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HomeMy WebLinkAboutMinutes City Council - 05/05/1976•-MINUTES CITY CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING t4ay 5, 1976 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. City Manager R. Marvin Townsend • Executive Assistant City Attorney Michael May" 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 Luby. The Invocation was given by Council Member Gabe Lozano, Sr. 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 Gulley and passed unanimously, that the Minutes of the Regular Council Meeting of April 21 and the Special Meeting of April 21, 11:00 a.m. be approved as submitted to the Council. Motion by Gulley, seconded by de Ases and passed unanimously, that Council Member Edward Sample's absence from today's meeting be excused. Mayor Pro Tem Tipton announced the issuance of the following proclamations: Arthritis Month - May, 1976; Medical Assistants' Week - May 10 through 16, 1976; National Hospital Week - May 9 through 15, 1976; NCAA Tennis Week - May 26 through 31, 1976; Senior Citizen Month - May, 1976; Armed Forces Honor America Week - May 8 through 15, 1976; Toastmasters Week - May 8 through 14, 1976. Mayor Pro Tem Tipton announced the bid opening for and award of a 1 -year lease of minerals underlying the following tracts of City -owned land (approximately 2 acres): the park between Longview East and Longview West of Block 3 and Block 8 of Westgate Heights Subdivision and Westgate Park on Longview West. The minimum acceptable lease must include a $100 bonus, a 3/16 royalty, and a statement accepting the prohibition of a drill site on the surface of said three tracts. Director of Purchasing T. M. Jarvis opened and read the only bid received, from Kelly Bell. City Manager Townsend explained that the bid is not required by Charter to be tabled; therefore that it is the Staff's recommendation that the bid be awarded to Kelly Bell today. Motion by Lozano, seconded by Tipton and passed unanimously, to accept Kelly Bell's bid. Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: • MIICKUtiLiritu g.?Q219x0 Minutes Regular Council Meeting May 5, 1976 Page 2 a. Recommendation that a public hearing be held at a Special Council Meeting at 3:30 p.m. on May 26, 1976 on the following zoning applications: 1) Mr. Willie Jackson: "R -1B" to "B-1", located on the south side of West Point Rd., approximately 150' west of Barrera Drive. 2) Mr. V. A. Nolen: "FR" to "RE", located on the south side of Leopard Street immediately east of Western Hills subdivision. 3) Mr. Henry Ayala: "A-2" to "I-2", located on the northwest corner of Buford and 25th Streets. 4) Mr. J. W. Miller: "FR" to "I-2" on Tract A and "FR", to "R -1B" on Tract B, located on the south side of Leopard Street at intersection of Hart Road. 5) Mr. Guadalupe Jose Barrera: "R -1B" to "R-2", located on the south , side of Yale Street approximately 100 feet east of Prescott Street. b. Recommendation that bids be received at 11:00 a.m., Tuesday, May 25, 1976 for 15 electrically operated, registering locked fare boxes to be used on the 15 new transit coaches being bid under a grant from the Urban Mass Transportation Administration. The fare boxes will be paid for 80%- by the Federal government, 13% by the State Department of Highways and Public Transportation and 7% by bonds approved at the 1972 bond election. (Mayor Luby arrived at this time.) c. Recommendation that bids be received at 11:00 a.m., Tuesday, June 1, 1976 to furnish all labor, material and equipment to repair and point the 1,000,000 gallon water storage tank and tower at Alameda St. and Carmel Parkway. This is a budgeted maintenance project. d. Recommendation that cars, window vans and pickups be purchased as follows on the basis of low bid meeting specifications: (Bid Tab #18-76) Tradewinds Ford Sales, Inc., Corpus Christi - (1) replacement 4 -door standard sedan with air conditioning for Industrial Development $ 4,702.78 (6) replacement 4 -door compact sedans with air conditioning for Police Criminal Investigation, Special Services and Community Services and for the Transit Division 23,880.54 (2) replacement 4 -door compact sedans without air conditioning for the Fire Dept. and Gas Division 6,842.54 (4) replacement 2 -door sub -compact sedans without air conditioning for the Tax Office, Construction Inspection and Meter Reading 11,995.68 (20) replacement and 1 additional 1/2 -ton pickups for various City operations 74,589.90 Wayne Strand Pontiac GMC, Corpus Christi - (34) replacement and 2 additional 4 -door intermediate sedans with air conditioning and police package for Police Administration, Traffic and Patrol $155,705.25 (1) replacement 8 -passenger 3/4 -ton window van without air conditioning for Meter Reading 4,435.63 (1) replacement 5 -passenger 3/4 -ton window van without air conditioning for the Street Division 4,328.58 (2) replacement 3/4 -ton pickups for Traffic Engineering 8,071.08 (1) replacement 1 -ton pickup for the Street Division 4,268.47 Grand Total $122,011.44 $176,809.01 $298,820.45 Mi Ret Council Meeting , Nay _,,' 1976 Page 3 The apparent low bid submitted by Tradewinds Ford Sales, Inc. on the 1 -ton pickup of $4,176.90 did not meet specifications because they bid a 3/4 -ton pickup with a gross vehicle weight of 7,800 lbs. instead of a 1 -ton pickup. Bids were received from 7 firms. Price comparison reveals an increase of approximately 13.7%. The purchase of one additional replacement intermediate sedan with Police package is recommended to replace a wrecked vehicle. City Manager Townsend added that the Staff had been informed by Wayne Strand Pontiac GMC that two of their items (1 replacement 8 -passenger 3/4 ton window van without air conditioning for meter reading and 1 replacement 5 -passenger 3/4 -ton window van without air conditioning for the Street Division) may not be available from the factory; in which event the Staff requests approval to purchase those two items from the second low bidder, Tradewinds Ford Sales, Inc. e. Recommendation that an escrow agreement be approved with Corpus Christi Bank & Trust to segregate into a separate bank account the City's share of construction costs of the Corpus Christi Beach Restoration Project. The escrow agreement is required by the U. S. Corps of Engineers prior to starting construction, if the City wishes to keep its cash invested until actually needed for construction payments. f. Recommendation that an agreement be authorized with Columbia University, New York for a summer college student work/study program. 70% of the funds are provided by the college with the City providing the remaining 30%. The agreement will be from July 12 to September 1, 1976 and involves one position to be assigned to the Legal Department. This will allow a student who worked for the Legal Department last summer to do so again. g• Recommendation that International Aerial Mapping Company of San Antonio provide aerial photography for the area within the study area of the Corpus Christi Urban Transportation Study which has not been flown before. This includes the City of Portland and portions of Mustang and Padre Islands. Funds for this work are entirely provided by the federal government under the Unified Work Program for Transportation Planning. h. Recommendation that the Compensation Ordinance be amended by deleting the sentence "The fourth Monday of May (Memorial Day)" and substituting the sentence "The last Monday of May (Memorial Day)". There are 5 Mondays in May this year. i. Recommendation that plans and specifications for the concourse and baggage claim renovations at the Corpus Christi International Airport be approved and authority granted to receive bids May 26, 1976. The project includes the construction of a security screen along the north side of the concourse, a security screen in the lobby area and improvements in the baggage claim area, including new sign graphics to make the access to the gates, the security area, the lobby, airlines and baggage area more convenient to the traveling public. J• Recommendation that plans and specifications for street improvements for the San Diego Addition streets, Old Brownsville Road, Nogales Street, Rambler Street and Roslyn Street be approved and bids be received June 2, 1976. This project involves 11 miles of residential street reconstruction from 1972 voluntary paving petitions and is to be funded from the second -year Community Development Grant fund, 1972 bond funds, and assessments. Streets included are: Sarita Street, from Belton to Tarlton Bolivar Street, from Crosstown Expressway to Sarita Presa Street, from Crosstown Expressway to Sarita Soledad Street, from Niagara to Sarita Nogales Street, from Port to Sarita and from McArthur to Eisenhower Guadalupe Street, from Port to Sarita Niagara Street, from Bolivar to Guadalupe Old Brownsville Road, from Eastern to Morgan Rambler Street, from Horne Road to Roslyn Roslyn Drive, from Rambler to Prescott Minutes Regular Council Meeting May 5, 1976 Page 4 To determine the relative price of concrete compared to asphalt, an option is included to pave the residential streets in San Diego Addition with Portland cement. k. Recommendation that the following actions be taken in connection with the Broadway Wastewater Treatment Plant: 1. The Facility Plan, including the Environmental Assessment, be adopted and submitted to the Texas Water Quality Board and the Environmental Protection Agency. 2. Authority to submit an application to the Texas Water Quality Board for the Step 2 preparation of plans and specifications be granted. 3. An additional$51,752.94 be appropriated to cover expenditures related to Step 1 work based on the project's updated revised cost estimates including $48,413.50 for additional engineering, for a total engineering appropriation of $107,550. 1. Recommendation that the following action be taken in connection with improvements to North Staples Street from I.H. 37 to West Broadway and Starlite Lane from Leopard to Sunny Drive: 1. The North Staples assessment hearing be closed and the revised assessment roll of $51,490.62 be adopted; 2. The Starlite assessment hearing be closed and the revised assessment roll be adopted; 3. $1,335.30 be appropriated out of the Street Bond Fund to pay for expert testimony and legal advertising required in connection with the two projects. m, Recommendation that intrastate charter bus rates be increased to conform to new rates established by the Texas Railroad Commission on January 8, 1976. It has been the City's policy to charge the rates approved by the Commission for cross-country operators. The increase will change the minimum on non - restroom buses from 33 to 35 passengers and increase the minimum per mile from .$.78 to $.875. The minimum for restroom -equipped buses will remain at 38 passengers with the minimum per mile increasing from $.88 to $.95. Rate increases range from 12% for 33 passengers to 118 for 47 passengers for non - restroom charters and from 8% for 38 passengers to 11% for 47 passengers on restroom-equippped charters. n. Recommendation that a retirement program be established as of May 10, 1976 for employees over age 50 at the time of employment. The City's contributions will be the same as to the Texas Municipal Retirement System (now 7% of participant's gross salary). The employee will contribute 5% of gross salary. The City will invest and administer the fund. 0. Recommendation that the Compensation Ordinance be amended to help retain and recruit senior administrative and professional personnel: 1. Effective June 7, 1976 the spread differential between steps for salary grades 25 and above be increased from 4.3% to 5%, keeping all existing employees within $10 per pay period of their present salary. 2. The position of Data Processing Manager be reclassified from Grade 35 to Grade 36 effective immediately. 3. The classifications of Police Assistant Chief, Fire First Assistant Chief, Police Commander and Fire Assistant Chief be placed in the general salary schedule. Classification Salary Grade a. Police Assistant Chief 34 **b. Fire First Assistant Chief 34 c. Police Commander 32 **d. Fire Assistant Chief 32 M : Regular Council Meeting May 5, 1976 Page 5 P• q• Recommendation that authority be granted to submit an application to the United States Travel Service cf the Department of Commerce for $10,000 to conduct an advertising campaign in newspapers and magazines in Canada during the fall and winter of 1976 to promote tourism in Corpus Christi. These funds will be matched by $10,000 from revenue generated from the Hotel and Motel Room Tax. The. Corpus Christi Area Convention and Tourist Bureau will administer the program. Recommendation that a portion of a 10 foot utility easement, located on Lot 30, Block A, Perry Place, Unit #1, generally 205 feet south of Padre Island Drive facing on Paul Jones Avenue be abandoned. The replatting of property has provided ample easement for utilities. The affected depart- ments concur with this recommendation. Mayor Luby called for those from the audience who would like to speak regarding any item on the City Manager's Report. Mr. David Perry, attorney for the Corpus Christi Fire Fighters' Association, announced he would like to address the Council relative to item "o" and requested that he be granted a few minutes to study the item, since he had just arrived. The Council agreed. Mayor Luby brought up that he had been informed by Mr. L. M. Bishop, operator of the new concession stand on McGee Beach, that the facility is not draining properly; that he is standing in water, and is fearful of getting a shock when the electrical equipment is hooked up. City Manager Townsend acknowledged that there have been several problems with the initial operation of the concession stand, and that the Staff would look into the matter. Mr. Perry returned, and stated that on behalf of the Fire Fighters' Association he was shocked and appalled and thought it was in extreme bad taste that the City Manager made a recommendation for salary adjustments for Fire Department employees when they are currently under negotiations in the collective bargaining process. City Manager Townsend maintained that the recommendation was in no way contrary to the collective bargaining agreement; that it was designed to improve the opportunities for salary advancement for all City employees in Grades 25 and above, only a small portion of whom are firemen; further that he found it hard to believe that a representative of the firemen would argue against betterment of compensation for Fire Dept. personnel. Responding to a direct inquiry by Council Member de Ases, Mr. Perry said he would like to have the two classifications (Fire First Assistant Chief and Fire Assistant Chief) under item "o" removed from the agenda. The Council agreed, and the City Manager deleted those two points from his recommendation. ** Minutes Regular Council Meeting May 5, 1976 Page 6 Motion by Tipton, seconded by Gulley and passed --with Luby voting No on item "d" --that the City Manager's Reports be accepted, and items "a" through "q" (item "o" as amended) be granted, approved and adopted, as presented by City Manager Townsend. City Manager Townsend explained the proposed amendment to the ordinance to close the tunnel behind La Retama Library; that the amendment provides for actual barricading of the tunnel. City Manager Townsend assured Mayor Luby that the amendment would in no way jeopardize Mr. Bill Sweetland's acquiring a lease for the tunnel, City Manager Townsend next presented the ordinances, with related comments and explanations. Mayor Luby asked if anyone in the audience wished to speak regarding the ordinances, and Mr. Bill Sweetland asked for clarification from the Council relative to the proposed amendment to the ordinance closing the tunnel. City Manager Townsend responded that he would instruct the Staff not to physically close the tunnel until specifically approved to do so by the Council. Motion by Tipton, seconded by Gulley and passed unanimously, that the ordinance read the first two of three readings on April 21, 1976, and April 28, 1976, concerning closing of the pedestrian tunnel located behind La Retama Library, be amended prior to its third and final reading as follows: Amend Section 1 of said ordinance to hereafter read as follows: "SECTION 1. That the subsurface pedestrian tunnel under North Upper Broadway and North Lower Broadway from a point at the southwest corner of Leopard Street and North Upper Broadway to a point immediately east of the common intersections of North Lower Broadway, Schatzel Street and Peoples Street be closed, thus preventing its further use by the public as a pedestrian access, said closing to become effective upon physical barricading or closing of the tunnel." Mayor Luby asked that the Council be polled for their vote on the ordinances. City Secretary Read stated that according to his tabulation all ordinances voted upon passed, as follows: FIRST READING OF AN ORDINANCE FINDING THAT THE COST OF PROVIDING CITY'S INTRASTATE CHARTER BUS SERVICE HAS SUBSTANTIALLY INCREASED; ESTABLISHING NEW RATES FOR BUS CHARTER SERVICE IN ACCORDANCE WITH THE TARIFF ESTABLISHED BY THE RAILROAD COMMISSION, FOR REGULAR AND RESTROOM EQUIPPPED CHARTERS; AMENDING SECTION 2, ITEM (c), OF ORDINANCE NO. 9864, AS AMENDED BY ORDINANCE NOS. 10853, 11794, AND 12366, TO CONFORM TO SAID TEXAS RAILROAD COMMISSION TARIFF; 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, Gill, Gulley, Lozano, present and voting "Aye"; de Ases voting "Nay"; Sample absent. M. , ,Regu�ar Council Meeting May 5, 1976 Page 7 ORDINANCE NO. 13157 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 third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13158 CLOSING THE TUNNEL LOCATED BEHIND LA RETAMA LIBRARY THAT PRESENTLY PROVIDES PEDESTRIAN ACCESS TO THE BLUFF. The foregoing ordinance was read for the third time and passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13159 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EXCROW AGREEMENT WITH THE UNITED STATES OF AMERICA, REPRESENTED BY THE DISTRICT ENGINEER, U. S. ARMY ENGINEER DISTRICT, GALVESTON, TEXAS, AND THE CORPUS CHRISTI BANK & TRUST, THE CITY'S DEPOSITORY BANK, TO PERMIT INVESTMENT OF CITY'S FUNDS FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT UNTIL SAID FUNDS ARE NEEDED FOR EXPENDITURES, ALL AS MORE FULLY SET FORTH IN THE ESCROW 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, Gulley and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13160 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH COLUMBIA UNIVERSITY IN THE CITY OF NEW YORK FOR A SUMMER COLLEGE WORK-STUDY PROGRAM, 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, Gulley and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13161 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH INTERNATIONAL AERIAL MAPPING FOR AERIAL PHOTOGRAPHIC SERVICES OF THE METROPOLITAN PLANNING AREA AS IDENTIFIED IN THE UNIFIED WORK PROGRAM, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF; APPROPRIATING AND REAPPROPRIATING $6,600 OUT OF THE NO. 162 FEDERAL -STATE GRANTS FUND, ACTIVITY 4754, CODE 301, FOR SAID SERVICES; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13162 AMENDING SECTION 9 OF ORDINANCE NO. 8127, GENERALLY REFERRED TO AS THE CLASSIFICATION AND COMPENSATION PLAN FOR THE CITY OF CORPUS CHRISTI, TEXAS, SO AS TO CHANGE THE DATE SCHEDULED FOR MEMORIAL DAY HOLIDAY FROM THE FOURTH MONDAY OF MAY TO THE LAST MONDAY OF MAY; 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 and Lozano, present and voting "Aye"; Sample absent. Minutes Regular Council Meeting May 5, 1976 Page 8 ORDINANCE NO. 13163 ADOPTING THE FACILITY PLAN FOR THE BROADWAY WASTEWATER TREATMENT PLANT IMPROVEMENTS AS PREPARED BY MCCAUGHAN & ETHERIDGE, CONSULTING ENGINEERS, AND (1) AUTHORITING SUBMISSION 01, ALL COMPLETED STEP 1 WORK TO THE TEXAS WATER QUALITY BOARD AND (2) AUTHORIZING THE CITY MANAGER TO PROCEED IN MAKING AN APPLICATION TO THE TEXAS WATER QUALITY BOARD FOR FEDERAL ASSISTANCE FOR THE STEP 2 WORK FOR THE PLANT AND ITS IMPROVEMENTS; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13164 APPROPRIATING $51,752.94 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-72-1, BROADWAY SEWAGE TREATMENT PLANT IMPROVEMENTS, OF WHICH TOTAL APPROPRIATION $48,413.50 IS FOR ADDITIONAL ENGINEERING FEES FOR MCCAUGHAN & ETHERIDGE, CONSULTING ENGINEERS; $1,339.44 IS FOR THE REPRODUCTION OF THE FACILITY PLAN; AND $2.000 IS FOR THE SERVICES OF MRS. DOROTHY OPPENHEIMER, COURT REPORTER; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13165 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: 1. NORTH STAPLES STREET (M.H. 144) FROM I. H. 37 TO WEST BROADWAY, PROJECT NO. M R016 (1), AND 2. WINNEBAGO STREET, FROM NORTH ALAMEDA STREET TO NORTH STAPLES STREET, PROJECT NO. M R016 (1) AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13166 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: STARLITE LANE (M.H. 152) FROM LEOPARD STREET TO SUNNY DRIVE, PROJECT NO. M R030 (1) AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13167 APPROPRIATING A TOTAL OF $1,335.30 OUT OF THE NO. 220 STREET BOND FUND FOR EXPERT TESTIMONY AND LEGAL ADVERTISING IN CONNECTION WITH IMPROVEMENTS TO NORTH STAPLES STREET AND STARLITE LANE, OF WHICH TOTAL APPROPRIATION $719.25 IS APPLICABLE TO PROJECT NO. 220-72-6, NORTH STAPLES STREET, I. H. 37 TO BROADWAY, AND $616.05 IS APPLICABLE TO PROJECT NO. 220-72-10, STARLITE LANE, LEOPARD TO SUNNY DRIVE; 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 and Lozano, present and voting "Aye"; Sample absent., ORDINANCE NO. 13168 ESTABLISHING THE CITY OF CORPUS CHRISTI RETIREMENT PLAN FOR EMPLOYEES ENTERING EMPLOYMENT OVER AGE 50; PROVIDING FOR CERTAIN OPTIONAL AND MANDATORY REQUIREMENTS FOR EMPLOYEES; PROVIDING FOR RETIREMENT GUIDELINES; PROVIDING FOR CONTRIBUTIONS BY THE EMPLOYEE AND THE CITY OF CORPUS CHRISTI; PROVIDING FOR DISPOSAL OF FUNDS WHEN EMPLOYEE TERMINATES OTHER THAN BY RETIREMENT; PROVIDING FOR DISTRIBUTION AND COLLECTION OF FUNDS BY EMPLOYEE UPON RETIREMENT; PROVIDING FOR MANAGEMENT OF SAID FUND; PROVIDING FOR ADMINISTRATION OF SAID FUND; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample ,absent. • ' Min R2gu,o, Council Meeting • May 5, 1976 Page 9 ORDINANCE NO. 13169 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE UNITED STATES TRAVEL SERVICE OF THE UNITED STATES DEPARTMENT OF COMMERCE FOR THE PURPOSE OF REQUESTING $10,000 IN FEDERAL FUNDS FOR THE PURPOSE OF CONDUCTING AN ADVERTISING CAMPAIGN IN CANADA TO PROMOTE TOURISM IN CORPUS CHRISTI, AS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH DOCUMENTS AS MAY BE NECESSARY TO IMPLEMENT THE PROPOSED PROGRAM; APPROPRIATING AND REAPPROPRIATING OUT OF HTE TOURIST AND CONVENTION DEVELOPMENT FUND NO. 103, ACTIVITY 5599, CODE 490 FOR TRANSFER TO FUND NO. 103, ACTIVITY 5501, CODE 301 THE SUM OF $10,000 AS THE CITY'S SHARE FOR CONDUCTING THE AFORESAID ADVERTISING CAMPAIGN IN CANADA; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13170 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND KELLY BELL FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROSPECTING, DRILLING AND MINING FOR AND PRODUCING OIL AND GAS BENEATH THE SURFACE OF THOSE TRACTS OR PARCELS OF LAND DESCRIBED AS BEING A PART OF BLOCKS 3 AND 8 OF THE WESTGATE HEIGHTS SUBDIVISION, AND A PART OF BLOCK 3 OF THE HIGHLAND ESTATES ADDITION, MORE FULLY DESCRIBED HEREINAFTER, AND BEING FOR A PRIMARY TERM OF ONE (1) YEAR, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; 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 and Lozano, present and voting "Aye"; Sample absent. ORDINANCE NO. 13171 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT LOCATED IN LOT 30, BLOCK "A", PEARY PLACE UNIT 61, A SUBDIVISION OF THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED HEREINAFTER, SUBJECT TO THE DEDICATION BY SEPARATE INSTRUMENT OF A SUBSTITUTE EASEMENT IN SAID LOT 30, BLOCK "A", PEARY PLACE UNIT #1; 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 and Lozano, present and voting "Aye"; Sample absent. Motion by Tipton, seconded by Gulley and passed unanimously, that the physical closing of the tunnel behind La Retama Library should not occur until further action by the Council. The Meeting was recessed at 3:17 p.m. The Regular Council Meeting was resumed at 3:55 p.m. for the scheduled public hearings on two zoning cases. City Manager Townsend announced Application #376-8, Bar -Bob Motor Homes, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District en Lots 1 & 24 and the south 30' of Lot 23, Block 6, Lexington Estates Addition, and added that the recommendation of both the Planning Commission and the Staff is for approval. Chief Planner Larry Wenger presented a land use and zoning map of the area, explaining that the lot is vacant although the applicant parks some of his motor homes and recreational vehicles which are for sale on the lot. No one from the audience addressed the Council relative to the requested change in zoning. Minutes Regular Council Meeting May 5, 1976 Page 10 Motion by Lozano, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by Gulley, seconded by de Ases and passed unanimously, to accept the recommendation of the Staff for change of zoning from "B-1" to "B-4", Application #376-8, Bar -Bob Motor Homes. City Manager Townsend presented Application #376-9, Gus Munoz, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District, on Lot 1, Block A, Chula Vista #2 Addition, and added that the recommendation of the Planning Commission and the Staff is that it be denied. Chief Planner Larry Wenger presented a land use and zoning map of the area, and stated that it is a neighborhood -type area and the Staff is against the more intensive uses allowed in "B-4". He explained that the owner wants to operate a used car lot on the premises in addition to an existing service station. The applicant was not present to speak regarding his case; Mr. Wenger added that he also did not appear before the Planning Commission when his request was heard by them. Motion by Tipton, seconded by Lozano and passed unanimously, that the hearing be cLosed. Motion by Gulley, seconded by Gill and passed unanimously, that Application #376-9, Gus Munoz, for change of zoning from "B-1" to "B-4" be denied. City Manager Townsend next presented the ordinance for change of zoning of Bar -Bob Motor Homes, which the Council had approved. Motion by Gulley, seconded by Lozano and passed unanimously, to accept the ordinance. City Secretary Read stated that according to his tabulation the ordinance voted upon passed, as follows: ORDINANCE NO. 13172 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 BAR -BOB MOTOR HOMES, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 24, AND A PORTION OF LOT 23, BLOCK 6, LEXINGTON ESTATES ADDITION SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "B-1" NEIGHBORHOOD BUSINESS DISTRICT TO "B-4" GENERAL 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: Luby, Tipton, de Ases, Gill, Gulley and Lozano, present and voting "Aye"; Sample absent. Mayor Luby opened the floor for petitions or information from the audience, and Mr. Raymond Rodriguez announced that all the churches in the Diocese of Corpus Christi will ring their church bells in honor of the Bicentennial on July 4, 1976, at a time yet to be specified. He asked the Council's support in getting all other local .'Reg..tar Council Meeting May 5, 1976 Page 11 churches to join in this recognition, and their endorsement and assistance in attaining it on a nationwide basis, The Council agreed to draft a Resolution on same, and place it before the Bicentennial Commission. Mr. Eugene Bouligny, 3525 Austin, asked the Council's assistance regarding a piece of property he purchased over two years ago at a tax sale, which turned out to have a Small Business Administration lien against it. He stressed that he thought the City had a moral responsibility to repurchase the property, because he was not informed of the lien at the time of purchase. City Manager Townsend responded that the City did not initiate the sale, and therefore is not directly responsible that the lien was not discovered prior to the sale. He added that the matter has been before the Staff for several weeks, and they are trying to find an equitable answer to the problem, if possible. Council Member Gulley asked the City Manager to prepare a status report for the Council on the subject within two weeks. City Manager Townsend announced the public hearing on the request by Athena Cablevision of Corpus Christi, Inc. for a rate increase. Mr. Townsend pointed out that Athena was asking for approval of a two-step increase, but that he could not recommend that it be granted without another public hearing for the second step at the later date. He distributed to the Council copies of the memo from Chas. Daley, Assistant Director of Finance, regarding the situation. Representing the application was Mr. Al McKay of Port Arthur, Texas, District Manager for Athena Cablevision of Corpus Christi. He reviewed the requested increases outlined in his petition which was before the Counci]. and Staff. He explained that the company is seeking a two-step increase, part of which would be effective immediately and the remainder on January 1, 1977, "in order to make it as palatable to the citizens as possible", adding that several other cities have approved the same thing. He cited comparable rates for Athena Cablevision service which are being charged in other cities in Texas. Mr. McKay stated he believes Athena has done everything possible to cut costs and increase customers, and has reached the point where it cannot continue to operate on the same basis. He replied to Council Member de Ases that the number of customers who will discontinue their service upon the rate increases cannot be accurately predicted, although there will undoubtedly be some who will cancel. There was further discussion of the rate increases among the Council Members. City Manager Townsend clarified that the only factors to be considered in the rate change request were the company's rate base, income, expenses and rate of return. He acknowledged that Athena's franchise is technically in default, but stressed that that was not the Minutes Regular Council Meeting May 5, 1976 Page 12 issue; neither should complaints of bad reception, poor service, etc. be considered. No one from the audience addressed the Council relative to the matter, Motion by de Ases, seconded by Gulley and passed unanimously; that the hearing be closed. Motion by Gulley, seconded by de Ases and passed --with Tipton voting No --that the request of Athena Cablevision of Corpus Christi, Inc. for a rate increase in the full amount requested be approved, stipulating that lesser rates can be charged as long as they are charged without discrimination. Mayor Luby opened the floor for petitions or information from the audience on natters not scheduled on the agenda. Mr. A. G. Mejia spoke representing his mother- and father-in-law at 1212 South Alameda, stating that they are against the Halfway House which is being proposed by the Texas Youth Council being located at 1200 Tenth Street, which would be close to their home. He stated that since taxpayer money is paying for the program, they believe a more suitable place with a recreational area should be found. Mr. Manuel Cuellar also spoke for his mother- and father-in-law at 1212 South Alameda, adding that he has lived in the area for years at 1205 South Alameda, and believes the area would be detrimental to the recipients of the program and the program would also be detrimental to the area. He cited the presence of narcotics in the vicinity; and that he feels it should be located outside of the City limits. He also objected to the fact that the surrounding residents had not been contacted before the location was decided upon. Dr. Stan Pinder, of the Texas Youth Council, responded that the program must be located within the City limits; and that he does not believe the majority of the citizens in the area would be against it. He reviewed the standards set by the Department of Public Welfare for operation of the Halfway House, and assured the Council that the boys would be closely supervised. Mrs. Virginia Franke, who lives adjacent to the Halfway House in Austin, reported to the Council that it has been "just like having a family of boys living next door -- there has been absolutely no problems in any way." She told of a Neighborhood Advisory Board, consisting of 9 people living within a 2 -block radius of the House, which was set up to help with problems and concerns of the citizens; but that after four months of operation of the House they have heard no complaints. . • Mir Regu�... Council Meeting • t1ay 5, 1976 Page 13 Mr. Elfego T. Leal, 1210 Tenth Street, appeared in opposition, adding that there is no yard or room for any outdoor activity by the boys on the site chosen. Mr. A. G. Mejia suggested Dr. Pinder check into a large house next to Miller High School with a big yard. Council Member de Ases inquired why a more concerted effort was not made by the Texas Youth Council to inform the neighborhood that the facilities would be placed there; that he thinks then perhaps the opposition would have been less. Mayor Luby remarked that he is very much in favor of the program and thinks the City needs it; however, he cannot accept it in that location because he doesn't feel the area is sufficient for it. He added that if the Council cannot stop its being located there, they should assist in finding another site for it. Dr. Pinder responded to Council Member de Ases that it has been tried many times in other cities and also by other agencies to contact the people in the neighborhood door-to-door for their views, and explain the program to them; but that many people have their minds made up and it doesn't seem to do any good. He added that he feels they would lose ground by backing off and trying another location. Council Member Gill acknowledged that if it were to be located in her neighborhood she might feel a Little uneasy; but that the toys would be better controlled and better supervised than children in the average neighborhood. Council Member Gulley remarked that he thinks thLs is one of the best programs he has ever heard of; that the Mayor of Austin and CounciLman John Trevino of Austin and Mrs. Franke who lives next door to the House in Austin aLl report there have been no problems whatsoever with the program there, and he feels it would be the same in Corpus Christi. Mr. Sergio Campos addressed the Council, explaining that he is one of the residents of the Halfway House in Austin; that he has seen the proposed location for the House in Corpus Christi and thinks it's a fine place; that the residents do not need a yard or larger outside area because they are taken out to parks, swimming, etc. Ms. Linda Samaniego who lives in the area explained that families in the vicinity have chiLdren of their own, and are afraid the boys would influence their children; that she feels there needs to be at least a block between the House and other residents' homes. She also stated she is fearful that it would devalue their property even more, in an area which is already low. Minutes Regular Council Meeting May 5, 1976 Page 14 City Manager Townsend advised that the Council's1only recourse f they so desired would be to rezone the area so as not to permit that use of the property. Council Member de Ases summarized for Dr. Pinder that they have the proper 5 zoning to establish the House at 1200 Tenth Street; that no one spoke against the program, but that the Council is not entirely convinced that the location they have selected is the best one. Dr. Pinder responded that he would not want to do anything contrary to the wishes of the Council; and that they will look for another location. There being no further business to come before the Council. on Motion by Tipton, seconded by Gulley and passed unanimously, the Regular Council Meeting of May 5, 1976 adjourned at 5:58 p.m.