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HomeMy WebLinkAboutMinutes City Council - 06/09/1976PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council Members: Eduardo E. de Ases Bob Gulley Gabe Lozano, Sr. Edward Sample Church. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 9, 1976 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Dr. Vernon 0. Elmore, Pastor of the First Baptist 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 Sample, seconded by Tipton and passed unanimously, that Council Member Gill's absence from today's meeting be excused. Mayor Luby announced the issuance of a Proclamation for Softball Week - June 7 through 13, 1976. Mr. Gordon Humphrey of the National Maritime Union reaffirmed his previous support for the community -convention center and announced plans to develop, print and distribute a flier in English and Spanish, urging the people to vote for the community - convention center. Mr. Humphrey also discussed the complaint from a resident on Ocean Drive regarding the traffic and parking problems during events at the new Bicentennial Amphitheater. He suggested that people be allowed to park in the Exposition Hall or City Hall parking lots, with shuttle buses provided to transfer them to the Amphitheater for a nominal fee. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that reflective barricade material be purchased from 3M Company, St. Paul, Minnesota for the only bid received of $4,410.80. The material will be used on street barricades and will be purchased from a grant from the Governor's Office of Traffic Safety for replacement of 250 sub -standard City barricades with new uniform reflective barricades. (Bid Tab #25-76) b. Recommendation that contracts be awarded to the following firms for a 6 months supply of automotive parts for the Service Center, Transit Garage and Fire Department: Jobbers Warehouse, Corpus Christi Chassis Parts $1,150.00, Clutch Parts $2,800 Anco Wiper Blades & Refills, $1,100 $ 5,050 Minutes Regular Council Meeting .runt 9, 1976 Page 7 ' Motor Parte, Corpus Christi Exhaust System Parts, $4,000.00, Hose Clamps $300 Shock Absorbers $2,600, Universal Joints $650 Fuel Pumps $250 Hollis Neese, Corpus Christi Brake Parts $4,800, Caps & Thermostats $250, Reflectors, Mirrors & Lens $2,500, Switches (Universal Type) $470 Alphin Supply, Corpus Christi Alternators, Starters & Water Pumps S. X. Callahan, Corpus Christi - Wire Sets Auto & Truck Parts, Corpus Christi - Bearings & Seals Hollis Neese, Corpus Christi or Motor Parts, Corpus Christi (determine award by casting of lots) Miniature & Sealed Beam Lamps, Flashers $1,650 Rubber Products $1,800 7,800 8,020 6,800 2,100 1,050 3,450 $34,270 Bids were received from 9 firms. It is estimated that a 5% savings will be achieved by purchasing these items in this manner as opposed to buying them individually by telephone bid on the open market. The recommended bidder was determined by the type of price list supplied, the percent of discount and a sample purchase. (Bid Tab 1126-76) Under item "b" the Staff recommended that the award of the tie bid between Hollis Neese and Motor Parts for miniature and sealed beam lamps, flashers and rubber products be determined by casting of lots. A gentleman from the audience drew out "Motor Parts" company, so the bid for those items was awarded to Motor Parts, Corpus Christi, in the amount of $3,450. c. Recommendation that authority be granted to execute a Title II Com- prehensive Employment and Training Act contract modification extending the City's contract from June 30, 1976 to January 31, 1977, increasing the contract funds by $834,279 from $946,677 to $1,780,956 and funds available for FY 1976 from $495,071 to $1,279,467. Of this amount, approximately $445,000 will be expended by June 30, 1976. Funds available for continuation of the Title II program through January 31, 1977 are $834,467. It is recommended that approximately 20 lith. TI employees be continued through January 31, 197/ and approximatoly 150 currently nmplu«,d Title VT participants he- 1renalerred lo the 'Dille 11 program alrn 1ltn- holy I. I976. d. Recommendation that authority be granted to execute a Title VI Compre- hensive Employment and Training Act Department of Labor contract modi- fication extending the contract date from June 30, 1976 to January 31, 1977. The total contract amount of $1,440,291 remains unchanged. Approximately $150,000 in projected unspent FY 1976 funds as of June 30 are being re -programmed to extend 56 public service employment positions through January 31, 1977. These positions are presently funded with 8 Title VI sub -agents. e. Recommendation that contract modifications be approved with the following employing agencies for public service employment under Title VI of the Comprehensive Employment and Training Act of 1973; Minute Regula. ancil Meeting June 9, 1976 Page 3 Corpus Christi ISD $216,300 to $281,600 27 positions Oalallen ISD 31,000 to 39,500 4 positions Tuloso-Midway ISD 29,400 to 43,500 3 positions West Oso ISD 37,100 to 53,000 5 positions Flour Bluff ISD 33,100 to 43,000 5 positions Lulac Educational Service Center 21,150 to 31,350 2 positions Del Mar College 17,500 to 27,200 3 positions Nueces County Community Action Agency 50,400 to 69,000 7 positions The Title VI contract modifications will extend existing public service positions with the employing agencies from June 30, 1976 through January 31, 1977. The modifications involve no additional Title VI funds. Unexpended money from the City's turrent allocations will be used for the contract extensions. f. Recommendation that authority be granted for the City, as the Administrative Unit for the Manpower Consortium, to submit modifications to Title II and Title VI Grants to add $1,244,616 to Title II and extend the termination date of both grants to January 31, 1977. A breakdown of the allocations as approved by the Executive Committee on June 2, 1976 is as follows: 8. Bee County $ 14,080 Brooks County 19,783 Duval County 6,656 Jim Wells County 41,452 Kleberg County 16,706 Live Oak County 4,607 Refugio County - City 5,718 City of Robstown 75,980 City of Corpus Christi 834,279 Balance of Nueces County 38,454 San Patricio County 186,901 $1,244,616 Recommendation that an application be submitted to the Criminal Justice Division and authority be granted to execute related documents to continue funding of the Police Legal Advisor from July 1, 1976 through September 30, 1976. The total request of $9,119 will request 1007 Criminal Justice Division funding of the Legal Advisor, secretary and related office equip- ment and travel through September 30. The City furnishes office space a desk and in-kind personnel services of $28,319. The original project was two years with the first grant being for nine months and the second grant for twelve months leaving funds available of three months from the 24 -month project maximum period. h. Recommendation that a grant be approved with the Bureau of Outdoor Recreation through the Texas Park and Wildlife Department for federal assistance in the development of Flour Bluff Park. The total is $440,800 with the federal portion being $220,400, the local portion $220,000 and the state portion $400. The grant provides for construction of a swimming pool and bathhouse, tennis courts, picnic unite, play equipment, walks and bike trails, restrooms, pavillion, service building, roads and parking. Council authority to submit the application was provided on October 28, 1975. Item "i" withdrawn. j• Recommendation that an agreement with the State be approved for street improvements along Leopard Street from Carancahua Street to west of Palm Drive and $68,200 be appropriated to be placed in escrow with the State. The State anticipates receiving bids in July. This project was in the 1972 Bond Program and is in the Second Year Urban Systems Program through which Federal and State participation is received under the 1973 Federal Highway Act. Estimated project cost is $240,600 with $172,400 being the a:itimated Federal -State share. It is further recommended that an agreement between the State, the Missouri Pacific Railroad, and the City for the eonstrantfon of a full planked crossing east of Port Ave on Leopard also he approved. Minutes Regular Council Meeting June 9, 1976 Page 4 k. Recommendation that the preliminary assessment roll of $135,610.87 for street improvements for the San Diego Addition, Old Brownsville Road, Nogales, Roslyn, and Rambler Streets be adopted and that the public hearing on assessments be held July 7, 1976 at 7 p.m. at the Greenwood Senior Citizen Center. The Assessment Roll has been prepared in accordance with current policy based on the low bid of $357,578.65 submitted by Asphalt Maintenance Company. *Items "1" and "m" later considered. n. Recommendation that authority be granted for the City, as the Manpower Consortium's Administrative Unit, to submit an application to the Community Services Administration for a $79,390 grant for a 1976 Summer Youth Recreation Program from June 1, 1976 through September 30, 1976, to provide 100,000 user visits throughout the Area. The allocations and area served as approved by the Executive Committee on May 20, 1976, are as follows: Allocation $ 3,110 Program Coordinator Area Served City of Corpus Christi Bee (Balance of County) Beeville Brooks Duval Jim Wells (Balance of County) Alice Kennedy Kleberg (Balance of County) Kingsville Live Oak McMullen Nueces (Balance of County) Robstown San Patricio 38,814 1,774 2,541 1,519 2,224 2,450' 3,818 126 896 5,398 1,271 209 4,137 2,129 8,974 TOTAL $79,390 The City of Refugio and Refugia County have elected not to participate. Should any other area not participate, the related funds will be re -allocated to other areas. The Summer Youth Recreation Program will be offered to disadvantaged youth too young to obtain employment,. D. Recommendation that insurance be purchased as recommended by the Insurance Advisory Committee, as follows: Policy General liability - Continental Insurance Co. L:'t syr..l.,,M • Vitrli excuas IinbiLity - Alliance Insurance Co. Gas system - second excess liability - Ranger Insurance Co. Limits Length of Previous New Policy Premium Prem. $300/300/50/250,000 1 yr. $ 90,243 $44,218 $200/200/50/50,000 1 yr. 4,050 6,231 $4,500/4,500/4,900/ 4,700,000 1 yr. 16,408 42,200 Min Regular Council Meeting June 9, 1976 Page 5 Automobile liability - Continental Insurance Co. $100/300/50/50,000 1 yr. 110,567 123,570 'transit systcm - first excess automobile liability - Alliance Insurance Co. $900/700/950/950,000 1 yr. 6,572 12,462 Transit System - second excess automobile liability - $1,000/1,000/1,000/ Interstate Insurance Co. 1,000,000 1 yr. 5,806 Airport owner's, landlord's & tenant's liability - Fidelity & Casualty of New York $300/300/50/50,000 1 yr. 3,160 3,160 Fire and extended coverage - Hartford Insurance Group $11,750,000 3 yrs. 106,920 70,500 Highlands Insurance,Group $11,750,000 3 yrs. 70,500 Totals $337,920 $378,647 ft is recommended that the minimum value building insured under fire extended coverage be increased from $5,000 to $10,000 and that the deductible also be increased from $5,000 to $25,000 resulting in a premium savings of $16,853. It is further recommended that a fire and extended coverage self- insurance fund account be established to compensate for the changes in the limits of fire and extended coverage by depositing the $16,853 reduction in insurance premium, or $5,618 annually. Bids were received from 6 companies on general liability insurance, 4 companies on excess gas liability, 6 companies on automobile liability, 5 companies on excess transit liability, 1 company on airport owner's, landlord's and tenant's liability and 12 companies on fire and extended coverage. No one from the audience addressed the Council regarding the City Manager's Report. Motion by Tipton, seconded by Lozano and passed --with Gulley voting No on item "o" --that the City Manager's Report be accepted, and items "a" through "o" --item "i" withdrawn and items "1" and "m" to be considered later --be granted, approved and adopted, as presented by City Manager Townsend. City Manager Townsend next explained items "1" and "m", which he described in more depth since those items had not been discussed in the morning's Workshop Meeting. 1. Recommendation that the following actions be taken in regard to the West Oso Tennis Courts. (1) bids received April 14, 1976 be rejected because the West Oso Independent School District Board does not wish to proceed with the project, and 1 (2) two courts be constructed in Westhaven Park. m. Recommendation that a public hearing be held on Jane Si for vonaldrinituu of the recommendation of the Planning Coned,3sion that n preservation plan, as proposed by the Landmark Commission, be adopted. The Planning Commission held the public hearing on the proposed plan on April 27, 1976. Minutes Regular Council Meeting June 9, 1976 Page 6 Relative to item "1", Ernest Briones explained that a new school board had taken office; that they were reluctant to donate the land for two tennis courts to the City even though if that use were discontinued the land would revert back to them;'alao that they feel there are other priorities in their new budget. Council Member de Ases asked that the Staff send a letter to the school board, expressing the City's continued interest in the project. City Manager Townsend agreed that a letter will be sent, restating the offer and giving a timeframe to go back out for bids on the tennis courts. Therefore, the item was postponed for one week. Concerning item "m", City Manager Townsend distributed a Resolution from the Landmark Commission urging preservation and use of historical landmarks in the city, in conjunction with the adoption of the Corpus Christi Preservation Plan. Motion by de Ascs, seconded by Lozano and passed unanimously, that item "m" of the City Manager's Report be accepted, and granted, approved and adopted as presented by City Manager Townsend. Mayor Luby called for petitions or information from the audience, and Mr. A. D. Kirby, 510 Carmel, asked the status of the Halfway House which was proposed in a building at Craig and Tenth Street. He continued that he does not believe the true picture was presented by the Texas Youth Council; that the building considered was not vacant as indicated, but has 9 families living on the property; and that the young people in the House would be 16 to 20 years old rather than 14 to 16 years. He stated that the families in the building have received eviction notices effective June 19th, and he does not think it is fair; that he does not live in the area but operates a business{ there. He passed around to the Council one of the eviction notices, showing the new owner's phone number. City Manager Townsend reviewed that the Staff does not feel there is a legal conflict with the zoning ordinance in establishing the Halfway House in that structure. It was suggested that the Staff contact Mr. Miller at the local Martineau Juvenile Hall, who could perhaps clarify some of the information by contacting the Texas Youth Council in Austin, and report back next week. Council Member Gulley asked that the Staff also at that time be able to inform the Council what action they could take if they wish to stop the eviction and prevent the program from locating there. Min Regu_ .ouncil.Meeting June 9, 1976 Page 7 Mrs. Evelyn Wilson, Chairperson of the Senior Citizens Programs in Community Services, 3401 South Alameda, informed the Council of the parking problem at the Lindale Center, which had been brought to their attention on previous occasions. She emphasized that the building is used very much now, with at least 100 people having lunch there at noon, large groups meeting there often, dances in the evening, etc. She stressed that there are only 20 parking spaces; that they cannot afford the risk of having some of the elderly citizens park a block -and -a -half away and walking over rough ground to get to the facility. City Manager Townsend responded that the Staff will further study the matter and report back to the Council next week. Mr. David Perry, attorney for the Corpus Christi Firefighters Association, addressed the Council on behalf of the union, that they appreciate the constructive attitude taken by the City and their offer of granting a 15 -day extension on the collective bargaining negotiations; that they are hopeful they will be able to make more progress and work the matter out in a satisfactory way to all parties. Upon Council Member de Ases' invitation, Mr. Perry elaborated on a suggestion which was made at a meeting regarding the community -convention center, that an advisory committee be appointed to give input after the election on the various decisions that would need to be made concerning planning and construction of the facility. He explained that a similar committee was established for assisting in the construction of the County Courthouse. He added that the committee, should be well representative of the community; and that it was felt that knowledge on the part of the people that such a committee would exist might promote their confidence and support of the convention center. There was some discussion of the suggestion. Some Council Members felt that the present committee formed by the Friends of Corpus Christi would function in that capacity; others felt that appointment of such a committee at this time would be premature. The meeting recessed at 3:45 p.m. to hold a Special Council Meeting for three zoning cases. The Regular Council Meeting was resumed at 4:35 p.m. . City Manager Townsend presented the ordinances, with related comments and explanations. No one from the audience spoke relative to any of the ordinances. Mayor Luby asked that the Council be polled for their vote, and City Secretary Read stated that according to his tabulation all ordinances voted upon passed unanimously, as follows: Minutes Regular Council Meeting June 9, 1976 Page 8 ORDINANCE NO. 13208 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF VARIOUS STREETS IN SAN DIEGO ADDITION, OLD BROWNSVILLE ROAD, NOGALES, RAMBLER, AND ROSLYN STREETS AS FOLLOWS: 1. SARITA STREET, FROM BELTON STREET TO TARLTON STREET; 2. BOLIVAR STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 3. NIAGARA STREET, FROM BOLIVAR STREET TO GUADALUPE STREET; 4. PRESA STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 5. SOLEDAD STREET, FROM NIAGARA STREET TO SARITA STREET; 6. NOGALES STREET, FROM PORT AVENUE TO SARITA STREET; 7. GUADALUPE STREET, FROM PORT AVENUE TO SARITA STREET; 8. OLD BROWNSVILLE ROAD, FROM EASTERN STREET TO MORGAN STREET; 9. NOGALES STREET, FROM MCARTHUR STREET TO EISENHOWER STREET; 10. ROSLYN STREET, FROM RAMBLER STREET TO PRESCOTT STREET; AND 11. RAMBLER STREET, FROM HORNE ROAD TO ROSLYN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE 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: Luby, Tipton, de Ases, Gulley, Lozano and Sample, all voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-252, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN'STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON BOTH SIDES OF LANTANA STREET FROM THE NORTH FRONTAGE ROAD OF I.H. 37 TO A POINT 600 FEET NORTH OF ACADEMY DRIVE, AND ON BOTH SIDES OF ACADEMY DRIVE FROM LANTANA STREET TO CONCHO STREET; AND PROVTDING FOR PUBLI- CATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR A THREE-YEAR FOOD AND DRINK CONCESSION AT THE OSO GOLF COURSE WITH AUTOMATED SERVICES, INC., CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE CONCESSION AGREE- MENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13210 AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-131, PARKING METER ZONES ESTABLISHED, BY ADDING TO SUBSECTION (a) METER ZONE NO. 1, AN ITEM TO BE NUMBERED 18, TO PROVIDE FOR MINIMUM OF ONE HOUR AND A MAXIMUM OF TEN HOURS FOR PARKING ON LIPAN STREET, BETWEEN NORTH CARANCAHUA STREET AND NORTH TANCAHUA STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILTTY; PROVIDING FOR PUBLICATION. The.foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13211 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR THREE-MONTH FUNDING OF THE POLICE LEGAL ADVISOR, FROM JULY 1, 1976 THROUGH SEPTEMBER 30,,1976, IN THE SUM OF $9,119, A SUBSTANTIAL COPY OF WHICH GRANT APPLICATION IS ATTACHED, HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE THE AFORESAID PROGRAM THROUGH SEPTEMBER 30, 1976; AND DECLARING AN EMERGENCY. The.Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. Mint Regu ouncill1eeting June 9, 1976 Page 9 ORDINANCE NO. 13212 AUTHORIZING THE CITY MANAGER TO EXECUTE A FINANCIAL AGREEMENT AND ALL OTHER NECESSARY DOCUMENTS WITH THE BUREAU OF OUTDOOR RECREATION THROUGH THE TEXAS PARK AND WILDLIFE DEPARTMENT FOR THE DEVELOPMENT OF FLOUR BLUFF PARK AS A PUBLIC OUTDOOR RECREATION AREA; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE; DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting 'Aye"; Gil] absent. ORDINANCE NO. 13213 AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION EXTENDING THE CONTRACT DATE FROM JUNE 30, 1976 TO JANUARY 31, 1977, AS MORE FULLY SET OUT IN THE CONTRACT MODIFICATION, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EXTEND THE AFORESAID PROJECT TO JANUARY 31, 1977; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13214 AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACT MODIFICATIONS WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, TULOSO-MIDWAY INDEPENDENT SCHOOL DISTRICT, CALALLEN INDEPENDENT SCHOOL DISTRICT, WEST OSO INDEPENDENT SCHOOL DISTRICT AND FLOUR BLUFF INDEPENDENT SCHOOL DISTRICT, LULAC EDUCATIONAL SERVICE CENTER, DEL MAR COLLEGE AND THE NUECES COUNTY COMMUNITY ACTION AGENCY FOR 56 PUBLIC SERVICE EMPLOYMENT POSITIONS UNDER TITLE VI OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973, AS MORE FULLY SET OUT IN SAID CONTRACTS, COPIES OF WHICH, IN SUBSTANTIALLY THE SAME FORM, ARE ATTACHED HERETO, MARKED EXHIBITS "A" THROUGH "H", 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13215 AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION TO EXTEND THE CONTRACT DATE FROM JUNE 30, 1976 TO JANUARY 31, 1977, THE TOTAL CONTRACT AMOUNT TO BE INCREASED FROM $946,677 TO $1,780,956, ALL AS MORE FULLY SET FORTH IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EFFECT THE CONTRACT MODIFICATION AND TO CONTINUE THE PROGRAM TO JANUARY 31, 1977; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13216 AUTHORIZING THE CITY MANAGER TO SUBMIT A CETA TITLE II AND TITLE VI GRANT MODIFICATION FOR THE CITY, AS THE CONSORTIUM'S ADMINISTRATIVE UNIT, TO THE DEPARTMENT OF LABOR, PROVIDING FOR ADDITIONAL FUNDING IN THE AMOUNT OF $1,244,616 TO THE TITLE II GRANT AND EXTENDING THE TERMINATION DATE OF BOTH GRANTS TO JANUARY 31, 1977, AS MORE FULLY OUTLINED AND SET FORTH IN THE GRANT MODIFICATIONS, COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B", AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS IN THE IMPLEMENTATION, CONTINUATION AND ADMINISTRATION OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. Minutes Regular Council Meeting June 9, 1976 Page 10 ORDINANCE NO. 13217 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS PERTAINING TO THE CONSTRUCTION OF IMPROVEMENTS TO LEOPARD STREET (LOOP 407) FROM CARANCAHUA STREET TO WEST OF PALM DRIVE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF; APPROPRIATING $68,200 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-2, SAID SUM TO BE PLACED IN ESCROW WITH THE STATE TREASURER ACCOUNT TRUST FUND NO. 927 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST; AND FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE AND MISSOURI -PACIFIC RAILROAD CO. FOR THE CONSTRUCTION OF A FULL PLANKED RAILROAD CROSSING IN CONNECTION WITH THE PROJECT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13209 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 SAN DIEGO ADDITION, OLD BROWNSVILLE ROAD, NOGALES, RAMBLER AND ROSLYN STREETS: 1. SARITA STREET, FROM BELTON STREET TO TARLTON STRRET; 2. BOLIVAR STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 3. NIAGARA STREET, FROM BOLIVAR STREET TO GUADALUPE STREET; 4. PRESA STREET, FROM CROSSTOWN EXPRESSWAY TO SARITA STREET; 5. SOLEDAD STREET, FROM NIAGARA STREET TO SARITA STREET; 6. NOGALES STREET; FROM PORT AVENUE TO SARITA STREET; 7. GUADALUPE STREET, FROM PORT AVENUE TO SARITA STREET; 8. OLD BROWNSVILLE ROAD, FROM EASTERN STREET TO MORGAN STREET; 9. NOGALES STREET, FROM MCARTHUR STREET TO EISENHOWER STREET; 10. ROSLYN STREET, FROM RAMBLER STREET TO PRESCOTT STREET; AND 11. RAMBLER STREET, FROM HORNE ROAD TO ROSLYN STREET, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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 OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESS- MENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD JULY 7, 1976, AT 7:00 P.M., AT GREENWOOD SENIOR CITIZENS CENTER, 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: Luby, Tipton, de Asea, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13218 GRANTING A REVOCABLE EASEMENT TO MAVERICK MARKETS, INC., TO INSTALL AND MAINTAIN THREE DECORATOR PLANTERS AT EACH OF THREE LOCATIONS, FOR THE PURPOSE OF LANDSCAPE BEAUTIFI- CATION, IN THE PUBLIC RIGHT OF WAY, AT 3535 SOUTH STAPLES STREET, 3720 SOUTH ALAMEDA STREET AND 4139 SOUTH ALAMEDA STREET, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED,EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13219 CLOSING THE REMAINING ALLEYWAY IN BLOCK X, OCEAN VIEW ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: 'Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent: Minut. Regular ..ouncil Meeting June 9, 1976 Page 11 ORDINANCE NO. 13220 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27T11 DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PACES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TJME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF BENEDICTINE FATHERS OF TEXAS, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR A RECREATION COMPLEX ON A 15.5+ ACRE TRACT LOCATED ALONG THE EAST SIDE OF LANTANA STREET MIDWAY BETWEEN UPRIVER ROAD AND I.H. 37, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; 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, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. ORDINANCE NO. 13221 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A $79,390 GRANT FOR THE CITY, AS THE CONSORTIUM'S ADMINISTRATIVE UNIT, TO THE COMMUNITY SERVICES ADMINISTRATION TO PROVIDE A 1976 SUMMER YOUTH RECREATION PROGRAM FROM JUNE 1, 1976 THROUGH SEPTEMBER 30, 1976, FOR ECONOMICALLY DISADVANTAGED YOUTH IN THE CONSORTIUM AREAS, AS MORE FULLY OUTLINED AND SET FORTH IN THE GRANT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF AND MARKED EXHIBIT "A", AND TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FN THE IMPLEMENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Gill absent. Mayor Luby asked if there were further petitions or information from the audience, and recognized Mrs. Frank Cervera. Mrs. Cervera protested the rental fee charged for use of the Peoples Street T -Head Bandshell. She stated she has never been charged for her events in the past, which she said are cultural programs and dances with no admission charge. City Manager Townsend explained that the Park and Recreation Department has been reviewing the programs which have not been producing income and decided to start Charging the rental fee. He explained that if the City co-sponsors the programs there is no charge; if not, the using party must pay the rental fee. He reviewed that all of Mrs. Cervera's programs were co-sponsored by the City last year; however, that this year the Park and Recreation Department has not so recommended in her case and several others. Mrs. Cervera hotly disputed that if the City did in fact co-sponsor her activities last year, she did all the work toward the programs. City Manager Townsend responded that as co-sponsor the City schedules the events and acts as coordinator, etc. Motion by Lozano, seconded by de Ases, that the City co-sponsor Mrs. Cervera's programs this year. Minutes Regular Council Meeting June 9, 1976 Page 12 There was further discussion of the matter, Replying to inquiries from the City Manager, Mrs. Cervera stated that she sloes give dance lessons for a fee, 4 and some of these programs are performances by her dance classes. Council Member Gulley acknowledged that Mrs. Cervera puts on some fine events, but he would be in favor of studying the Park Board's new recommendations regarding all activities held at the Band Shell. Mayor Luby called for the vote, and the Motion passed with Luby, Tipton, de Ases, Lozano and Sample voting "Aye"; Gulley voting "Nay"; Council Member Gill absent. Mr. Don Natale, public relations coordinator of the Peoples Alley project for downtown, presented a proposal to the Council to close the 400 block of Peoples Street on July 3 and 4, and requested that the matter he considered as quickly as possible due to the tight timeframe. City Manager Townsend responded that the businesses in the vicinity would need to have an opportunity to speak relative to the proposal; also that the Staff would study the matter and make a recommendation in one week. Mr. Bill Sweetland, developer of the Peoples Alley project, addressed the Council concerning planting shade trees rather than palm trees on Peoples Street downtown, stating he had some additional information on the subject since his appearance last week. He informed the Council that an employee of the Park and Recreation Department recommended the Chinese tallow tree for maximum foliage and shade; that those trees would be cheaper than palm trees; and he urged the Council to try this on an"experimental basis. A lengthy discussion followed. Some of the concerns expressed were that the Chinese tallow trees would require more water and pruning than palm trees; also their]la=ge size and possible problems with their root growth. Motion by de Ases, seconded by Sample and passed --with Gulley voting No -- that tallow trees be planted on Peoples Street, with the owners assuming full responsi- bility for the watering. Mr. Ben Ramos of the Zavala Neighborhood Council asked to be placed on next week's Council Meeting agenda to discuss improvements to their building. He presented the Council with a copy of a petition (#13-76) supporting his request. It was agreed to hear from him next week under petitions from the audience. Minute Regular _.,uncil Meeting June 9, 1976 Page 13 There being no further business to come before the Council, the Regular Council Meeting of June 9, 1976 adjourned at 5:30 p.m. �M1