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HomeMy WebLinkAboutMinutes City Council - 11/19/1975MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING NOVEMBER 19, 1975 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: **Eduardo de Ases City Manager Marvin Townsend Ruth Gill Acting City Attorney Michael May Bob Gulley City Secretary Bill G. Read Gabe Lozano, Sr. Edward Sample Mayor Pro Tem Tipton called the meeting to order in the temporary absence of Mayor Luby. The Invocation was given by Reverend George H. Dawson of St. Martin's Episcopal Church. City Secretary Bill Read called the roll of those in attendance and stated there was a quorum of the Council and the necessary Charter Officers present to have a legally constituted meeting. Mayor Pro Tem Tipton announced the issuance of proclamations in the Mayor's office relative to the following: MAYFLOWER COMPACT WEEK: November 22 through 29, 1975; and BIBLE WEEK: November 23 through 30, 1975. Mayor Pro Tem Tipton presented 30 -year service award pins to the following City employees: Raby L. Bates, a Utilities Serviceman with the Department of Public Utilities; Edwin H. Gollnick, a Wastewater System General Foreman with the Wastewater Department; Alvino Lopez, a Water System Mechanic with the Water Department; Andrew Ordner, a District Fire Chief with the Fire Department; Margaret Richter, a Personnel Technician II with the Personnel Department; and Pedro M. Guerrero, a Plant Helper with the Wastewater Department, and commended the employees for their many years of fine service to the City. Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager Townsend submitted the following requests and recommendations, with related comments and explanations, to the Council: a. That authority be granted to receive bids on two 29 cubic yard sideloading refuse collection chassis and refuse bodies. These units will be used on a trial basis as two-man units to determine their feasibility and economy in the collection of refuse. Funds are provided in the 1975-76 budget for the purchase of these two units. Equal and alternate bids will be received on 20 cubic yard units. Minutes - Regular Council Meeting November 19, 1975 Page 2 b. That all bids received for 2 gas-fired swimming pool heaters be rejected and new bids be received at 11:00 a.m. Tuesday, December 9, 1975. The apparent low bid of $1,549 did not meet specifications because a 20° temperature use was bid instead of a 25° as specified. Revaluation has shown that a 20° use is adequate. The low bid for a unit with a 25° use was $2,230. One heater is a replacement for Meadow Park pool and the other is an additional for Collier. c. That bid awards for dust control and shop towel service for one year for various City operations be made to the following firms on the basis of low bid: Model Industrial Uniform Service, Corpus Christi - Item 1 Shop Towels $1,290.00 Item 3 Treated Dust Wipers 45.00 $1,335.00 Texas Industrial Services, Corpus Christi Item 2 Fender Covers 125.00 Item 4 24" Treated Dust Mops 400.00 Item 5 24" Treated Mop Heads 137.50 Item 6 30" Treated Mop Heads 19.50 Item 7 36" Treated Mop Heads 337.50 Item 8 Walk Off Mats 3' x 5' 480.00 Item 9 Walk Off Mats 3' x 4' 124.80 Estimated Total $1,624.30 Bids were received from 2 firms. d. That the bid award for a 12 month's supply of 50% concentration hydrogen peroxide and related pumping equipment to be used for in-line treatment and odor and corrosion control at the Broadway and Westside system plants and the McArdle trunk main be made to McKesson Chemical Company, Corpus Christi, on the basis of the only bid received of $93,296. Storage tanks will be provided by the bidder at no additional cost and will remain his property. Two manufacturers submitted "no bids" since they have no local distributors and the amount of hydrogen peroxide being purchased is not enough for them to provide it from their Houston, Texas and Norco, Louisiana storage facilities. e. That $300.00 be appropriated for appraisal services by Mr. Harold Carr for the acquisition of Parcel Number 1 for the expansion of Inwood Park. This parcel is located on Trojan Drive and the Crosstown Expressway Frontage Road. Park Trust funds will be used to purchase this parcel. f. That Lot 13, Block A, Don Patricio Subdivision, located on the west side of Waldron Road between Division and San Patricio Roads be acquired from Mr. Jack P. Kelso and Mr. Oscar Soliz for $1,300. A gas regulator station will be placed on the lot to service the area from Graham Road to the King Ranch between Minutes - Regular Council Meeting November 19, 1975 Page 3 the Laguna Madre and the Oso. This approximately 5 square mile area cannot be adequately served by a small station at Waldron Road and Crestline. g. That a cooperative contract be renewed for maintenance and operation of a stream -flow gauging station on the Nueces River at the Tilden crossing west of Three Rivers, with the Texas Water Development Board and the United States Geological Survey to estimate flows coming into Lake Corpus Christi. Total cost for operation and maintenance of the station from September 1, 1975, through August 31, 1976, will be $3,120.00. The City's share will be $1,279.00, the Texas Water Development Board's share $281.00, and the U. S. Geological Survey's share $1,560.00. The City's cost for 1974-75 was $1,140 and for 1973-74 was $1,066. h. That authority be granted to submit a grant application for second year funding of the Retired Senior Volunteer Program to the ACTION Office in Dallas and to execute all related documents required in the implementation and administration of the program for the period April 1, 1976 through March 31, 1977. Program cost includes $31,247 federal funds and $9,012 in-kind local share for a total $40,259. Project staff will remain the same consisting of a Project Coordinator, Senior Clerk Typist, and Bus Operator. There are currently 110 volunteers providing 3,000 hours of service monthly at 33 stations. It is estimated that there will be 250 volunteers by the end of the second year. i. That a lease be approved with the Federal Aviation Administration permitting the locating of a van -mounted engine generator unit adjacent to the control tower at Corpus Christi International Airport for a period of one year. The generator will provide an emergency power source for radar and for air traffic control and communications equipment. Since the generator is considered a part of the United States governmental operations at the Airport there will be no rental fee. j. That a public hearing be held on December 3, 1975 on the request of the Airport Limousine Service to increase fares as follows: Zone Present Fare Proposed Fare 1 $2.50 $3.00 2 $2.75 $3.50 3 $4.00 $4.50 4 $4.50 $6.00 5 $6.00 $7.50 The request is due to increased operating expenses. The Airport Advisory Board recommends approval. **(Commissioner de Ases arrived at 2:25 at this time.) Minutes - Regular Council Meeting November 19, 1975 Page 4 No one from the audience appeared relative to any Item on the City Manager's Reports. Motion by Gulley, seconded by Lozano and passed, that the City Manager's Reports be accepted, and Items "a" through "j" be granted, approved and adopted as presented by City Manager Townsend. City Manager Townsend presented for the Council's consideration the following ordinances, with related comments and explanations as follows: SECOND READING OF AN ORDINANCE ADOPTING A POLICY ESTABLISHING A BASIC FEE TO BE CHARGED INDIVIDUALS, FIRMS, COMPANIES OR OTHER PARTIES FOR THE PURPOSE OF UTILIZING PUBLIC RECORDS FOR THE PURPOSE OF DETERMINING ELEVATIONS OF PROPERTIES WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, AUTHORIZING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO ATTEST TO SAID ELEVATIONS BY LETTER FROM PUBLIC RECORDS, SETTING A FEE TO BE CHARGED FOR SAME, AND PRESCRIBING REQUEST FOR INFORMATION PROCEDURES; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12908 AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS WATER DEVELOPMENT BOARD AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $3,120, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12909 AUTHORIZING THE CITY MANAGER TO EXECUTE FEDERAL AVIATION ADMINISTRATION LEASE #DOT- FA76SW-1082 PROVIDING FOR THE LOCATING OF A VAN -MOUNTED ENGINE GENERATOR UNIT ADJACENT TO THE CONTROL TOWER AT CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TERM OF ONE YEAR BEGINNING ON JULY 1, 1975 AND ENDING ON JUNE 30, 1976, ALL AS MORE FULLY SET FORTH IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12910 AUTHORIZING THE CITY MANAGER TO SUBMIT A PROPOSAL FOR SECOND YEAR FUNDING OF THE RETIRED SENIOR VOLUNTEER PROGRAM TO THE ACTION OFFICE IN DALLAS, AS MORE FULLY DESCRIBED AND SET FORTH IN THE PROPOSAL, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AND RELATED DOCUMENTS REQUIRED IN THE IMPLEMENTATION AND ADMINISTRATION OF THE SAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. Minutes - Regular Council Meeting November 19, 1975 Page 5 ORDINANCE NO. 12911 APPROPRIATING OUT OF THE 111 TRUST FUND, ACCOUNT 1761, $300 FOR APPRAISAL SERVICES BY HAROLD CARR IN CONNECTION WITH THE ACQUISITION OF PARCEL NO. 1 FOR THE EXPANSION OF INWOOD PARK; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12912 AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL NUMBER 1 FOR THE WALDRON ROAD GAS REGULATOR SITE FROM THE OWNERS, JACK P. KELSO AND OSCAR SOLIZ; APPROPRIATING AND REAPPROPRIATING OUT OF THE 106 GAS FUND, ACTIVITY 5273, CODE 501, $1,474.50, OF WHICH AMOUNT $1,300 IS FOR ACQUISITION AND $174.50 IS FOR COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. , ORDINANCE NO. 12913 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NUECES COUNTY FOR JOINT UTILIZATION OF THE INDUSTRIAL HEALTH PHYSICIAN, ALL MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. ORDINANCE NO. 12914 RATIFYING AND ACKNOWLEDGING THE CONTRACTUAL ANNEXATION OF THE PROPERTY AS SHOWN IN EXHIBIT "A" ATTACHED CONSISTING OF APPROXIMATELY 38.207 ACRES OUT OF LOTS 13, 14 AND 15, SECTION 5, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, IN NUECES COUNTY, TEXAS, AND A PORTION OF COUNTY ROAD 26A, ALL AS MORE FULLY SET FORTH IN THE CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND FIRST SAVINGS ASSOCIATION, A COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Mayor Luby absent. No one from the audience appeared relative to any of the ordinances. City Secretary Read stated that according to his tally all ordinances voted upon passed unanimously. Mayor Pro Tem Tipton called for petitions or information from the audience on matters not scheduled on the agenda. No one appeared. The Meeting was recessed at 2:25 p.m. .tes - Regular Council Meeting November 19, 1975 Page 6 *(Mayor Luby arrived during this time.) Mayor Luby called the Regular Council Meeting back to order at 3:05 p.m. Motion by de Ases, seconded by Sample and passed, with Gulley voting "Nay", that the public hearing be reopened for the purpose of allowing first the proponents of the LULAC proposal for Artesian Park and then a representative of the opposition to make some closing remarks, limited to three minutes each. Mr. Ruben Bonilla, Jr., President of the League of United Latin American Citizens (LULAC) stressed that the LULAC proposal was not a plan to promote a private interest group but a plan which was innovative in many aspects and would be for the public good. Dr. Richard Marcum, Chairman of the Landmark Commission, summarized the opposition's views and maintained that the real issue at hand was not the history, heritage or contributions of the Spanish or Mexican -Americans --that they fully acknowledge that history, heritage and contributions and have spent considerable time studying it and trying to promote it --but whether the oldest, most historic park in the City should be changed in the methods proposed. Motion by Tipton, seconded by de Ases and passed, that the hearing be closed. Gabe Lozano, Jr. asked to address the Council but was told that the hearing had been closed and that in fairness to both sides the Council was not desirous to hear any further testimony; and that remarks made by him would not be a part of the permanent record of this meeting. Commissioner Gill stressed that the name of Artesian Park should not be changed, but that she thought the contributions of the LULACs could be recognized on plaques in Artesian Park rather than by changing its name; that the historical integrity of the park must be preserved. She maintained that the City could work with LUIAC and other interested persons on the development of the project, but that the City should retain control. Commissioner Gill stated she very strongly supports recording the achievements of any minority group in a public place for all to see and learn about that heritage, and mentioned the concept of a "Heritage Plaza". Commissioner Sample observed that if the proposal were simply to commemorate the contributions of the Mexican -Americans he would vote yes; but that he opposes the immoralizing of any particular name or group and therefore would be against the proposed. name change of Artesian Park. nutes - Regular Council Meeting November 19, 1975 Page 7 Mayor Pro Tem Tipton stated he felt it was not in the best interest of the City as a whole to change the name of the park, nor to have such improvements made there. He said he favored the concept of LULAC, but felt that another location would serve their purpose better. Commissioner Lozano warned that granting LULAC's request could set a precedent. He stated that as one of the three original charter members of LULAC, he had personally worked hard to get the approval for Ben Garza Park and is very proud to have it named in memory of the founder of LULAC; that if the idea of the LULAC proposal is to commemorate the work of LULAC, there is enough property area in Ben Garza Park, and the City would probably not object. Commissioner Gulley stated he would be against the LULAC proposal because it would set a precedent for any organization to change the name of a park and because of the historical aspect of it. He stated that he felt that the LULACs were entitled to a yes or no vote at this time so that they could move forward at either this or some other location. Commissioner de Ases suggested that since one of the main objections to the proposal appeared to be the name change of Artesian Park, perhaps the proponents would concede to leaving the name as is; that this could perhaps be negotiated. He urged that the Council not reject the proposal outright but approve the concept that has been proposed --that the cultural backgrounds of our peoples be recognized. He said that if the proposal was turned down flat that he feared it would discourage not only the LULACs, but other organizations as well to attempt similar projects. Mayor Luby stated he believes that the City of Corpus Christi should give to LULAC or any other organization that wants to make a similar contribution, an area in the Bayfront Science Park in which they could commemorate their culture. He said he was not in favor of changing history in any way, and would vote against the recommendation for that reason. Commissioner de Ases then asked Mayor Luby if he objected to LULAC's building in Artesian Park, providing they did not change the name of the park or alter it in any manner. The Mayor answered that he would prefer the City give property in the Bayfront Science Park to the LULACs for their project. Commissioner Gulley added that he felt the LULACS and those who opposed their request were entitled to a vote on the request as it was presented, and that it should not be altered or thrown back into any further negotiations --either vote yes or no. Commissioner de Ases urged that the Council not reject the proposal but rather that they endorse the concept and try to work out details ..sautes - Regular Council Meeting November 26, 1975 Page 8 satisfactory to all parties. Commissioner Tipton stated he felt the recommendation should be addressed as it was presented to the Council so that the issue might be put to rest; then LULAC or any other organization could start fresh with another proposal. Commissioner Lozano again stated that he was one of the three remaining charter members of LULAC; that he felt their proposition was an excellent idea but he disagreed with the location. He reminded again that Ben Garza Park was named after the founder of LULAC and he felt that that would be the proper place for the LUTACs to build this memorial. Mayor Luby again stated he felt it should be in the Bayfront Science Park, and suggested that the LULACs choose a location in that park, and he would do everything in his power to see that the City donated the land. Motion by de Ases, seconded by Gill and passed, to approve the concept of an area within the City limits of the City of Corpus Christi where individuals or organizations can endorse, exhibit, exemplify, document, etc., the past achievements of our citizens of various ethnic backgrounds; and this approval then be forwarded to the Municipal Arts Commission with an invitation for all interested parties to meet with the Commission and work out the details of size, financing, etc. Motion by Gulley, seconded by Tipton and passed, with Commissioners de Ases and Gill voting "Nay", that the Park Board's recommendation as presented by LULAC pertaining to Artesian Park be rejected. On Motion by de Ases, seconded by Sample and passed, the Regular Council Meeting of November 19, 1975 was adjourned at 3:50 p.m.