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HomeMy WebLinkAboutMinutes City Council - 06/15/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 15, 1977 2:00 P.M. PRESENT: *Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Pro Tem de Ases called the meeting to order in the Council Chambers of City Hall while Mayor Luby was conducting official business in his office. The invocation was given by Mayor Pro Tem de Ases. City Secretary Bill G. Read called the roll of required Charter Officers and stated that a quorum was present. Motion by Lozano that the minutes of the Regular Council Meetings of May 25 and June 1, 1977 be approved as presented; seconded by Diaz and passed unani- mously. *Mayor Luby arrived at the meeting at 2:05 p.m. Mayor Luby announced that he had presented the following proclamations prior to the meeting: ADA ELLIOTT DAY - Friday, June 17, 1977, and BLACK AWARE- NESS MONTH - June, 1977. Mayor Luby recognized Mr. Wendell Smith, Superintendent of Schools for the Flour Bluff Independent School, who expressed the appreciation of the Board of Trustees, Staff and students for the support of the Council in the morning Workshop Meeting in connection with the proposal for EDA. Mr. Smith stated that he especially wanted to express his appreciation to City Manager Townsend and members of his staff who had provided assistance to the Flour Bluff Independent School District in including their request for funding on the EDA project list. Council Member Sample announced that he had received petitions from The Church of Jesus Christ of Latter -Day Saints requesting that the City Council pro- ceed with whatever steps are necessary to provide sanitary sewer service to the six -acre tract of land owned by The Church of Jesus Christ of Latter Day Saints on Wooldridge Road between Airline and Rodd Field Roads. (Petition #9-77) Minutes Regular Council Meeting June 15, 1977 Page 2 Mayor Luby announced the public hearing on the request of Central Power and Light Company to make a number of revisions in their rate schedule. City Manager Townsend stated that the City has previously denied the rates provided in the rate schedules which Central Power and Light Company is currently requesting to revise, and that this hearing is just a procedural matter and does not affect the rates being charged. Mayor Luby inquired if the representatives of Central Power and Light wished to speak on this matter. No one spoke in regard to the request for revisions. Motion by de Ases that the hearing bec closed; seconded by Gulley, and passed unanimously. Motion by de Ases that the City of Corpus Christi does hereby reject and disapprove the rate changes and tariff revisions proposed by Central Power and Light Company in the statement of intent to change rates filed with said City on April 18, 1977, and that the City Secretary is hereby ordered to deliver and certify a copy of this Resolution to Central Power and Light Company. The motion was seconded by Lozano, and passed unanimously. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations: a. Recommendation that a hearing be held on June 22, 1977 on the appeal of Mr. Robert C. Seeds, Jr., regarding the decision of the Planning Commission on the replat of Lot 6R, Block 10, Schanen Estates West, Unit 10, located at the corner of Woodatone Drive and Locke Lane. Mr. Seeds is appealing the requirement that the corner lot have a 25' setback on both streets. b. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on June 22, 1977 on an amendment to the Storm Sewer Master Plan for the Flour Bluff area. The amendment affects the area northwest of the intersection of Flour Bluff Drive and Yorktown Road. Recent plats in this area have necessitated reevaluation of drainage easement requirements so that the easements are not so located as to sever property. The amendment has been submitted to and approved by the Planning Commission. c. Recommendation that a hearing be held at 2:00 p.m. during the Regular Council Meeting on July 6, 1977 on abandoning the alley in Block 6, Bayview #3 Subdivision, located generally between Hancock Avenue and Buford and between Fifteenth and Sixteenth Streets. The alley has never been opened. The Salvation Army owns the abutting property. All affected departments concur. d. Recommendation that bids be received at 11:00 a.m., Tuesday, July 5, 1977 for 10,400 feet of various sizes of copper tubing (a 3 month's supply) for use by the Water Division. e. Recommendation that two mower trailers for the Park Division be purchased from WATSON DISTRIBUTING COMPANY, INC., San Antonio, on the basis of the only bid received of $2,354. The price reflects a decrease of $38 or approximately 1.59% from the previous purchase in 1976. Minutes Regular Council Meeting June 15, 1977 Page 3 f. Recommendation that a replacement 16 h.p. lawn and garden tractor with 50" rotary mower, for the Oso Wastewater Treatment Plant be purchased from AG -LINE INTERNATIONAL, Corpus Christi, on the basis of low bid of of $1;783.25'iricluding trade-in.' Bids were'received from five firms • Price reflects an increase of $551.60, or approximately 28.5% over previous purchase, excluding trade-in. Recommendation that a 90 day mineral lease underlying a 65.5 acre tract adjacent to Lake Corpus Christi be approved with OMEGA MINERALS, INC. c/o Mr. Ronald Chachere on the basis of the only bid received of a cash bonus of $12.50 per acre or a total of $818.75 with a 3/16th royalty. The lease provides that: g. (1) Any surface use be approved by the Lower Nueces River Water Supply District. (2) A11 City land drilling ordinance requirements must be complied with. (3) Unitization of any portion will only hold the portion so unitized beyond the primary lease. h. Recommendation that the Sidewalk Program Unit VIII be accepted and final payment of $2,878.99, for a total of $26,252.30, be made to B & B Builders. The project included sidewalks on Calallen Drive to serve Mc Gee Elementary School, on Up River Road to serve Savage Lane Elementary, on Carroll Lane to serve Kostoryz Elementary, and on McArdle to serve Central Park Elementary School. It is further recom- mended that the contractor be granted an extension of 18 days,because of continued wet weather during December, January, and February and the addition of Change Order No. 1 which included construction of a sidewalk along the Holiday Inn Emerald -Beach Hotel. i. Recommendation that the Corpus Christi Museum Railroad Station improve- ments be accepted and final payment of $3,949.90, for a total of $15,443.57, be made to Hunt Building Company. The work included construction of an 8' chain link fence enclosing the exhibit, an elevated boardwalk around the railroad cars, a ground level boardwalk between the cars and the railroad - station, and painting of the exterior of the station. The improvements were paid for by a 1971 appropriation of $20,000 for improvements to the exhibit which was donated t� the City by the South Texas Railroad Society. j. Recommendation that Lo -Vaca Gathering Company be reimbursed $22,844.41 for adjusting gas line facilities at the Clarkwood Ditch. This work was approved by Ordinance No. 11635 on August 15, 1973 with the estimated cost being $16,900. The final cost was $27,458.13. The increase is due to delays by Lo -Vaca resulting in price increases for materials and labor and wet weather conditions during relocation. After negotiation, Lo -Vaca has agreed to accept $22,844.41 as full payment for the work sharing in the cost overrun. An additional appropriation of $5,944.41 is needed to supplement previous appropriations. The ditch will be jointly constructed by the City, County and State with the City and County providing the right- of-way and adjusting utilities and the State excavating and constructing the ditch. Minutes June 15, 1977 Regular Council Meeting Page 4 k. Recommendation that the contract for the construction of the Boys Club improvements be awarded to Malek, Inc., for $78,168, subject to the approval of the Department of Housing and Urban Development. The contract includes air conditioning in the auditorium, ventilation and lighting in the gymnasium, replacement of the gymnasium floor and replacement of all ceiling tile in the auditorium. This project is a 2nd Year Community Development project. An appropriation of $84,000 is requested to cover the award of the contract plus engineering fees and related expenses. 1. Recommendation that a contract be executed with the Texas Department of Community Affairs for a non-resident Youth Conservation Corps Program. The program will involve 24 local youth, ages 15 - 18, in a seven week non-residential work/environmental education learning experience. The youth will work on improvements to Parker Memorial Park and the North Beach Breakwater Walkway. The cost of the program will be $25,000 with the City's share being $6,249 consisting of inkind services and materials. City Manager Townsend asked Mr. Terry Dopson, Director of Park and Recrea- tion Department, to briefly describe this program. Mr. Dopson informed the Council that the group will be comprised of 12 girls and 12 boys, with a balance of all social, ethnic and economic backgrounds, who have an interest in environmental education. City Manager Townsend stated that the four staff people involved in this program will also include these qualifications and that the staff employees supervising the youth will be college students and teachers. Mr. Dopson stated that the applicants for the program should apply at the Park and Recreation Depart- ment office at 222 Belden Street. Council Member G111 suggested that a closing day ceremony be planned for the Council to attend to observe the work accomplished by this group of students. m. Recommendation that parking be prohibited on the north side of Padre Island Drive between Stone and Weaver Streets. Because of an increase in traffic volumes on NAS Drive and Padre Island Drive, the State has rechannelized the intersection of the two streets to allow four lanes of traffic to merge into three and then two lanes. The State initiated this request for no parking to complement the channelization improvements. The Traffic Safety Advisory Board so recommends. n. Recommendation that the remainder of Lot 9, Block 18, Forest Park Addition (located on Buffalo Street south of Interstate Highway 37 between Palm Dr. and Stillman Ave.) be sold to Mr. Rudolph G. Mircovich for $50. The Texas Highway Department acquired the major portion of the lot in 1961 as right- of-way for Interstate 37. Mrs. Santos G. Pruitt recently donated the remainder, containing 798 sq. ft. to the City. State statutes authorize the City to sell small tracts incapable of being used independently to abutting property owners without the requirements of bid procedures and publication notices. Mr. Mircovich is the abutting property owner and the only one who can effectively use the property. 4 Minutes Regular Council Meeting June 15, 1977 Page 5 o. Recommendation that a small triangular portion of a 10 -foot utility easement located on Lot 1A, Block 4, Carolyn Heights #3 be abandoned. The easement is unused and all affected departments concur. The portion requested to be closed is approximately one square foot. p. Recommendation that a resolution be approved requesting that the State Department of Highways and Public Transportation construct an off ramp and an on ramp on I. H. 37 east of McKenzie Road. After completing a traffic study, the local office feels the ramps are needed and is prepared to submit the project to their Austin office and the Federal Highway Administration. q. Recommendation that the location for a well by McMoran Exploration Company in State Tract 89 be changed from a directional hole in a regular location ' in the southwest corner of the tract to a straight hole at an irregular location 1550' to the southeast. Attempts to drill the well from two different locations within the designated cluster area for the tract were unsuccessful because of unstable bay floor conditions. Because of this, the Bay Drilling Committee recommends the transfer of the surface location. The new location will become the cluster area for the tract. Mayor Luby questioned this item as to why this company has not been able to locate a well in the tract as designated in their lease, mentioning the fact that a similar request for this company was on the agenda a few weeks ago. City Manager Townsend stated that Mr. Harry Franklin, the City's Petroleum Inspector, and the Bay Drilling Committee recommended the waiver to the cluster requirement in order for this company to stabilize the location of their drilling platform. He stated that he would ask Mr. Franklin to come to the Council Meeting to further explain, the matter. r. Recommendation that the Building Code be amended to change tie down require- ments for unoccupied mobile homes on dealer lots to require frame ties and over -the -top ties only at each corner of the mobile home instead of every 10', and to specify that up to two unoccupied mobile homes on sales lots may be unanchored except during hurricane warnings or alerts. The need for frequent moving of mobile homes due to sales and for display purposes makes the present tie down requirements burdensome and possibly excessive. The • Building Code Board of Appeals so recommends. s. Recommendation that a contract be approved with the Coastal Bend Council of Governments to participate in a grant application to the Criminal Justice Division for high speed teletype units for the police departments in the COG's 12 -county area. The City's portion is $10,107 for the purchase, transportation and installation of the teletype units and one year's maintenance. Eighty-five percent of the cost will be paid by the Criminal Justice Division with the City providing the remaining 15% as a cash match. Under the contract, the COG will submit the grant application, and purchase and have the teletype units installed under a contract with International Communications Corporation. Minutes Regular Council Meeting June 15, 1977 Page 6 t. Recommendation that revised fee schedules for the inspection of milk, milk products and frozen desserts be adopted. The present fees are as follows: Milk producers (dairy farms) Milk distributors (milk plants) Milk producers - distributors Milk dealers Milk dispensers Reinspections Frozen desserts $30 1st 100 gals. then $40 1st 100 gals. then $40 1st 100 gals. then $4/year $12/year $25 None $4 for each 50 $4 for each 25 $4 for each 50 The fees for milk producers and distributors are an annual fee based on the average daily amount of milk distributed in the City. To provide easier and more effective enforcement, it is recommended that the fee basis be changed from gallons to pounds and distributors be charged a fee to cover the cost of inspection of both producers and distributors. Distributors will probably pass the increase back to the producers by charging more to process their milk. The proposed fees are as follows: Milk producers (only if sell to plants not inspected by the City) Milk distributors - I.C.L. Milk distributors - 0.C.L. Milk dealers Milk dispensers Reinspections Frozen Dessert plants - I.C.L. Frozen dessert plants - 0.C.L. Mobile units & counter freezers MILK: $.028/100 lbs./mo. shipped gals. gals. gals. $.025/100 lbs./mo. received or $30/mo. whichever is greater $.028/100 lbs./mo. received or $30/mo. whichever is greater $4/year $12/year $50 for a warning letter; $75 for a degrading letter FROZEN DESSERTS $20 1st 20,000 gals. processed/mo. $.75/1,000 gals. over 20,000 gals. $25 1st 20,000 gals. processed/mo. $.80/1,000 gals. over 20,000 gals. $120/year Current fees cover only 27-1/2% of the inspection cost. The proposed fees will cover approximately 75% of the cost. It is estimated that the new fees will count for only $.0023 per gallon of milk purchased. u. Recommendation that 5' out of a 10' utility easement in Lot 13A, Block 7, Western Hills #2, located generally between Violet and Callicoate Roads, south of Leopard Street, be closed and abandoned. All affected departments concur. Because a 4 -inch gas line is in the 5 -foot easement adjacent to the 5' to be abandoned, and because of a building encroachment over the 5' ease- ment to be abandoned, the builder has agreed to hold the City harmless for any damages to improvements in the portion of the easement being abandoned and to pay for any additional costs incurred by the Gas Division in mainten- ance of the line for 10 years or until the property adjacent to this 1.ot Is platted and an additional 5' easement is obtained. Minutes Regular Council Meeting June 15, 1977 Page 7 Mayor Luby called for discussion of the City Manager's Reports by the Council. City Manager Townsend stated that in response to the Council's request of last week for comparison inspection charges on counter freezers (Item "t"),the staff had obtained information from the following cities: Fort Worth - $10 inspection fee for each machine and $60 for each food establishment; Houston - $25 per machine per year; and San Antonio - $60 per year for each food establish- ment and $10 per year if the establishment contains freezer dispensers. Council Member Diaz inquired about the reason for the recommended increases in inspection fees for this City. City Manager Townsend informed Mr. Diaz that this proposed increase was requested by the Council last year during the budget discussions in an effort to reduce the deficit in the Milk Inspection Division. Council Member Diaz asked if the increased cost would be passed on to the consumer. City Manager Townsend indicated that he had no way of knowing this, but he assumed that the milk producers would pass on these costs to the consumer. Mr. Townsend stated that this is a policy decision for the Council to make as to whether the inspection expense should be borne by the milk producers, and conse- quently by the consumer, or if the expense should be borne by general taxation. Council Member Gulley emphasized that the funds from the general fund have been used to subsidize the cost of milk inspection at a cost of approximately $50,000 a year, and the question is whether this should come from the general tax fund or whether the milk industry should pay this cost. He stated that the increase is less that ;4 per gallon and questioned whether the general public should be required to pay $50,000 a year for these inspections. Council Member Sample disagreed with Council Member Gulley because he stated that he would like to see industry prosper and this increase might discourage local milk industries. He also pointed out that the consumer would eventually pay for the inspection increase through higher milk prices. Mayor Luby indicated that he is opposed to this increase. Minutes Regular Council Meeting June 15, 1977 Page 8 In further discussion of Item "t", Mayor Pro Tem de Ases inquired about the meaning of the reinspection charges, particularly the term "degrading letter." City Manager Townsend explained that this possibly is not a good term and that the process involved infractions discovered during an inspection, which prompted a warning letter, and further, if the situation is not corrected, it is necessary to issue a letter degrading the producers' facilities. Mayor Pro Tem de Ases stated that he believes this inspection cost increase is an exercise in semantics as to who will pay for this, and obviously, either way, the consumer will pay for the inspection costs. He further stated that he assumes that the level of inspection will be the same and that the Council had received letters from representatives of the milk industry in which they stated that the number of sites to be inspected have been greatly reduced and some of the tests may be unnecessary. City Manager Townsend stated that the City employs only three inspectors, and it is necessary for them to make more trips to the dairy farms to conform with State laws. Council Member Gill inquired about the required number of reinspections. Mr. Dayton Gregorczyk, Supervisor of Veterinary Services, whose department is in charge of milk inspections, informed Council Member Gill that if when inspec- tions are made of farms, everything is in compliance with the regulations, no return trips, warning letters or degrading letters are necessary. He indicated that his division issues an average of ten such letters a month. Council Member Gill addressed the portion of this item relative to frozen desserts, inquiring about the number of places of business dispensing such food items and stating that she feels that frozen desserts are not a necessity and the inspection fees for these should be borne by the merchants. Mr. Gregorczyk stated that there are 53 places of business that dispense frozen desserts. In regard to Item "j", Council Member Gill inquired if this is the usual procedure for the City to pay one-half of the cost when contractors incur delays in construction, as is recommended for Lo -Vaca Gathering Company, in connection Minutes Regular Council Meeting June 15, 1977 Page 9 with adjustment of gas line facilities at the Clarkwood Ditch. City Manager Townsend stated that this is a compromise since there is no way of knowing the cost of the adjustment if the work had been done expeditiously. Council Member Gill questioned the City Manager in regard to Item "i", which accepts the Corpus. Christi Museum Railroad Station improvements, inquiring if a tour or opening day activities are planned. City Manager Townsend stated that he will provide a report on this as soon as possible. Further discussion followed in regard to Item "t", which proposes increases in inspection fees for milk producers and distributors. Mayor Luby called for discussion from members of the audience on the City Manager's Reports. Discussion followed in regard to Item "t", which recommended revised fee schedules for the inspection of milk, milk products and frozen desserts. Mr. Alvin A. Goldapp, 6069 Airstream, of the Borden Company spoke in oppo- sition to this recommendation. Mr. Goldapp read his statement of opposition and pointed out that his company denies the allegation that the City bearing most of the cost of inspections is a subsidy of the milk industry. He also stated that their company produces a superior quality of milk and maintain even stricter standards thanthose required by the City; therefore, the company does not bene- fit from the inspections performed by City inspectors. He further emphasized that they feel that the increases are unreasonable and also pointed out that the milk industries generate enough taxes to offset the cost of inspection. He also mentioned the fact that the City at this time is inspecting fewer dairy firms than they have in the past and questioned the need for an increase now. Mayor Pro Tem de Ases stated that the Council desires to create an atmos- phere to encourage industry but the City must maintain the health of the citizens. City Manager Townsend questioned Mr. Goldapp as to the consequences if the City did not have this inspection service. Mr. Goldapp stated that he under- stands that some cities operate under the auspices of the Department of Agricul- ture. Mr. Townsend informed him that every city in the State charges for these inspections. Minutes Regular Council Meeting June 15, 1977 Page 10 Mr. Randy Moravec, Administrative Assistant in the Budget Office, stated that the Department of Agriculture expects cities that have health departments to conduct inspections of the dairy process. Mr. Richard Dickey, 5017 Cascade, representative of Whataburger, Inc., spoke in opposition to the increase in inspection fees and stated that he feels the proposed increases are unreasonable. Mr. Ross Trigg, 518 Sorrell, Division Manager of Hygeia Dairy Company, related the history of his company and expressed opposition to the proposed increases. He explained the cleaning facilities used by his company in their plants and stated that their standards are much more stringent than those required by the City Code. He also pointed out that the cost of milk products would increase if inspection costs are increased. Mr. Trigg informed the Council that the local dairies are in a competitive situation because milk produced in the northern part of the State can be purchased for less than that produced locally. City Manager Townsend inquired of Mr. Trigg as to what would be required to equalize the price of milk and if there had been any efforts to decrease the price of milk locally. Council Member Gulley inquired about how much price increase was antici- pated by the milk producers to offset the increase in inspection fees. Mr. Trigg indicated that it would be a small increase at this time. Council Member Gulley reiterated that the increased inspection fees would cost the producer less that 14fi per gallon, and even four times that figure would only be 1C. Motion by Gulley that the City Manager's Reports, Items "a" through "u", with the exception of Item "q" which will be considered later in the meeting, be accepted; seconded by Lozano, and Items "a" through "p", and Items "r", "s" and "u" were approved, with de Ases abstaining on Item "c", stating that he is a member of the Board of The Salvation Army. Item "t" failed to pass by the following vote: Gulley voting "Aye"; Luby, de Ases, Diaz, Gill, Lozano and Sample voting "No". City Manager Townsend inquired of the Council if they had any recommenda- tions in regard to the milk inspection fee increase in line with the discussion as it pertains to reinspections and the mobile units and counter freezers. Minutes Regular Council Meeting June 15, 1977 Page 11 Council Member Gill moved that there be no increased cost of inspection of milk but that reinspection fees be increased as suggested and that some charge for inspection of mobile units and counter freezers be considered, but that this fee should be less than the suggested $120 per year; motion seconded by Diaz. Discussion followed on this motion. Mr. Moravec, of the Budget Depart- ment, informed the Council that it had been determined that the freezers consti- tute a major problem with bacterial count and inspection fees possibly should be increased. Mr. Moravec also mentioned that in the proposed ordinance, a clause is included in which the City is allowed to examine the books in regard to ship- ping records and inquired if this clause should be included in the ordinance proposed by Council Member Gill's motion. City Manager Townsend informed him that this clause is probably in the ordinance already. Mr. Carl Salinger, 4325 Ocean Drive, of the Borden Company, stated that his company has no objection to the City inspecting those parts of their records that pertain to inspections. Discussion followed as to whether or not the ordinance should designate quantities of milk in pounds rather than gallons. Mr. Don Shelton, 4117 Harry, of the Hygeia Dairy Company, pointed out that producers are paying permit fees per gallon and that he felt if pounds are used as measurements, this process would be more complicated. Mr. Shelton also stated that since the proposed ordinance affected the milk producers, they should be allowed time to express their opinions. City Manager Townsend stated that any proposed ordinance will be on a three -reading basis, and they will have ample time to appear if they desire. Mayor Luby called for the vote on Council Member Gill's motion. The motion passed by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". In regard to Item "q" dealing with the request of McMoran Exploration Company, Mr. Harry Franklin appeared to explain the company's problems in con- nection with their drilling operations in the bay. Minutes Regular Council Meeting June 15, 1977 Page 12 Mr. Franklin explained that the McMoran Exploration Company has the minerals under lease until July 2, 1977, and if they do not start drilling operations, the lease will revert back to the United States. He stated that the company will be available to drill in the new location in about five days. He further explained that the base for their platform in the bay is not stable and they feel sure that the new location will provide a stable base. Mayor Luby stated that he does not feel that this request should be granted and he will not allow an ordinance to be approved on an emergency basis. City Manager Townsend stated that this approval does require an ordinance, but simply a motion by the Council. Mayor Luby inquired about the dual clusters. Mr. Franklin explained the cluster arrangement in the State Tracts. Mayor Luby indicated that he wanted time to study this before approving this recommendation. Council Member Sample asked Mr. Franklin if a delay will inconvenience the McMoran Company in regard to money. Mr. Franklin stated that July 2 is the deadline on the mineral lease for this company, and a six-day delay will cost the company approximately $24,000. Motion by de Ases that Item "q" of the City Manager's Reports be approved; seconded by Gill. Mayor Luby reiterated that the Council needs to know more about this com- pany and their drilling operation and requested a full report on them. He stated that he appoints members to the Bay Drilling Committee and he wants to know just what the problem consists of. City Manager Townsend stated that Mr. Harry Franklin and the Bay Drilling Committee investigate all companies before permits are approved and they have done so in this case. Mayor Luby called for the vote on Mayor Pro Tem de Ases' motion to approve Item "q" of the City Manager's Reports. The motion was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". Minutes Regular Council Meeting June 15, 1977 Page 13 Mayor Luby again inquired why approval of the change of location in the bay for this company does not require an ordinance and asked for a ruling from City Attorney Aycock on this. (Shortly thereafter, City Attorney Aycock pointed out to Mayor Luby the article in the City Code•peftaining to this.) City Manager Townsend stated that the next item on the agenda is the pending application of Seaview Medical Enterprises, Inc., from "SP" to "AB" on the southeast side of the 4600 block of Weber Road between Barnes Street and Bradford Drive. He stated that a public hearing was held on this application on May 25, 1977, at which time the application was tabled for one week pending a deter- mination as to whether the 20% rule is in effect and that it was later further tabled until a full Council could be present. Mr. Townsend also stated that on June 8, 1977, a special permit was granted for a hospital and two-story medical office building, subject to Council approval of the site plan. He informed the Council that the applicant now has the site plan to be presented for their approval. Mr. Jack Solka, 4707 Everhart, architect for the applicant, presented the site plan to the Council, stating that the first and second floors have been extended to take care of facilities proposed for the third floor and that the appearance will be generally the same except that the building will be about 24 feet high. Motion by Gulley that the site plan for the Physicians and Surgeons Hospital be approved as presented; seconded by de Ases, and passed unanimously. City Manager Townsend announced the pending zoning application of Mr. Mike Contrera Molina for change of zoning from "R -1B" to "B-4", located along the south side of Agarito Street, approximately 59 feet east of Sabinas Street. Mr. Townsend stated that this case was heard on June 1, 1977 and denied, but in lieu thereof a special permit was granted for an automotive body repair shop, subject to an appro- priate plan. He indicated that the applicant has submitted a site plan for the Council's approval and presented it to the Council. Motion by Sample that the site plan for Mr. Mike Contrera Molina's automo- tive body repair shop be approved as presented; seconded by Gulley, and passed unanimously. Minutes Regular Council Meeting June 15, 1977 Page 14 City Manager Townsend next presented the ordinances for Council approval. Mr. Townsend mentioned that the ordinances listed as Items "e" and "f" in regard to the number of electrical apprentices list two to one ratio and three to one ratio. Mr. Townsend stated that the Electrical Licensing Ordinance had been dis- cussed by staff members and it is their opinion that the question is not whether the ratio is two or three, but that the most important issue is the time it takes for a journeyman to be allowed to take the examination following an apprentice program. He stated that it is the staff's recommendation that the examinations be given at a definite time so that licenses may be issued in a day or two. The City Manager also indicated that it is the staff's recommendation that four years' apprenticeship is not a measurement of the ability of an apprentice to do his task, but that the important requirement should be the quality of the apprenticeship. He suggested that the length of time for the apprenticeship program should be reduced if the applicants have completed a specific training program,and further, the testing should include some physical demonstration of their training. City Manager Townsend summarized that the number of apprentices allowed to work under the supervision of a journeyman or master electrician is not too important, but rather, the ordinance should require formal training including some mechanical work. Council Member Gulley stated that the ratio of apprentices to journeyman or master electrician is the question at this time, and the changes in require- ments for the apprenticeship program should be discussed at a later date. Mayor Pro Tem de Ases suggested that it would be a more orderly procedure if all of these amendments are included in the ordinance dealing with the number of apprentices. City Manager Townsend stated that it is the staff's opinion that the ratio of three or two are satisfactory, but they have suggested that the training process is more important. Council Members Gulley and Diaz stated that the concern at this time is the ratio and that the process of examination should be considered at a later date. Minutes Regular Council Meeting June 15, 1977 Page 15 Motion by Gulley that Ordinance "e", which specifies two apprentices to one journeyman or master electrician, be withdrawn; seconded by Diaz. Council Member Gill reminded City Manager Townsend that she had requested a report from the Chief Electrical Inspector. City Manager Townsend stated that Mr. Bill Hennings is the Director of Inspections and Operations and he was present to provide the views of Mr. Benny Mullinex, Chief Electrical Inspector, who works under the supervision of Mr. Nick Fernandez of Mr. Hennings' department. Mr. Hennings spoke at this time and assured the Council that he had dis- cussed this matter with both Mr. Mullinex and Mr. Fernandez, and they all agreed that they would like to see stricter licensing and stricter regulations. They felt that the number of apprentices is immaterial, because the inspectors have to inspect the electrical work anyway, and their only concern is that the work be performed properly. Mayor Luby called for the vote on Council Member Gulley's motion that the ordinance listed as Item "e" be withdrawn, and the motion passed by the fol- lowing vote: Diaz, Gulley, Lozano and Sample voting "Aye"; Luby, de Ases and Gill voting "No". Mayor Pro Tem .de Ases inquired of City Manager Townsend if the staff's recommendations concerning the apprenticeship program will be presented to the Electrical Advisory Board for their consideration. Mr. Townsend assured him that it will be presented to the Board within the next week. Mayor Luby called for discussion from the audience on the ordinances. The following members of the audience spoke in regard to the ordinance listed as Item "f", which provides for up to three apprentices to work under the on-site superivision of a journeyman or master electrician. Mr. David Perry, representative of the electricians opposing this ordi- nance, introduced Mr. James M. Green, who is with the U. S. Department of Labor's Bureau of Apprenticeship. Mr. Green stated that he feels that the Council is not aware of what apprenticeship is and pointed out that the Department of Labor guidelines for public buildings funded by the Federal government specify a one to one ratio for Minutes Regular Council Meeting June 15, 1977 Page 16 electrical apprentices, and the Federal Government will not allow a ratio of more than that. Mr. Green further stated that he felt that there is no need to have a provision in the licensing ordinance in regard to apprentices, and that when apprentices are in their third year of apprenticeship, they are allowed to work at a ratio of 2 or 3 to 1. Council Member Diaz informed Mr. Green that the Council is concerned about the safety of the citizens, and the proposed ordinance is to prevent any more than three apprentices working under the supervision of a journeyman or master electri- cian. City Manager Townsend took exception to Mr. Green's statement that appren- tices who are in their third year of apprenticeship are allowed to work at a ratio of 2 or 3 to 1, pointing out that this is in violation of the existing City ordi- nance. Mr. Perry then introduced a Mr. Randolph of the State Board of Insurance, who read a statement in regard to reports of fire losses in certain cities and explained how these reports affect insurance rates in the various cities. Council Members Sample and Lozano inquired of Mr. Randolph what this has to do with the proposed ratio of apprentices which was under discussion. Mr. Randolph stated that he did not know, that he was just asked to speak. Mr. Keith Barkley, Representative of the National Electrical Contractors Association, addressed the Council and stated that he is concerned with the safety of the industry and indicated that he agrees that a strict ordinance is in the best interest of everyone. Mr. Barkley expressed the opinion that the present ordinance is a good, safe ordinance for electrical work. Mr. Perry was the final speaker opposing the amendment to the electrical ordinance. He stated that there is no way a journeyman or master electrician can properly supervise as many as three apprentices. Mr. Perry indicated that his clients are especially interested in safety of the public. He stated that the gentlemen who have spoken in opposition to this ordinance are unbiased, well- informed individuals who share this concern for safety. Mr. Perry reminded the Minutes Regular Council Meeting June 15, 1977 Page 17 Council that he had previously recommended bonding requirements for electrical workers and that he feels that testing improvements are a good idea. He alleged that all of the presentations made over the papt few weeks in favor of the amend- ments to the Electrical Licensing Ordinance were by special interest groups and primarily aimed against the labor union. He urged the Council to vote against the amendment to the ordinance. He stated that neither he nor the union people who are opposed to this ordinance had supported most of the Council Members in the recent election, but reminded the Council that he had spoken at the Council Meet- ing when they were sworn in pledging his support. He reiterated that he hoped the Council would consider all of the unbiased testimony in opposition to the ordinance and alleged that most of the people who had spoken in favor of the ordinance were disreputable electricians or owners of construction or electrical companies who would misuse the apprentice ratio if it is passed. Mr. Michael Kendrick, 1020 Bank and Trust Tower, took strong exception to Mr. Perry's statements about the qualifications and intentions of those who had spoken in favor of the 3 to 1 ratio of apprentices. Mr. Kendrick, who represents a group of contractors who are in favor of the amendment to the ordinance, refuted the charges made by Mr. Perry and mentioned the many outstanding citizens who had spoken in favor of the ordinance. Mr. Philip Benavides, journeyman and master electrician, stated that he could handle three apprentices on some jobs, but on some, he would prefer to work with only one and pointed out that this should be left to the discretion of the contractor who would be responsible for the electrical work performed. Mr. Orville Tipton, journeyman electrician, stated that he felt that he could handle three apprentices on a number of jobs. There was no further discussion on the ordinances, and City Secretary Read called for the vote of the Council. The following ordinances were approved by the vote indicated: FIRST READING AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON THE NORTH SIDE OF SOUTH PADRE ISLAND DRIVE, FROM 100 FEET EAST OF THE RIGHT-OF-WAY LINE OF STONE STREET TO THE EAST RIGHT-OF-WAY LINE OF WEAVER STREET;. AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting June 15, 1977 Page 18 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". FIRST READING: AMENDING THE BUILDING CODE OF THE CITY OF CORPUS CHRISTI, AS ADOPTED BY ORDINANCE NO. 12604, PASSED AND APPROVED BY THE CITY COUNCIL ON APRIL 23, 1975, BY AMENDING SECTION I-7 OF APPENDIX I THEREOF, BY ADDING A NEW PARAGRAPH TO BE NUMBERED "g" SO AS TO PROVIDE FOR EXCEPTIONS FOR MOBILE HOME TIE DOWNS ON DEALER LOTS; PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR PUBLICATION BY NOTICE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Luby, de Ases, Diaz, Gulley, Lozano and Sample voting "Aye" and Gill abstaining. FIRST READING: AMENDING SECTION 13-74, SUPERVISION OF AND RESPONSIBILITY FOR WORK, OF ARTICLE III, ELECTRICAL; DIVISION 1, LICENSING, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO HEREAFTER PROVIDE FOR UP TO THREE (3) APPRENTICES TO BE PER- MITTED TO WORK UNDER THE ON-SITE SUPERVISION OF A MASTER OR JOURNEYMAN ELECTRICIAN; 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: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye" Luby and Gill voting "No". THIRD READING - ORDINANCE N0. 13784 APPROPRIATING $30,850 OUT OF THE AIRPORT BOND FUND FOR CALICHE AND ASPHALT TO PRO- VIDE AN ADDITIONAL 125 PARKING SPACES AT THE REAR OF THE EXISTING PARKING LOT AT THE INTERNATIONAL AIRPORT, PROJECT N0. 245-68-27 The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "No". (Mayor Luby indicated his intention to veto the foregoing ordinance.) ORDINANCE NO. 13785 APPROPRIATING $5,944.41 OUT OF THE NO. 295 STORM SEWER BOND FUND TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 11635, REQUIRED FOR ADJUSTMENT OF THE COMPRESSOR STATION ON THE CIARKWOOD DRAINAGE DITCH, PROJECT NO. 295-67-46.-1, PAYABLE TO LO-VACA GATHERING SYSTEM: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE N0. 13786 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MALEK, INC., FOR IMPROVE- MENTS TO THE CORPUS CHRISTI BOYS' CLUB; APPROPRIATING A TOTAL OF $84,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 501, PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS, OF WHICH $78,160 IS FOR THE CONSTRUCTION CONTRACT AND $5,840 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE N0. 13787 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR A NONRESIDENT YOUTH CONSERVATION CORPS PROGRAM FORA SEVEN - WEEK WORK/ENVIRONMENTAL EDUCATION LEARNING EXPERIENCE INVOLVING LOCAL YOUTHS; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. Regular Council Meeting June 15, 1977 Page 19 The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13788 AUTHORIZING THE CITY MANAGER TO CONVEY TO RUDOLPH G. MIRCOVICH A TRACT OF LAND DESCRIBED AS THE REMAINDER OF LOT 9, BLOCK 18, FOREST PARK ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON THE PAYMENT OF $50 CASH CONSIDERATION FOR SAID PARCEL, A COPY OF INSTRUMENT CONVEYING THE SAME BEING 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13789 CLOSING AND ABANDONING THE EXISTING TRIANGULAR PORTION OF A 10 -FOOT UTILITY EASE- MENT, MORE FULLY DESCRIBED HEREINAFTER, LOCATED ON LOT IA, BLOCK 4, CAROLYN HEIGHTS NO. 3, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". RESOLUTION NO, 13790 EXPRESSING THE DESIRE OF THE CITY COUNCIL OF CORPUS CHRISTI TO IMPROVE THE ACCESS- IBILITY TO I.H. 37 EXPRESSWAY AT McKENZIE ROAD; AND FURTHER REQUESTING THAT THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION CONSTRUCT AN OFF RAMP AND AN ON RAMP ON I.H. 37 EXPRESSWAY EAST OF McKENZIE ROAD. The Charter Rule was suspended and the foregoing resolution -was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13791 AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND OMEGA MINERALS, INC., C/0 RONALD CHACHERE, OF CORPUS CHRISTI FOR THE PURPOSE OF INVESTIGATING, EXPLORING, PROSPECTING, DRILLING AND MINING FOR AND PRODUCING OIL AND GAS BENEATH THE SURFACE OF THAT TRACT OR PARCEL OF LAND DESCRIBED AS 65.5 ACRES OF LAND BEING THE SAME LAND DESCRIBED INA CERTAIN DEED DATED AUGUST 14, 1934, FROM ARTHUR C. JONES TO THE CITY OF CORPUS CHRISTI, RECORDED IN VOLUME 105, AT PAGES 153-154 OF THE DEED RECORDS OF SAN PATRICIO COUNTY, TEXAS OWNED BY THE CITY OF CORPUS CHRISTI, ADJACENT TO LAKE CORPUS CHRISTI, AND BEING FOR A TERM OF 90 DAYS, COMMENCING WITH THE DATE OF EXECUTION OF THE SAID OIL AND GAS LEASE, A SUBSTANTIVE COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13792 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR PARTICIPATION IN THE COG'S GRANT APPLICATION TO THE CRIMINAL JUSTICE DIVISION FOR THE INSTALLATION OF HIGH-SPEED TELETYPE UNITS FOR THE POLICE DEPARTMENTS IN THE 12 -COUNTY COG AREA, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTAN- TIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Minutes Regular Council Meeting June 15, 1977 Page 20 ORDINANCE NO. 13793 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF MIKE CONTRERA MOLINA BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTOMOTIVE BODY AND RUST REPAIR SHOP ON LOT 11, BLOCK 2, LEARY ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13794 AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF SEAVIEW MEDICAL ENTERPRISES, INC., BY GRANTING A SPECIAL COUNCIL PERMIT FOR CONSTRUCTION AND MAIN- TENANCE OF A HOSPITAL COMPLEX ON THE EDWIN E. CONNOR TRACT, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, ALL AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EX- HIBIT "B", SUBJECT TO THE INDEMNIFICATION AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND PARKVIEW GENERAL HOSPITAL, INC., A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13795 CLOSING AND ABANDONING FIVE FEET OF A TEN -FOOT UTILITY EASEMENT IN LOT 13A, BLOCK 7, WESTERN HILLS UNIT 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, SUBJECT TO EXECUTION OF AN AGREEMENT BY THE BUILDER OF A HOUSE ON THE LOT TO HOLD HARMLESS THE CITY FOR ANY DAMAGES TO IMPROVEMENTS ON THE LOT INCURRED BY REASON OF MAINTENANCE AND SERVICE ON A GAS UTILITY LINE IN THE REMAINING FIVE FEET OF THE EASEMENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the follow- ing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Mayor Luby called for petitions or discussion from members of the audience. There was no response. City Manager Townsend reminded the Council of the meeting with the Planning Commission on Thursday, June 16, 1977, at 5:30 p.m. at the Sheraton -Marina Inn. City Manager Townsend presented the Council with further information from City Attorney Aycock on public officials liability insurance. Mr. Townsend also presented to the Council a brochure entitled "Evaluating the Chief Administrator". There being no further business to come before the Council, on motion by de Ases, seconded by Diaz, the meeting was adjourned at 6:37 p.m. June 15, 1977.