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HomeMy WebLinkAboutMinutes City Council - 01/19/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 19, 1977 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Councilmembers: Eduardo E. de Ases Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Manager R. Marvin Townsend Executive Assistant City Attorney Michael May City Secretary Bill G. Read Assistant City Secretary Edna Pierce Mayor Jason Luby called the meeting to order in the Council Chambers of City Hall. The Invocation was given by Councilmember Sample. City Secretary Read called the roll of required Charter Officers; there was a quorum present. Motion by Tipton that the Minutes of the Regular and Special Council Meetings of January 5, 1977 be approved as submitted; seconded by Sample and passed unanimously. The Council next presented plaques to members of the Bicentennial Executive Committee in appreciation of their services. Dr. Richard Moore, Chairman of the Bicentennial Commission, made a final report on the success of the program. He also obtained the Council's signatures on documents from the Bicentennial which will be sealed and then opened in 50 years. Mayor Luby next recognized students from the Tuloso-Midway Junior High School Government Class who were attending the meeting, and their teacher, Mr. Arthur Uehlinger. Mayor Luby then announced the bid opening for street improvements to Comanche from 19th to Port, Bonham from Sokol to the end, Cosner from Mahan to McArdle, Hakel from Padre Island Drive to McArdle, and Houston from Kostoryz to Carroll Lane. Mr. Jimmy Lontos, Director of Engineering and Physical Development, stated that the project completes the 1970 and 1972 voluntary paving program and the second year Community Development street program. He opened and read bids from the following firms: APCCO, Abacus Corporation, Asphalt Maintenance Company, Heldenfels Brothers, and South Texas Construction Company. As required by the City Charter, the foregoing bids were tabled for 48 hours for evaluation and recommendation by the Staff. IM1 RQFlLMED, ISEP 0 31980 Minutes Regular Council Meeting January 19, 1976 Page 2 Councilmember Sample reminded the Council to send a letter to the NAACP regarding the racial slur made by a member of the MH -MR Board of Trustees at their recent meeting. During last week'a Council Meeting, the Council agreed to send such a letter, explaining that in view of the person's apology for the comment and after their meeting with the person later, they do not feel it is necessary that he resign from that Board. City Secretary Read was instructed to send the letter. 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 bids be received at 11 a.m., Tuesday, February 8, 1977 for the following budgeted items: (1) 22 lateral filing cabinets for various divisions (2) A replacement triplex riding greens mower for the Golf Course. (3) A spectrum -analyzer monitor for use by Maintenance Services in checking and maintaining the microwave radio equipment of the Police Department. This equipment is used to determine the purity of frequency transmissions and to detect and help locate the source of frequency interference. (4) 22 replacement single lamp 1,000 watt metal halide lighting fixtures with provisions for focusing light beams for improving lighting at at the Coliseum area. These new fixtures will draw less power than the existing fixtures (over 100,000 kilowatt hours per year), have a lower operating temperature which should result in lower air conditioning costs, and have a longer lamp life and lower maintenance cost. (5) 57 lengths (2,850') of replacement 3" cotton polyester filled fire hose. (6) 19 self-contained pressure type breathing appratus complete with back pack and carrying case for the Fire Department, of which 15 are replacement and 4 are for the new pumper; and 2 chlorine respirators for the Stevens and Cunningham Filter Plants. b. Recommendation that bids be received at 11 a.m., Tuesday, February 8, 1977 for traffic control equipment, cable and strain pole assemblies for traffic signal improvements at the following intersections: (1) (2) (3) Six Points. Improvements include traffic detectors in each approach lane to measure traffic stacked up at each approach and to extend green time to clear congested approaches and new direction signs advising motorists which lane to use as they approach the intersection. Signalization of Everhart Road and Bonner Drive to provide breaks in the traffic flow between Holly and Padre Island Drive. Installation of a pedestrian accuated signal at NAS Drive near Skipper Lane. Minutes Regular Council Meeting January 19, 1977 Page 3 (4) Highway 44 and the Airport. Installation of amber caution flashers with red stop flashers facing the Airport entrance road and Airport directional signs on overhead span wires to give additional information to motorists. The State Department of Highways and Public Transportation will be asked to extend the length of the left turn lane on Highway 44 and construct a deceleration lane on the in -bound lane approaching the entrance road. These improvements will fully expend the money provided by the 1972 bond election fort traffic signal improvements. c. Recommendation that bids be received at 11:00 A.M., Tuesday, February 8, 1977 for an electric motor driven self -priming centrifugal pump for the Allison Wastewater Treatment Plant to be used to pump digested sludge to a field at the plant site for subsurface injection. This stationary pump will eliminate moving a mobile unit from plant to plant, allowing the mobile unit to serve only the Oso and Westside Plants. This work is part of the 1972 bond election project to expand sludge handling facilities at the Allison plant. d. Recommendation that plans and specifications for the Corpus Christi Museum Railroad Station'project be approved and bids be received on Tuesday, February 8, 1977. $15,613.32 remains from a 1971 appropriation of $20,000 for improvements to the railroad exhibit donated to the City by South Texas Rail - Road Historical Society. Bide will be received on separate items so a contract can be awarded within the available money. The priority of work will be as follows: (1) Elevated boardwalk around the railroad care and the station, ground level boardwalk between the railroad cars, extension of the chain link fence around the station, and its painting. (2) Installation of a new pine floor in the railroad station. (3) Glazing of the station windows. (4) Repairing two sashes and replacing six sashes and three doors of the station. The Museum Advisory Board so recommends. e. Recommendation that plans and specifications for Airline Subdivision sanitary sewer improvements be approved and bids be received on February 16, 1977. This project, included in the 2nd Year Community Development program, will provide approximately 2,700' of 8" gravity sewer lines to extend service to the existing subdivision located east of Airline between Holly and Saratoga. f. Recommendation that the mntlon for rehearing„ filed by Centre] Pawai and Muhl Company nil 1)e ember 20. 19/6. he overruled eo that various appeals may be consolidated and go forward in an orderly manner. Because the Company filed an appeal before action on its motion for rehearing it is apparent that the Company recognizes that State Law, as to timetable and 100% reimbursement of the cost of consultants, now governs CPU's request. Recommendation that a permit be granted to Sun Oil Company to drill a 12,800 foot well in the West corner of State Tract 423 in Corpus Christi Bay as a straight hole at a regular location. No exceptions to the Bay Drilling Ordinance have been requested. The well will be approximately 2 miles south of Ingleside. g. Minutes Regular Council Meeting January 19, 1977 Page 4 h. Recommendation that the Airport Newstand concession lease be renewed for 5 years with Hershel and Lyda N. Chance, dba C & T Gifts and News with an increase in the percentage of gross revenue from 5% to 7A%. The newstand ge oro 42.4% whilepassengervolumewasincreasingonly d g e last 5 ars f16.9%79 77e to $ent,583 e lease expires February 28, 1977. The 71/2% rate is comparableTto thatpaidat other Texas airports of similar size. The Airport Advisory Board so recommends. The lease requires the newstand to be open at least 16 hours per day 6 days a week and at least 8 hours on Sunday. 1. Recommendation that an Escrow Agreement be approved with the State for construction of Kostoryz Road from Padre Island Drive to Holly Road and $114,700 be appropriated for the City's share. This project is funded jointly by the City and the State under the Urban Systems Program. The total cost is $440,010. The contract will be administered by the State and is tentatively scheduled to be awarded in February. Recommendation that an escrow agreement be executed with the State for construction of street improvements on Port Avenue from Buford Street to State Highway 286 (the Crosstown Expressway) and $244,900 be appropriated for the City's estimated share of the cost. This project will be funded jointly by the City and State under the Urban Systems Program. The total coat is estimated to be $962,950. The contract will be administered by the State and is scheduled to be awarded in February. k. Recommendation that the following actions be taken in connection with improvements to North Staples Street from I.H. 37 to West Broadway and Starlite Lane from Leopard Street to Sunny Drive: (1) the final assessment roll for North Staples be adopted totaling $52,998.24 for 41 items. j• (2) the final assessment roll for Starlite be adopted for $57,181.98 on 46 items. Both projects were constructed by the State as part of the Urban Systems Program and financed by the City, State and Federal Governments. The total cost of the North Staples Street was $132,819.11 of which the Federal and State portion was $64,304.76 and the City's $68,514.35. The Starlite Lane project cost $303,579.25 of which the Federal and State portion was $115,525.51 and the City's $188,053.74. 1. Recommendation that the final assessment roll for Leopard Street improvements from Carancahua Street to Palm Drive be adopted. The project was constructed jointly by the City, State and Federal Government under the Urban Systems program. The total cost was $222,781.85 of which the State's portion was $154,723.41 and the City's $68,058.41. The $222,781.85 is approximately $27,000 over the original contract price because more base repair work had to be done than was originally anticipated. No additional appropriation is necessary. The assessment roll consists of 5 items and total $3,867.91. m, RavoM anddtitn (hal $750.00 ha approprlalarl for appraisal servlr:ca by Mr. Richard Clower in connection with acquisition of 3 parcels for the extension of Aztec Street from Omaha to Cheyenne Streets, a Community Development Block Grant Project. n. Recommendation that the City reimburse Mr. Edgar Moore and Mr. Jule H. Pels, developers of Crestmont Subdivision, Unit 2, $8,646.88 for h of the cost of street and sidewalk improvements around a dedicated park, in accordance with the Platting Ordinance. The subdivision is located between Holly, Kostoryz, Weber, and Saratoga. Minutes Regular Council Meeting January 19, 1977 Page 5 o. Recommendation that Parcels 7A and 7B for street improvements to Kostoryz Road from Padre Island Drive to Holly Road be acquired by condemnation. The properties, owned by Gulf Real Estate Incorporated, are located on the southeast corner of Kostoryz Road and Padre Island Drive. Negotiations with the owners' representative have been unsuccessful. The property is approximately 250' by an average of 12'ror 2,848 sq. ft. at Kostoryz and Padre Island Drive. / i(iRecommendation that plana and specifications for Improvements at Pump Stations A & B - Pump Repairs, be approved and bids be received on February 16, 1977. This project provides for installing previously purchased pump parts in Pump Stations A & B and such other parts as may be needed. The parts, which were purchased at a cost of $104,847.00, have now been received, and it is planned to have the parts installed by the beginning of the 1977 hurricane season. Recommendation that a 20% rate increase in employee and dependent group health insurance premiums be approved effective February 1, 1977 until bids can be received and a new contract awarded for health insurance. It is recommended that bids be received at 11 a.m., Tuesday, February 15, 1977. The current contract is with Connecticut General. They have advised that premiums will be increased February 1 because of rising medical costs and increased claims experience under major medical coverage over the past contract year (January 1 - December 31, 1976). q. r. Recommendation that authority be granted for the City as the Administrative Unit of the Manpower Consortium, to submit a CETA Title II grant modification to the Department of Labor to extend the grant through September 30, 1977, add $359,840 new FY 77 funds, and deobligate FY 76 supplemental funds. This modification and the following distribution are in accordance with Department of Labor determinations and Executive Committee action of December 16, 1976. The new funds will be used to sustain the June 30, 1976 level of participants. City of Corpus Christi $230,881 Balance of Nueces County 31,669 City of Robstown 18,589 San Patricia County 51,714 Manpower Administration 26,987 TOTAL---- $359,840 s. Recommendation that a Title II Comprehensive Employment and Training Act contract modification be approved to extend the City's contract from January 31 to September 30, 1977. The modification incorporates $230,881 in FY 77 funds, deobligates effective January 1, 1977 $189,537 in FY 76 Supplemental Funds for an additional appropriation of $41,344. Funds available for FY 77 from October 1, 1976 to September 30, 1977 are $598,851. Of this amount $318,946 had been spent by December 31, 1976. Funds available for continuation of the Title II program through September 30, 1977 are $279,905. It is recommended that 35 Title II employees be continued through September 30, 1977 and approximately 137 currently employed Title II participants be transferred to the Title VI program effective January ], 1977 and be extended through September 30, 1977 in that program. Minutes Regular Council Meeting January 19, 1977 Page 6 t. Recommendation that authority be granted for the City as the Administra- tive Unit of the Manpower Consortium to submit a CETA Title VI grant appli- cation to the Department of Labor which will obligate FY 1976 supplemental funds deobligated from the Title II grant and $1,307,251 FY 1977 funds to be distributed according to the Department of Labor and the action of the Executive Committee of January 3, 1977. County allocations were increased by $4,724 by Corpus Christi, Nueces County and San Patricio County providing all administrative costs. Corpus Christi - City Balance of Nueces County San Patricio County Administrative costs $813,145 111,529 185,887 County Allocations: Aransas 10,202 Bee 27,854 Brooks 14,743 Duval 11,771 Jim Wells 42,475 Kenedy 953 Kleberg 28,564 Live Oak 8,669 McMullen 1,569 Refugio 10,672 TOTAL $1,110,561 39,218 154,472 $1,307,251 This grant will continue public service jobs and create jobs by attrition for the long-term unemployed. The term of the grant will be January 1, 1977 through September 30, 1977. The McMullen County allocation will be assigned to live Oak County and Refugio County allocation to the City of Refugio at each County's request. The Kenedy County officials have not indicated whether or not they desire to assign their allocation to Kleberg County. u. Recommendation that a FY 77 Title VI Comprehensive Employment and Training Act contract be approved effective January 1 through September 30, 1977 for $1,002,682 for the continuation of currently funded Title II and Title VI positions. Of this amount, $813,145 are FY 77 Title VI allocations and $189,537 are FY 76 Title II Supplemental Funds deobligated from the Title II program and transferred to the FY 77 Title VI contract. The funds will be used to continue approximately 137 current City Title II positions from January 1 through September 30, 1977 and 69 current Title VI sub -agent posi- tions from February 1 through September 30, 1977: Corpus Christi ISD 42 Flour Bluff ISD 5 West Oso ISD 3 Calallen ISD 4 Tuloso Midway ISD 3 Nueces County Community Action Agency 7 Del Mar College 3 Lulac Educational f m”I .1 Minutes Regular Council Meeting January 19, 1977 Page 7 v. Recommendation that authority be granted for the City, as the Administrative Unit of the Manpower Consortium, to execute a modification to the CETA Title VI contract with Manpower Administration in order to extend the contract through February 28, 1977 and utilize unspent funds during the extended period of the contract. The amount of unspent funds is $2,701. These funds are utilized to provide fdr prorated cost of the Manpower Administration staff time used on the Title VI program. The prorated cost is required by CETA regulations. w. Recommendation that a lease be approved with Southwest Airlines Corporation covering the rental of space at International Airport and the use of the Airport for the period March 1, 1977 through August 7, 1980. The lease includes a ticket counter, an office space in the International Arrival Building, and Gates 5 and 6 which will be inclosed, heated and air conditioned at Southwest's expense for non-exclusive use. Proposed revenue is $5654 per year for the Gate House, $4,784 for 886 sq. ft. at the International Arrival Build- ing, and $4,444 for 550 sq. ft. of ticket counter. Four round trip flights daily to Houston Hobby Airport and continuing on to Dallas Love Field will begin about March 1. One way executive fares (after 7 a.m. to 6 p.m., Monday through Friday) will be $25 to Houston and $40 to Dallas. Pleasure fares for flights originating at hours other than executive fare will be $15 to Houston and $25 to Dallas. Councilmember Gulley asked for more information concerning item "o". City Manager Townsend explained that the owner and the City are in agreement that the value of the parcels taken is $5,200; but that the owner contends there is an additional $12,000 due him for damages to the remainder of his property. City Manager Townsend stressed that two appraisers hired by the City have given separate opinions that they do not believe the owner is entitled to any damages whatsoever. Councilmember Gulley maintained that he believes condemnation is a serious matter and he will vote against the recommendation unless he receives further information on this case. Mr. Townsend added that the City must assure the State access to the right- of-way for the project. There was no discussion from the audience pertaining to the recommendations. Motion by Lozano that the City Manager's Report be approved as presented; seconded by Sample and passed --with Gulley voting No on item "o". City Manager Townsend next reported that the City has used twice as much fuel from last October to date as average use in previous years, and that the winter is only half over. He warned that gas bills will be high because everybody is consuming a lot of gas. Councilmember Gulley then asked for further discussion on the status of the convention center, since the Texas Supreme Court overruled the case regarding same this morning. Minutes Regular Council Meeting January 19, 1977 Page 8 City Manager Townsend explained that the plaintiffs have 15 days in which to file a motion for a rehearing; and that the Council could not enter into the bond market for convention -center bonds until after those 15 days, which would be in the Council moratorium. He reported that the sale of 2.8 million dollars of capital improvement bonds is set for February 9, 1977. City Manager Townsend then distributed a report on the meeting with the Texas Water Development Board, and briefly discussed it. City Manager Townsend next presented the ordinances. There were no comments from the audience. City Secretary Read polled the Council; all ordinances passed, as follows: FIRST READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN EXTENSION OF AN ASSIGNMENT AGREEMENT BETWEEN CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND HERSHEL AND LYDA N. CHANCE, DBA C & T GIFTS AND NEWS, SAID EXTENSION TO BE FOR A PERIOD OF FIVE (5) YEARS, COVERING THE NEWSSTAND FACILITIES AT CORPUS CHRISTI INTERNATIONAL AIRPORT, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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 voting Aye. ORDINANCE NO. 13569: DENYING THE MOTION FOR REHEARING FILED BY CENTRAL POWER AND LIGHT ON DECEMBER 20, 1976, SAID MOTION FILED IN ACCORDANCE WITH ARTICLE VIII, SECTION 7, OF THE CHARTER OF THE CITY OF CORPUS CHRISTI, TEXAS; 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 voting Aye. ORDINANCE NO. 13570: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS, ACTING BY AND THROUGH ITS STATE HIGHWAY AND PUBLIC TRANSPORTATION COMMISSION, CONCERNING THE CONSTRUCTION OF STREET IMPROVEMENTS ON KOSTORYZ ROAD FROM STATE HIGHWAY 358 TO HOLLY ROAD, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING $114,700 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-5, FOR THE CITY'S ESTIMATED SHARE OF THE CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; 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 voting Aye. ORDINANCE NO. 13571: AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH THE STATE OF TEXAS IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ON PORT AVENUE (METROPOLITAN HIGHWAY NO. 102) FROM BUFORD STREET TO STATE HIGHWAY NO. 286, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $244,900 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-16, FOR THE CITY'S ESTIMATED SHARE OF THE CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the followi" e: Luby, Tipton, de Ases, Gill, Gulley, Lozano and Sample voting Aye. Minutes Regular Council Meeting January 19, 1977 Page 9 ORDINANCE NO. 13572: AMENDING ORDINANCE NO. 13166, PASSED AND APPROVED MAY 5, 1976, PERTAINING TO THE FOLLOWING STREET: STARLITE LANE (MH 152) FROM LEOPARD STREET TO SUNNY DRIVE, PROJECT NO. MR035 (1), BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS FULLY HEREINAFTER SET OUT; 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 voting Aye. ORDINANCE NO. 13573: AMENDING ORDINANCE NO. 13165, PASSED AND APPROVED MAY 5, 1976, PERTAINING TO THE FOLLOWING STREETS: 1. NORTH STAPLES STREET (M.H. 144) FROM I.H. 37 TO WEST BROADWAY, PROJECT NO. MR016 (1) ; AND 2. WINNEBAGO STREET, FROM NORTH ALAMEDA STREET TO NORTH STAPLES STREET, PROJECT NO. MR016 (1), BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS, ALL AS HEREINAFTER PROVIDED; 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 voting Aye. ORDINANCE NO. 13574: AMENDING ORDINANCE N0. 13377, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 8, 1976, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREET: LEOPARD STREET - LOOP 407, FROM CARANCAHUA STREET TO WEST OF PALM DRIVE (FEDERAL AID PROJECT CONTROL 74.9) AS HEREINAFTER PROVIDED; 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 voting Aye. ORDINANCE NO. 13575: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH RICHARD CLOWER FOR APPRAISAL SERVICES IN CONNECTION WITH THE AZTEC STREET EXTENSION PROJECT, AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $750 OUT OF THE NO. 220 STREET BOND FUND FOR SAID SERVICES, APPLICABLE TO PROJECT NO. 220-72-42; 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 voting Aye. ORDINANCE NO. 13576: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH EDGAR H. MOORE AND JULE H. PELS, A PARTNERSHIP, DEVELOPERS OF CRESTMONT SUBDIVISION, UNIT 2, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPERS FOR ONE-HALF THE CONSTRUCTION COST OF STREET IMPROVEMENTS AROUND THE DEDICATED PARK IN CRESTMONT SUBDIVISION, UNIT 2, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $8,646.88 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S ESTIMATED SHARE OF COST APPLICABLE TO THE AFORESAID STREET IMPROVEMENT, APPLICABLE TO PROJECT N0. 220-72-38; 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 voting Aye. Minutes Regular Council Meeting January 19, 1977 Page 10 ORDINANCE NO. 13577: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN PARCEL OR TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING LIENHOLDERS OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF PARCELS 7-A AND 7-B, FOR THE KOSTORYZ ROAD - PADRE ISLAND DRIVE TO HOLLY ROAD STREET IMPROVEMENT PROJECT; DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE RECORD OWNER, GULF REAL ESTATE INCORPORATED, TO CARRY OUT THE INTENTIONS OF THE ORDINANCE; 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 voting Aye; Gulley voting Nay. ORDINANCE NO. 13578: AUTHORIZING THE CITY MANAGER, FOR THE CITY OF CORPUS CHRISTI AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, TO SUBMIT A CETA TITLE II GRANT MODIFICATION TO THE DEPARTMENT OF LABOR, TO EXTEND THE GRANT THROUGH SEPTEMBER 30, 1977, ADD NEW FY77 FUNDS IN THE AMOUNT OF $359,840, AND DEOBLIGATE FY76 SUPPLEMENTAL FUNDS, ALL AS MORE FULLY SET FORTH IN THE GRANT MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO SUBMIT ALL OTHER REQUIRED CETA TITLE II GRANT MODIFICATIONS, EXECUTE ALL NECESSARY AND RELATED CONTRACTS, CONTRACT MODIFICATIONS, AND DOCUMENTS IN THE IMPLEMENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID GRANT MODIFICATION; 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 voting Aye. ORDINANCE NO. 13579: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE II COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION TO EXTEND THE CONTRACT DATE FROM JANUARY 31, 1977 TO SEPTEMBER 30, 1977, THE TOTAL CONTRACT AMOUNT TO BE INCREASED FROM $1,780,956 TO $1,822,300, 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 SEPTEMBER 30, 1977; 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 voting Aye. ORDINANCE NO. 13580: AUTHORIZING THE CITY MANAGER TO SUBMIT A CETA TITLE VI GRANT APPLICATION WHICH WILL OBLIGATE FY 1976 SUPPLEMENTAL FUNDS DEOBLIGATED FROM THE TITLE II GRANT AND $1,307,251 FY 1977 FUNDS TO THE DEPARTMENT OF LABOR, EFFECTIVE JANUARY 1, 1977 THROUGH SEPTEMBER 30, 1977, AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A COPY OF WHICH IS ATTACHED HERETO MARKED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO SUBMIT ALL OTHER CETA TITLE VI GRANT MODIFICATIONS, EXECUTE ALL NECESSARY AND RELATED CONTRACTS, CONTRACT MODIFICATIONS AND DOCUMENTS REQUIRED IN THE IMPLE- MENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID GRANT; 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 voting Aye. Minutes Regular Council Meeting January 19, 1977 Page 11 ORDINANCE N0. 13581: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT FROM JANUARY 1, 1977 TO SEPTEMBER 30, 1977, IN THE AMOUNT OF $1,002,682, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, 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; 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 voting Aye. ORDINANCE NO. 13582: AUTHORIZING THE CITY MANAGER TO EXECUTE FOR THE CITY, AS THE ADMINISTRATIVE UNIT OF THE COASTAL BEND MANPOWER CONSORTIUM, A MODIFICATION TO THE CETA TITLE VI CONTRACT WITH MANPOWER ADMINISTRATION IN ORDER TO EXTEND THE CONTRACT THROUGH FEBRUARY 28, 1977 AND TO UTILIZE UNSPENT FUNDS DURING THE EXTENDED PERIOF OF THE CONTRACT, AS MORE FULLY SET FORTH IN THE MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AND RELATED CONTRACT MODIFICATIONS AND DOCUMENTS IN THE IMPLEMENTATION, CONTINUATION, AND ADMINISTRATION OF THE AFORESAID 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 voting Aye. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND SOUTHWEST AIRLINES CORPORATION, COVERING THE RENTAL OF SPACE AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND THE USE OF SAID AIRPORT, ALL AS MORE FULLY SET FORTH IN THE SAID LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". 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 voting Aye. City Secretary Read then left the meeting to catch a flight to an out-of-town conference, and Assistant City Secretary Pierce assumed his chair. City Manager Townsend announced the public hearing on Application 111176-12, M. J. Hot Mix Corporation, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District, on two tracts of land described as Tract A: 23.175 acres, and Tract B: 10.610 acres, both tracts out of Survey 416, Abstract 838, and Survey 421, Abstract 572, out of Shares 2 and 3 of the George Frank Partition. He stated that the Planning Commission recommends that the applica- tion be approved; but that the Planning Staff recommends multi -family zoning for Tract A in lieu of the requested "B-4", and denial of Tract B due to access problems. He added that three responses have been received in favor of the request. Minutes Regular Council Meeting January 19, 1977 Page 12 Chief Planner Wenger described the surrounding zoning and land uses. Mr. Freddie Seaquist, engineer for the owners, pointed out nearby B-4 zoning and read a list of adjacent developments and businesses. He charged that the meat processing company across Leopard Street makes the property undesirable for residences. He also read a list of subdivisions being built on the west side of town and maintained that some B-4 zoning is needed in the area to support them. There was no opposition from the audience. Motion by Gulley that the hearing be closed; seconded by de Ases and passed unanimously. Motion by Gulley that Application #1176-12, M. J. Hot Mix Corporation, be approved for B-4; seconded by de Ases and passed --with Gill and Sample voting Nay. Mayor Luby recessed the meeting briefly at 3:55 p.m. The meeting was resumed at 4:05 p.m. with Application #1276-2E, T. J. Dromgoole, for an exception to the screening fence requirement, on property described as being 200 feet along the northwest property line of Lot 1R, Woodlawn Annex #1, located on the south side of McArdle Road, approximately 260 feet west of Clare Drive. He reviewed that the recommendation of the Planning Commission is that it be approved; and that the Planning Staff recommends that in lieu of a waiver, a cash deposit be required whereby the fence would be constructed in the future if the need warrants. Chief Planner Wenger described the surrounding zoning and land uses. He replied to Councilmember Gulley that the required deposit for the fence would be $2,000. No one in the audience was in opposition to the request. Motion by Tipton that the hearing be closed; seconded by Sample and passed unanimously. Motion by Tipton that Application #1276-2E be approved; seconded by Sample and passed unanimously. City Manager Townsend next announced Application #1276-3, Hobart Cox, for change of zoning from "A-2" Apartment House District, "R -1B" One -family Dwelling District and "R-2" Multiple Dwelling District to "B-1" Neighborhood Business District, on property described as Lots 1 and 2, Block 1, Woodlawn Subdivision, located south of Up River Road, approximately 400 feet west of Old Robstown Road. He reported that the Planning Commission recommends that it be approved with a waiver of the Minutes Regular Council Meeting January 19, 1977 Page 13 standard screening fence requirement along the east and west property lines, but that it be required along the rear property line adjacent to existing residential uses; and that the Planning Staff recommends approval. He added that there were no responses from those who received notices about the public hearing. Chief Planner Wenger described the surrounding zoning and land uses. No one spoke in opposition to the request. Motion by Tipton that the hearing be closed; seconded by Sample and passed unanimously. Motion by Gulley to concur with the Planning Commission's recommendation; seconded by Gill and passed unanimously. City Manager Townsend next presented Application #1276-4, Southwestern Bell Telephone Company, for change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District, on property described as Lot B, Sunnybrook Addition #2 and Lot 1, Block 3, Southwood Addition, located on the west side of Kostoryz Road, south of Gollihar Road and north of Sunnybrook Drive. He stated that the recommendation of the Planning Commission is that it be approved with the exception of Lot 1, Block 3, Southwood Addition; and that the Planning Staff also recommends denial of Lot 1 with a screening fence required along abutting residential zoned properties. Chief Planner Wenger showed the surrounding zoning and land uses. Mr. Richard Atmore, architect representing Southwestern Bell, presented a sketch of the proposed expansion by Southwestern Bell and explained that the vacant lot would be used for additional employee parking. Motion by Gulley that the hearing be closed; seconded by de Ases and passed unanimously. Motion by Gulley to grant "B-1" zoning on Lot B with the waiver of the standard screening fence requirement along the south and west property lines of Lot B, Sunnybrook Addition #2; seconded by de Ases and passed unanimously. City Manager Townsend then presented the following ordinances: Minutes Regular Council Meeting January 19, 1977 Page 14 ORDINANCE NO. 13583: 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 M. J. HOT MIX CORPORATION BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A: 23.175 ACRES; AND TRACT B: 10.610 ACRES, BOTH OUT OF SURVEY 416, ABSTRACT 838, AND SURVEY 421, ABSTRACT 572, OUT OF SHARES 2 AND 3 OF THE GEORGE FRANK PARTITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, de Ases, Gulley and Lozano voting Aye; Gill and Sample voting No. ORDINANCE NO. 13584: 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 T. J. DROMGOOLE, FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT, LOCATED ON THE SOUTH SIDE OF MCARDLE ROAD, APPROXIMATELY 260 FEET WEST OF CLARE DRIVE, BEING 200 FEET ALONG THE NORTHWEST PROPERTY LINE OF LOT 1R, WOODLAWN ANNEX #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 voting Aye. ORDINANCE N0. 13585: 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 HOBART COX, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOT 2, BLOCK 1, WOODLAWN SUBDIVISION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT, "R-2" MULTIPLE DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT, WITH A WAIVER OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE EAST AND WEST PROPERTY LINES, BUT THAT IT BE REQUIRED ALONG THE REAR PROPERTY LINE ADJACENT TO EXISTING RESIDENTIAL USES; 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 voting Aye. City Manager Townsend next announced discussion of the pending item from the morning Workshop meeting, i.e. the provision of sanitary sewers Co Flour Bluff south of Tropic Isles. Mr. G. W. Perry, Jr., 146 Whiteley, presented a petition (#2-77) from 98 citizens in the extreme southern portion of Flour Bluff asking for immediate plans for a lift station in their area because of problems with their septic tanks • overflowing. He stated they have been annexed for 16 years, and feel like that is ample time for them to receive sewer service. Upon the request of Mr. Perry, City Manager Townsend read the petition in full. Minutes Regular Council Meeting January 19, 1977 Page 15 City Manager Townsend acknowledged that septic tanks do not function well in Flour Bluff and there is a real need for sewer service there, especially with the recent heavy rains. He reviewed that residents from the south side of the Tropic Isles boat channel presented a petition for sewer service last week, and agreed there is a definite need in both areas. He stated that there is not enough money from the 1972 bond election to connect sewer lines to all homes in both areas, explaining it would cost about $260,000 to build force mains at both locations --but the total project cost with laterals to all homes would be about $1,250,000. He reviewed that property owners are charged $2 per front foot for the laterals, while the actual cost to the City is about $10 per foot. Mr. Townsend distributed his memo on the subject, which stated approximately 5,000 existing structures in Corpus Christi have sewer lines extended to them but have not tied onto it. He proposed giving those owners 90 days in which to tie onto the line at the present $2 per front foot charge, and then increasing that charge to at least $5 per front foot for future connections. Mr. Townsend also advised the Council to consider denying any future plats for development in Flour Bluff until the sewer problem is resolved, stating that the sewer system there is already operating at its maximum capacity. He also distributed a list of major project allocations remaining in bond construction funds as of December 31, 1976, and reviewed the status of each project. He explained that a total of $265,000 of those and other available monies could be allocated for this work, and that amount would provide for installation of two lift stations and two force mains in Flour Bluff. He stressed that those items require the most construction time, and advised the Council to proceed with plans for same --even though there is presently no money for construction of the laterals. City Manager Townsend briefly discussed future funding possibilities for the laterals, but emphasized to the people in the audience that although the lift stations and force mains could be completed, they would not have sewer service until the laterals are extended to their homes --and he could not guarantee when that would be in view of the lack of monies. Minutes Regular Council Meeting January 19, 1977 Page 16 Mayor Luby suggested to the residents in the audience that they get property owners in the area to pledge to tie onto the sewer lines. City Manager Townsend clarified that full participation by the residents would establish the priority for laying the lines, but would not be sufficient money to pay for constructing the laterals. Mayor Luby recessed the meeting at 5:20 p.m. The Regular Council Meeting was resumed at 5:30 p.m. with petitions from the audience. Mr. Russell Williams addressed the Council that he lives on Washington and Dunbar Streets, and the City has improved some streets in that area recently but not his. He added there are deep ditches on each side of the street, which makes it dangerous for school children when it rains. City Manager Townsend replied that that project is in the Community Development Program which, if approved by HUD, would be under construction by the latter part of this year. Mr. Raymond Coleman said he lives in the Washington -Carver neighborhood and thought that area was supposed to be completed in the 1972 bond issue, but nothing was done until last year when a portion of the street was improved. City Manager Townsend responded that every street included in the 1972 bond issue has been paved or bids were taken this morning for a contract to do so. He assured Mr. Coleman that, if approved by HUD, all streets in that area as he showed on the map would be under construction by the end of this year. Mr. Joe Rusnak, 641 Sandy Oaks, complained of the trash and garbage situation at the Kennedy Causeway. He said there are no public trash barrels there; that the trash is piled high and blows around and the area is a mess. City Manager Townsend answered that the State Highway Department put the barrels there, but stopped servicing them and recently picked them up in order to reduce their maintenance budget. Mr. Rusnak said that the State sends trucks out to pick up seaweed in front of the boat ramps at the Causeway, and asked why they couldn't pick up the trash at the same time. Mr. Townsend responded that Mr. Bill Hennings, Director of Inspections and Operations, has been trying to work out an arrangement with the State Highway Minutes Regular Council Meeting January 19, 1977 Page 17 Department for garbage pickup for a long time. He continued that if the City sends a crew out to clean up the area now, they would have the responsibility from now on; and it is a long distance for City employees to travel to service only that area. He stated the Staff would make a report on the situation to the Council. The Council continued with a discussion of sanitation facilities in the area. City Manager Townsend stated that the public restroom at the Causeway has been closed for several years. Dr. Tipton inquired if Skid -O -Cans have been installed; City Manager Townsend replied no, and that there would be problems with servicing Skid -O -Cans as often as needed. Dr. Tipton stated he thought Skid -O -Cans would be better than no facilities at all. City Manager Townsend answered he would also report on that matter. Mr. Rusnak then showed pictures of big holes in the road on both sides of the bridge, saying they are deep enough to ruin a person's car.. He added they are losing tourist trade real fast, and believe the problems he has mentioned are part of the reasons why. City Manager Townsend promised that the Staff would immediately look at the roads and see what could be done. There being no further business, on Motion by Gulley, seconded by de Ases and passed unanimously, the Regular Council Meeting of January 19, 1977 was adjourned at 5:53 p.m. After which the Council resumed the Workshop Meeting and participated in discussions on housing programs in Corpus Christi and the housing component of the Community Development Program. Director of Neighborhood Improvement Programs, Mr. Wm. Thomas Utter, made the Staff presentation. On another matter, Councilmember Gulley asked that the record show that he was in full support of the Corpus Christi Tourist Bureau and its operations, which have recently been the subject of some criticism. Mayor Luby explained that he had requested a written report from the Tourist Bureau, which he had received but had not had time to read; and added that he could not condone "stealing" on the part of anyone. Under authority of Article 6252-17 2(e), the Council held a closed meeting to discuss pending litigation.