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HomeMy WebLinkAboutMinutes City Council - 07/13/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 13, 1977 PRESENT: 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 Executive Assistant City Attorney Michael May City Secretary Bill G. Read Mayor Pro Tem Eduardo E. de Ases called the meeting to order in the Council Chamber of City Hall in the absence of Mayor Jason Luby. The invocation was presented by the Reverend Simon P. Bazozowski of St. Joseph Catholic Church. 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 Diaz that the minutes of the Regular Council Meetings of June 22 and June 29, 1977 be approved as presented; seconded by Lozano, and passed unani- mously. Mayor Pro Tem de Ases announced the Public Hearing on the Revenue Sharing Budget for 1977-78. City Manager Townsend stated that this hearing is required to explain the use of Revenue Sharing funds as it relates to the budget for 1977-78 and informed the Council that the City Charter requires a formal Public Hearing prior to the adoption of the budget. He stated that this public hearing will be conducted on July 27, 1977, and the Council will remain in session until the budget is adopted. Mr. Townsend furrher explained that if the budget 1s not adopted before August I, 1977, the prior year's budget will remain in effect. C1.1y Manager Townsend requested that Mark Gresham, Budget Director, explain the General Fund as it relates to Revenue Sharing. Mr. Gresham presented the Council with copies of the Revenue Sharing summary and explained the Revenue Sharing funds that will be a portion of the General Fund budget. Mr. Gresham stated that $3,870,000 will be included in the the General Fund from Revenue Sharing; $39,000 will be allocated for Corpus Christi Beach Land Acquisition; and $139,066 will be reserved for one-time expenditures. 1$E kagLMED 1SEP 0 31980 Minutes Regular Council Meeting July 13, 1977 Page 2 Mr. Gresham explained that the Revenue Sharing payments for the fiscal year 1976-77 were $3,785,924 and a balance of $170,789 will be carried forward to next year's budget. He also presented a summary of the expenditures of Revenue Sharing funds during the fiscal year 1976-77. Council Member Gulley inquired as to why $3,000,000 is allocated to the Police Department Budget and $870,000 is allocated to the Fire Department Budget from the Revenue Sharing fund. City Manager Townsend explained that it was necessary to include this total amount in the General Budget, and those amounts were just placed in those two depart- ment budgets rather than placing the funds in a number of departments. Ms. B. C. Cornish, 119 Blevins Street, addressed the Council and inquired about the proposed use of the Corpus Christi Beach property that is included for pur- chase in the budget. City Manager Townsend explained that the City proposes to purchase land for a park to be located on the north end of Corpus Christi Beach. He stated that the park will be funded 100% by City funds and the beach will be funded on a 50/50 basis by Federal funds and local funds. Dr. Ralph Gilchrist, 310 Cape Cod, Chairman of the Museum Advisory Board, addressed the Council at this time. Dr. Gilchrist introduced other members of the Board, Dr. Aalbert Heine of the Corpus Christi Museum, and Mrs.Phyllis Burson, Director of Community Enrichment. He stated that his purpose in appearing before the Council is to ask that they consider additional requests for the Corpus Christi Museum budget. Dr. Gilchrist requested that a Grade 14 additional staff member be included in the budget, indicatingthat this person was needed to supervise the two Grade 8 clerks in the office. Dr. Gilchrist stated that the Museum now employs five Custodian -Guards and there is a need for an additional one to assist with the recent addition to the Museum. He also requested that a new 4 -wheel drive vehicle be con- sidered , since the one now in use is quite worn. Dr. Gilchrist also mentioned that the following three capital outlay items are needed for the Museum: a typewriter, which would cost approximately $725; a dissolve unit, which would cost $410; and two additional file cabinets. Minutes Regular .Council Meeting July 13, 1977 Page 3 Council Member Gulley inquired about the $139,066 figure designated as Reserve Appropriation for use for additional cost of land acquisition'in the Corpus Christi Beach Park and Bayfront Science Park. City Manager Townsend explained that primarily, this amount is being held in reserve until the beach is completed; however, this appropriation could be designated for any purpose by the Council. No one else spoke in regard to the Revenue Sharing Fund budget. Motion by Sample that the hearing be closed; seconded by Lozano, and passed unanimously. Mayor Pro Tem de Ases called for the City Manager's reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that a hearing be held at 2 p.m. during the Regular Council Meeting on July 20, 1977 on the appeal of Mr. Garth Herro on the decision of the Planning Commission that the plat of El Ranchito Subdivision be approved subject to installation of a water distribution system meeting minimum requirements. The subdivision is located outside the City limits south of F.M. 624 approximately 2.8 miles east of F.M. 666. b. Recommendation that bids be received at 11:00 A.M., Tuesday, August 2, 1977 for 300 gallons of aqueous film foaming foam for Airport crash fire rescue vehicles. c. Recommendation that bids be received at 11 a.m., August 2, 1977 on the following five annual supply contracts for which no bids were received: 4 item of brass angle ball meter stops 870 barrels of bulk portland cement 16 items of 12" through 48" tapping saddles Pipe line primer, enamel and felt 16 portable chemical toilets The known suppliers for these items have been contacted and said they would submit bids. The suppliers said they did not submit bids before because of oversight on their part. d. Recommendation that bid award on annual supply contracts be made to the following firms on the basis of low bid: REFRIGERATION SALES CO., INC., Long Island, New York 7,260 lbs. Air Conditioning Refrigerants $4,429.99 KLEEN AIR FILTER SERVICE, Corpus Christi Air Filter Service (9 locations) $2,525.00 CATHODIC PROTECTION SERVICE, Corpus'Christi 360 Anodes $19,898.01 CHEMICAL & TURF SPECIALTY CO., INC., Dallas 2,300 lbs. Bermuda Grass Seed 3,381.00 TOTAL $30,234.00 Minutes Regular Council Meeting July 13, 1977 Page 4 The apparent low bid of $3,220 by Douglas W. King Company, San Antonio, on bermuda grass seed is not recommended because it is a fluctuating price and is only $161 less than the firm price of Chemical & Turf Specialty Co., Inc. Bids were received from 12 firms. Price comparison shows an increase of approximately 6%. e. Recommendation that Change Order No. 1, for $1,901 to the Airport Graphics contract, previously awarded to McKissack Associates, Inc., be approved. The change order provides for furnishing and installing four additional 'fiberglass signs within various airport spaces and for making changes to a number of signs in the previously awarded contract. f. Recommendation that the speed limit on Old Brownsville Road, between Padre Island Drive and Morgan Avenue, be reduced from 50 mph to 45 mph to increase safety for residents along the street particularly near the intersection of Cliff Maus Drive. The reduction will also allow a further reduction in the school zone speed limit at Cliff Maus from 35 to 3.0 mph. The Traffic Safety Advisory Board so recommends. S. Recommendation that $160,000 be appropriated out of the Community -Convention Facility Bond Fund to pay for foundation testing ($13,882.89) and architectural services and engineering ($146,117.11) on the Community -Convention Facility. On July 21, 1976, Ordinance No. 13293 was passed appropriating $160,000 for these items out of the General Fund Unappropriated Fund Balance to be reimbursed upon the sale of Community -Convention Facility Bonds. The architects are Swanson, Heister, Wilson, and Claycomb of Corpus Christi and Caudill, Rowlett and Scott of Houston. The foundation testing was performed by Trinity Testing Corporation. h. Recommendation that the acquisition of a drainage easement from Mr. and Mrs. W. R. Duncan in connection with the Waldron Road and Purdue Road Area Outfall Project be approved for $1,200. This easement is located 500 feet south of Purdue Road running for 520 feet in a southeasterly direction from Laguna Shores Road into the Laguna Madre. This easement is generally within a natural drainage outfall. Sufficient appropriations already exist in the contingency of, Ordinance No. 12819 which awarded the construction contract for the outfall. i. Recommendation that a resolution be passed reaffirming the City's endorsement of the application of Hughes Airwest to the Civil Aeronautics Board for proposed service to various western cities and supporting the airline's request for an expedited hearing. The Council, on September 22, 1976 passed a resolution in support of Airwest's application to authorize service between Corpus Christi, San Antonio, El Paso and Las Vegas. The Civil Aeronautics Board has taken no action on the application. Hughes Airwest is now renewing its efforts to obtain a hearing. Recommendation that an escrow agreement be approved with Corpus Christi National Bank, the City's depository bank, to permit investment of funds for the Nueces River Project (Choke Canyon Reservoir) until needed for expenditures. The funds are currently on deposit with Corpus Christi Bank and Trust. A new agreement is desirable since the City's depository was recently changed from Corpus Christi Bank and Trust to Corpus Christi National Bank. The agreement allows the City to invest and earn interest on Choke Canyon funds until the money is actually needed by the Bureau of Reclamation. k. Recommendation that $7,859 be appropriated out of the Park Bond Fund to reimburse the Park Construction Activity upon completion of construction of a bike path from the end of the present bike path in the vicinity of Ocean Drive and Leming Street to the southernmost parking lot in Cole Park. The construction will continue the present 7' wide bike path approximately 1,050'. The Park Department so recommends. j• Minutes Regular Council Meeting July 13, 1977 Page 5 1. Recommendation that authority be granted to submit a grant application to the Council of Governments for $36,400 to provide transportation services to approximately 500 Department of Public Welfare clients per month for medical services, for an additional 12 months, beginning September 1, 1977. Trans- portation will be provided through the Senior Community Services program and other public and private sources. No City funds are involved. m. Recommendation that the Parks Department be authorized to proceed with the installation of an irrigation system around she Health Center. The materials are estimated to cost $15,000.00. Funds are available in the contingency appropriations for the Health Center for the materials. No additional appropriation is required. A portion of the irrigation system is already in place under the pavement and under the improved areas. n. Recommendation that a grant application be submitted to the Texas Department of Health Resources for $154,800 to provide a program of nutrition counseling and food vouchers for clients of the health clinics of the City -County Health Department which could total up to $1,000,000 per year. The grant application involves the employment of 15 new staff members to carry out the program which will serve approximately 3,000 persons. The program will be 100% funded by the U. S. Department of Agriculture through the Texas Department of Health Resources. o. Recommendation that the escrow agreement with the United States of America and the Corpus Christi Bank and Trust, authorized on May 6, 1976, for Corpus Christi Beach Restoration be amended to reflect an increase from $1,489,000.00 to $1,689,000.00. This $200,000 increase is necessary to cover costs resulting from the actual bids received by the Corps of Engineers on the sand hauled to the beach and equipment to place the sand on the beach being higher than originally estimated. Of the $200,000, $113,152 will come from interest earned, or expected to be earned, by the escrow account and a maximum of $86,848 from 1977 revenue sharing money. The Corps will review the project after contract award to determine if it is possible to reduce the final cost. Revenue sharing payments for 1976-77 have exceeded the estimate. P. q• Recommendation that a two-year agreement, effective September 1, 1977, be approved with the Office of the Governor to provide for reconfirmation of the City of Corpus Christi as the Metropolitan Planning Organization for the Corpus Christi urbanized area to comply with the Federal -Aid Highway Act of 1973. The renewal of the agreement is necessary so the City can continue to receive Section 112 transportation planning funds. Recommendation that Ordinance No. 13462, passed and approved November 3, 1976, be amended to not require the slip tenant to sign over the title of his craft to the City upon execution of the Marina slip rental contract. The Marina Board so recommends. r. Recommendation that the Compensation Ordinance be amended to provide the position of Convention Center Manager, Grade 37. s. Recommendation that the appointment of Mr. Harold R. Peterson to the position of Convention Center Manager be confirmed. Mayor Pro Tem de Ases called for discussion from the Council on the City Manager's reports. In regard to Items "r" and "s", Council Member Lozano inquired when the employment of Mr. Peterson as Convention Center Manager would become effective. Minutes Regular Council Meeting July 13, 1977 Page 6 City Manager Townsend stated that Mr. Peterson's appointment is expected to be effective about September 1, 1977 and explained that his salary will be funded from the hotel -motel tax. In regard to Item "g", concerning the Convention Center, Mayor Pro Tem de Ases inquired as to when plans for this facility will be presented to the Council. Assistant City Manager Archie Walker informed Mr. de Ases that a firm date has not been established, but he hoped that the plans would be ready for presenta- tion during the month of July. Mr. Walker further stated that members of the staff and the architect have met with the Tourist Bureau representatives twice, and another meeting is planned with the Board of the Tourist Bureau for Thursday. Mayor Pro Tem de Ases stated that he felt that a number of citizens may be interested in providing input in regard to the Community -Convention Center plans before the final plans and specifications are prepared and indicated that he felt that they should be able to do so. Mayor Pro Tem de Ases called for comments from the audience in regard to the City Manager's Reports. Mr. Clifford Cosgrove, 3302 Olsen, addressed the Council in regard to Items "r" and "s", concerning the employment of a Convention Center Manager, stating that he objected to such employment in view of the fact that the facility will not be completed for three years. He stated that after the plans and specifications are accepted and bid award has been made, it is the architect's duty to oversee the con- struction and questioned the need for employing a manager so early. Council Member Diaz inquired of Mr. Cosgrove if he objected to the employ- ment of a Convention Center Manager because of the salary and if he would object to this if the manager is employed during the last year before the Convention Center is completed. Mr. Cosgrove indicated that he had no objection to the amount of the salary, but he felt that he should be hired just one year prior to completion of the facility. City Manager Townsend stated that basic supervision of the construction would be handled by the architects, but explained that conventions must be booked several Minutes Regular Council Meeting July 13, 1977 Page 7 years in advance and a manager is needed at this time for that purpose; equipment must be purchased; contracts must be worked out for food services and various con- cessions and other services, all of which should be handled by the Convention Center Manager. Mr. Townsend also informed the Council that a secretary to the manager will be employed and an office and car provided. Mr. John Stensland, 337 Primrose, spoke at this time in regard to Item "q", which recommends an amendment to the ordinance setting out policy on Marina slip rental contracts. Mr. Stensland reminded the Council that he had objected to the requirement that slip tenants sign over title to their crafts several months ago, and while he agreed with the proposed amendment, he indicated that he felt that the entire ordinance should be revised. He indicated that the existing ordinance does not specify the City's obligations to the boat owners nor about routine patrol of the area and that he felt the ordinance should contain such specifications. Mayor Pro Tem de Ases informed Mr. Stensland that most lease contracts are prepared in this way and suggested that he attend the Marina Board Meeting to make his recommendations. City Manager Townsend stated that this ordinance is on three readings and suggested to Mr. Stensland that he meet with the Marina Board before its final passage, assuring him that the ordinance will not be read for the third time until after the next Marina Board meeting. Council Member Gulley requested that a copy of the proposed contract be placed in the Council's envelopes which will be delivered to them on Friday. Motion by Sample that the City Manager's Reports, Items "a" through "s", be approved; seconded by Diaz, and passed unanimously. Mayor Pro Tem de Ases called for presentation of the ordinances. City Manager. Townsend briefly explained the ordinances. Mayor Pro Tem de Ases called for discussion by the Council on the ordinances. Council Member Diaz questioned the necessity for employing the Convention Center Manager at this time. Mayor Pro Tem de Ases explained that the previous Council, after several discussions on the matter, had ascertained that it would be essential to employ the Minutes Regular Council Meeting July 13, 1977 Page 8 manager as soon as possible because of the tremendous amount of work and planning necessary prior to the completion of the Convention Center. Council Member Sample stated that Mr. Peterson is extremely well qualified and the City is very fortunate to obtain his services. Council Member Gill explained that Mr. Peterson has been assistant manager of the three convention center type of facilities in Kansas City for two and one- half years and manager of one of the facilities. There were no comments from the audience in regard to the ordinances. City Secretary Read polled the Council for their vote on the ordinances, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SCHEDULE V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, BY DELETING THE PRESENT PROVISION FOR OLD BROWNSVILLE ROAD AND AIRPORT ROAD (FM 665), FROM A POINT 760 FEET SOUTHWEST OF PADRE ISLAND DRIVE TO A POINT 670 FEET SOUTHWEST OF THE INTERSECTION OF MORGAN AVENUE AND AIRPORT ROAD, AND IN LIEU THEREOF DECREASING THE SPEED LIMITS FROM 50 MPH TO 45 MPH, AT ALL TIMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND 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, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent. SECOND READING AMENDING THE BUDGET FOR FY 1976-77, ADOPTED BY ORDINANCE NO. 13309, BY AMENDING THE FIRE DEPARTMENT BUDGET FOR ACTIVITY 3343 (COMMUNICATIONS) SO AS TO DELETE THE UNIFORMED CLASSIFICATION OF FIRE ALARM OPERATOR I AND SUBSTITUTING IN LIEU THEREOF THE CIVILIAN CLASSIFICATION OF DISPATCHER (SALARY GRADE 20), AND TO PROVIDE THAT AS THE FINAL VACANCY IN FIRE ALARM OPERATOR OCCURS THAT THE FIRE ALARM OPERATOR CLASSIFICATION BE DELETED AND IN LIEU THEREOF THAT CIVILIAN CLASSIFICATION OF DIS- PATCHER BE SUBSTITUTED THEREFOR. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gulley, Lozano and Sample voting "Aye"; Gill "No"; Luby absent. SECOND READING GRANTING R. E. BYARS, DBA TEXAS TRAMWAYS COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS AND PUBLIC THOROUGHFARES OF THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PER CENT (4%) OF GROSS RECEIPTS, TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MONTH FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIA- BILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. 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 absent. Mme._ --es Regular Council Meeting July 13, 1977 Page 9 ORDINANCE NO. 13826 APPROPRIATING $1,901 OUT OF THE NO. 245 AIRPORT BOND FUND TO FUND CHANGE ORDER NO. 1 TO THE CONTRACT WITH McKISSACK ASSOCIATES, INC., APPLICABLE TO PROJECT NO. 245-68- 23,1, CORPUS CHRISTI INTERNATIONAL AIRPORT GRAPHICS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13827 APPROPRIATING THE SUM OF $160,000 OUT OF THE NO. 209 COMMUNITY -CONVENTION FACILITY BOND FUND, OF WHICH $13,882.89 IS APPLICABLE TO PROJECT NO. 209-76-1.1, FOUNDATION TESTING, AND $146,117.11 IS APPLICABLE TO PROJECT NO. 209-76-1.2, ARCHITECTURAL AND ENGINEERING SERVICES; AUTHORIZING THE RETURN OF $160,000, WHICH WAS PREVIOUSLY APPROPRIATED FOR THE ABOVE PURPOSE BY ORDIANANCE NO. 13293, OUT OF THE NO. 102 GENERAL FUND UNAPPROPRIATED FUND BAIANCE ACCOUNT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13828 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN ESCROW AGREEMENT WITH THE CORPUS CHRISTI NATIONAL BANK, THE CITY'S DEPOSITORY BANK, TO PERMIT INVESTMENT OF FUNDS FOR THE NUECES RIVER PROJECT (CHOKE CANYON RESERVOIR) UNTIL SAID FUNDS ARE NEEDED FOR EXPENDITURES, ALL AS MORE FULLY SET FORTH IN THE ESCROW AGREEMENT, A SUB- STANTIAL 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 approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13829 ENDORSING THE APPLICATION OF HUGHES AIRWEST TO THE CIVIL AERONAUTICS BOARD TO SERVE VARIOUS WESTERN CITIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13830 APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND FROM PROJECT NO. 291-72-8.1, COLE PARK BIKE PATH, FOR REIMBURSEMENT TO FUND NO. 102, ACTIVITY NO. 4122-603, THE SUM OF $7,859 FOR THE CONSTRUCTION OF A BIKE PATH IN COLE PARK, SAID SUM TO BE REIMBURSED ,TO THE SAID NO. 102 GENERAL FUND, ACTIVITY NO. 4122-603, UPON COMPLETION OF CON- STRUCTION OF THE BIKE PATH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13831 AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATION TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR $36,400 TO PROVIDE TRANSPORTATION TO DEPARTMENT OF WELFARE CLIENTS FOR MEDICAL SERVICES, IN ORDER TO CONTINUE THE CURRENT PROGRAM FORA 12 -MONTH PERIOD COMMENCING SEPTEMBER 1, 1977, AS MORE FULLY SET FORTH IN THE PROPOSAL, A COPY OF WHICH Minutes Regular Council Meeting July 13, 1977 Page 10 IN SUBSTANTIALLY THE SAME FORM, IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED CONTRACTS AND DOCUMENTS IN THE ADMINISTRATION AND EXECUTION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13832 AUTHORIZING SUBMISSION OF A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF HEALTH RESOURCES FOR $154,800 TO PROVIDE A PROGRAM OF NUTRITION COUNSELING AND FOOD VOUCHERS FOR CLIENTS OF THE HEALTH CLINICS OF THE CITY -COUNTY HEALTH DEPARTMENT, AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM AFORESAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13833 AMENDING ORDINANCE NO. 13159, PASSED AND APPROVED BY THE CITY COUNCIL ON MAY 5, 1976, PERTAINING TO THE ESCROW AGREEMENT WITH THE UNITED STATES OF AMERICA AND CORPUS CHRISTI BANK AND TRUST, BY AMENDING THE TOTAL AMOUNT TO BE PLACED IN THE ESCROW ACCOUNT FROM THE SUM OF $1,489,000 TO $1,689,000, SAID ADDITIONAL SUMS BEING NEC- ESSARY TO COVER INCREASED CONSTRUCTION COSTS; APPROPRIATING FOR PLACEMENT INTO THE ESCROW FUND ACCOUNT $200,000, OF WHICH APPROPRIATION $100,860 IS TO COME FROM INTEREST EARNED OR ANTICIPATED TO BE EARNED DURING THE DURATION OF THE CONSTRUCTION CONTRACT FROM THE ESCROW ACCOUNT APPLICABLE TO PROJECT NO. 291-72-11.1, CORPUS CHRISTI BEACH RESTORATION, AND $99,140 IS TO BE OUT OF THE NO. 126 GENERAL REVENUE SHARING FUND; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13834 AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR AGREEMENT, EFFECTIVE SEPTEMBER 1, 1977, WITH THE TEXAS OFFICE OF THE GOVERNOR TO PROVIDE FOR RECONFIRMATION OF THE CITY OF CORPUS CHRISTI AS THE METROPOLITAN PLANNING ORGANIZATION FOR THE CORPUS CHRISTI URBANIZED AREA AND TO COMPLY WITH THE FEDERAL -AID HIGHWAY ACT OF 1973, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, IN SUBSTANTIALLY THE FORM ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. FIRST READING AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 12-79, SLIP RENTAL CONTRACT, SUBSECTION (f), BY DELETING THE EXISTING PROVISIONS OF SAID SUBSECTION (f) AND ADOPTING IN LIEU THEREOF NEW PRO- VISIONS, TO BE ENTITLED "LIEN AGAINST WATERCRAFT"; REPEALING ALL ORDINANCES IN CON- FLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND 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, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. Minutes Regular Council Meeting July 13, 1977 Page 11 ORDINANCE NO. 13835 CLOSING THE ALLEY LOCATED IN BLOCK 6, BAYVIEW NO. 3 SUBDIVISION, 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 approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. ORDINANCE NO. 13836 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (e), SO AS TO PROVIDE THE NEW POSITION TITLE AND GRADE OF CONVENTION CENTER MANAGER; PRO- VIDING A SEVERANCE CLAUSE; PROVIDING AND EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. RESOLUTION NO. 13837 CONFIRMING THE APPOINTMENT OF HAROLD R. PETERSON TO THE OFFICE OF CONVENTION CENTER MANAGER, EY 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 approved by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby absent. Motion by Sample that Mayor Luby be excused from the meeting for just cause; seconded by Diaz, and passed unanimously. Mayor Pro Tem de Ases informed the audience that Mayor Luby was unable to attend the meeting because of an emer- gency situation at his farm. Mayor Pro Tem de Ases called for petitions or discussion from members of the audience. Miss Dianett del Rosario, 206 Mohawk, addressed the Council in regard to the Mexican Unity Council and their use of a building at 3201 Morgan for recreation purposes. Miss del Rosario requested that the Council authorize issuance of a tem- porary permit to open the building, which had been closed by the building inspector because of substandard conditions. In her statement, Miss del Rosario stated that the Mexican Unity Council had complied with all of the requirements and the build- ing is needed to conduct activities for children and elderly citizens of low-income groups. She also informed the Council that the group is attempting to raise funds to finance a trip to Six Flags for the children, and without the use of the build- ing, they have no means to raise the funds. Minutes Regular Council Meeting July 13, 1977 Page 12 Mayor Pro Tem de Ases asked if any other members of the audience wished to speak on this same matter. Mr. Lucio Garcia, 8225 Leopard Street, spoke on behalf of the Mexican Unity Council. He stated that the City had required that a number of improvements be made to the building at 3201 Morgan to bring it up to standard and indicated that all of these things had been accomplished by the group, with the exception of black - topping an area for parking spaces. He requested that the Council consider the issuance of a temporary permit until funds are raised in order for the group to have the parking lot constructed. He also stated that the building has been closed. Mayor Pro Tem de Ases stated that it was his understanding that since all of the requirements imposed by the City for bringing the building up to standard have been complied with, the placards placed on the building stating that the building is unsafe have been removed. City Manager Townsend stated that the unsafe conditions have been taken care of, but there is a restroom problem and the building should not be used for large crowds. Mr. Townsend also inquired of Mr. Garcia as to why he stated that the building has been closed since the building has been in use at all times, indicating that he was aware of several events that had occurred in the building even after the placards were placed on the building. He stated that the City's concern is based on use of the building for assemblies of over 200 people and that the City's regulations would allow use of the building for a few youth and elderly to avail themselves of the facilities in the building's present condi- tion. He stated that the placards were posted on the building because of hazar- dous conditions for large crowds. Mr. Townsend also informed the Council that an architect has prepared plans to bring the building up to standard, reiterating that it may still be used for small group activities. Mr. William M. Foster, 1118 Golla, member of the Disabled American Veterans, Chapter 12, addressed the Council and thanked Council Member Gill for attending ceremonies for this organization on July 4, also indicating that Mayor Luby had attended several events of their organization. Mr. Foster chastised the other Minutes Regular Council Meeting July 13, 1977 Page 13 Council Members for not attending the July 4th ceremonies, alleging that they are unappreciative of the veterans. Mayor Pro Tem de Ases took exception to Mr. Foster's remarks, stating that he, too, is a veteran and has a great deal of respect for all veterans; that he has visited the Disabled American Veterans' building on several occasions; and stated that he had felt it important that he spend the 4th of July with his family in observance of this patriotic holiday. Mr. de Ases further stated that he did• not need to apologize to anyone for the way he spent his time. Council Member Lozano stated that he had not been invited to attend the 4th of July activities Mr. Foster had mentioned and pointed out that the Council had no way of knowing of such events if they are not invited to them. Mr. Sam Celum, 1101 Dunn Lane, spoke at this time in regard to the danger- ous problem on his street in connection with the existence of the Quintana -Howell Joint Venture Oil Refinery, located at 5407 Up River Road, stating that in the event of a fire or explosion involving this plant, the residents of Dunn Lane would have no way of exiting the area, since Dunn Lane is a dead-end street. He further pointed out that there are no fire hydrants on the street and that he understood that there is only a 1 -inch water line serving the residents on the street. Mr. Celum mentioned a meeting on March 17, 1977, at which time this problem had been discussed and inquired as to why nothing had been done to cor- rect the situation. City Manager Townsend stated that the problem had been reported to Mr. Brodie Allen of the Industrial Development office, and Mr. Allen had discussed this matter with representatives of Quintana -Howell. Mr. Townsend stated that he will have a report on this matter next week. City Manager Townsend further stated that the Planning Department is working on plans to improve the access problem. Council Member Diaz inquired if the report will include information on the installation of fire hydrants. City Manager Townsend stated that the water line will have to be replaced before fire hydrants can be installed. Mrs. Helen Adams, 1110 Dunn Lane, addressed the Council on this same matter, stating that an acquaintance of hers who is employed at the plant in question had Minutes Regular Council Meeting July 13, 1977 Page 14 indicated to her that the new unit of the plant might possibly explode when it is started up. She expressed concern for the residents of Dunn Lane in such an event, pointing out that the only exit from the area is on Up River Road. Council Member Sample assured Mrs. Adams that the lines in the street will not be affected if such an event occurs because they are not connected to the plant lines. Mrs. Mary Riek, 1113 Dunn Lane, speaking in regard to the same matter, men- tioned the fact that five acres of land are being donated for the dog pound by the City and expressed her objection to additional dogs in the Navigation Boulevard location. She suggested that the City install an escape road for residents of Dunn Lane rather than donating such land. City Manager Townsend explained that the City does not own the dog pound; it is owned by the Humane Society; and the lease runs out in six weeks. He fur- ther assured her that there are no plans to donate additional land since the City has never owned the land. He assured Mrs. Riek that the City Staff is currently working on a plan for a secondary access to the street. Mrs. Jeanine Connelly, 1202 Dunn Lane, and Mrs. Mary Celum, 1101 Dunn Lane, also expressed concern about the possible hazardous conditions existing on the street. Mayor Pro Tem de Ases stated that the Council is concerned about this matter and the City Manager will have a report on it next week. Mr. Clifford Cosgrove inquired about the status of the improvements to the Horne Road sewer line, alleging that the funds are available and the City has done nothing toward the improvements. City Manager Townsend stated that the City does not have the funds yet; that this project is number one on the EDA priority list; the funds from EDA are expected within two weeks; and as soon as the funds are available, the project will be adver- tised for bids. Mayor Pro Tem de Ases called for a five-minute recess at 3:46 p.m. before the Special Council Meeting commences. Minutes Regular Council Meeting July 13, 1977 Page 15 The Regular Council Meeting was reconvened at 5:10 p.m. following the Special Council Meeting on zoning cases. Mayor Pro Tem de Ases called for further petitions or comments from members of the audience. Mrs. Ana Marie del Rosario, 206 Mohawk, spoke on the subject of the Mexican Unity Council building on Morgan Avenue. Mrs. del Rosario (speaking in Spanish - translation by Mayor Pro Tem de Ases) objected to the stipulation that the use of the building must be limited to 75 to 100 people. Mrs. del Rosario reiterated that they have done everything the City required to bring the building up to standard, with the exception of the blacktopped parking area. She further stated that the group wants to have a dance and the limitation of use to 75 to 100 people would not permit this, indicating that the Mexican Unity Council just wants to be treated the same as other groups, mentioning in particular the White Rabbit, which has inadequate parking and no effort has been made by the City to close that facility. Mrs. del Rosario also alleged that the City had donated materials to the owners of Las Brisas and requested that the City also donate materials needed for the parking lot for their building on Morgan Avenue. City Manager Townsend assured Mrs. del Rosario that the City has never given anything to the owners of Las Brisas and requested that she present facts to verify her allegations. In regard to Mrs. del Rosario's charges that the White Rabbit was not required to have a building that was standard, Mr. Townsend stated that this building has the same requirements as those specified for the Mexican Unity Council building. He further stated that the only reason this building has problems is that the Unity Council changed the type of use from activities for small groups to large assemblies and that the building has never been closed by the City. Mrs. del Rosario mentioned the fact that two police officers had been sent to close the building and force the people out. City Manager Townsend stated that placards were placed on the building indi- cating that the building was unsafe for large assemblies and the people there were warned that the building was not safe. He further stated that the usual procedure Minutes Regular Council Meeting July 13, 1977 Page 16 when placing placards on buildings is for a member of the City Attorney's staff to go to the building, accompanied by a police officer, to place the placards. Further discussion followed, and City Manager Townsend stated that Mr. Jesus Leija, the architect preparing plans for the standardization of the building, has stated that the stipulations required by the City will be corrected, at which time a certificate of occupancy will be issued. There being no further business to come before the Council, on motion by Sample, seconded by Lozano, and passed unanimously, the meeting was adjourned at 5:22 p.m. July 13, 1977.