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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. Minutes 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". es 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 Minutes 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 Minutes 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. Minutes 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.