Loading...
HomeMy WebLinkAboutMinutes City Council - 02/01/1978. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 1, 1978, 2:00 P. M. PRESENT: Mayor Jason Luby ,. Mayor Pro Tem Gabe Lozano, Sr. Council Members: s David Diaz City Manager R. Marvin Townsend Ruth Gill City Attorney J. Bruce Aycock Bob Gulley City Secretary Bill G. Read Edward L. Sample f Mayor Pro Tem Gabe Lozano, Sr., called the meeting to order in the Council Chamber of City Hall in the temporary absence of Mayor Jason Luby, who was con- ducting official City business in his office. The invocation was given by the Reverend Bob J. Cox of the New Testament Christian Church. *Mayor Luby arrived at the meeting at 2:03 p.m. 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. V Motion by Diaz that the minutes of the Regular Council Meetings of January 11,-1978 and January 18, 1978 and the Special Council Meeting of January 18, 1978 be approved as presented; seconded by Sample; and passed by the follow- ing vote: Lozano, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay." Mayor Luby stated that a proclamation had been issued declaring the month of February, 1978 as "BLACK HISTORY MONTH." Mayor Luby introduced Mr. Charlie Porter and Mr. Lloyd Mengers of the City of Mathis, stating that they had participated in the "tractorcade" held in the City of Corpus Christi Tuesday, January 31, 1978 on behalf of the farm industry. Mr. Charlie Porter, Route 2, Mathis, Texas, stated that he was appearing at the invitation of Mayor Luby and expressed his appreciation for the courtesy extended them by members of the Police Department by escorting the tractors through the City. Mr. Lloyd Mengers, Route 1, Box 28, Mathis, Texas, apologized for any inconvenience created by the "tractorcade" and informed the Council that MICROFILMED StP031980 Minutes Regular Council Meeting February 1, 1978 Page 2 approximately 30 to 40 thousand people will participate in a "tractorcade" in this City in about ten days. Mayor Luby announced the consideration of the appointment of a Council Member to replace Mr. Eduardo E. de Ases. Motion by Gulley that the Council go into closed session to consider this appointment, seconded by Sample. Prior to the vote on this motion, Mayor Luby recognized Mr. C. L. Freeman, Jr., 1802 Paul Jones. Mr. Freeman expressed his desire to speak on this matter before the closed session. Mr. Freeman reminded the Council that he had placed third in the General Election for Place 4 of the Council; suggested that the Council consider appoint- ing either Mr. Cliff Zarsky, who had placed second in that race, or himself; urged that a citizen in that Councilmanic District be appointed; or that a Mexican -American be appointed. Mayor Luby then recognized Mr. Buzzy Elliff. Council Member Sample stated that he meant no disrespect to the gentlemen who are speaking on this matter but that he does not feel that any more statements should be taken at this time, pointing out that the public has had one week to convey this information to the Council Members. Mayor Luby disagreed and indicated that he would allow any members of the audience to speak on this matter. Mr. Elliff, 126 Jasper, stated that he agreed with the suggestions of Mr. Freeman and that he felt that either Mr. Zarsky or Mr. Freeman should be appointed to fill the vacancy on the Council, and if they are not considered, the appointee should be from Councilmanic District 4. • No one else spoke on this matter. City Attorney J. Bruce Aycock cited as the authority for the closed session Article 6252-17, Section 2 of V.A.C.S. Mayor Luby called for the vote on Council Member Gulley's motion that the Council go into closed session, and the motion passed unanimously. The Council went into closed session at 2:15 p.m. Minutes Regular Council Meeting February 1, 1978 Page 3 The Regular Council Meeting was reconvened at 2:47 p.m. Motion by Gulley that Mr. Joe Holt be appointed to the City Council; seconded by Diaz. Mayor Luby stated that he will vote against this appointment because he feels that the vacancy should be filled by a minority since a minority previously held this position. Mayor Luby called for the vote on the motion which was approved by the following vote: Lozano, Diaz, Gulley and Sample voting "Aye"; Luby and Gill voting "Nay." Mayor Luby ascertained that Mr. Holt was not present at the meeting, and City Manager Townsend informed the Council that the staff will make arrangements for the oath of office to be administered on February 8, 1978. Council Member Gill explained that she had cast a negative vote on the motion to appoint Mr. Holt because she does not know him; she did not receive a resume on him; he had not contacted her in regard to the vacancy; and she felt that a Mexican -American should have been appointed to fill the vacancy. She did, however, indicate that she will work with Mr. Holt in every way possible. Mayor Luby also stated that he had not had any contact with Mr. Holt in regard to the appointment but assured the Council that he will make every effort to work with the new Council Member. He then extended his congratulations to Mr. Holt on behalf of the City Council. * * * * * * Mayor Luby recognized Mrs. Oscar L. Bocock, a citizen who is active in the "Hands Up" Program of the Crime Prevention Division. Mrs. Bocock, 1258 Devon, addressed the Council and referred to folders and other information she had presented to the Council in regard to the Crime Preven- tion Program. She expressed her appreciation to the Council for allowing her to speak on this program, thus focusing attention on crime prevention. Mrs. Bocock emphasized the importance of security of the home in preventing crime, explaining several methods to be included in future construction of homes and buildings in an Minutes Regular Council Meeting February 1, 1978 Page 4 effort to deter crime in the home. Mrs. Bocock then explained a system that is recommended for reporting a crime through the use of a 911 emergency number system. She expressed the opinion that the cost of the 911 system is offset by the savings realized by preventing crime. City Manager Townsend stated that the emergency number 911 is not in operation in this City and indicated that it is complex system which is not avail- able at this time. Mr. Townsend further explained that this is a good system for larger cities which have a number of telephone numbers for emergency situations, but stated that here in Corpus Christi, only three telephone numbers are needed for fire, police and ambulance service, and a citizen may quickly reach one of those numbers by simply dialing "0" for the telephone operator, who will connect the calling party to the proper service. Mayor Luby thanked Mrs. Bocock for her presentation and for her efforts in preventing crime in the City. Mayor Luby 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 a Special Council Meeting at 3:30 p.m. all -February 22, 1978, on the following zoning applications: (1) Coastal Halfway Houses for Alcoholics: "A-1" & "R -1B" to "AB", located on the north side of IH 37 on both sides of Country Club Drive. (2) Mr. James W. Wilson, Jr.: "R -1B" to "B-4", located on the south side of McArdle Road, approximately 130' east of Nolan Avenue. (3) Cecil & Julie E. Dunn: "R -1B" to "AB", located on the north side of Holly Road, approximately 400' west of Carroll Lane. b. Recommendation that a public hearing be held at 3:30 p.m. during the Regular Council Meeting on March 1, 1978, on the following zoning applications: (1) City of Corpus Christi: "B-4" to "R -1B", located on the west side of Margie Drive, approximately 100' south of Leopard Street. (2) Mr. Frank V. Petry: "R -1B" to "B-4", located at the northeast corner of South Padre Island Drive and Southbay Drive. c. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on March 1, 1978 on the closing of Shely Street between Churchill Drive and Fig Street. This portion of Shely Street goes through H.E.B. Park. Planned expansion of the H.E.B. Tennis Center, for which a grant application has been submitted to the Bureau of Outdoor Recreation, includes closing of the street. Closing of the street will also decrease the amount of park and other non -local traffic passing through the adjacent subdivision. Minutes Regular Council Meeting February 1, 1978 Page 5 d. Recommendation that an oil and gas lease be executed with KELLY BELL, INC., Corpus Christi, for .724 acre tract owned by the City of Corpus Christi underlying the Leopard Street Fire Station at Nueces Bay Boulevard. The lease will be for one year with a cash bonus of $500 per acre and a royalty of 3/16ths for a total of $362. e. Recommendation that 57 different items of sprinkler equipment be purchased from WATSON DISTRIBUTING CO., INC., San Antonio, on the basis of low bid of $2,287.67 and the requirement that the award be made on an "all or none" basis be waived. Watson did not submit a bid on two items of sprinkler equipment. The low complete bid was $3,202.99 by South Texas Lawn Sprinkler Company, Corpus Christi, which is $915.32 more than the Watson bid. It is estimated that the two items not bid by Watson can be purchased on the open market for approximately $55. Bids were received from 5 firms. f. Recommendation that budgeted radio equipment be purchased from the following firms on the basis of low bid meeting specifications: RCA Mobile Communications System, Houston 2 replacement 110 watt mobile units for the Gas Division and 6 additional 110 watt mobile units for Wastewater Services for new crews for the Flour Bluff -Padre Island plants and for maintenance of sewer lines and lift stations. g. General Electric Company, Austin 7 additional 110 watt mobile units for City buses. $8,113 The units are included in a capital grant from • Urban Mass Transportation Administration. $ 7,819.02 6 replacement 5 watt portable units for the Fire 7,430 Department. $ 15,543.00 GRAND TOTAL ---- $ 23,362.02 The apparent low bid of $7,390.50 submitted by RCA on the 7 units for the Transit Division is not recommended because the control head bid did not meet the specifications. Bids were received from 3 firms. Recommendation that the plans and specifications for street improvements in the Lozano School Area be approved and bids be received on March 1, 1978. This project is in the 3rd Year Community Development Program. The improve- ments include the reconstruction approximately 3.7 miles of streets with curbs, gutters, sidewalks, driveways and drainage improvements. The streets have been petitioned by the abutting property owners and were included in the 1977 bond program. Streets included are: (1) Dunbar, Easley and Sonora Streets from Greenwood Drive to Blake Street (2) Elgin, Sabinas and Blake Streets from Sonora Street to Baldwin Boulevard (3) Mohawk Street from Blake Street to Morgan Avenue (4) Aztec Street from Cheyenne Street to Blake Street (5) Osage Street from Morgan Avenue to 300' South of Aztec Street (6) Seminole Street from Blake Street to Aztec Street (7) Rosewood Street from Blake Street to Morgan Avenue h. Recommendation that the Corpus Christi Beach Drainage Improvements -Contract I be accepted and final payment of $265,747.12 for a total of $392,177.32 be made to Heldenfels Brothers. This project included the construction of reinforced concrete pipe varying in size from 54" to 15" from the north end of Corpus Christi Beach to Surfside Boulevard. The project was designed to intercept surface water from draining across the newly restored beach and was funded with 2nd Year Community Development funds. Minutes Regular Council Meeting February 1, 1978 Page 6 i. Recommendation that $37,676.60 be reappropriated from Revenue Sharing for the Condemnation Jury Award plus interest from the date of the Commissioners Award Deposit of April 23, 1976 and Court Costs for the acquisition of Parcel 304, Corpus Christi Beach Park from Mrs. Ruth E. Juergens. The award was $52,390 of which $20,000 has already been paid. The parcel is located on Shoreline Boulevard between Sandbar and Woodrow. The original appraisal made in 1975 was $14,950. An appraisal made in 1976 was $22,750. A motion to the Texas Supreme Court for a rehearing of application for a writ of error was denied on January 18, 1978. The $37,676 represents the award balance of $32,390 plus $5,286.60 interest and court costs. j. Recommendation that the Traffic Signal Technician Series be revised by creating the classification of Traffic Signal Technician I, Grade 16, and by changing the titles Traffic Signal Technician I, Grade 20, to Traffic Signal Technician II, Grade 20, and Traffic Signal Technician II, Grade 22, to Traffic Signal Technician III, Grade 22. These proposed changes will more clearly define the duties and responsibilities of the Traffic Signal Technician Series and provide classifications through which employees can be trained to perform progressively more responsible and technical traffic signal maintenance duties. k. Recommendation that 40' of a 5' wide utility easement along the north side of Lot 1, Block L, Flour Bluff Estates (817 Waldron Road) be abandoned. The owner has dedicated a new easement from the adjoining lot, paid $562.68 for relocation of a 2" gas line and made arrangements with Central Power and Light Company and Southwestern Bell Telephone Company for relocation of their facilities. A building encroaches on the easement. The area involved is located at the southeast corner of Waldron Road and Claride Street. 1. Recommendation that a public hearing be held at 2:00 p.m. during the Regular Council Meeting on February 15, 1978 on closing a portion of Burleson Street lying inside the City limits, located generally along the southwestern shore of Nueces Bay. The Nueces County Navigation District has requested the closing. City Manager Townsend explained that the Navigation District has requested that this portion of Burleson Street be closed because it lies within the area in which they propose to place materials dredged from the Corpus Christi Inner Harbor. Discussion followed on this subject, and Mayor Luby explained, for the benefit of the students in the audience, that the purpose of dredging the inner harbor is to aid the ships coming into the City to prevent damage to the ships. Mayor Pro Tem Lozano also pointed out that dredging the harbor would enable larger ships to enter the harbor. m. Recommendation that Change Order No. 1 to the Pran Lighting International, Inc. contract, awarded on November 23, 1977, be approved to amend the Pran contract to remove the requirement of designating a resident surety for the bonding company in Nueces County. In lieu thereof, the performance and payment bonds would contain a provision that venue for any legal action necessary regarding the bonds would lie in Nueces County. The Pran con- tract for'$72,000 protides lighting and a monitor/page recall system for the Auditorium. n. Recommendation that a rental charge of $3,500 be established for Memorial Coliseum for a concert on April 18, 1978 featuring English pop singer Tom Jones. Minutes Regular -Council Meeting February 1, 1978 Page 7 City Manager Townsend informed the Council that the recommended rental charge for this concert'represents a change from the City's current policy. He stated that the promoter requested this rental to enable him to arrange for the appearance of Tom Jones in the Coliseum; the promoter does not feel that he could arrange this on the basis of the current price of tickets and plans to charge approximately $9.00 per ticket; there are a number of musical groups that gross between $7,000 and $40,000; the present charge for rental at the coliseum is 107 of the gross; and the average amount received by the City for rental is $2,000. Mr. Townsend stated that, according to the promoter, an appearance by Tom Jones requires a much greater guarantee; therefore, the promoter will have to increase the ticket price. City Manager Townsend stated that the staff feels that the rental guarantee of $3,500, as suggested by the promoter, would be a reasonable fee for this particular appearance. Mayor Pro Tem Lozano pointed out that the City would not receive this amount of rental from very many groups, and City Manager Townsend agreed. o. Recommendation that -a Title VI Comprehensive Employment and Training Act contract be approved with the Japanese Art Museum of Corpus Christi for an Administrative Assistant, secretary, and Museum Guard -Guide. The contract would continue three Title VI jobs which have been administered through the Office of Community Enrichment since January, 1975, with employees hired by the City and stationed at the Museum. The Museum's Board of Trustees has asked that the museum be contractually responsible for staff employment and supervision. The contract would extend from February 1 to September 30, 1978 at a cost of $18,500. P. Recommendation that 67 Title VI CETA special project positions and 5 Title II positions be approved. Of this total, 62 are recommended for funding with Nueces County through worksite agreements: Purchasing - 2 to update County's furniture and fixture inventory; District Clerk - 11 to microfilm County records and 3 to research approximately 17,000 records to transpose criminal entrees to a microfilm index; Building Maintenance - 10 to make repairs to the Hilltop County Building and 23 to provide interim maintenance and preservation to the old Nueces County Courthouse; Welfare - 1 to develop a program to counsel County residents regarding 235 loans to avoid defaults; County Auditor - 2 to update financial reports; County Judge - 2 to establish a centralized County job applicant referral office and update the County's classification plan and 1 Building Coordinator to establish community use at the Hilltop County Building; and County Attorney - 2 to develop procedures to implement recommendations from the National Association of District Attorneys. The remaining 5 are recommended with the City: Health and Welfare - 3 to reduce the rat population and 2 to survey health clinic records of patients who have failed to return for health services. Five Title II positions are recommended: Tax - 2 to assist in the collection of delin- quent taxes; Recreation - 1 to coordinate Title VI special projects; Traffic and Transit - 1 to analyze traffic accident data; and Industrial Health - 1 to assist the City physician with the increased CETA pre- employment physicals. Minutes Regular Council Meeting February 1, 1978 Page 8 In regard to Item "p", Mayor Pro Tem Lozano inquired about the CETA per- sonnel recommended to provide interim maintenance and preservation of the old' Nueces County Courthouse. City Manager Townsend explained that this work would be performed under the County Maintenance Supervisor, Mr. Leslie Chappell; the request was received from the Nueces County Historical Commission and Friends of the Courthouse; and those organizations are attempting to find a source for funds for materials that will be required. In reference to the same item, Council Member Gill inquired about the plans for Hilltop County Building. City Manager Townsend stated that the County had recently conducted a large public meeting at the building, and it is possible that Hilltop County Building will become a community center and/or day care center. He also indi- cated that the building might be_considered for a branch library, but a recom- mendation on this will be presented to the Council at a later date. City Manager Townsend informed the Council that all of the County posi- tions had been submitted by Judge Robert Barnes following the Commissioners' Court Meeting Tuesday, at which time they were approved. Council Member Sample referred to Item "1", which recommends reappropria- tion of funds for+the acquisition of property from Mrs. Ruth E. Juergens for Corpus Christi Beach Park, and inquired as to how this item would be handled from a budgetary standpoint. City Manager Townsend replied that the funds represented here were from a previous allocation made five or six years ago; this reappropriation will almost exhaust the funds available for this purpose; and there is one more parcel to be acquired for the Park from another owner. Mayor Luby called for discussion from members of the audience on the City Manager's Reports, and there was no response. Motion by Diaz that the City Manager's Reports, Items "a" through "p," be accepted; seconded by Sample; and passed by the following vote: Luby voting "Aye" Minutes' Regular Council Meeting February 1, 1978 Page 9 on all of the items except Item "j"; Lozano, Diaz, Gill, Gulley and Sample voting "Aye" on all of the items. Mayor Luby called for presentation of the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments or questions either from the Council or members of the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: SECOND 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 second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay." THIRD READING - ORDINANCE NO. 14151: 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 ADDI- TIONS 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 third time and passed finally by the following vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14152: AUTHORIZING THE PURCHASE OF SEVEN TWO-WAY RADIOS FOR TRANSIT BUSES FROM THE GENERAL ELECTRIC COMPANY AS PROVIDED IN THE 1976 UMTA CAPITAL GRANT PROJECT NO. TX -05-0014 FOR $8,113; APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT 218-72-3, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1976), $9,268, OF WHICH $8,113 IS AUTHORIZED FOR PURCHASE OF SAID EQUIPMENT AND $1,155 IS AUTHORIZED FOR INSTALLATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." Minutes Regular Council Meeting February 1, 1978 Page 10 ORDINANCE NO. 14153: AUTHORIZING EXECUTION OF AN OIL AND GAS LEASE WITH KELLY BELL, INC., OF CORPUS CHRISTI, FOR A .724 -ACRE TRACT OWNED BY THE CITY UNDER THE LEOPARD STREET FIRE STATION AT NUECES BAY BOULEVARD, ALL AS MORE FULLY DESCRIBED IN THE LEASE, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14154: APPROPRIATING AND REAPPROPRIATING $37,676.60 OUT OF THE NO. 126 GENERAL REVENUE SHARING FUND, ACTIVITY 5604, WHICH AMOUNT IS TO BE TRANSFERRED TO THE NO. 291 PARK BOND FUND FOR PROJECT NO. 291-72-12, TO SUPPLEMENT FUNDS PREVIOUSLY APPRO- PRIATED BY ORDINANCE NO. 13085, DATED MARCH 24, 1976, FOR JURY AWARD PLUS INTER- EST FROM THE DATE OF COMMISSIONERS' AWARD DEPOSIT AND FOR COURT COSTS, ALL IN CON- NECTION WITH THE ACQUISITION OF PARCEL 304, CORPUS CHRISTI BEACH PARK SITES, IN CONDEMNATION, STYLED CITY OF CORPUS CHRISTI VS. RUTH M. JUERGENS, ET AL; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14155: AMENDING SECTION 257 OF ORDINANCE NO. 3658, THE CLASSIFICATION PLAN, BY CHANGING THE POSITION TITLE OF SIGNAL TECHNICIAN I TO SIGNAL TECHNICIAN II AND BY CHANGING THE POSITION TITLE OF SIGNAL TECHNICIAN II TO SIGNAL TECHNICIAN III, AND BY ESTAB- LISHING THE POSITION TITLE OF SIGNAL TECHNICIAN I, AT CLASS GRADE 16; PROVIDING A SEVERANCE CLAUSE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14156: CLOSING AND ABANDONING 40 FEET OF A 5 -FOOT UTILITY EASEMENT ALONG THE NORTH SIDE OF LOT 1, BLOCK L, FLOUR BLUFF ESTATES, AS MORE PARTICULARLY DESCRIBED HEREIN- AFTER, SUBJECT TO THE DEDICATION OF AN ALTERNATE EASEMENT AND THE RELOCATION OF EXISTING UTILITIES IN AND ABOVE THE EASEMENT; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." RESOLUTION NO. 14157: RESOLUTION EXPRESSING DEEP APPRECIATION FOR THE FINE SERVICE GIVEN BY MR. W.B. "DUB" WILLSON AS GENERAL CHAIRMAN OF THE SISTER CITY COMMITTEE. The Charter Rule was suspended and the foregoing resolution was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14158: CLOSING THE DEAD END PORTION OF SECOND STREET SOUTH OF ELIZABETH STREET BETWEEN LOTS 1 THROUGH 5, BLOCK 10, AND LOTS 9 THROUGH 14, BLOCK 11 OF OCEAN VIEW SUB- DIVISION, AS MORE FULLY DESCRIBED HEREINAFTER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. • Minutes Regular Council Meeting February 1, 1978 Page 11 The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14159: CLOSING THE ALLEY LOCATED IN BLOCK 17, FOREST PARK ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, PROVIDING FOR SEVERABILITY; AND DECLARING AN EMER- GENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14160: 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 ROBERT KENDRICK BY GRANTING A SPECIAL COUNCIL PERMIT FOR ALL "B-1" NEIGHBORHOOD BUSINESS DISTRICT USES WITH THE EXCEPTION OF THE SALE OF FOOD, ON LOT 12, BLOCK 1, KOOLSIDE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE OTHER CONDITIONS SET OUT HEREINAFTER; 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, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE NO. 14161: 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 ROBERT KENDRICK, BY GRANTING A SPECIAL COUNCIL PERMIT FOR ALL "B-1" NEIGHBORHOOD BUSINESS DISTRICT USES WITH THE EXCEPTION OF THE SALE OF FOOD ON LOTS 13 AND 14, BLOCK 1, KOOLSIDE ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICU- LARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE OTHER CONDITIONS SET OUT HEREIN- AFTER; 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, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." ORDINANCE N0. 14162: AUTHORIZING THE CITY MANAGER TO ENTER INTO A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT WITH THE JAPANESE ART MUSEUM OF CORPUS CHRISTI FOR THREE PUBLIC SERVICE EMPLOYMENT POSITIONS FROM JULY 1, 1978 THROUGH SEPTEMBER 30, 1978, IN THE AMOUNT OF $18,500 AS MORE FULLY DESCRIBED IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH, MARKED EXHIBIT "A", IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." Minutes Regular Council Meeting February 1, 1978 Page 12 ORDINANCE NO. 14163: GRANTING A VARIANCE TO SECTION 36-41, BASIC RATE TABLE OF RENTALS, OF THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, 1976 REVISION, TO ESTABLISH THE RENTAL CHARGE FOR MEMORIAL COLISEUM FOR $3,500 FOR A CONCERT ON APRIL 18, 1978, FEATUR- ING ENGLISH POP SINGER TOM JONES; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the fol- lowing vote: Luby, Lozano, Diaz, Gill, Gulley and Sample voting "Aye." Mayor Luby invited petitions or information from the audience on matters not scheduled on the agenda. Ms. Jennifer Springs, 329 Southern, addressed the Council and stated that she has questions concerning the treatment of juvenile offenders; gave the defi- nition of a juvenile delinquent as opposed to a juvenile status offender; quoted from Vernon's Texas Codes Annotated - Family, Chapter 51.12, Places and.Conditions of Detention,'which specifies that a child shall not be placed in a jail where adults who have been arrested for a crime are placed, nor permitted contact with such persons; and then inquired if the City maintains a separate cell at the City jail for juveniles. City Manager Townsend assured her that there is a separate juvenile male cell and a separate juvenile female cell, which are inspected on an annual basis by the judges and the juvenile officers. He also stated that they meet all of the requirements of the Family Code. Ms. Springs inquired about federal funding for such facilities, and City Manager Townsend stated that the Juvenile Section of the Police Department did receive L.E.A.A. funding. He indicated that he did not know whether or not Martineau Juvenile Hall had received federal funding, since this is a County operation. Ms. Springs mentioned the order from Governor Briscoe issued in 1975 which specifies that if L.E.A.A. funds are accepted, the state receiving such funds shall start to deinstitutionalize status offenders from detention and correctional facilities. She inquired if steps in this direction had been taken. Minutes Regular Council Meet ag February 1, 1978 Page 13 City Manager Townsend informed her that this was discussed by Chief Bill Banner in this morning's Workshop Meeting and also informed her that both the City and Martineau Juvenile Hall have actively pursued those goals. He explained that the City has ten juvenile officers at this time. Ms. Springs then inquired about referrals and if the City is working with other agencies such as MH -MR. City Manager Townsend assured Ms. Springs that they are and stated that the juvenile officers are aware of the agencies and counselors who work with the children at Martineau Hall; the City attempts to work with parents, churches, and teachers when juveniles are involved. Ms. Springs asked why -status offenders who are picked up have to be held at the jail at all. City Manager Townsend explained that police officers do not pick up juveniles without cause; the juveniles must be held until a responsible party is available to take custody of the juveniles; the juveniles may be under the influence of alcohol or drugs or may be violent; and they -have to be held at the jail under those circumstances. He further assured Ms. Springs that the City makes every effort to avoid placing them in jail, and if possible,. they remain in the office of the juvenile officers. Mr. Townsend also stated that Martineau Juvenile Hall does not have facilities to handle juveniles in that condition. Ms. Springs inquired about how the aptitude of the juvenile officers is determined. City Manager Townsend explained the recruitment and selective process of police officers; stated that there is an interview board; officers serve a one-year probationary period; they undergo a six-month training program; and the juvenile officers are recommended for their assignments by the supervisors. He also stated that the City hopes to have some kind of psychiatric screening in the future. Ms. Springs asked if the juveniles are always under the supervision of the juvenile officers, and City Manager Townsend replied that the juveniles are finutes • Regular Council Meeting February 1, 1978 Page 14 often picked up by other officers, who immediately contact a juvenile officer and request that they meet them at the police station; however, the juvenile officers are not on duty 24 hours a day, and they are not available at all times. Ms. Springs then questioned City Manager Townsend in regard to finger- printing juveniles. City Manager Townsend stated that according to Chief Banner's report, they are not fingerprinted unless they are over 15 years of age unless latent prints are found during the investigation of an offense and the officer has reason to believe that they are the prints of the juvenile. Council Member Diaz informed Ms. Springs that any information she desired would be made available to her. Ms. Springs indicated that as -a concerned parent, she would like to have more information and suggested that a committee be formed to study the treatment of juveniles. Council Member Gill suggested that the Mayor or the Council appoint some kind of committee. City Manager Townsend stated that it is the responsibility of Martineau Juvenile Hall to work with an advisory board that .has approximately 30 people as members and suggested that rather than the formation of another committee, it might be advisable to contact that advisory board to coordinate the efforts of everyone concerned in the matter. Mr. Townsend stated that he would be glad to provide Ms.; Springs with information concerning the advisory board. Mayor Luby stated that he would like to appoint Ms. Springs to represent him in her efforts in this matter and assured her of his support. Council Member Gill suggested that this matter be discussed at the Council's weekend workshop on February 18. * * * * * * Mayor Luby inquired if appointments to boards and committees are sche- duled for today, noting that one gentleman concerned with the Marina Board appoint- ments had been in the audience for some time. City Manager Townsend informed him that the terms on the Marina Board do not expire until the end of the month, and the appointments will be on the Minutes Regular Council Meeting .February 1, 1978 Page 15 agenda at a later date. Mr. John Stensland, 337 Primrose Drive, addressed the Council and men- tioned the discussion by the Council in regard to amending the ordinance prohibiting public officials from serving on City boards and committees. He stated that he planned to file prior to March 22 for precinct chairman and requested that if the Council plans to amend the ordinance to eliminate such officials from this require- ment, that they do so prior to the filing deadline. City Manager Townsend stated that the City has never attempted to enforce this portion of the ordinance as far as precinct chairmen are concerned but assured Mr. Stensland that this would be on the agenda next week. Mr. Al Herrera, 4606 Salazar, spoke in regard to the Mexican -American Cultural Center. He stated that it was his understanding that an advisory board would be appointed to study this center and presented a list to the Council of proposed members to serve on this committee. * * * * * * City Manager Townsend mentioned to the Council that January had been the coldest month since 1939 and pointed out that gas consumption had increased, which would result in high gas bills. Mr. Townsend also presented to the Council copies of a brochure contain- ing information about Choke Canyon Dam. City Manager Townsend presented to Mayor Luby a report on oil wells that are in the City and who is responsible for abandoned wells, noting that Mayor Luby requested this information. * * * * * * There being no further business to come before the Council, on motion by Gulley, seconded by Sample, and passed unanimously, the meeting was adjourned at 4:20 p.m. February 1, 1978.