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HomeMy WebLinkAboutMinutes City Council - 04/19/197800)Y PRESENT: *Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz *** Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING APRIL 19, 1978 2:00 P. M. ** City Manager R. Marvin Townsend Acting City Attorney Robert Coffin City Secretary Bill G. Read The meeting was called to order in the Council Chamber by Mayor Pro Tem Bob Gulley in the temporary absence of Mayor Gabe Lozano, Sr., who was conducting ' official City business in his office. The invocation was given by the Reverend Patrick Higgins of St. Cyril and Methodius 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. *Mayor Lozano arrived at the meeting at 2:10 p.m. Mayor Lozano announced that the following proclamations had been issued: "PINAFORE WEEK" - April 17-23, 1978; "HELP ERA HELP JERRY'S KIDS' DAY" - May 7, 1978; and "CANCER CONTROL MONTH" - April, 1978. Mayor Lozano announced the bid openings on the following Engineering pro- jects: a. Improvements to a portion of the Hearn Road drainage ditch and extension of a portion of Sanitary Sewer 34-A, Section 4 through this portion of the ditch right-of-way. The Hearn Road ditch includes shaping, grading, realigning and seeding from Interstate 37 to the City water transmission line. The sewer line will eventually provide service to the Hearn Road, Brookhaven and Five Points area. b. Construction of a sanitary sewer line in South Staples Street from Holly to Wooldridge Roads. Five property owners along the street have indicated that they are willing to provide $26,000 towards the construction cost. City Manager R. Marvin Townsend asked Mr. James K. Lontos, Director of Engineering and Physical Development, to conduct the bid openings. Mr. Lontos opened and read the fallowing bids on the Hearn Road drainage ditch: Maverick Construction Company, Corpus Christi; Heldenfels Brothers, Corpus Christi; and R. S. Black, Corpus Christi. Mayor Lozano stated that the apparent low bidder on this project was , Maverick Construction Company, and the bids will be tabled for 48 hours pursuant - MICROFILMEd SEP 03 1980 Minutes Regular Council Meeting April 19, 1978 Page 2 to the requirements of the City Charter and referred to the staff for tabulation and recommendation. Prior to opening the bids on the construction of the sanitary sewer line in South Staples Street from Holly to Wooldridge Roads, Mr. Lontos explained that the bidding process would include two design alternates in addition to the base bids. He then opened and read bids from the following companies: Heldenfels Brothers and Armor Constructors, Inc., both of Corpus Christi. Mayor Lozano stated that the apparent low bidder was Armor Constructors, Inc., and that the bids will be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. Mayor Lozano commented that he understood that the final plans for the Convention Center had been received from the architect on the project. City Manager Townsend confirmed that a set of plans has been submitted, but they are not complete yet. Mr. Lontos explained that the plans received are referred to as a check set of plans provided for staff review. Mayor Lozano 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, May 9, 1978, on 12,720 feet of 3/4" to 2" soft copper pipe for use by the Water Divi- sion. This represents an estimated three month's supply. Bids are not solicited for more than 3 months because the price of copper fluctuates frequently. b. Recommendation that special truck bodies and tool boxes be purchased from the following firms on the basis of low bid meeting specifications: Hobbs Trailers, San Antonio 10 replacement 4 to 5 cu.yd. dump bodies for Street and Wastewater Services Commercial Body Corporation, San Antonio 1 additional hose and sprinkler body for Park Division 1 replacement 120" Water Division service body 3 replacement 132" Gas Division service bodies with canopy $17,090.00 $ 2,882.00 3,861.00 11,238.00 Total $17,981.00 American Trailer and Equipment, Inc., Corpus Christi 5 replacement and 1 additional utility side pack tool boxes for the Water and Gas Divisions Truckers Equipment, Inc., Corpus Christi 5 replacement and 3 additional storage tool boxes for the Water Division Grand Total: $ 2,958.00 $ 1,219.68 $39,248.68 M....utes Regular Council Meeting April 19, 1978 Page 3 It is recommended that the alternate bid for 4 to 5 cu. yd. dump bodies be accepted (which provides for a 1" steel plate in lieu of the standard 10 gauge floor). The steel plate floor will eliminate sagging between the floor supports caused by heavy objects with resulting rusting. The addi- tional unit price for the steel plate floor is $166. The apparent low bid of $832 by Commercial Body Corporation on the storage tool boxes did not meet various specifications. Price comparison shows an increase of approx- imately 18.7%. Bids were received from 4 firms. c. Recommendation that 3 ultra low volume applicators be purchased from PUBLIC HEALTH EQUIPMENT AND SUPPLY CO., San Antonio, on the basis of low bid of $8,985 for use in mosquito control. Bids were received from two firms. A price comparison shows an increase of 20% since the last purchase in 1972. d. Recommendation that reflective sheeting and letters be purchased from the following firms on the basis of low bid for use by Traffic Engineering in constructing traffic and street name signs: Renco Supply, Austin 8-50 yd. rolls of engineer grade reflective sheeting $2,831.66 88 packages of cut-out letters 92.04 Total $2,923.70 Southwestern Materials, Austin 5-50 yd. rolls of commercial grade reflective sheeting $1,479.15 3M Company, St. Paul, Minnesota 2-50 yd rolls of high intensity grade reflective sheeting $1,274.40 4-50 yd. rolls of non -reflective grade sheeting 520.80 Total $1,795.20' Grand Total $6,198.05 Prices reflect a decrease of approximately 10% on engineer grade sheeting, 31% on commercial grade sheeting and 5% on cut-out letters and an increase of approximately 4% on non -reflective sheeting and 6% on high intensity sheeting. High intensity sheeting was last purchased in 1974. Bids were received from 3 firms. e. Recommendation that the Corpus Christi Community Auditorium be accepted and $255,697 be paid to Lanphier Construction Company for a total of $5,588,940. The building is substantially complete. A number of minor items, including clean-up, sealing of windows, door stops and silencers, repair of minor nicks and dents, and touch-up painting, remain to be completed. It is recommended that $25,000 be retained to be released by the Director of Engineering and Physical Development upon completion of all remaining items. It is also recommended that a 38 -day extension be granted because of a number of change orders and other delays because of requests by the City. Three additional contracts have been recently awarded, totaling $306,240, for lighting, wiring, dimmer and page equipment. f. Recommendation that a contract for $106,975 be awarded to Glaser Construc- tion Company for construction of a sanitary sewer lift station south of the Tropic Isles Channel in Flour Bluff and $125,000 be appropriated for the contract and related costs. The lift station will be constructed so that gravity lines to serve the area can be tied on at a later date. Minutes Regular Council Meeting April 19, 1978 Page 4 g. Recommendation that the General Fund be reimbursed $95,106.82 for engi- neering services on various bond and community development projects during November, December, and January, 1977-78 and an additional $80,045.60 be appropriated to supplement $15,061.22 in existing appropriations. Reim- bursements include the following work: Street ($43,353.19), Airport ($2,714.18), Sanitary Sewer ($5,300.78), Storm Sewer ($2,602.03), and Community Development projects ($41,136.64). h. Recommendation that $5,928 be appropriated for additional costs involved in acquisition of the property owned by Mr. and Mrs. Jack Davis on Corpus Christi Beach. The additional appropriation is the result of a resurvey which shows that the tract is 2,079 square feet larger than originally estimated. The original appropriation for the tract was $22,921.93. i. Recommendation that $1,200 be appropriated from the Park Bond Fund (Los Encinos) and $2,900 from the Park Trust Fund (South Guth) for materials necessary to carry out the 1978 Youth Conservation Corps program. Grants totaling $71,092 have been approved by the Texas Department of Community Affairs for a residential and non-residential program this summer. The local share of the $89,058 total is $17,966, of which $13,866 is in-kind and $4,100 is materials. The program, approved by the City Council on December 14, 1977, will consist of a residential and non-residential camp of approximately 28 youth each. The work at South Guth Park will consist of cleaning up and construction of trails. A tree conservation program will be pursued at Los Encinos Park along with construction of trails and a picnic and shelter area. Recommendation that the following grant applications totaling $443,024 for September 1, 1978 - August 31, 1979 be submitted to the Texas State Library: j• (1) $44,685 to continue assisting South Texas Library System members in the 26 -county area to solve operational problems and to plan their services. (2) $167,367 to continue circulation of 16mm films within the 26 -county area, purchase of additional films, and rental of feature length films for member libraries. (3) $38,472 to continue the public information program with limited provision of promotional materials to publicize individual member libraries. An Annual report and film catalog will be produced. (4) $25,699 to continue the Books -By -Mail program to circulate paperback books to individuals living in rural areas without library service. (5) $40,194 to continue the program of Reference Back -Up to answer refer- ence questions member librarians are unable to answer. (6) $44,103 to continue the Collection Development program to strengthen book resources in the 26 -county area. (7) $82,504 to continue the Interlibrary Loan program of borrowing and. lending materials to member libraries in the 26 -county area. No local matching funds are required. La Retama Library administers the above programs as the Major Resource Center for the South Texas Library System. , t. ces Regular Council Meeting April 19, 1978 Page 5 City Manager Townsend presented copies of the proposed budget for the different activities of the library and stated that the level of expenditures is approximately the same as last year. He informed the Council that a Federal rul- ing required a certified ordinance before the application can,be made. Council Member Gill inquired about the decrease in the item on Collection Development. City Manager Townsend explained that the recommendations were made by the Library Board and that he was not sure why this item was decreased but he would be glad to have Mrs. Phyllis Burson, Director of Community Enrichment, come to the the Council Chamber for a further explanation. Mr. Townsend did state that salary increases and other expenses could have necessitated the reduction in Collection Development. Mrs. Burson arrived in the Council Chamber and explained that the reason the Collection Development was decreased was that there is more demand for equip- ment and the film collection. City Manager Townsend noted that the largest increase is for Public Information, and Mrs. Burson'stated that this is to serve 43 libraries. Mrs. Burson further explained that the Library Board had conducted a meeting of all of the libraries, and these recommendations were the result of input from that meet- ing. k. Recommendation that the liability insurance coverage for International Airport be placed with Ranger Insurance, c/o V. H. Blades Company for one year. The coverage will be $3,000,000, the same as last year, at an annual cost of $7,875. The policy will expire 3-31-79. 1. Recommendation that the City not purchase excess liability insurance on the following operations: Wesley Seale Dam, City Transit System, Munici- pal Gas System and that the annual premium be placed in a self-insurance ` excess liability claims reserve account. The annual estimated premiums that would be placed in the fund are: Coverage Premiums Wesley Seale $ 700,000 Transit System 2,000,000 Gas System 4,700,000 3,500.00 42,400.00 76,225.00 $122,125.00 m. Recommendation that the following budget and accounting actions be taken to complete the sale of the City's interest in the central processing unit, which was being acquired by lease -purchase, and the lease -purchase of new equipment. (1) Increase estimated revenue by $547,820 which is the amount paid by TLW Computer Industries for the City's equity in the 370-135 Central Processing Unit ($201,000) plus by System Marketing, Inc. for the City's equity in peripheral equipment ($346,820). Minutes Regular Council Meeting April 19, 1978 Page 6 (2) Appropriate $502,561.01 for the payment to IBM for the unpaid balance on the above equipment. (3) Authorize the purchase of the central processing unit and peripheral equipment ($502,561.01) and its resale according to the contracts previously approved ($547,820). The net result will be an increase in the unappropriated balance in the Data Processing Fund of $45,258.99. In regard to this item, City Manager Townsend explained that these actions are necessary to allow for the necessary budget and accounting actions to be taken to accomplish the resale of the City's old Data Processing equipment. He pointed out that the Council had previously approved the contracts related to this item. Assistant City Manager Archie Walker informed the Council that the 145 Central Processing Unit is now in operation; the peripheral equipment has been received; and the 135 Central Processing Unit is ready for sale. He stated that 'Item "m" will provide the staff with the Council's authority to sell the 135 unit. There was no discussion from the audience on the City Manager's Reports. Motion by Diaz that the City Manager's Reports, Items "a" through "m", be accepted; seconded by Juarez; and passed unanimously. City Manager Townsend stated that the next item on the agenda concerned the tabled application for change of zoning on the following case: Mr. Carl Webb, for a change of zoning from "R -1B" to "A-1" on Lots 16-19, Block 16, and Lot 39, Block 15, Flour Bluff Park, located on McIver Street between Matlock Street and Padre Island Drive, was heard last week and tabled until a full Council could be present. The Planning Commission recommends denial. Motion by Sample that this matter be removed from the table, seconded by Holt, and passed unanimously. Mayor Pro Tem Gulley stated that he is aware that if this zoning is approved to allow the construction of triplexes or duplexes, more density would exist than if single-family dwellings are built, and such zoning might be misinterpreted if approved. Council Member Sample agreed, stating that he had examined this property personally. He stated that the Council is aware of how much the existence r` M __maces Regular Council Meeting April 19, 1978 Page 7 of the Naval Air Station means to the people of this City, and in view of the reso- lution previously passed by the Council and which was sent to the Congressional delegation, he feels that he will have to vote against this change of zoning. Motion by Diaz that the request for change of zoning from "R -1B" to "A-1" on Lots 16-19, Block 16, and Lot 39, Block 15, Flour Bluff Park, be denied; seconded by Juarez; and passed unanimously. * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There was no discussion on the ordinances, and City Secretary Read polled the Council for their votes. The following ordinances were approved: SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMEND- ING CHAPTER 55, UTILITIES, ARTICLE X, EXTENSION OF SEWER LINES, BY AMENDING PARA- GRAPH (b)(1) OF SECTION 55-130, AUTHORITY TO MAKE EXTENSIONS; PRO RATA FRONT FOOT CHARGE AS AMENDED BY ORDINANCE 13616 DATED FEBRUARY 16, 1977; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." SECOND READING: AMENDING CHAPTER 29, MUNICIPAL COURTS, OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A FOURTH COURT; BY MAKING APPOINTMENTS OF JUDGES FOR A PERIOD OF TWO YEARS COTERMINOUS WITH THE TERM OF THE APPOINTING CITY COUNCIL; REQUIRING THAT JUDGES OF MUNICIPAL COURTS A, B AND C SERVE FULL TIME AND THE THE JUDGE OF MUNICIPAL COURT D SERVE AS REQUIRED BY THE PRESIDING JUDGE, AND OTHERWISE AMENDING SAID CHAPTER TO REFLECT THE ADDITION OF A FOURTH COURT: The foregoing ordinance was read for the secondtime and passed to its -third read- ing by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye." ORDINANCE NO. 14273: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GLASER CONSTRUCTION COMPANY FOR CONSTRUCTION OF A SANITARY SEWER LIFT STATION SOUTH OF THE TROPIC ISLES CHANNEL, APPROPRIATING A TOTAL OF $125,000 OUT OF THE NO. 250 SANITARY , SEWER BOND FUND OF WHICH $106,975 IS FOR THE CONSTRUCTION CONTRACT AND $18,025 IS FOR ADDITIONAL ENGINEERING FEES, LEGAL ADVERTISING, LABORATORY TESTING, CONTINGENCIES, AND OTHER INCIDENTAL EXPENSES APPLICABLE TO PROJECT, NO. 250-77-10, ,FLOUR BLUFF: LATERALS SOUTH OF TROPIC ISLES; AND_DECLARING AN EMERGENCY. " The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting April 19, 1978 Page 8 ORDINANCE NO. 14274: APPROPRIATING A TOTAL OF $80,045.60 AS FOLLOWS: $43,353.19 2,714.18 5,300.78 2,602.03 362.05 3,922.12 21,791.25 OUT OF THE NO. OUT OF THE NO. OUT OF THE NO. OUT OF THE NO. OUT OF THE NO. ACTIVITY 4734, OUT OF THE NO. ACTIVITY 4736, OUT OF THE NO. ACTIVITY 4736, 220 STREET BOND FUND 245 AIRPORT BOND FUND 250 SANITARY SEWER BOND FUND 295 STORM SEWER BOND FUND 162 FEDERAL/STATES GRANT FUND, CODE 501 162 FEDERAL/STATES GRANT FUND, CODE 501 162 FEDERAL/STATES GRANT FUND, CODE 502 TO SUPPLEMENT $15,061.22 REMAINING FROM FUNDS PREVIOUSLY APPROPRIATED FOR INCIDENTAL AND RELATED EXPENSES, APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $95,106.82 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PERFORMED DURING THE SECOND QUARTER OF FISCAL YEAR 1977-78; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14275: APPROPRIATING $5,928 FROM THE NO. 291 PARK BOND FUND TO SUPPLEMENT $22,921.93 PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 13271, DATED JUNE 30, 1976, FOR THE CONSIDERATION OF ANY INTEREST OF JACK DAVIS AND WIFE, KATHLEEN G. DAVIS, IN THE UNSUBMERGED LAND EAST OF THE WEST RIGHT-OF-WAY LINE AT AVENUE A, AND THE RELEASE OF ALL INTEREST IN SAID LAND CLAIMED BY JACK DAVIS AND WIFE, KATHLEEN G. DAVIS, AS A RESULT OF THE REID JUDGMENT, SAID APPROPRIATION TO COVER ADDITIONAL COSTS RESULTING FROM A RESURVEY OF THE LAND AND APPROVED BY JUDGMENT OF COUNTY COURT AT LAW NO. 3, DOCKET NO. 747-3, APPLICABLE TO PROJECT NO. 291-72-11.3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley,Diaz, Gill, Holt,Juarez, and Sample voting "Aye". ORDINANCE NO. 14276: APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $1,200 FROM PROJECT NO. 291-72-3, LOS ENCINOS PARK, TO BE TRANSFERRED INTO FUND NO. 162, ACTIVITY 4676, FOR FUTURE REIMBURSEMENT TO FUND NO. 102, ACTIVITY 4122-604 FOR WORK DONE BY CITY FORCES ON THE 1978 YOUTH CONSERVATION CORPS NONRESIDENT PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14277: APPROPRIATING OUT OF THE NO. 111 PARK TRUST THE SUM OF $2,900 FROM ACCOUNT NO. 1781 SOUTH GUTH PARK TO BE TRANSFERRED INTO FUND NO. 162, ACTIVITY 4672, FOR FUTURE REIMBURSEMENT TO FUND NO. 102, ACTIVITY 4122-604 FOR WORK DONE BY CITY FORCES ON THE 1978 YOUTH CONSERVATION CORPS RESIDENT PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Loazno, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting April 19, 1978 Page 9 ORDINANCE NO. 14278: AUTHORIZING SUBMISSION OF SEVEN (7) GRANT APPLICATIONS TO THE TEXAS STATE LIBRARY FOR THE CONTINUATION OF VARIOUS PROGRAMS OF THE SOUTH TEXAS LIBRARY SYSTEM, SUBSTANTIAL COPIES OF EACH OF SAID APPLICAITONS BEING ATTACHED HERETO, MARKED EXHIBITS "A", "B", "C", "D", "E", "F", AND "0", AND MADE A PART HEREOF; AUTHORIZING EXECUTION OF ALL DOCUMENTS NECESSARY TO CONTINUE THE PROGRAMS IF THE GRANTS ARE APPROVED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14279: AUTHORIZING THE PURCHASE AND RESALE OF A 370-135 CENTRAL PROCESSING UNIT AND VARIOUS PERIPHERAL EQUIPMENT AND AMENDING THE 1977-78 BUDGET FOR THE DATA PROCESSING FUND BY ESTIMATING ADDITIONAL REVENUE OF $547,820 FROM TLW COMPUTER INDUSTRIES FOR SALE OF THE 370-135 CENTRAL PROCESSING UNIT AND FROM SYSTEM MARKETING, INC., FOR THE SALE OF VARIOUS PERIPHERAL EQUIPMENT; APPROPRIATING $502,561.01 OUT OF THE NO. 133 DATA PROCESSING FUND FOR ACTIVITY 6313, CODE 506, FOR PAYMENT TO IBM FOR THE UNPAID BALANCE OF THE ABOVE EQUIPMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14280: CLOSING MINTON STREET FROM NORTH PORT AVENUE EAST TO THE RAILROAD RIGHT OF WAY, SUBJECT TO RETENTION OF THE HEREINAFTER DESCRIBED AREA AS A UTILITY EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Mary Meador, Director of Early Childhood Development Center, Inc., appeared before the Council and expressed gratitude to them for their consideration of her request for an appropriation in the amount of $30,000. Mrs. Meador stated that a number of the mothers of small children were present who would also like to speak before the Council. Ten mothers spoke in favor of providing funds in order to keep the ECDC open and explained their needs for such a center in order for them to continue their education, training or to enable them to continue working. They explained that they would be unable to provide day care for their children if the ECDC is closed. Council Member Holt explained to the mothers and Mrs. Meador that the Council desires to have the Center remain'open; they are concerned that the funds— requested from the City have also been requested from United Way; and some of the • Minutes Regular Council Meeting April 19, 1978 Page 10 Council Members feel that this agency should possibly be funded by United Way. He stated that the Council will consider the request and the staff will discuss the matter with representatives of United Way. Council Member Gill thanked all of the mothers who were present for bring- ing their children to the meeting so that the Council can see that there is a need for the center. Motion by Sample that the Council go into closed session to discuss person- nel matters at 3:12 p.m. under the authority granted by Article 6252-17 of V.A.C.S.; seconded by Diaz; and passed unanimously. * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 4:00 p.m. City Manager Townsend announced the public hearing on Application No. 378-9, Temet Corporation, for a change of zoning from "R -1B" One -family Dwelling District to "B-1" Neighborhood Business District on Lot 2, Block 7, Gardendale Addition, located on the south side of Cain Drive, approximately 92' east of Everhart Road. City Manager Townsend stated that both the Planning Commission and Plan- ning Staff recommend approval. He informed the Council that in response to the notices of the public hearing, four in favor and one in opposition had been returned. Chief Planner Larry Wenger located the area on the zoning and land use map, described the land use in the surrounding area, and showed slides of the area. **City Manager Townsend asked to be excused from the meeting at 4:03 p.m. in order to attend a meeting with officials of the Environmental Protection Agency and requested Assistant City Manager Archie Walker to take his place during the remainder of the meeting. No one spoke in regard to this zoning case. Motion by Sample that the hearing be closed, seconded by Diaz, and passed unanimously. Motion by Sample that the Council concur with the recommendation of the Planning Commission and the zoning on this application be changed from "R -1B" to "B-1"; seconded by Gulley; and passed unanimously. fi Minutes Regular Council Meeting April 19, 1978 Page 11 City Secretary Read polled the Council for their votes on the ordinance effectuating the change of zoning on the preceding case, and the following ordinance was approved: ORDINANCE NO. 14281: 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 TEMET CORPORATION BY AMENDING THE ZONING MAP BY CHANGINE THE ZONING ON LOT 2, BLOCK 7, GARDENDALE ADDITION, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "B-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". * Mayor Lozano noted that several representatives of the Tourist Bureau were present and inquired if any further discussion in regard to this would be in order. Assistant City Manager Walker stated that he understood that the staff had completed their discussions with the Tourist Bureau; both parties have agreed to the terms of a contract; and although the matter is not on the agenda today, it could be placed on the agenda next week. Mr. Walker explained that basically the terms are the same as those included in the previous contract and briefly des- cribed the proposed contract. Mayor Pro Tem Gulley inquired about the proposed addition to the Tourist Bureau Building and the funds involved. « Assistant City Manager Walker stated that he would like to have Mr. Bill Hennings, Director of Inspections and Operations, explain this since he has been involved in the discussions. Council Member Gill stated that she would like to see a copy of the pro- posed contract. Acting City Attorney Coffin noted that there are a few details to be worked out on the contract. Mr. Bob Conwell, Executive Director of the Tourist Bureau, stated that they concur with the contract, stating that the*contract is basically the same as the existing contract with the exception that the reporting system is a little Minutes Regular Council Meeting April 19, 1978 Page 12 more stringent. In regard to the staff's recommendation that funds for the addition to the building be allocated from the Convention and Tourist Fund Reserve, Assistant City Manager Walker pointed out that the subject property is on City land, and the exist- ing building was donated to the City following construction through private donations. Mayor Pro Tem Gulley inquired about the balance"in the Convention and Tourist Fund Reserve, and Mr. Mark Gresham, Budget Director, informed him that approximately $62,000 remains in that fund. Mr. Gresham also pointed out that the additional 11 hotel -motel tax that was approved by the Council was effective on April 1, 1978, and funds from this source will be returned to the City on a quar- terly basis; therefore, the existing fund does not include this additional tax. Assistant City Manager Walker stated that the reason for the balance in*the fund is that the revenues exceeded the estimated income. Mr. Bill Hennings arrived at the meeting and explained that the Tourist Bureau proposes to add the second story to the existing building to provide a meet- ing room and office space to provide for additional personnel. He stated that the building now contains 1,479 square feet, and the proposed second floor will contain about 1,665 square feet. Mr. Hennings pointed out that when the addition is com- pleted, it will be a City facility and it seemed appropriate to the staff that -the addition be financed with City funds. Council Member Diaz mentioned the fact that when negotiations were started in regard to this addition, the Council understood that private donors would parti- cipate in the funding for the building. Mr. Conwell explained that while that was the original plan, the Tourist Bureau only had approximately $10,000 in donations, and this amount could be used for furniture and supplies for the new addition. He assured the Council that the Tourist Bureau had no assurance that private donations would be forthcoming. Council Member Holt asked how long the addition would provide adequate facilities for the Convention and Tourist activities in view of the anticipated increase in conventions to the City after the completion of the Convention Center. Mr. Conwell stated that they feel that it will be adequate for approximately ten years. c. Minutes Regular Council Meeting April 19, 1978 Page 13 Assistant City Manager Walker stated that if the Council agrees, the con- tract will be on the agenda next week. Council Member Holt requested that the Council be provided with copies of the old contract and the proposed contract for comparison purposes before next week. Mr. Howard Stark, Member of the Executive Committee of the Tourist Bureau, asked if there is some problem in regard to international travel, and Mr. Coffin stated that the existing contract limits travel to North America. Mr. Walker stated that this problem will be resolved before next week." Assistant City Manager Walker informed the Council that the Tourist Bureau had discussed the naming of the new Convention Center facility and suggested that the name of "Bayfront Plaza" be considered. Mr. Walker indicated that there is a necessity to decide on a name for the center as soon as possible in order for the advertising program to include the proper name. ***Council Member Gill indicated her concurrence with this name and departed the meeting at 4:50 p.m. Mr. Bill Ault, Advertising Chairman of the Tourist Bureau, stated that the . name, "Bayfront Plaza," had been discussed with a number'of people involved in public relations and advertising, and it was felt that this would be an ideal name for the convention facility., He pointed out that "Bayfront" described the location of the center, and the word "Plaza" is indicative of ,the ethnic makeup of our City: Motion by Sample that the name "Bayfront Plaza" be adopted fpr the Conven- tion Center complex; seconded by Holt; and passed unanimously. Mayor Pro Tem Gulley stated that he voted for this name but indicated his hesitancy in doing so without further thought and discussion. Mayor Lozano expressed approval of the name because it has the connotation that it is located on the water, and it is a complex composed of different facili- ties for several activities. Council Member Diaz expressed concern about the'remarks recently made by Chief Bill Banner of the Police Department relative to the incident that occurred when a citizen filed complaints against a police officer. Mr. Diaz referred Minutes Regular Council Meeting April 19, 1978 Page 14 specifically to Chief Banner's statement that he did not believe that the member of the City Attorney's staff should have taken the complaint and that he plans to attempt to have a policy set by the City prohibiting such a practice. Council Member Diaz expressed the opinion that a citizen should not be prohibited from filing complaints, and it is the Council who sets policy rather than the Police Chief. Mr. Diaz indi- cated that Chief Banner should have stated that the matter would be investigated. He also stated that he had heard a number of complaints about this particular police officer involved in the incident. Assistant City Manager Walker agreed that possibly Chief Banner was a little too outspoken in regard to the incident. Mr. Walker stated that he had not received a report on the incident but it was his understanding that the gentleman who filed ,the complaint had just received a traffic ticket from Ms. Linda McElhaney', the police officer, and was possibly a little upset. Mr. Walker further stated that he under- stands that Officer McElhaney does issue a large number of traffic tickets. He explained that normally the prosecuting attorney does not accept the filing of a citizen's complaint before Corporation Court, because these complaints are usually filed with the Police Department. Mayor Pro Tem Gulley suggested that the Council should hear evidence from both parties involved in the incident before making judgment. Council Member Diaz stated that he is personally acquainted with the gen- tleman who filed the complaint and knows that he is a fine, outstanding citizen. Assistant City Manager Walker asked City Attorney Bruce Aycock, who had just arrived in the Council Chamber, for a legal opinion. Mr. Aycock stated that the judicial system is set up for these things to take their course, and a judge and jury will hear this complaint, after which a decision will be made. Assistant City Manager Walker inquired of Mr. Aycock if the complaint was properly accepted by the attorney from the City Attorney's Office, and City Attorney Aycock stated the attorney who took the complaint tried to ascertain whether or not the complaint should be accepted. He explained that normally, it is not a good idea to take spite complaints. Mr. Aycock further stated that there Minutes Regular Council Meeting April 19, 1978 Page 15 is a provision in the City Charter whereby citizen arrests may be made, but an arrest was not made in this case in that the citizen went to Municipal Court and then subsequently filed the charges. Mayor Pro Tem Gulley stated that he did not want to judge the matter, since the only thing he knows about the matter is the report by the news media. Mayor Lozano called for additional petitions or information from the audience. Mrs. Marie Wood, 6134 Pebble Beach, spoke at this time. She stated that she was speaking as Chairperson of the Special Committee on Funding for the Arts in Public Places. Mrs: Wood stated that she had investigated the CETA program and understood that 17 positions had been filled locally in a few art -related organizations. She further alleged that in her attempts to obtain CETA person- nel for art -related organizations, she had not received any cooperation from the ' City staff. Mrs. Wood also requested that the Council see that the Office of Community Enrichment function in a more efficient and productive manner. Mrs. Wood also suggested that a research team be appointed; that a joint Commission on Tourism be formed; that the old Nueces County Courthouse be consid- ered for offices of the Tourist and Convention Bureau; that requests for funding of the arts be presented to the Municipal Arts Commission before they are routed r to the Budget Office; and objected to the fact that the grand opening of the new Auditorium was not free. Mrs. Wood further indicated that the Council should have consulted the Municipal Arts Commission in regard to the grand opening, mentioning the fact that she had previously suggested to the Director of Community Enrichment that a performance of the Corpus Christi Symphony and a ballet be planned for the opening of the Auditorium. Mrs. Wood summarized by urging the City Council to accept recommendations from the Municipal Arts Commission in planning events for the community. Mayor Pro Tem Gulley requested that Mrs. Wood provide the Council with a written report of her suggestions. City Secretary Read reminded the Council of the public hearing scheduled Minutes Regular Council Meeting April 19, 1978 Page 16 • for 7:00 p.m. at Lozano School to consider the preliminary assessments connected with the Lozano School area street improvement project. 'He also informed the Council that he had tickets available for the 8:00 p.m. performance of the U. S. Army Band in the Auditorium. There being no further business to come before the Council, on motion by Diaz, seconded by Juarez, and passed unanimously,. the Regular Council Meeting was', adjourned at 5:15 p.m. April 19, 1978. s