HomeMy WebLinkAboutMinutes City Council - 11/02/1977MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
NOVEMBER 2, 1977
3:40 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
Executive Assistant City Attorney
Michael May
City Secretary Bill G. Read
Mayor Pro Tem Eduardo E. de Ases called the meeting to order at 3:40 p.m.
in the Council Chamber of City Hall in the temporary absence of Mayor Jason Luby,
who was detained at the Public Meeting conducted by the United States Army Corps
of Engineers in the Coliseum.
The invocation was presented by Council Member Edward L. Sample.
City Secretary Bill G. Read called the roll of required Charter Officers
and stated that a quorum was present to conduct a legally constituted meeting.
Motion by Sample that the minutes of the Regular Council Meeting of October
12, 1977 be approved as presented; seconded by Lozano and passed by the following
vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent
at the time the vote was taken.
Mayor Pro Tem de Ases announced that the following proclamations had been
presented by Mayor Luby: ANNUAL POPPY DAYS - American Legion Post #364 -
November 3-5, 1977 and ANNUAL POPPY DAYS - American Legion Post #248 - November
3-5, 1977.
Mayor Pro Tem de Ases announced the bid opening on the South Staples Street
water line replacement.
City Manager Townsend informed the Council that the project includes replace-
ment;of the existing water main with a 24" ductile iron pipe from Weber Road to
Annapolis and that the project is set out in stages so that as much of the water
line can be replaced as possible within the available EDA grant.
Council Member Gill stated that it was her understanding that the opening
of the bids on this project might be postponed.
MICROFILMED
SEP 0 31900
V
Minutes
Regular Council Meeting
November 2, 1977
Page 2
Mr. James K. Lontos, Director of Engineering and Physical Development, spoke
in regard to this matter and stated that he had talked to the San Antonio office of
the Economic Development Association in regard to the possible effect of the ruling
of the District Court in California that the 10% minority rule included in the
guidelines of the EDA grants under this particular program is unconstitutional.
Mr. Lontos stated that he was informed by EDA officials that the ruling in the
California court would have no effect on this particular project. He also pointed
out that the project award must be made within 90 days of receipt of funds, which
would be prior to December 10, 1977.
City Manager Townsend stated that he felt sure that if the Federal Govern-
ment decides to change the guidelines, this would not take effect immediately and
suggested that it might be in order to open the bids today.
Council Member Gulley expressed the opinion that if the EDA requirements
are declared unconstitutional by the Federal government insofar as the 10% minority
rule is concerned, more advantageous bids might be obtained from more bidders if
they do not have to adhere to this rule.
Council Member Diaz pointed out that the bids will have a specified amount,
and the 10% minority rule should not affect the total bid. City Manager Townsend
stated that this ruling does affect the amount of the bids, because the contractors
bidding the project have clearly indicated that they have been forced to increase
their bids because of this requirement. Mr. Townsend, in reference to the bids
received recently on the Horne Road sewer improvements, which is also funded by
EDA, stated that the 10% minority rule was not the only reason the bids were
higher than expected.
Mayor Pro Tem de Ases suggested that just because one United States Dis-
trict Judge in California had made this ruling, that this would not necessarily
apply to all states.
Mr. Lontos reiterated that he had discussed this matter with EDA, and they
indicated that the City should go ahead with the opening of bids that is scheduled.
•
Minutes
Regular Council Meeting
November 2, 1977
Page 3
City Secretary Read certified that bids had been received in the Office of
the City Secretary prior to 2:00 p.m. from Heldenfels Brothers and Asphalt Paving
and Construction Company and that the bids from both companies were properly sealed.
City Secretary Read opened the envelopes, and Mr. Lontos read the bids from
Heldenfels Brothers and Asphalt Paving and Construction Company, stating that the
proper bid security checks were submitted with the bids. ,
Mayor Pro Tem de Ases stated the bids on this project will be tabled for
48 hours, pursuant to the requirements of the City Charter, and referred to the
staff for tabulation and recommendation.
* * * * * *
Mayor Pro Tem de Ases announced the public hearing on the contractual
annexation of a 8.173 acre tract of land located east of Suntide Road between
IH 37 and Up River Road.
City Manager Townsend stated that the owners of the tract, Lantana Corpo-
ration, have requested annexation in order to acquire utilities for the property
which is leased to Gas Compressors, Inc., a company which fabricates, refurbishes
and rents gas compressors.
Mayor Pro Tem de Ases inquired if anyone in the audience wished to speak
on this matter, and there was no response.
Motion by Sample that the hearing be closed, seconded by Lozano and passed
by the following vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting
"Aye"; Luby, absent from the meeting at the time the vote was taken.
Motion by Lozano that the Council approve the contractual annexation on
this tract of land, seconded by Sample and passed by the following vote: de Ases,
Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby, absent at the time the
vote was taken.
* * * * * *
City Manager Townsend referred to the bid openings scheduled for 2:00 p.m.
and requested that No. (2) of Item 6 be withdrawn in regard to the lease of minerals,
stating that this bid opening is scheduled for November 9, 1977. Mr. Townsend
assured the Council that the question raised by the Mayor of Mathis in regard to
this item will be answered prior to the bid opening on November 9.
* * * * * *
Minutes
Regular Council Meeting
November 2, 1977
Page 4
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 public hearing be held at 2 p.m. during the
Regular Council Meeting on November 16, 1977 on the annexation of
a portion of McKenzie Lane from McKenzie Road eastward approximately
2,200 feet. The property on both sides is in the City. Castle River
Subdivision and the Allison Wastewater Treatment Plant property are
on the north and the 47.9 acre tract annexed last week on the south.
b. Recommendation that a public hearing be held at 3:30 p.m. during the
Regular Council Meeting on November 23, 1977 on the following zoning
applications:
(1) Mr. Rosendo Ramirez: "R -1B" to "B-1", located south of Frio
Street, approx. 100' west of Greenwood Drive.
(2) Koinonia Homes, Inc.: "R -1A" to "R-2", located behind First
Baptist Church on Ocean Drive.
c. Recommendation that a public hearing be held at a Special Council Meeting
at 3:30 p.m. on November 30, 1977 on the following zoning applications:
(1) Mr. Bill McBride, Sr., et al: "R -1B" and "B -1A" to "I-2", located
at the southwest corner of S. Padre Island Drive and Flynn Parkway.
(2) City of Corpus Christi: "R -1B" and "B-1" to "I-2", located on
south side of S. Padre Island Drive, approx. 700' west of Flynn
Parkway.
(3)
Mr. Tim Clower: Exception to Screening Fence Requirement, located
along southeast property line at northeast corner of Rodd Field Road
and Sparkle Sea Drive.
d. Recommendation that bids be received at 11:00 A.M., Tuesday, November 22,
1977 for the following:
(1) A one year contract for installation of replacement glass in City
vehicles and equipment.
(2) A one year contract for field tire repair service for City -owned
equipment to supplement the service provided by the City garage.
e. Recommendation that 1,000 gallons of 91% cythion insecticide (premium
grade malathion) be purchased from AMERICAN CYANAMID, Princeton, New Jersey
on the basis of low bid of $10,800 for use by the Health Department in
mosquito control. Bids were received from 4 firms. Price comparison
shows no change in,price from the last purchase in January, 1976.
f. Recommendation that Lot 12-A, Block B, Flour Bluff Estates (902 Waldron
Road) be sold to Commander Calvin F. Bright, U.S.N. for a cash payment
of $8,000. The old Flour Bluff Utility Office is located on the property.
No bids were received on October 17, 1977. Subsequently, Commander Bright
saw the "For Sale" sign on the property and offered to purchase it.
Commander Bright is a resident of Flour Bluff.
h�.,utes
Regular Council Meeting
November 2, 1977
Page 5
g.
Recommendation that Horne Road Sanitary Sewer construction contract be
awarded to Glaser Construction Company for $713,463.75. Two bids were
received. The low bid by Glaser Construction Company of $1,187,520.05,
exceeds the funds available. The recommended award is based on all of
Phase I and a portion of Phase II to Green Grove. The award is subject
to Economic Development Administration approval. An appropriation of
$747,000, including engineering, advertising and related expenses is
recommended.
City Manager Townsend explained that this bid award is for about one-half
of the total project.
h. Recommendation that the tax assessment and collection contracts with
Del Mar Junior College District and the Corpus Christi Independent
School District be extended for three additional years beginning
December 1, 1977.
i. Recommendation that the Compensation Ordinance be amended as follows:
(1) Change the position of Meal Site Manager (Grade 14) to Meal Site
Manager II (Grade 14) and establish the position of Meal Site
Manager I (Grade 12). The Meal Site Manager change is recommended
to differentiate between managers of the centers which are open
for 8 hours and provide a wide range of support services and of
those centers which are open from 1 to 6 hours and do not offer
as wide a range of services. There are currently 8 Meal Site
Managers, all at Grade 14. As the manager positions in the four
smaller centers become vacant, it is recommended that Grade 12's
be employed.
(2) Establish the positions of Neighborhood Improvement Supervisor
(Grade 27), Housing Counseling Supervisor (Grade 23) and Loan
Processor (Grade 16) which were included in the Budget but inad-
vertently omitted from the Compensation Ordinance amendments approved
when the Budget was adopted.
j.
Recommendation that the City express its willingness to renegotiate
the Choke Canyon contract with the Federal Bureau of Reclamation
and the Nueces River Authority, if the Congress passes special legis-
lation increasing the cost ceiling for Choke Canyon and authorizing
purchase of lands for wildlife habitat mitigation, and that the City
advise the Bureau that it intends to oppose the passage of such
legislation.
City Manager Townsend explained that this item'involves'the'letter dis-
cussed during the Regular Council Meeting of October 26 expressing the willingness
of the City to renegotiate the Choke Canyon contract if legislation is passed
increasing the cost ceiling for the dam and authorizing purchase•of land for miti-
gation. Mr. Townsend pointed out that the Bureau of Reclamation must receive such
a letter before they award a contract which is now out for bid. He also explained
that'the letter would state that the City does not agree to such legislation and
intends to oppose it. City Manager Townsend indicated that if the City does not
A
Minutes
Regular Council Meeting
November 2, 1977
Page 6
agree to the change, the alternatives are to cancel the contract, which would
place the City in a position of constructing the dam_without the assistance of
the Bureau of Reclamation,ror to pursue enforcement of the contract through the
courts, but the likelihood of success would not be very good. He also explained
that the 404 Permit hearing is completely separate from this.
Council Member Gill, in reference to the letter, questioned the statement
that, "We committed over $20,000,000 of front end participation knowing it was
almost beyond our means,...", and asked when this was done.
City Manager Townsend informed her that this decision was made in late
1973 or 1974 and that every Council has understood that this project is a mammoth:
undertaking and was at the upper limits of the City's capacity to finance.
Council Member Sample stated that he does not see any problem with the
statement being included in the letter because he feels that the purpose of the
letter is to persuade the Federal government that the City has already committed
funds almost beyond our means, and the purchase of. mitigation lands would work
an even greater hardship on the City.
City Manager Townsend agreed that this was the message he was attempting
to convey to the Federal government in the letter.
k. Recommendation that the Water Fund be reimbursed $144,589.17 for 3rd
year Community Development project work done by Water Division forces'
for the months of July, August and September, 1977 in replacing water
lines in High Terrace, La Arboleda and Casa Blanca Subdivisions. Seventy-
five percent of water line work is complete in these subdivisions with
2 -inch mains being replaced by 6- and 8 -inch mains to provide improved
pressure and fire protection.
1. Recommendation that the General Fund be reimbursed $67,467.86 for
Engineering Services on various Bond and Community Development projects
during August and September, 1977, and this amount be appropriated.
Reimbursements include the following work: Street ($27,836.27); Sani-
tary Sewer ($5,346.79); Storm Sewer($404.46); and Community Development
Projects ($33,880.34).
m. Recommendation that the following changes in election judges, alternates
and polling places be approved for the November 8, 1977 Election:
PRECINCT NO.
1.
2.
4
JUDGES ALTERNATES
Mr. Wilbur A. Michna
1301 N. Chaparral
Dorothy Corcoran
734 Chase Drive
Ray Garcia
315 Artesian
Minutes
Regular Council Meeting
November 2, 1977
Page 7
20 Mary Foyt
3218 Lariat
21 Dorothy M. Coen
4602 Gulf Breeze
31 Andrea R. Vasquez
1025 — 10th Street
42 Mrs. Joseph T. Lewis
229 Ohio Street
46 Carlos Rodriguez
2709 Marguerite
72 Mrs. Louis Polasek
4830 Hakel
91 Mrs. Chas. R. Carney
6918 Pharaoh
92 Mrs. F. L. Youngs
546 Fairfield
99 Mrs. Joe Galbraith
4025 Up River Road
106 Rita De Shields
5921 Killarney
111* Mr. Carl Page
109 Castlewood
113 Mattie Martin
1733 Hickory
115* Bess Ferlet
5129 Goldeneye
120 Henry Simmons
1329 Prince
121 Oscar Reyna
4325 Honduras
Wilma R. Bluntzer
5306 Shasta
Mary Ann Charba
4117 Tripoli
Change in Location of Polling Place:
PRECINCT NO.
42 From: James Atwill Residence To: Building at 2762 Santa
202 Ohio Street Fe Street
In regard to Item "m", City Secretary Read stated that these changes, as
approved by the County Commissioners` Court on Tuesday, were necessitated because
some of the judges and alternates originally appointed to serve were unable to do
so. Mr. Read also reported to the Council that he had submitted a report to the
Minutes
Regular Council Meeting
November 2, 1977
. Page 8
Justice Department in Washington, D.C. of the changes that had been made in polling
places since the last election held in the City. He assured the Council that the
officials in the Justice Department were very cooperative and had approved the
changes in polling places and the changes necessitated by annexation. He also
explained that the Justice Department is not concerned with the names of the
judges or alternates. Mr. Read further informed the Council that two years ago,
the Voters Rights legislation was passed, which makes it necessary to obtain the
approval of the Voters Rights Division of the Justice Department of any changes in
polling places; several changes in polling places had been made since the last
election; the changes did not dilute the minority vote or make the polling places
any more inaccessible; therefore, he was able to obtain the approval of the Justice
Department with no difficulty.
In regard to Item "g", Council Member Lozano inquired if construction will
begin immediately on the Horne Road sewer improvements.
City Manager Townsend replied that the City will make every effort to
start this project as soon as possible, but it is necessary to obtain EDA appro-
val on the award of contract; information on the award has been forwarded to the
EDA office; they have,asked the City for an additional letter in regard to the
10% minority participation which involves the pipe being used; and it is hoped
that after this additional information is provided them, their approval will be
forthcoming.
Council Member Diaz asked when it is anticipated construction will actually
start, and City Manager Townsend informed him that the contractor should be on the
site working within 30 days after EDA approval. Mr. Townsend emphasized that this
project is very complex and will take quite some time to complete.
In further discussion of this item, Mayor Pro Tem de Ases suggested that
the City staff remain in close touch with the Regional Office of EDA and the
National Office to determine just what effect the 10% minority requirement will
have on future projects. He mentioned that the Council Members had received
complaints from the Coastal Bend Minority Contractors Assistance Association,
Minutes
Regular Council Meeting
November 2, 1977
Page 9
some of the minority contractors and others in regard to this particular job.
Mr. de Ases stated that evidently there was some dissatisfaction about the way
they were invited to participate in the bidding on this particular job. He sug-
gested that the City staff review the process by which they have been encouraging
or discouraging the minority contractors to bid on the jobs and urged the staff
to do whatever they can to encourage the minority contractors.
City Manager Townsend informed the Council that this has been discussed ,
with EDA officials who stated that there is no plan to continue this program, and
the second project, which is the South Staples Street water line replacement, is
the last project to be funded through EDA under the Public Works Act, which was
an emergency legislation to provide employment as quickly as possible. Mr.
Townsend assured the Council that the staff did everything possible to work with
the Coastal Bend Minority Contractors Assistance Association to obtain minority
contractor participation on these bids. City Manager Townsend also reminded the
Council that there is a position open in the Department of Engineering and Physi-
cal Development to recruit an employee to work with minority contractors, but they
have been unable to employ a qualified person.
In regard to Item "e", which recommends the purchase of 1,000 gallons of
premium grade malathion, Mayor Pro Tem de Ases inquired if the City has used this
substance before, and if so, if any problems had been encountered.
*Mayor Luby arrived at the meeting at 4:30 p.m.
City Manager Townsend stated that the City has used malathion before with
a great deal of success.
Council Member Diaz referred to the Horne Road project and inquired of Mr.
Lontos when the project would actually be under construction. Mr. Lontos informed
him that the contractor will start construction in approximately 3 or 4 weeks, and
it should be completed in about 6 months.
City Manager Townsend interjected that this timetable would be followed if
the City receives EDA approval of the contract.
Minutes
Regular Council Meeting
November 2, 1977
Page 10
Mayor Luby stated that if the City does not receive approval from EDA
within 30 days, he wanted the Horne Road sewer repaired with funds from some
other source. He reminded the City Manager that funds had been found in the
past for another project, and stated that the staff can find funds for this cri-
tical project if necessary.
Council Member Sample referred to Item "f", which recommended the sale
of Lot 12-A, Block B, Flour Bluff Estates for $8,000, and inquired about the
zoning on this property. City Manager Townsend stated that the zoning is "B-4",
and that this City -owned property is located at the intersection of Waldron Road
and Lakeside Drive near NAS Drive.
Mayor Luby called for comments from the audience on the City Manager's
Reports.
Mr. R. 0. McQueen, 4109 Naples, stated that his neighbor, Dr. James
Meaney, 4106 Naples, would like to address the Council in regard to the Horne
Road sewer problem.
Dr. Meaney stated that his property is located two lots off Horne Road
and related the problems that have existed there for almost a year when the
sewer line was broken and asked if something is going to be done about this and
if so, when. Dr. Meaney related an incident that occurred in this area several
days ago when an automobile accident caused breakage of the plastic line, stating
that he called the Wastewater Services Division and the Health Department, who
informed him that they would contact the Fire Department to hose down the area.
Dr. Meaney stated that the raw sewage remained there for almost a day because the
sewer was stopped up. He also alleged that the only action taken following this
incident was that a truck from Wastewater Services was sent to the area, but did
not accomplish anything except to probe the area with some type of tool. Dr.
Meaney also stated that a member of the Health Department came out to the area
and sprayed with a small hand -operated sprayer, which he felt was entirely inade-
quate in view of the fact that an extremely large area was covered with raw sewage.
Dr. Meaney again asked why the City has not done anything to alleviate this problem.
Minutes
Regular Council Meeting
November 2, 1977
Page 11
Mayor Luby expressed the opinion that this is another case of the City
waiting for Federal funds before anything is done.
City Manager Townsend explained that this project was to be funded through
the Public Works Act to be administered by EDA; it was meant to be a crash program;
the Federal government indicated that the funds would be available almost imme-
diately; and this project was designed to be under contract within 90 days of
Federal approval. Mr. Townsend informed Dr. Meaney that when the line was first
broken, patch work was done, but this just caused further breaks in other sections
of the line; therefore, when this latest break occurred, it was felt that the City
should wait to repair it properly rather than performing another temporary patching
job. City Manager Townsend also pointed out that a contract for the project had
been approved today, and as soon as EDA approves the contract, the improvements
will be started.
Speaking on the same subject was Mr. Bill J. Brown, 4745 Ocean Drive,
representing the Peterson Development Company, which represents the Portairs Shop-
ping Center. Mr. Brown expressed the hardship under which the business firms in
this center had been operating since the Horne Road sewer had been in such poor
condition. He emphasized that the terrible odor that exists in that entire area
discourages the shoppers. Mr. Brown stated that he appreciates the City's efforts
to obtain EDA funding for the project, but agrees that something should be done
regardless of where the funds come from.
Council Member Diaz expressed his support of the Mayor's proposition that
if the Federal government does not provide funds within 30 days, that funds for
this project should be allocated from some other source.
The next citizen speaking in regard to the Horne Road sewer was Colonel
Luther G. Jones, Jr., 6126 Boca Raton, who indicated that he was present to sup-
port the expeditious repairs of the sewer line. Colonel Jones stated that he felt
sure that the City is doing what they can to repair the line but urged immediate
action.
Mr. John Gollihar, Jr., 214 West Roosevelt, stated that he has been in
business in the Port -Ayers area for many years and that all of the business firms
Minutes
Regular Council Meeting
November 2, 1977
Page 12
have suffered because of the Horne Road sewer problem and indicated that they have
been trying to find out what is being done to alleviate this problem.
State Representative Arnold Gonzales addressed the Council and stated that
he hopes that the Horne Road project is completed as soon as possible. On another
matter, Dr. Gonzales stated that he had contacted the City in regard to the state-
ments that had been made in regard to the reluctance of minority contractors to
bid on the Horne Road sewer line improvement project and indicated that he hoped
that the City will continue to allow the minority contractors to bid on projects,
implying that in the future, minority contractors will be able to bid on the City's
large projects.
Council Member Gill asked for a further explanation from City Manager
Townsend in regard to the report presented by Dr. Meaney in regard to the inaction
on the part of the City when the latest break in the Horne Road sewer occurred.
Council Member Gill stated that she thought there were plans to employ a liaison
employee to work as an employee in the Engineering Department with the minority
contractors. Council Member Gill urged employment of this person as soon as pos-
sible to aid the minority contractors. Ms. Gill also asked for an explanation of
Dr. Meaney's allegations that an employee of the Wastewater Services Division had
gone to the area of the breakage of the sewer line on Horne Road and used a probe.
City Manager Townsend stated that Council Member Gill's questions referred
to two separate involvements and that he will provide a report next week because
he is not aware of just what occurred during the incident referred to by Dr. Meaney.
Mr. Townsend explained the usual procedure when a sewer break occurs and stated
that a probe is used to determine the exact location of the sewer line. In regard
to the position that is open in the Engineering and Physical Development Department
for an employee to work with minority contractors, City Manager Townsend questioned
Mr. Chuck Speed, Director of Personnel, about the progress in obtaining someone for
this position. Mr. Speed assured him that Mr. Lontos has been interviewing appli-
cants for the position but has not found anyone who is qualified.
City Manager Townsend reiterated that on this particular project, he was
sure that every effort was made to cooperate with the minority contractors and
Minutes
Regular Council Meeting
November 2, 1977
Page 13
pointed out that Mr. Lontos met with representatives of the Coastal Bend Minority
Contractors Assistance Association on two occasions in an effort to obtain sub-
contract bids on the Horne Road sewer project.
Mayor Luby reminded Ci aManager Townsend that he told him about the line
being broken following a traffio•accident last week and that he would like to have
a report on this matter tomorrow. Mayor Luby also suggested that traffic be
diverted from the area if possible.
Speaking on another matter was Mr. I. M. Singer, 137 Del Mar, who stated
that he objects to paying his neighbors' taxes, pointing out that there are 80,000
automobiles in the City of C
Christi, and approximately 4,000 are listed on
the tax rolls. Mr. Singer expr sed his opposition to the practice of the City
F, .
of levying automobile taxes only on citizens whose names are listed in the yellow
pages of the telephone directory. He reiterated that this was an unfair practice
and suggested that all automob$ies should be on the tax roll.
Mr. E. C. Peterson, Yorktown Boulevard, congratulated Mayor Luby for
doing something about the Horne'Road sewer problem.
There was no further discussion on the City Manager's Reports.
.fr'ri
Motion by Diaz that the City Manager's Reports, Items "a" through "m",be
accepted; seconded by Sample, and passed by the following vote: de Ases, Diaz,
Gill, Gulley, Lozano and Sample voting "Aye" on all of the items; Luby voting
"Aye" on all of the items with the exception of Items "i" and "j", on which he
voted "Nay".
City Manager Townsend stated that he would like to withdraw the ordinance
listed as Item "i", third reading, which increases the fee for a land drilling
permit from $300 to $500. He informed the Council that Mr. Harry Franklin,
Petroleum Superintendent, has just returned to the City from vacation; he has
some questions about this item; and he would like to delay the third reading
until he has had an opportunity.to discuss it further with Mr. Franklin.
Minutes
Regular Council Meeting
November 2, 1977
Page 14
In a return to the discussion on the Horne Road sewer project, Council
Member Sample agreed that the problem had existed for quite some time but explained
to the members of the audience that the Council had discussed this at length and
had agreed that it would be advisable to obtain the funds for this project through
EDA under the Public Works Act. He explained that at that time, the Council had
felt sure that this would be the most expedient way to obtain funds and did not
foresee the delay of the Federal government in approving the funds. Mr. Sample
pointed out that the Council had felt that since these funds were available, it
was better to use the Federal funds rather than burdening local taxpayers. Council
Member Sample asked the citizens who were in attendance to please bear with the
Council a little longer, and he felt sure that the project would be under con-
struction very soon. Mr. Sample also pointed out that no one Council Member can
promise that the project will be under way in 30 days.
Mr. Peterson spoke again on this matter and expressed his concern that
EDA would delay the project and asked if tax money could be used to construct the
line if EDA does not approve the contract.
City Manager Townsend explained that the point Council Member Sample was
making was true -- one member of the Council cannot promise that local funds will
be made available for this project. He further stated that if this grant does
not materialize, then temporary repairs will be made, but these temporary repairs
will just create problems further along the line.
Council Member Gulley expressed the opinion that Mr. Peterson is not
talking about temporary repairs, and City Manager Townsend stated that such a
project is beyond the City's appropriation ability right now.
Mayor Luby reiterated that the City Manager can find the money somewhere --
alleging that he has done it before.
City Manager Townsend stated that it is not fair for anyone to depart the
meeting with the impression that the line will be completely repaired if the
EDA funds are not forthcoming and again stated that there is no unappropriated
money in the General Fund, the Sewer Fund or the Bond Fund to make these repairs.
Minutes
Regular Council Meeting
November 2, 1977
Page 15
State Representative Gonzales inquired about what will be done if, for
some reason, EDA does not approve this contract and does not fund the project.
Council Members Lozano and Gill and City Manager Townsend all assured those
in the audience that the City will receive the EDA funds if the contract is in
compliance with the regulations.
City Manager Townsend briefly described the ordinances on the agenda,
reminding the Council that the third reading of the ordinance increasing the
land drilling permit had been withdrawn.
Mayor Luby called for discussion from the audience on the ordinances.
Mr. Clifford Cosgrove, 3302 Olsen, spoke in regard to the ordinance listed
as Item "a", particularly as it pertains to the establishment of certain positions
in Neighborhood Improvement, pointing out that he understood that the City already
has a department head for this department.
City Manager Townsend informed him that these positions were inadvertently
omitted from the Compensation Ordinance even though they were included in the s
Budget; they are different positions that are vacant at this time; and they will
comprise the staff that will carry out the Community Development Program.
Mayor Luby inquired about the ordinances listed as emergency ordinances.
City Manager Townsend stated that Ordinances "j" and "k" could very
easily be placed on a three -reading basis since they involve agreements with the
Corpus Christi Independent School District and the Junior College District for
tax collection. Mr. Townsend urged that Ordinance "1", which awards a contract
for replacement of the Horne Road Sanitary Sewer Line to Glaser Construction
Company, be passed on an emergency basis in order to obtain approval from EDA
so that the construction can commence.
Mayor Luby inquired if the Council passes this ordinance today, will this
tie the City to this particular contract so that the Council would be obligated
to honor this contract even if EDA funding is not forthcoming, thus prohibiting
funding from some other source?
City Manager Townsend assured him that they would not because the con-
tract is contingent upon EDA approval.
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Regular Council Meeting
November 2, 1977
Page 16
Mayor Luby agreed to place this ordinance on an emergency basis.
Mayor Luby declined to declare an emergency on Ordinance "m", which
authorized the sale of property to Calvin F. Bright.
City Manager Townsend urged that Ordinances "n" and "o", which deal with
appropriations of funds from various bond funds and Community Development Block
funds to the General Fund, be passed on an emergency basis. He pointed out that the
cash flow to the City during this period of the year, before taxes are collected, is
particularly low. He stated that these transfers of funds are needed in order to
allow the City to pay bills.
Mayor Luby refused to declare an emergency on these two ordinances.
In regard to the second reading of Ordinances "f" and "h", both concern-
ing the grant application from Urban Mass Transportation Act, Mayor Pro Tem de
Ases expressed concern that the interest to be earned from this grant is being
lost to the City because of the delay in passing the ordinance. Mr. de Ases
stated that he believed that Mayor Luby had placed these two ordinances on a
three -reading basis in order to allow citizens to speak in regard to them if
i
they desired, and since there was a public hearing held on this matter and there
does not seem to be anyone in the audience who wishes to speak on the ordinances
today, requested that Mayor Luby declare an emergency on the ordinances so that
the $1,400 in interest may be earned.
Mayor Luby refused to declare an emergency on these ordinances today.
There being no further discussion on the ordinances, Mayor Luby called
for the vote on the ordinances. City Secretary Read polled the Council for their
votes and the following ordinances were approved:
FIRST READING:
AMENDING ORDINANCE NO. 3658, AS AMENDED, BY AMENDING SECTION 250, CLASSIFICATION
PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, SO AS TO REFLECT CERTAIN POSITION
TITLE CHANGES AND BY ESTABLISHING CERTAIN CLASS CODES, POSITION TITLE AND CLASS
GRADES, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING AN EFFECTIVE DATE; PROVIDING
A SEVERANCE CLAUSE.
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 voting "Nay".
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Regular Council Meeting
November 2, 1977
Page 17
SECOND READING:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED,
BY AMENDING SECTION 53-257, SCHEDULE VIII, PARKING METER ZONES, BY DELETING SUB-
SECTIONS (a) THROUGH (f) THEREOF, AND BY ADOPTING NEW PARKING METER ZONES NOS. 1
THROUGH 4, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE.
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".
SECOND READING:
AUTHORIZING A ONE-YEAR LEASE AGREEMENT WITH THE CORPUS CHRISTI INTERNATIONAL
SEAMEN'S CENTER, INC., FORA PORTION OF THE PARK AND RECREATION BUILDING, 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 second time and passed to its third
reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and
Sample voting "Aye". F,
SECOND READING:
AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 2 TO THE CONTRACT WITH BEECROFT &
WILLIAMSON FOR THE CONSTRUCTION OF THE FLOUR BLUFF PARK AND SWIMMING POOL
CONSTRUCTION (PARKER MEMORIAL PARK) BOR PROJECT NO. 48-00409, A SUBSTANTIAL COPY
OF SAID CHANGE ORDER BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT
"A"; APPROPRIATING $4,340.06 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO
PROJECT NO. 291-72-9, FLOUR BLUFF POOL AND PARK CONSTRUCTION, SAID APPROPRIATION
BEING SUBJECT TO APPROVAL FROM THE BUREAU OF OUTDOOR RECREATION.
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".
SECOND READING:
AMENDING THE 1977-78 BUDGET FOR THE REVENUE SHARING FUND, NO. 126, BY REDUCING
THE ESTIMATED REVENUE BY $23,103, FROM $3,870,777 TO $3,847,674; AND REDUCING
THE REVENUE SHARING RESERVE BY $23,103, FROM $139,066 TO $115,963.
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 "Nay".
SECOND READING:
REDUCING THE 1977-78 APPROPRIATION OF $298,427 FROM THE GENERAL FUND TO THE
TRANSIT FUND TO $152,402 AND THE REVENUE SHARING CONTRIBUTION TO THE GENERAL FUND
BY $146,025, AND APPROPRIATING $146,025 FROM REVENUE SHARING TO THE TRANSIT FUND
TO MATCH THE 1977-78 GRANT APPLICATION FOR OPERATING ASSISTANCE FROM THE URBAN
MASS TRANSPORTATION ADMINISTRATION.
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 "Nay".
SECOND READING:
RESOLUTION REAFFIRMING SUPPORT OF THE HARBOR ISLAND AND ARANSAS PASS CHANNEL
MODIFICATION OF THE NUECES COUNTY NAVIGATION DISTRICT NO. 1, THE DEEP WATER PORT
AT HARBOR ISLAND, AND ALTERNATE NO. 4 OF THE HARBOR ISLAND FEDERAL STUDY, AND
READOPTING RESOLUTION NO. 11539 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE
20, 1973.
Minutes
Regular Council Meeting
November 2, 1977
Page 18
The foregoing resolution 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"; Luby voting "Nay"; Gill, abstaining.
SECOND READING:
RESOLUTION AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF
TRANSPORTATION, UNITED STATES OF AMERICA, FORA GRANT UNDER THE URBAN MASS
TRANSPORTATION ACT OF 1964, AS AMENDED.
The foregoing resolution 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 "Nay".
FIRST READING:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS
CHRISTI INDEPENDENT SCHOOL DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF
THREE YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID INDEPENDENT SCHOOL
DISTRICT AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5582, ALL AS MORE
FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO,
MARKED EXHIBIT "A" AND MADE A PART HEREOF.
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:
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CORPUS
CHRISTI JUNIOR COLLEGE DISTRICT FOR AN EXTENSION AND AMENDMENT FOR A TERM OF THREE
YEARS OF THE PRESENT TAX COLLECTION CONTRACT BETWEEN SAID JUNIOR COLLEGE DISTRICT
AND THE CITY, ORIGINALLY AUTHORIZED BY ORDINANCE NO. 5593, AND AS LAST EXTENDED
BY ORDINANCE NO. 12342; ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL
COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF.
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".
ORDINANCE NO. 14006:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLASER CONSTRUCTION COMPANY
FOR REPLACEMENT OF THE HORNE ROAD SANITARY SEWER LINE (E.D.A. PROJECT NO. 08-51-
21292), SUBJECT TO CONCURRENCE FROM THE UNITED STATES DEPARTMENT OF COMMERCE,
ECONOMIC DEVELOPMENT ADMINISTRATION; APPROPRIATING $747,000 OUT OF THE NO. 162
FEDERAL/STATE GRANTS FUND, ACTIVITY NO. 4720, CODE 502, PUBLIC WORKS IMPROVEMENTS,
OF WHICH $713,463.75 IS FOR THE CONSTRUCTION CONTRACT AND $33,536.25 IS FOR
ADDITIONAL ENGINEERING, LABORATORY TESTING, LEGAL ADVERTISING, AND INCIDENTAL AND
RELATED EXPENSES; 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".
FIRST READING:
AUTHORIZING THE CITY MANAGER TO CONVEY TO CALVIN F. BRIGHT LOT 12-A, BLOCK B,
FLOUR BLUFF ESTATES, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, UPON
PAYMENT OF THE CASH CONSIDERATION OF $8,000 FOR SAID PARCEL, A COPY OF INSTRUMENT
CONVEYING THE SAME BEING ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A".
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".
iiisnutes
Regular Council Meeting
November 2, 1977
Page 19
FIRST READING:
APPROPRIATING A TOTAL OF $67,467.86 AS FOLLOWS: $27,836.27 OUT OF THE NO. 220
STREET BOND FUND; $5,346.79 OUT OF THE NO. 250 SANITARY SEWER BOND FUND; $404.46
OUT OF THE NO. 295 STORM SEWER BOND FUND; $1,319.86 OUT OF THE NO. 162 FEDERAL/
STATE GRANTS FUND, ACTIVITY 4732, CODE 502; $256.53 OUT OF THE NO. 162 FEDERAL/
STATE GRANTS FUND, ACTIVITY 4734, CODE 501; $7,328.19 OUT OF THE NO. 162 FEDERAL/
STATE GRANTS FUND, ACTIVITY 4734, CODE 502; $24,975.76 OUT OF THE NO. 162 FEDERAL/
STATE GRANTS FUND, ACTIVITY 4736, CODE 502; APPLICABLE TO VARIOUS PROJECTS AS SHOWN
ON THE ATTACHED TABULATION, MARRED EXHIBIT "A", ATTACHED HERETO AND MADE A PART
HEREOF; AUTHORIZING A REIMBURSEMENT OF $67,467.86 TO THE NO. 102 GENERAL FUND
FOR' ENGINEERING•SERVICES PERFORMED DURING AUGUST'AND SEPTEMBER, 1977.
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 voting "Nay".
FIRST READING:
APPROPRIATING OUT OF NO. 162 FEDERAL/STATE GRANT FUND, COMMUNITY BLOCK GRANT
ACTIVITY 4736, CODE 502, THE SUM OF $144,589.17 TO REIMBURSE THE NO. 141
WATER REVENUE FUND, ACTIVITY 5171, CODE 602, FOR CITY FORCE ACCOUNT WORK
PERFORMED DURING JULY, AUGUST, AND SEPTEMBER 1977 APPLICABLE TO HIGH TERRACE,
LA ARBOLEDA, AND CASA BLANCA SUBDIVISIONS AS ALLOCATED IN THE 3RD YEAR COMMUNITY
DEVELOPMENT BLOCK GRANT CONTRACT FOR UTILITY SYSTEM IMPROVEMENTS AND RELOCATIONS.
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 voting "Nay".
* * * * * *
Council Member Sample inquired if, according to the terms of the fran-
chise with Cablevision, they are required to record the proceedings of the
Council Meetings.
City Manager Townsend informed him that this is not required according
to the franchise, but the station had made a practice of recording the proceed-
ings at one time. Mr. Townsend also stated that there will be an issue concern-
ing Cablevision which will be presented to the Council soon.
Council Member Sample stated that he felt that not enough citizens in
the City are aware of the issues before the Council and expressed the opinion
that if KEDT could tape the Council Meetings, the citizens would be more aware
of the things that occur during the meetings.
City Manager Townsend stated that he sees no reason why the non-profit
television station could not tape the meetings, either partially or in their
entirety, but the costs would have to be paid some way. Mr. Townsend further
stated that if the City wants to film the meetings, then the public television
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Regular Council Meeting
November 2, 1977
Page 20
station could carry it, but this would have to be done at City expense.
Council Member Gill mentioned the fact that an Austin public radio station
carries the Austin City Council Meetings live, and in a discussion with a citizen
of Austin, she had learned that some citizens regularly listen to the proceedings
of the meetings in that city.
Mayor Pro Tem de Ases stated that he was in favor of this and voiced his
concern that not enough citizens are aware of what the Council is doing. Mr. de
Ases referred to the number of citizens from the Horne Road area who had appeared
before the Council today and did not seem to be aware of all of the Council's
efforts in attempting to alleviate the situation caused by the breakage of the
sewer on Horne Road. Mayor Pro Tem de Ases asked for the preparation of a report
on the costs involved in taping or filming the City Council meetings.
* * * * * *
City Manager Townsend called to the attention of the Council the discus-
sion items that were included as a part of the Workshop Agenda and suggested that
these be discussed at this time.
City Manager Townsend stated that the first item to be considered was
the proposed plan for Los Encinos Park. He displayed a map of the area and
pointed out the location originally considered for the park, stating that this
location is in the noise zone and flight pattern of an airfield. He stated that
the staff felt that if the park were built south of the Los Encinos School, it
would attract additional subdivision development, which would be undesirable
because of the noise zone. City Manager Townsend stated that discussion had
been conducted with school officials in regard to the feasibility of establish-
ing the park in cooperation with the school. Mr. Townsend informed the Council
that another location for the park has been discussed where a wooded area now
exists.
Mr. Tom Utter, Director of Neighborhood Improvement Division, addressed
the Council and stated that his department has had a number of complaints about
this heavily wooded area and the unpleasant incidents that had occurred in that
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Regular Council Meeting
November 2, 1977
Page 21
location. Mr. Utter informed the Council that he had discussed this matter with
the owner of the property and also the need for a park in that area, and the pro—
perty owner had agreed to donate four acre of land for park use, and he would
like to recommend that the.City purchase an additional three acres to locate the
park outside of the flight pattern.
City Manager Townsend explained that the area being considered is located
directly across Greenwood near the homes that are in existence at this time. He
stated that this plan represents a change in the scope of the project and the
staff would like to have authorization to negotiate for the three additional
acres.
Council Member Gill inquired if the surrounding land will be subdivided
in the near'future.
Mr. Ernest Briones, Director of Planning and Urban Development, stated
that the four acres to be donated would be the normal dedication if the owner
plans to subdivide.
City Manager Townsend stated that the $100,000 designated for Los
Encinos Park includes funds for acquisition of land, pointing out that this
amount was the total amount in the bond program for this park, and if the four
acres are donated, the land acquisition costs will be greatly reduced.
Mr. Joe Schokome, 1418 Coahuila Street, stated that he resides near the
wooded section under discussion and mentioned the fact that at one time street
lights were in existence in the middle of the block, lint after they were destroyed
during Hurricane Celia, they were never replaced.
City Manager Townsend stated that he understood all lights had been
replaced following the hurricane but he will have this investigated.
Mr. Schokome suggested that the wooded area be cleared to eliminate some
of the problems which had occurred involving young people. City Manager Townsend
stated that locating the park in that area will provide a way for the City to be
able to clear the area.
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Regular Council Meeting
November 2, 1977
Page 22
Mayor Pro Tem de Ases asked if the City Manager is requesting the Council's
authorization to proceed with the acquisition for this tract.
City Manager Townsend stated that the staff is requesting the Council's
agreement on the location for the park, and if they approve, the staff will nego-
tiate with the owner for the land, and at a later date, the Park and Recreation
Department will provide recommendations in regard to the development of the park.
Representative Gonzales spoke at this time in regard to Los Encinos Park
and stated that the wooded area is larger than that shown on the map; expressed
concern in clearing the area as quickly as possible in view of the rape that
occurred there last week; stated that this secluded area is a haven for drug
addicts and others involved in burglaries; and suggested that sidewalks and
lighting be considered for the park.
Mayor Luby suggested that City Manager Townsend force the owner to clear
the area.
City Manager Townsend expressed the opinion that the City can acquire
the land and then clear it, pointing out that it is not illegal for a property
owner to have a large wooded area.
Council Member Lozano emphasized that drug usage occurs everywhere in
most of the City parks, and this cannot be stopped.
Speaking on another matter was Ms. Diane Kloster, who referred to Council
Member Sample's suggestion that the proceedings be filmed or taped for radio,
indicating that she was very much in favor of this.
In regard to the discussion item of the proposed Title II and Title VI
CETA special projects, Mr. Speed reported that Mr. Ezequiel Elizondo, CETA Pro-
ject Director, had recommended funding for additional personnel in the Brush
Collection Activity of the Sanitation Department and two gardeners for the
Airport. Mr. Speed also stated that the staff is recommending funding for
two Administrative Aides and two Clerk II positions to work through Corpus
Christi State University on the Canto al Pueblo, which is a week-long festivity
,tes
Regular Council Meeting
November 2, 1977
Page 23
focusing on Mexican -American art scheduled to be held in Corpus Christi in June,
1978; and also six employees for the Coastal Bend Halfway House for Alcoholics, Inc.
Following discussion of the special projects positions, it was agreed
that the positions involved in the Canto al Pueblo festivity should terminate at
the end of this event, and Mr. Speed agreed that these positions will have to be
for seven or eight months rather than a year.
Mayor Luby suggested that funding be considered under the CETA VI Special
Projects for some of the Mexican -American dance groups, and Mayor Pro Tem de Ases
suggested the consideration of the Mexican -American theater group which is under
the direction of Mr. Gilbert Quintanilla (who is employed at Harris and Frank) and
Mr. Jesse Galvan (who is employed at the Small Business Administration).
There being no further business to come before the Council, on motion by
de Ases, seconded by Diaz and passed unanimously, the Regular Council Meeting was
adjourned at 6:30 p.m. November 2, 1977.