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HomeMy WebLinkAboutMinutes City Council - 10/27/1976PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample Hall. Army. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING OCTOBER 27, 1976 2:00 P.M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chambers of City The Invocation was given by Major A. C. Ross, Commanding Officer of the Salvation City Secretary Read called the roll of required Charter officers, and stated there was a quorum present. Motion by Sample, seconded by Lozano and passed unanimously, that the Minutes. of the Regular Council Meeting of October 13, 1976 be approved as submitted. Mayor Luby announced Proclamations for Telephone Pioneer Day --November 2,r 1976; • Jobs for Veterans Week --November 7 through 13, 1976; Incredible Edible Egg Week -- November 8 through 13, 1976; Country Music Month --November, 1976; and Rape Prevention Month -November, 1976. Mayor Luby then announced a presentation by Central Power and Light Company. Mr. Wallace E. Whitworth, Manager of CP&L, reported in compliance with Ordinance No. 12038 that the average delivered cost of fuel to CP&L during October, 1976 was $1.8832 per MMBTU, to be applied to bills rendered after October 26, their November billing. He explained that the $1.88 fuel cost reflects an increase of 5.020 over . last month, an increase of 62C per 1000 kwh. City Manager Townsend announced the public hearing on the appeal of Mr. Ralph E. Krause concerning the plat of Lexington Industrial Center, Lot 1, located on the south side of Padre Island Drive on the eastern shore of•Cayo del Oso. He stated that Mr. Krause is appealing the decision of the Planning Commission requiring a 30' gas line easement for an existing high pressure gas line and the extension of a itii' water line in a 10' utility easement along the east property 'line. Minutes Regular Council Meeting October 27, 1976 Page 2 Attorney Jack White, representing Mr. Krause, explained the requirements made by the Planning Commission. He objected to the expense of having to lay 166' of water line and putting in a fire hydrant at that location, saying that is "unreasonable because it will add nothing to the protection of Mr. Krause's property whatsoever." He cited the Unitarian Church case in which the courts ruled the Church did not have to dedicate an easement to the City. City Manager Townsend reviewed the situation, explaining that in 1962 no permit was required to lay the pipeline. He stated that the Staff feels that the very least that should be done at this time is to insist that Mr. Krause dedicate a utility easement over the gas line; and that the City probably should take some kind of action at a later date to require removal of the fill that has been placed over the line. Mr. Doug Matthews, Director of Public Utilities, showed on a map of the location that the Water Division wanted the water line extended along the length of the property and a fire hydrant installed. He then pointed out on the map that the Planning Commission thought,the water line should only be laid along the side of the lot; and that the Staff then concurred. In his response, Attorney White stressed that the requirement that the landowner give the City an easement "is clearly contrary to the law", again citing the previous Unitarian Church case and stating that Assistant City Attorney Bill Monkres agreed with that statement at the Planning Commission's meeting. City Attorney Aycock then pointed out numerous aspects of the Unitarian Church case which differ from this situation, and cited the requirements of the Platting Ordinance. City Manager Townsend added that the Council changed the ordinance after the Unitarian Church case to regulate the platting of land as well as the subdividing of land. In summation, Attorney White said, "the landowner contends the pipeline is there unlawfully and later he will ask the City to remove it; but what is being determined today is whether the City can lawfully require a landowner to give the City an easement." A Minutes Regular Council Meeting October 27, 1976 Page 3 In further discussion, City Manager Townsend explained that the gas line • has about 150 pounds of pressure; that either Mr. Krause or his predecessors illegally put about 14' of fill on top of it and into the Oso; and that the 30' easement is needed to assure maintenance of the line. Motion by Gulley, seconded by Lozano and passed unanimously, that the hearing be closed. Motion by Gill, seconded by Lozano and passed unanimously, that the appeal of Mr. Krause be rejected and the ruling of the Planning Commission insofar as the utility easement and water line are concerned be upheld. Mayor Luby then read an announcement that Father Raymond Pena of Our Lady of Guadalupe Church in Corpus Christi had been promoted to Bishop. Mayor Luby recessed the meeting at 3:00 p.m. The meeting was resumed at 3:07 p.m. with a presentation by Mr. Claude Melton representing BUILD. Mr. Melton addressed the Council that BUILD stands for "Blacks United in Life Development", -and its main purpose is to improve the quality of life for people in Corpus Christi. He explained'Ahey have drawn up a four-phase proposal for census tract four of the city. He stated they feel the projects would enhance the inner city area and would aid the unemployed and under -employed citizens there. He added they believe the projects can be funded under the Public Works Act and with Community Development monies. Dr. Christopher explained Phase I, consisting of an outpatient clinic with three doctors and one dentist, a day care facility to serve about 90 children ages two months to two years, a garage, an office and a parking lot, with a total estimated cost of $371,200. Mr. Marvin King next presented Phase II, which he said would depend upon the successful completion of Phase I. He explained this phase involves acquisition of an additional parcel of land, which the owner has agreed to sell to them for the appraised price. He described the project as five units of four-plex housing for the ambulatory elderly, six offices and a cultural reference reading center, with a total estimated cost of $368,960. Mr. Larry Miller described Phase III plans for a gym complex including two handball courts, a basketball court, a stage and a parking lot at a total cost of about $357,000. He added that he feels a gym would provide important services to Minutes Regular Council Meeting October 27, 1976 Page 4 people in the area to cut down on idle time of the unemployed and thereby reduce crime. Mr. Billy Coleman presented Phase TV which would be a multipurpose room for meetings which could hold about 200 people, five additional four-plexes for the ambulatory elderly and additional parking, at a total cost of approximately $326,000. He stressed the need for safe and sanitary housing for elderly citizens in the area. Mr. Melton summed up the project and said the total cost would be about 1.5 million dollars. City Manager Townsend responded the proposal would have,to be studied further; He -mentioned a possible duplication of services offered by other senior centers and the nearby gymnasium at Solomon Coles Elementary School; he also expressed concern that the proposed day care center would be located on a very busy street. He advised that the time constraints with the Public Works Act are very severe; that final plans and specifications would have to be completed in less than 60 days. He added that the Staff will be bringing forth items for the Public Works Act and would respond to BUILD's proposal next week. Mayor Luby then called for the pending items, and City Manager Townsend reviewed the pending zoning case of Mr. Ismael Perez Mora, for a change of zoning from "R -1B" to "8-1", located on the north right of way of Old Brownsville Road opposite the intersection of Saratoga Boulevard with Old Brownsville Road. He stated that the application was heard on March 31, 1976 and denied; that a special permit was granted for a drive-in convenience store. He announced that the Staff has just recently received a site plan, which they feel is satisfactory and meets the requirements of the ordinance. Motion by de Ases, seconded by Lozano and passed unanimously, to accept the site plan. City Manager Townsend then described the United Savings case, for a change of zoning from "AT" and "B-4" to "I-2", located at the north end of Corpus Christi Beach fronting approximately 2,360' along the west side of U. S. Highway 181 extending westward to Hinton Industrial Channel A. He reviewed that a public hearing was held on March 31, 1976; that on April 21, 1976 an ordinance granting "B-4" for a distance of 130' from Hwy. 181 and "I-2" on the remainder was tabled until modification of the Minutes Regular Council Meeting October 27, 1976 Page 5 "I-1" District could be considered. He reviewed that the suggested modification was not approved; therefore, that unless action is taken on the case at today's meeting, the application would automatically be denied since the six months' time period has expired and the case has already been extended once. Councilmember Gulley read an excerpt from the Minutes of the March 31 Council Meeting pertaining to the case. He repeated his position that he believes "B-4" would be a buffer along the highway and that "I-2" should be granted along the ship channel, which is what he feels the channel should be used for. Most of the Council were in agreement. Motion by Gulley, seconded by de Ases and passed unanimously, to remove the item from the table. City Manager Townsend then presented the ordinances for the two foregoing zoning cases. City Secretary Read polled the Council for their vote; both ordinances passed, as follows: ORDINANCE NO. 13449 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 ISMAEL PEREZ MORA BY GRANTING A SPECIAL COUNCIL PERMIT FOR A DRIVE-IN CONVENIENCE STORE ON A PORTION OF TRACT 9, MARGARET KELLY LANDS, CONTAINING ONE ACRE MORE OR LESS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE FULLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13450 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 UNITED SAVINGS, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A" AND TRACT "B" LOCATED AT THE NORTH END OF CORPUS CHRISTI BEACH FRONTING APPROXIMATELY 2360' ALONG THE WEST SIDE OF U. S. HIGHWAY #181 FOR A DEPTH OF APPROXIMATELY 710', AT THE SOUTH APPROACH OF NUECES BAY CAUSEWAY, BEING APPROXIMATELY 32.89 ACRES OUT OF THE FORMER W. E. POPE ESTATE, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS FROM "AT" APARTMENT -TOURIST DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT AS TO TRACT "A" AND FROM "AT" APARTMENT -TOURIST DISTRICT AND "B-4" GENERAL BUSINESS DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT AS TO TRACT "B"; 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". Minutes Regular Council Meeting October 27, 1976 Page 6 City Manager Townsend then announced the scheduled public hearing on the preliminary assessment roll for Sidewalk Program Unit VIII on Calallen Drive, from Smith Drive to Burning Tree Lane, west side only; on Up River Road, from Cantwell Drive to Van Cura Drive, south side only; on Carroll Lane, from Wesleyan Church to connection of existing sidewalk, west side only; and on McArdle Road, from Broughton Drive to Carroll Lane, north side only. Mr. James Lontos, Director of Engineering and Physical Development, described the project for construction of 4' wide, 4" thick reinforced sidewalks on the streets listed above to improve the safety of pedestrian traffic. He informed the Council that the contract was awarded to B & B Builders on the basis of their low bid; that construction would start in two weeks and should be completed within two -and -a -half months. Mr; Lontos explained the assessment rates for the project per square foot, and stated that the total contract price was $27,349.64, the preliminary assessments total $9,625.56, resulting in a total City cost of $17,724.08. He outlined the terms of repayment for the assessments. He added that the Staff concurs with the reduction recommended for item 1 by Mrz Bill Holly, real estate appraiser. Assistant City Attorney Jerry Benadum called as his next witness real estate dealer and appraiser Mr. W. J. (Bill) Holly, Jr., and questioned Mr. Holly as to his qualifications. A formal resume of his qualifications was offered into evidence and is attached hereto as Exhibit "A" and incorporated herein by reference, the same as if written herein. Mr. Holly replied to Mr. Benadum that he had examined each and every parcel of land involved in the project and that, subject to his suggested revision on Item 1 which the Staff concurs with, in his opinion each piece of property on the assessment roll would be enhanced in value at least to the extent of the assessment. Mr. Benadum stated that concluded the testimony from the City, Mayor Luby then opened the floor for discussion from the audience, and Col. Frederick A. Lupton addressed the Council relative to his property (Item 1, Lot No. 26, Block A, River Forrest Addition.) He asked for more consideration than the reduction from $605.88 to $468.54, saying he feels the assessment is unreasonable because CP&L has a 40' easement on the property. He also told that at the time he agreed to support the project, he understood he would only have to pay what the other nearby property owners would pay --which would be $240. He added that he has no need • Minutes Regular Council Meeting October 27, 1976 Page 7 for sidewalks on his lot but recognizes the safety factor involved. Col. Lupton also informed the Council of a drainage problem on his property which overflows his septic tank. The Staff responded they would check into it. Attorney Benadum again called Mr. Holly to the stand, asking him if he took into consideration the existing utility easement on Col. Lupton's property when he appraised it. Mr. Holly replied that he did, and again explained the dimensions of the lot and his recommendation. After discussion, it was the consensus of the Council that the assessment for Item 1 owned by Col. Lupton be reduced to $240, which would be the same as the other lots. Motion by Tipton, seconded by Sample and passed unanimously, that the hearing be closed. Mayor Luby then called for the City Manager's Report. City Manager Townsend presented the following items, with related comments and explanations: a. Recommendation that a public hearing be held on November 10, 1976 on the annexation of McKenzie Road from the City limits just north of IR 37 to that portion of the road being dedicated by the developers of Castle River Unit I Subdivision. b. Recommendation that bids be received at 11:00 a.m., Tuesday, November 23, 1976 for the printing, collating, and assembly of 500 City Zoning Map Books. The books are then sold to the public and various City operations at a price sufficient to cover the cost of production. c. Recommendation that bids be received at 11:00 A.M., Tuesday, November 16, 1976 for 1976/77 requirements of tires and tubes as follows: 1. 250 Police pursuit special fabric radial tires. 2. 1,450 passenger and light commercial tires and 840 tubes. 3. 735 truck and trailer tires and 1,200 tubes. 4. 100 farm and industrial tires and 94 tubes. 5. 90 heavy equipment and off road tires and 120 tubes. d. Recommendation that an ambulance on a one -ton cab and chassis with dual rear wheels be purchased from Modular Ambulance Corporation, Grand Prairie, on the basis of the only bid received of $22,228.65. Price comparison shows an increase of approximately 25.7% since April, 1973, partly due to revision in the specifications to provide dual rear wheels, wide rear axle and body and increased gross vehicle weight from 8,000 to 10,000 pounds. The changes were designed to increase vehicle stability and handling on the road. Funds for the purchase were carried over from the 1975-76 budget. e. Recommendation that the General Fund be reimbursed $27,495.29 for engineering services for various Bond and Community Development projects during September, and that an additional $15,629.71 be appropriated. f. Recommendation that duck blinds be prohibited within 400 feet of the shoreline on Laguna Madre. During duck hunting season, blinds are constructed in the Laguna Madre. Pellets from shotguns often reach shore when a firearm is discharged in that direction. The existing ordinance states that hunting and the unauthorized discharge of firearms of any description inside the City limits and within 400 feet of the City limits is unlawful, except in Laguna Madre where duck hunting is allowed in season. Requiring duck hunting blinds and structures to be 400 feet from shore will help to prevent the discharge of firearms near the shore and occupied homes. Minutes Regular Council Meeting October 27, 1976 Page 8 g. Recommendation that a contract be approved with Corpus Christi Housing Improvement Corporation, the new nonprofit corporation, to provide administration of a loan fund to improve housing standards generally within the city. The initial funds are provided under authority of the 1976 Community Development Block Grant Program in the amount of $500,000. h. Recommendation that applications be submitted to the Economic Development Administration for the following projects to be constructed under provisions of Title I of the Public Works Employment Act of 1975: (1) Highway 9 - Sanitary Sewer Improvements (2) Lexington Industrial Sanitary Sewer (3) Cole Park Improvements (4) Airport Improvements (5) North Breakwater Improvements (6) Renovation of Coliseum and Exposition Hall Restrooms (7) Seawall and T -Head Repair (8) Demolition of Old Street Yard Building (9) Fishing Pier on Power Street Storm Sewer Outfall (10) Staples Water Main Replacement (11) Baldwin Water Main Replacement. Total estimate of these projects is $2,300,000. Additional project requests will be submitted during the next two weeks. i. Recommendation that the revised project application for Federal assistance for the Corpus Christi Health Center, submitted by the Texas Department of Health Resources, be approved. The revised application includes work under contract plus the cost of proposed equipment. The new budget indicates that $2,200,000 will be needed to complete the project. The present appropriation and accounts receivable from the Federal government plus funds appropriated to cover library work total $2,076,794.23. $91,786.79 is available for appropriation, thus making the total project short by $31,418.98. The $31,418.98 needed can be made available by revising the appropriation for the Flour Bluff Satellite Clinic right-of-way acquisition and architectural fees by using Revenue Sharing Funds to release the bonds appropriated for that purpose. An appropriation of $123,205.77 is requested to cover the purchase of equipment after bids are received plus additional architectural fees needed for project completion. Use of revenue sharing to make equipment purchases possible was one of the remaining revenue sharing projects under consideration. The detailed equipment list will be submitted later with the request to receive bids. Recommendation that the 1976-77 budget for Fire Department Communications (Activity 3343) be amended by eventually deleting four Fire Alarm Operator positions and adding four civilian Dispatcher positions. This amendment will enable the Fire Communications office to utilize non - fire personnel for dispatching, in the same manner as is currently in use in the Police Department. Incumbent Fire Alarm Operators and Fire Lieutenants will be reassigned to fire suppression by promotion or voluntary transfer after replacement dispatchers are trained. k. Recommendation that the Coastal Bend Manpower Consortium Agreement be amended to allow employees and elected officials of political jurisdictions signatory to the Agreement to serve on the Planning Advisory Council. On July 28, 1976, the agreement was amended to prohibit any person "receiving any part of his salary from any CETA assisted program" and any "employee or member of the governing body of any agency contacting for delivery of CETA services" from serving on the Advisory Council. The Manpower Executive Committee recommended this amendment at its October 21, 1976 meeting. j• Under discussion, Councilmember Gulley voiced his objection to acquiring more property on the beach. Instead, he said,he favors using the money to expand the airport parking lot, saying when Southwest Airlines begins serving Corpus Christi there will be a definite parking shortage at the airport. He stressed that expanding • the parking lot would also bring added revenue. Minutes Regular Council Meeting October 27, 1976 Page 9 Mayor Luby then called for comments from the audience regarding the City Manager's Report, and Mr. Joseph F. Corey spoke concerning item "f" and asked that "shoreline" be clearly defined to avoid problems for hunters and police, explaining that the shoreline along the Laguna Madre varies greatly with the tides. The Council agreed that was a very good suggestion. City Manager Townsend replied he would check the ordinance and City Code governing same to be sure the shoreline is clearly defined. Mr. Gary Galloway, 1318 Lum Street, inquired relative to item "i" what interest the City has in the property if the Navy base closes. Mayor Luby responded that the City is purchasing land for safety zones around NAS' airfields in the hope that the Navy will stay in Corpus Christi. Motion by Sample, seconded by Lozano and passed --with Gulley voting No on items "i" and "k" --that the City Manager's Report be approved. Mayor Luby then read his letter of veto of Resolution No. 13440 passed last week confirming the appointment of Mr. William T. Utter as Director of Neighborhood Improvement. Motion by Gulley to override the Mayor's veto of Resolution No. 13440. Councilmember de Ases inquired as to the timeframe when the Council must act on the veto. City Attorney Aycock replied that the action does not have to be simultaneous but should be within a reasonable length of time. Mayor Luby maintained he believes failure to act today would sustain his veto. Councilmember Gill seconded the Motion to override the Mayor's veto of Resolution No. 13440. In discussion, she suggested that the Council meet in private with the City Manager before confirming future appointments "to avoid this sort of thing happening again and so we would know for sure that the best person is being chosen." City Manager Townsend responded that the inference that he has hired a substantial number of management employees from outside the city limits and has not taken care of those people who are qualified from within is not supported by facts. He stated he has been responsible for appointments in this level since January 1, 1968; and during that time 116 appointments and promotions were made to managerial level positions in salary grade 29 and above throughout the City. He explained that of this total, only Minutes Regular Council Meeting October 27, 1976 Page 10 21 persons --or 18% --lived outside Corpus Christi at the time of appointment, and distributed a list of those positions to the Council. He also pointed out that in January 1, 1968 there were no members of minority groups in Grade 29 and above; that since that time he has appointed 20 persons to that salary range who are of Spanish surname or Black. Mr. Townsend went on to report the figures for Fire and Police employees in Grade 26 and above and the number of those persons of Spanish surname or Black. He emphasized that even though the top positions in the City do not reflect the ethnic background of Corpus Christi, the percentage is much nearer toward that goal; and that less than one=sixth of the employees he has appointed to top positions have been brought in from outside the city. Councilmember Gulley then asked the City Manager if it would be allowable under the Charter for him to follow Councilmember Gill's suggestion. City Manager Townsend replied that the Council can set whatever policies they choose; but that the Charter provides that the City Manager makes the appointment and asks them for confirmation. Councilmember Gill clarified her earlier statement, saying she meant she believes the Council should be able to review the individual; she used the analogy that the President of the United States confers with his Cabinet members prior to app'inting his top officials. City Manager Townsend repeated that the Council can make whatever intensive review of the individual they choose; but that the Charter does not contemplate their reviewing all applicants. Councilmember Sample asserted that the City Manager provided each of them with a resume of the applicant at least a week before the Resolution was placed on the agenda to be voted upon; he stated that the Council should have gone into closed session at that time if there were any questions or reservations regarding confirmation. Councilmember de Ases agreed that a discussion of an applicant's qualifications and background should be held in closed session. He added he believes the Council has the right to ask the City Manager. "whether he has other applicants in mind and has considered others prior to making this recommendation." Mr. Townsend answered that he does not believe the Council can review the other applicants, although they could review the recruitment process. He added he believes Minutes Regular Council Meeting October 27, 1976 Page 11 there is a fine line as to the Council's inquiring if a certain applicant was considered or asking the qualifications of the other applicants. Councilmember Lozano inserted he believes it depends on the position; that for some jobs, a knowledge of the city and the people whom the applicant would be working with is much more important than a college degree, he stated. City Manager Townsend inserted that it would have been no problem to go into a closed session regarding this particular applicant, because he submitted the person's name before the Council a week in advance. Mayor Luby said he had told the Assistant City Manager about his reservations but they still didn't go into closed session for discussion. Councilmember Sample responded to the Mayor that he (the Mayor) should have asked for the closed session to clear the matter up. City Manager Townsend summed up that the matter before the Council is whether a Division head is going to be selected by that Department head to carry out the job he will be responsible for; he repeated that the person selected for this position must have competency in carrying out federal projects which are very complex; that there is an urgent need to start the Neighborhood Improvement Program; and that if this person is rejected he would have to start the whole application process over because he does not feel there is a qualified second applicant. Mayor Luby called for the vote on the Motion on the floor, that being to override the Mayor's veto of Resolution No. 13440. The Motion passed, with Luby and Lozano voting No. Mayor Luby then called for the ordinances. City Manager Townsend presented the following ordinances, with related comments and explanations. There was no discussion from the audience. Mayor Luby declared the ordinance making changes in classifications within the Fire Department to be heard on three readings rather than as an emergency. There being no further discussion, City Secretary Read polled the Council for their vote. All ordinances passed, as follows: FIRST READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 33-75, DISCHARGING FIREARMS; DUCK HUNTING, SO AS TO MAKE IT UNLAWFUL FOR ERECTION OF DUCK BLINDS OR USE OF DUCK BLINDS WITHIN 400 FEET OF THE SHORELINE IN TETE LAGUNA MADRE; PROVIDING FOR SEVERANCE; 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, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting October 27, 1976 Page 12 SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO APPROVE AN ASSIGNMENT OF THE AIRPORT LIMOUSINE FRANCHISE BY BOB G. WELCH AND RUBY WELCH DBA AIRPORT LIMOUSINE SERVICE TO AIRPORT TRANSPORTATION OF CORPUS CHRISTI, INC., A SUBSTANTIAL COPY OF WHICH ASSIGNMENT AGREEMENT 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 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A NEW SECTION TO CHAPTER 12, ARTICLE II MARINA, TO BE DESIGNATED AS SECTION 12-79, SLIP RENTAL CONTRACT, PROVIDING FOR SLIP RENTAL DEPOSITS; PROVIDING FOR CANCELLATION NOTICE BY TENANT, PROVIDING FOR A DELINQUENT PAYMENT CHARGE; PROVIDING FOR FORFEITURE OF DEPOSIT; PROVIDING FOR CONTRACTUAL AUTHORITY TO SELL CRAFT AT PUBLIC AUCTION FOR DELINQUENCIES; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; AND 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". ORDINANCE NO. 13451 THIRD READING OF AN ORDINANCE AMENDING THE 1976-77 BUDGET BY CANCELLING THE ESTIMATED REVENUE FROM MARINA FACILITIES RENTAL IN THE GENERAL FUND, BY CANCELLING GENERAL FUND APPROPRIATIONS FOR THE MARINA ACTIVITY, BY THE REVISION OF ESTIMATED REVENUES FOR THE MARINA FACILITIES FUND AND ESTABLISHING NEW APPROPRIATIONS FOR THE MARINA FACILITIES FUND. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13452 THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL fS ON CE;LAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT A ''NES ON BOTH SIDES OF AYERS STREET FROM BALDWIN BOULEVARD TO NORTON STREET; AND ' TNG FOR PUBLICATION. 1111 foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13453 THIRD READING OF AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY REPEALING ORDINANCE NO. 12850, PROVIDING FOR ONE-WAY STREET AND ALLEY D'/ NATION FOR FRANCESCA STREET, FROM CHIPPEWA STREET TO RUTH AND IN LIEU THEREOF AL)iNG AN ITEM TO SECTION 53.250, SCHEDULE I, ONE-WAY STREETS AND ALLEYS, SO AS TO PROVIDE FOR ONE-WAY DESIGNATION FOR FRANCESCA STREET, FROM CHIPPEWA STREET TO HIGHLAND AVENUE BETWEEN THE HOURS OF 8:00 A.M. AND 9:30 A.M. AND 3:00 P.M. AND 4:30 P.M., DURING SCHOOL DAYS ONLY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13454 APPROPRIATING THE SUM OF $15,629.71 AS FOLLOWS: $1,690.92 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502 $3,832.36 OUT OF THE NO. 220 STREET BOND FUND $1,816.02 OUT OF THE NO. 245 AIRPORT BOND FUND $6,621.98 OUT OF THE NO. 250 SANITARY SEWER BOND FUND $1,668.43 OUT OF THE NO. 291 PARK BOND FUND Minutes Regular Council Meeting October 27, 1976 Page 13 TO SUPPLEMENT $11,865.58 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $27,495.29 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING THE MONTH OF SEPTEMBER, 1976; 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. 13455 AUTHORIZING THE CITY MANAGER TO EXECUTE AND THEREBY ENTER INTO A CONTRACT WITH THE CORPUS CHRISTI HOUSING IMPROVEMENT CORPORATION WHEREIN THE CORPORATION IS TO PROVIDE CERTAIN SERVICES AS DETAILED; FURTHER AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL DOCUMENTS NECESSARY TO EFFECTUATE THE PURPOSES OF SAID CONTRACT; 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. 13456 AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS TO THE ECONOMIC DEVELOPMENT ADMIN- ISTRATION FOR THE FOLLOWING PROJECTS TO BE FINANCED UNDER TITLE I OF THE PUBLIC WORKS ADMINISTRATION ACT OF 1975: (1) HIGHWAY 9 - SANITARY SEWER IMPROVEMENTS (2) LEXINGTON INDUSTRIAL SANITARY SEWER (3) COLE PARK IMPROVEMENTS (4) AIRPORT IMPROVEMENTS (5) NORTH BREAKWATER IMPROVEMENTS (6) RENOVATION OF COLISEUM AND EXPOSITION HALL RESTROOMS (7) SEAWALL AND T -HEAD REPAIR (8) DEMOLITION OF OLD STREET YARD BUILDING (9) FISHING PIER ON POWER STREET STORM SEWER OUTFALL (10) STAPLES WATER MAIN REPLACEMENT (11) BALDWIN WATER MAIN REPLACEMENT; 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. 13457 AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED GRANT AGREEMENT WITH THE DEPARTMENT OF HEALTH, EDUCATION AND WELFARE FOR THE CORPUS CHRISTI HEALTH CENTER, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $123,205.77 OUT OF THE NO. 268 HEALTH FACILITIES BOND FUND TO PROVIDE FOR THE PURCHASE AND PAYMENT OF THE EQUIPMENT FOR THE HEALTH CENTER, SUBJECT TO ADVERTISING FOR BIDS AND AWARDING EQUIPMENT PURCHASE CONTRACT, PLUS ADDITIONAL ARCHITECTURAL FEES AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 268-72-1; 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. 13458 AMENDING ORDINANCE NO. 11404, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 20, 1973, BY AMENDING SECTION 1 SO AS TO CHANGE THE NUMBER OF SATELLITE HEALTH CLINICS TO BE DESIGNED UNDER PROJECT NO. 207-72-3.2 FROM THREE TO TWO; AMENDING SECTION 2 OF SAID ORDINANCE NO. 11404 BY CANCELLING $11,418.98 FROM SAID APPROPRIATION, APPLICABLE TO PROJECT NO. 207-72-3.2, AND AUTHORIZING THE TRANSFER OF AN APPROPRIATION OF $11,418.98 FROM THE NO. 126 GENERAL REVENUE SHARING FUND TO THE SAID PROJECT TO COVER ARCHITECTURAL FEES RELATED TO THE FLOUR BLUFF PORTION OF 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, Gill, Gulley, Lozano and Sample, present and voting "Aye". Minutes Regular Council Meeting October 27, 1976 Page 14 ORDINANCE NO. 13459 AMENDING ORDINANCE NO. 12769, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 27, 1975, BY AMENDING SECTION 2 SO AS TO CANCEL THE SUM OF $20,000 FROM THE NO. 268 HEALTH FACILITIES BOND FUND AND AUTHORIZING THE TRANSFER OF AND APPROPRIATION OF $20,000 OUT OF THE NO. 126 GENERAL REVENUE SHARING FUND TO PROJECT NO. 268-72-3 TO COVER RIGHT OF WAY ACQUISITION FOR THE FLOUR BLUFF SATELLITE CLINIC; 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". FIRST READING OF AN ORDINANCE AMENDING THE BUDGET FOR FY 1976-77, ADOPTED BY ORDINANCE NO. 13309, BY DELETING FOUR BUDGETED FIRE ALARM OPERATOR (OR FIRE LIEUTENANT) POSITIONS AND BY PROVIDING FOR THE ADDITION OF FOUR FIRE DISPATCHER POSITIONS ( SALARY GRADE 20) IN ACTIVITY 3343. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye". ORDINANCE NO. 13460 AMENDING THE COASTAL BEND MANPOWER CONSORTIUM AGREEMENT AUTHORIZED BY ORDINANCE NO. 13099, PASSED AND APPROVED BY THE CITY COUNCIL ON MARCH 24, 1976, AND AS AMENDED BY ORDINANCE NO. 13307, PASSED AND APPROVED ON JULY 28, 1976, BY AMENDING SECTION 6, PARAGRAPH 2, SO AS TO PERMIT EMPLOYEES AND ELECTED OFFICIALS OF POLITICAL JURISDICTIONS SIGNATORY TO THE AGREEMENT TO SERVE ON THE PLANNING ADVISORY COUNCIL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gill, Lozano and Sample, present and voting "Aye"; Gulley voting "Nay". City Manager Townsend next explained the tabled item of the closing of Old Brownsville Road from Hiawatha to Morgan. He reviewed that the hearing on the matter wes closed on October 20, 1976 and action was delayed until the Staff could develop an alternative proposal which would be acceptable to the abutting property owners. He explained the alternative proposal provides for closing Hiawatha Street from Old Brownsville Road to Morgan and that portion of Old Brownsville Road in front of Lots 1-A and 1-B. He stated the remaining part of Old Brownsville Road would be realigned to provide a safer intersection with Morgan Avenue. He suggested that a public hearing be held on November 17th on the closing of Hiawatha Street. Motion by Gulley, seconded by Sample and passed unanimously, to set the hearing for the closing of Hiawatha Street on November 17, 1976. Mayor Luby opened the floor for petitions or information from the audience, and Mr. Wilbur Potts, President of LaArmada senior citizens dance club, read a letter from Mrs. Ruth Mary Price, Director of the Housing Authority, informing them that the Board of Commissioners of the Housing Authority determined that the LaArmada will Minutes Regular Council Meeting October 27, 1976 Page 15 no longer be available for their dances after November 6 "because their use does not conform to long-term policy." He stated that Mrs. Price said there were only six persons who lived in the housing project that attended the dances, but one of their members compiled a list of at least 29 persons. City Manager Townsend figured up that the $25.00 per night fee which the City began paying to sponsor the dances after Mr. Potts' last visit to the Council would be a substantial amount on a yearly basis; he asked Mr. Potts if another center or location might be suitable for their dances. Mr. Potts replied that about 35 or 40 of the people walk to the LaArmada; that some are within half a block; and that they could not relocate to another center. In further discussion, Councilmember Gulley explained to Mr. Potts that the City Council appoints the members of the Housing Authority Board but that the Board is autonomous; that Mrs. Price was correct in her statement to Mr. Potts that she does not work for the City. Mayor Luby asked that the members of the Board be invited to the November 10 Council Meeting along with Mrs. Price to discuss the matter and work out a solution. It was agreed. Mayor Luby declared a recess at 5:27 p.m. The Regular Council Meeting was resumed at 5:35 p.m. with a presentation by Mr. Robert Koimn, an architect, regarding establishment of a Mexican -American Cultural Center. He addressed the Council that a group of citizens started planning the center about a year ago and recently submitted their final presentation to the Park Board and Landmark Commission. He explained that their committee is forming a nonprofit corpora-' tion called the Mexican -American Cultural Institute; that this project is called Plaza de Amistad. Mr. Roimn proceeded with an extensive slide presentation showing their plans to convert the old incinerator building on Greenwood Drive near Port Avenue into the center, with a stage, library, meeting room, aviary, a small retail shop, an urban park and an exhibit area. He explained the extent of remodeling which would be necessary, saying it would turn the building into something the entire town would be proud of, especially the Mexican -American community. He estimated the total project cost to be $496,000 with an operating budget of about $100,000 a year. He explained funding possibilities for the proposal. Mr. Koimn stressed that they believe the center would revitalize that entire area of town, adding he has been told by other Minutes Regular Council Meeting October 27, 1976 Page 16 people in the vicinity that they would make improvements to their property if the center were constructed there. Councilmember Sample thanked Mr. Koimn for his fine presentation and a very good proposal. Under discussion, City Manager Townsend stated the Staff would study this proposal and the proposal presented earlier today by BUILD and assist both groups with their applications for funds. There being no further business, the Regular Council Meeting of October 27, 1976 was adjourned at 6:50 p.m.