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HomeMy WebLinkAboutMinutes City Council - 11/30/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 30, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill **Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall in the temporary absence of Mayor Jason Luby, who was conducting official City business in his office. The Reverend Allen Collins of the First Lutheran Church gave the invoca- tion. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. *Mayor Luby arrived at the meeting at 2:08 p.m. Mayor Luby announced the issuance of a proclamation for "CIVIL AIR PATROL WEEK"- December 1-7, 1977. Mayor Luby announced a presentation by the Bayfest '77 Committee. Mrs. Susan Simpson, one of the four co-chairmen of the Committee, pre- sented the City of Corpus Christi with a check in the amount of $1,556.22, which represented l% of the gross receipts of Bayfest '77 festival. She also thanked the Council and City Manager Townsend for their support of this event. Mrs. Simpson expressed her appreciation to Mrs. Phyllis Burson, Director of Community Enrichment; Mr. Terry Dopson, Director of Park and Recreation; Mr. Tom Stewart, Director of Traffic and Transit; and Chief Bill Banner of the Police Department for their cooperation in this city-wide event. Mrs. Simpson then introduced Mrs. Susie Rucker and Mrs. Sylvia Foran who were also co-chairmen of Bayfest '77. Mayor Luby presented 30 -year pins to the following employees: EMPLOYEE DEPARTMENT POSITION Mr. Manuel Perez Wastewater Plant Operator Mr. Benito Ramirez Water Plant Helper Mr. Cayetano A. Martinez Aviation Gardener II Mr. Howard R. Hewlett Police Assistant Police Chief Mr. Claude Blackwell Police Sergeant MICROFILMED P03108A Minutes Regular Council Meeting November 30, 1977 Page 2 Mayor Luby announced appointments to Boards and Committees. City Manager Townsend stated that the only appointments discussed in the Workshop Meeting concerned the necessity to restate or reappoint members to the Nueces County Community Action Agency Board. Motion by Sample, seconded by Lozano and passed unanimously that the following be confirmed as representatives of the Mayor, Mayor Pro Tem and the Council Members listed: NUECES COUNTY COMMUNITY ACTION AGENCY BOARD Representatives Elected Officials Mr. Tam Basile Mr. Ernest Briones Mr. Tom Utter Mr. Archie Walker Dr. Antonio Perez Ms. Patricia King Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Member David Diaz Council Member Bob Gulley Council Member Gabe Lozano, Sr. Council Member Edward L. Sample Mayor Luby announced the public hearing on the proposed amendment to the Sanitary Sewer Master Plan. City Manager Townsend explained that it is proposed to amend the Sanitary Sewer Master Plan so that approximately 15 acres at the corner of McKinzie Lane and McKinzie Road can be served by a line along the Nueces River to the main to the Allison Treatment Plant; the property owners will construct the line connect- ing to the line along the river; and the property involved is a portion of the 47.939 acre tract recently annexed. Mr. Townsend located the area involved on the map and stated that the cost will be at the developer's expense; the staff sees no problem in moving this small area; the applicant plans to construct an apartment facility; and the staff recommends approval. No one spoke in opposition to the proposed amendment. Motion by de Ases that the hearing be closed, seconded by Gulley, and passed unanimously. Motion by Sample that this amendment to the Sanitary Sewer Master Plan be approved, seconded by Diaz, and passed unanimously. * Mayor Luby called for the presentation of the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: Minutes Regular Council Meeting November 30, 1977 Page 3 a. Recommendation that a public hearing be held at 3:30 p.m, during a Special Council Meeting on December 21, 1977 on the following zoning applications: (1) Gulf Gate, Inc.: "B-4" to "I-2", located on the north side of Leopard Street, approximately 327' east of Benys Road. (2) Mr. Guy D. Winstead: "B-1" to "B-4", located on the west side of Airline Road, approximately 250' south of Gollihar Road. (3) Mr. Ben Marks, et al: "A-1" to "A-2", located on the southeast corner of Corona Drive and Flynn Parkway, b. Recommendation that bids be received at 11:00 A.M., Tuesday, December 20, 1977 for 63 different items of sprinkler equipment. The quantity is based on one year's estimated quantity, including material needed to install an irrigation system at the Health Center. c. Recommendation that bids be received at 11:00 A.M., Tuesday, December 20, 1977 for the following equipment for the installation of the new•high service pump by the Water Division.at the Stevens Filter Plant: (1) one 24" swing -check valve (2) one 36" cast iron tee (3) one 36" by 24" cast iron reducer d. Recommendation that a 12 -month supply of bread (9,612 loaves) be purchased for the Elderly Nutrition Program from Rainbo Baking Company, Corpus Christi, .on the basis of low bid of $3,171.96. Bids were received from two firms. Price comparison reflects no increase or decrease over previous purchase, e. Recommendation that a 12 -month supply of milk (175,152 half pints of homogenized milk and 21,894 half pints of buttermilk) for the Elderly Nutrition Program be purchased from Valley Gold Inc., Victoria, on the basis of low bid of $20,322.17. Bids were received from two firms. Price comparison reflects a decrease of 2% from previous purchase. f. Recommendation that plans and specifications for runway surface treatment and restriping at International Airport be approved and bids be received on January 4, 1978. The project includes placing an asphalt emulsion and sand over Runway 13-31 (the east -west runway) to seal and reduce the surface aggregate loss experienced during the last two years. The' project will be financed from the $117,778 cash bonus received on the recent lease of minerals on the northeast portion of the Airport. Bids were to be received on November 16, 1977, but for a number of reasons contractors did not bid. It is recommended that the option be provided for a separate contract for sealing and striping so' that painting contractors can bid directly. g. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on December 14, 1977 on a request from Incarnate Word Academy to close Austin Street between Chamberlain and Angel Streets for the safety of the children attending their schools. h. Recommendation that the City tax roll adjustments for May 1 through July 31, 1977, resulting in a decrease of $3,532 for this year's levy and $6,766 for previous year's levies be approved. Decreases consist of a net of $1,643 in real property and $1,889 in personal property levies; principal of which were decrease of $1,013 for properties of 19 taxpayers whose homestead exemptions were approved, decrease of $225 for eight disabled veterans, and decrease of $427 for three properties owned by exempt public agencies. Adjustments to the Water District tax levy total $24 for prior years. Minutes Regular Council Meeting November 30, 1977 Page 4 i. Recommendation the City advise the Texas Employment Commission that it will be a reimbursing employer under the provisions of the Texas Unemployment Compensation Act. As a reimbursing employer the City will be responsible for actual payments to ex-employees. If an insured employer, the City will pay 1% of the first $6,000 of each employee's salary. Recommendation that the plans and specifications for modifications of the air conditioning system of the Police Building be approved and bids be received December 20, 1977. The budgeted work includes installation of one large replacement air handling unit and installation of suspended air handlers in the coffee room and in the police training area. k. Recommendation that plans and specifications for renovation to the Meadow Park Annex be approved and bids be received on December 20, 1977. The project provides remodeling of restrooms, air conditioning the building, installing new flooring, installing aluminum windows and new exterior vinyl siding, and other interior and exterior improvements. The project is the only remaining project from the first year Community Development Block Grant. Funds are available from the balance in the first year grant and available funds from completed second year grant projects. 1. Recommendation that a supplemental grant amendment be submitted for $26,320 to the Governor's Committee on Aging for the Title VII Elderly Nutrition Program to continue the program in Kingsville. The funds will provide approximately 53 meals daily from December 1, 1977 through November 30, 1978. No City funds are involved. m. Recommendation that a contract be approved with the City of Kingsville for administration of an Elderly Nutrition Prbgram. The Governor's Committee on Aging has allocated $26,320 for this program from December 1, 1977 through November 30, 1978. Kingsville will in turn sub -contract with the Community Action Corporation of South Texas for implementation of the program. n. Recommendation that a change order for the auditorium be approved for $2,869 to provide for installation of additional blocks and cables for the support of the electrical feeder cable for the light pipes in the loft of the auditorium. The original recommendation of cable reels which would have cost approximately $33,000 was deleted when the original contract was awarded. o. Recommendation that a grant application be submitted to the Bureau of Outdoor Recreation through the Texas Parks and Wildlife Department for assistance in expanding MEE Tennis Center. The project cost will be $336,000. shared on a 50/50 basis. The local share is available from the 1977 bond election. The proposed expansion includes construction of 8 courts with night lighting, walks, barrier screen plantings, parking, entry sign and site improvements. P• Recommendation that the contract with U. S. Equal Employment Opportunity Commission be renewed for $35,179 for eleven months (December 1, 1977 thru October 31, 1978). The present contract (March 1, 1977 and expires November 30) provides $28,512 to support a secretary and two Administrative Assistants to investigate charges of employment discrimination. The present contract called for investigation of 60 charges. The renewal will require "best effort" in resolving 150 anticipated charges. q. Recommendation that an additional $13,498.66 be paid to the common fund of South Texas Cities for expenses incurred by legal counsel in the Central Power and Light Company rate increase litigation. This amount is based on 6.6C per capita levied on each of the par- ticipating cities in all stages of the litigation and should be all of the expenditures for the cases through the Texas Supreme Court. runutes Regular Council Meeting November 30, 1977 Page 5 r. Recommendation that the contract award for Auditorium lighting, made November 23, 1977 to Pran Lighting International for $234,280, be modified to reflect a contract award to Pran International for $72,000 for lights and the moni- tor/page recall system and a contract for $162,280 to Strand Century, Inc., for dimmers, additional dimmer channels and additional dimmer modules. The appropriation of $255,000 in Ordinance 14051 is still correct. s. Recommendation that the Corpus Christi Beach Drainage project be awarded to Heldenfels Brothers for $306,707.60. The award is based on deletion of the outfall to the west and changing pipe sizes of the south outfall from Coastal Avenue to Surfside Boulevard to accommodate the drainage of all the area to the ship channel from Timon to the Bay. The modifications have been discussed with both contractors and they agree on the method of award. The project is funded from 2nd Year Community Development funds. An appropria- tion of $330,000 is requested, including engineering, laboratory tests and related expenses. t. Recommendation that a change order be approved authorizing the contractor to provide two coats of floor sealer to the exposed concrete floor areas of the Auditorium not to exceed $5,659. The exposed areas are under the seats and the sealer would provide a lasting texture to the concrete and would make the area easier to clean and maintain. An appropriation of $5,659 is requested. In regard to Item "i" concerning the Texas Unemployment Compensation Act, City Manager Townsend stated that the law on this goes into effect January 1, 1978. He also informed the Council that the Texas Municipal League has an agreement with a firm to keep up with the paper work involving unemployment insurance; however, this is not recommended for the City at this time for participation. In connection with Items "1" and "m", City Manager Townsend then pre- sented memorandums in regard to the Title VII Elderly Nutrition Program from the State. Mr. Townsend stated that it is hoped that this service can be increased, and the budget balance will enable the program to provide better quality of food. Council Member Gulley questioned the necessity for the City to conduct the program in Kingsville and suggested that this program be delegated to the City of Kingsville or to Kleberg County. City Manager Townsend explained that the City staff has been attempting to do this, but the State has not recognized the City of Kingsville or Kleberg County as a separate program; therefore, the problem is that either Corpus Christi agrees to be the intermediary for this program or their program is terminated. Mayor Luby stated that Corpus Christi is looked upon as the "Father City", and this is to help the citizens in Kingsville who are in need. In reference to Item "n" concerning a change order for the Auditorium, Minutes ?Regular Council Meeting November 30, 1977 :Page 6 City Manager Townsend informed the Council that there will be a number of change orders for this project over the next few months. In regard to Item "o", City Manager Townsend stated that this recommenda- tion is to authorize a permanent application to the Bureau of Outdoor Recreation as soon as the City funds have been approved. Council Member Diaz inquired if this will delay construction of the project. City Manager Townsend informed him that this agency's record for quickly 'providing funds is very good, and there should be no problem since the City already has tentative approval of this grant. City Manager Townsend referred to Item "s" which recommends contract award on Corpus Christi Beach Drainage, Contract II, and stated that there has been a lot of discussion about this project. He reminded the Council that the bids which mere received two weeks ago produced a low bid on taking the drainage to the ship channel and taking the drainage over to the Rincon Channel, with an alternate bid to take the drainage down Pearl Street. Mr. Townsend stated that even the low bid exceeded the amount allocated from Community Development funds. He also stated that there is no really good solution for drainage for a long, flat area such as this since the drainage will have to function under water; therefore, the staff recommends that the City consider some of the earlier plans and delete the storm sewer line that would serve the area from Timon Boulevard toNueces Bay.'Mr..Townsend also explained that the staff has resized the pipe involved and feels that the best solution -would be to extend this and delete the drainage to the Rincon Channel. He stated that the staff feels that the drainage would be better if it is routed down Pearl Street, but there is not that much difference in the efficiency of the system. Nr. Townsend assured the Council that this modification to the specifica- tions has been discussed with both of the construction companies who submitted bids, and the high bidder is agreeable to the award of contract to the low bidder on this revised basis. Council Member Gulley stated that he would like to commend the staff for working out a very difficult problem. Minutes Regular Council Meeting November 30, 1977 Page 7 Mayor Luby stated that he would like to compliment Mr. James K. Lontos, Director of Engineering and Physical Development, for his diligent work on the Corpus Christi Beach Drainage project. Council Member Gulley referred to Items "d" and "e", which recommended the purchase of bread and milk, and inquired as to what percentage of that is local money. City Manager Townsend replied that 10% is the local contribution. To Council Member Gill's question about the City's allowance for mileage, City Manager Townsend informed her that the City pays $.15 per mile. There was no further discussion on the City Manager's Reports by the Council or members of the audience. Motion by Diaz that the City Manager's Reports, Items "a" through "t" be accepted as presented; seconded by Lozano; and passed unanimously. Mayor Luby announced the tabled application No. 1077-1, Koinonia Homes, Inc., for change of zoning from "R -1B", One -Family Dwelling District, to "R-2", Multiple Dwelling District, on a tract of land out of Lots 1 and 2, First Baptist Church tracts, and a portion of Lot 19, Beekman Place Annex, located at the rear of the First Baptist Church on Ocean Drive. Motion by Sample that this item be removed from the table, seconded by Lozano, and passed unanimously. City Manager Townsend reminded the Council that this application was heard last week; the public hearing was closed; and the Council tabled the item in order to obtain an opinion from the City Attorney in regard to the procedure followed by the Planning Commission in approving the revised site plan. Mr. Townsend presented to the Council copies of the report on this prepared by City Attorney Aycock. Mr. Aycock.addressed the Council and stated that Mr. Jorge Rangel, Attor- ney; for ttor-ney;for the opponents of this application, had indicated that there was a lack of due process and a failure to follow the regulations set out in Article 25 of the Corpus Christi Zoning Ordinance, pertaining to Special Permit Regulations, 1 Minutes Regular Council Meeting November 30, 1977 Page 8 in that the site plan for this proposed project was approved on October 25, 1977 by the Planning Commission without the presence of the opponents. Mr. Aycock stated that after examining the case law and the minutes of the proceedings of the Planning Commission, he contended that there was substantial compliance with the regulations; all of the information was before the Commission during the hear- ing of October 11, 1977, with the exception that the precise detail was not on the site plan in regard to the configuration; the main difference was the parking spaces in the rear of the proposed building. Mayor Luby inquired if there were two different site plans, and City Attorney Aycock stated that in his opinion, they represented the same site plan, but the one approved just contained more detail. City Manager Townsend stated that the 20% rule is in effect on this appli- cation because of the opposition expressed, and 6 affirmative votes will be required to approve the zoning or the Special Permit. Motion by Gulley that the Council accept the recommendation of the Plan- ning Commission that a Special Permit be approved for 51 units for housing for the elderly; seconded by Sample. Council Member Gill inquired if there had been any adjustment between the fence line at the rear of the adjacent property and the parking area and stated that she would like to see that there is landscaping at the rear of the complex. City Manager Townsend pointed out that the matter of the site plan is before the Council, and the Council may impose any conditions on this that they wish to. Council Member Lozano stated that the property owners were concerned about the lights flashing also from the use of vehicles in the parking area, but pointed out that the elderly would be driving very little at night. He also expressed the opinion that there seems to be ample space for turning into the parking spaces so that the adjacent property owners' fences would not be damaged. Minutes Regular Council Meeting November 30, 1977 Page 9 City Manager Townsend interjected at this point that although the hearing has been officially closed, it would be proper for the Council to inquire of the architect or the attorneys a specific question. Council Member Gill inquired of Mr. Johnny Cotten, the Architect for the project, if they had considered altering the plans for the parking spaces. Mr. Cotten stated that they would like to move the parking spaces an additional 2 feet from the fences, which would place the parking area 4 feet from the property owners' fences. It was the consensus of the Council that this be increased to a total of 4 feet between the fence and the parking spaces. Council Member Gill expressed concern about the sewer system in the entire neighborhood and asked for comments from the staff to the effect that this added load on the sewer system will not cause the sewers in other areas to back up. City Manager Townsend stated that the sewer system on Santa Fe should not be affected by this development and asked Mr. Douglas Matthews, Director of Public Utilities, to explain. Mr. Matthews explained the sewer system in that part of town and sum- marized that the construction of this apartment complex will not affect the system, but that the existing problem will not be relieved until the Oso Waste- water Treatment Plant is completed and the pumping capacity is improved. Mayor Pro Tem de Ases inquired of City Attorney Aycock about his recom- mendation about the procedures that were taken before the Planning Commission on this case. 'City Attorney Aycock stated that the regulation indicates that the Plan- ning Commission is supposed to make their recommendation based on the evidence that is presented, and he feels that in the future, it would be better to recess the hearing and notify the parties involved when a site plan is recommended for changes, and stated that possibly the ordinance should be amended. Mayor Luby called for the vote on Council Member Gulley's motion, and it passed unanimously. Minutes Regular Council Meeting November 30, 1977 Page 10 Council Member Gulley requested that the ordinance on this application be considered at this time. City Secretary Read polled the Council for their votes, and the following ordinance was approved: ORDINANCE NO. 14054: 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 KOINONIA HOMES, INC., BY GRANTING A SPECIAL PERMIT FOR 51 UNITS FOR HOUSING FOR THE ELDERLY, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUBJECT TO THE CONDITIONS HEREINAFTER SET FORTH ON A PORTION OF LAND OUT OF LOTS 1 AND 2, FIRST BAPTIST CHURCH TRACTS, AND A PORTION OF LOT 19, BEEKMAN PLACE ANNEX, 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 CON- FLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". * * * * * * Mayor Luby declared the Regular Council Meeting to be recessed at 3:40 in order for the Council to conduct the Special Council Meeting scheduled for 3:30 p.m. on public hearings on zoning applications. * * * * * * Mayor Luby reconvened the Regular Meeting at 4:33 p.m. **Council Member Gulley was absent during the remainder of the meeting. Mayor Luby called for the presentation of the ordinances. City Manager Townsend briefly explained the ordinances to be considered. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING THE PRESENT PROVISIONS UNDER LEOPARD STREET (S.H.9), AND IN LIEU THEREOF ADOPTING NEW PROVISIONS FOR SPEED LIMITS ON LEOPARD STREET AS HEREINAFTER PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 35-272 SO AS TO ELIMINATE THE CLUSTER REQUIREMENT FOR THE DRILLING OF WELLS WITH A SURFACE LOCATION ON HOGG ISLAND, SUCH SURFACE LOCATION TO BE NOT LESS THAN 100 FEET FROM THE SHORELINE OF THE ISLAND; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. - Minutes • Regular Council Meeting November 30, 1977 Page 11 THIRD READING - ORDINANCE NO. 14055: AUTHORIZING A ONE-YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL SEAMEN'S CENTER, INC. FORA PORTION OF TAE PARK AND RECREATION BUILDING, ALL AS MORE FULLY SET FORTH IN THE 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. THIRD READING - ORDINANCE NO. 14056: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY DELETING THE FOLLOWING STREETS: (1) COOPER STREET, NORTH SIDE, BETWEEN WATER AND MESQUITE STREETS, AND (2) KENNEDY STREET, NORTH SIDE, BETWEEN SOUTH UPPER BROADWAY AND TANCAHUA STREET, AND BY ADDING THERETO AN ITEM, COOPERS ALLEY, WHICH WILL PROHIBIT PARKING AT ALL. TIMES ON BOTH SIDES OF COOPERS ALLEY, FROM NORTH TANCAHUA STREET TO WATER STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14057: ANNEXING THAT PORTION OF McKINZIE LANE RIGHT OF WAY, BEING THE SOUTHEAST CORNER OF TRACT "A", NUECES VIEW TRACTS, AS RECORDED IN VOL. 28, PAGE 64, MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER ARTICLE 1, SECTION 2(c), PROVIDING FOR THE ANNEXATION TO TRE CITY OF CORPUS CHRISTI OF ROADS, HIGHWAYS, AND STREETS ADJACENT AND CONTIGUOUS TO THE CITY OF CORPUS CHRISTI; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14058: AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT FORA SUPPLEMENTAL GRANT TO THE GOVERNOR'S COMMITTEE ON AGING FOR THE TITLE VII ELDERLY NUTRITION PROGRAM PROVIDING FOR AN INCREASE IN FUNDS OF $26,320, SAID ADDITIONAL SUMS TO BE USED FOR CONTINUING THE NUTRITION PROGRAM IN THE CITY OF KINGSVILLE, TEXAS, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS IN ORDER TO CONTINUE THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14059: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CITY OF KINGSVILLE, TEXAS, FOR THE CONTINUATION AND ADMINISTRATION OF AN ELDERLY NUTRITION PROGRAM IN CONNECTION WITH A GRANT FRMS THE OFFICE OF THE GOVERNOR'S COMMITTEE ON AGING UNDER TITLE VII OF THE FEDERAL OLDER AMERICANS ACT OF 1965 AS AMENDED, ALL AS MORE FULLY SET FORTH IN THE CONTRACT IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AND AUTHORIZING THE EXECUTION OF ALL OTHER DOCUMENTS AS MAY BE NECESSARY IN THE CONTINUATION OF THIS PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting November 30, 1977 Page 12 ORDINANCE NO. 14060: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 17, IN THE AMOUNT OF $2,869, TO THE CONTRACT WITH LANPHIER CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE CORPUS CHRISTI COMMUNITY AUDITORIUM, A SUBSTANTIAL COPY OF SAID CHANGE ORDER BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $2,869, OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND, APPLICABLE TO PROJECT NO. 209-76-7, AUDITORIUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14061: AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE BUREAU OF OUTDOOR RECREATION THROUGH THE TEXAS PARKS & WILDLIFE COMMISSION TO EXPAND H.E.B. TENNIS CENTER FOR PUBLIC OUTDOOR RECREATION PURPOSES; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE, DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT, AND DESIGNATING THE FINANCE DIRECTOR AS FISCAL OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14062: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE UNITED STATES EQUAL EMPLOYMENT OPPORTUNITY COMMISSION FOR $35,179 TO INVESTIGATE CHARGES OF EMPLOYMENT DISCRIMINATION, ALL AS MORE FULLY SET FORTH IN SUBSTANTIALLY THE SAME FORM ATTACHED HERETO, MARRED EXHIBIT "A" AND MADE A PART HEREOF; AUTHORIZING THE EXECUTION OF ALL OTHER DOCUMENTS AS MAY BE NECESSARY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14063: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE SECOND PHASE OF THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CORPUS CHRISTI BEACH; APPROPRIATING $330,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS, OF WHICH $306,707.60 IS FOR THE CONSTRUCTION CONTRACT AND $23,292.40 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14064: AMENDING ORDINANCE NO. 14051, PASSED AND APPROVED BY THE CITY COUNCIL ON NOVEMBER 23, 1977, AWARDING A CONTRACT TO PRAN LIGHTING INTERNATIONAL FOR LIGHTING AND DIMMING EQUIPMENT FOR THE CORPUS CHRISTI COMMUNITY AUDITORIUM, BY CANCELLING THIS AWARD AND IN LIEU THEREOF, AWARDING TWO CONTRACTS, ONE TO PRAN LIGHTING INTERNATIONAL FOR $72,000 TO INCLUDE LIGHTS AND THE MONITOR/PAGE RECALL SYSTEM, AND A CONTRACT TO STRAND -CENTURY, INC., FOR DIMMING EQUIPMENT FOR $162,280; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACTS WITH THE TWO COMPANIES AFORESAID; RFAPPROPRIATING $255,000 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 14051, OF WHICH $14,056.80 IS FOR ARCHITECTS' FEES AND $6,663.20 IS FOR INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE TO PROJECT NO. 209-76-7, AUDITORIUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. Minutes Regular Council Meeting November 30, 1977 Page 13 ORDINANCE NO. 14065: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 20, IN THE AMOUNT OF $5,659, TO THE CONTRACT WITH LANPHIER CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE CORPUS CHRISTI COMMUNITY AUDITORIUM, A SUBSTANTIAL COPY OF SAID CHANGE ORDER BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $5,659 OUT OF THE NO. 209 COMMUNITY CONVENTION FACILITY BOND FUND, APPLICABLE TO PROJECT NO. 209-76-7, AUDITORIUM IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. ORDINANCE NO. 14066: 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 TIM CLOWER FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE ALONG THE EAST SIDE OF LOT 52, BLOCK 1, GREENWAY GARDENS NO. 2, WITH THE EXCEPTION OF THAT PORTION AT THE REAR OF LOT 1, BLOCK 1, GREENWAY GARDENS; -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, de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Gulley, absent. * * * * * * Mayor Luby called for petitions and comments from members of the audience. Mr. Clifford Cosgrove, 3302 Olsen, again complained about the condition of the Horne Road sewer and asked for immediate action, suggesting that a bond election be called immediately to alleviate the problem. He stated that the odor is terrible. City Manager Townsend assured Mr. Cosgrove that the contract has already been let on the portion from Ayers to Greengrove and the contractor on the project must have employees working there by December 8, 1977. Council Member Gill inquired if there are more leaks at this time. City Manager Townsend stated that he had inspected the area over the weekend and was not aware of any further excessive odor but explained that the odor is caused by the fact that sewage is dropped into the manhole. He expressed the opinion if there is an increase in the odor in the area, this might have been caused by the change of direction of the wind from south to north. Mr. Cosgrove suggested that a burning process be considered to alleviate the odor. City Manager Townsend stated that he would investigate this possibility. Minutes Regular Council Meeting November 30, 1977 Page 14 Council Member Gill asked for a report in two weeks as to whether or not the odor can be eliminated by some process. City Manager Townsend stated this may be a complex problem but that he will investigate the matter. Mayor Pro Tem de Ases assured Mr. Cosgrove that work will be started on the Horne Road Sewer on December 8, and the City staff will work on a solution to the odor problem and will have a report in two weeks. Mr. James K. Lontos, Director of Engineering and Physical Development, informed the Council that it will take approximately six months for completion of the project. City Manager Townsend informed the Council that he had read the packet of material prepared in connection with the National League of Cities meeting and presented the Council with a memorandum containing a summary of the items proposed to be acted on. Also in connection with the same meeting, City Manager Townsend stated that the Corpus Christi State University will have a booth at this conference demonstrating the Oil Spill Training Program and suggested that the members of the Council visit the booth. Council Member Lozano pointed out that the City's oil spill program is recognized nationally. * * * * * * City Manager Townsend referred to the proposed water service to Port Aransas from Padre Island; stated that Mr. Douglas Matthews has made a good summary of the situation; and this matter will be on the agenda on December 14. There being no further business to come before the Council, on motion by de Ases, seconded by Sample, and passed unanimously, the meeting was adjourned at 4:56 p.m. November 30, 1977. FOR ) AGAINST FOR ) AGAINST ) FOR ) AGAINST FOR ) AGAINST ) FOR ) ) AGAINST ) FOR AGAINST .) FOR ) ) AGAINST PROPOSITION NO. 3 THE ISSUANCE OF BONDS IN THE SUM OF $100,000 FOR THE PURPOSE OF BUYING BUSES TO OPERATE CITY PUBLIC BUS TRANSPORTATION SYSTEM, CONSTRUCTING BUS -STOP SHELTERS AND IMPROVING MAINTENANCE FACILITIES FOR SAID SYSTEM. PROPOSITION NO. 4 THE ISSUANCE OF PARKS AND RECREATION BONDS IN THE SUM OF $4,310,000 FOR THE PURPOSE OF IMPROVING LANDS FOR PARK AND RECREATION FACILITIES, INCLUDING COLE PARK, CORPUS CHRISTI BEACH AND BAYFRONT PARKS, VARIOUS' NEIGHBORHOOD PARKS; MARINA IMPROVEMENTS; PARK MAINTE- NANCE FACILITIES; TENNIS COURTS AND LIGHTING; KENNEDY CAUSEWAY FACILITIES; SOFTBALL FIELDS,•AND OTHER PARK IMPROVEMENTS: PROPOSITION NO. 5 THE ISSUANCE OF PUBLIC BUILDINGS BONDS IN THE SUM OF $1,690,000 FOR THE PURPOSE OF CONSTRUCTING COLISEUM AND MUSEUM IMPROVEMENTS, MULTI -CULTURAL CENTER IN EXISTING BAYFRONT SCIENCE PARK, AND LIBRARY IN NORTHWEST AREA OF CITY. PROPOSITION NO. 6A THE ISSUANCE OF PUBLIC SAFETY BONDS IN THE SUM OF $915,000 FOR THE PURPOSE OF EXPANDING THE POLICE BUILDING FACILITY, FIRE TRAINING BUILDING, ANIMAL SHELTER IMPROVEMENTS AND RELATED PERMANENT IMPROVEMENTS. PROPOSITION NO. 6B THE ISSUANCE OF PUBLIC SAFETY CERTIFICATES OF OBLIGATION IN THE SUM OF $950,000 FOR THE PURPOSE OF PURCHASING. LADDER AND PUMPER FIRE TRUCK AND LIFE-SUPPORT COMMUNICA- TION EQUIPMENT. PROPOSITION NO. 7 THE ISSUANCE OF STORM SEWER BONDS IN THE SUM OF $3,000,000 FOR THE PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS, INCLUDING EXTENSION OF STORM SEWERS IN LINCOLN TERRACE, CABANISS ACRES•, FLOUR BLUFF AND ANNAVILLE AREAS; DOWNTOWN LATERALS AND PUMP ENGINE REPLACEMENTS, AND OTHER STORM SEWER IMPROVEMENTS. PROPOSITION NO. 8 THE ISSUANCE OF STREET IMPROVEMENT BONDS IN THE SUM OF $9,425,000 FOR THE PURPOSE OF IMPROVING THE STREETS OF THE CITY, INCLUDING VARIOUS NEIGHBORHOOD STREETS, PORT AVENUE FROM AGNES TO BUFORD AND SH 286 TO AYERS; CARROLL LANE FROM STAPLES TO GOLLIHAR AND PADRE ISLAND DRIVE TO TIGER LANE; EVERHART ROAD FROM PADRE ISLAND DRIVE TO STAPLES; HORNE ROAD FROM COLUMBIA TO OLD BROWNSVILLE ROAD; NUECES BAY BOULEVARD FROM IH 37 TO BROADWAY; AIRPORT ROAD FROM MORGAN TO AGNES; McARDLE ROAD FROM AYERS TO CARROLL LANE; SARATOGA FROM STAPLES TO WEBER; BALDWIN BOULEVARD FROM HIGHWAY 44 TO HIGHWAY 9, AND OTHER STREET IMPROVEMENTS. Motion carried by following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay". Dated October 5,1977