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HomeMy WebLinkAboutMinutes City Council - 03/17/1976PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 17, 1976 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order in the Council Chambers of City Hall, in the temporary absence of Mayor Luhy. The Invocation was given by Reverend Quintin B. Jones of Central Christian Church. City Secretary Read called the roll and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Motion by Lozano, seconded by Sample and passed, that the Minutes of the ' Regular Council Meeting of March 3, 1976 be approved as submitted to the Council. Mayor Pro Tem Tipton announced the issuance of Proclamations for the following:. Family Boating Week, March 21 through 27, 1976; American G I Forum Week, March 21 through 28,,1976; The Week of the Young Child, March 20 through April 4, 1976; and Coastal Bend Special Olympics Day, March 20, 1976. Council Member Gulley distributed mementos of his recent trip to Russia to members of the Council, the City Manager and the City Secretary. Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager Townsend presented the following requests and recommendations, with related comments and explanations: a. Recommendation that bid received for one Side Loading Refuse Collection vehicle from McLain Industries, Inc. be rejected since this company has been unable to furnish the demonstration unit which they agreed to provide. b. Recommendation that Arturo Vasquez & Company and Touche Ross & Company be employed to audit C.E.T.A. Title I and II expenditures. Arturo Vasquez & Company will audit all C.E.T.A. contracts except the contract with the C.C.I.S.D. Mr. Vasquez is a school district trustee and consequently his firm cannot audit the school contract. Touche Ross & Co. will audit the C.C.I.S.D. contract. Arturo Vasquez & Co. $ 17,345 Touche Ross & Co. 8,000 Total Audit Fees $ 25,345 c. Recommend8tion that a permit be granted to Getty Oil Company to drill a 12,100 foot well in the northwest corner of State Tract 443 in Corpus Christi Bay._ The well is to be drilled as a straight hole at a regular location. No exceptions to the Bay Drilling Ordinance were requested. d. Recommendation that a permit be granted to McMoRan Exploration Company to drill a well in State Tract 35 in Laguna Madre. The well is to be a 12,000 fodt directional hole with the surface location 50 feet from the northwest corner of the tract. The location is about k mile east of the Naval Air Station. No exceptions to the Bay Drilling Ordinance were requested. Minutes Regular Council Meeting March 17, 1976 Page 2 e. Recommendation that a contract for the removal of obstructions along Corpus Christi Beach from the breakwater to Rincon Point be awarded to Southwest-Rathgeber Company for $41,444.70 and $43,000 be reappropriated including engineering and related expenses. The recommended award includes the base bid and the additive alternate to remove broken concrete and rubble around the Paradise Pier and Mai -Tai Restaurant. f. Recommendation that Trinity Testing Laboratories provide materials testing on the Paloma Street Project for $2,205. Testing of base materials, density asphalt control and concrete testing will be required. No additional appro- priation is necessary. Recommendation that a change order to Shea -Flynn Parkway drainage improve- ments be approved for $10,654. The change order provides: (1) 155 feet of 15" pipe ($995) (2) 8 feet of 18" pipe ($59), and (3) 4,000 cubic yards of topsoil delivered ($9,600) No additional appropriation is required. The additional pipe is needed because of more washouts than anticipated. The topsoil is recommended ,because the existing topsoil at the site is not sufficient to cover the entire project. h. Recommendation that a revocable easement be granted to the First State Bank of Corpus Christi for the use of a 6" strip 132' long of South Alameda Street right-of-way in connection with remodeling work planned at the bank. South Alameda right-of-way is 100 feet. The existing sidewalk in front of the bank is approximately 10' wide. The revocable easement area would be used to provide a new masonry facing on the Alameda side of the bank facilities. i. Recommendation that the final corrected assessment roll of $1,682.40 be adopted for Brownlee -Staples Intersection Improvements and Blundell Drive and Dodd Drive Street Improvements. The construction work by Asphalt Paving & Construction Company for $22,766.40 was accepted on March 10, 1976. j. Recommendation that Parcel No. 104 of the Corpus Christi Beach Park be acquired from Mr. Jack Robert Still for $8,000. The parcel is located at the northeast corner of Gulden Street and Gulfbreeze Boulevard. The original offer of $6,500 was refused by the owner and the parcel was set for condemnation hearing. The recommended price is based on an updated appraisal. An appropriation of $8,500 is requested. k. Recommendation that a letter of intent be submitted to the Department of Labor expressing the City's desire to continue its participation in the Coastal Bend Manpower Consortium and transmitting preapplication informa- tion which must be submitted by April 1, 1976. 1. Recommendation that bids be received at 11:00 a.m., Tuesday, April 6, 1976 for the following budgeted equipment: (1) A replacement 3 -wheel truckster, riding greens mower, self- propelled greens aerifier for the Golf Course. (2) Two replacement 60" self-propelled rotary mowers and five 72" self-propelled rotary mowers in lieu of an additional and replacement 5 -gang mower units budgeted for the Park Division. The latter units are more effective in park maintenance and weed cutting. g. ,,e utes ,ular Council Meeting March 17, 1976 Page 3 m. Recommendation that the appointment of Mr. Robert Simmon • to the Board of, Directors of the Corpus Christi Airport Development Corporation to replace Mr. Truman Arnold be approved. The Articles of Incorporation provide in Article V "The affairs of the Corporation will be managed by a Board of Directors which will be no less than three in number. Directors elected to replace the initial Board of Directors shall be elected sub- ject to approval of the governing body of the City of Corpus Christi, Texas. The Corporation has no members." • The By -Laws provide in Section 2.01. "The number of Directors which shall constitute the whole Board shall be three. The initial Directors shall serve for two years and the following Directors shall be elected for a term of two years. At the expiration of their terms of office, the Directors shall elect successor Directors. Any Director may succeed himself." - The other members of the Board are Mr. John W. Crutchfield, president, and Mr. R. N. Conolly, treasurer. Mr. Arnold was serving as vice-president. Consistent with the Article of Incorporation, Mr. Conolly and Mr. Crutch- field submitted Mr. Simmons' name for Council approval on January 23, 1976. n. Recommendation that the Auditorium contract be increased $2,935 for a change order relative to the underground electrical installation in the Bayfront Science Park. No additional appropriation is required. This work was not included in the original contract. Generally the work extends the electrical' service from Hirsch Street to within 5 feet of the building.' No one from the audience spoke regarding the City Manager's Reports. Motion by Gulley, seconded by Sample and passed, that the City Manager's Reports (items "a" through "n) be granted, approved and adopted, as presented by City Manager Townsend. City Manager Townsend presented the ordinances, with related comments and explanations. Council Member de Ases explained that he voted against the ordinance awarding the airport limousine franchise to Bob Welch the previous week because he was not pleased with the method which the Staff made the recommendation to the Council; the method by which it was submitted to the Airport Board of Adjustment$and the way that meeting was conducted, with a reverse decision resulting; therefore that he would vote against that ordinance on its second reading today. • No one from the audience spoke regarding any of the ordinances. Mayor Pro Tem asked that the Council be polled for their vote. City Secretary Read stated that according to his tabulation all ordinances voted upon passed, as follows. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR AIRPORT LIMOU§INE FRANCHISE AGREEMENT WITH BOB G. WELCH AND RUBY WELCH DBA AIRPORT LIMOUSINE SERVICE, UNDER THE TERMS AND CONDITIONS SET FORTH IN THE FRANCHISE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second_time and passed to its third reading,..-.,, by the follo_winingvote: Tipton,`Gi11,-Gulley, and Sample," present dna voting "Ayee";�, de Ases and Lozano voting'"Nay"; Luby absent. Minutes Regular Council Meeting March 17, 1976 Page 4 no. q'3v' . 75G e SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CONTINENTAL PONY LEAGUE FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A RECREATIONAL AREA IN SOUTH GUTH PARK FOR A TERM OF FIVE YEARS, 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"; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH LITTLE THEATRE CORPUS CHRISTI, INC., FOR USE OF THE HARBOR PLAYHOUSE, FOR A TERM OF FIVE YEARS, 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"; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE LEAGUE FOR A FIVE-YEAR EXTENSION OF THE CURRENT LEASE AGREEMENT, LEASING TO SAID PADRE LITTLE LEAGUE A TRACT OR PARCEL OUT OF THE HOLLY ROAD RESERVOIR SITE, MORE FULLY DESCRIBED HEREINAFTER, FOR ESTABLISHMENT AND MAINTENANCE ' OF A RECREATIONAL AREA, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE AMENDING THE LAND DRILLING ORDINANCE, NO. 8879, AS AMENDED, BY DESIGNATING ADDITIONAL 40 -ACRE DRILLING BLOCKS TO ACREAGE ANNEXED BY ORDINANCE NOS. 10968, 10992, 10993, 11201, 11449, 11450, 11451, 11631, 11645, 11641, 11644, 11643, 11878, 11879, 11946, 11947, 12104, 12105, 12306, 12307, 12390, 12391, 12903 AND 12914, AND CREATING NEW DRILLING BLOCKS 1613 THROUGH 1665, EXCLUDING EXISTING DRILLING BLOCK 1616, AND ENLARGING EXISTING DRILLING BLOCK 1064. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. SECOND READING OF AN ORDINANCE APPROPRIATING $20,750 OUT OF THE SIXTH ENTITLEMENT PERIOD, GENERAL REVENUE SHARING RESERVE, ACTIVITY 6706, FOR AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH ACQUISITION OF PARCEL NO. 304, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI VS. RUTH M. JUERGENS, ET AL: The foregoing ordinance was read for the second time and passed to its third reading by the'following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13069 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH GORDON W. BILLINGS DBA BILLINGS' BAIT STAND CONCERNING USE OF TRACT 14 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13070 • THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. HOMER BENSON, DBA HOMER'S RAINBOW BAIT STAND CONCERNING USE OF TRACT 12 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. 4 .. lutes ular Council Meeting _rch 17, 1976 Page 5 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 absent. • ORDINANCE•NO.'13071 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LOUIS E. RAWALT DBA THE COASTWAY CONCERNING USE OF TRACT 8 OF THE COASTAL PUBLIC ' LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. • ORDINANCE NO. 13072 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT •WITH MR. FLOYD BEAUREGARD, DBA FISHERMAN'S FOLLY CONCERNING USE OF TRACT 7 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH•IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. ' The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13073 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO, EXECUTE AN AGREEMENT WITH EUGENE B. OLSZEWSKI, DBA B. G.'S MARINA CONCERNING USE OF TRACT 6 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. - The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13074 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. FRANK MOORE, DBA PARKER'S BAIT, STAND CONCERNING USE OF TRACT 4 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE HUMBLE CHANNEL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. • ORDINANCE NO. 13075 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH S. A. KIMBRELL, DBA RED DOT BAIT STAND CONCERNING USE OF TRACT 2 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND. OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN.•THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS' MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. - ORDINANCE NO. 13076 THIRD HEADING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. HENRY BLACK, DBA BLACK'S BAIT STAND CONCERNING USE OF TRACT 1 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. Minutes Regular Council Meeting March 17, 1976 Page 6 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 absent. ORDINANCE NO. 13077 THIRD READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MR. JOHN BEAN, DBA JOHN BEAN PIER CONCERNING USE OF TRACT 13 OF THE COASTAL PUBLIC LANDS, BEING SITUATED ON THE INTRACOASTAL CANAL CROSSING ON PADRE ISLAND CAUSEWAY, FOR PURPOSES OF BUILDING AND OPERATING A BAIT STAND BUSINESS, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS MADE A PART HEREOF. The foregoing ordinance was read for the third time and passed finally by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13078 GRANTING TO FIRST STATE BANK OF CORPUS CHRISTI A REVOCABLE EASEMENT FOR USE OF A 6 -INCH STRIP 132 FEET LONG OF SOUTH ALAMEDA STREET RIGHT-OF-WAY IN CONNECTION WITH REMODELING OF THE SAID BANK, A SUBSTANTIAL COPY OF'SAID REVOCABLE EASEEMENT 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO, 13079 AUTHORIZING THE CITY MANAGER TO SUBMIT TO THE DEPARTMENT OF LABOR A LETTER OF INTENT EXPRESSING THE CITY'S DESIRE TO CONTINUE ITS PARTICIPATION IN THE COASTAL BEND MANPOWER CONSORTIUM AND TO ACT AS THE ADMINISTRATIVE UNIT, FOR STATE PLANNING REGION. 20, AND TRANSMITTING PREAPPLICATION INFORMATION, ALL IN ACCORDANCE WITH RULES AND REGULATIONS OF COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973; 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 absent. ORDINANCE NO. 13080 AMENDING ORDINANCE NO. 12841 PASSED AND APPROVED OCTOBER 8, 1975 PERTAINING TO THE FOLLOWING STREETS: BROWNLEE BOULEVARD SIDEWALK, SOUTH STAPLES TO COLE STREET, EAST SIDE ONLY; BLUNDELL DRIVE, SOUTHWESTERLY FROM VIOLA AVENUE APPROXIMATELY 135 FEET TO EXISTING STREET IMPROVEMENTS; AND DODD DRIVE, SOUTHWESTERLY FROM VIOLA AVENUE APPROXI- MATELY 135 FEET TO EXISTING STREET IMPROVEMENTS; BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS HEREINAFTER MORE FULLY SET FORTH; 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 absent. ORDINANCE NO. 13081 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTHWEST-RATHGEBER CO. FOR THE REMOVAL OF OBSTRUCTIONS ALONG CORPUS CHRISTI BEACH; APPROPRIATING AND REAPPROPRIATING $43,000 OUT OF THE NO. 126 GENERAL REVENUE SHARING FUND RESERVE, WHICH AMOUNT WILL BE TRANSFERRED TO THE NO. 291 PARK BOND FUND FOR PROJECT NO. 291-72-11.1, OF WHICH SAID TOTAL APPROPRIATION $41,444.70 IS FOR THE CONSTRUCTION CONTRACT AND $1,555.30 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: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. -'inutes gular Council Meeting Arch 17, 1976 Page 7 ORDINANCE NO. 13082 APPROPRIATING $8,500 OUT OF THE SIXTH ENTITLEMENT PERIOD, GENERALREVENUE SHARING RESERVE, ACTIVITY4706, FOR AGREED AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH THE ACQUISITION OF PARCEL NO. 104, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED,CITY OF CORPUS CHRISTI VS. JACK R. STILL, ET At; 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 absent. ORDINANCE NO. 13083 • CLOSING THAT PORTION OF HIRSCH STREET (FORMERLY CARROLL STREET) BETWEEN THE WEST RIGHT-OF-WAY LINE OF WATER STREET AND THE, EAST RIGHT-OF-WAY LINE OF CHAPARRAL STREET, ABUTTING AND BETWEEN BLOCKS 90 AND 95, BEACH PORTION OF THE CITY OF CORPUS CHRISTI, AS RECORDED IN VOLUME "A"., PAGES 2 AND 3,, MAP RECORDS OF NUECES COUNTY, TEXAS, AND RETAINING THE ENTIRE PORTION AS A UTILITY EASEMENT FOR THE OPERATION OF PUBLIC UTILITIES; 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 „ absent., ,.„. City Manager, Townsend next presented the appeal of Mr. Frank Cervera of a decision of the Building Standards and Housing Board of Appeals ordering the demolition vtiof 4 buildings at 2929 Sunrise and the repair of 4 others within 6 months. He explained that there is no formal procedure'for handling this type of appeal., He read the v. excerpt from,the minutes of the meeting by the Building Standards and Housing Board of Appeals regarding its decision on Mr. Cervera's case, and read the letter of appeal from Mr. Cervera. .Mr. Cervera stated he was appealing because he was not able to attend the meeting of,•the•Building Standards and Housing Board of Appeals, and feels that the owner should be heard before the decision to demolish some of his property is made. He charged that some of the problems with the property were caused by City sewage backing up onto it, which he said was the City's problem, not his. He stated that he is in • the process of replacing all gas, sewer and water lines to the units and wants to repair as many of these buildings as he can. He maintained that his investments have been a financial loss to him, but that. he kept them as a service for low-income families; that his tenants, did not want to move out. He added that he thought perhaps 2 or 3 of the houses would have to be demolished rather than repaired, and had asked the Staff to get bids on that work for him. n City Manager Townsend remarked that these same problems with the houses have existed for several years, and inquired why. Mr. Cervera responded that when he purchased the property he was told by the Neighborhood Improvement Division that the Minutes Regular Council Meeting March 17, 1976 Page 8 needed repairs were minor; that he was not told about the sewer going across a lot in the rear to the tap, or any problems with sewage. City Manager Townsend asked when he first noticed raw sewage on the property; he replied that it was only 4 or 5 months ago. City Manager Townsend noted that it is referenced in the records as far back as 1973. *(Mayor Luby arrived at this time.) Mr. Ron Stubing, Director of Neighborhood Improvement, explained that Mr. Cervera did have the benefit of reviewing the City's files before purchasing the properties. He showed slides of the interior and exterior of the houses, pointing out extensive deterioration and rot in the wooden frames; adding that the building inspectors had advised that it would not be economically feasible to repair 3 of the houses. Mr. Cervera then attributed much of the poor condition of the houses to vandalism, which he said occurred after the units were vacated. City Manager Townsend announced a petition (#4-76) from the Zavala Neighborhood Center and residents in the area asking that Mr. Cervera's apartments at 2929 Sunrise either be thoroughly brought up to standard living conditions or demolished. There were six people in the audience who were in opposition to Mr. Cervera's appeal. Mr. Cervera was allowed rebuttal time. Motion by de Ases, seconded by.Gill°, to modify the decision of the Building Standards and Housing Board of Appeals to affirm the demolition of units 1, 2 and 3, but not unit 7; and permit a 90 -day period of time in which to accomplish the necessary repairs to the 5 remaining units. There was further°discussion of the matter. Council Member Tipton remarked that he was in favor of totally concurring with the Board's recommendation, as he feels Mr. Cervera has had ample time to correct the situation; that it is unfair to others who live in the neighborhood. Other Council Members expressed their desire to have the 3 units demolished within a certain period of time. Mr. Cervera then noted that it would take "some time" to have the buildings demolished, and that he would have to wait until the pipes are installed, because of the ditches there now; also that the spring rains are coming. City Manager Townsend responded that the buildings could most likely be torn down in a few hours or at the most a few days, and that the open ditches would not matter. nutes _egular Council Meeting March 17, 1976 Page 9 Mayor Luby called for the vote, and the Motion passed, 4 to 3. Motion by Gill, seconded by de Ases and passed, that the demolishing of the 3 substandard buildings be done within 30 days. The City Manager clarified for Mr. Cervera that unless all 8 units are brought up to standard within 90 days, the City would take bids to demolish them all. Mr. Cervera replied that he understood, and he asked the Staff to proceed with getting bids for him on the demolition of units 1, 2 and 3. Mayor Luby recognized Miss Kim DeGaish, a 5th grade student from Flour Bluff; she read her essay on the Bicentennial, which won first prize in that school's essay contest. The meeting was recessed at 3:30 p.m. to go into a Special Council Meeting for the purpose of 5 zoning matters. The meeting was resumed at 4:19 p.m.; and, there being no further business to come before the Council, on Motion by Gulley, seconded by Tipton and passed, the Regular Council Meeting adjourned at 4:20 p.m.