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HomeMy WebLinkAboutMinutes City Council - 12/10/1975PRESENT: Mayor Pro Tem Bill Tipton Commissioners: Eduardo de Ases Bob Gulley Gabe Lozano, Sr. Edward Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 10, 1975 2:00 P.M. City Manager R. Marvin Townsend ' Acting City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Tipton called the meeting to order. The Invocation was given by Cleo LaRue.' City Secretary 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. Motion by Lozano, seconded by Sample and passed, that the absences of Mayor Luby and Commissioner Gill be excused. Motion by Sample, seconded by Lozano and passed, that the Minutes of the Regular Meeting of November 19, 1975; Regular Meeting of November 26, 1975; and Special Meeting at 7:00 p.m., November 26, 1975, be approved as submitted to the Council. Mayor Pro Tem Tipton announced the issuance of a proclamation in the Mayor's office for CORPUS CHRISTI SEAMEN'S CENTER WEEK: December 13-20, 1975, and introduced Mr. Gordon Humphrey, Board Member of the Seamen's Center. Mr. Humphrey gratefully acknowledged the assistance of the past and present City Councils in keeping the Center in operation, and stated,that over 600 persons representing 50 or 60 sea -going nations utilize the services of the Center each month. He announced that the Seamen's Center will be'"celebrating its first birthday on Saturday, December 13, from 4 to 7 p.m., and invited the City Council, Staff, media and citizens to attend that celebration. Commissioner Lozano read a' message from Mayor Luby that "It is my desire to respectfully request that the members of the City Council go along with me in granting Friday, December 26, a holiday for City employees.", which he stated concurred'with the Council's decision in the Workshop Meeting. City Manager Townsend presented the scheduled public hearing of 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 He explained that it is a franchise service provided at Corpus Christi International Airport, and that their present franchise expires in the next few months. He distributed .utes-- Regular Council Meeting December 10, 1975 Page 2 to the Council copies of a report from Charles J. Daley, Assistant Director of Finance, which reviewed the past and present fares and the financial statements of the Airport Limousine Service. He stated that the requested increase is due•to increased operating expenses; that fares were last revised in 1973, and prior to that in 1971. He added that both the Airport Advisory Board and the Staff have reviewed the request and concur with the increases. No one from the audience spoke regarding the request. Motion by Lozano, seconded by Gulley and passed, that the hearing be closed. Motion by Lozano, seconded by Gulley and passed, that the recommendation of the Airport Advisory Board be concurred in and the request by Airport Limousine Service to increase fares as outlined be granted. Mayor Pro Tem Tipton called for the City Manager's Reports, and City Manager Townsend presented requests and recommendations, with related comments and explanations, as follows: a. That bids be received at 11:00 a.m., Tuesday, December 30, 1975 on the following: 1. 200 each 2" tallow and 2" cottonwood trees, 100 2" live oak trees, 75 2'-3' palm trees, 145 4'-5' palm trees, and 25 8'-10' palm trees for the Parks Department for use in various City parks and the golf course. 2. 25,000' of 1" steel pipe and its coating and wrapping for the Gas Division. 3. Sale and removal of a 2 -bedroom frame house on concrete piers at 226 Aviation Drive required as part of the Naval Air Station Safety Zones Land Acquisition project. 4. Sale and removal of a 2 -story, 5 -room frame structure with pier foundation located at -the former Sanitation Yard at 2625 Greenwood and formerly used as offices for the Sanitation Division. b. To receive bids at 11:00 a.m., Tuesday, December 30, 1975 for one Fire and Smoke Protection System for the Data Processing Department. c. That bids be received at 11:00 a.m., Tuesday, January 6, 1976 for the following: 1. 1,000 gal. of malathion for mosquito control. 2. Twenty-four 50 yd. rolls of reflective and non -reflective traffic sign material for Traffic Engineering. d. That bid award be made to General Tire Service, Corpus Christi, for a replacement dozer -loader tire for use by the Sanitation Division on a self -loading scraper at the landfill on the basis of low bid of $2,118.33. Bids were received from 3 firms. (Bid Tab #82-75) -nutes -- Regular Council Meeting December 10, 1975 Page 3 e. That the bid award for a one-year contract for field tire repair service for City -owned equipment to supplement service provided by the City garage be made to Gonzalez Tire Service, Corpus Christi on the basis of low bid. A unit price comparison shows no price increase. Bids were received from 2 firms. Prices range from $2.00 for passenger vehicle tires to $8.00 for loader tires. Based on estimated quantitites the annual cost will be approximately $22,000. (Bid Tab #83-75) f. That contracts be awarded to Edaburn International Trucks, Inc., Corpus Christi, for a 23,600 GVW cab and chassis and to Arlington Equipment Company, Inc., Arlington, Texas for a 1,600 gal. sewer and cesspool the Wastewater Services Division on the basis of low respectively. Bids were received from four firms on on the tank and pump unit. Price comparison reveals cleaning tank and pump unit for bids of $6,948.06 and $8,500 the cab and chassis and two firms an increase of 13% on the cab and chassis and 162% on the tank and pump unit since the last purchase in February, 1971. (Bid Tab #84-75) g. That the bid award for 2 replacement gas chlorinators for the Wastewater Services Division be made to H & H Instruments Company, Corpus Christi, on the basis of low bid of $4,653.00. The chlorinators are used to control the amount of chlorine used to treat wastewater. Bids were received from 4 firms. (Bid Tab #85-75) h. That the bid award for 580 replacement metal folding chairs for the Coliseum be made to Adirondack Chair Company, New York, New York, on the basis of low bid of $3,248.00. Bids were received from 6 firms on 600 chairs; however, only 580 are being recommended for purchase. (Bid Tab #86-75) i. That the public hearing on the assessments for Molina Area Street Improvements, Unit II, Part B, be closed and the assessment roll be adopted with the corrections recommended by Mr. Harold Carr. The assessment roll includes 330 assessment items totaling $194,704.82. Total project cost is $482,326.56 with the City's portion being $287,620.74. The hearing was held at Skinner School on November 26, 1975. j. That a change order be approved for the Cole Park Bicentennial Ampitheater for $2,069.59 for conduit, wire, pull boxes, receptacles and breakers for footlights along the front and the back of the stage. Sufficient funds will still remain to purchase floodlights and, possibly, dimmers after further evaluation is made of supply sources and prices. k. That authority be granted for the City as Administrative Unit of the Coastal Bend Manpower Consortium to execute a modification to a current CETA Title VI contract with the City of Refugio for an increase of $10,247 to a new level of $23,502 to provide three additional public service jobs. These positions were originally allocated to minutes -- Regular Council Meeting December 10, 1975 Page 4 Refugio County which has asked that they be transferred to the City of Refugio. The Consortium approved this transfer on November 20, 1975. 1. That State Department of Highways and Public Transportation Commission Minute Order No. 70632 providing for improvements to Leopard Street from North Broadway to Palm Drive be accepted. Improvements Will include leveling the roadway surface and placement of a hot -mix overlay. This project has previously been included in the City's 1974-75 allocation of federal aid urban systems money. Estimated project cost is $217,400. The City's share is approximately $45,000. *m. That the contract for the landscaping of Schatzell Street from Shoreline to Lower Broadway be awarded to Glaser Construction Company for $11,673.10 and $13,000 be appropriated, including engineering and related expenses. The project includes construction of 38 planter boxes, 152 Japanese jasmine plants and 64 palm trees. n. That 2 -hour parking meters on Carancahua between Lipan and Mestina Streets be changed to 10 -hour meters. Since the Corpus Christi Independent School District has moved, 2 -hour meters are no longer needed. Ten-hour parking meters will provide long- term parking for those who work in nearby business offices. o. That authority be granted to submit an application to the Criminal Justice Division for fourth-year funding of the Nueces County Organized Crime Control Unit and execute all documents necessary to continue the program if the grant is approved. The grant provides for three Sergeants, two Deputy Sheriffs, one Patrolman, an Assistant District Attorney, an Analyst, and a Secretary. The total project cost is $168,562 of which the Federal portion is $75,000, the City's $82,586 and the County's $10,976. p. That the revised Civil Service Rules recommended by the Civil Service Board on November 20, 1975 and incorporating minor revisions discussed by the City Council at its Workshop on November 24, 1975 be approved in accord with Article VI, Section 4 of the City Charter. The last complete rewriting of the rules was on May 20, 1940, although a number of amendments have since been adopted. q. That the 10' utility easement running between Lots 1, 2, 3, 4, 5, 6 and 7, Block 5, Colonia Hidalgo Subdivision, be abandoned. The property is located between Padre Island Drive and Linda Vista Street and between the unopened portions of Molina and Barrera Drives closed by Council action on November 5, 1975. The surrounding property is being replatted into one lot. The request has been circulated through the affected Departments and there are no objections. _.,utes -- Regular Council Meeting December 10, 1975 Page 5 *r. To authorize the City Manager to execute a 3 yr. lease with Ten Ten Enterprises, Inc. for approx. 2800 sq. ft. of office space at Klee Square for the Neighborhood Improvement Division at $.35 per sq. ft. beginning January 1, 1976. Neighborhood Improvement is presently leasing 3,000 sq. ft. of space at 1022 Leopard. The lease expires December 15, 1975. The new quarters will cost approximately $200.00 per month more. The existing office building and location have many problems. In addition • to providing a better working environment, the move will bring Neighborhood Improvement closer to City Hall and at the same location as the Work Experience Program which is also part of Planning & Urban Development. s. That the proposed contract between the Nueces River Authority and the City for the Choke Canyon project be approved. This contract was authorized by the Board of Directors of the Nueces River Authority at their meeting in San Antonio on Nov. 17, 1975. City Manager Townsend explained the recent changes in the contract and reviewed the highlights of it. He emphasized that he wanted the Council to be aware that the NRA probably could not sell its bonds without a greater pledge of security; that the contract does not provide sufficient security in today's market for the NRA to sell the bonds; and at the time when the City calls upon the NRA to sell the bonds they will probably need a greater pledge of security from the City. He stated it is probable that portions of each section of the contract pertaining to security would need to be improved at the time the bonds are ready to be sold; but that it should be a simple process, because the amendment would strengthen the NRA's position in the contract without asking them to give up anything. t. That the $3,500 maximum fee for the services of Mr. Frank Booth, agreed upon March 11, 1975, for developing the Nueces River Authority contract, be waived due to the lengthy period of negotiations involved. u. That the appointment of Mr. Charles A. Nickerson to the position of Superintendent of Programs in the Park and Recreation Department be confirmed. Mr. Nickerson has served as Acting Recreation Superintendent since the position became vacant in January. He previously served as Assistant Recreation Superintendent for 2 years and in various recreation positions in Richmond, Va. He has a B.S. Degree from Virginia Commonwealth University and is serving as an adjunct professor of recreation and parks at Texas A & I University at Corpus Christi. Minutes -- Regular Council Meeting December 10, 1975 Page 6 v. That the Council Meeting scheduled for December 24, 1975, not be held because it is Christmas Eve. Relative to Item "r", Ms. Lily White stated she works in the community and believes that moving the Neighborhood Improvement Center would create further hardship on the people who utilize those services. She cited that people seeking loans are told that they must come into the NID Center to fill out the application; but that many of them do not have their own transportation, and there is no bus service to Klee Square. City Manager Townsend responded that the NID should not be taking loan applica- tions now because there is a considerable backlog of applications on file, and there are no more loan funds available until perhaps late next year. Mr. John H. Scott also addressed the Council regarding Item "r". He stated that the NID Center is far enough away as it is, and that moving it even further would be placing it out of reach unless the City would furnish some transportation for the people who use it. City Manager Townsend responded that one of the main reasons for the recommended move was for supervision purposes --that employees of the Center should not be directing people to come in to fill out a loan application at the present time, when there are no more funds available; and further that the City employees should be going to the people's homes to pick them up and bring them to the Center rather than their having to take a bus or find their own transportation; that it is hoped that the move will alleviate some of the confusion and problems through closer supervision. Motion by de Ases that Item "r" be tabled; City Manager Townsend withdrew the Item. Mrs. Paul A. Sharrock, 3553 Bluebonnet, Lot 9A, addressed the Council regarding a personal complaint; and Mayor Pro Tem Tipton explained that he would recognize her later in the Meeting when he calls for petitions or information from the audience. Mr. Juan Jose Gussoni, Construction Estimator, and representative of the Coastal Bend Minority Contrators Assistance Association, Inc., appealed to the Council to award the contract for the Schatzell Street landscaping improvements (Item "m") to Bob's Nursery, because: Bob's Nursery was the only landscaping contractor bidder in the first bids taken on October 28, 1975; was the lowest bidder atithat time for,the land- • scaping items; the individual prices for every item of their first bid were made public;` and their second bid on November 25, 1975 was resubmitted with the same prices and thereby .1 could have been easily underbid, due to other bidders having access to their original low bidder's price. Mr. Gussoni stated that it was the City's decision to delge two utes -- Regular Council Meeting December 10, 1975 Page 7 items for construction work from the first specifications and go out for bids for the landscaping work only; but maintained that it was not a fair process since Bob's Nursery's bids had been exposed. He pointed out that the low bidder the second time was a general contractor rather than a landscaping contractor, even though the second project was totally landscaping work. There was some discussion of the matter from the Council, and most were in agreement that it was an unfortunate situation; however, it was brought out that it was the Council's decision to go out for bids on the project a second time after separating the landscaping and construction work; and that they were aware at that time of the problems it could create. Commissioner Gulley was in favor of awarding the contract to Glaser Construction Company as low bidder by almost $2,300, which he stated was a sizeable percentage of the contract and could not be ignored, even weighing the fact that the bidding process followed did not quite seem fair. City Manager Townsend explained that this type of problem is created whenever bids are called a second time for the same items; but that the logical assumption had been that with some items deleted, the contractor would refigure overhead and production expenses and would submit a slightly different bid the second time--which Bob's Nursery did not do. Motion by de Ases, seconded by Lozano, that the contract on Item "m" be awarded to Bob's Nursery. There was again considerable discussion of the Item. Commissioner Gulley reemphasized that there was approximately $2,300 difference in the second group of bids, and stated he felt the Council must act in the best interest of the public and take the lowest bid by Glaser Construction Company. Commissioner Lozano maintained that the situation was not handled right and the contract should therefore be awarded to Bob's Nursery. Commissioner de Ases clarified that his Motion was not made for, or in favor of, Bob's Nursery or because of the parties involved, but that it was a question of fairness. Motion passed, three to two. Motion by Lozano, seconded by de Ases and passed, that the City Manager's Reports (Item "m" as amended and Item "r" withdrawn) be accepted, and Items "a" through "v" be granted, approved and adopted, as presentees by City Manager Townsend. It was determined that passage of the ordinance pertaining to Item "m" would require four votes; and since the previous vote was a firm three to two, it was decided to withdraw that ordinance until a later Meeting. .lutes -- Regular Council Meeting December 10, 1975 Page 8 Mayor Pro Tem Tipton called for the ordinances, and City Manager Townsend presented for the Council's consideration the following ordinances, with related comments and explanations as follows: FIRST READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, 1958, AS AMENDED, BY AMENDING SECTION 21-131, PARKING METER ZONES ESTABLISHED, BY ADDING TO SUBSECTION (a) METER ZONE N0. 1, AN ITEM TO BE NUMBERED 17, TO PROVIDE FOR CHANGE FROM TWO-HOUR TO TEN-HOUR PARKING METERS ON N. CARANCAHUA STREET BETWEEN LIPAN STREET AND MESTINA STREET; AMENDING SUBSECTION (b) OF SAID SECTION 21-131, ENTITLED "METER ZONE NO. 2", SO AS TO AMEND ITEM 7 TO HEREAFTER READ "N. CARANCAHUA STREET, FROM MESTINA STREET TO BUFFALO STREET"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. FIRST READING OF AN ORDINANCE ADOPTING NEW CIVIL SERVICE BOARD CODE OF RULES AND REGULATIONS FOR THE CITY OF CORPUS CHRISTI, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. SECOND READING OF AN ORDINANCE AMENDING CHAPTER 18A OF THE CORPUS CHRISTI CITY CODE, AS AMENDED, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 10378, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 28, 1971, AND AS AMENDED BY ORDINANCE N0. 11537 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973, BY AMENDING SECTION 18A-1, SCHEDULE, SO AS TO ESTABLISH A NEW GREEN FEES SCHEDULE FOR THE OSO MUNICIPAL GOLF COURSE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. SECOND READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH TOM LAWRENCE AS GOLF PROFESSIONAL AT A COMPENSATION OF $300 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID TOM LAWRENCE THE GOLF PRO SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF FIVE PERCENT (5%) OF GROSS RECEIPTS ON ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS, TEN PERCENT (10%) OF ALL INCOME FROM GOLF CARTS, AND AN ADDITIONAL TWO AND ONE-HALF PERCENT (2-1/2%) OF TOTAL GROSS RECEIPTS OVER $120,000, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote:. Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. SECOND READING OF AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A LEASE AGREEMENT WITH THE TEJAS BOWMAN ARCHERY ASSOCIATION, LEASING TO SAID TEJAS BOWMAN ARCHERY ASSOCIATION A 36 -ACRE TRACT OF LAND, DESCRIBED AS TRACT "A", NUECES VIEW TRACTS AS SHOWN IN VOLUME 28, PAGE 64, NUECES COUNTY, TEXAS, MAP RECORDS, FOR THE PURPOSE OF PROVIDING AN ARCHERY RANGE, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; MARKED EXHIBIT "A". _nutes -- Regular Council Meeting December 10, 1975 Page 9 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. SECOND READING OF AN ORDINANCE FINDING THAT THE BAYFEST '76 ON OCTOBER 1, 2,AND 3, 1976 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF N. SHORELINE TO VEHICULAR TRAFFIC FROM 10AM WEDNESDAY, SEPTEMBER 29, 1976 TO 12:00 NOON MONDAY, OCTOBER 4, 1976, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION AND 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, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. SECOND READING OF AN ORDINANCE AMENDING THE CONTRACT WITH THE NUECES COUNTY MENTAL HEALTH AND MENTAL RETARDATION COMMUNITY CENTER, AUTHORIZED BY ORDINANCE NO. 12811, PASSED AND APPROVED BY THE CITY COUNCIL ON SEPTEMBER 24, 1975, BY AMENDING PARAGRAPH III OF SAID CONTRACT SO AS TO PROVIDE FOR PAYMENT OF $5000 PER MONTH ACCORDING TO MONTHLY BILLINGS FROM THE CENTER FOR THE PERIOD OF AUGUST 1, 1975, THROUGH DECEMBER 31, 1975, AND $3,000 PER MONTH FOR THE PERIOD OF JANUARY 1, 1976, THROUGH JULY 31, 1976, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT TO THE CONTRACT, IN SUBSTANTIALLY THE FORM 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: Tipton, de Ases, Gulley, Lozano and Sample: present and voting "Aye"; Luby and Gill absent. ORDINANCE NO. 12921 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: 1. Molina Drive, from the north right-of-way line West Point Road to the south right-of-way line of Horne Road; 2. Barrera Drive, from the north right-of-way line of West Point Road to the south right-of-way line of Bloomington Street; 3. Angela Drive, from the north right-of-way line of West Point Road to the south right-of-way line of Bloomington Street; and 4. Villareal Drive, from the west right-of-way line of Elvira Drive to approximately 175 feet west of Molina Drive, to connect with the existing improve- ments, in the City of Corpus Christi, Nueces County, Texas; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS 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 follow- ing vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. Minutes -- Regular Council Meeting December 10, 1975 Page 10 RESOLUTION NO. 12922 ADOPTING STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION COMMISSION MINUTE ORDER NO. 70632, DATED NOVEMBER 25, 1975, PERTAINING TO THE JOINT CONSTRUCTION OF IMPROVEMENTS TO LEOPARD STREET (LOOP 407) FROM NORTH BROADWAY TO PALM DRIVE BY THE CITY OF CORPUS CHRISTI AND THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTA- TION, AS MORE FULLY SET FORTH IN SAID MINUTE ORDER, 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 resolution was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. FIRST READING OF AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND THE NUECES RIVER AUTHORITY CONCERNING THE CHOKE CANYON RESERVOIR PROJECT IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. ORDINANCE NO. 12923 AUTHORIZING EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH THE MARSHALL COMPANY FOR CONSTRUCTION OF THE COLE PARK BICENTENNIAL AMPHITHEATER TO PROVIDE CONDUIT AND RECEPTACLES FOR THE FUTURE INSTALLATION OF DIMMERS AND FOOTLIGHTS, A COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPRO- PRIATING $2,069.59 OUT OF THE NO. 291 PARK BOND FUND FOR SAID CHANGE ORDER, APPLI- CABLE TO PROJECT NO. 291-72-8; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. RESOLUTION NO. 12924 CONFIRMING THE APPOINTMENT OF CHARLES A. NICKERSON, III TO THE POSITION OF SUPERIN- TENDENT OF PROGRAMS IN THE PARK AND RECREATION DEPARTMENT BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. ORDINANCE NO. 12925 CLOSING AND ABANDONING THE EXISTING 10 -FOOT UTILITY EASEMENT ABUTTING AND BETWEEN LOTS 1, 2, 3, 4, 5, 6 AND 7, BLOCK 5, COLONIA HIDALGO ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO REPLATTING OF THE PROPERTY BY THE OWNERS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. ,._,lutes -- Regular Council Meeting December 10, 1975 Page 11 ORDINANCE NO. 12926 AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION TO A CURRENT CETA TITLE VI CONTRACT WITH THE CITY OF REFUGIO FOR AN INCREASE OF $10,247 TO A NEW LEVEL OF $23,502 TO PROVIDE THREE ADDITIONAL PSE OCCUPATIONS, AS MORE FULLY OUTLINED AND SET FORTH IN THE MODIFICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS FOR THE IMPLEMENTATION AND ADMINISTRATION OF THE AFORESAID MODIFICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. ORDINANCE NO. 12927 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR RENEWAL OF THE NUECES COUNTY ORGANIZED CRIME CONTROL UNIT, A SUBSTANTIAL COPY OF SAID GRANT APPLICATION BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND AUTHORIZING EXECUTION OF ALL NECESSARY DOCUMENTS TO CONTINUE THE PROGRAM, IF AND WHEN THE GRANT IS APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. RESOLUTION NO. 12928 TO DECLARE A SPECIAL DAY OFF, DECEMBER 26, 1975, FOR THE EMPLOYEES OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolution was passed by the following vote: Tipton, de Ases, Gulley, Lozano and Sample, present and voting "Aye"; Luby and Gill absent. Commissioner de Ases referred to a proposal presented to the Council from Mr. Joe Keliehor requesting that he be considered as Professional Manager of the Oso Municipal Golf Course, and questioned City Manager Townsend if any portion of that memo might make him change his recommendation of awarding the contract to Tom Lawrence. City Manager Townsend replied that he was familiar with the memo and had gone over the proposals with Mr. Keliehor, but that his recommendation still stood. He acknowledged that each of the items in Mr. Keliehor's report should be checked out. Mayor Pro Tem Tipton called for discussion from the audience on any of the ordinances. Addressing himself to Ordinance "d", Tom Lawrence contract, Mr. Francisco Morales appeared before the Council and stated that he has played at Oso for the last 2 1/2 years and that the last couple months have been most enjoyable, with a tremendous amount of improvement to the golf course during that time. He added that he felt that a one-year contract would serve the needs much better than the three-year contract which is proposed. .utes -- Regular Council Meeting December 10, 1975 Page 12 Mr. Joe Keliehor addressed the Council on the same ordinance regarding what Tom Lawrence's responsibilities as golf professional at Oso actually are; he stated that all of the concerns he has brought up relative to Mr. Lawrence's duties as manager have been discounted. City Manager Townsend responded that none of his comments were meant to be interpreted that Mr. Lawrence is not clearly responsible for all areas of activities at the golf course; and that he is absolutely responsible for maintenance of the golf course. He added that Mr. Lawrence is not responsible for whether or not card -playing is allowed at the clubhouse, however, nor for capital improvements such as underground sprinklers, etc. Mr. Keliehor replied that his memo to the Council was the result of direct reports from golfers who come over to his driving range adjacent to the golf course and complain about certain conditions or aspects of Oso. He added that he did not believe it made a good impression on tourists to see gambling going on for hours in the clubhouse; and maintained that these things should be in front of the Council's attention at all times. There being no further discussion regarding the ordinances, Mayor Pro Tem Tipton asked that the Council be polled. City Secretary Read stated that according to his tabulation 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. Mrs. Paul A. Sharrock, 3553 Bluebonnet, Lot 9A, came before the Council again and claimed that she has been discriminated against. She charged that there is raw sewage backing up and running onto her property behind her house from a sewer trap that controls Naylor Circle; and that it has nothing to do with her because her easement is 5' in front. She stated she has no financial problems and is tired of playing funny games; that no one runs over her. City Manager Townsend responded that they would look into the matter and see what could be done. Mr. Bill Sweetland appeared before the Council seeking clarification on an order received from the Building Standards and Housing Board of Appeals regarding his property downtown. City Manager Townsend explained the situation and the recourses available to him. Mr. Tony Craddock, 7417 Whisper Wind, presented a petition from residents of Greenway Gardens and a resolution from the Weldon A. Smith PTA to reduce the speed limit to 35 mph along a portion of Rodd Field Road and thereafter reduce the speed .lutes -- Regular Council Meeting December 10, 1975 Page 13 limit at the Williams Drive school crossing to 20 mph. He stated he had written the Council a letter and attempted to call each of them, and also had tried for some time to get this item on the Council's agenda; and when it did not appear on today's 'agenda, he called the City offices and was told that "it was being restudied in order to build a better case against him." City Manager Townsend explained that the matter was not included on today's agenda simply because of other pressing matters; that it was a very large agenda today, and several other items were not able to be scheduled for today, either. He added that he is awaiting a report from the Traffic Engineer in support of his recommendation to the City Manager, which is a routine procedure. Mr. Craddock continued that he would like to state to the Council that on Friday or Saturday after receipt of his letter the regulatory speed signs of 30 mph were removed from the area, which left that section of the State Highway open at 50 mph. He warned that it is very dangerous for school children as well as motorists; and that since there is some City construction going on at that site, at least some construction warning signs to reduce speed should be posted there. City Manager Townsend responded that the matter would be on next week's agenda. Motion by Gulley, seconded by de Ases and passed, that the Council go into closed session, under Article 6252-17, Section 2E, to discuss pending litigation. The Meeting resumed at 4:35 p.m. City Manager Townsend stated that he has been asked to serve on the Environmental Committee of the U. S. Conference of Mayors which will meet in Washington, D. C., Thursday, December 18; and that if there was no objection, he would attend. City Manager Townsend stated it had been generally agreed that the County should have a representative on the Industrial Commission since the County is indirectly supporting it financially; he recommended that the County Judge be added as a voting ex -officio member, which presently includes the Executive Director of the Navigation District, the President of the Chamber of Commerce, and the City Manager. City Manager Townsend reviewed that the Council had received a letter of resignation from the Clerk of the Municipal Court; also that the term of Judge Cannon would expire 1/16/76 and the term of Judge Flynn would expire 7/1/76. He discussed the terms of these appointments and stated that unless the Council wished to change it, the terms of the new appointments would be two years from the effective date of the ordinance. Commissioner Gulley suggested that the Council wait until after the first of the year to appoint a Clerk to the Municipal Court. City Manager Townsend clarified that the appointment of the Clerk would be for the unexpired term and would coincide with the Council's term of office. s -- Regular Council ___ating L. .oer 10, 1975 Page 14 City Manager Townsend stated he wished to make the Council aware of a controversy concerning City water service for a development adjacent to the City limits. He explained that the ordinance pertaining to same clearly states that when the owner of property adjacent to or within 300 feet of the City limits applies for water service, they must annex Unless the principal activity of their business is port -related. He reviewed that a new company which is building adjacent to the City limits has applied for water service and been denied. It was the staff's opinion that their main business was not port -related. It was decided that individuals who request to be placed on the agenda for the Council Meetings be listed by name on the agenda under "petitions or information from the audience on matters not scheduled on the agenda" and allotted five minutes to speak; after which time the Council could either act on the matter or decide that the person's concern warranted a public hearing, and reschedule it for a future Meeting. It was believed that this procedure would be much more satisfactory to the public because they would be able to present their case to the Council within one week's time, and could be informed immediately that they would be listed on the agenda as the first or second speaker, etc. The question was asked if a response had been sent to Mr. "Bomber" Burns regarding the destruction of the old incinerator. City Manager Townsend replied that Purchasing was contacting him. Mayor Pro Tem Tipton announced a blood drive by the Community Blood Bank on December 16 and 17; and that if the Members of the Council or anyone present wished to give blood, he would be happy to make the arrangements for them. City Secretary Read distributed to the Council a notebook on City Boards and Commissions. There being no further business to come before the Council; on Motion by de Ases, seconded by Sample and passed, the Regular Council Meeting of December 10, 1975, adjourned at 4:47 p.m.