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HomeMy WebLinkAboutMinutes City Council - 01/08/1975-47 MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING January 8, 1975 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem James T. Acuff Commissioners: Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. Hall. City Manager R. Marvin Townsend Exec. Asst. City Attorney Michael May City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of the City The Invocation was given by Major Robert Bagley of the Salvation Army. City Secretary Bill G. Read called the roll of those in attendance. Motion by Acuff, seconded 6y Lozano and passed, that the absence of Commissioner Stark be excused for just cause. Motion by Acuff, seconded by Branch and passed, that the Minutes of the Regular Council Meeting of December 18, 1974, and of the Special Council Meeting December 18, 1974 be approved as presented to the Council. Mayor Luby proclaimed the year 1975 as WOMEN'S YEAR in the City of Corpus Christi, and stated the proclamation had been issued in his office immediately prior to this meeting. It was unanimously agreed by the Council that from this date hence, all bids on construction projects$?5 and over be advertised to be opened on Wednesdays at 4:00 p.m. in the Council Chamber, and all under$259be opened the same as purchasing items. Mayor Luby announced the opening of bids. City Manager Townsend suggested that Item "d" of the four scheduled bid openings appearing on the agenda, relative to McGee Beach Improvements, be considered first in view of a controversy focused on whether or not the proposed pier and combination concession stand and restroom facility should be submitted for bids at the higher "building -trades" minimum wage scale or the lower "highway -heavy" wage rate scale. He explained that the improvements consisted of an elevated lighted walkway connection from the existing seawall to the breakwater in front of Memorial Coliseum, lighting approximately 1,800' of existing breakwater, repair to portions of the existing walkway on the breakwater, a concession stand, public restrooms, an elevated's observation area and a fish cleaning facility. He stated that originally the plans and specifications Minutes Regular Council Meeting January 8, 1975 Page 2 authorizing receipt of bids included the "building -trades" minimum wage rate schedule, and after it was pointed out by one of the contractors that the work would more appropriately fall in the "highway -heavy" wage scale category, the matter was discussed with the architect on the project and the City Engineering staff and the conclusion was that the "highway -heavy" scale was more proper, and an addendum was sent out to the contractors reflecting this lower pay level. Before the bids are opened, Mr. Townsend asked for guidance from the Council, and comments from those contractors in the audience wishing to state their views. He pointed out alternatives, to open the bids and accept the wage rate scale as advertised, or not to open the bids and readvertise accord- ing to the wage schedule specified. Mr. Paul Roberts, President of the Iron Workers Building and Trades Union, stated they take the position that the higher "building -trades" wage rate should be applicable to the entire project because the building is intended to be used to shelter people, and people will be using the pier at all times. Mr. Lynn Tate, Manager of Local 278 of the International Brotherhood of Electrical Workers, spoke in opposition to the "highway -heavy" wage schedule on this project, stating the City's Engineering staff had taken an "unreasonable stand" and it was improper for Heldenfels Brothers to protest and effect a change in the original "building -trades" minimum wage scale. He stated they are opposed to a move of this kind and requested that the bids received not be opened but tabled for a resolution of the controversy. He pointed out that the Department of Labor is not concerned nor would it be involved, but stated that the Department of Labor had used the standard for some time that buildings that serve to house people are in the category of the construction wage rate. Mr. H. H. McCool, representative of the Operating Engineers, protested that the wage rate was changed in the bid specifications dfter they were published, that the lower rate schedule would perpetuate poverty in the City rather than economy, and requested that this construction project be placed in its proper classification which is the "building -trades" wage rate. He stated the lower rate would exclude a sizeable portion of the prospective contractors. Mr. Tony Heldenfels, Jr. contended that the "highway -heavy" wage rate schedule was 'the proper classification for the subject construction project, pointing out that piers and levies were among the items specifically excluded from the American General Contractor's definition of "building -trades" work. nutes Regular 'Council Meeting January 8, 1975 Page 3 Mr. Heldenfels explained that his firm is not a union, but an "open shop" contractor, do not do any building work whatsoever, but feel heavy construction industry wage rate is a standard rate for this type of construction. He pointed out that Cole Park was•( under the heavy construction rates. City Manager Townsend stated there is no federal money involved in this project; that the law says the prevailing rate must be applied, and it is solely a local decision as to what is the prevailing rate. He noted that only 22 percent of the entire project was represented by the concession -restroom building, and that in the past, wage scales for City projects have been set according to the majority of the work needed, and since 78 percent of the work was of the "highway -heavy" type, the City based the bids on that wage scale. Mr. Phil Dudley, 433 Delaine, stated the City staff has a problem because it has deviated from what is normally a cut and dried situation; that if the project were federally funded, the decision would be made for the Council and staff. He stated that the U.S. Department of Labor has been consulted for an opinion and they gave the opinion that the City staff had made the proper decision in classifying this as a "highway -heavy" type project, and further, the burden is on the City Engineering Department to determine what the majority of the work to be performed would be and the money to be spent. He inquired if the City is going to continue the previously established policy using the type of work theory, or change the policy based on percentages involved. Mr. James Lontos, Director of Engineering and Physical Development, explained the factors his staff used in making the determination of the wage rate, stating the original error was made by the architects drawing the contract specifications and maintained that the majority of the work falls in the "highway -heavy" category. He pointed out that his staff rely very h�eavJIro the opinion of the Association of General Contractors as well as records of minimum wage scales in making a determination of whether or not it is "highway -heavy" or the "building -trades" classification. He stated he also relies ven/h`, '1& the opinion of the Department of Labor, and that the Department of Labor in Dallas was consulted. Minutes Regular Council Meeting January 8, 1975 Page 4 Mr. James Bright, architect for the project, explained that the Magee Beach project is entirely supported on pilings, and it would be difficult to determine the exact point of construction where the wage scales should change. He stated that according to his calculations the breakdown in the two classifications would be 78 percent utilities, 22 percent actual building construction, it cannot be very well separated, the decision was not to discriminate against anyone, and he did not believe there were any irresponsible actions on the part of anyone. Mr. George Isaac, 518 Brawner Parkway, spoke representing the Plumbers Union No. 185, protested that the bid specifications were changed after the project was advertised, and questioned the authority of one contractor to dictate to the staff or the Council. It was the general concensus of the Council that it is not fair to issue a change order after a project is advertised but should have been done before. Motion by Acuff, seconded by Ricardo Gonzalez and passed, with Luby voting "Nay", that the opening of bids for the McGee Beach Improvements be postponed for three weeks, the bids be returned to the contractors unopened, and the project be readvertised and divided into two wage scales, with work on the pier, pilings and foundation, done at the lower scale and the building above the floor level be done at the higher rate. City Manager Townsend commented that work done in this manner will add to the cost of the project by increasing supervision personnel and will cause some confusion. Mr. Lontos returned the unopened bide to the contractors who were present in the audience. Mr. Lontos opened and read bids on the Satellite Health Clinic on Williams Drive near Gulfway-Airline Park. The proposed building contains approximately 2,130 square feet and 18 parking spaces and is designed to provide services such as immunization, family planning, well child and maternity clinics, tuberculosis control and other community health services. Additive alternates include landscaping and construction of the standard screening fence. The alternates must be bid by the contractor. Bids were opened and read from the following firms: Hunt Building Company; Tanner H. Freeman, General Contractor; L & L Construction Company; J. H. Chapman Construction Company; Rome Construction Company; Bobby Braselton, General Contractor; Garcia Brothers; and E. J. Netek Construction Company. Minutes Regular Council Meeting January 8, 1975 Page 5 Mr. Lontos opened and read bids for strengthening the commercial concrete apron at Corpus Christi International Airport. The plans include sealing joints, repairing small concrete areas, pumping grout under slabs to fill voids and elevating certain slabs to original grade. Possible replacement of slabs which cannot be elevated is also provided. Bids were opened and read from the following firms: W. E. Rackley Mud Jack Service; Townsco Contracting Company, Inc.; and Ed Dixon Construction Company. Mr. Lontos opened and read bids for restriping both runway centerlines, threshold markers, touchdown bars and some marking numbers at Corpus Christi Inter- national Airport. He explained that normally, only one runway is striped per year, but both must be done this year because of the repairs made to Runway 13-31. The cost of restriping this runway will be included in the suit against B & E Construction Company. Bids were submitted by the following firms: Swanston Equipment Company; J. A. Reke and Son; Buck Jones Company; Townsco Contracting Company, Inc.; Stripe -A - Zone; and Ed Dixon Construction Company. The foregoing bids were tabled for 48 hours pursuant to the requirements of the City and referred to the City Manager for tabulation and recommendation. City Manager Townsend presented the appeal of Mr. Tito Sandavol on behlaf of Mr. Johnny Rios from the denial by various City departments of his request for authority to move a structure 24' high x 36' long x 34'wide along Ocean Drive from Elizabeth Street to South Alameda. He explained that the permit was denied because such loads are prohibited from Ocean Drive, interference with traffic was felt to be probably excessive and hazardous conditions were involved. He further explained that Rios had made the appeal in person during the workshop meeting this morning and explained to the satisfaction of the Council that he has adequate equipment to judiciously move the structure, that all persons involved had been contacted; that necessary arrangements with Central Power & Light Company, the Telephone Company and Athena Cablevision have been made, it has been determined that there will be no problem in moving the structure over the bridge, and it is recommended that a waiver of the requirement of the ordinance be granted. Motion by Acuff, seconded by Ricardo Gonzalez and passed, that an exception be granted to the ordinance to permit Mr. Johnny Rios to move a structure along Ocean Drive from Elizabeth Street to South Alameda. Mayor Luby announced the public hearing on the request of Athena Cablevision Corporation to allow the relocation of Channels 3, 6 and 10 on Channels 5, 7 and 12 on the cable system. Minutes Regular Council Meeting January 8, 1975 Page 6 City Manager Townsend explained the franchise requirements, pointing out that the channels are to be broadcast on their channel designations unless the City Council finds that it is not economically or technically feasible to do SO. Mr. J. C. Sparkman, general manager of Athena Cablevision, Inc., Denver, Colorado, explained the technical difficulties connected with programming of on - channel transmission and stated that the only feasible and economical way for the company to prevent "ghosting" in the cable television reception was to move the local channe]sfrom their normal Channels 3, 6 and 10. He stated that approxi- mately 20 percent of their service calls are related to this problem, have been informed that several have stated their reasons for disconnects were for this reason, each service call is at a cost of approximately $7.00 each, and it is an economical burden to run these calls. He explained that there are two means of preventing the "ghosting", installation of an antenna switch which would allow changing from the cable when local stations experienced this "ghosting", to reception from a customer's own outside antenna, and to install a converter on every television serviced by the cable system at a cost of $50 each. He stated the price for 28,000 television sets now on the cable would be prohibitive. He stated that many people did not want to maintain an outside antenna. Mr. Sparkman stated that the company can make the change under the rules of the Federal Communications Commission and has requested an FCC ruling. He stated that the City Manager had been furnished the report requested regarding the use of switches and also a certificate of corporate ownership, and that copies of these statements have been delivered to the Mayor and Council. Mr. Sparkman also reported that a communication from Washington con- firmed that there had been approximately 700 complaints made through the FCC, and they expect something to be filed instructing the company to do something about these complaints and since they are regulated by the FCC, something will have to be done to correct the problems if they continue to keep their license. Commissioner Ricardo Gonzalez asked for information from the Company as to when these complaints were reported and if they began coming in after the request was made for permission to change the channel designations. Mr. Sparkman stated he was not in a position to make that report at this time. He explained that in the request, they had asked for Channels 5, 7 and 12, but that this request is flexible. Mr. David Saenz, stated he had found CATV programs to be entertaining and educational, but that it had been his understanding originally that the system would Minutes Regular Council Meeting January 8, 1975 Page 7 program on their local channels, that he approved of the requested change and had informed local officials that he planned to discontinue the service after February 1 of this year. He also complained that his set had been disconnected without notice but had since been corrected. He stated the City should ask the company to abide by its contract or revoke its license. Mr. Jerry Jackson, Athena representative, explained that the disconnect complained of by Mr. Saenz had been the result of a misunderstanding. Mr. T. Frank Smith, owner of KRIS -TV Channel 6, explained the technical mechanisms of operating off- or on -channel. He stated he had made a survey of cable systems from Alabama to Pennsylvania alphabetically, and found 1,000 systems that operate on -channel, and if it is not technically or economically feasible to operate in this manner, then these 1,000 stations must know something that Athena does not know. He pointed out that the Cable Company had agreed to the clause in the franchise th at they would be regulated by the City and not by an FCC decision. He maintained that the Company is not living up to its agreement or promises, but will promise anything to get what they want. Mr. Vaiih M. Kennedy, president and general manager of KIII-TV Channel 3, KSIX-FM Radio, opposed the request of Athena to change channel designations, but requested that if the Council elected to present an ordinance for approval, that it be placed on three reading, and that all parties concerned be notified of each reading. Mr. Kennedy reviewed past records and history of the Cable system in Corpus Christi, alleging that the granting of the franchise was "wrong and immoral" from its incep- tion, but that bids were called for and the bidders had agreed to the provisions of the ordinance which was that they operate on -channel. He also pointed out that the Cable Company had recently been granted a substantial rate increase and that this should have provided them with the financial means to correct this technical difficulty. He asked the Council to revoke the Company's license on the basis that they had not lived up to their franchise agreement. Senator Mike McKinnon, President of KII-TV Channel 3, concurred in the previous reasons for denying the Cablevision's request to change channels. He stated since two former local officials are no longer employed by Athena, the operation ceases to be local interests. He emphasized the importance of local communications and antenna switches during and after hurricans¢, pointing out that his station had been on the air continuously following Hurricane Celia and on occasion, he had found it convenient to switch on the antenna. He stated he agreed Minutes Regular Council Meeting January 8, 1975 Page 8 with Mr. Kennedy that it is technically feasible for the Cable Company to install the converter which would produce a perfect picture at all times. He stated it is economically feasible because all businesses are confronted with competition and if they wish to stay in business, they must meet that competition, pointing out as an example that his station had spent some $148,000 to compete with other stations that installed color transmission. Mrs. Garza, spoke in favor of the request stating it would be a simple operation for the prescriber to switch to the desired channel. She stated she has received good service from the system, that she enjoys cablevision, would find it hard to be without it, and feels the Company is trying to live up to their commitments. In rebuttal, Mr. Sparkman stated that nothing is unfeasible if there is enough money to pay the cost, but the cost of the converter makes the present operation economically unfeasible. Relative to the 1,000 stations which operate on -channel, Mr. Sparkman stated he owns several cable systems in the area of Pittsburg that are operating off -channel because it is economically unfeasible to operate on -channel. He explained that 10 percent of their operating costs goes for maintenance and the converters account for a large amount of the maintenance cost. He also stated that one important reason some people have for wanting cablevision is to eliminate the use of the outside antenna. He stated the company is anxious to live up to its contract and had been embarrassed several weeks ago when a breakdown in communications had resulted in an unfortunate situation. He stated he did not like to be involved in court, and felt both sides would loose. So far as money being spent out of the City, he pointed out that his company is paying the City of Corpus Christi approximately $20,000 every month, and that the Company has a sizeable payroll and pays local taxes. Motion by Acuff, seconded by Lozano and passed, that the hearing be closed. Following a brief recess, Mayor Luby reconvened the meeting at 5:15 p.m. Relative to Athena Cablevision's request for relocation of Channels 3, 6 and 10, City Manager Townsend stated a staff recommendation would be presented according to the pleasure of the Council. Motion by Acuff, seconded by Branch and passed, that the foregoing matter be tabled pending a staff recommendation. Mayor Luby called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations with explanations and comments as follows: Minutes Regular Council Meeting January 8, 1975 Page 9 a. Recommendation that a public hearing be held at 3:30 p.m. on January 29, 1975 at a Special Council Meeting on the following zoning applications: 1) Mr. Guy Montis: "A-1" to "B-1", located on the southwest corner of Gollihar Road and Calvin Drive. 2) Joe Emanuel: "A-1" to "B-1", located on the southeast side of North Staples Street south of West Broadway. 3) Candystick of Corpus Christi, Inc.: "R -1B" to "AB", located northwest of Weber Road along future extension of O'Day Parkway. 4) Tim Clower: "I-2" to "B-3", located on the east side of Navigation Blvd. between I.H. #37 and Savage Lane. b. Recommendation for bid award on Irrigation Equipment for Warehouse Stock for the Park Division be made to the following companies on the basis of low bid meeting specifications: Telsco Industries/Weathermatic Div., Dallas, Tex. Turf and Irrigation Company, Corpus Christi, Tex. $ 9,972.50 9,601.76 $19,574.26 Bids were received from 6 firms. Two bids did not meet specifications. Price comparison indicates a 4% reduction from last year. ((lid Tab #1-75) c. Recommendation that $18,745 be appropriated for Special Commissioners Award ($18,625) and fees ($120) in connection with acquisition of land for Fire Station No. 14, South Staples at Holly Road, being a matter in condemnation, styled City of Corpus Christi v. S. T. Harris. The award is an amount agreed to by both parties and in additionto the $18,625 cost, obligates the City to pay the Staples paving assessment of $1,912.80, install street and water line improvements, and construct a standard screening fence between the fire -station and adjacent residential lots. d. Recommendation that the public hearing on the assessments for the paving improvements to the Austin School Area, Unit II be closed and the assessment roll be adopted as modified. The assessment roll is prepared with the following modifications: (a) All property used as residential in the I-2 area is assessed the $4.75 per linear foot rate; (b) All other property including vacant lots in the I-2 area is assessed the maximum rate of $5.60 per linear foot; (c) All property used fur single family or two family residence in the A-2 area is assessed the maximum rate of $4.75 per linear foot including vacant property; (d) All other property in the A-2 area is assessed the $5.60 per linear foot rate; (e) the remainder of the area is assessed the $4.75 per linear foot rate except where specific uses other than single or two family residence or commercially -zoned businesses are indicated. The assessment roll includes 650 items and the total Minutes Regular Council Meeting January 8, 1975 Page 10 assessments are $383,310.31. It is also recommended that a contract be awarded to Burtex Constructors, Inc. for $796,375.13 and that $820,000 be appropriated to cover the award of the contract plus laboratory testing and related expenses. e. Recommendation that a contract be awarded to American La France Corporation c/o Claude Wright Associates, Houston, on the basis of most advantageous bid for the purchase of a Fire Pumper Truck for $74,722.00. The apparent low bid of $68,649 submitted by Mack Trucks, Inc. of Houston did not meet specifications because a lighter weight stainless steel tank was offered and only a basic 2 -year warranty was offered on the diesel engine whereas a 5 -year warranty was bid by La France. The price bid by Mack Trucks is subject to maximum escalation of 8% which would bring the price to $74,140.92. La France's price is firm. Bids were received from 3 firms. Price comparison reveals an increase of 32% from May, 19c74.. (This item "e" withdrawn) f. Recommendation that the revocable easement granted to Tejas Gas Corpora- tion by Ordinance No. 12357 to construct a fuel supply line to the CPL Barney Davis Power Plant be amended to provide for the construction of an additional 4,385 L.F. of 8 -inch pipeline in Up River Road from McBride Lane to a point 310 feet east of Savage Lane. The fee for the amendment to the original revocable easement is $1,683.20. g. Recommendation that authority be granted to execute a contract on behalf of the City, acting as program agent, with the Corpus Christi Independent School District, for public service employment under Title II of the Comprehensive Employment and Training Act of 1973. The contract will provide the School District with twenty positions from January 1, 1975 to June 30, 1975 at a cost of $59,923. The School Board has authorized the contract which includes 2 teachers, 4 teacher aides, 3 food service helpers, 3 custodians, 2 clerks, and 6 security positions. This modification brings the number of Title II positions to 156 (126 for the City, 10 sub -contracted to Nueces County and 20 to the School District). The money is available for this increase because of position vacancies and initial hiring delay. h. Recommendation that acquisition of Parcel No. 35, Bayfront Science Park,. from Mr. and Mrs. Margarito Ramirez for $10,000.00 be approved. This parcel is located in Block 80 at 313 Brewster Street. The value is $3,000 over the original appraisal made in 1973. Extensive remodeling of the interior of the first floor and the increase in cost in replacement housing justifies the proposed $10,000 offer. i. Recommendation that the Compensation Ordinance be amended as follows: (a) Effective January 1, 1975, Operation Mainstream and Work Experience Trainees be increased from $2.00 per hour to $2.10 per hour as required by the Minutes Regular Council Meeting January 8, 1975 Page 11 Fair Labor Standards Amendment of 1974. (b) Longevity steps of the fire and police series be revised to provide a more rapid attainment of maximum salary for increasing levels of supervisory responsibility. Such a revised longevity schedule will reflect the minimum requirements of two years of service for advancement from one position to another. This action will allow the First Assistant Chief position to reach maximum salary in six months, excluding State longevity of $4.00 per month per year of service up to 25 years, the Assistant Fire Chief and Police Commanders to maximum salary in 12 months; District Fire Chiefs and Police Captains in 18 months; Fire Captains and Police Lieutenants in 24 months; and Firefighter II's, Fire Lieutenants, Police Sergeants, and Police Lieutenants in 30 months. Item "i" (b) relative to longevity steps of the fire and police series revision was discussed at length. Mr. Buck Sosa and Mr. Armando Caceres, representing the Corpus Christi Firefighters' Association, protested the slow promotions of Firefighters I and II, under the longevity schedule recommended by City Manager Townsend, They questioned why they should have to wait 30 months to obtain maximum salary. Mr. Caceres also expressed some dissatisfaction among firefighters with their duties as AID ambulance attendants. He complained that no provision had not been made to give firemen incentive pay for this work. He further stated it was their initial understanding that their duties as AID ambulance attendants was on a voluntary basis, but that they are being required to take the training and serve as attendants. Mayor Pro Tem Acuff suggested, and it was agreed, that workshop time be set aside in the near future for another discussion of the firemen's problems, and that firemen be requested to participate. City Manager Townsend suggested that the Council deviate from the agenda at this time and hear representatives of the Padre -Staples Mall presentation relative to pending tax litigation. Mr. William Meridith, Jr., representing Mr. Roy Smith and Mr. W. M. Bevly, appeared and offered a compromise settlement of the controversy between the City and owners of Padre -Staples Mall concerning 1973 and 1974 ad valorem taxes. He stated the compromise would set the Mall's 1973 property tax assessment at $4,181,000 and $5,314,000 for 1974. He explained that the City's Tax Department assessments of $5,631,046 for 1973 and $6,042,000 for 1974 was based on a per - square -foot value, and his clients felt it should not be at a higher rate than that of any other shopping center. He explained that the architects who designed Minutes Regular Council Meeting January 8, 1975 Page 12 the mall had assured him that their building costs per -square -foot of space were comparable to the costs per -square -foot of space at other major shopping centers. He further stated that the Padre -Staples Mall was assessed at $11.50 per square foot of space, and that Parkdale Shopping Center was assessed at $9.00, and they felt values at the Mall should not be higher than Parkdale. City Manager Townsend presented requests and recommendations, Items "j" through "m". j. That authority be granted to submit a grant application to the Texas State Library for the following programs and to execute all necessary documents if the grant is approved: 1) To expand the Information Center for Aging to cover services to the dis- advantaged. A grant has been previously approved for an Information Center which will collect, compile, index, publish, and distribute information on services and programs available for the elderly. This grant would expand the Center to include information on services available for the disadvantaged. The grant will be from $15,000 to $25,000 and involve 3 new positions all funded by the grant. 2) To provide supportive library services for Adult Basic Education Classes such as self -education materials and instruction in how to use the library. The program will be operated in conjunction with the School District and involves no new personnel. The amount of the grant will be from $11,250 to $18,750. k. That Ordinance No. 12367, ordering an election to be held on January 18, 1975 upon the question of adopting amendments to the City Charter be further amended by making changes in the list of election officials because persons previously appointed have indicated they will be unable to serve. I. That a resolution be passed and forwarded to the Governor urging the Railroad Commission to proceed as expeditiously as possible in reaching a decision on the pending matters before it pertaining to the cost of natural gas. m. That a resolution be passed urging that Mustang Island Beach remain open. Motion by Branch, seconded by Acuff and passed, with Mayor Luby voting "Nay" on (Item "e" withdrawn), Item "k",/that the City Manager's Reports, Items "a" through "m" be approved, confirmed and adopted, as presented by City Manager Townsend. FIRST READING OF AN ORDINANCE AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (b) BY CHANGING THE SALARY SCHEDULES OF EMPLOYEES UNDER THE NEIGHBORHOOD YOUTH CORPS AND THE POLICE AND FIRE SERIES, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second readi by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. Ainutes Regular Council Meeting January 8, 1975 Page 13 SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958; REPEALING SECTION 34-2, AND AMENDING SECTION 34-13 BY PROVIDING A NEW SECTION 34-2, ENTITLED "PROCEDURES AND STANDARDS FOR THE CLOSING OR PARTIAL BLOCKING OF PUBLIC STREETS, THOROUGHFARES, SIDEWALKS AND ALLEYS; PROVIDING DEFINITION OF TERMS; PROVIDING FOR ADOPTION OF MANUAL OF UNIFORM BARRICAD- ING STANDARDS; PROVIDING FOR PERMIT ISSUED BY DIRECTOR OF TRAFFIC ENGINEERING TO CLOSE OR PARTIALLY BLOCK PUBLIC ROADWAYS IN CERTAIN CASES; PROVIDING FOR STANDARDS ON APPLICATION TO SECURE PERMIT; PROVIDING FOR APPROVAL, DISAPPROVAL OR APPROVAL OF PERMIT SUBJECT TO SPECIAL REQUIREMENTS; PROVIDING SPECIAL REQUIRE- MENTS; PROVIDING STANDARDS FOR ISSUANCE OF PERMIT BY DIRECTOR OF TRAFFIC ENGINEERING; PROVIDING STANDARDS FOR REVOCATION OF PERMIT; PROVIDING FOR RESTORATION OF WORK SITE IN THE EVENT OF REVOCATION OF PERMIT; PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT AND FOR REPEAL OF CERTAIN ORDINANCES SPECIFICALLY; PROVIDING PENALTY TO $200 FOR VIOLATION; PROVIDING FOR SEVER- ABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE LEAGUE, A TRACT OF APPROXIMATELY FIVE (5) ACRES IN EVELYN PRICE PARK FOR THE PURPOSE OF CONDUCTING AND MAINTAINING A RECREATIONAL AREA, FOR A TERM OF FIVE YEARS, COMMENCING MARCH 1, 1975, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT BETWEEN THE CITY AND THE SAID SOUTHSIDE LITTLE LEAGUE, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT A. The foregoing ordinance was read for the second time and passed to its third reading 'by the following vote: Luby,Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark asbent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE PERFORMANCE CERTIFICATION BOARD OF THE TEXAS DEPARTMENT • OF LABOR AND STANDARDS, STATE OF TEXAS, WHEREBY THE CITY WILL BE THE ENFORCING AGENT FOR STATE MOBILE HOME STANDARDS WITHIN THE CITY AND ITS EXTRATERRITORIAL JURISDICTION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKEDtEXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 1 OF THE BUILDING CODE, ADOPTED BY ORDINANCE NO. 10379, AS AMENDED, SO AS TO INCREASE THE FEES FOR MOBILE HOME CONNECTION AND TIE -DOWN PERMITS FROM $5 TO $10; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION; AND PROVIDING A SAVING CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby, present and voting "Nay"; Stark absent. ,inutes Regular Council Meeting January 8, 1975 Page 14 ORDINANCE NO. 12413 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AMENDING SECTION 21-155, SCHEDULE III, "PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS", BY DELETING THEREFROM ITEM TO THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE SOUTH SIDE OF OCEAN DRIVE FOR A DISTANCE OF 500 FEET ON EACH SIDE OF THE TEXAS A & I UNIVERSITY AT CORPUS CHRISTI CAMPUS ENTRANCE; ADDING AN ITEM TO SAID SECTION 21-155 TO THE EFFECT OF PROHIBITING PARKING AT ALL TIMES ON THE SOUTH SIDE OF OCEAN DRIVE FOR A DISTANCE OF 1000 FEET WEST OF THE TEXAS A & I UNIVERSITY AT CORPUS CHRISTI CAMPUS EXIT ROAD; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12414 THIRD READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING CHAPTER 9, ARTICLE IV, SECTION 9-49, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK SPACE", SO AS TO PROVIDE RATES AND RENTAL FEES FOR DRY DOCK BERTHS; DEFINING DRY DOCK BERTHS; PROVIDING OTHER FEES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Luby, present and voting "Nay"; Stark absent. RESOLUTION NO. 12415 THIRD READING OF A RESOLUTION RECOGNIZING TI -E FACT THAT THE CITY OF CORPUS CHRISTI HAS A MULTIETHNIC HERITAGE, AND FURTHER RECOGNIZING THE FACT THAT THE CITY IS A BILINGUAL COMMUNITY, IT IS DECLARED HEREBY TO BE THE POLICY OF THE CITY COUNCIL THAT THE CITY EMBRACE PROGRAMS THAT ENHANCE THE SOCIAL STAND- ING OF ALL RACES AND CONTRIBUTE SIGNIFICANTLY TO THE MULTIETHNIC NATURE OF OUR COMMUNITY. The foregoing resolution was read for the third time and passed finally by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO, 12416 AMENDING ORDINANCE NO. 12367, PASSED AND APPROVED BY THE CITY COUNCIL ON THIRD AND FINAL READING ON NOVEMBER 27, 1974, ORDERING AN ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS, ON THE 18TH DAY OF JANUARY, 1975, UPON TFE QUESTION OF ADOPTING AMENDMENTS TO THE CITY CHARTER OF THE CITY OF CORPUS CHRISTI, AS AMENDED BY ORDINANCE NO. 12412, PASSED AND APPROVED ON DECEMBER 26, 1974, SO AS TO MAKE CERTAIN ADDITIONAL CHANGES IN THE LIST OF ELECTION OFFICIALS AS HEREINAFTER SET FORTH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, ,inutes Regular Council Meeting January 8, 1975 Page 15 present and voting "Aye"; Stark absent. ORDINANCE NO. 12417 AMENDING THE CITY BUDGET: APPROPRIATING $18,745 OUT OF THE NO. 207 PUBLIC BUILDING BOND FUND FOR AWARD OF SPECIAL COMMISSIONERS AND SPECIAL COMMIS- SIONERS' FEES IN CONNECTION WITH ACQUISITION OF A PARCEL OR TRACT OF LAND FOR FIRE STATION NO. 14, SOUTH STAPLES AT HOLLY, PROJECT NO. 207-64-2, BEING A MATTER IN CONDEMNATION STYLED CITY OF CORPUS CHRISTI VS. S. T. HARRIS, ET AL, CAUSE NO. 704, IN COUNTY COURT AT LAW NO. 2 OF NUECES COUNTY, TEXAS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12418 AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS AND ALL OTHER RELATED DOCUMENTS BETWEEN THE CITY OF CORPUS CHRISTI, ACTING AS PROGRAM AGENT, AND THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT, ACTING AS AN EMPLOYING AGENCY, FOR PUBLIC SERVICE EMPLOYMENT UNDER TITLE II OF THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT OF 1973 TO PROVIDE UNEMPLOYED AND UNDER- EMPLOYED PERSONS WITH TRANSITIONAL EMPLOYMENT IN NEEDED PUBLIC SERVICES, A COPY OF WHICH AGREEMENTS AND DOCUMENTS ARE ON FILE IN THE OFFICE OF THE CITY SECRETARY AND INCORPORATED HEREIN BY REFERENCE FOR ALL PERTINENT PURPOSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12419 AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR GRANT TO THE TEXAS STATE LIBRARY FOR EXPANSION OF THE INFORMATION CENTER FOR THE AGING TO COVER SERVICES TO THE DISADVANTAGED, AND TO PROVIDE SUPPORTIVE LIBRARY SERVICES FOR ADULT BASIC EDUCATION CLASSES; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY DOCUMENTS RELATING TO SAID GRANT IF SAME IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12420 GRANTING A REVOCABLE EASEMENT AND AUTHORIZING THE CITY MANAGER TO EXECUTE A REVOCABLE EASEMENT TO TEJAS GAS CORPORATION TO INSTALL, OPERATE, MAINTAIN, REPAIR AND REMOVE ONE 8 -INCH PIPELINE ALONG THE RIGHT-OF-WAY OF 4385 FEET OF CITY STREETS, AS FURTHER DESCRIBED IN THE REVOCABLE EASEMENT ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", UPON THE PAYMENT OF THE FEE PROVIDED THEREIN; AND DECLARING AN EMERGENCY. inutes regular Council Meeting January 8, 1975 Page 16 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. RESOLUTION NO. 12421 RESOLUTION URGING THE GOVERNOR OF THE STATE OF TEXAS TO URGE THE RAILROAD COMMISSION TO PROCEED AS EXPEDITIOUSLY AS POSSIBLE TO REACH A DECISION ON THE MATTERS PENDING BEFORE IT, AND PARTICULARLY THE MATTERS PERTAINING TO THE COST AND ALLOCATION OF THE SUPPLY OF NATURAL GAS FURNISHED BY THE LO-VACA GATHERING COMPANY; DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12422 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Vera Cruz Street, from Baldwin Blvd. to Lou Street; 2. Torreon Street, from Baldwin Blvd. to Lou Street; 3. Cortez Street, from Baldwin Blvd. to Lou Street; 4. Havana Street, from Pine Street to Agnes Street; 5. Balboa Street, from Baldwin Street to Agnes Street; 6. Pueblo Street, from Pine Street to Agnes Street; 7. Shawnee Street, from Baldwin Blvd. to Agnes Street; 8. Hiawatha Street, from Chippewa Street to Agnes Street; 9. Virginia Street, from Baldwin Blvd. to Agnes Street; 10. Mohawk Street, from Baldwin Blvd. to Agnes Street; 11. Francesca Street, from Ruth Street to Agnes Street; 12. Tampico Street, from Balboa Street to Galvan Street; 13. Galvan (Juanita) Street, from Balboa to Cortez Street; 14. Pine Street, from Hiawatha Street to Cortez Street; 15. Lou Street, from Virginia Street to Airport Road; 16. Huron Street, from Hiawatha Street to Virginia Street; 17. Chippewa Street, from Pueblo Street to Virginia Street; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVE- MENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12423 AMENDING THE CITY BUDGET: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BURTEX CONSTRUCTORS, INC., FOR CONSTRUCTION OF AUSTIN SCHOOL AREA IMPROVEMENTS, UNIT II; APPROPRIATING OUT OF NO. 220 STREET BOND FUND $820,000 OF WHICH $796,375.13 I5 FOR THE CONSTRUCTION CONTRACT AND $23,624.87 IS FOR CONTINGENCIES AND INCIDENTAL EXPENSES, ALL APPLICABLE TO PROJECT NO. 220-72- 1.2; AND DECLARING AN EMERGENCY. • 1 j• Minutes Regular Council Meeting January 8, 1975 Page 17 The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. ORDINANCE NO. 12424 MAKING FINDINGS OF FACT REGARDING THE TEXAS PARKS AND WILDLIFE DEPARTMENT MASTER PLAN FOR THE DEVELOPMENT OF MUSTANG ISLAND STATE PARK; REQUESTING THE REMOVAL OF TRAFFIC BARRICADES; SUPPORTING A FEE TO BE CHARGED FOR THE USE OF CAMPING FACILITIES BUT OPPOSING AN ENTRANCE FEE; SUPPORTING SEPARATION OF VEHICULAR AND PEDESTRIAN TRAFFIC BUT NOT RESTRICTING THE FREE AND UNINTERRUPTED ACCESS OF THE PUBLIC TO THE BEACH AREAS; SUPPORTING AN ENTRANCE AND EXIT AT BOTH ENDS OF THE PROPOSED PARK SO THAT ALL CITIZENS HAVE FREE AND READY ACCESS TO ALL AREAS OF THE PARK; DIRECTING THE CITY SECRETARY TO FORWARD A COPY OF THIS RESOLUTION TO TEXAS PARKS AND WILDLIFE DEPARTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Acuff, Branch, Thomas Gonzales, Ricardo Gonzalez and Lozano, present and voting "Aye"; Stark absent. City Secretary Read stated that according to his tabulation, all ordinances voted upon were passed with Mayor Luby voting "Nay" on Ordinances No. 12414, and second reading amend- ing the Building Code to increase fees for mobile home connection and tie -down permits. Executive Assistant City Attorney Michael May stated the Council will hold a closed meeting under Art. 6252-17 Section 2(g) V.A.T.S. for discussions of the Padre -Staples Mall litigation matter. There being no further business to come before the Council, motion by Lozano, seconded by Ricardo Gonzalez and passed, that the meeting be adjourned at 7:30 p.m., January8, 1975.