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HomeMy WebLinkAboutMinutes City Council - 05/03/1978PRESENT: 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 MAY 3, 1978 2:00 P.M. City Manager R. Marvin Townsend Assistant City Attorney Bob Coffin City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend W. P. Kensing of Christ Lutheran 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 Pro Tem Bob Gulley stated it had come to his attention that today is City Secretary Bill Read's birthday and would like for everyone present to join in and wish him a very happy birthday. Mayor Lozano announced that the following proclamations were issued: "LAW DAY USA" - May 4, 1978; "30th ANNIVERSARY OF ISRAEL INDEPENDENCE DAY" - May 7, 1978; "SMALL BUSINESS WEEK" - May 1 - May 6, 1978; "CINCO DE MAYO DAY" - May 5, 1978; "MENTAL HEALTH MONTH" - May, 1978; and "SENIOR CITIZENS MONTH" - May, 1978. Motion by Sample, seconded by Diaz and passed unanimously that the Minutes of the Special Council Meeting of April 5, 1978 and April 12, 1978 and Regular Council Meeting of April 12, 1978 be approved as presented. Mayor Lozano next announced the following appointments to the Housing Authority: Mr. Guadalupe Valdez; Mrs. Mary Hayes; and Mr. Orby G. Roots (Reappointment); all terms ending 4-04-80. City Manager Townsend clarified that the Mayor nominated those individuals during the morning Workshop Meeting, and that a confirmation by the Council is not required as these are the Mayor's appointments. Mayor Lozano stated that appointments scheduled to be made on five other boards had been postponed until a full Council is present. MICRO FILMED 1980 Minutes Regular Council Meeting May 3, 1978 Page 2 Mayor Lozano announced the bid opening on the following Engineering project. Reconstruction of the Doddridge Park parking lot. The lot was apparently built on material that had been placed in the park at different times and of different composition and density resulting in an unstable subgrade causing it to slip and settle thus destroying the bicycle path and parking lot. ,The work includes stabilizing the subgrade material, construction of erosion control rip -rap and steps, and reconstruction of the bicycle path and parking lot. City Manager R. Marvin Townsend asked Mr. James K. Lontos, Director of Engineering and Physical Development, to conduct the bid opening. Mr. Lontos opened and read the following bids: B & B Builders, Corpus Christi; and R. S. Black, Corpus Christi. Mayor Lozano stated that the apparent low bidder on this project was B & B Builders, and 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 announced the presentation by Mr. Fred C. Auforth, attorney and local citizen who had filed five court complaints about the driving habits of a local police officer, Linda Mc Elhaney. Mr. Auforth said that first of all, he would like to salute our system of justice through law. He stated he would like to inform the Council that he has practiced law for many years and has lived here in Corpus Christi since 1969. Mr. Auforth further added he respects police officers; believes the police department, not only here in Corpus Christi but all over the country had done an outstanding job in protecting our properties; and that without them, no one would be safe. He continued to say that the police department has done a valuable service and that many times their thanks is small in proportion to the sacrifice they are called on to make in behalf of the citizens of Corpus Christi. Mr. Auforth informed the Council that he had been given a ticket for a traffic violation lust recently and the police officer who gave him the ticket had not been very polite. He maintains that although the police have been given the power of arrest, power to enforce the law, and all of the necessary equipment in order to carry out their duties, he still has the right to be treated with dignity. Mr. Auforth further emphasized he was not here to complain about Officer Mc Elhaney as he had already registered his complaint with the appropriate people but that he had come before the Council to stand up for and as best he could to protect the right of a citizen to file a complaint against a police officer. Mr. Aufortr Minutes Regular Council Meeting May 3, 1978 Page 3 went on to say that he would like to suggest that the Council implement a citizen control committee or citizen review committee naming the City of Berkely, California with the only police control review board of its kind as'an example. He said such a board would independently review complaints against officers by people who have been harshly treated by the police and it will be out of the hands of the department. Mr. Auforth stated that his complaint against the officer which is pending before the police department's Internal Affairs Division had been taken subject to the Chief of Police's command influence; therefore, he believes that a citizen's review committee that is implemented without command influence to make these findings of fact openly and public would be the answer. - Mayor Lozano asked Mr. Auforth whether Berkely, California was the only city with a citizens review committee and Mr. Auforth replied that his research does not include the last three years and cannot say how many communities have it now but does want to bring to their attention what is happening in Houston. Mayor Lozano commented that he remembers having talked about such a committee as many as four or five times since he has been serving on the Council, and each time it was rejected. He suggests that perhaps the City should write to the City of Berkely, California and ask for some ideas on the matter. Mayor Pro Tem Gulley pointed out that Mr. Auforth had been given over 20 minutes to make his suggestions known to the Council, and that they would be considered. Council Member Diaz expressed his views on the matter stating that the Council should keep this suggestion in mind and give it some considerable thought. He further stated that this is something the Council should resolve. No further action was taken. * * * * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation: a. Recommendation that 600 ft. of replacement heavy duty irrigation hose (4-1/8") be purchased from.Brisco-Maphis, Inc., Boulder, Colorado on the basis of only bid received of $3,234. The hose will be used by the Wastewater Services Division for subsurface injection of sludge. Minutes Regular Council Meeting May 3, 1978 Page 4 b. Recommendation that replacement mowing equipment be purchased from the following firms on the basis of low bid meeting specifications: Watson Distributing Co. Inc., San Antonio 1 Five Unit Gang Tractor Mower with hydraulic $'9,391.00 travel lift for the Park Division 1 Seven Unit Reel Type Gang Mower for the Oso 3,289.00 Golf Course 1 10 ft. Fertilizer Spreader for the Oso Golf Course 999.00 Ayers Rental Tool Company, Corpus Christi _ 2 60" Self -Propelled Rotary Mower for the $ 5,346.00 Park Division 1 22" Self Propelled Rotary Mower for the 398.25 Gas Division Case Power & Equipment, Corpus Christi 1 16 h.p. 48' Belly Mounted Rotary Mower for the Wastewater Services Division E. L. Caldwell & Sons, Corpus Christi 1 5' Rotary Mower for the Street Division 1 6' Rotary Mower for the Park Division $ 1,699.40 $ 793.60 891.18 $22,807.43 Bids were received from 6 firms. Price comparison reflects an increase of 16.25% over previous purchases exclusive of trade in. The apparent low bids submitted by Goldwaithes of Texas, Inc., San Antonio, of $8,777 on the five unit gang tractor mower and by Watson Distributing Company, Inc. of $4,684 on the two 60" self-propelled rotary mowers and $299 on the 22" self-propelled rotary mower did not meet various specifications. c. Recommendation that the City Code be amended to allow members of the Citizen's Advisory Health and Welfare Board to be reappointed. Currently, the Code states that no member can be eligible for reappointment until at least one year has elapsed since their last service on the Board. d. Recommendation that the cooperation contract with the Texas Department of Water Resources and the United States Geological Survey be renewed for a stream -flow gauging station on the Nueces River at the Tilden crossing west of Three Rivers. The station measures flows into Lake Corpus Christi. Total cost from September 1, 1977 to August 31, 1978 will be $5,670. The City's share is $2,325, the Texas Water Development Board's $510, and the U.S. Geological Survey's $2,835. The City's cost for 1976-77 was $1,369.. This year's cost has been increased because of a one-time rehabilitation ($2,090) of the existing timber ramps, catwalks, and piling. The City's share is provided in• the 1977-78 Water Division Budget. e. Recommendation that Hearn Road Ditch Drainage & Sanitary Sewer Improve- ment contract be awarded to Maverick Construction Company for $108,680. The project includes the excavation and grading the ditch south of I.H. 37 for approximately 1,000 feet and extension of an 18" sewer known as Sewer 34-A, Section 4. The sewer will ultimately be extended to the Five points area. The drainage portion includes construction of a paved invert to carry the continous flow of water from the Lon Hill Plant. Central Power & Light Company has agreed to pay the cost of this invert. An appropriation of $120,000 is recommended for the contract award, laboratory testing, engineering and related expenses. •1 • Minutes Regular Council Meeting May 3, 1978 Page 5 f. g• Recommendation that Kostoryz Road street improvements from Padre Island Drive to Holly Road be accepted and the final assessment roll of $134,838.01 for 32 items be adopted. The project has been completed by the Department of Highways and Public Transportation under the Urban Systems Program at a contract cost of $387,667.54. Recommendation that an agreement be approved with First Savings Association, developer of Overland Meadows Subdivision, Unit 2, for oversizing a storm sewer line through the subdivision. The agreement provides for payment of $11,381.71 representing the difference in cost of constructing a 36" and a 24" line. The oversized line will replace an existing ditch alongside the subdivision. The developer will fill the ditch and divert natural drainage into the 36" storm sewer. The subdivision is located South of Leopard Street and West of McKenzie Road. h. Recommendation that an agreement be authorized with Mr. Claud H. Vaughan and Mr. Robert B. McLeaish for oversize and overdepth of a 15" sanitary sewer line along Highway 44 in connection with the development of Lots 1 and 2, Airport Industrial Subdivision. The developer will pay for the 8" line to serve the subdivision. The City's participation ($5,729.91) will enable the line to be 10" and deeper to serve approximately 65 additional acres along Highway 44. The subdivision is located west of Gibson Lane. i. Recommendation that the following architectural firms be engaged to provide architectural services for projects approved in the 1977 bond election. j• 1. Bennett, Martin & Solka for Northwest Branch Library. ($36,000) 2. Brock,Mabrey, & Partners -improvements to the Coliseum, including reconstruction of restrooms, modifications to concession areas and stage area and other minor work. ($15,000) 3. Christian Bright and Pennington -Multicultural Center in the Bayfront Arts and Science Park. ($43,000) 4. Cotten & Landreth -Improvements and expansion of the Terminal Building at the Airport. ($50,000) 5. Mr. Jesus A. Leija-Fire Training Building. ($8,000) 6. Mr. John Olsen -Cole Park Restroom and Corpus Christi Beach Restroom, Bathhouse and Pavilion. ($20,000) 7. Mr. Needham Smyth for Wastewater and Park Maintenance Buildings at the Service Center. ($43,000) 8. Turner, Rome & Boultinghouse-Expansion of the Police Building. ($38,000) Recommendation that all of the utility easements contained within Lots 15 thru 30, Block 1, all of Blocks 2, 4, 5 & 6, Shelter Bay Resort Estates recorded in Volume 41, Pages 15, 16, 17 & 18, map records, Nueces County, Texas, be abandoned subject to the provision of replace- ment easements by replatting. The utilities involved concur. Minutes Regular Council Meeting May 3, 1978 Page 6 City Manager Marvin Townsend suggested that a very short closed meeting be held at this time to discuss pending litigation. Motion by Gulley that the Council go into closed session under the authority granted under Article 6252-17 of V.A.C.S.; seconded by Juarez; and passed unanimously. The Council went into closed session at 2:48 p.m. * * * * * * * * * * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 3:12 p.m. Mayor Lozano announced the public hearing scheduled for 3:00 p.m. City Manager R. Marvin Townsend explained that the public hearing was on the preliminary assessment roll on the Nueces Bay Boulevard, I.H. 37 to West Broadway and Airport Road, Agnes Street to Morgan Avenue, street improvements. Mr. Townsend stated that the project will be jointly funded by the Department of Highways and Public Transportation and the City under the Urban Systems Program. City Manager Townsend then asked Assistant City Attorney Bob Coffin to preside in establishing testimony in connection with the project. Assistant City Attorney Bob Coffin stated that the State law requires that the amount of assessment for each property owner shall not exceed the value of the enhancement received from the improvements. He called as his first witness Mr. James K. Lontos, P.E., Director of Engineering and Physical Development, City of Corpus Christi. Attorney Coffin then asked that Mr. Lontos state his qualifications as a City engineer and Mr. Lontos replied that he is a Civil Engineer registered with the State of Texas and employed with the City for almost 20 years. Mr. Lontos proceeded to explain the scope of the two projects involved. He informed the Council that improvements consisted of excavation to a width and depth necessary to provide a roadway varying in width from 40' to 52' on Nueces Bay Boulevard, and a width of 60' on Airport Road, and that the roadway will be composed of 6" compacted lime stabilized subgrade, 6" base material compacted and lime treated, 511" asphalt stabilized base, and 11" Type D asphaltic concrete. Other improvements shall include 4" thick reinforced concrete driveways where'specified on the construc- tion plans, or requested by the abutting property owners. Mr. Lontos added that the State Department of Highways and Public Transportation will be the contracting agency on b projects. t Minutes Regular Council Meeting May 3, 1978 Page 7 Mr. Lontos also stated that the amount of the assessments have been computed according to the City ordinance pertaining to the levying of assessments and that the maximum charge for residential property was computed at a rate of $4.75 per linear foot for curb, gutter and pavement, $.75 per square foot for sidewalks, and $19.65 per square yard for driveways. Mr. Lontos informed the audience that the low bidder on the project was Asphalt Paving and Construction Company in the amount of $829,094.87. He mentioned he had had several requests to change the width of the driveways and that this could be made possible, subject to the requirements of the ordinance, if the property owners so request it. Council Member David Diaz asked if sidewalks would be constructed on the east side of the street as well as on the west side. Mr. Lontos assured him that sidewalks would be constructed on both sides of the street. Assistant City Attorney Coffin asked for any questions from members of the Council. There was no response. Mr. John Westervelt representing Champlin Refining Company spoke at this time requesting that the 55' width to their main entrance be maintained. Assistant City Attorney Bob Coffin called as his next witness, Mr. W. J. (Bill) Holly, Jr., a licensed Real Estate Broker in the State of Texas, and ascertained that Mr. Holly is familiar with the area and had examined each and every piece of property to be assessed in connection with this street project. Mr. Holly testified that, in his opinion, each and every piece of property will be enhanced at least in the amount of the proposed assessment. He did state, however, that there are several odd -shaped lots (located mostly at street intersec- tions), to be improved on which he recommends the following reductions in assessments. 1. Item No. 48: Property bounded by Airport Road (front) and an alleyway on the North side - Recommended a reduction in the total amount of $148.10. 2. Item No. 49: Property bounded by Airport Road and Baldwin Boulevard Recommended a reduction in the total amount of $146.59. 3. Item No. 50: Property bounded by Airport Road and Baldwin Boulevard Recommended a reduction in the total amount of $280.21. 4. Item No. 51: Property bounded by Airport Road and al alleyway on the South - Recommended a reduction in the total amount of $80.78. 5. Item No. 60: Property bounded by Airport Road and Lou Street - Recommended a reduction in the total amount of $604.92. Minutes Regular Council Meeting May 3, 1978 Page 8 Mr. Holly also testified that a number of these properties are zoned higher than the use of the property and that he is recommending that each piece of property that is used as a residence be assessed as residential property at the lesser rate if the property owners of these particular lots agree to have their property rezoned "R -lb" One -family Dwelling District. Mayor Lozano then called for anyone from the audience wishing to address themselves to the Council on their assessments. Norman Johnson, 1510 Palm Drive, stated that his property is now only worth $1,700 at the most and does not understand why he would need sidewalks on both sides of the street. He added that he had talked to other property owners who are also opposed to sidewalks on the east side of the street. He further told the Council that trees which were on his property had been ruined when the City used it to turn their big trucks around and even stored them there. Mr. Johnson further inquired as to why the assessed rate was so high since the project will be partially funded by the State. Council Member Sample explained to Mr. Johnson that the reason for the high rate of assessment on his property was because it is business zoned and asked Mr. Johnson if he would be willing to have his property rezoned to "R -lb". City Manager Townsend then asked Mr. Johnson how he had arrived at the $1,700 figure on the property value he had just mentioned. Mr. Johnson replied that he was offered that amount of money for that property which is now a vacant lot and in poor condition. City Manager Townsend suggested that Mr. Johnson discuss the matter about the City ruining his trees with Mr. James K. Lontos, Director of Engineering and Physical Development and said he felt pretty sure that a claim could be made on the damage to his property. Mr. Joe Cruz, 3032 John, also inquired as to why the high rate of assessment on his property. City Manager Townsend informed the Council that this area had been blanket zoned to "A-1" or "A-2" when it was first established because of the wide mixture of different residential uses. City Manager Townsend suggested that the Council have the staff come back with some further recommendation on this. Mit Reguiar Council Meeting May 3, 1978 Page. 9 Mr. Proctor L. Pulliam, 3040 Dempsey, addressed the Council in regard to .the street improvement stating he'is'very much opposed to any improvements and does not see that adding sidewalks could enhance the value of the properties along this area. He said he would like to know where all these people that are advocating sidewalks are -- why they are not at the meeting today. City Manager Townsend informed the audience that the'purpose'of the public. hearing is to determine if the assessment is fair to the public and property' owners what part of the cost should be paid by the property owner; and should the Council` see fit to change it. He added that probably the only people at this hearing are the people that are being assessed. Mr. Ashley Johnson, -representing his mother, Mrs. Clara N. Johnson, 344 Naples Street, spoke in opposition to the sidewalks. He said that before his mother received the assessment notice;,£hey had called the Engineering Department at City Hall to find out how much the assessment would be and that someone in that office had quoted them a figure of around $600. He stated they were later surprised when the notice was received to find out that the total amount assessed on their property was $2,6¢9.44. Council Member Sample stated that he shares the concern of the people and that probably what the staff should try to do is go back and see whether or not these assessments can be lowered without changing the zoning. - Mr. Ashley Johnson questioned why anybody would want an apartment rezoned near a refinery. He asked that the staff try to find out where the $600 figure was quoted on his assessment since the figure on the notice received is a considerably larger amount. Mr. Proctor Pulliam spoke again pointing out that there is no way that property along this area can be enhanced. He further stated that he has a 10 unit apartment --4 cottages, .6 duplexes. He added that most of his tenants are on welfare or working only for the miminum wage; and that one couple, in particular, were both handicapped. Mr. Pulliam contended that if payment of the assessment was required of him, he would be forced to raise the rent on his tenants and there is no way these people could pay much higher rent as it would be a hardship on them. He said there is no need for sidewalks as there is no pedestrian traffic. Mr. Rudy Opperman, Regional Manager for Alamo Express, Inc. presented the Council the views of the Alamo Express, Inc., why the proposed driveway, curbing, Minutes - - REgular Council Meeting.,-:, May 3, 1978 Page 10 -I . and sidewalks projection would present an unnecessary hardship on his company. He stated that Alamo Express is not opposed to any assessments against them that arise from the proposed improvements; however the company feels that any diversion of their present assessibility to Nueces Bay Boulevard would be detrimental to their total operation. Mr. Opperman explained that the only assessibility to the rear parking lot is to the east of the terminal; their present assessibility to Nueces Bay Boulevard is paved and runs the length of their front property line which is in excess of 200 feet; and that their present situation allows them complete maneuverability, without restriction, of their equipment both to and from Nueces Bay Boulevard and also on their premises. He contended that any restriction that would be levied against them,through the proposed project of putting in curbs and driveways would certainly hamper their total operations considerably. Mr. Opperman also pointed out that if their assessibility to their'docks and property is restricted'in any way through the establishment of curbs and driveways, it would present a hardship to the general public traversing Nueces Bay Boulevard because of the additional maneuvering c of their tractor trailer equipment to utilize the proposed driveway. In closing, Mr. Opperman urged that the proposed curbing and driveway maximum be eliminated from the proposal and allow them to continue the full utilization of their present assessibility to Nueces Bay Boulevard. City Manager Townsend brought the Council's attention to a draft copy of a resolution signed by Judge Barnes passed on motion by the Commissioners Court which was attached to Mr. Holly's report and passed out earlier. Mr. Clifford Cosgrove, 3302 Olsen, questioned the need for a sidewalk on the west side of Nueces Bay Boulevard since there is no pedestrian traffic along the refineries and it would be placing them in a position where they would not have a place to park. City Manager Townsend informed Mr. Cosgrove that parallel parking is being proposed in this area. Mayor Lozano asked for any other members from the audience wishing to speak in regard to the assessments. There was no response. Motion by Holt that the hearing be closed; seconded by Sample, and passed unanimously. Minutes Regular Council Meeting May 3, 1978 Page 11 Motion by Diaz that the preliminary assessment roll on both the Nueces Bay Boulevard, I.H. 37 to West Broadway and Airport Road, Agnes Street to Morgan Avenue street improvement projects be tabled for, further study; seconded by Holt, and passed unanimously. There being no further business to come before the Council, the public hearing was closed at 4:34 p.m., May 3, 1978. * * * * * * * * * * * * * * * Mayor Lozano called for the continuation of the presentation of the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations: k. Recommendation that the City provide legal defense for City officers and employees in suits arising from performance of their official duties, and indemnify officers and employees from judgments against them resulting from good faith acts within the scope of their authority or employment. 1. Recommendation that a public hearing be held May 24, 1978 at 2:00 p.m. during the Regular Council Meeting on an appeal by Bluebonnet Trans- portation Company from the Taxicab Inspector's decision to deny two additional taxicab permits. The permits were denied after the required public hearing on March 27, 1978 and based on a study of the need for additional taxicab service. Section 57-41 of the City Code provides the right to appeal this decision to the City Council. m. Recommendation that the request of Roan Real Estate Company, Inc. for a revocable easement near the intersection of Agnes and Driscoll Drive for the construction of a building inside the City's right-of-way by approximately 1.83 feet be denied. City Manager Townsend pointed out the area involved on the map under item "m" and explained that this building has been down for sometime. He explained that eventually, there will be a street improvement project on Driscoll Drive and that even if the request is small, there is no valid reason for this. He added the entire area is too congested and does not recommend to the Council that this encroachment be allowed. He mentioned that a sidewalk would be constructed later and does not feel that two extra feet can make that much difference to the company making the request; therefore he is recommending denial. City Manager Townsend announced that an addition to the Regular Council Meeting had been posted as an emergency posting and would like to present it as a recommendation to the City Manager's reports as item "n". Minutes Regular Council Meeting May 3, 1978 Page 12 n. Recommendation that the City accept $7,513.50 in payment for sanitary sewer improvements in Navigation Industrial Park Subdivision, Section Two. The City has entered into two agreements with the developer of this subdivision for improvements: (1) On July 21, 1964 for $10,299 for storm sewer construction to be paid when Section Two, Unit Two has been developed. (2) On March 24, 1971 for $7,513.50 for sanitary sewer line. Payment of the $7,513.50 was to be based upon development or within 5 years from the date of completion of the sewer. This line was completed on September 15, 1971 and payment is overdue. Although both agreements have been filed for record, recent sales in Section Two have not recognized the liens. Presently, two lots (Block 2, Lots 4 and 5) are pending sale. Prior to such sale, both outstanding obligations need to be resolved. It is recommended that the City accept the full amount of $7,513.50 for the sanitary sewer improvements at this time and a letter from the owners acknowldging that prior to the sale of any other lots in this division, except those fronting on Navigation Boulevard, the $10,299 for storm sewer construction will be paid. City Manager Townsend would like to suggest to the Council to act on this as quickly as possible as the 45 day waiting period on the signed contracts are due today and the title company closes its office at 5:00 p.m. Mayor Lozano entertained a motion under item "n" of the City Manager's Reports. It was so moved by Council Member Holt, seconded by Juarez, and passed unanimously. Mayor Lozano called for discussion from the audience under the City Manager's Reports. Mr. Bert Haas, representing Roan Real Estate Co., Inc., spoke relative to item "m". Mr. Haas presented the Council with their proposed layout of their plans stating that the company will construct the building over an existing foundation which is presently encroaching on the right-of-way. Mr. Haas assured the Council that a larger encroachment adjacent to this building will be removed by the owner within one year. He further stated that they would construct a screening fence and meet the requirements of the City Code but they do not want to build the fence at the same time as the building because a lot of trash, junk and debris would have to be removed before the fence could be constructed. Council Member Holt asked City Manager Townsend if it would be possible for the City to give Mr. Haas a year to build the fence. City Manager responded that Mr. Haas could be granted any kind of modification the Council so desires after a hearing. Minutes Regular Council Meeting May 3, 1978 Page 13 Further discussion followed on this but the Council indicated to go along with the City Manager's recommendation. Mr. A. C. Johnson, 7117 Southhaven, spoke relative to item 4k" stating that he agreed with City Manager Townsend that the City should provide legal defense for City officers and employees in suits arising from performance of their official duties except when a city employee makes a mistake; has been advised that he is making a mistake, and still chooses to do so. City Manager Townsend assured Mr. Johnson that this would be made clear in the ordinance. There was no further discussion under the City Manager's Reports. Motion by Diaz to accept the City Manager's Reports items "a" through "m"; seconded by Juarez and passed unanimously. * Mayor Pro Tem Bob Gulley left at this time. * * * * * * * * * * * * * * * City Manager Townsend next presented the ordinances for Council approval and gave a brief explanation of each. He provided the Council with copies of the draft contract with the Corpus Christi Area Convention and Tourist Bureau showing proposed changes. Mayor Lozano asked for any questions on the ordinances from either the Council or the audience. James R. Bryce, 4610 Monette, spoke in opposition to the second reading of an ordinance authorizing a five-year contract with the Corpus Christi Area Convention and Tourist Bureau. Mr. Bryce presented the Mayor and members of the Council with a memo citing his reasons for objecting to said contract. Mr. Bryce questioned the entering into this contract a year before the existing contract expires; the City funding $60,000 to the Tourist Bureau for expansion of their building; and for any public tax money turned over to a privately owned organization for the private use of that privately owned organization. In conclusion, Mr. Bryce thanked the Council for giving him their time and said he knew he had not changed their minds on how they planned to vote on the ordinance authorizing said contract; but that he hoped that the Council would meditate upon their action at length. City Manager Townsend saidwhe would like to clarify that the addition to the Tourist Bureau will be a City facility financed by City funds and that the City has no intention of transferring public funds over to any organization for private use. Minutes Regular Council Meeting May 3, 1978 Page 14 Mayor Lozano said he has no qualms on this contract and will vote on the passage of the ordinance. Council Member Holt said he, too, is in favor of the contract because the Tourist Bureau is more important now than it has ever been and will vote for passage of the ordinance, also. Mayor Lozano asked if there was anyone else wishing to speak on the matter. Mr. Howard Stark, Member of the Executive Committee of the Tourist Bureau, urged the Council to pass this reading of the ordinance to its third and final reading and feels that Mr. Bryce is no stranger to the Council in that he has been dramatically opposed to the Tourist Bureau. ** Council Member Sample left at this time. Council Member Gill asked that City Manager Townsend explain why the word "appropriate" under item B(1) of the proposed contract was deleted and the word "provide" was substituted instead. City Manager Townsend called on Mr. Bill Hennings, Director of Inspections and Operations to explain this to Council Member Gill. Mr. Hennings informed Council Member Gill that the word "provide" is just the language used on the present budget. There were no further comments from the Council or the audience on the ordinances. City Secretary Read polled the Council for theit votes, and the following ordinances were approved as follows: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 39, PERSONNEL, ARTICLE I, IN GENERAL, BY ADDING THERETO PROVISIONS FOR LEGAL DEFENSE OF CITY OFFICERS AND EMPLOYEES IN SUITS ARISING FROM THEIR OFFICIAL DUTIES; FOR INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES FROM CIVIL JUDGMENTS AGAINST THEM RESULTING FROM THEIR GOOD FAITH ACTS WITHIN THE SCOPE OF THEIR AUTHORITY; FOR RESERVING THE CITY'S DEFENSE OF GOVERNMENTAL IMMUNITY; FOR NOTICE TO THE CITY OF SUCH SUITS AGAINST OFFICERS OR EMPLOYEES; FOR RESERVING POWER OF THE CITY TO DISCIPLINE OFFICERS OR EMPLOYEES; AND FOR EXCLUDING FROM INDEMNIFI— CATION SUITS IN BEHALF OF THE CITY AGAINST AN OFFICER OR EMPLOYEE BUT PERMITTING LEGAL REPRESENTATION OF SUCH AN OFFICER OR EMPLOYEE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Diaz, Gill, Holt, Juarez voting "Aye"; Gulley and Sample absent. Minutes Regular Council Meeting May 3, 1978 Page 15 SECOND READING: AUTHORIZING THE CITY MANAGER TO ENTER INTO A FIVE-YEAR CONTRACT WITH THE CORPUS CHRISTI AREA CONVENTION AND TOURIST BUREAU FOR TOURIST AND CONVENTION ADVERTISING AND PROMO- TION, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING ARTICLE VI, DEPARTMENT OF PUBLIC HEALTH: CITIZENS' ADVISORY HEALTH AND WELFARE BOARD, SECTION 2-163, ENTITLED "CITIZENS" ADVISORY HEALTH AND WELFARE BOARD - CREATED: COMPOSITION AND APPOINTMENT OF MEMBERS; RULES OF PROCEDURE; OFFICERS; TERMS OF MEMBERS; FILLING VACANCIES." SO AS TO PERMIT REAPPOINTMENT OF MEMBERS TO THE SAID BOARD. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. ORDINANCE NO. 14292: AUTHORIZING THE CITY MANAGER TO EXECUTE A COOPERATIVE CONTRACT WITH THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE UNITED STATES GEOLOGICAL SURVEY FOR THE OPERATION OF A STREAM FLOW GAUGING STATION AT THE TILDEN CROSSING ON THE NUECES RIVER WEST OF THREE RIVERS, TEXAS, AT A COST OF $5,670, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A 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 approved by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample, absent. ORDINANCE NO. 14293: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH MAVERICK CONSTRUCTION COMPANY FOR DRAINAGE AND SANITARY SEWER IMPROVEMENTS TO THE HEARN ROAD DITCH; APPROPRIATING $120,000 AS FOLLOWS: $62,000 OUT OF THE NO. 295 STORM SEWER BOND FUND APPLICABLE TO PROJECT NO. 295-70-70, HEARN ROAD DITCH, EROSION CONTROL AND $58,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO PROJECT NO. 250-77-12, BROOKHAVEN, FIVE POINTS AREA SEWERS; OF WHICH APPROPRIATION $108,680 IS FOR CONSTRUCTION ($58,700 TO PROJECT NO. 295-70-70, AND $49,980 TO PROJECT NO. 250-77-12), AND $6,750 IS FOR ENGINEERING FEES (250-77-12), AND $4,570 IS FOR CONTINGENCIES LABORATORY TESTING, AND INCIDENTAL AND RELATED EXPENSES ($2,468 TO 295-70-70 AND $2,102 TO 250-77-12), AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. ORDINANCE NO. 14294: AMENDING ORDINANCE NO. 13815, PASSED AND APPROVED ON JULY 6, 1977, BY AMENDING SECTION 4 OF SAID ORDINANCE, SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY 00WNERS ON THE FOLLOWING STREET: KOSTORYZ ROAD (M.H. 103) FROM STATE HIGHWAY 358 (PADRE ISLAND DRIVE) TO HOLLY ROAD. AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rulew was suspended and the foregoing ordinance was approved by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample, absent. Minutes Regular Council Meeting May 3, 1978 Page 16 ORDINANCE NO. 14295 AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FIRST SAVINGS ASSO- CIATION OF CORPUS CHRISTI, DEVELOPER OF OVERLAND MEADOWS SUBDIVISION, UNIT 2, WHEREBY THE DEVELOPER WILL CONSTRUCT AN OVERSIZED STORM SEWER AS SHOWN ON EXHIBIT "A" IN LIEU OF THE MINIMUM SIZED STORM SEWER AS SHOWN ON EXHIBIT "B", ATTACHED TO THE SAID AGREEMENT, AND THE CITY AGREES TO REIMBURSE THE DEVELOPER IN THE AMOUNT OF $11,381.71 WHICH REPRESENTS THE EXCESS COSTS OF OVERSIZING THE LINE, SAID REIMBURSEMENT TO BE MADE UPON COMPLETION AND ACCEPT- ANCE OF THE IMPROVEMENTS BY THE CITY, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; APPROPRIATING A TOTAL OF $11,381.71 OUT OF THE NO. 295 STORM SEWER BOND FUND, APPLICABLE TO PROJECT NO. 295-72-17, OVERLAND MEADOWS STORM SEWER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. ORDINANCE NO. 14296: AUTHORIZING TRE CITY MANAGER TO EXECUTE AN AGREEMENT WITH CLAUD H. VAUGHAN AND ROBERT B. McLEAISH, DBA VM COMPANY, PROVIDING FOR CITY PARTICIPATION IN OVERSIZE-OVERDEPTH CONSTRUCTION OF A SANITARY SEWER EXTENSION IN THE AIRPORT INDUSTRIAL SUBDIVISION, AS MORE FULLY SET FORTH IN THE AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROP- PRIATING $5,729.91 OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR PAYMENT TO THE DEVELOPERS, APPLICABLE TO PROJECT NO. 250-72-21, AIRPORT INDUSTRIAL SUBDIVISION, OVERSIZE AND OVERDEPTH OF SEWER LINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the follwoing vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. ORDINANCE NO. 14297: CLOSING AND ABANDONING ALL OF THE UTILITY EASEMENTS SITUATED WITHIN LOTS 15 THROUGH 30, BLOCK 1, AND ALL OF BLOCKS 2, 4, 5 AND 6, SHELTER BAY RESORT ESTATES, RECORDED IN VOLUME 41, PAGES 15-18, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO DEDICATION OF ALTERNATE EASEMENTS BY REPLATTING OF THE PROPERTY BY THE OWNER; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved bythe following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. ORDINANCE NO. 14298: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT AMENDMENT REQUEST TO THE URBAN MASS TRANSPORTATION ADMINISTRATION TO INCREASE THE NET PROJECT COST ON THE 1976 TRANSIT CAPITAL ASSISTANCE APPLICATION FROM $385,110 TO $665,060 AND THE GRANT REQUEST FROM $308,088 TO $532,048; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO OBTAIN THE AFORESAID GRANT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Diaz, Gill, Holt and Juarez voting "Aye"; Gulley and Sample absent. t Minutes Regular Council Meeting May 3, 1978 Page 17 Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Henry L. Martinez, 2117 Carolyn Drive, representing residents of the Cabaniss Acres area which includes Joyce, Carolyn, and Frederick streets, presented a petition containing 112 signatures requesting that their area be included in the Neighborhood Improvement program. City Manager Townsend reminded Mr. Martinez that the program that is being prepared now will not go into effect until June 1, 1979. Mr. Townsend stated the City would be happy to make a survey of the area to determine eligibility based on income under the Community Development Block Grant program if Mr. Martinez would file the petition with the City Secretary's Office. Mrs. G. Bazan, 222 Claremore, said she would like to thank the Council for the nice surprise they received last week. She said she has lived in the area in back of Del Mar College between Norton and Ayers and the streets have been in great need of repairs. She went on to say she had complained endlessly to the City but had gotten no response. She stated she had already given up on the situation but was amazed to find the City crew working on their street last week and thanks the Council and everyone involved for it. Mrs. Bazan also informed the Council she had another reason for being there -- to complain of an unusually high water bill she had received. Mrs. Bazan said she usually consumes 3,000 to 5,000 gallons of water but this month, she had been charged for 45,000 gallons of water. Mrs. Bazan stated that she had immediately contacted someone at the Public Utilities Office and that a staff member of that office had ascertained that no water leaks existed on her property. She said she did not mind paying for water actually consumed but that there is no way she could have used 45,000 gallons of water. City Manager Townsend assured Mrs. Bazan that someone would be contacting Payher to correct the situation and that she just pay what she feels is owed by her on the water bill consumption. * * ** * * * * * * * * * City Manager Townsend reminded the Council that the Council portraits will be taken on Wednesday, May 17, 1978. There being no further business to come before the Council, on motion by Holt, seconded by Juarez, and passed unanimously, the Regular Council Meeting was adjourned at 6:20 p.m., May 3, 1978. I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of May 3, 1978 through May 31, 1978, inclusive, and having been previously approved by Council action, are by me hereby approved, as itemized. 5/03/78 - Regular Meeting 5/10/78 - Regular Meeting 5/17/78 - Regular Meeting 5/17/78 - Special Meeting 5/24/78 - Regular Meeting 5/31/78 - Regular Meeting. , Mayor us Christi ICROFIL..._ SEP 0 3 1980