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HomeMy WebLinkAboutMinutes City Council - 01/14/1976r-- MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 14, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Tipton Commissioners: Eduardo de Ases City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Jason Luby called the meeting to order. The Invocation was given by Dr. John Stuckey of the Church of Christ. 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. Motion by Sample, seconded by Tipton and passed, that the appointments to vacancies on City Boards and Committees be accepted, as approved in the morning Workshop Meeting. Mayor Luby called for the City Manager's Reports, and City Manager Townsend first presented the requests and recommendations which had been discussed at the morning Workshop Meeting, as follows: a. That a public hearing be held at a Special Council Meeting at 3:30 p.m., on February 4, 1976 on the following zoning applications: r (1) Mr. Sidney L. Bishop, Jr. - from "R -1B" to "1-2", located on the north side of South Padre Island Drive at the intersection of Linda Vista Street (2) Mr. E. C. Peterson - from "R -IB" to "B -I ", located on the north side of McArdle Road between Dorothy Street and Airline Road (3) Mr. Gerald Sutherland - from "AB" to 9-1", located on the southeast side of Everhart Road 100 feet north of Curtis Clark Drive. b. That bids be received on February 13, 1976 to sell the following City -owned properties; (I) Lot 3, Block 1, Arcadia Subdivision (1014 York) wood frame three-bedroom residence (2) Lot 4, Block 1, Arcadia Subdivision (1002 York) wood frame two-bedroom residence (3) Lot 14, Block 5, Carver 02 Addition (3250 Elgin) 44.5' x 92.6' vacant lot (4) Lot 9, Block 3, Casa Blanca Subdivision (2606 Guadalupe) 42.4' x 92.6' vacant lot (5) Lots 13 & 14, Block 18, Chamberlain Subdivision (1605 Marguerite) 50' x 118' vacant lot c. That a contract be awarded for the sale and removal of a 2 -story, 5 -room frame structure with pier foundation located at the former Sanitation Yard, 2625 Greenwood, to Jean McKoin, Corpus Christi, on the basis of the only bid received of $300.08. The building was formerly used as offices for the Sanitation Division. (Bid Tab 095-76) -Minutes _ Regular Council Meeting January 14, 1976 Page 2 d. That a contract be awarded to Corpus Christi Fire S, Safety, Inc., Corpus Christi to furnish and install a fire and smoke protection system in the Data Processing Department on the basis of only bid received of $5,740.00. The system is required to retain insurance coverage for the Data Processing System. (Bid Tab #96-76) e. That 1,000 gals. of liquid malathion be purchased from American Cyanamid, Princeton, New Jersey on the basis of low bid of $10,800.00 for use by the Health Department in mosquito control . Bids were received from 5 firms. Price comparison indicates an increase of approximately 73% since the last purchase in 1971. (Bid Tab #97-76) f. That 200 2" tallow, 200 2" cottonwood trees, 100 2" live oak trees, 75 2' - 3' palm trees, 145 4' - 5' palm trees and 25 8'-I0' palm trees be purchased from Currie Seed Company, Corpus Christi, on the basis of low bid for $12,485.50. The trees will be placed in various parks and the golf course. Bids were received from 3 firms. Price comparison reveals a decrease of 20% on tallows, 45% on cottonwoods, 14% on live oaks, and 9% on 5' - 10' palms. (Bid Tab #98-76) g. That a revocable easement be granted to Bailey Cadillac for construction of sidewalk steps along Born Street at the entrance to their showroom building. The sidewalk steps would take an area 3 feet wide and 7 feet long, leaving 6 feet for sidewalk in the public right-of-way. j. That two grant applications for continuation of the MH -MR Alcoholism program be approved. The Out -Patient program totals $94,176 including $49,983 from the Texas Commission on Alcoholism and $44,193 from existing local funds. The Residential Patient program totals $94,734 including S49,977 from the Texas Commission on Alcoholism and $44,757 from existing local funds. The programs include an additional clerical position for improved patient records and an additional case worker for follow-up of both in -patients and out-patients. The programs presently serve a maximum of 25 residential patients and an average of 110 out-patients. The residential program is located at 615 Oliver Court. The City -County sponsorship contract requires approval of budget and personnel changes. The County Commissioner's Court approved the applications on January 6, 1976. o. That the City Manager be authorized to request HUD to extend the present date for completion of Community Development projects from April 21 to May 21, 1976. This will establish a beginning date for the second year as of May 22, 1976. The 75 -day review period required by HUD and the 30 days required by the State clearinghouse can be met by submitting the application to the State by February 5, and to HUD by March 5, 1976. es -Regular Council Meeting January 14, 1976 Page 3 p. That a musical composition be commissioned for use in Bicentennial celebrations and the dedication of the Bicentennial Ampitheater. Dr. Lawrence Weiner, Associate Professor of Music at Texas A & 1 University at Corpus Christi, will compose the piece and it will be performed by the Municipal Band under the direction of Mr. Richard R. Kole. The Bicentennial Commission recommends using $1,800 of which $7,700 budgeted for Bicentennial activities as to pay for the composition, publication, and rehearsal of the music. A committee consisting of Dr. Merton Johnson, Dean of Fine Arts, Del Mar College; Mr. Richard R. Kole, Del Mar College, Director of the Municipal Band; and Mr. Chester Malins, Chairman, Ampitheater Committee, is recommended to review and approve the composition. Mayor Luby called for anyone from the audience who would like to speak relative to those items. Mrs. Dale Kosewick, 3233 Nassau, inquired if this were the correct time in the meeting for her to speak relative to acquiring a library for Flour Bluff with Community Development funds, referring to Ordinance "g". Mayor Luby explained that he would recognize her later in the meeting when he asks for discussion from the audience regarding the ordinances. The Council recessed to go into Workshop Meeting to discuss the remaining items on the City Manager's Reports more fully, as these had not been reviewed during the morning Workshop Meeting. City Manager Townsend presented the following requests and recommendations, with related comments and explanations: h. That a one-year contract be approved with the Crisis Intervention Service for operation of a Rape Crisis Center under a grant approved by the Criminal Justice Division on December 23, 1975. The City will reimburse the Service for the cost of operations, not to exceed the grant amount of 530,554. The Service will hire a director and two part-time administrative assistant/secretaries. The Center will provide 24-hour service to rape victims to aid in reporting the crime and to decrease the trauma involved, and will carry out a public awareness and irformation program. i. That a supplemental agreement with Wilbur Smith and Associates be authorized to expand the Transit Study to include an assessment of the need for transit services for elderly and handicapped. The original agreement for $39,916 will be increased by $15,000 of which $12,000 is from Urban Mass Transportation Agency funds and $3,000 from the Transit Bond Fund. The completion date will be extended from February 1975 to June 1976. Minutes Regular Council Meeting January 14, 1976 Page 4 k. That the City, as the Administrative Unit of the Coastal Bend Manpower Consortium, submit a CETA Title III proposal to the Department of Labor for $87,660 to provide mechanic training and instructions in English as a second language for 20 participants for 52 weeks. The program was developed by Jobs for Progress, Inc. (SER) for implementation. All existing program operators were advised on January 6 that notice had been received that the five -state region had been allocated $537,200 of special impact money for programs for persons of limited English speaking ability. SER and the Coastal Bend Minority Contractors submitted proposals. SER's proposal to train mechanics and SER's prior experience would appear to give their proposal a better chance of regional approval than the Minority Contractor's program of training estimators. Application deadline is January 16, 1976. Consortium approval will be requested if the proposal is approved. 1. That authority be granted for the City, as the administrative unit of the Manpower Consortium, to submit a CETA Title I modification to the Department of Labor increasing program funds by $503,952 from $6,135,183 to $6,639,135. The increase consists of $219,836 FY 1976 base funds and $284,116 FY 1976 incentive funds and will be utilized as follows: 1. Coastal Bend Work Experience Program - $83,500 (I) Operation Rebound - $33,500 for a work experience with GED training for approximately 20 adult participants (2) Ex -Offender's Program - $25,654 for one counselor and approximately 8-10 ex -offender slots (3) Senior Citizens Work Experience - $24,346 for supplemental income jobs for approximately 35 senior citizen slots II. Jobs for Progress, Inc. (SER) - $104,830 (I) On -The -Job -Training - $25,550 for 25 to 30 on-the-job training slots to be placed with private employers (2) Welding - $79,280 to develop welding programs with local industry with approximately 20 slots serving approximately 40 participants III. Texas Employment Commission - $202,483 (I) Skilled Training Program - $119,373 to develop approximately 80 skilled training jobs in various activities including stenographers, nurses aides, and automobile repairmen (2) Welding Program - $83,110 to develop 20 slots at Bee County College to train approximately 40 participants IV. HIALCO Neighborhood Center - $52,000 for job placement with 8 staff positions to serve approximately 150 individuals. V. Corpus Christi Independent School District - $33,570 for youth work experience activities on a part-time basis in conjunction with GED training. VI. San Patricio County Community Action Agency - $20,594 for 8 slots to provide winterizing repairs for approximately 120-150 disadvantaged households in San Patricio County. VII. LULAC Educational Service Center - $6,975 for 1 additional career counselor to provide youth counseling, occupational testing and assistance in furthering educational goals. The programs will extend through June 30, 1976. The Consortium Executive Board approved these modifications on December 18, 1975. m,,wtes Regular Council Meeting January 14, 1976 Page 5 m. That a 10' utility easement located in Lots 4, 5, 6 and 7, Block 2, Parkdale Autotown west of South Staples Street between Everhart Road and Autotown Road be abandoned. There are no existing utilities in the easement and the applicant is the owner of all abutting property and needs abandonment of the easement to build an additional building. All affected City departments concur. n. That a grant application be submitted to the Criminal Justice Council for a night magistrate program for 3 years, from February 1, 1976, through January 31, 1979, at a 3 -year cost of $45,000. The first year cost is $15,125. The program provides for the employment of a night magistrate to serve Monday through Friday, with four other magistrates to serve on weekends. q. That the present farm lease held by Mr. J. N. Gillis on Tract C of the Corpus Christi International Airport be subleased to Mr. John H. Kelly and son. The Regular Meeting was resumed; no one from the audience spoke regardirg these items on the City Manager's Reports. Motion by de Ases, seconded by Gill and passed, with Gulley voting No on Item "p", that the City Manager's Reports be accepted, and Items "a" through "q" be granted, approved and adopted, as presented by City Manager Townsend. At 3:00 Mayor Luby announced the scheduled discussion of the Rodd Field Road speed limits from Saratoga to Padre Island Drive. Mr. Tom Stewart, Director of Traffic and Engineering, made a presentation showing photolog pictures taken by the Staff while driving along those streets, described the results of their radar tests and investigations of the traffic patterns, and explained several changes which the Staff had made in the area for safety purposes. He added that the Governor's Office of Traffic Safety had also investigated the matter and concurred with the Staff's recommendation; that the Governor's Office of Traffic Safety had noted that if there are a number of violations of traffic laws in the future they could probably be attributed to an enforcing problem rather than an engineering problem. Mr. Toby Craddock, 7417 Whisperwind, responded to Mr. Stewart's presentation that the people in the area are pretty much in agreement that it is an enforcement problem more than anything else; but stressed that the wishes and concerns of the citizens, residents and parents of children who attend school in the area, as expressed in the petition presented to the Council several weeks ago requesting a speed limit of 20 mph, are not being listened to. Commissioner de Ases clarified that the many hours of work and studies that were made by the Staff in conjunction with the State Department of Highways were not done with the goal of turning the Mi nutes Regular Council Meeting January 14, 1976 Page 6 citizens' petitions down; that they were done to give information and guidance to the Council so that they could make the best decision relative to the situation. Mr. Craddock replied that it was stressed to him that some City Staff members were in agreement with his plea for a lower speed limit in the area; and that he did not know if that was said just to pacify himself and the citizens, or if the Staff members meant it. Mayor Luby announced the public hearing at 3:30 p.m. on the plat appeal of Mr. Carl Duaine of the decision of the Planning Commission requiring a 60' roadway in the replat of approximately 2.76 acres in Cabaniss Acres No. 2, located west of Ayers Street between Saratoga and Frederick Drive. Chief Planner Larry Wenger briefed the Council on tie application and the appeal . Mr. Carl Duaine, surveyor, outlined the plans for the land. City Manager Townsend reviewed that the problem involves a piece of property which was separated by the owners into four separate lots which were leased for quite some time to small industries and, in December, 1974, were sold; that this process was illegal because the property did not have an approved plat; and he cited that the City Platting Ordinance requires that property inside the City or within five miles thereof must be platted before it is sold. He stressed that this was something that the owners were fully aware of but apparently chose to ignore; therefore that this was a problem they had brought upon themselves entirely by their own doing. He went on to explain that in addition, when property is platted the owners must provide legal, adequate, safe public access to the Tots involved -- which, he said, would be a public road; that the Planning Commission requires a 60' roadway since the lots are for industrial uses; that the three 10' road easements shown on the plat do not constitute an adequate public road; and, moreover, that any of the property owners could deny access through their easement. City Manager Townsend added that a second problem is that this is a location where there is a street obligation placed upon the owners by the master plan. Mr. Carl Duaine responded that "City Manager Townsend was attempting to throw a little dust into the Council's eyes"; that there are not three little (10' each) driveways on the land but rather a 30' driveway; that it was specified in the deeds for the sale of the land that none of the property owners could close their driveway and thereby deny access through the road; and that the sales of the tracts will not be finalized until the plat is approved. He stated that the three easements are not public easements, because that would make the City responsible for their construction and maintenance. Mi nutes Regular Council Meeting January 14, 1976 Page 7 Mayor Luby inquired how long the lots have been rented. The owner, Mr. Arthur H. Vinson, replied that the first lot has been leased for about three and one-half years. He emphasized that he has tried everything in the world for some use of the Tots; that they cannot be used for residential purposes because the land is too close to the airport; that if he has to give up 60' of land for a roadway he will not be able to sell the lots and could not get his money back from his investment; and that if the sales of the property as planned now are not successful it will definitely create an immense hardship on him. Diego He introduced Mr.(7"--A`vila,$owner of Lot #4, who confirmed that the deed for purchase of his lot specifies that if the plat is not approved he is not bound to buy it. Commissioner de Ases inquired what kind of road is on the land at present. Mr. Vinson replied that there is a 30' road made of caliche, shell and blacktop which the property owners are satisfied with; that big trucks with loads of bricks drive in all the time and turn around and do not have any problem; and that the property owners do not have any problem. He again stressed that taking 60' off his 172' of property for a roadway would leave only 112'; and that if 25' additional were required for a setback to the buildings there would simply not be enough land left for any use. Motion by de Ases, seconded by Lozano and passed, that the hearing be closed. Motion by Gill, seconded by Lozano, that the plat appeal be tabled. There was further discussion of the matter. Commissioner Gulley stated he agreed that people should have access to the land, but that the normal way is to take off land at the front of the property; that in this case the City would be taking away one-third of a man's land without compensating him for it --which, he stated, is not in his opinion the same as taking an easement in the front of the property. Commissioner Gill observed that the owners themselves chose to divide the land in that manner and to sell R in advance of the approval of the plat. City Manager Townsend added that the deeds to the property do not reflect that any agreement or understanding between the property owners has been worked out. The Motion on the floor, that the plat appeal of Mr. Carl Duaine of the decision of the Planning Commission requiring a 60' roadway in the replat of approximately 2.76 acres in Cabaniss Acres No. 2 be tabled, passed unanimously. Mr. Duaine added a final word that the deeds are not final until the plat is approved, so that argument is not valid. Mi. . Regular Council Meeting; January 14, 1976 Page 8 Mayor Luby called for the ordinances, and City Manager Townsend presented for the Council's consideration the following ordinances, with related comments and explanations: SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH L. M. BISHOP FOR A TERM OF FIVE YEARS CONCERNING CONCESSION RIGHTS AT MCGEE BEACH, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay" SECOND READING OF AN ORDINANCE AUTHORIZING A TWO -YEAR LEASE AGREEMENT WITH THE SEAMAN'S CENTER FOR A PORTION OF THE PARK AND RECREATION BUILDING, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 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". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BRANIFF AIRWAYS, INC., COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEAS. AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 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". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND TEXAS INTER- NATIONAL AIRLINES COVERING THE RENTAL OF SPACE AT THE INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, A COPY OF SAID LEASE BEING ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND EASTERN AIR- LINES, COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS 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". SECOND READING OF AN ORDINANCE AMENDING ORDINANCE NO. 9011, KNOWN AS THE FAIR HOUSING ORDINANCE SO AS TO ADD THE WORD "SEX" TO ALL PROVISIONS PROHIBITING DISCRIMINATION ON THE BASES STATED IN SAID' ORDINANCE; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE D',4TEj SND PROVIDING FOR RiBLICATItiN: 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 arid Sample; present and voting "A%e' : 'Minutes Regular Council Meeting January 14, 1976 Page 9 RESOLUTION NO. 12977 THIRD READING OF A RESOLUTION REQUESTING THE AREA DEVELOPMENT COMMITTEE TO ACCEPT RESPONSIBILITY FOR COORDINATION OF INTERGOVERNMENTAL AND PRIVATE ACTION NECESSARY TO BRING ABOUT COMMUNITY IMPROVEMENTS AND PROGRAMS FOUND TO BE DESIRABLE THROUGH GOALS DEVELOPMENT PROCESS. The foregoing resolution 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"; Mayor Luby voting "Nay" ORDINANCE NO. 12978 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 91, BAYFRONT SCIENCE PARK, BEING LOTS 4, 5 AND 6, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM CARL F. CROWNOVER; CANCELLING THE FOLLOWING APPROPRIATIONS IN THE NO. 122, 123 AND 124 GENERAL REVENUE SHARING FUNDS, ACTIVITY 4181, CODE 501, IN THE BAYFRONT SCIENCE PARK: $1,299.10 AS APPROPRIATED BY ORDINANCE NO. 11813; 1,688.70 AS APPROPRIATED BY ORDINANCE NO. 11814; 7,778.50 AS APPROPRIATED BY ORDINANCE NO. 11874; 982.00 AS APPROPRIATED BY ORDINANCE NO. 12031; 2,410.00 AS APPROPRIATED BY ORDINANCE NO. 12157; 2,955.00 AS APPROPRIATED BY ORDINANCE NO. 12396; 110.00 AS APPROPRIATED BY ORDINANCE NO. 12470; 250.00 AS APPROPRIATED BY ORDINANCE NO. 12509; 165.08 AS APPROPRIATED BY ORDINANCE NO. 12468; and 22,195.62 AS APPROPRIATED BY ORDINANCE NO. 11810, FOR A TOTAL CANCELLATION OF $39,834; APPROPRIATING AND REAPPROPRIATING THE AFORESAID $39,834 FOR ACQUISITION OF PARCEL 91, OF WHICH $39,500 I5 FOR ACQUISITION AND $334 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING. 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"; Mayor Luby voting "Nay". ORDINANCE NO. 12979 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, BY DELETING ALL REFERENCE TO SHORELINE BOULEVARD SPEED LIMITS AND IN LIEU THEREOF PROVIDING FOR SPEED LIMITS OF 35 MILES PER HOUR AT ALL TIMES ON NORTH AND SOUTH SHORELINE BOULEVARD, FROM CRAIG STREET TO THE BAYFRONT SCIENCE PARK, EXCEPT ON NORTHBOUND SHORELINE BOULEVARD FROM A POINT 580 FEET SOUTH OF PARK. AVENUE TO A POINT 390 FEET NORTH OF PARK AVENUE WHICH SHALL BE 25 MILES PER HOUR WHEN FLASHERS ARE OPERATING DESIGNATING SUCH SPEED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 12980 AUTHORIZING THE CITY MANAGER TO EXECUTE A ONE-YEAR CONTRACT WITH THE CRISIS INTERVENTION SERVICE FOR OPERATION OF A RAPE CRISIS CENTER, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH I5 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". Regular Council Meeting January 14, 1976 Page 10 ORDINANCE NO. 12981 AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASENE NT TO BAILEY CADILLAC WHEREBY SAID GRANTEE MAY UTILIZE A PORTION OF THE PUBLIC RIGHT OF WAY ALONG THE NORTH SIDE OF BORN STREET BETWEEN SOUTH SHORELINE BOULEVARD AND WATER STREET, FOR THE CONSTRUCTION OF AN ENTRY SIDEWALK THREE FEET WIDE BY SEVEN FEET LONG, ALL AS IS 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. 12982 AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE DEPARTMENT OF LABOR A CETA TITLE I GRANT MODIFICATION FOR THE CIN OF CORPUS CHRISTI, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, PROVIDING FOR AN INCREASE OF $503,952 TO A NEW LEVEL OF $6,639,135, AS MORE FULLY OUTLINED AND SET FORTH IN THE GRANT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR 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. 12983 AUTHORIZING THE CITY MANAGER TO EXECUTE GRANT APPLICATION TO BE SUBMITTED TO THE CRIMINAL JUSTICE COUNCIL TO PROVIDE THE CIN WITH A NIGHT AND WEEKEND MAGISTRATE PROGRAM, FOR A TERM OF THREE YEARS, COMMENCING FEBRUARY 1, 1976, AND TERMINATING ON JANUARY 31, 1979, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, 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. 12984 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH DR. LAWRENCE WEINER FOR A MUSICAL COMPOSITION TO COMMEMORATE THE BICENTENNIAL, SAID COMPOSITION TO BE USED FOR THE DEDICATION OF THE BICENTENNIAL AMPITHEATER, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, 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, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay". ORDINANCE NO. 12985 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT IN LOTS 4, 5, 6 AND 7, BLOCK 2, PARKDALE AUTOTOWN, 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, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". n,..,utes Regular Council Meeting January 14, 1976 Page 11 ORDINANCE NO. 12986 AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH WILBUR SMITH AND ASSOCIATES, INC., 10 PROVIDE FOR THE CONSULTANTS TO UNDERTAKE ADDITIONAL TRANSIT STUDY BY EXPANDING THE TECHNICAL REPORT TO INCLUDE AN ANALYSIS AND RECOMMENDATION PERTAINING TO TRANSIT SERVICES FOR THE HANDICAPPED AND ELDERLY, AS MORE FULLY SET FORTH IN THE SAID SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A'; APPROPRIATING OUT OF THE TRANSIT BOND FUND NO. 218 THE SUM OF $3,000 FOR THE AFORESAID SERVICES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Mayor Luby opened the floor for discussion from the audience regarding any of the ordinances, and called for Mrs. Kosewick. Mrs. Kosewick, 3233 Nassau, addressed the Council relative to Ordinance 12977, and presented a petition (No. 1-76) from the PTA, various civic organizations and residents in Flour Bluff with regards to obtaining a full-service public library branch in their area. She stated that the store -front library in the Padre -Staples Mall is the closest to their area, but that it is too far away for many children and senior citizens to go to. She explained that the Bookmobile presently stops in Flour Bluff only twice a month between I and 2 p.m.; that the children cannot utilize it at those times because it is during school hours; that it is only serving a small segment of the community; and, further, that on a couple previous occasions the Bookmobile simply did not show up, which left long lines of people waiting for one -to -two hours. She stressed that a permanent full-service library is desperately needed in Flour Bluff now; but that they would be very pleased if, in the interim, a store -front type facility could be set up for them. She suggested that a library be incorporated into the plans for the medical facility being built on Waldron Road, and mentioned the possibility of perhaps utilizing some space in the utilities collection office building which will be constructed there. She asked for advice and the route she should follow in getting a library for their area; she stated they feel that Community Development funds could be appropriated for this purpose. City Manager Townsend responded that it is unfortunate that the word has gotten out that libraries are eligible projects under the Community Development Program, because that is not correct. He' explained that to receive Community Development funds the project must primarily serve low and middle income individuals and must be related to other Community Development activities in the immediate area; that there is very little chance for a library to be built through that source of funding; he stated that bond elections are usually used for this purpose. Minutes Regular Council Meeting January 14, 1976 Page 12 Mrs. Kosewick then inquired how to go about requesting that a bond election be held for a library; and City Manager Townsend replied that she has done that already through her presentation to the Council today; that her request on behalf of the citizens of Flour Bluff would be considered by the Council along with other appeals from citizens for various projects at a future date. Mr. Paul A. Vogler, Jr. came before the Council and thanked the City Engineering Department, James Lontos, and City Manager Marvin Townsend for making Little Miss kickball fields available, which serve more than 600 girls in the community. He then spoke relative to Ordinance 12977, that the news had been giving the Area Development Committee credit for the high bridge and Wesley Seal Dam, when this was not the facts. He said he wanted to set the record straight. Mayor Luby requested that the members of the Council be polled for their vote on the ordinances. City Secretary Read stated that according to his tabulation all ordinances voted upon passed. Mayor Luby opened the floor for petitions or information from the audience on matters not scheduled on the agenda. Mr. David Saenz, 1430 Seventeenth St., addressed the Council protesting that there were tremendous inequitites in tax appraisals throughout the City. He stated he had appeared before the Council on other occasions to complain about increases in taxes, and that he had appealed to the Board of Equalization regarding assessments to his property. Commissioner Gulley clarified that under State and City laws the Council cannot change the Board of Equalization's decision; that Mr. Saenz's only alternative now would be to make his appeal at the Courthouse. There being no further business to come before the Council, on Motion by Tipton, seconded by de Ases and passed, the Regular Council Meeting of January 14, 1976, was adjourned at 5:20 p.m.