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HomeMy WebLinkAboutMinutes City Council - 01/25/1978'MINUTES CITY OF'CORPUS CHRISTI, TEXAS REGULAR COUNCIL.MEETING JANUARY 25, 1978 2:00 P. M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: *David Diaz Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward L. Sample City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Jason Luby called the meeting to order in the Council Chamber of City Hall. The invocation was presented by the Reverend Harold T. Branch of the St. John Baptist Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Sample that the Minutes of the Regular Council Meeting of January 4, 1978 be approved as presented; seconded by Lozano; and passed by the following vote: de Ases, Gill, Gulley, Lozano and Sample voting "Aye"; Luby vot- ing "Nay"; Diaz, absent at the time the vote was taken. Mayor Luby announced that a proclamation had been issued declaring January 29 through February 4, 1978 as "NATIONAL CATHOLIC SCHOOLS WEEK." Mayor Luby presented a 30 -year pin to the following City employee: EMPLOYEE DEPARTMENT POSITION YEARS OF SERVICE Mr. Gordon Perry Fire Fire Captain 30 Mayor Luby then presented retirement plaques to the following employees: EMPLOYEE DEPARTMENT POSITION YEARS OF SERVICE Mr. Melvin DePriest Wastewater Equipment Operator I 17 Mr. Ruben Garza, Jr. Gas Trades Helper 14 Mr. Hicks Elliff Fire Fire Captain 18 Mr. Bid Cummings Aviation Electrician 32 Mayor Luby recognized Mr. Hector Morales of the Nueces County Sheriff's Department. Mr. Morales expressed his appreciation to the members of the City Council who were present recently at the Knights of Columbus Council 1202 meeting, at which time Sergeant Benito Cardona of the Sheriff's Department was honored. Mr. Morales • MICROFILMED SEP 0 319801 Minutes Regular Council Meeting January 25, 1978 Page 2 also expressed appreciation for the cooperation that exists between the City Police Department and the Nueces County Sheriff's Department. Mayor Luby congratulated Mr. Morales on his appointment to a position with the Sheriff's Department. *Council Member David Diaz arrived at the Meeting at 2:15 p.m. Mayor Luby announced the bid opening scheduled for 2:00 p.m. for the lease of minerals and requested City Manager R. Marvin Townsend to explain. City Manager Townsend explained the terms of the bid for lease of minerals as follows: Lease of minerals underlying the .724 acre site of Fire Station No. 5 on Leopard Street near Nueces Bay Boulevard. The lease will provide the following: (1) A minimum bonus of $500 per acre fora 1 -year primary term. (2) A minimum royalty of 3/16. (3) The right to pool the minei'+ls with adjoining acreage not to exceed an aggregate of 352 acres. Mr. Townsend then asked Mr. T. M. Jarvis, Purchasing Agent, to conduct the bid open- ing. Mr. Jarvis opened and read the only bid received which was from Kelly Bell. Mayor Luby stated that the bid would be tabled for 48 hours, in compliance withpthe requirements of the City Charter, and referred to the staff for tabulation and recommendation. * * * * * * Mayor Luby announced the public hearing on closing the alley in Block 17, Forest Park Addition, located generally between Stillman Avenue and Palm Drive and Leopard and Antelope Streets, at the request of the abutting property owners. City Manager Townsend explained that this is the location of the Chicken Shack; the adjacent property owner is Mr. Rayford McNabb of McNabb's Liquor Store, and he concurs with the request for the alley closing; and all City Departments, as well as Central Power and Light Company and Southwestern Bell Telephone Company, have no objections to the closure; therefore, the City Staff recommends that it be closed. Minutes Regular Council Meeting January 25, 1978 Page 3 No one spoke in opposition to this requested closing. Motion by Sample that the hearing be closed, seconded by de Ases, and passed unanimously. Motion by Gill that the alley in Block 17, Forest Park Addition, between Stillman Avenue and Palm Drive be closed; seconded by Sample; and passed unani- mously. Mayor Luby announced the public hearing on the request to close the dead end portion of Second Street south of Elizabeth lying between Lots 1 and 5, Block 10, and Lots 9 through 14, Block 11, of Ocean View Subdivision, at the request of the abutting property owner, Spohn Hospital. City Manager Townsend explained that the property involved has been acquired by Spohn Hospital for expansion; there was a question from the Fire Department concerning access to the area, but this has been resolved to assure the Fire Department that access will not be impeded; and all City departments concur with the closing. Mr. Townsend also informed the Council that a resident in the area had inquired as to why the City does not receive payment for street closures. Speaking on behalf of the applicant, Spohn Hospital, was Mr. Jesse C. Westley of Munroe & Bass, Inc., who stated that the applicant owns all of the abutting property and located the area on the map displayed before the Council. No one appeared in opposition to the closure. Motion by de Ases that the hearing be closed, seconded by Sample, and passed unanimously. Motion by de Ases that the dead end portion of Second Street south of Elizabeth Street, lying between. Lots 1 and 5, Block 10, and Lots 9-14, Block 11, of Ocean View Subdivision, be closed; seconded by Diaz; and passed unanimously. Council Member Gulley requested that City Secretary Read reply to the letter from the property owner and inform him that when a street is closed, the property goes to the abutting property owners. City Manager Townsend mentioned that it is possible for the City to charge the abutting property owner who acquires property realized from a street closure, but such property cannot be sold to a third person. Minutes Regular Council Meeting January 25, 1978 Page 4 City Manager Townsend reminded the Council that there was discussion at the Workshop Meeting on appointments to Boards and Commissions and that it was his understanding that the Council desired to appoint Mr. Richard Pittman to the Electrical Advisory Board. In regard to the Bay Drilling Committee, Mayor Luby referred to the fact that he had nominated Mr. Ed Driscoll to serve as the industry member of this committee and stated that he disagrees with the ordinance which specifies that the industry member should be nominated by the industry; that he felt that the committee should include anoilindustry member from the inland area; and that Mr. Driscoll is his choice for the oil industry member to be appointed to the Bay Drilling Committee. Motion by Gulley that Mr. Pittman be appointed to the Electrical Advisory Board, seconded by Sample, and passed unanimously. The following appointment was made: ELECTRICAL ADVISORY BOARD Term to Expire Mr. Richard C. Pittman 12/31/79 Council Member Gill stated that she would like to request that an item be placed on the Council agenda for next week, February 1, 1978, in regard to the request of the union representatives of City employees to consider dues checkoff. Mayor Luby agreed that he would like to have this heard on February 1. City Manager Townsend stated that the gentlemen who are with the union were informed that this matter would be considered by the Council on February 8, and the staff might not have all of the necessary figures ready before that date. Council Member Gulley stated that he was in agreement with the February 8 date for that matter. Council Member Sample also stated that he felt that the matter should be considered on February 8 in order to give the staff time to prepare the necessary material for the discussion. Mayor Pro Tem de Ases stated that he would refrain from this discussion Minutes Regular Council Meeting January 25, 1978 Page 5 in view of the fact that he had announced that he will seek the office of District Judge and will no longer be a member of the Council. Council Member Diaz stated that since the Council had consented to place this matter on the agenda and the staff is compiling facts related to it, he believes that the February 8 date would be preferable. Council Member Lozano indicated that he would agree to have it placed on the agenda for February 8. Mayor Luby stated that it was the consensus of the Council that the matter be placed on the agenda for February 8, 1978. Mayor Luby called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that bids be received at 11:00 A.M., Tuesday, February 14, 1978, for automotive type air conditioning repair of City vehicles and equipment for one year. b. Recommendation that bids be received on February 22, 1978, to lease minerals underlying 5 acres on Up River Road near Navigation Blvd. A request from Mr. Phillip N. Bell has been received to lease the minerals. The lease will provide the following: 1. Minimum bonus of $50.00 per acre with $10.00 per acre delay rental for primary term of three years. 2. Minimum royalty of 1/5th. 3. The right to pool minerals with adjoining acreage not to exceed an aggregate of 320 acres for gas or 40 acres for oil. The site is outside the City limits. The surface was sold to the Corpus Christi Country Club in 1938 but the City retained the minerals. The surface now belongs to Coastal States. c. Recommendation that a contract for construction of approximately 407 feet of screening fence at Fire Station #14 at La Costa Drive and South Staples be awarded to ALLIED FENCE COMPANY, Corpus Christi, on the basis of low bid of $2,645.50. Bids were received from five firms. Construction of the fence was a condition of the purchase of the site. d. Recommendation that an application by Atlantic Richfield Co. to drill Well #3-X in State Tract 431 be approved. The well is to be drilled to a depth of 7,700 ft. at a regular location in Corpus Christi Bay approximately 1/2 mile west of Mustang Island and 5 miles southeast of Ingleside, as a straight hole. Atlantic Richfield has complied with all requirements of the Bay Drilling Ordinance. No exceptions are requested. e. Recommendation that the lease agreement with the Missouri Pacific Railroad Company for approximately 28,000 square feet of land for material storage adjacent to the railroad yard at West Broadway and Sam Rankin Streets for Street Division material storage be renewed for $675 per year. The original lease was for $90 per year with renegotiation every 5 years. The $90 rental rate has been in effect since 1950. Minutes Regular Council Meeting January 25, 1978 Page 6 f. Recommendation that an agreement with Mobil Pipe Line Company be approved for the adjustment of approximately 200 feet of a 6" products pipe line crossing the Hearn Road Ditch immediately south of Interstate 37 north of Loma Alta Road, and $12,348 be appropriated to reimburse Mobil for the estimated cost. The adjustment is necessary prior to realignment of the ditch and installation of a sanitary sewer trunk main to serve Country Estates Subdivision. g. Recommendation that contracts be approved with Thomas Y. Pickett and Company, Inc., of Dallas, for appraisal of oil and gas properties and certain industrial properties in the City and the Corpus Christi Independent School District for tax assessment purposes at a cost of $18,500. This is an increase of 13.85% over last year's fee of $16,250. The fee has remained at $16,250 since 1971. The contract includes 6500 mineral interests in 955 accounts; all refineries, gasoline plants, recycling plants, storage facilities, tank farms and stored 'products and American Smelting, Celanese, Centex, CPC and PPG. The assessments in 1977 represented 5.8% of the City and 15.6% of the school tax rolls. h. Recommendation that the Civil Service Rules and Regulations be amended to require that, for all resignations resulting from unauthorized absences of three or more consecutive work days, written notification will be sent to the affected employee. The Rules provide that unauthorized absences of three days are'considered as resignations. This amendment simply adds the requirement that written notice be provided to the employee at the last known address. The Civil Service Board so recommends. i. Recommendation that a Transit Advisory Board be created consisting of 7 members with staggered 3 -year terms with at least one member representing the senior citizens of the community and one the physically handicapped. The Board would advise the City Council and City Manager about all public aspects of transit service, including system financing, route determinations, service modifications, customer complaints and transit planning. j• (Item "i" was not'approved by the Council -- See Page 10.) Recommendation that a cooperation agreement be approved with the Coastal Bend Council of Governments, which provides that the COG and the City will coordinate transportation planning efforts in the Corpus Christi urbanized area, share planning resources and data, and both review applications for federal assistance for local transportation improvements. The agreement is required by the U.S. Department of Transportation when the A95 review agency (COG) and the Metropolitan Planning Agency (Corpus Christi) are different. k. Recommendation that the offer by the Governor's Committee on Aging of an additional $18,374 for the nutrition program for the elderly be accepted. This will enable the number of meals being served to be increased from 613 to 650 per day in Nueces County or a total of 703, including the 53 meals per day in Kleberg County. At the Committee's request, it is further recommended that the budgeted positions of Nutrition Coordinator and Recreation Coordinator be deleted, and the Nueces and Kleberg County contracts be consolidated for a total program of $448,396, including $349,109 from the federal government, $25,957 in donations by meal recipients, $46,764 in surplus commodities, and $2,475 from Kingsville and $24,091 from Corpus Christi's budget. Regular Council Meeting January 25, 1978 Page 7 1. Recommendation that a 3 -year oil and gas lease on a 470 -acre tract at the Airport be awarded to MOBIL OIL COMPANY, Houston, on the basis of the high bid of a cash bonus of $47,235 ($201 per acre) and a royalty of 221/2%. Two bids were received. The City owns 50% of the minerals under the tract. m. Recommendation that the bid received for the 3 -year mineral lease on the 388.6 -acre Rand Morgan Tract be rejected. One bid of $20,638.55 was received. n. Recommendation that 35 Title VI C.E.T.A. special project positions be approved. Of this total, 25 will be used in the following City departments: Water - 2 to paint fire hydrants; Museum - 5 additional for preservation and restoration of the railroad cars; Police - 2 to convert index file cards on offense reports to computer records; Community Enrichment - 1 to assist the Arts Council establish office procedures; Health - 1 to inventory equipment; Street - 13 for street and right-of-way cleaning; and Building Maintenance - 1 additional to renovate the recently acquired County Tax office. In addition, 10 positions are recommended with other agencies through work site agreements: Mental Health Association - previously approved special project supplemented by 1 clerk typist; Coastal Bend Business and Industrial Development, Inc. - previously approved special project modified to include clerical support and 2 additional positions to develop a curriculum for seminars as well as gather data from present and past BID, Inc. clients; Cliff Maus Village Apartments - 3 to paint the apartment complex; Seamen's Center - 3 to organize and file existing records and develop a volunteer progra-1. All positions are recommended through September 30, 1978 at a cost of $159,300. o. Recommendation that $22,500 be provided from the General Fund reserve for the following vehicles and equipment for Title VI CETA special project crews in the Park and Street Divisions; (1) $18,000 to support four 5 -person Park right-of-way beautification crews including the six-month lease of three vans ($6,200), fuel and lubricants ($1,400), and purchase of power equipment and hand tools ($10,400). (2) $3,000 to overhaul a street sweeper which was used as a spare until the engine failed. This equipment will be used in conjunction with a seven -person special project crew to hand sweep intersections and street sections where the sweeper cannot operate effectively. (3) $1,500 to repair two dump trucks scheduled for replacement to provide support for a six -person street special project crew to perform a one-time cleaning of right-of-way acreage on Leopard, Lexington, and Highway 44. p. Recommendation that the City enter into a Title VI worksite agreement with Nueces County for special projects to be performed within the City. The County presently has a Title VI allocation to fund special projects outside the City. Through the worksite agreement, special projects would be funded through September 30, 1978, with employees outstationed in various County offices. Special projects will be reviewed and approved by the Commissioner's Court and the City Council for each project. Current discussions with the County include special projects designed for clerical assistance to up -date records and revise office procedures, maintenance personnel for renovation of various buildings, and crew workers to perform one-time projects. The Commissioner's Court approved the worksite agreement on January 24, 1978. Minutes Regular Council Meeting January 25, 1978 Page 8 q• Recommendation that the contract with International Association of Firefighters be amended to provide for a supplemental eligibility roster for Firefighter II positions when it is determined that there is an insufficient number of eligible persons on the current roster. The contract provides that firefighters hired prior to October 1, 1973 are not required to maintain EMT -A certification. There are 13 on the current Firefighter II eligibility roster in this category. The con- tract amendment further provides that firefighters with less than two years of service and EMT -A certification will be eligible to take the Firefighter II examination for the supplemental roster. Nineteen addi- tional firefighters will be eligible to take the exam if this change is approved. There are now 9 vacant Firefighter II - Ambulance posi- tions. During a discussion of Items "n", "o" and;"p", Council Member Gill inquired if any of, the CETA personnel are involved in the restoration of the concrete and cables on the T -heads. City Manager Townsend replied that the work being done right now on the T -heads is on the gear boxes but indicated that he felt that this was an excellent idea and suggested that Mr. Richard Mertz, Administrative Assis- tant,investigate the possibility of CETA personnel performing work on the concrete and cables. Mayor Luby explained to the students in the audience the CETA program. In regard to Item "g", which recommends that a Dallas firm be retained to conduct appraisals of oil and gas properties, Council Member Sample inquired if there is a local firm that is qualified to perform this service. City Manager Townsend informed him that only two firms in Texas are experienced in this type of appraisal and that he is not aware that there is a local firm qualified to do this type of work. He also pointed out that the firm retained must be in a position to testify as to the appraisals. Mayor Luby questioned the $18,500 cost for this appraisal service, and City Manager Townsend stated that he felt that this is a very reasonable price considering the fact that it involves 955 mineral accounts and all of the refineries in the City. On another matter, Council Member Diaz inquired if the City has a crew to repair holes in the streets on an emergency basis. City Manager Townsend informed him that the Street Division does have such a crew and Minutes Regular Council Meeting January 25, 1978 Page 9 suggested that if any of the Council Members are aware of a particular problem on any of the streets, the staff will be glad to report such areas to the Street Division. In regard to Item "i", Council Member Gulley stated that he understood that following the discussion by the Council on the creation of a Transit Advisory Board, it was decided that such a board would be unnecessary. Council Member Sample also indicated that it was his understanding that the board would not be created. Council Member Gill reminded the Council that this was to be placed on the agenda in order for a vote to be taken. City Manager Townsend agreed that this item was placed on the agenda for that purpose but stated that the staff does not recommend that a Transit Advisory Board be formed, but assured the Council that the staff would be glad to work with a board if the Council so desired. Council Members Sample and Gulley stated that they did not feel a Transit Advisory Board was necessary at this time. Mayor Luby pointed out that the City had recently employed an employee in the Transit Division as director and asked for the opinion of that director on the creation of such a board. City Manager Townsend informed the Council that Mr. Tom Stewart, Director of Traffic and Transit, is in charge of the Transit Division and stated that both Mr. Stewart and Mr. Jim Wiesehuegul, Director of Transit, had expressed a willing- ness to work with a board. Mayor Luby suggested that Mr. Wiesehuegul appear before the Council in the future to make a report. City Manager Townsend reminded the Council that two firms, Ilium Associates, Inc., and Texas A & M Research Foundation, had recently been authorized to conduct studies on the transportation needs of the elderly and handicapped and to provide a transit marketing plan. Council Member Gill indicated that she would like to have a citizen advi- sory board to provide citizen input for the transit system and stated that if Minutes Regular Council Meeting January 25, 1978 Page 10 citizens who are interested in the transit program are appointed to a board, it would be a successful board. Council Member Sample expressed the feeling that a Transit Advisory Board might be needed in the future if public transportation becomes a vital issue if there is a serious shortage of gasoline, but stated that he felt that the forma- tion of a board at this time might be a little premature. Further discussion followed on this matter, and Mayor Pro Tem de Ases suggested that the City consider providing free bus service from the Nueces County Courthouse to the downtown area. City Manager Townsend agreed that this is a possibility but pointed out that there would be a slight loss of revenue if the City provided free bus service in this area. There was no discussion from members of the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" through "q", be accepted; seconded by Diaz; and passed by the following vote: de Ases and Gill voting "Aye" on all of the items; Luby voting "Aye" on all of the items with the exception of Items "b" and "g"; Sample, Diaz, Gulley and Lozano voting "Aye" on all of the items with the exception of Item "i". (Item "i" failed to pass by a majority vote.) * * * * * * Mayor Luby announced the pending zoning case of Mr. Robert M. Kendrick. City Manager Townsend stated that the applicant, Mr. Robert M. Kendrick, had requested change of zoning from "R -1B" One -Family Dwelling District to "B-1" Neighborhood Business District on a tract of land located on the west side of Airline Road and Kimbrough Drive. The application was heard on January 4, 1978, at which time "B-1" was denied but in lieu thereof "AB" was approved on Lots 7 through 11 and Lots 15 and 16 and a special permit was approved on Lots 12, 13 and 14 for all "B-1" uses with the exception of the sale of food. A site plan has been received for Lots 12 through 14. The Planning Commission recommended Minutes Regular Council Meeting January 25, 1978 Page 11 "AB" zoning on all lots; therefore, approval of the special permit would require five affirmative votes of the Council. Motion by Gill that the site plans submitted for Lot 12 and for Lots 13 and 14 be approved by the Council; seconded by Sample; and passed unanimously. City Manager Townsend stated that the ordinances effectuating the changes of zoning are on the agenda today but noted that one ordinance granting the spe- cial permit for Lots 12, 13 and 14 is listed, whereas two ordinances should be approved since two different property owners are involved. He further informed the Council that two separate ordinances will be prepared for consideration at a later date. Mayor Luby called for the presentation of the ordinances and requested that City Manager Townsend explain to the students in the audience the procedure for approval of the ordinances. City Manager Townsend explained the difference between approving items as a part of the City Manager's Reports by motion; passing an ordinance on a three - reading basis and on an emergency basis; and the types of ordinances that are required by law to be read three times. Mayor Luby informed the students that the Mayor has the prerogative of declaring an emergency on certain ordinances and also explained the Mayor's right to veto ordinances. City Manager Townsend then explained the ordinances to be considered. There was no discussion from members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND READING: ADOPTING THE STANDARD PLUMBING CODE, 1975 EDITION, AND THE 1977 REVISION THERETO, AND THE STANDARD GAS CODE, 1976 EDITION, FOR THE REGULATION OF THE INSTALLATION, ALTERATIONS, REPAIRS, REPLACEMENT, EQUIPMENT (INCLUDING APPLIANCES, FIXTURES, FITTINGS) OR APPURTENANCES THERETO AND COMBINATIONS THEREOF, OF PLUMBING AND GAS PIPE AND APPLIANCE FITTINGS, BOTH EXISTING AND NEW, AND ALL PARTS THEREOF, INCLUDING EVERY CONNECTION TO THE WATER OR SEWERAGE SYSTEM OF THE CITY, AND EVERY CONNECTION TO A GAS SUPPLY SYSTEM, WITH CERTAIN CHANGES THEREIN AND ADDITIONS THERETO; PROVIDING FOR ADMINISTRATION AND ENFORCEMENT; MAKING VIOLATIONS A MISDEMEANOR PUNISHABLE BY FINE NOT EXCEEDING $200; PROVIDING FOR PUBLICATION BY NOTICE; PROVIDING A SAVINGS CLAUSE; AND REPEALING ORDINANCE NO. 12164. 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". Minutes Regular Council Meeting January 25, 1978 Page 12 THIRD READING - ORDINANCE NO. 14140; MAKING FINDINGS OF FACT; AMENDING ORDINANCE NO. 12208, PASSED AND APPROVED AUGUST 7, 1974, BY AMENDING CERTAIN SCHEDULES THEREIN SO AS TO INCREASE THE WATER RATES TO PROVIDE AN OVERALL INCREASE FOR CUSTOMERS USING TREATED WATER AND UNTREATED WATER, INCLUDING MINIMUM CHARGES, AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gill, Lozano and Sample voting "Aye"; Luby and Gulley voting "Nay." THIRD READING - ORDINANCE NO. 14141: AUTHORIZING THE EMPLOYMENT OF HOBBY H. McCALL TO PROVIDE BOND ATTORNEY SERVICES AND M. E. ALLISON, SR., TO PROVIDE FINANCIAL ADVISORY SERVICES; APPROPRIATING $48,513 OUT OF THE NO. 102 GENERAL FUND TO PAY THE ESTIMATED COSTS OF SELLING OF BONDS, WITH REIMBURSEMENT TO BE MADE TO THE NO. 102 GENERAL FUND OUT OF THE PROCEEDS OF THE BOND SALE. The foregoing ordinance was read for the third time and passed finally by the fol- lowing vote: de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye"; Luby voting "Nay." ORDINANCE NO. 14142: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH MOBIL PIPE LINE COMPANY FOR THE ADJUSTMENT OF A LINE WHICH CROSSES THE HEARN ROAD DITCH, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERLTO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $12,348 OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO THE AFORESAID PROJECT, NO. 295-70-70; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14143: AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENTS WITH THOMAS Y. PICKETT & COMPANY, INC. OF DALLAS, TEXAS, FOR THE PURPOSE OF APPRAISAL AND VALUATION OF OIL AND GAS PROPERTIES AND PIPELINES AND FOR THE APPRAISAL AND VALUATION OF CERTAIN OIL REFINING AND RELATED PROPERTIES AND CERTAIN INDUSTRIAL PROPERTIES, LOCATED IN THE CITY OF CORPUS CHRISTI, TEXAS, AND/OR THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR TAX ASSESSMENT PURPOSES, ALL AS MORE FULLY SET FORTH IN THE AGREEMENTS, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A" AND "B"; APPROPRIATING AND REAPPROPRIATING OUT OF NO. 102 GENERAL FUND THE SUM OF $18,500 FOR PAYMENT OF THE AFORESAID SERVICES; 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: AMENDING THE CIVIL SERVICE BOARD RULES AND REGULATIONS BY AMENDING ARTICLE FIVE, SECTION 8: RESIGNATION, SO AS TO REQUIRE THAT, FOR ALL RESIGNATIONS 'RESULTING FROM UNAUTHORIZED ABSENCES OF THREE OR MORE CONSECUTIVE WORK DAYS, WRITTEN NOTIFICATION WILL BE SENT TO THE AFFECTED EMPLOYEE AT THE LAST ADDRESS SHOWN IN THE PERSONNEL RECORDS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING SEVERANCE. 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". Minutes Regular Council Meeting January 25, 1978 Page 13 ORDINANCE NO. 14144: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT FOR THE CITY OF CORPUS CHRISTI, AS THE DESIGNATED METROPOLITAN PLANNING ORGANIZATION, WITH THE COASTAL BEND COUNCIL OF GOVERNMENTS TO PROVIDE FOR COORDINATION OF PLANNING EFFORTS AND THE JOINT REVIEW OF APPLICATIONS FOR FEDERAL ASSISTANCE AFFECTING TRANSPORTATION SYSTEMS IN THE CORPUS CHRISTI URBANIZED AREA; AS MORE FULLY SET FORTH IN SAID AGREEMENT ATTACHED HERETO AND MADE A PART HEREOF, AND MARKED EXHIBIT "A", AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14145: AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE TITLE VII APPLICATION TO THE GOVERNOR'S COMMITTEE COMBINING THE NUTRITION PROGRAMS IN KLEBERG COUNTY AND NUECES COUNTY, TOTALLING $448,396. THE FEDERAL PORTION IS $349,109 AND THE LOCAL SHARE, INCLUDING COMMODITIES, IS $99,287, ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS IN ORDER TO CONTINUE THE AFORESAID PROGRAMS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diak., Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14146: AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 -YEAR MINERAL LEASE WITH MOBIL OIL COMPANY FOR THE LEASE OF 501 OF THE MINERALS UNDER A 470 -ACRE TRACT AT THE AIRPORT, AS MORE FULLY DESCRIBED IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye". ORDINANCE NO. 14147: APPROVING THE FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION AND HOUSING ASSISTANCE PLAN, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO SUBMIT THE SAID GRANT APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO SIGN ALL OTHER DOCUMENTS AND CONTRACTS RELATING TO THE SUBMISSION THEREOF; AUTHOR= IZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE GRANT UPON APPROVAL OF THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye." ORDINANCE NO. 14148: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDI- NANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT "A" FROM "R -1B" Minutes Regular Council Meeting January 25, 1978 Page 14 ONE FAMILY DWELLING DISTRICT TO "B-3" BUSINESS DISTRICT, AND ON TRACT "B" FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT, SAID TRACTS BEING OUT OF SECTION 7, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye." ORDINANCE NO. 14149: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF ROBERT KENDRICK BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 7 THROUGH 11 AND LOTS 15 AND 16, BLOCK 1, KOOLSIDE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "AB" PROFES- SIONAL OFFICE DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLAR- ING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye." ORDINANCE NO. 14150: AMENDING THE CONTRACT AUTHORIZED BETWEEN THE CITY OF CORPUS CHRISTI AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION 936, BY ORDINANCE NO. 13930, PASSED AND APPROVED ON SEPTEMBER 7, 1977, BY AMENDING ARTICLE V, SECTION 2, SUBSECTION B (2), CONCERNING VACANCIES IN THE FIREFIGHTER II CLASSIFICATION, AS TO ELIGIBILITY, EXAMINATIONS AND APPOINTMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, de Ases, Diaz, Gill, Gulley, Lozano and Sample voting "Aye." In a further discussion of the Bay Drilling Committee appointees, Mayor Pro Tem de Ases inquired about the status of Mr. Ed Driscoll and whether or not the appointment of an inland oil industry representative would be in compliance with the ordinance setting forth the method of appointments to this committee. Mayor Luby pointed out that the members of the Bay Drilling Committee are aware of his preference for this appointment, and they have made no effort to contact him in regard to this matter. Mayor Pro Tem de Ases informed the Council that he had spoken with Mr. Driscoll, had mentioned the appointment to him, and Mr. Driscoll had commented to him that his experience was in drilling and oil field operations on land. Mr. Regular Council Meeting January 25, 1978 Page 15 de Ases stated that Mr. Driscoll had suggested that Mr. Bill Null be considered as an appointee for the Bay Drilling Committee. Mayor Pro Tem de Ases reminded the Council that it had been suggested that the staff contact the o11 industry to see if they would agree to the nomination of Mr. Driscoll in order to avoid a conflict. Mayor Luby stated that he would like to nominate Mr. Bill Null as the industry representative to the Bay Drilling Committee. Council Member Gulley stated that he was not prepared to vote for anyone other than a citizen nominated by the oil industry at this time and he would like to have a resume of Mayor Luby's nominee before he votes. Mayor Luby assured Mr. Gulley that he will have a resume on Mr. Bill Null next week. * Mayor Pro Tem de Ases stated that he would like to submit his resignation from the Council at this time and presented his letter of resignation to the members of the Council. Mr. de Ases expressed his appreciation for the oppor- tunity to serve the people of Corpus Christi and stated that he had enjoyed very much working with other members of the Council. He also expressed his apprecia- tion for the courtesy and cooperation he had received from the staff during his tenure. Mr. de Ases also indicated that he is not concerned about the future of Corpus Christi and that he feels that there will be even greater equanimity and harmony on the Council in the future. He thanked the Council Members for naming him as Mayor Pro Tem. Council Member Diaz commented on Mr. de Ases' resignation and stated that this Council will suffer a great loss but the judiciary will gain if Mr. de Ases is elected to the position of District Judge. Council Member Gill stated that she would miss Mr. de Ases very much. Mayor Luby echoed the sentiments of Mrs. Gill. Council Member Sample agreed that the Council had suffered a great loss, wished Mr. de Ases "God speed", and stated that he had always respected Mr. de Ases for his integrity. Minutes Regular Council Meeting January 25, 1978 Page 16 Council Member Lozano informed Mr. de Ases that he would be missed and stated that he respects his opinions and ideals. Council Member Gulley wished Mr. de Ases good luck in his future endeavors. Mr. de Ases departed the meeting at 4:03 p.m. Motion by Gulley that the Council go into closed session to discuss the election of a Mayor Pro Tem, seconded by Sample. Council Member Gill suggested that the Council consider petitions or infor- mation from the audience on matters not scheduled on the agenda before they go into closed session. Council Member Gulley pointed out that Mr. Lozano was ill and suggested that the election of a Mayor Pro Tem be discussed as soon as possible. Mayor Luby called for the vote on the motion to go into closed session, and the motion passed unanimously. City Attorney Aycock cited as the authority for the closed session Article 6252-17, Section 2, of V.A.C.S. The Council went into closed session at 4:05 p.m. The Regular Council Meeting was reconvened at 4:15 p.m. Motion by Diaz that Gabe Lozano, Sr., be appointed Mayor Pro Tem by acclamation; seconded by Gill; and passed unanimously. Mayor Pro Tem Lozano promised that he would do the best job possible as Mayor Pro Tem. He mentioned that he is serving his seventh term as a member of the Council and that this would probably be his last term. Mayor Pro Tem Lozano then asked to be excused from the meeting at this time. Council Member Gulley stated that it was the consensus of the Council that a replacement for Mr. de Ases be considered next week, and he moved that this item be placed on the agenda for February 1. Mayor Luby contended that it had been improper to consider the appoint- ment of a Council Member during the closed session. Council Member Gulley stated that it was listed on the agenda for today and the City Charter specifies that when a vacancy occurs that a replacement Minutes Regular Council Meeting January 25, 1978 Page 17 should be appointed as soon as possible. Council Member Sample seconded Mr. Gulley's motion, and the motion passed unanimously. Council Member Sample pointed out that postponing the appointment for one week would give the public an opportunity to express their opinions to the Council and will prevent any rash decisions. Mayor Luby called for petitions and information from the audience on matters not scheduled on the agenda. Mr. R. J. Herschbach, 4650 Hakel, addressed the Council and stated that he understood that there was an item under discussion during the Workshop Meeting that morning, stating that he would like to speak on the matter of the assault on a child in the City Police Station. He indicated that it was his understand- ing that the Council has taken some action for an investigation. Mr. Herschbach stated that he wanted to explain some of the discrepancies that had appeared in the newspaper in regard to the incident, stating that he felt that he did not think statements from employees should be taken because that would incriminate the employees if the assault did occur as his niece has claimed. He also stated that he had no reason to doubt her statement that such an incident did occur. Mr. Herschbach informed the Council that he had brought the girl and her mother to Mr. Townsend's office to discuss the incident last Friday after other members of his family had contacted Mr. Townsend. He agreed with the statement made by the City Manager that he had discussed the incident with other members of the family, but stated that the matter was discussed for approximately 5 minutes one time and 14 minutes on another occasion. Mr. Herschbach requested that Mayor Luby appoint a committee to investigate the matter. Mayor Luby explained to Mr. Herschbach that the Council had just received the information that day and that he doubted that any of the Council Members had had an opportunity to study it. In answer to Mr. Herschbach's charges, City Manager Townsend informed the Council that the proper procedure to register a complaint against the Police The minutes of January 25, 1978 are missing page 18. After further research, the original document and the microfilm are also missing this page. Minutes Regular Council Meeting January 25, 1978 Page 19 City Manager Townsend assured the Council that he will provide a full report on that aspect of the matter but stated that juveniles cannot be taken directly to the shelter. Council Member Gill inquired as to the procedure followed when a complaint is filed at the Police Department. City Manager Townsend stated that when a complaint is filed, every City employee who had anything to do with the incident is asked to provide a statement, following which a report is made and the matter goes to a committee for consider- ation. Mr. Townsend further stated that in this case, a charge against a police officer has not been made and none of the details are known. He assured the Council if a complaint is filed, the investigation will be made, and if the party who filed the complaint is nc.t satisfied with the Chief's decision and they feel that a violation of their personal rights has occurred, they can go to the F.B.I. Mr. Herschbach stated that he felt that a complaint had been filed with the City Council Friday while his sister and her daughter were at City Hall and contended that the complaint filed in the Mayor's Office should have been ample. Mr. Herschbach also stated that he understood that civilian jailers were involved and it is not necessarily a police matter; that the incident in the jail area is just something that happened that should not have occurred; and the child should not have been there. Mr. Herschbach then referred to a newspaper article in regard to the incident which referred to another matter of concern to him in regard to an alleged wrongdoing perpetrated by two police officers several years ago following Hurricane Celia. Mr. Herschbach provided a copy of the newspaper article for the Council's information. After reading the article, City Manager Townsend explained the matter referred to and suggested that if Mr. Herschbach has a complaint on the incident involving the alleged removal of church benches by two police officers, that he file a letter of complaint. Mr. Townsend informed the Council that the City staff Minutes Regular Council Meeting January 25, 1978 Page 20 had spent approximately 50 or 60 hours on this matter; it has been investigated by a number of police supervisors; the City has been advised by the County Attorney's office twice that there are not grounds to file charges; and there seems to be nothing else to do about this particular complaint of Mr. Herschbach's; and stated that he knew of no other recourse on this seven year old complaint except by the Grand Jury. City Manager Townsend assured the Council that he felt that everything possible had been done by the City. Council Member Diaz pointed out to Mr. Herschbach that he must find someone in either the County Attorney's Office or the District Attorney's Office to bring the matter before the Grand Jury, but if they do not feel that there is enough evidence, the matter will not go to the Grand Jury. Mr. Herschbach then stated that this matter has been in Mr. Townsend's hands, and he has refused to do a:ything. He reiterated that he would like the Council to appoint a committee to investigate this matter. Mayor Luby stated that he does not have enough information at this time to warrant appointing such a committee and requested that Mr. Herschbach provide a report of the incident. Council Member Diaz suggested that if Mr. Herschbach does present a report that no names be used in the allegations. Ms. Eileen Beaty, Mr. Herschbach's sister, spoke at this time and stated that she was present at the City jail right after her niece was brought in; she expressed the opinion that the child should not have been there; she was under the impression that her niece would go to juvenile hall; her niece told her that a man in the jail did assault her; the word "jail" should be substituted for the word "cell" in the affidavits, because the incident could have happened outside in the hallway. Ms. Beaty expressed the opinion that the child's father, who had mistreated her many times, could have been instrumental in avoiding this situation by declaring that she was not a runaway or truant. Ms. Beaty then informed the Council that she was the one who had talked to City Manager Townsend last Wednesday night at approximately 9:00 p.m. and that her brother was of the opinion that ample time had elapsed by Friday afternoon for a report to have been made by Mr. Townsend. Minutes Regular Council Meeting January 25, 1978 Page 21 Council Member Diaz referred to the weekend workshop that is planned for the Council on February 18 and mentioned that he would like to have the following items discussed at this workshop: Bond Election priorities; the Convention Center; Dr. Sherman Coleman's offer to donate through private funds the statue of Christ to be placed on City property; a study of the advisory boards for the City; and the downtown area. Council Member Gill agreed that these items should be considered during the workshop meeting and suggested that annexation and a sign ordinance also be discussed. City Manager Townsend stated that Corpus Christi Beach will also be discussed. Council Member Gulley suggested that the agenda that was prepared for the last weekend workshop be consulted and the items not discussed at that time be placed on the agenda for the upcoming workshop on February 18. Council Member Sample indicated that he felt that it would be best to hold the weekend workshop outside of the City, possibly in Port Aransas or Rockport, to assure privacy for the Council. Mayor Luby objected to conducting the workshop outside the City, stating that any funds spent for this purpose should be expended within the City. Council Member Gill expressed the opinion that the Council would accom- plish more if they are out of town and all of the Council Members are present at all times. There being no further business to come before the Council, on motion by Sample, seconded by Gulley, and passed unanimously, the Regular Council Meeting was adjourned at 4:50 p.m. January 25, 1978.