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HomeMy WebLinkAboutMinutes City Council - 06/29/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JUNE 29, 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 Hall. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chamber of City The invocation was given by the Reverend John Stuckey, pastor of the Norton Street Church of Christ. City Secretary Read called the roll of required Charter Officers and stated that a quorum was present to conduct a legally constituted meeting. Motion by Lozano that the minutes of the Special Meetings of June 3 and June 15, 1977 and the Regular Meeting of June 8, 1977 be approved as presented; seconded by Diaz, and passed unanimously. Mayor Luby introduced the members of Boy Scout Troop 6, sponsored by the Oak Park Methodist Church, who were in attendance at the meeting in the interest of obtaining merit badges. City Manager Townsend announced that the previously scheduled public hearing on the appeal of the decision of the Petroleum Superintendent to deny a permit sought by Bay Rock Corporation to re-enter a formerly plugged and abandoned well near the intersection of Clarkwood Road and Highway 44 had been canceled.. Mr. Townsend explained that the permit had been denied because the well is located less than the 200' minimum requirement from a structure intended for human occupancy of the Land Drilling Ordinance and that the hearing is unnec- essary since the owner of the building had signed a waiver. Mayor Luby announced that the following proclamations had been issued: INDEPENDENCE BELLRINGING DAY - Monday, July 4, 1977, and TEXAS JAZZ MONTH - July, 1977. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and discussion: MICROFILMED SEP 03 1980 Minutes Regular Council Meeting June 29, 1977 , Page 2 a. Recommendation that a public hearing be held at 2:00 p.m., Wednesday, July 13, 1977 on the revrnue sharing budget for 1977-78 and that a public hearing be set for 2:00 p.m., Wednesday, July 27, 1977 on the adoption of the budget for the City of Corpus Christi for 1977-78. b. Recommendation that bids be received at 11:00 A.M., Tuesday, July 19, 1977 for automatic transmission repairs for an 11 month period. Maintenance Services is not staffed or equipped to overhaul automatic transmissions. c. Recommendation that bids be received at 11:00 A.M., Tuesday, July 19, 1977 to furnish labor, material and equipment to repair and surface the roadway at Wesley Seale Dam between the outlet tower and the county road. No bids were received on June 21, 1977. However, a contractor in the Mathis area has expressed interest in bidding but did not because he did not receive the specifications in time to bid by mail. d. Recommendation that a contract for cleaning, sandblasting and painting 8 elevated chemical storage hoppers at the Stevens Filter Plant be awarded THE LANKFORD COMPANY, Corpus Christi, on the basis of low bid of $38,825. Bids were received from four firma. e. Recommendation that two replacement and two additional carbon aac.spotlights, be purchased from SOUTHWESTERN THEATRE SUPPLY, Houston, on the basis of low bid of $15,429.12. Bids were received from 4 firms. The replacement lights are for the Coliseum and will replace units which are 22 years old. The two additional lights are for the Community Auditorium. f. Recommendation that an estimated nix months supply of automotive parts for Maintenance Services and the Transit and Fire Department garages be purchased from the following firms on the basis of low bid: JOBBERS WAREHOUSE, Corpus Christi LOT I Chassis Parts $1,150.00 LOT VII Rubber Products 1,800.00 LOT VIII Hose Clamps 300.00 LOT IR Shock Absorbers 2,600.00 LOT X U -Joints 650.00 Est. Total $6,500.00 MOTOR PARTS CO., Corpus Christi LOT II Miniature & Sealed Beam Lamps, Flashers $1,650.00 LOT III Exhaust System Parts 4,000.00 LOT V Brake Parts 4,800.00 LOT XI Windshield Wiper Blades 1,100.00 LOT XII Caps and Thermostats 250.00 LOT XIII Fuel Pumps 250.00 LOT XIV Wire Sets 2,000.00 LOT XVIII Gaskets 300.00 Eat. Total $14,350.00 HOLLIS NEESE AUTO PARTS, Corpus Christi LOT XVI Reflectors, Mirrors & Lena $2,500.00 LOT XVII Switches - Universal Type 470.00 Est. Total---- $2,970.00 Minutes Regular Council Meeting June 29, 1977 Page 3 g. ALPRIN SUPPLY, Corpus Christi L LOT IV Clutch Parts $ 2,800.00 LOT VI - Alternators, Starters & Pumps 6,800.00 LOT XV Bearings & Seals 7rTF T' _ . 2x.,1;050.00 Est. Total "$10;650.00 rat Xis; dklts zsra GRAND TOTAL $34,4.70.00 r'XI XII, VR/ J:crrJ,a SID OU Bid'si:waY6 received• -from' 5fiiins: °;It' -i's estimated that's" 5% savings results by taking c'ompetitive1bidd oii'auto eupplies:0'On :"0.1' A Rr'r T ^r•Te �'F47'0+7 Recommendation that-th_e'Aiiiiae'-Subdivision Sanitary:Sew"er Improvements be accepted and final paymenf'of $5,782.12 be authorize"d- to Cactus Utility Company. The contractor completed the'project within the allotted time. The project,is funded from the second year Community Development Program :,(at:a total cost(of'$25,758:68). h. Recommendation that the General Fund 66'�ieimburse3,:$116'693.49 for engineering services for various -Bond and Community Development=4projects during February, March,.and April, 1977'and-7tHaf'an additional $100,660:57 be appropriated to:aupple'ment $16,032:92autexisting appropriationst0•Reimbursements include the following work::'-Streefk($59;934.56); Bridgel'($1 390.55); Airport ($883.78); Sanitary Sewer ($111576.31)': -and Storm Sewer ($3 67.1.35)'. Total reimbursements from the Community Development Block Grant are $23,204.02 which include 'Airline Gatdeaa':Sanifiry'•Sewer3.($2,986.26); Boys' Club ($1,031.55); Calallen/ ' San Carlos Sanitary Sewer ($7,902.40); Corpus Christi Beach Drainage ($8,202.70); Land Land:Acquisitions($3,081-:11):sara o{ row p{Q= ;tx,Jecc;rsir n %gmATrfe, :+({ cps xtfin;elr sarq'1Ise DsbsxCtc.u( BvxJat.e pt - Recommendation that •ancEscrow;rAgreement:4be;. approvedv4withf,the State-epartment of Highways and Public Transportation for construction of South,DStapies'from Rinney"to"17Th Street sad Alameda `fiomJrSouth' Staples-tb Louisiana Street and that $16;300 bel''appropriated%for'the'Cii r' rsh .ii of-cone'tWctiohlbosts-which incl'ude�raieingFinanhoTes,"`valve°boxes; and ifire-eadjustmerit .tTThe project+is funded jointly' by the" CityF and +the'rstate=uudei `the=Urban"-SystemieTtogram; "with a total project cost"estimated'to be--$502,000.'1Tr41ueJ tex.rou nr.0 ebag7;4;+>' j. .Reenda't�ion�tht'a g arant application be submitted to the Urban Mase TrcommansportatioJi Administiatj,d =for 'a' grant'of i$20'1,'000; fo'r`= assistance iti transit t c. w.^ r ,..e o - pl'anning:with a•matching 'share of'$5,000Jrto,be p=odided 'services `{ by the City` for"7a' one 'year period beginning `September' l,'" 1977.'' Planning must continue to maintain City elegibility for urban systems funds for highway :aad• street improvements' and' operating and'capital assistance for the Transit dystem.�„ Among the' tasks to be `undertakenrar"e !development of ra' traasit'marketing program and 'a study of the' transportation needs' of eh' elderlyand•'handicapped. e; •2c- r. .. .,c.; sl,.. , ,ixj..c 4onr,. ::rt:: nib conwA ..n}q° M go coAvZv ispar.' r�Jsc .' ad•i{',:crit ro 4uq enrInce xn•rir:a, c k. rRecommenda£ion''that`Activity 3330'7(Idenfifieition)"of"the` Pdlice'Depaitment budget for 1976-77 be amended by deleting the uniformed position of "Identification_ Supervisoraneb`y-addingcthe`'-noir=polic"e=classification'of T`•ldenti.fication Analyst:"' r"701 VOL "u Tr tmsrrp 4,6J-{oq• y,'s-{:JFe duce p. .,t n . -, ,i . i 'i''r r- rT:00 —w .Lneaq',. 1n1-21 1. Recommendation that a water purchase contract between Taft and the Rincon Water'Supply Corporation be`app=oved.CcThe'cor'po`fition'isecomposed of ' property owners conducting''faimirig and`raric1i ng"operations lixiMani area ?'generaliy'no=th'af the highway beiWieirTaft"'and Gregor9':a'1 Taft purchases J• a tre'a'ted water from the San Patricio Municipar wiear'Dis[ricf'and-proposes to sell a maximum of 1,500,000 gallons per month to the corporation. Corpus Christi's water supply contract with San Patricio Water District requires approval by•therCity for all water contracts entered wherein a „ane municipal customer of the district wishes to resell to other parties. ,,,Taftand the San Patricio District have approved this contract. Vr'JJ. Minutes Regular Council Meeting June 29, 1977 Page 4 Mayor Luby called for discussion by the Council on the City Manager's Reports. In regard to Item "k", Council Member Gill inquired as to who had recom- mended that the uniformed position of Identification Supervisor be replaced with a non -police classification of Identification Analyst. City Manager Townsend stated that the recommendation had been submitted by Chief Bill Banner of the Police Department. Council Member Sample inquired as to when area residents will be allowed to tie on to the Airline Subdivision Sanitary Sewer Improvements as mentioned in Item "g". City Manager Townsend stated that they will be permitted to tie on as soon this item is approved by the Council today. There was no discussion from the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "1" be approved as presented; seconded by Sample, and passed unanimously. City Manager Townsend announced that the City Staff and the Camp Fire Girls, Inc., have agreed to minor amendments to the ordinance granting a lease for use of the Gugenheim House. Council Member Gabe Lozano moved and Council Member David Diaz seconded the motion that the ordinance granting a. five-year lease to the Camp Fire Girls of the Gugenheim House, read on the first of three readings on May 25, 1977, and on the second reading on June 1, 1977, be amended prior to the third and final reading as follows: Amend lease by: 1. Adding a new paragraph to Section 5, reading as follows: "Regular janitorial services consist of daily routine emptying of trash receptacles and cleaning floors. Such services will be performed by Lessor; however, desks and tables in offices of Lessee shall be cleaned by Lessee. Lessor shall provide janitorial services following a night meeting which is sponsored by Lessor." 2. Add a new paragraph, numbered C, to Section 6, reading as follows: "C. In connection with Lessor's use of the premises as provided in Paragraph B, Lessor and Lessee agree upon the following conditions: (1) That Lessee maintain a scheduling calendar for use of the meeting rooms. Minutes Regular Council Meeting June 29, 1977 Page 5 (2) That Lessee may lock its offices, files and otherwise secure its equipment and property during nonbusiness hours except during those times when special tours are arranged under the supervision of Lessee. (3) That Lessor's representative shall be present during nonbusiness hour meetings, shall provide entry, shall lock doors and secure the premises following the close of meetings, and shall be responsible for leaving meeting rooms in a clean and orderly condition. (4) That the rear door shall remain locked during nonbusiness hours unless advance arrangements are made between Lessor and Lessee. (5) Lessee's telephones shall not be available for use during non- business hours." The motion passed unanimously. City Manager Townsend then presented the ordinances for consideration. Mayor Luby called for discussion from the Council on the ordinances. Mayor Pro Tem de Ases spoke in regard to the ordinance listed as Item "j" and referred to previous discussion about notices to property owners affected by such a change as this which amends the Master Plan for Storm Drainage for the area west of Clarkwood Road in the Flour Bluff Area. Mr. de Ases inquired if the Staff had notified the residents in this area in regard to this matter. City Manager Townsend stated that Mr. James K. Lontos, Director of Engi- neering and Physical Development is investigating this matter at this time and an attempt to notify property owners on future projects is being considered. He pointed out, however, that an upcoming proposed sanitary sewer project in the Weber, Holly, Saratoga, Staples area may require an amendment to the Master Plan, and such a large area would involve a voluminous number of property owners. Mr. Townsend stated, however, that Mr. Lontos is studying the problem of notification. There being no further discussion of the ordinances, City Secretary Read polled the Council for their vote, and the following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 19-172, REINSPECTION FEES, OF ARTICLE VI, MILK AND MILK PRODUCTS, TO PROVIDE FOR NEW SCHEDULE OF FEES FOR INSPECTION OF MILK AND MILK PRODUCTS; PROVIDING FOR REPEAL; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "no". Minutes Regular Council Meeting June 29, 1977 Page 6 SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 19-180, DEFINITIONS, OF ARTICLE VII, FROZEN DESSERTS, SO AS TO ADD DEFINITION OF MOBILE UNIT; ADDING A NEW SECTION, 19-193, INSPECTION FEES, SO AS TO PROVIDE FOR INSPECTION OF FROZEN DESSERTS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "no". SECOND READING: FINDING THAT THE BAYFEST 77 ON SEPTEMBER 30 THRU OCTOBER 2, 1977 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1700 BLOCKS OF NO. SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 A.M. SATURDAY, SEPTEMBER 24, 1977 TO 12:00 NOON WEDNESDAY, OCTOBER 5, 1977, 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13804: 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. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz,' Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13805: 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 third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". THIRD READING - ORDINANCE NO. 13806: 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 PERMITTED 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 third time and passed finally by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Luby and Gill voting "no". (Mayor Luby indicated he would veto this ordinance.) Minutes Regular Council Meeting June 29, 1977 Page 7 THIRD READING - ORDINANCE NO. 13807: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CORPUS CHRISTI AREA CAMP FIRE GIRLS, INC., FOR THE LEASING OF THE PREMISES OF THE GUGENHEIM HOUSE, FOR THE RESTORATION AND USE OF THE PREMISES BY THE CAMP FIRE GIRLS, SAID LEASE TO BE FORA TERM OF FIVE YEARS, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 13808: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION TO THE URBAN MASS TRANSPORTATION ADMINISTRATION FORA GRANT OF $20,000 FOR ASSISTANCE IN TRANSIT PLANNING WITH A MATCHING SHARE OF $5,000 TO BE PROVIDED BY IN-KIND SERVICES BY THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY OUTLINED IN THE APPLICATION, IN SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND AUTHORIZING THE CITY MANAGER TO SIGN CONTRACTS AND ALL RELATED DOCUMENTS NECESSARY TO IMPLEMENT THE GRANT WHEN APPROVED; 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". SECOND READING: APPROVING THE JANUARY 24, 1977, SUMMARY OF SETTLEMENT AND REORGANIZATION PLAN FOR COASTAL STATES GAS CORPORATION AND ITS SUBSIDIARIES AND STOCKHOLDERS AND THE CITY OF CORPUS CHRISTI AND OTHER CUSTOMERS OF LO-VACA GATHERING COMPANY AS THE BASIS FOR SETTLEMENT OF LITIGATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "no". ORDINANCE NO. 13809: AMENDING ORDINANCE NO. 10843, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 3, 1972, WHICH ORDINANCE ADOPTED THE MASTER PLAN FOR STORM DRAINAGE FOR THE AREA WEST OF CIARKWOOD ROAD IN THE FLOUR BLUFF AREA OF THE CITY OF CORPUS CHRISTI, BY AMENDING PLATES NO. 34 AND 37 OF SAID PLAN TO MODIFY THE DRAINAGE AREAS AND THE LOCATION OF THE DRAINAGE OUTFALLS IN THE AREA BETWEEN YORKTOWN ROAD, FLOUR BLUFF DRIVE, RAMFIELD ROAD AND ROSCHER ROAD, AS MORE PRECISELY SHOWN ON THE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; 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. 13810: AMENDING THE BUDGET FOR FY 1976-77, ADOPTED BY ORDINANCE NO. 13309, BY AMENDING THE POLICE DEPARTMENT BUDGET FOR ACTIVITY 3330 (IDENTIFICATION) SO AS TO DELETE THE UNIFORMED POSITION OF IDENTIFICATION SUPERVISOR AND TO ADD THE CIVILIAN CLASSIFICATION OF IDENTIFICATION ANALYST; 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". Minutes Regular Council Meeting June 29, 1977 Page 8 ORDINANCE NO. 13811: APPROPRIATING A TOTAL OF $100,660.57 AS FOLLOWS: $59,934.56 OUT OF THE NO. 220 STREET BOND FUND; 1,390.55 OUT OF THE NO. 230 BRIDGE BOND FUND; 883.78 OUT OF THE NO. 245 AIRPORT BOND FUND; 11,576.31 OUT OF THE NO. 250 SANITARY SEWER BOND FUND; 3,671.35 OUT OF THE NO. 295 STORM SEWER BOND FUND; 20,122.91 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502; 3,081.11 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 501, TO SUPPLEMENT $16,032.92 REMAING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE ATTACHED TABULATION, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $116,693.49 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING THE MONTHS OF FEBRUARY, MARCH AND APRIL, 1977; 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. 13812: AUTHORIZING THE CITY MANAGER TO EXECUTE AN EXCROW AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION IN CONNECTION WITH THE CONSTRUCTION OF STREET IMPROVEMENTS ON STAPLES STREET FROM KINNEY AVENUE TO 17TH STREET AND ALAMEDA STREET FROM SOUTH STAPLES TO LOUISIANA STREET, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF SAID AGREEMENT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $16,300 OUT OF THE NO. 220 STREET BOND FUND, APPLICABLE TO PROJECT NO. 220-72-47, FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COST, WHICH AMOUNT IS TO BE PLACED IN ESCROW WITH THE STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927; 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. 13813: AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN THE CITY OF TAFT AND RINCON WATER SUPPLY CORPORATION TO ALLOW THE CITY OF TAFT TO SELL TREATED WATER TO THE CORPORATION, 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: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". Mayor Luby called for petitions or discussion from members of the audience. Mr. Patrick E. Judd, 45812 Indiana Avenue, spoke in regard to Item "f" and questioned the necessity to spend $1,100 for windshield wiper blades. City Manager Townsend explained that the City has approximately 800 vehicles, some of which are rather old, and the windshield wipers frequently require replacement. Mrs. W. B. Carter, owner of the Capri Motor Inn at 2900 North Shoreline, appeared before the Council at this time and questioned why the plans for the resto- ration of the beach. City Manager Townsend assured her that there have been no changes on the plans for the dredging and fill. Mrs. Carter stated that she had been informed that sand would be placed on her property and it was her understand- ing from the Corps of Engineers that the original plan called for the fill. Minutes Regular Council Meeting June 29, 1977 Page 9 Mr. James K. Lontos, Director of Engineering and Physical Development, spoke on this issue and explained the plans for the beach restoration, stating that the beach along the entire area will be about 200 feet wide above the water; the first 100 feet will be leveled at elevation 3; Mrs. Carter's property is between Shoreline Boulevard and the Bay next to the breakwater. Mr. Lontos stated that the top of the slope will be in line with the seawall and there will be a rolling slope of 50 to 1, and the beach will be installed over to the breakwater. He informed Mrs. Carter that there will be a 50 to 1 slope in front of her property. Council Member Diaz asked for a further explanation in regard to Mrs. Carter's property, and Mr. Lontos presented the Council with a copy of the draw- ings from the Corps of Engineers and explained the plans for the beach. Mrs. Carter stated that she is concerned about the flooding that occurs on her property and that she had understood that fill would be placed on her property. Mr. Lontos stated that Mrs. Carter's property is elevation 2.7 and the proposed elevation will be 3 and that there is a problem with the drainage in the area. City Manager Townsend stated that there is a separate project to drain the road and part of Mrs. Carter's problems will be solved by this project, but he pointed out that since her property is at an elevation of 2.7, it is almost impos- sible to assure that her property will not have water on it. Mrs. Carter requested that she be notified when the plans are ready for the drainage for that street, and Mr. Lontos assured her that she will be notified. Mrs. Elizabeth Price, 4309 Loma Alta, spoke at this tlme and explained a traffic problem at the intersection of Loma Alta and Leopard. She stated that it is very difficult to turn onto Leopard from Loma Alta because of a rise in the pavement which obscures the vision of drivers at this location and also related that most drivers on Leopard exceed the speed limit of 30 mph. City Manager Townsend stated that the traffic problem will be investigated by the staff. Mr. Alonzo Zapata, 4217 Dinn, president of Parents Club, requested that the Council consider reducing the charge for use of the Cole Park Bicentennial Amphitheater for use by the Ballet Folklorico del Sol. Mr. Zapata stated that his organization had been told that the charge for use of this facility would be Minutes Regular Council Meeting June 29, 1977 Page 10 $96. He asked the Council to waive this fee for the organization to use the Amphi- theater on a weekend night some time in August. Further discussion followed on this matter and Council Member Gulley sug- gested that the T -Head be considered for this event, and Council Member Gill men- tioned the possibility of using the Front Porch at the Corpus Christi Museum. City Manager Townsend explained the necessity for the charge for use of the Amphitheater citing the overtime pay for staff, maintenance, policing the area, and other expenses involved. He stated that since this is handled by the Park and Recreation Department, he would have someone check on this charge and work with Mr. Zapata on the arrangements. * * * * * * City Manager Townsend informed the Council that if they agree, he planned to attend a meeting of the Water Task Force, which is an advisory group appointed by the Governor, on Thursday, June 30, in Austin, stating that he had been invited to appear before the group. The Council indicated their approval. The Council meeting was recessed at 2:55 p.m. prior to the scheduled 3:00 p.m. public hearing on assessments in connection with the improvements to Cooper's Alley. * * * * * * The Regular Council Meeting was reconvened at 3:00 p.m. City Manager Townsend stated that the purpose of the public hearing is to approve the preliminary assessment roll for the street improvements for Cooper's Alley Extension and Telco Street, from 100 feet east of Chaparral Street to Tancahua Street, and including 250 feet of Carancahua Street north of Telco Street and a por- tion of Mesquite Street at Cooper's Alley. City Attorney Aycock stated that the purpose of this public hearing is to develop evidence to determine the amount of assessments of property owners on the streets to be improved. City Attorney Aycock called on Mr. James K. Lontos, Director of Engineering and Physical Development, to present testimony on the proposed assessments. Minutes Regular Council Meeting June 29, 1977 Page 11 Mr. Lontos was questioned by City Attorney Aycock as to his qualifications and stated that a formal resume of his qualifications is on file in the office of the City Secretary. Mr. Lontos explained the scope of the project and pointed out the portions of the streets to be improved on a map. He stated that the improve- ments will consist of excavation to a width and depth to provide for the construc- tion of a street width varying from 24.5' to 45' back to back of curb. Mr. Lontos further stated that the project is being jointly constructed by the City and the State Department of Highways and Public Transportation and the plans, as prepared by the State, provide for two-way traffic movement to the downtown area and travel- ing westward. He also informed the Council that the plans include curbs, gutters, sidewalks, traffic islands, inlets, driveways, and the existing street, which is offset, will be aligned. He also stated that the plans specify the use of 8" flex- ible and 2" hot -mix asphalt concrete. In regard to funding, Mr. Lontos stated that Abacus Corporation was the low bidder on the project, and the total contract price is $174,282.67; the State will provide, through the Urban Systems Program, $105,821.47; preliminary assessments total $31,598.38; and the City's portion is $68,461.20. Mr. Lontos explained the various charges for different property owners and stated that, in accordance with the City's assessment policy, the property owners may pay their entire assessment following completion of the project, or may pay in monthly installments at an interest rate of 51%. Council Member Gulley inquired about the plans for the islands. Mr. Lontos stated that the plans specify brick islands with some planters in the area. Mr. Gulley suggested the installation of some type of sculptures for the islands. Council Member Sample inquired if the entire street improvements will have 8" flexible base. Mr. Lontos indicated that the street will have the 8" flexible base with the exception of the streets that are in good condition, on which there will only be an overlay. City Manager Townsend summarized that this project will provide two-way traffic on Cooper's Alley, Mesquite Street will be one-way, and the improvements will facilitate the flow of traffic. Minutes Regular Council Meeting June 29, 1977 Page.12 Mayor Pro Tem de Ases inquired if Cooper's Alley was included in the 1972 Bond Program. City Manager Townsend informed him that it was in the 1972 Bond Program and that it has been under study by the State Department of Highways and Public Transportation for some time. Mr. Townsend also explained the method by which the assessments are returned to the street fund to be used to fund more street improvements. Council Member Lozano inquired if the City was aware that the State con- templated improvements to Cooper's Alley when the bonds were approved in 1972. City Manager Townsend stated that the City was not aware of this, but participa- tion by the State enables the City to fund other street projects. Mr. Dean Flinn, 618 Carmel, inquired if a traffic light or stop sign will be installed at the intersection of Mesquite Street and Cooper's Alley. Mr. Lontos stated that conduits will be there in the event they are needed in the future. Mr. Flinn then asked if the parking meters will be removed on Broadway. City Manager Townsend stated that this will be a separate matter to be considered at another time. An unidentified lady in the audience mentioned that it is very difficult for traffic to flow from Tancahua to Carancahua during the 5:00 p.m. heavy traffic situation. City Manager Townsend informed her that a traffic light for this area may be considered at a later date. City Attorney Aycock then introduced Mr. W. A. Holly, Jr., a Real Estate Broker and Appraiser, and questioned him as to his qualifications to appear as a witness to attest to the proposed assessments. Mr. Holly stated that a formal resume of his qualifications is on file in the office of the City Secretary. Mr. Holly testified that he is familiar with each piece of property involved in the assessments; that he has examined all of the property; and that he does not recommend any reductions in the assessment of any of the property. He stated that, in his opinion, all of the property being assessed will be enhanced at least for the amount of the assessment, pointing out that all of the property is zoned for business Minutes Regular Council Meeting June 29, 1977 Page 13 and all of the businesses will benefit from the improved street and the two-way flow of traffic. Mayor Luby invited members of the audience to address the Council in regard to the assessment roll. Mr. Dean Sanders, 210 Mitchell, representing Flato Electric Supply Company, stated that this company's total assessments amount to $19,131.31. Mr. Sanders contended that since the City had taken the easement from some of the property, the value of the lots on the curve of the proposed street has been reduced. He also stated that he does not feel that the change in traffic flow will enhance the value of the lots since two-way traffic already exists on Telco Street and on Cooper's Alley. He requested that the Council consider a reduction on the assessments for this property owner. Council Member Gulley requested Mr. Sanders to point out the lots owned by the Flato Company from which the easements had been obtained, and inquired if the property owner had been paid for the easements. Mr. Sanders pointed out the pro- perty and stated that the owner had been paid for the easements but he did not know the exact amount. Mr. Sanders stated that the property in question is now being used for parking lots with the exception of one piece of property which is vacant. Council Member Gill inquired if the property owner is reimbursed for just the easement when it is acquired, or if the damage to the property is considered when payment is made. City Manager Townsend stated that damage to the remainder of the property is also taken into consideration. City Manager Townsend explained that the point Mr. Sanders was trying to make was that the lots are now curved rather than rectangular. Mr. Townsend pointed out that Mr. Holly has determined that the property will be enhanced by the street improvements, but Mr. Sanders feels that the property will not be enhanced due to the fact that the lots in question are no longer rectangular. Council Member Gulley inquired about the amounts paid for the acquisition of the easements. Mr. Lontos informed him that the acquisition cost for Parcel No..1 was $34,800 and for Parcel No. 2, it was $19,900. Minutes . Regular Council Meeting June 29, 1977 Page 14 Mayor Pro Tem de Ases pointed out that the property owner had been compen- sated for the land taken, and City Manager Townsend stated that the land was appraised at that`time and the property owner had agreed to the price. City Manager Townsend asked Mr. Lontos about the number of driveways planned for this property. Mr. Lontos stated that a total of five driveways are planned for the three parcels of land. Mr. Townsend explained to Mr. Sanders that it would be possible for the location and sizes of the driveways to be changed if the owner so desires. Council Member Gulley stated that the owner of these three pieces of property had received over $54,000 for the right-of-way and he felt that the matter of enhance- ment should have been considered at that time. Council Member Sample inquired if there are any setback requirements for construction of buildings on curved streets. City Manager Townsend stated that there are no requirements, and Mr. Sample stated that the owner would not neces- sarily be required to build a curved building. Mr. C. J. Childers, 3249 South Staples, spoke at this time in regard to Iteth No. 7 on the assessment roll, the owner of which is Mike Childers, 3321 Orlando. Mr. Childers questioned the need for the sidewalk in front of this property since it does not continue past his property. City Manager Townsend stated that the extra width of the sidewalk is planned primarily for the safety of pedestrians crossing to the island which will be con- structed in front of his property. Mr. Mike Childers requested a reduction in his sidewalk assessment since a wider sidewalk than normally constructed is planned in front of his property. After further discussion on this aspect of Mr. Childers' assessment, Council Member Gulley suggested that this property owner's sidewalk assessment be reduced to 400 square feet, which would represent a reduction to $300 for the sidewalk. Mr. Childers agreed to this reduction, which would reduce the total assessment for Item No. 7 to $726.40. No one else spoke in regard to the assessment roll. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting June 29, 1977 Page 15 Motion by de Ases that the preliminary assessment roll be accepted with the exception that the assessments on Item 7 be reduced from $996.40 to $726.40; seconded by Diaz, and passed unanimously. Council Member Gulley reiterated that he felt that the islands included in this project would be an ideal location for sculptures. Mayor Luby and Council Member Gill agreed to this. Council Member Sample stated that he would agree to this if a similar project is considered for Chipito Street. City Manager Townsend mentioned that an application to be sent in to the Bureau of Outdoor Recreation by the Tennis Association may be the catalyst to expand the H.E.B. Tennis Center and stated that Del Mar College had indicated an interest in participating in the expansion. Mayor Luby suggested that the property at the intersection of Ocean Drive and Airline be considered for acquisition for use, as a park. City Manager Townsend stated that the Staff will investigate the possibility of acquiring this property. Council Member Diaz asked if the "No Parking" zone in front of Fraser Elementary School in the 1600 Block of Airline could be eliminated between the hours of 7:00 and 9:00 a.m. and 3:00 and 4:00 p.m. to enable parents to pick up their children. City Manager Townsend stated that this is a majorintersection, but the staff will investigate the possibility. City Manager Townsend informed the Council that the closed session listed on the agenda, under the authority of Section 6252-17 2(g), involves the City's contract with the Nueces County Community Action Agency and the personnel involved. Motion by de Ases that the Council go into closed session; seconded by Sample, and passed unanimously at 4:05 p.m. * * * * * * The Council reconvened in Regular Meeting at 4:55 p.m. There being no further business to come before the Council, the Regular Council Meeting was adjourned at 4:56.p.m., June 29, 1977.