.50 for windshields and door glass, $10.00 for quarter and back glass and $3.00 for vent glass. Bids were received from 4 firms. Price comparison reveals a 25% increase on door glass installation. (Bid Tab #88-75) e. That bid award for 1975/76 requirements of tires and tubes be made to the following firms on the basis of low bid: B. F. Goodrich, Corpus Christi Lot 1, 3,119 Passenger and Light Commercial Truck Tires and Tubes (various sizes) $66,700.86 Goodyear Service, Corpus Christi Lot II 2,065 Truck and Trailer Tires and Tubes (various sizes) . $79,058.07 Lot IV 223 Heavy Equipment and Off -Road Tires and Tubes (various sizes) $16,520.31 $95,579.38 Firestone, Corpus Christi Lot III 343 Farm and Industrial Tires and Tubes (various sizes) $7,133.26 Grand Total $169,412.50 Bids were received from 4 firms. Price comparison reveals a decrease of approximately 9.43%. (Bid Tab I89-75) f. That Hudson St. be made one-way southeast bound from 8:00 to 9:30 a.m. and 3:00 to 4:30 p.m. from Shaw to Stafford Streets on school days only to relieve congestion at Chula Vista Elementary School when parents and school buses are loading and discharging children. The Traffic Safety Advisory Board so recommends. g• That the speed limit on Rodd Field Rd. be lowered from 50 mph to 45 mph from a point 125 feet east of Lake View Drive to Padre Island Drive except for a 30 mph school zone during periods when school flashers are in operation 250 ft. each side of Williams _ inutes Regular Council Meeting December 17, 1975 Page 3 Drive. The change is needed because of adjacent residential development. The Traffic Safety Advisory Board so recommends. h. That a contract between Central Power & Light Co. and the City be amended to provide for more efficient high pressure sodium vapor freeway lights on Padre Island Drive between I.H. 37 and the interchange now under construction at Agnes Street. The rates for these 178 lights will be comparable to those for mercury vapor lights of equal lumen output. The sodium vapor lights will use 58% less power to produce approximately the same light. Since probable maintenance cost levels are not available for the new lights, the City will pay approximately 20% less on a lumen output basis but will pay directly the cost of maintenance. The State pays 50% of the cost of lights and their maintenance. i. That the Water Fund budget be amended as follows: (1) Cancelling the $172,467.47 appropriation encumbered from 1974-75 for debt redemption. (2) Cancelling the $153,155.50 appropriation encumbered from 1974-75 for payment in lieu of property taxes. (3) Cancelling the $153,717.50 appropriation encumbered from 1974-75 for payment in lieu of franchise taxes. (4) Cancelling the 1975-76 $945,962.00 Choke Canyon Dam appropriation. (5) Appropriating $411,362.00 for the first phase of the Staples -Baldwin water main project., (6) Appropriating $64,000 for the Jr. Lien Water Revenue Debt Service Reserve. j. That $3,173,321.87_be appropriated out of the Water System,Unappropriated Fund Balance for the following purposes: $36,760.43 for the purpose of paying costs of selling ` a Jr. Lien Water Revenue Bonds; $139,206.72 to be deposited in the Jr. Lien Water Revenue Bond Interest and Redemption Fund for 1975-76 debt service requirements; $2,997,354.72 to be deposited in the Choke Canyon Reservoir Fund to be used for development of water supply. k. That utility easements for the Waldron Subdivision laterals be acquired from Mr. Lazar° Cruz ($150.00) and Ms. Sara Jean Orrick ($50.00). The easements are generally located off Greer Drive in Flour Bluff and will be used for sanitary sewer extensions. 1. That construction inspection services for Sewer 35-A be performed by the consulting engineers, McCaughan and Etheridge. The number of construction projects under way at this time has temporarily placed a heavy burden on the inspection personnel of the Engineering and Physical Development Department and thus outside help is needed. The total cost is estimated at $5,500, but no additional appropriation is required as funds were previously appropriated as part of the award of the construction contract. .rotes xegular Council Meeting December 17, 1975 Page 4 m. That Change Order No. 10 for $2,514.00 for additional work at the Community Auditorium be approved for two concrete beams to support the light bridge bar joists for the catwalk in the proscenium area above the stage. The structural engineer inadvertently neglected to design the end support for the light bridge. Funds for this additional work are available from existing contingency appropriations. n. That Parcels 103, 104 and 304 of the Corpus Christi Beach Park be acquired by condemnation from Great Gulf Corporation, Mr. and Mrs. Jack Still and Mrs. Ruth M. Juergens, respectively. Acquisition could not be accomplished by negotiation. Parcels 103 and 304 are waterfront parcels located between Gulden and Sandbar and at Woodrow Street, respec- tively and Parcel 104 is located one block inland at the northeast corner of Gulfbreeze Blvd. and Gulden Street. o. That the Industrial Development Commission membership be modified to add the County Judge as an ex• -officio member. The County has made City appropriations available for industrial development by increasing its participation in MH -MR. Much of the new industrial activity involves areas of the County outside the City of Corpus Christi. p. That a franchise be approved with the Sheraton -Marina Inn for the operation of a rubber -tired tram between the Sheraton -Marina Inn, Coliseum and the Bayfront Arts and Science Park. Fees approved by the City will be charged to the passengers and the City will receive 10% of the net profits from the operation. *q. That bid award be made to Southwest-Rathgeber, 3403 River Road, Austin, for demolition of the McDonald Building, 410 Peoples Street, for the low bid of $3,750. Bids, received from six firms, were due to expire November 1, 1975, but the low bidder is willing to carry out the demolition on the basis of his original bid. The Building Standards and Housing Board of Appeals at its meeting on July 14, 1975, ruled that the McDonald Building should be demolished unless the owners initiated substantial renovation within a 90 -day period. The 90 -day period expired on October 15, 1975. The Board at its meeting on December 8, 1975, noted that the required improvements had not occurred and admonished the staff to proceed with demolition on or before December 31, 1975. r. That a contract be awarded to Connecticut General Life Insurance Company, Houston, for employee's group insurance based on low bid at an estimated annual premium of S1,263,587 (City = $506,097; Employee = $757,490). A price comparison shows an increase of 4%; however, the new policy also increases the room rate from $36 to $40 per day. Bids were received from 5 firms. The City's cost per pay period per employee .rotes Regular Council Meeting December 17, 1975 Page 5 will increase from $7.14 to $7.52. The employee's cost for basic life and medical coverage including dependent coverage will increase from $15.88 per pay period per employee to $16.88. Sufficient funds are budgeted to cover the cost. s. That $7,566.83 be appropriated from the Sanitary Sewer Bond Fund to reimburse the Wastewater Services Fund for the balance of the $12,566.83 cost of a recently completed 10 inch sanitary sewer line along Highway 44 west of Omaha Drive to serve a new warehouse for General Export Company. The owners have paid the $7,566.83. The City's share of $5,000 for oversize and overdepth was appropriated on July 30, 1975. t. That the requirement of Land Drilling Ordinance that a well cannot be drilled within 400' of property owned by a church be waived for William D. Johnson who has applied for a permit to drill the Daniel D. Meaney et al well #1 at a location 330' from St. Theresa Church property. Bishop Thomas J. Drury, Church property owner, has provided a written waiver to the City's distance requirement for the well. Subsection 4.4 authorizes the City Council to grant variances from the distance requirement when written evidence of property owner consent is presented. u. That the offer of the West Oso School District to provide a site at the Senior High School for lighted tennis courts to be built with community development money be accepted and preparation of plans and specifications be approved. The City will let the contract with West Oso School District paying for 2 of the proposed 4 courts. Mayor Luby opened the floor for discussion from the audience regarding any Item on the City Manager's Reports. Mr. Dean Flinn, 917 Buffalo, spoke relative to Item "q" against the demolition of the McDonald Building. He stated that it is vital that the McDonald building remain intact for their project for renovation of a portion of the downtown area to be known as People's Alley, which would create a mall-type atmosphere with several older buildings; that they plan to have a restaurant in this particular building, which, he pointed out, would mean considerable income for the City from taxes. He stated that nothing would be accomplished by tearing it down; that it was a small area which could probably only be used as a parking lot. He maintained that the owners could not possibly get their money back from their investment if it were a parking lot because•there would only be sufficient space for six to eight cars; and, further, that many people do not like to park their cars in the downtown area in its present condition. He added that demolition of the McDonald building would pretty well destroy their whole project, and implored the Council to vote against it. ri" _mutes Regular Council Meeting December 17, 1975 Page 6 Mr. Dave Coover, attorney representing Mr. Sweetland, emphasized that this was an opportunity to commence rehabilitation of the downtown area, which he stated is badly needed; that people are afraid to go downtown at night now. He maintained that the problem is not with the McDonald building itself --that the building is sound and serviceable --but in the policing of the area; that simply because property is vacant does not deny the owner the right to police protection. He stated that the Fire Depart- ment's reports on fires in the building each time attributed the cause of the fire to vagrants; and that vagrancy is not a problem of the property owner but of the Police Department of the City. Mr. Coover charged that the July 14 meeting of the Building Standards and Housing Board of Appeals, which granted the applicants 48 hours in which to board up all entrances to the building and 90 days in which to begin substantial renovation to the building or it would be demolished, was not a legal meeting; that there were,no minutes of the meeting and the Board did not have four members present to constitute a quorum, but only three; further that it was so stated at the meeting that there was not a quorum. He demanded that they be furnished with a transcript of the minutes of the Board's July 14 meeting; and charged that Mr. Sweetland is entitled to a properly convened, legal meeting; that any ordinance for demolition of the building is premature until a proper meeting of the Building Standards and Housing Board of Appeals is held. Mr. Coover showed the Council a letter from Stewart Title Company, which estimated it would be 45 to 60 days before they could convey good title to Mr. Sweetland, and went on to state that the title to the property is in "difficult" shape to straighten out because there are two estates involved; that the owners have no control over this process and could not accurately estimate how long it would take before the estates could be settled and they could get the title. He also showed the Council a letter from the International Bank verifying that they have made a loan commitment to Mr. Sweetland for the purchase and renovation of the buildings,, and were awaiting the title for same. He added that the letter sent to Mr. Sweetland from Ron Stubing on December 15 gave him ten additional days in which to begin renovation, which would be December 25; therefore, that it was not a proper subject for today's agenda. He again requested that no action be taken on the ordinance and that the matter be tabled. Mr. Bill Sweetland, 803 South Water, gave a petition (119-75) to the Mayor of approximately 240 persons against the demolition of the building, and distributed to the Council copies of several letters in support of his case. He requested that the rtes ...gular Council Meeting December 17, 1975 Page 7 City Council appoint a committee to investigate the dealings of the July 14 meeting of the Building Standards and Housing Board of Appeals; and that if any wrongdoing was discovered, the parties responsible should be asked to resign from the Board. Commissioner Gulley inquired who owned the McDonald building. Mr. Sweetland replied that he was not the owner, but had a letter from the owners of the building which gave him the authority to represent them. The Council further questioned Mr. Sweetland about his authority to act for the owners; he showed them the letter which he had made reference to. The Council asked Acting City Attorney Michael May for his interpretation, and Mr. May stated in his opinion the letter did not constitute a contract between the owners and Mr. Sweetland. Motion by Gill that the decision of the Building Standards & Housing Board of Appeals be denied and Bill Sweetland and his associates be given 120 days in which to clear the title and begin improvements to the building; seconded by de Ases for the purpose of discussion only. Commissioner de Ases stated it bothers him when someone comes before the City Council and questions the integrity or honesty of any City Board or Commission; that the Council has spent a tremendous amount of time on this issue today and previously; that he has been sympathetic to Mr. Sweetland's efforts and has listened to his presenta- tions with much patience, but did not want his personal support of Mr. Sweetland's efforts to indicate support of the statements he had made about the Board or any members of the Board. Mayor Luby agreed; he also commented that Mr. Sweetland had met with him yesterday for about one -and -a -half hours, and did not make accusations of this sort at that time. City Manager Townsend questioned the use of the word "denial" in the Motion, and clarified that "denial" would mean overruling the action of the Board when he understood that the intent of the Motion was to simply grant a 120 -day extension of time to the Board's decision. Commissioner Gill agreed that was what she wished. Motion by Commissioner Gill to Amend the Motion, that the decision of the Building Standards and Housing Board of Appeals be stayed and Bill Sweetland and his associates be given 120 days in which to clear the title and begin improvements to the building. City Manager Townsend clarified that the 120 -day extension period would begin today; and that if Mr. Sweetland did not make substantial improvements to the building during that time, at the end of 120 days the Board's decision would become final and they would proceed with demolishment --although Mr. Sweetland would still have the right of appeal. .utes Regular Council Meeting December 17, 1975 Page 8 Motion passed unanimously. (*Item "q" withdrawn.) Mayor Luby requested a complete list of all substandard commercial buildings in the City; the Staff agreed to provide. Relative to Item "g", Toby Craddock, 7417 Whisper Wind, reviewed that he had appeared before the Council last week and had presented a petition from the residents of Greenway Gardens and a resolution from the Weldon A. Smith PTA requesting a reduction in the speed limit to 35 mph along a portion of Rodd Field Road and thereafter a reduction in the speed limit at the Williams Drive school crossing to 20 mph, and recommended that a Resolution be proposed to that effect. He stated he had been told that the State Highway Department's policy was not rigid in this matter. He stressed that he wanted the Council to be aware of the potential hazard in the area; he stated that drivers are being tail -gated and subsequently passed on the left-hand side of the road when they are slowing down to turn left into the subdivision; and he cited that a couple accidents had recently occurred in the area. He made reference to the results of radar tests in the area which indicated some 57% of the people were driving over the speed limit. City Manager Townsend clarified that the present recommendation is the joint recommendation of the City Staff and the State Highway Department Staff; that if the Council felt the speed limit should be lower than what was presently proposed, they could restudy the traffic situation in the area and make another recommendation, should their findings be different. • , Mayor Luby announced the bid opening at 4:00, and Director of Engineering and Physical Development James Lontos opened and read bids as follows: For Paloma Street improvements bids were received from the following firms: Asphalt Concrete Paving Company; Asphalt Maintenance Company, Inc.; Asphalt Paving & Construction Company; Glaser Construction Company; Heldenfels Brothers; and a letter from Mr. James E. Faris, President of Maverick Construction Company, which stated that they did not bid on this project in protest of the bid award for Interceptor Sewer 35A to Cactus Utility Company, when they were low bidder by $1,860.68; and further that they had not been placed on the agenda for the Council to hear their complaint. For improvements to the Lexington Industrial Center lift station and force main, bids were received from the following firms: Cactus Utility Company, Maverick Construction -Company and Heldenfels Brothers. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City Charter and referred to the City Staff for tabulation and recommendation. tes ,..gular Council Meeting December 17, 1975 Page 9 Mayor Luby asked the City Manager for an explanation of the matter concerning Maverick Construction Company; he stated this was the second time recently that there has been a problem with bids and that it was not fair to the contractors; that he was very displeased with the situation and would like an explanation from the City staff. City Manager Townsend responded that the decisions and resulting action taken regarding the two bid instances which Mayor Luby referred to had not been the recommen- dations of the City Staff. He explained that Maverick Construction Company's letter was the result of the bid on Sewer 35-A and 32-B; and the Staff's recommendation on this project was based on awarding the contract to the lowest over-all bidder. He added that Mr. Faris had discussed the matter with him and had asked to be placed on the agenda; that he had explained to Mr. Farris what the policy of the Council was regarding appearing before them and that he could be listed on the agenda toward the end of the meeting under "petitions or information from the audience"; but Mr. Farris indicated that was not satisfactory to him --hence his letter. Concerning Item "o", Mayor Luby stated he would vote "no" because he felt that if the County Judge were made a voting ex -officio member of the Industrial Development Commission and given that additional authority, the Mayor of the City of Corpus Christi should be made a voting ex -officio member also. Motion by Lozano, seconded by Sample and passed, with Mayor Luby voting no on Item "o", that the City Manager's Reports be accepted, and Items "a" through "u" (Item "q" withdrawn) be granted, approved and adopted, as presented by City Manager Townsend. The Meeting was recessed at 4:18 p.m. and the Council went into a Special Meeting for the purpose of hearing five zoning cases. The Mayor reconvened the Regular Meeting and called for the ordinances, and City Manager Townsend presented for the Council's consideration the following ordinances, with related comments and explanations as follows: FIRST READING OF AN ORDINANCE AMENDING THE AIRPORT LIMOUSINE CONCESSION CONTRACT GRANTED BY ORDINANCE N0. 10162, PASSED AND APPROVED ON MARCH 17, 1971, AS AMENDED, AND PARTICU- LARLY AS AMENDED BY ORDINANCE NO. 10883, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 31, 1972, AND BY ORDINANCE NO. 11820, PASSED AND APPROVED ON DECEMBER 12, 1973, BY AMENDING THE FARES IN ZONES 1 THROUGH 5, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CITY CODE, AS AMENDED, BY AMENDING SECTION 21-153, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, BY ADDING AN ITEM THERETO SO AS TO MAKE HUDSON STREET, FROM SHAW STREET TO STAFFORD 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 REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. __mutes _ Regular Council Meeting December 17, 1975 Page 10 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE GRANTING A FRANCHISE TO MARINA INN, INC., DBA SHERATON MARINA INN, FOR THE OPERATION OF ONE OR MORE MINIATURE TRAINS FOR HIRE ALONG THE BAYFRONT AND DOWNTOWN AREA OF CORPUS CHRISTI, FOR A TERM OF FIVE YEARS, UNDER THE TERMS AND CONDI- TIONS AND ALONG THE ROUTE SET FORTH IN THE FRANCHISE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". FIRST READING OF AN ORDINANCE AMENDING THE CODE OF THE CITY OF CORPUS CHRISTI, AS AMENDED, AND AMENDING SECTION 1 OF ORDINANCE NO. 6143 AS AMENDED BY ORDINANCE NO. 10685, BY ADDING TO THE LIST OF VOTING EX -OFFICIO MEMBERS OF THE MUNICIPAL INDUSTRIAL BOARD THE COUNTY JUDGE OF NUECES COUNTY; KEEPING IN FORCE ALL OTHER PROVISIONS OF CITY CHARTER ART. V, SEC. 13, MUNICIPAL INDUSTRIAL BOARD; PROVIDING FOR SEVERABILITY. 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 voting "Nay". SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-131, PARKING METER ZONES ESTABLISHED, BY ADDING TO SUBSECTION (a) METER ZONE NO. 1, AN ITEM TO BE NUMBERED 17, TO PROVIDE FOR CHANGE FROM TWO-HOUR TO TEN- HOUR PARKING METERS ON N. CARANCAHUA STREET BETWEEN LIPAN STREET AND MESTINA STREET; AMENDING SUBSECTION (b) OF SAID SECTION 21-131, ENTITLED "METER ZONE NO. 2", SO AS TO AMEND ITEM 7 to HEREAFTER READ "N. CARANCAHUA STREET, FROM MESTINA STREET TO BUFFALO STREET"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; 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 ADOPTING NEW CIVIL SERVICE BOARD CODE OF RULES AND REGULATIONS FOR THE CITY OF CORPUS CHRISTI, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERANCE. 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 CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE NUECES RIVER AUTHORITY CONCERNING THE CHOKE CANYON RESERVOIR PROJECT 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". ORDINANCE NO. 12929 FINDING THAT THE BAYFEST '76 ON OCTOBER 1, 2 AND 3, 1976 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF N. SHORELINE TO VEHICULAR TRAFFIC FROM 10AM WEDNESDAY, SEPTEMBER 29, 1976 TO 12:00 NOON MONDAY, OCTOBER 4, 1976, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTROATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC: AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION AND PROVIDING FOR SEVERANCE. _nutes degular Council Meeting December 17, 1975 Page 11 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. 12930 AMENDING THE CONTRACT WITH THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, AUTHORIZED BY ORDINANCE NO. 12811, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 24, 1975, BY AMENDING PARAGRAPH III OF SAID CONTRACT SO AS TO PROVIDE FOR PAYMENT OF $5000 PER MONTH ACCORDING TO MONTHLY BILLINGS FROM THE CENTER FOR THE PERIOD OF AUGUST 1, 1975, THROUGH DECEMBER 31, 1975, AND $3,000 PER MONTH FOR THE PERIOD OF JANUARY 1, 1976, THROUGH JULY 31, 1976, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE CONTRACT, 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO.'12931 AMENDING THE 1975-76 WATER SYSTEM BUDGET AS FOLLOWS: CANCELLATION OF THE $172,467.47 APPROPRIATION ENCUMBRANCE FOR DEBT REDEMPTION; CANCELLATION OF THE $153,155.50 APPROPRIATION ENCUMBRANCES FOR PAYMENT IN LIEU OF PROPERTY TAX; CANCELLATION OF THE $153,717.50 APPROPRIATION ENCUMBRANCE FOR PAYMENT OF THE IN -LIEU -OF FRANCHISE TAX; CANCELLATION OF THE 1975-76 $945,962.00 APPROPRIATION FOR PAYMENT ON CHOKE CANYON DAM; APPROPRIATE $411,362.00 FOR THE FIRST PHASE OF THE STAPLES-BALDWIN WATER LINE PROJECT AND APPROPRIATING $64,000.00 FOR THE JUNIOR LIEN WATER REVENUE DEBT SERVICE RESERVE; 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. 12932 APPROPRIATING OUT OF THE NO. 250 SANITARY SEWER BOND FUND $7,566.83 FOR CONSTRUCTION OF A 10 -INCH SANITARY SEWER LATERAL IN AGNES STREET WEST OF OMAHA DRIVE, PROJECT NO. 250-72-17 AGNES STREET LATERAL EXTENSION - OMAHA DRIVE TO NAVIGATION BOULEVARD, STAGE I; AUTHORIZING REIMBURSEMENT OF THE 109 WASTEWATER SERVICES FUND FOR ALL AMOUNTS ADVANCED FOR LABOR AND MATERIALS FOR 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. 12933 APPROPRIATING $3,173,321.87 OUT OF THE WATER SYSTEM UNAPPROPRIATED FUND BALANCE FOR THE FOLLOWING'PURPOSES: $36,760.43 FOR THE PURPOSE OF PAYING COSTS OF SELLING JR. LIEN WATER REVENUE BONDS; $139,206.72 TO BE DEPOSITED IN THE JR. LIEN WATER REVENUE BOND INTEREST AND REDEMPTION FUND FOR 1975-76 DEBT SERVICE REQUIREMENTS; $2,997,354.72 IS TO BE DEPOSITED IN THE CHOKE CANYON RESERVOIR FUND TO BE USED FOR DEVELOPMENT OF WATER SUPPLY; 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. 12934 REPEALING THE SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER & LIGHT COMPANY AUTHORIZED BY ORDINANCE NO. 11141, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 1, 1972; AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED SUPPLEMENTAL AGREEMENT WITH CENTRAL POWER & LIGHT COMPANY, TO SUPPLEMENT THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 5193, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 2, 1958, CONCERNING FREEWAY LIGHTING, OPERATION AND MAINTENANCE, A SUBSTANTIAL COPY OF SAID SUPPLEMENTAL AGREEMENT BEING 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". -nutes Regular Council Meeting December 17, 1975 Page 12 ORDINANCE NO. 12935 AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO CERTAIN PARCELS OR TRACTS OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORL, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS NO. 103, 104 AND 304 FOR THE CORPUS CHRISTI BEACH PARK SITES, PROJECT NO. 291-72-12; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNERS, GREAT GULF CORPORATION, JACK ROBERT STILL AND WIFE, MARTHA L. STILL, AND RUTH M. JUERGENS, RESPECTIVELY, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; 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. 12936 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BOB'S NURSERY & LANDSCAPE SERVICE FOR CONSTRUCTION OF SCHATZEL STREET LANDSCAPING IMPROVEMENTS; APPROPRIATING AND REAPPRO- PRIATING $15,000 OUT OF THE NO. 105 PARKING IMPROVEMENTS FUND, ACTIVITY 6810, CODE 502, OF WHICH $13,963.20 IS FOR THE CONSTRUCTION CONTRACT AND $1,036.80 IS FOR INCIDENTAL AND RELATED EXPENSES; 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. 12937 AUTHORIZING ACQUISITION OF UTILITY EASEMENTS FROM LAZARO CRUZ AND SARA JEAN ORRICK, IN CONNECTION WITH THE WALDRON SUBDIVISION LATERALS, STAGE 1, PROJECT NUMBER 250-72-16; APPROPRIATING $200 OUT OF THE NUMBER 250 SANITARY SEWER BOND FUND, OF WHICH $150 IS FOR ACQUISITION OF EASEMENT FROM LAZARO CRUZ AND $50 IS FOR ACQUISITION OF EASEMENT FROM SARA JEAN ORRICK; 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. 12938 AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, 50 AS TO PROVIDE FOR SPEED LIMIT OF 55 MILES PER HOUR, AT ALL TIMES, ON A PORTION OF S.H. 357 (RODD FIELD ROAD), FROM THE CITY LIMITS TO A POINT 125 FEET EAST OF LAKE VIEW DRIVE, AND TO PROVIDE FOR A SPEED LIMIT OF 45 MILES PER HOUR, ON A PORTION OF S.H. 357 (RODD FIELD ROAD), FROM A POINT 125 FEET EAST OF LAKE VIEW DRIVE TO"PADRE ISLAND DRIVE, AT ALL TIMES EXCEPT WHEN SCHOOL ZONE FLASHERS INDICATING 30 MILES PER HOUR ARE DISPLAYED 250 FEET EACH SIDE OF WILLIAMS DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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. 12939 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 IMELDA GARCIA BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 1, BLOCK 1, SURREY PLACE, UNIT 1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". .utes Regular Council Meeting December 17, 1975 Page 13 ORDINANCE NO. 12940 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 FRED RAIBLE, JR., TRUSTEE, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON APPROXIMATELY 6.6 ACRES OF LAND OUT OF LOTS 31 AND 32, SECTION 18, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE 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, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby voting "Nay". ORDINANCE NO. 12941 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, BY AMENDING ARTICLE 4, GENERAL PROVISIONS, DISTRICTS AND DISTRICT MAPS, BY DELETING IN ITS ENTIRETY SECTION 4 - 5, BUILDINGS FOR TELEPHONE SERVICE EXCEPTED; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; 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. 12942 AMENDING CHAPTER 18A OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10378, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1971, AND AS AMENDED BY ORDINANCE NO. 11537 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973, BY AMENDING SECTION 18A-1, SCHEDULE, SO AS TO ESTABLISH A NEW GREEN FEES SCHEDULE FOR THE OSO MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. 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". Mayor Luby called for anyone from the audience who would like to speak relative to any of the ordinances. Mr. Juan Jose Gussoni, Construction Estimator and a representative of the Coastal Bend Minority Contractors Assistance Association, Inc., addressed the Council relative to Ordinance No. 12936, and restated his position of last week, requesting that the contract be awarded to Bob's Nursery. Mr. Francis Youngblood, 4049 Donohue, also spoke to the Council regarding Ordinance No. 12936. He stated he is employed by Glaser Construction Company, and protested the awarding of the contract to Bob's Nursery because Glaser Construction Company was the low bidder. He acknowledged that Bob's Nursery was placed in an unfair situation because their previous bids had been exposed, but that he personally did the cost estimating for the project and had no knowledge of their prior bids; he made reference to the"Dodge] report" which he stated showed that there were no bidders on the initial bid project. He stated _nutes Regular Council Meeting December 17, 1975 Page 14 he felt Bob's Nursery's complaint and plea for the contract were not valid; and that he wanted to be on record as in protest of their receiving the contract, because Glaser Construction Company was the low bidder. Commissioner de Ases stated it had not occurred to him that Glaser Construction Company's bid was anything other than an honest bid; but that his decision that the contract should be awarded to Bob's Nursery was because the Council and Staff had made a mistake in the way the bidding process was handled. He added that regardless of the decision made today, one of the parties would not be happy; and that the Council must accept that responsibility. Commissioner Gulley restated his position that he felt the contract should be awarded to the lowest bidder, because there was a $2,300 difference, and that would be in the best interest of the public. Mayor Luby said it was his opinion that Bob's Nursery'had bid in good faith; that it was not their fault that the project was rebid, and they should be awarded the contract; that he was fearful of a lawsuit over the matter. Commissioner Sample suggested that the project be incorporated in another project of the same type and. be rebid as a new job. Mayor Pro Tem Tipton agreed with Commissioner Sample's idea of combining it with some additional work and going out for bids again, but Director of Engineering and Physical Development James Lontos explained it would be difficult to do that, and that it was likely that no contractor would bid on it a third time. Mr. Toby Craddock, 7417 Whisper Wind, spoke again relative to Ordinance No. 12938, and requested that the Council further reduce the speed limits in the area in compliance with the wishes of the citizens of Corpus Christi. City Manager Townsend attempted to clarify that Mr. Craddock was not against passage of the ordinance which was before the Council today, but simply wanted a further reduction in the speed 'limits. There being no further discussion relative to the ordinances, Mayor Luby asked that the Council be polled for their vote. City Secretary Read stated that according to his tabulation all ordinances voted upon passed. Motion by Gill, seconded by Tipton, that the Mayor of the City of Corpus Christi be added as a voting ex-officio,member of the Municipal Industrial Commission, and an 'ordinance be brought forward to that effect. There was some discussion of the Motion; some Council Members felt that since the Mayor has the authority to appoint the members of the Commission it was redundant that he be included on it,also. Mayor Luby maintained that although he has the power rtes ___gular Council Meeting December 17, 1975 Page 15 of appointment of the members, if the Council did not confirm his appointees they could appoint whomever they wished after 30 days; and requested that the records reflect that the Mayor of the City of Corpus Christi would like to the Municipal Industrial Commission, the same as the County Judge. stated that it did not seem logical to him that the Mayor serve on acts in an advisory capacity to the City Council. Motion failed, by vote of four to three. Mayor Luby called for any petitions or information from the not scheduled on the agenda. Mr. Ken Yarbrough, attorney representing Mr. Bill Cockrell, be included on Commissioner de Ases a Commission which audience on matters a landowner in Flour Bluff, addressed the Council relative to getting a sewer line extended to their area. He stated that the residents have appealed to the Council many times during the last few years and have repeatedly been given the explanation that there are no funds available; but that it is hard for them to understand why there are no funds available when their taxes have been increasing considerably --this year over 100% --which he stated was some ten years after they were annexed; moreover, that they do not understand why the tax revenue is used to provide sewer service for people living outside the City limits who pay no City taxes at all, when the tax -paying citizens of Corpus Christi have sewer problems. Mr. Yarbrough made reference to the bid opening held today for sewer work in the Flour Bluff area in which one of the developers had agreed to pay approximately 3/10 of the cost of the contract; and stated that the residents whom he represents would be happy to likewise contribute 3/10 of the cost of a project which would provide sewer service to their property. He stated he had understood that the plans for the project bid today were drawn up so that the line could be extended at a later date; and requested that the bids received today be tabled and resubmitted for an additional bid which would include their area. City Manager Townsend responded that the Staff's recommendation for the current project was based to include a motel which is having current and pressing problems; but that he felt Mr. Yarbrough's suggestion was more than fair. Director of Engineering and Physical Development James Lontos estimated that the extension would cost around $24,000. City Manager Townsend replied that if all the property owners were willing to cooperate with at least the front foot charges, perhaps something could be worked out. The Staff will contact Mr. Yarbrough with a recommendation within two weeks. __autes Regular Council Meeting December 17, 1975 Page 16 Motion by Gill; seconded by Gulley and passed, that the Regular Council Meeting be recessed to go into Workshop at 5:40 p.m. The Meeting reconvened at 5:55 p.m. On Motion by de Ases, and passed, the Regular Council Meeting of December 17, 1975 was adjourned at 6:00 p.m.