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HomeMy WebLinkAboutMinutes City Council - 08/04/1976`J MINUTES CITY OF CORPUS CHRISTI, TEXAS • REGULAR COUNCIL MEETING AUGUST 4, 1976 2:OO:P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Council' Members: Eduardo E. de Ases ,Ruth Gill . Bob Gulley *Gabe Lozano, Sr. ' Edward Sample' a • 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 Council Member Edward Sample. City Secretary Read called the roll and stated there was a quorum of the Council an?the necessary Charter Officers present to have a legally constituted meeting. Motion,by Tipton, seconded by Sample and passed unanimously, that the Minutes of the Regular Meeting of July 21, 1976 at 2 p.m., and of the Special Meeting of July 26, 1976 at 7 p.m. be approved as submitted to the'Council. Mayor Luby announced he had issued a Proclamation for National Pan-American Golf Association Week - August 2 - 6, 1976. Mr. Dave Wilson and Mr. Jim Boggs of the local chapter of the American Institute of Architects presented the Council with a City of Corpus Christi flag which had been made for their AIA seminar in Philadelphia, Pennsylvania, for use wherever the Council chose; and, they gave each Council Member a picture of our City's flag as it appeared in the display hall in Philadelphia. Mayor Luby recognized two students from Israel who are attending Texas A & I University in Corpus Christi. Motion by de Ases, seconded by Gill and passed unanimously, that+Dr. Roberto Bosquez be reappointed to the Ambulance Advisory Council, term to expire 8-8-79. . r Mayor Luby then called for the City Manager's Report, and City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that the bid award on automatic transmission overhauls for 1976-77 be made to APAC AUTOMATIC TRANSMISSION SERVICE, Corpus Christi on the basis of low bid of $4,576.50 (estimated cost). It is estimated that costs will be reduced 20% from prices obtained on an individual job basis. (Bid Tab #48-76) Sid MIC,011.1\110 Minutes Regular Council Meeting August 4, 1976 Page 2 b. Recommendation that bid awards for 1976-77 on lubricating oil, grease, solvent and anti -freeze be made to the following firms on the basis of low bid: EXXON COMPANY, U.S.A., Corpus Christi Lot 1 3,015 gal. solvent CRYSTAL PETROLEUM COMPANY, Corpus Christi Lot II 19 items lubricating oil & grease TEXACO, INC., Corpus Christi Lot III 1,000 gal. anti -freeze GRAND TOTAL $ 1,613.03 39,167.48 3,155.60 $43,936.11 Bids were received from five firms. Price comparison indicates a 1.4% decrease from the current contract price although the recommended prices are are subject to fluctuation. (Bid Tab #49-76) c. Recommendation that bid award for rustproofing 58 new vehicles be made to ZIEBART AUTO -TRUCK RUSTPROOFING, Corpus Christi on the basis of low bid meeting specifications of $8,448. The apparent low bids of $7,487.95 by Tuff-Kote Dinol, Corpus Christi, and $7,662.60 by C. C. Ming, Corpus Christi, did not meet specifications. Test application made by both firms did not dry in 4 hours as specified and the Tuff-Kote Dinol application did not penetrate seams as specified. Bids were received from 3 firms,_(Atd Tab #58-744 d. Recommendation that bid awards on six 1976-77 annual supply contracts be made to the following firms on the basis of low bid: CORPUS CHRISTI PIPE & SUPPLY CO., Corpus Christi brass service fitting $15,182.15 COASTAL PIPE & SUPPLY, Brownsville brass curb & meter stops 9,666.86 THE ROMAN CO., San Antonio brass angle ball meter stops 20,044.43 TRANS TEX SUPPLY CO., San Antonio galvanized & black service fittings 8,952.15 CENTURY PAPERS, Corpus Christi Lots I to V and VII, janitorial supplies 25,395.80 GULF COAST PAPERS, Victoria Lov VI janitorial supplies 100.98 GRAND TOTAL $79,342.37 The apparent low bids of $7,441.70 by C. C. Janitor Supply, $7,287 by Tex -Jan Supply Co. and $8,735.25 by Gulf Coast Paper, all of Corpus Christi, on Lot IV, janitorial supplies (cleansers, disinfectants and floor polish) did not meet specifications. Bids were received from 10 firms. Price comparison shows an 8% increase. (Bid Tab 1/51-76) e. Recommendation that annual supply contracts be awarded to the following firms: GLOBE TICKET CO., Dallas data processing cards, Lot I tab cards, single I.B.M. CORPORATION, Corpus Christi data processing cards, Lot II Util. & Coll. bills CINE -CHROME LABORATORIES, Palo Alto, Calif. film processing SKID -O -CAN, Corpus Christi portable chemical toilets($42.50 each) SOUTHWESTERN MATERIALS, Austin traffic marking paint FLEX -O -LITE, St. Louis, Mo. glass beads MUESCO, Houston Rockwell water meter & register parts (Lot I) Badger water meter parts $18,134,20 2,771,60 1,629.94 8,160,00 23,078.00 3,816.30 17,515,00 1,326.50 Minutes Regular Council Meeting August 4, 1976 Page 3 ROCKWELL MFG., Houston Rockwell meter & register parts (Lot II) Rockwell single dial meter repair parts GAMON-CALMET IND., Florence, Kentucky Calmet magnetic water meter parts BADGER METER, INC., Milwaukee, Wisc. Badger water meter parts CARLON METER SALES, Houston Carlon water meter register parts HERSEY PRODUCTS, INC., Dedham, Mass. water meter repair parts (Lot VII) GRAND TOTAL 6,406.10 2,406.10 5,369.35 534.25 3,029.71 290,40 $94,657.35 The apparent low bid of $39.50 by the Handi Can Company on portable chemical toilets has been requested for withdrawal as the company is no longer in business and has been taken over by Skid -O -Can. The $2,771.60 bid by IBM Corporation, Corpus Christi, for utility and collection bills is recommended although they take exception to the City's ownership of plates and testing charge. As there are only two cards involved, the plate and testing cost is small compared to the $2,047.90 difference from the next low bid submitted by Data Documents, San Antonio. The $5,369.35 bid of Gamon-Calmet Industries, Flortnce, Kentucky, for magnetic meter parts is recommended although it is incomplete. This is the only manufacturer of the meters and only known source for repair parts. Bids were received from 26 firms. Price comparison shows an average increase of 7.7% for the total recommended contracts. (Bid Tab #52-76) f. Recommendation that 1976-77 annual supply contracts be awarded to the following firms: CORPUS CHRISTI PIPE & SUPPLY CO., Corpus Christi Lot I & Lot V - cast iron & ductile iron pipe $68,333.76 AMERICAN CAST IRON PIPE CO., Dallas Lot II & Lot III cast iron & ductile pipe & mechanical joint bends 213,351.10 JOHN-MANSVILLE SALES CORP., San Antonio Lot IV & Lot VI - asbestos cement pipe & class 150 pipe 138,693.32 WESTINGHOUSE ELEC. SUPPLY, Corpus Christi electrical supplies, Lot I & Lot IV 3,198,40 GRAYBAR ELEC. CO., Corpus Christi Lot II, III, & IV - electrical ftgs. & supplies & wire 14,227.28 MCALLEN PIPE & SUPPLY, Corpus Christi Lot I - plastic pipe 6,918.80 CORPUS CHRISTI PIPE & SUPPLY, Corpus Christi Lot II plastic fittings & solvent 2,109.71 GRAND TOTAL $446,832.37 The apparent low bid of $3,174.22 by Graybar Electric Company, Corpus Christi, for electrical supplies is not recommended because they are subject to price fluctuation. Bids were received from 17 firms. Price comparison for the cast iron, ductile iron and asbestos cement pipe show an average decrease of 8%, electrical supplies an average increase of 13% and plastic pipe and fittings an average decrease of 3%, (Bid Tab #53-76) g. Recommendation that additional computer core capacity to upgrade the internal memory from 320K (1000 pieces of information) to 512K be acquired from IBM Corporation under a lease -purchase agreement. The total cost will be $111,051.11, including interest. The initial payment is $5,062.50 and monthly rental payments as follows: Minutes Regular Council Meeting August 4, 1976 Page 4 first 10 months second 12 months third 12 months fourth 12 months and one month at $2,227.56 2,528.94 2,411.17 1,883.38 1,831.13 The increased core capacity will serve the growth of the existing Police Information System, Municipal Court, Utilities, Tax, Planning, Collections, and Personnel systems. (Bid Tab #54-76) h. Recommendation that authority be granted to submit the following grant applications totaling $390,039 to the Texas State Library and to execute all related documents: 1. $83,238 from September 1, 1976 through August 31, 1977 to continue assisting Texas State Library members in the 26 -county area to solve operational problems, reach library non-users and promote library services. Staff includes a bi-lingual librarian and a systems clerk. 2. $65,803 from September 1, 1976 through August 31, 1977 for a new program of Reference Backup to answer reference questions member libraries are unable to answer. Staff includes an additional librarian and clerk. 3. $16,394 from September 1, 1976 through August 31, 1977 for a new Books By Mail program to circulate paperback books to members of rural areas without current library service. The funds provide a clerk. 4. $14,390 from September 1, 1976 through January 31, 1977 to continue circulation of the 16 mm film collection within the 26 -county service area and circulation of 16 mm films for purchase. Funds provide one additional clerk. 5. $158,373 from February 1, 1977 through August 31, 1977 to continue the above 16 mm film collection program. 6. $51,841 from September 1, 1976 through August 31, 1977 to continue the inter -library loan program. These funds provide one additional clerk. No local matching funds are required. i. Recommendation that the requirement of the Land Drilling Ordinance that a new well not be drilled within 400' of property owned by a church be waived. Mr. George C. Ayers has applied for a permit to drill the Benedictine Fathers Well 411 at a location -on church property between Up River Road, Lantana Street and I.H. 37. Rev. Sylvester Schad has provided a written waiver to the distance requirement. The ordinance authorizes the Council to grant -variances to the distance requirement when written evidence of property owner consent is presented. j• Recommendation that the Coastal Bend Manpower Consortium Agreement for 1975-76 be amended to prohibit membership on the Manpower Planning Advisory Council of employees and members of the governing bodies of agencies contracting for delivery of CETA services as recommended by the Manpower Executive Committee. The same amendment to the 1976-77 agreement was authorized on July 30, 1976. k. Recommendation that a one-year contract be approved with the Community Development Corporation of Corpus Christi for assistance in the administration of the Community Development Block Grant Loan Program in cooperation with local lending institutions, counseling of owners of low and moderate income housing and planning and coordinating the development of low income housing. The contract for not to exceed $30,000 will be financed from 1976 Community Development Block Grant resources. *Council Member Lozano arrived at this time. es Regular Council Meeting August 4, 1976 Page 5 1. Recommendation that a lease agreement with C & B Building, Inc. be renewed for use of 10,000 square feet of space at 620, 622, 624 and 626 Old Robstown Road to house the Nursing Division of the City -County Health and Welfare Department. The current lease expires August 31, 1976. The new lease would be for a 6 -month period through March 31, 1977 with an option to renew on a month-to-month basis until the new Health Building is complete. The rental rate would increase from $1,000 to $1,200 per month. The City is responsible for payment of utilities. m. Recommendation that authority be granted to submit a grant application to the Council of Governments for $23,060 to provide transportation services to Department of Welfare clients for medical services for an additional 12 months, beginning September 1, 1976. Transportation will be provided through the Senior Community Services program and other public and private sources. No City funds are involved. n. Recommendation that authority be granted to submit a supplemental grant application to the Governor's Committee on Aging for Title VII Elderly Nutrition Program for transitional quarter funds of $60,289 ($50,689 Federal funds:and $9,600 provided locally through in-kind rent.) These monies will be used to hire three bus drivers, one custodian, equipment purchases and allowance for equipment maintenance. Although these funds are for the 1976 transitional quarter of July, August, and September, the Governor's Committee has indicated that expenditures may be projected over a 12 -month period beginning August 1, 1976. o. Recommendation that bids be received at 11:00 A.M., Tuesday, October 5, 1976 for four replacement one -ton twelve -passenger special window vans with air conditioning and bus package for the Senior Community Services transportation program. The vans will replace four units currently leased from the Community Action Agency which are 1970 and 1971 models, with an average of 143,000 miles each. The vans are included in the Urban Mass Transportation 1975 capital grant. p• q• Recommendation that bids be received at 11:00 A.M., Tuesday, October 5, 1976 for 2 van type buses with wheel chair lifts for the handicapped and elderly to be used by Senior Community Services. Each van will accommodate two wheelchairs and six ambulatory passengers. The vans are included in the 1975 Mass Transportation capital grant. Recommendation that the preliminary assessment roll be adopted in connection with construction of Airline Road, South Padre Island Drive to Williams Drive; and Leopard Street, Port Avenue to a point approximately 300 feet easterly, and an assessment hearing be held on September 1, 1976 at 4:00 p.m. in the Council Chamber. Bids for these projects, jointly funded by the City, State and Federal Government, were received by the State Department of Highways and Public Transportation on July 22, 1976. The low bid on the Airline Road project of $165,736.29 was submitted by Asphalt Paving and Construction Company, and the low bid on the Leopard Street project of $196,810.51 was submitted by Heldenfels Brothers. r. Recommendation that the ordinance prohibiting the sale or possession of fireworks within 5,000 feet of the city limits or in the city be modified to provide that the regulation is effective 120 days after any area comes within 5,000 feet of the city through annexation. City Manager Townsend interrupted his report to present for the Council's consideration the following ordinance. City Secretary Read polled the Council for its vote; and stated that the ordinance passed unanimously, as follows: Minutes Regular Council Meeting August 4, 1976 Page 6 ORDINANCE N0. 13311 DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF: 1. AIRLINE ROAD FROM SOUTH PADRE ISLAND DRIVE TO A POINT APPROXIMATELY SEVENTY (70') SOUTH OF WILLIAMS DRIVE, AND WILLIAMS DRIVE APPROXIMATELY TWO HUNDRED FEET (200') EAST AND WEST OF THE AIRLINE ROAD INTERSECTION; AND 2. LEOPARD STREET FROM PORT AVENUE TO A POINT APPROXI- MATELY THREE HUNDRED FEET (300') EASTERLY, 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". City Manager Townsend then resumed his report, with the remaining items: s. Recommendation that the following action be taken in connection with the West Oso Tennis Court Improvements: (1) that the Cooperation Agreement authorized by the Council on April 28, 1976 be amended to provide for the West Oso School District to contribute $15,000 rather than $20,000 previously indicated; (2) that a change order to the contract be authorized to cover additional cost increases to the contractor since the receipt of bids. Original bids were received April 14, 1976. Since then the contractor has indicated material cost increases for asphalt and tennis court work; and (3) that the additional funds required by the City resulting from the reduced school participation and additional costs incurred be financed from funds available in the Second Year Community Development money. t. Recommendation that the United States be assigned the right, privilege and easement to enter on public streets and right-of-way located in the Brooklyn Addition and the Corpus Christi Beach Hotel Addition on Corpus Christi Beach to perform work related to the restoration of Corpus Christi Beach. u. Recommendation that a public hearing be held on August 25, 1976 during the Regular Meeting on two plat appeals filed by Mr. Carl Duaine. The appeals are oma replat,Lots 15A thru 15F, Bluff Estates, located on the south side of Paloma Street between Jarvis Drive and South Alameda, and the plat of a .104 acre tract of land between Laguna Shores Road and the Laguna Madre south of Purdue Road. The Planning Commission heard both appeals on June 8, 1976 and denied them. The first appeal involves the requirement of a minimum 35 foot lot frontage on streets. The second appeal involves a 10' right-of-way dedication along Laguna Shores Road as required by the adopted Transportation Plan. In discussion of the items, Council Member Gulley asked for the job classifi- cations of employees who are assigned a City vehicle. City Manager Townsend asked Mr. Gulley if a list which was compiled about a year ago would be sufficient, adding that it would be accurate to within 1%. Council Member Gulley replied that would be acceptable. There was no discussion from the audience regarding the City Manager's Report. Motion by Sample, seconded by Gulley and passed unanimously, that the City Manager's Report be accepted, and items "a" through "u" be adopted, as presented by City Manager Townsend. Minutes Regular Council Meeting August 4, 1976 Page 7 Mr. Townsend next presented the pending zoning case of Fernando R. Villarreal from "R -1B" to "A-1" located 75' east of Curtis Clark Drive on the southeast side of Burton Lane. He reviewed that it was heard by the Council on July 14 and denied, but in lieu thereof a special permit be issued for three apartments, subject to an acceptable site plan. He stated that an acceptable site plan has now been submitted by the applicant. Motion by Tipton, seconded by de Ases and passed unanimously, that the site plan be accepted. City Manager Townsend then announced Application 11676-5, Mary Jane Henry Gowell, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on Lot 4, Block 3, Bel Air Park 111, located on the northwest side of Annapolis Drive directly across from Easley Park at the intersection of Devon Drive. He reviewed that the recommendation of the Planning Commission is that it be denied, , but in lieu thereof a special permit be approved for a period not to exceed five years, tying the use to the current operation of a beauty shop according to the site plan presented; and further that the screening fence requirement be waived, that no identification sign be permitted, and that the present paved driveway be recognized as adequate off-street parking. He stated that the Planning Staff recommends denial; and that in response to notice of the public hearing, 7 letters had been received in opposition. He added that the 20% rule would be in effect on this case, requiring six affirmative votes for passage of the ordinance. Chief Planner Larry Wenger described the surrounding zoning. Mr. David Herin, attorney representing the applicant, referenced the transcript of the Planning Commission's meeting on the case. He gave the Council a copy of Mrs. Gowell's report from her doctor regarding her health, and stressed that she would have a small shop and would take no new customers; that she would serve only one customer at a time with the possibility of an overlap of several minutes occurring once in a while. He mentioned that there is adequate off-street parking; and that the beauty shop would not create any real additional traffic to the area. Mr. Herin brought out that the beauty shop is the only means of support for Mrs. Gowell and her husband, who is also in poor health, until retirement age. He asked the Council to adopt the recommendation of the Planning Commission for a special permit. Minutes Regular Council Meeting August 4, 1976 Page 8 Mrs. Gowell told the Council she does have to work; that she could only have a light business due to health reasons; and that she needs the permit very badly. Speaking in opposition was Mr. Bob Patterson, 1174 Florida, who stated he was not opposed to the special permit but was against any permanent zoning change in the area. Also in opposition was Mrs. William A. Christian, 1190 Florida, who stated she has owned her property for 32 years and is definitely opposed to any zoning change, citing that additional traffic in the area would be a hazard to retired persons living in the vicinity and people who use Easley Park. City Manager Townsend advised that a further provision could be added to the special permit, limiting the beauty shop to five years or such earlier date as the property might be leased or sold. Mrs. C. J. Horne told the Council a special permit would be acceptable to her. Motion by deaAses, seconded by Gulley and passed unanimously, that the hearing be closed. Motion by de Ases, seconded by Tipton and passed unanimously, to accept the recommendation of the Planning Commission with the added restriction of the earlier termination of the special permit upon the sale or lease of the property. City Manager Townsend next presented Application #576-6, Frances W. Beckman, for change of zoning from "A-1" Apartment House District and a Special Permit to "AB" Professional Office District, on Lot B, Block 4, Rayne Tract, located on the northeast corner of Park Avenue and South Tancahua Street. He reviewed that the recommendation of the Planning Commission is that it be approved; that the Staff recommends denial but would not oppose a special permit for a professional office use. He reported that in response to notice of the public hearing, one letter had been received in opposition. Chief Planner Larry Wenger briefed the Council on the surrounding zoning and informed them of the uses allowed under "AB" zoning. The applicant, Ms. Frances Beckman, explained that she desires to lease the property although she would sell it for the right price. She stated she has no prospects at the moment, but feels the building could be leased if "AB" zoning were acquired. She added that under the present "A-1" zoning she could build apartments; but she believes the property is best suited for professional office uses. There was no one in the audience in opposition. Minutes Regular Council Meeting August 4, 1976 Page 9 Motion by Sample, seconded by Lozano and passed unanimously, that the hearing be closed.' There was further discussion among the Council and Staff concerning the difficulty in requiring a site plan when the applicant desires to lease the property. Motion by Lozano, seconded by Sample and passed unanimously, to concur with the recommendation of the Planning Commission. City Manager Townsend next presented the ordinances, with related comments and explanations. No one from the audience addressed the Council on those items. Mayor Luby recessed the meeting at 4:35 p.m. while awaiting additional material pertaining to one ordinance. The Regular Council Meeting was resumed at 4:50 p.m. with the vote on the ordinances. City Secretary Read stated that all ordinances passed unanimously, as follows: SECOND READING OF AN ORDINANCE AMENDING ARTICLE IV, GAS RATES AND CHARGES BY ADDING A NEW PROVISION, SECTION 55-63, SERVICE REQUEST ORDERED BY CUSTOMER FOR LIGRTING AND ADJUSTING OR TURNING OFF ONE OR MORE NATURAL GAS APPLIANCES AND CONVERSION OF BURNER ORIFICES FOR NATURAL GAS, SO AS TO PROVIDE FOR. PAYMENT BY CUSTOMERS OF A $7.50 CHARGE PER SERVICE ORDER REQUEST AT A RESIDENTIAL, APARTMENT OR MOBILE HOME ADDRESS AND TO PROVIDE FOR PAYMENT BY ALL OTHER CUSTOMERS OF A $7.50 CHARGE FOR EACH APPLIANCE LIGHTED, ADJUSTED OR TURNED OFF; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASES WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, FOR THE USE OF SPACE IN THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND PROVIDING FOR JANITORIAL AND UTILITY SERVICE IN SAID AREA, A PORTION OF THE SPACE TO BE USED BY THE GENERAL AVIATION DISTRICT OFFICE, ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT-FA76SW-1196, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; A SECOND PORTION OF SPACE TO BE USED BY THE AIRWAY FACILITIES SECTOR, ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT-FA76SW-1197, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "B"; AND A THIRD PORTION TO BE USED BY AIR TRAFFIC CONTROL, ALL AS MORE FULLY SET FORTH IN LEASE NO. DOT-FA76SW-1198, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "C"; THE AFORESAID THREE LEASES TO COMMENCE ON SEPTEMBER 1, 1975 AND TO BE RENEWABLE ON A YEAR-TO-YEAR BASIS THROUGH SEPTEMBER 30, 1990; AUTHORIZING THE CITY MANAGER TO EXECUTE A CANCELLATION AGREEMENT FOR PROVISIONAL LEASE NO. DOT-FA74SW-1216 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, EFFECTIVE AUGUST 31, 1975, WHICH LEASE IS SUPERSEDED BY DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION LEASE NOS. DOT-FA76SW-1196, DOT-FA76SW-1197 AND DOT-FA76SW-1198. The foregoing•ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting August 4, 1976 Page 10 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE DEPARTMENT OF COMMERCE, NATIONAL WEATHER SERVICE, FOR AND ON BEHALF OF THE UNITED STATES OF AMERICA, FOR USE OF 200 SQUARE FEET OF SPACE LOCATED ON THE SECOND FLOOR OF THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, COMMENCING ON THE FIRST DAY OF SEPTEMBER, 1975, THROUGH JUNE 30, 1976, AND RENEWABLE FROM YEAR TO YEAR THEREAFTER BUT NOT BEYOND JUNE 30, 1981, ALL AS MORE FULLY SET FORTH IN LEASE NUMBER 06-6-021-61037, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. 06-6-021-61138 BETWEEN THE CITY OF CORPUS CHRISTI AND THE UNITED STATES OF AMERICA, DEPARTMENT OF COMMERCE, NOAA, NATIONAL WEATHER SERVICE, FOR THE RENTAL OF 1,063 SQUARE FEET OF SPACE IN THE AIRPORT TOWER BUILDING, EFFECTIVE JULY 1, 1976, THROUGH SEPTEMBER 30, 1977, AUTOMATICALLY RENEWABLE ON A YEAR-TO-YEAR BASIS THROUGH OCTOBER 31, 1981, ALL AS MORE FULLY SET FORTH IN LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13313 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH IBM CORPORATION FOR THE INSTALL- MENT PURCHASE OF ADDITIONAL COMPUTER CORE CAPACITY FOR THE COMPUTER IN THE DATA PROCESSING DIVISION, IN SUBSTANTIALLY THE SAME FORM AS THE CONTRACT ATTACHED HERETO, MARKED EXHIBIT "A", 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, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13314 AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION FOR $390,039 TO CONTINUE THE LA RETAMA PUBLIC LIBRARY SYSTEM MEMBERSHIP AND DESIGNATION AS A MAJOR RESOURCE CENTER AND INTER -LIBRARY LOAN PROGRAM UNDER THE TEXAS STATE LIBRARY SYSTEMS ACT FOR THE 1976 STATE FISCAL YEAR, ALL AS MORE FULLY SET OUT IN THE GRANT APPLICATION, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS TO IMPLEMENT THE SAME UPON APPROVAL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13315 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE 1975-1976 COASTAL BEND MANPOWER CONSORTIUM AGREEMENT BY AMENDING THE SECOND PARAGRAPH OF SECTION 6, SO AS TO PROHIBIT MEMBERSHIP ON THE MANPOWER PLANNING ADVISORY COUNCIL OF EMPLOYEES AND MEMBERS OF THE GOVERNING BODIES OF AGENCIES CONTRACTING FOR DELIVERY OF CETA SERVICES, ALL AS IS SET FORTH IN AN AMENDMENT TO THE AGREEMENT, A COPY OF WHICH, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", IS 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, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13316 AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH THE COMMUNITY DEVELOPMENT CORPORATION OF CORPUS CHRISTI FOR ASSISTANCE IN THE ADMINISTRATION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT LOAN PROGRAM, IN COOPERATION WITH LOCAL LENDING INSTITUTIONS, COUNSELING OWNERS OF LOW AND MODERATE INCOME HOUSING AND PLANNING AND COORDINATING THE DEVELOPMENT OF LOW INCOME HOUSING, AS SET OUT IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", 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, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting August 4, 1976 Page 11 . ORDINANCE NO. 13317 AUTHORIZING THE CITY MANAGER TO EXECUTE A RENEWAL, FOR A PERIOD OF SIX (6) MONTHS, OF THE LEASE BETWEEN THE CITY AND C & B BUILDING, INC., TO HOUSE THE NURSING DIVISION OF THE CITY -COUNTY HEALTH AND WELFARE DEPARTMENT, AS MORE FULLY SET OUT IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", 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, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13318 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR $23,060 TO PROVIDE TRANSPORTATION TO DEPARTMENT OF WELFARE CLIENTS FOR MEDICAL SERVICES TO CONTINUE THE CURRENT PROGRAM FOR A 12 -MONTH PERIOD BEGINNING SEPTEMBER 1, 1976, AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND DOCUMENTS IN THE ADMINISTRATION AND EXECUTION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13319 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR A SUPPLEMENTAL GRANT TO THE GOVERNORS COMMITTEE ON AGING FOR THE TITLE VII ELDERLY NUTRITION PROGRAM, PROVIDING FOR FUNDING IN THE AMOUNT OF $60,289 FOR THE PURPOSE OF PROVIDING ADDITIONAL PERSONNEL, EQUIPMENT, AND EQUIPMENT MAINTENANCE TO SUPPLEMENT THE CITY'S CURRENT NUTRITION PROGRAM, ALL AS IS MORE FULLY SET OUT IN THE APPLICATION, A COPY OF WHICH, IN SUBSTANTIALLY THE SAME FORM, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND OTHER DOCUMENTS NECESSARY IN THE IMPLEMENTATION AND CONTINUATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and.the foregoing -ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13312 APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT SHOWING ESTIMATES OF VARIOUS COSTS FOR IMPROVEMENT OF: 1. AIRLINE ROAD FROM SOUTH PADRE ISLAND DRIVE TO A POINT APPROXIMATELY SEVENTY FEET (70') SOUTH OF WILLIAMS DRIVE AND WILLIAMS DRIVE APPROXIMATELY TWO HUNDRED FEET (200') EAST AND WEST OF THE AIRLINE ROAD INTERSECTION: AND 2. LEOPARD STREET FROM PORT AVENUE TO A POINT APPROXIMATELY THREE HUNDRED FEET (300') EASTERLY, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; DETERMINING AND FIXING THE PORTION OF SAID COST 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 ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD SEPTEMBER 1, 1976 AT 4:00 P.M. IN THE COUNCIL CHAMBER OF CITY HALL AT 302 SOUTH SHORELINE, 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 Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting August 4, 1976 Page 12 ORDINANCE N0. 13320 AMENDING THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING CHAPTER 18, FIRE PREVENTION AND PROTECTION, ARTICLE III, FIREWORKS, SECTION 18-47 THEREOF, SO AS TO PROVIDE THAT THE APPLICATION OF THE PROVISIONS PROHIBITING THE SALE OR POSSESSION OF FIREWORKS WITHIN 5,000 FEET OF THE CITY LIMITS NOT BE EFFECTIVE UNTIL 120 DAYS AFTER SUCH AREA COMES WITHIN 5,000 FEET OF THE CITY THROUGH ANNEXATION; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 13321 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 N0. 6106, AS AMENDED, UPON APPLICATION OF FERNANDO R. VILIARREAL, BY GRANTING A SPECIAL PERMIT FOR A 2 -STORY BUILDING WITH THREE APARTMENT UNITS, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 1B, BLOCK 5, GARDENDALE #2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 13322 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 N0. 6106, AS AMENDED, UPON APPLICATION OF VESTLAND, INC. BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 1 AND 2, BLOCK 4, LEXINGTON ESTATES, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT TO "B-3" 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, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 13323 AMENDING ORDINANCE NO. 4168, GENERALLY REFERRED TO AS THE "PLATTING ORDINANCE OF THE CITY OF CORPUS CHRISTI", AS AMENDED, SO AS TO AMEND SECTION III - PROCEDURE AND PLAT REQUIRE- MENTS, SUBSECTION B, PRELIMINARY PLAT, PARAGRAPH (L), SO AS TO RECOGNIZE THAT THERE ARE AREAS THAT ARE SUBJECTED TO FLOODING AT A GREATER ELEVATION THAN THE 12' MINIMUM; AMENDING SUBSECTION C, FINAL PLAT, OF SECTION III, BY AMENDING PARAGRAPH (f-1), SO AS TO PROHIBIT FLOOR ELEVATIONS OF RESIDENTIAL STRUCTURES, BELOW THE BASE FLOOD ELEVATIONS AS INDICATED ON THE FLOOD HAZARD BOUNDARY MAP; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13324 AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY FOR ASSIGNMENT TO THE UNITED STATES OF THE RIGHT, PRIVILEGE AND EASEMENT TO ENTER ON PUBLIC STREETS AND RIGHT- OF-WAY LOCATED IN BROOKLYN ADDITION AND CORPUS CHRISTI HOTEL ADDITION IN THE CITY OF CORPUS CHRISTI, FOR THE CORPUS CHRISTI BEACH RESTORATION PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting August 4, 1976 Page 13 ORDINANCE NO. 13325 AMENDING ORDINANCE 13154, PASSED AND APPROVED ON APRIL 28, 1976, BY CHANGING THE AMOUNTS APPROPRIATED BY SAID ORDINANCE; AUTHORIZING THE EXECUTION OF A CHANGE ORDER FOR $5,000 TO COVER INCREASED COST TO CONTRACTOR SINCE APRIL 14, 1976; SAID ORDINANCE TO BE AMENDED AS FOLLOWS: AUTHORIZING THE CITY MANAGER, SUBJECT TO THE EXECUTION OF AN AGREEMENT OF COOPERATION WITH THE WEST OSO INDEPENDENT SCHOOL DISTRICT AND PAYMENT OF $15,000 TO THE CITY BY THE SCHOOL DISTRICT AS STIPULATED IN THE AGREEMENT, AND SUBJECT TO APPROVAL OF A BUDGET AMENDMENT TO THE COMMUNITY DEVELOPMENT BLOCK GRANT N0. B -75 -MC 480502 AND BLOCK GRANT N0. B -76 -MC 480502 BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, TO EXECUTE A CONTRACT WITH ASPHALT PAVING AND CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE WEST OSO TENNIS COURT IMPROVEMENTS; AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 FOR COST INCREASES SINCE BIDS RECEIVED; APPROPRIATING A TOTAL OF $65,000, OF WHICH $59,770 IS FOR THE CONSTRUCTION CONTRACT, $5,000 IS FOR CHANGE ORDER NO. 1, AND $230 IS FOR INCIDENTAL AND RELATED EXPENSES; OF THE TOTAL APPROPRIATION, $30,000 IS APPROPRIATED OUT OF 291 PARK BOND FUND ($29,770 FOR CONSTRUCTION AND $230 FOR INCIDENTAL AND RELATED EXPENSES) APPLICABLE TO PROJECT NO. 291-72-5.7, $25,000 IS APPROPRIATED OUT OF N0. 162 FEDERAL - STATE GRANTS FUND ACTIVITY 4732, CODE 502, AND $10,000 IS APPROPRIATED OUT OF N0. 162 FEDERAL -STATE GRANTS FUND ACTIVITY 4734 CODE 502, WHICH AMOUNTS ARE FOR THE CONSTRUCTION CONTRACT AND THE CHANGE ORDER AND ARE TO BE TRANSFERRED TO NO. 291 PARK BOND FUND, PROJECT NO. 291-72-5.7; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13326 ' 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 N0. 6106, AS AMENDED, UPON APPLICATION OF MARY JANE HENRY GOWELL, BY GRANTING A SPECIAL PERMIT FOR A BEAUTY SHOP, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 4, BLOCK 3, BEL AIR PARK 1#1, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; 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, Lozano and Sample, present and voting "Aye". ORDINANCE N0. 13327 . 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 N0. 6106, AS AMENDED, UPON APPLICATION OF FRANCES W. BECKMAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT B, BLOCK 4, RAYNE TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "A-1" APARTMENT HOUSE DISTRICT AND A SPECIAL PERMIT TO "AB" PROFESSIONAL OFFICE 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, Lozano and Sample, present and voting "Aye". No one from the audience addressed the Council with petitions or other information. Assistant City Attorney Jerry Benadum gave the Council an update on pending litigation regarding the June 26 Special Bond Election for the community -convention center. There being no further business to come before the Council, on Motion by Tipton, seconded by de Ases and passed unanimously, the Regular Council Meeting of August 4, 1976 was adjourned at 5:05 p.m.