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HomeMy WebLinkAboutMinutes City Council - 03/31/1976a MINUTES CITY OF CORPUS CHRI§TI, TEXAS REGULAR COUNCIL MEETING MARCH 31, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bilk Tipton Council Members: • 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 Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by -Ms. Jean -Rudy. 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. Mayor Luby acknowledged Mr. Cliff Adams, Commander of Chapter 150 of the Disabled Veterans, who spoke briefly regarding their fund-raising drive during April, which has been proclaimed "Forget -Me -Not Month" by Mayor Luby. Motion by Tipton, seconded by Lozano and passed unanimously, that the Minutes of the Regular Council Meeting of March 17 and the•Special Council Meeting of March 17, 3:30 p.m., be.approved as submitted to the Council: Mayor Luby announced the issuance of the following Proclamations in his office: Barbershop Harmony Month - April, 1976; Corpus Christi Town Meeting '76 - April 10, 1976; and Dia Del Baile Espanol - April 4, 1976. Mayor Luby announced the bid opening for 'replacement of the South Staples Street water main from Gollihar Road to Weber Road, including replacement of the transmission main and a number of old laterals existing under South Staples Street and overlaying the street with 11/2" of hot -mix asphalt upon completion of the water line. Director of Engineering and Physical Development James Lontos opened and read bids from the following firms: Abacus Corporation; Asphalt Paving Co. ofCorpusChristi; Cactus Utility Company; Glaser Construction,Company; Heldenfels Brothers; JALCO, Inc., from Houston; Maverick Construction Company; and W. T. Young Construction Co.;' and explained that as required by City Charter the bids would be tabled for 48 hours and referred to the Staff for tabulation arid recommendation. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: Minutes Regular Council Meeting March 31, 1976 Page 2 a. Recommendation that a drilling permit be approved for Jake L. Hamon to drill a well to approximately 13,500 feet from a surface location in the north corner of State Tract 15. The well is to be drilled as a straight hole. The location does not comply with the cluster requirements of the Bay Drilling Ordinance in that there are existing wells within the tract that are not in the north corner. The Bay Drilling Committee unanimously recommends that the permit be granted because the proposed bottom hole location is inaccessible from the previously established cluster area. The location is about 3 miles southwest of Ingleside. b. Recommendation that 3 replacement lawn and garden tractors (38", 44" and 48" rotary mowers) be purchased from Case Power and Equipment, Corpus Christi for the low bid of $4,373.51. The units will be used by the Waste- water Services at the Allison Plant and the Water Division at the Cunningham Plant and various pumping stations. The apparent low bids of $1,250 and $1,795.02 by Sears Contract Sales, Corpus Christi on the 38" and 48" units respectively did not meet specifications because a two -blade mower was bid instead of a three -blade and a mechanical shift transmission was bid instead of a variable speed hydrostatic type. Bids were received from 6 firms. (Bid Tab #9-76) c. Recommendation that the Mental Health and Mental Rehabilitation lease of a City -owned house at 823 Furman be revised and renewed for three years with an option to renew each year for an additional two years for $1.00 per year. The house is used as an Adult Activity Center for day programs for severely handicapped retarded adults (16 years and up). MH -MR desires to do extensive renovation and make additional repairs and painting to the house. MH -MR pays utilities, is responsible for maintenance, reimburses the City for cost of fire and extended coverage insurance and carries a public liability policy. The house was originally leased to the Coastal Bend Opportunity Center for 3 years in January 1, 1972 for training of mentally retarded adults and children. In February, 1972, the lease was assigned to MH -MR when MH -MR and the Center merged. d. Recommendation that a contract be awarded to Maverick Construction Company for Lawrence Street T -Head Water System Improvements and $5,500 be appro- priated including $168.35 for related expenses. Funds are provided in the 1975-76 Budget. The work includes replacement of a 6" water line and related taps and valves serving the Lawrence Street T -Head. e. Recommendation that a contract for construction of the H.B.B. Tennis Center Lighting Improvements be awarded to Electric Construction Company,.Inc., for $2,458 and $2,600 be appropriated including related expenses. The lighting 'standards have been ordered separately by purchase requisition and'should be available for the contractor to install around April 9. This work includes the installation of conduit, wiring and lighting standards.' f. Recommendation that the following speed limit changes be made based on -recent traffic studies and accident experience and as recommended by the Traffic Safety Advisory Board: (1) Reduce the speed limit on Weber Road between Holly and Saratoga from 40 mph to 35 mph. • This part of Weber is rapidly developing and children must cross the street to attend Sanders Elementary School. (2) Increase the speed limit on Holly Road between Kostoryz and Los Robles from 30 and 35 mph to 40 mph. ' (3) Increase the speed limit on Bush Avenue between Los Robles and Padre Island Drive from 30 mph to 40 mph for a distance of 900' north of Los Robles and to 45 mph from this point to Padre Island Drive. ,111 rH ,.egular Council Meeting March 31, 1976 Page 3 g. Recommendation that bids be received at 11 a.m., Tuesday, April 20, 1976 for the following budgeted equipment: (1) 24 replacement and 2 additional various size truck cabs and chasses for various City operations. (2) 13 special bodies including dump bodies and utility service bodies for various City operations. (3) A truck mounted crane for the Traffic Engineering Department to be used as part of a replacement traffic signal boom truck. h. Recommendation that bids be received at 11:00 a.m., Wednesday, May 19, 1976 on 15 - 45 -passenger air-conditioned transit coaches. Specifications for the buses were approved by the Council on January 26, 1976 subject to approval by the Urban Mass Transportation Administration (UMTA). The specifications have now been approved by UMTA with minor modifications. The buses are part of the 1975 Transit capital grant project. i. Recommendation that bids be received at 11:00 a.m., Tuesday, April 27, 1976 on lease rights for a three or five year food and drink concession at the Oso Municipal Golf Course. Bids will be solicited on three options,: a vending machine operation, a manual or short order operation, and a combination vending machine/manual operation. j. Recommendation that $2,900.00 be appropriated for appraisals by Mr. Thomas F. Dorsey ($1,400.00) and Mr. Roddy L. Ripple ($1,500.00) in connection with Airline improvements, Padre Island Drive to Williams Drive. Since Federal Funds are involved in the project, right-of-way is being acquired in accordance with applicable Federal laws which require the use of two independent professional real estate appraisers to establish values. There are two parcels of land involved. k. Recommendation that the preliminary assessment roll be adopted in connec- tion with construction of North Staples Street from I.H. 37 to West Broadway, and Starlite Lane from Leopard Street to Sunny Drive, and assessment hearings be held as follows: North Staples - 7:00 p.m., April 28, 1976, at Solomon Coles Elementary School Cafetorium Starlite Lane - 7:00 p.m., April 30, 1976, at Annaville Elementary School Cafetorium Bids for this project, jointly funded by the City, State and Federal Government, were received by the State Department of Highways and Public Transportation March 24, 1976, with the low bid of $431,665.66 being , submitted by Heldenfels Brothers. 1. Recommendation that a grant of $240,989 from the Urban Mass Transportation Administration for Transit operating expenses incurred during 1974-75 be accepted, the $369,332 advance from the General Fund to the Transit Fund for 1974-75 be returned to the General Fund, and be offset by the $240,989 grant, $111,528 to be reappropriated from the General Fund Reserve, and $16,815 previously appropriated from Revenue Sharing. m., Recommendation that the 1975-76 Transit Fund Budget be revised to decrease the estimated operating grant from the Urban Mass Transportation Adminis- tration from $426,819 to $402,476 and the General Fund appropriation from $132,618 to $91,568 and to provide an appropriation from the Fifth Revenue Sharing Entitlement Reserve for the Transit Fund of $65,392. n. Recommendation that $57,780.00 be reappropriated for award of Special Commissioners, Commissioners fees, Court costs and Appraiser's costs in connection with the acquisition of Parcel Number 103, Corpus Christi Beach Park Sites, in condemnation, styled City of Corpus Christi vs. Gordon P. Harrington, et al ($57,375 for acquisition and $405 for other costa). The parcel is located on Shoreline Blvd. between Gulden and Sandbar. The original appraisal, made in 1973, was $48,750. Minutes Regular Council Meeting March 31, 1976 Page 4 There was some discussion regarding item "f" (1), and the possibility of somehow forewarning motorists of the reduction in the speed limit. There was a lengthy discussion relative to item "h" and the purchase of 45-, passenger buses as compared to mini -buses; also the Council was concerned that the, transit system is expected to continue to operate at a deficit, which was attributed not. to a management problem but rather the inability to attract a sufficient number of passengers on all routes to make the operation profitable on a long-term basis. The Council discussed programs other cities had utilized to increase the number of riders - and efforts Corpus Christi had made in the past. It was agreed to review the matter more fully at the next informal workshop meeting of the Council. No one from the audience addressed the Council relative to the City Manager's Reports. ' Motion by Lozano, seconded by de Ases and passed --with Luby voting no on items "a" and "g", and Tipton voting no on item "h" --that the City Manager's Reports be accepted, and items "a" through "n" be granted, approved and adopted, as presented by City Manager Townsend. - Mayor Luby called for the ordinances, and City Manager Townsend presented the ordinances, with related comments and explanations. No one from the audience spoke to the Council regarding any of the ordinances. City Secretary Read stated that according to his tabulation, all ordinances voted upon passed, as follows: ORDINANCE NO. 13110 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: 1. NORTH STAPLES STREET FROM I.H. 37 TO WEST BROADWAY (M.H. 144) PROJECT NO. M R016 (1); 2. ,WINNEBAGO STREET FROM NORTH ALAMEDA TO NORTH STAPLES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO COORDINATE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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. 13111 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: STARLITE LANE FROM LEOPARD STREET TO SUNNY DRIVE (M.H. 152) PROJECT NO. M R035 (1), IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO COORDINATE PLANS AND SPECIFICATIONS, REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID; 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. - 16. • i• Elutes 4gular Council Meeting March 31, 1976 Page 5 FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A 3 -YEAR LEASE AGREEMENT, WITH OPTION TO RENEW FOR TWO 1 -YEAR PERIODS, WITH NUECES COUNTY MENTAL HEALTH -MENTAL RETARDATION COMMUNITY CENTER, FOR USE OF FACILITIES LOCATED'AT 823 FURMAN STREET FOR AN ADULT ACTIVITY CENTER PROGRAM, A SUBSTANTIAL COPY OF WHICH AGREEMENT, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF. 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 absent. FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR A SPEED, LIMIT OF 35 MILES PER HOUR ON WEBER ROAD FROM SOUTH STAPLES STREET TO SARATOGA BOULEVARD; TO PROVIDE FOR A SPEED LIMIT OF 35 MILES PER HOUR ON HOLLY ROAD FROM RODD FIELD ROAD TO KOSTORYZ ROAD, AND 45 MILES PER HOUR KOSTORYZ ROAD TO LOS ROBLES;-AND TO PROVIDE FOR A SPEED LIMIT OF 40 MILES PER HOUR ON BUSH AVENUE FROM LOS ROBLES TO A POINT 900 FEET NORTH OF LOS ROBLES, AND 45 MILES PER HOUR FROM A POINT 900 FEET NORTH OF LOS ROBLES TO PADRE ISLAND DRIVE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. 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 absent. - Motion by Gill, seconded by Lozano and passed, to amend an ordinance, passed on first reading March -24, 1976, between its first and second readings, which ordinance caption reads as follows: "AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL dF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED, AND PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE" in the following respects:, 1. Add a Section 5 which will read as follows: "SECTION 5. That any and all additions and amendments to such Code, when passed in such'form as to indicate the intentions of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Corpus Christi, Texas" shall be understood and intended to include such additions and amendments." 2. Amend Section 10 to read as follows: "SECTION 10. That this ordinance shall become effective on the 1st day of June, 1976." (Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent.) SECOND READING OF AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED, AND PROVIDING FOR THE EFFECTIVE DATE OF SUCH CODE AND A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE, 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. Minutes Regular Council Meeting March 31, 1976 Page 6 ORDINANCE NO. 13112 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS AND RELATED DOCUMENTS ACCEPTING A GRANT OF $240,989 FROM THE URBAN MASS TRANSPORTATION ADMINISTRATION FOR TRANSIT OPERATING EXPENSES INCURRED DURING THE 1974-75 FISCAL YEAR; 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. 13113 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR THE LAWRENCE STREET T -HEAD WATER SYSTEM IMPROVEMENTS; APPROPRIATING AND RE -APPROPRIATING $5,500 OUT OF NO. 102 GENERAL FUND, ACTIVITY 4151, CODE 502, INCLUDING $5,331.65 FOR THE CONSTRUCTION CONTRACT AND $168.35 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. ORDINANCE NO. 13114 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ELECTRIC CONSTRUCTION COMPANY, INC., FOR THE H.E.B. TENNIS CENTER LIGHTING IMPROVEMENTS; APPROPRIATING AND RE -APPROPRIATING $2,600 OUT OF NO. 102 GENERAL FUND, ACTIVITY 4133, CODE 502, OF WHICH $2,458 IS FOR THE CONSTRUCTION CONTRACT AND $142 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. ORDINANCE NO. 13115 APPROPRIATING AND REAPPROPRIATING $57,780 OUT OF THE FIFTH ENTITLEMENT PERIOD, GENERAL REVENUE SHARING RESERVE, ACTIVITY 6705, WHICH AMOUNT IS TO BE TRANSFERRED TO NO. 291 PARK BOND FUND, PROJECT 291-72-12, FOR THE AWARD OF SPECIAL COMMISSIONERS, COMMISSIONERS' FEES, COURT COSTS AND APPRAISER'S COSTS, ALL IN CONNECTION WITH THE ACQUISITION OF PARCEL NO. 103, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI VS. GREAT GULF CORPORATION, ET AL; 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. 13116 AUTHORIZING THE CITY MANAGER TO EXECUTE REAL ESTATE APPRAISAL CONTRACTS WITH THOMAS F. DORSEY AND RODDY L. RIPPLE FOR APPRAISAL OF TWO PARCELS OF LAND TO BE ACQUIRED FOR THE AIRLINE -PADRE ISLAND DRIVE TO WILLIAMS DRIVE STREET IMPROVEMENT PROJECT, AS MORE FULLY SET FORTH IN THE CONTRACTS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; APPROPRIATING OUT OF NO. 220 STREET IMPROVEMENT BOND FUND, PROJECT NO. 220-72-8, $2,900 FOR SAID APPRAISAL SERVICES; 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. 13117 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. NORTH STAPLES STREET FROM I.H. 37 TO WEST BROADWAY (M.H. 144), PROJECT NO. M R016 (1); 2. WINNEBAGO STREET FROM NORTH ALAMEDA TO NORTH STAPLES, DETERMINING AND FIXING THE PORTION autes ..egular Council Meeting March 31, 1976 Page 7 OF SAID COSTS -TO BE PAIDAND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD IN THE CAFETORIUM OF SOLOMON COLES ELEMENTARY SCHOOL ON APRIL 28, 1976 AT 7:00 P.M., IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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. 13118 • APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: STARLITE LANE FROM LEOPARD STREET TO SUNNY DRIVE (M.H. 152) PROJECT NUMBER M R035 (1) DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OP CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD IN THE CAFETORIUM OF ANNAVILLE ELEMENTARY SCHOOL, 3901 HILLTOP DRIVE, ON APRIL 28, 1976 AT 7:00 P.M., IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY TRE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; 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 N0.'13119 REPEALING ORDINANCE NO. 12592, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 2, 1975; AMENDING THE 1975-76 BUDGET TO APPROPRIATE FUNDS FOR THE PAYMENT OF OPERATING COSTS FOR THE TRANSIT SYSTEM FOR FY 1974-75 FOR THE PURPOSE OF TERMINATION OF THE WORKING CAPITAL ADVANCE FROM GENERAL FUND TO TRANSIT FUND IN THE AMOUNT OF $369,332; REAPPROPRIATING $111,528 FROM GENERAL FUND RESERVE AND $16,815 FROM FIFTH REVENUE SHARING ENTITLEMENT PERIOD RESERVE FOR THE TRANSIT FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following yote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Luby absent. ORDINANCE NO. 13120 AMENDING THE FY 1975-76 TRANSIT BUDGET FOR THE PURPOSE OF REDUCING THE ESTIMATE OF THE GRANT REVENUE FROM THE URGAN MASS TRANSPORTATION ADMINISTRATION FROM $426,819 TO $402,476 AND REDUCING THE GENERAL FUND APPROPRIATION FROM $132,618 TO $91,568; REAPPROPRIATING FROM THE FIFTH REVENUE SHARING ENTITLEMENT PERIOD RESERVE $65,392 FOR CREDIT TO THE TRANSIT FUND; 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. Mayor Luby called for petitions or information from the audience on matters not scheduled on the agenda, and Mrs. W. B. Carter inquired why her property was not included in plans for the restoration of Corpus Christi Beach. City Manager Townsend responded that the matter has been discussed several times; that if she wished to dedicate an area in the front of her property it could be included and the beach could be brought to the breakwater; and a member of the -Staff consulted with her regarding same. Minutes Regular Council Meeting March 31, 1976 Page 8 Mr. Domingo Castillo, 4718 Vestal, spoke that he is concerned about alleged police brutality on the citizens; also that he had been informed of an incident in which Officer Valverde had dropped his gun and left it lay while chasing a suspect. City Manager Townsend responded that if the witness would report the full information surrounding the incident he would be happy to have it investigated. Mayor Luby responded that he has requested copies of investigation reports on all cases of alleged police brutality this year. City Manager Townsend explained that the reports are available for the Council's review as soon as the investigations are completed; but that he would provide copies of them for the Mayor as requested. Council Member Gill stressed the need for a neutral advisory committee which would investigate charges of police brutality and give the results to the public in a ' way that could be understood; that the public feels they're not getting all of the information and they don't know who to trust. Mayor Luby agreed. City Manager Townsend announced the upcoming visit of Mr. Erik Martell with the Spanish Consul in Houston, to Corpus Christi on April 2 through 7. The Meeting was recessed at 3:30 p.m. to conduct the Special Council Meeting on three zoning cases as scheduled. The Regular Council Meeting was resumed at 6:52.p.m. City Manager Townsend next presented the recessed public hearing on Application #276-4, Ismael Perez Mora, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on a portion of Tract 9 Margaret Kelly Lands, containing one acre more or less, located on the north right-of-way of Old Brownsville Road opposite the intersection of,Saratoga Boulevard with Old Brownsville Road. He added that the Planning.Commissions recommendation is that it be approved as submitted, and the Staff recommends denial. He distributed.to the Council copies of his memo regarding the application, emphasizing that it is in direct conflict with the Airport Master Plan. Chief Planner Larry Wenger presented a land use and zoning map of the area. The applicant, kir. Mora, stated he recently purchased the property and resides in r the house on it; that since he has an acre of land he plans to purchase another building and move it onto the property next to his house, for a neighborhood convenience store. Motion by de Ases, seconded by Gulley and passed unanimously, that the•hearing be closed.' Motion by Gill, seconded by Sample and passed unanimously, that Application #276-4, for change of zoning from "R -1B" to "B-1" be denied, but in lieu thereof a special permit for a neighborhood convenience store be issued, subject to an acceptable site plan. v nutes agular Council Meeting March 31, 1976 . . Page 9 Mr. Bill Sweetland informed the Council that there were no provisions for landscaping the 400 block of Peoples Street in the City's current landscaping project for the area, and requested that it be done if possible. The Staff agreed to look into the matter. There being no further business to come before the Council, on Motion by de Ases, seconded by Lozano and passed, the Regular Council Meeting of March 31, 1976 adjourned at 6:55 p.m.