HomeMy WebLinkAboutMinutes City Council - 06/21/1978PRESENT:
Mayor Gabe Lozano, Sr.
Mayor Pro Tem Bob Gulley
Council Members:
David Diaz
Ruth Gill
Tony Juarez, Jr.
Edward L. Sample
MINUTES
CITY OF CORPUS CHRISTI, TEXAS
REGULAR COUNCIL MEETING
JUNE 21, 1978
2:00 P. M.
City Manager R. Marvin Townsend
City Attorney J. Bruce Aycock
City Secretary Bill G. Read
Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chamber
of City Hall.
Bishop William J. Mareth of the Church of Jesus Christ of Latter Day
Saints gave the invocation.
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 then recognized members of the Mary Carroll High School band
and drill team who were present in the Council Chamber and stated that a proclama-
tion had been presented them in his office.
The sponsor of the group explained that the band and drill team had been
invited to participate in the Orange Bowl Parade in Miami, Florida on January 1,
1979. She further informed the Council that they were the only band and drill
team in Texas invited to appear for this event and suggested that they would be
representing all of Corpus Christi, not just Carroll High School. She also
explained that the group will be attempting to raise funds for their expenses for
the trip from June 6 through December 26, 1978. Several of the band and drill
team members then made the members of the Council and City Manager Honorary Tigers.
Mayor Lozano announced that the following proclamations had been presented
in his office: "MISS BLACK CORPUS CHRISTI DAY" - June 23, 1978; "CORPUS CHRISTI
AREA AMATEUR RADIO WEEK" - June 19-25, 1978; and "HELP SEND THE CARROLL HIGH SCHOOL
TIGER BAND AND TIGERETTES TO THE ORANGE BOWL PARADE ORANGE DRIVE" - June 6 -December
26, 1978.
Motion by Diaz that the minutes of the Regular and Special Council Meetings
of June 7, 1978 be approved as presented; seconded by Sample; and passed unanimously..
MICROFILMED
SEP 0 31980
Minutes
Regular Council Meeting
June 21, 1978
Page 2
Motion by Diaz that Council Member Joe Holt, who is out of the City, be
excused from the meeting for just cause; seconded by Sample; and passed unani-
mously.
* * * * * * * *
Mayor Lozano announced the scheduled bid opening on the following project:
Installation of acoustical panels in the auditorium and crafts room of the Green-
wood and Lindale Senior Citizen Centers. A grant from the Governor's Committee on
Aging has been received for most of this work.
Mr. James K. Lontos, Director of Engineering and Physical Development,
conducted the bid opening. The first bid opened was from Sechrist-Hall, Corpus
Christi, and Mr. Lontos informed the Council that this company had bid with the
stipulation that the number of working days for completion had been changed from
20 working days to 45 working days due to a delay in planned production of mater-
ials and shipping time. The other bid received was from Coastal A.D.S., Inc.,
Robstown. Mr.. Lontos stated that both companies had submitted the required bid
security check.
Mayor Lozano stated that the apparent low bidder was Coastal A.D.S., Inc.,
but that the bids would be tabled for 48 hours pursuant to the requirements of the
City Charter and referred to the staff for tabulation and recommendation.
* * * * * * * *
Mayor Lozano called for the City Manager's Reports. City Manager Townsend
presented the following items with related comments and explanation. The reports
presented recommended that:
(1) A public hearing be held at a Special Council Meeting at 3:30 p.m.
on July 12, 1978 on the following zoning applications:
(a) City of Corpus Christi: "F -R" to "R -1B", located on both
sides of High Ridge Drive between Leopard and IH 37.
(b) Gibralter Savings: "R -1B" to "A-2", located on the west side
of McKinzie Road approximately 700 feet south of Leopard Street.
(c) Mr. Oscar and Mr. Guadalupe Gonzales: "AB" to "B-1", located
on the northeast corner of Everhart Road and Jacquelyn Drive.
(d) Text Amendments to Zoning Ordinance, Articles 3 and 24: These
amendments would correct inconsistencies relative to maximum
units per acre and resolve confusion as to correct interpreta-
tion of the ordinance.
(2) Bids be received at 11 a.m., Tuesday, July 11, 1978 on the following
replacement equipment:
(a) A truck mounted crane for the Water Division.
(b) A high pressure, trailer mounted sprayer for the Park Division.
Minutes
Regular Council Meeting
June 21, 1978
Page 3
(3) A contract for painting the Service Station at the Service Center at
5352 Ayers Street be awarded to Sam Handy of Corpus Christi on the
basis of low bid of $11,956 including a 2% term discount. Bids were
received from two firms.
(4) The contract for construction of improvements to the Broadway Waste-
water Treatment Plant be awarded to Goolsby Building Corporation for
$3,439,923 and $3,600,000 be appropriated, including laboratory testing,
engineering, construction inspection, and related expenses, subject to
concurrence by the Texas Department of Water Resources and the
Environmental Protection Agency. The project includes construction
of a 100 foot diameter clarifier, sand filters, aerobic digester,
sludge dewatering system, chlorinator, and related site improvements.
Four existing 160 foot diameter rock filters will be rehabilitated
and four final effluent pumps replaced. The City has received a grant
from the Environmental Protection Agency for 75% of the cost. Local
share will come from funds approved in the November 8, 1977 bond election.
(5) The 10' utility easement along the south side of Lot 3 and the west
side of Lots 2 and 3 in Green Tree Subdivision, Unit 2, be abandoned
at the request of the abutting property owner subject to the dedication
of alternate easements by replatting. The property is located on the
west side of Flour Bluff Drive between Division and Purdue Roads.
(6) A proposal be submitted to the National Council on the Aging for continued
funding of the Title IX Senior Citizen's Employment Program from
July 1, 1978 through June 30, 1979. The total program cost is $220,250,
of which $189,000 is to be requested from the National Council on the
Aging. $31,250 will be provided by the City as in-kind contribution
with no cash being required. The program will provide approximately
51 half-time positions for disadvantaged persons 55 years of age or
older through the City's Work Experience Program.
City Manager Townsend stated that the participants in this program must be
employed in non-profit organizations or health care agencies and presented the
Council a list of the work sites employing the senior citizens.
Mayor Pro Tem Gulley inquired about the type of work performed, and City
Manager Townsend replied that they perform any kind of work for which they are
qualified, such as clerical duties, working with children, etc.
Council Member Gill questioned one of the work sites listed and inquired
as to whether or not the Schlesigner Home Health Agency is a non-profit organization.
City Manager Townsend stated that he was not familiar with this agency but that he
would check this with a member of the staff and have a report later during the meet-
*(7)
Rental charges and regulations for the new Auditorium be established.
The basic rental charge would be $450 or 7% of gross receipts, which-
ever is more, up to a maximum of $1,000. A discount of 15% would apply
to non-profit sponsors and 33% for events with free admission. The
local symphony would be charged 12% of gross receipts in excess of
$5,000, with a $1,000 maximum.
*This item was withdrawn - see page 5.
Minutes
Regular Council Meeting
June 21, 1978
Page 4
In regard to the preceding recommendation, Mayor Pro Tem Gulley asked why:
the Corpus Christi Symphony is not included in the non-profit organization category.
Council Member Diaz inquired about the basis of the recommended charges.
City Manager Townsend stated that the recommended charges are based on an
overview of a combination of the services required at this Auditorium and charges
made by other cities for similar accommodations. He explained that it is hoped that
the facility will generate some income. He asked for further explanation from Mr.
Bill Hennings, Director of Inspections and Operations, and for a comparison of the
rates for the Auditorium and the rates charged by Del Mar College for use of their
auditorium.
Mr. Hennings explained that the basic idea was to develop a rate structure
comparable to other cities. He stated that Mr. Hal Peterson, Convention Center and
Auditorium Manager, made a survey of the rates charged by other cities and attempted
to set charges for this Auditorium designed to attract local groups. In regard to
a comparison of the rates charged by Del Mar College, Mr. Hennings stated that this
would have to be made on an individual basis for the type of group using the audi-
torium. He further explained that the City's Auditorium will be higher than the
rates charged by Del Mar because the facility is larger.
In regard to the recommendation on rates for the Corpus Christi Symphony,
Mr. Hennings informed the Council that the staff ha\d met with the representatives
of the Symphony, and they had agreed that the first $5,000 will be exempt from
rent, and if the gross receipts are in excess of $5,000, the symphony will be
charged 12% of the amount over $5,000, with a $1,000 maximum rental. Mr. Hennings
stated that the reason for this was to eliminate the risk for the symphony, but if
attendance increases, the City will receive rental in a larger amount than for other
users of the Auditorium.
Mayor Pro Tem Gulley objected to the fact that there is no minimum charge
for the symphony.
Council Member Juarez noted that the City contributes $12,000 to the
symphony each year.
City Manager Townsend pointed out that the symphony will be charged for
certain services in connection with their performances.
Minutes
Regular Council Meeting
June 21, 1978
Page 5
Mayor Pro Tem Gulley expressed concern that if the symphony performances
do not gross over $5,000, they will be able to use the Auditorium rent free, whereas
other non-profit organizations have to pay a minimum fee of $450 less 15%.
Mr. Hennings expressed the opinion that the symphony audiences will grow
if the performances are held at the new Auditorium.
Council Member Gill pointed out that the Auditorium was designed for use
by the symphony; the rate schedule has been worked out between the staff and repre-
sentatives of the symphony; it is possible that they will continue to use Del Mar
if they are charged a minimum fee; and suggested that they be given the opportunity
to realize their full potential by using the larger Auditorium.
Council Member Diaz indicated that he felt that there should be a minimum
charge for the symphony and suggested that some amount be set.
City Manager Townsend asked Mr. Hennings to explain the supplemental
charges that will be made by the symphony. Mr. Hennings stated that the symphony
will be charged $25 for use of the rehearsal hall, and they have six rehearsals;
$100 for the rehearsal on the day of the performance; a $25 fee for special setups;
and a $25 fee if the thrust stage extension is used for the concert.
City Manager Townsend stated that since the Council indicated some concern
about this item, he would withdraw it from the agenda. Mr. Townsend explained that
this matter had been discussed previously, and it was his understanding that the
Council had agreed to these terms at that time.
(8) $795.00 be appropriated for appraisal services by Mr. Sidney H. Smith III
for acquisition of a parcel of land for off -ramps for Interstate Highway
37 at McKinzie Rdad. "The property is outside theCity limits and is
owned by W. Robert L. McKinzie. The County will reimburse the City
for the cost of the appraisal.
Mayor Lozano called for comments or questions from the audience on the City
Manager's Reports. There was no response.
Motion by Sample that the City Manager's Reports, Items (1) through (6) and
Item (8), Item (7) having been withdrawn, be approved; seconded by Juarez; and
passed unanimously.
Minutes
Regular Council Meeting
June 21, 1978
Page 6
City Manager Townsend reported that the Schlesinger Home Health Agency
is obviously not a non-profit organization; therefore, this matter will be checked
by the staff since it is listed as a work site for senior citizens' employment
through the Title IX Program.
* * * * * * * *
Mayor Lozano called for presentation of the ordinances. City Manager
Townsend briefly explained the ordinances, and Mayor Lozano called for questions
from the Council on the ordinances.
Council Member Gill referred to the third reading of the ordinance reducing
the speed limit on a portion of South Padre Island Drive and stated that she had
received complaints that the speed limit and the traffic lights are not coordinated
to allow the smooth flow of traffic.
City Manager Townsend explained that it is difficult to coordinate the
traffic lights with the speed limit because the timing has been changed on some
locations. He also stated that the City must work with the State Department of
Highways and Public Transportation on this since it is a State highway.
Council Member Diaz also stated that he had received complaints about the
fact that the lights are not coordinated on the streets crossing under Padre Island
Drive since there are two traffic lights involved at most intersections.
City Manager Townsend stated that this matter will be investigated.
There were no comments from the audience on the ordinances.
City Secretary Read polled the Council for their votes, and the following
ordinances were passed:
THIRD READING - ORDINANCE NO. 14357:
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS
AMENDED, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED
LIMIT IN CERTAIN ZONES, SO AS TO DELETE REFERENCES TO PORTIONS OF SOUTH
PADRE ISLAND DRIVE (S.H. 358) AND IN LIEU THEREOF ADDING PROVISIONS FOR
SPEED LIMITS OF 50 MILES PER HOUR AT ALL TIMES FROM A POINT 2,353 FEET
WEST OF THE NAVAL AIR STATION RAILROAD SPUR TO 250 FEET EAST OF CANDLEWOOD
STREET; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR
PUBLICATION.
The foregoing ordinance was read for the third and final time and passed
by the following vote: Lozano,Gulley, Diaz, Gill, Juarez, and Sample
voting "Aye"; Holt absent.
Minutes
Regular Council Meeting
June 21, 1978
Page 7
ORDINANCE NO. 14358:
ABANDONING THE 10 -FOOT UTILITY EASEMENT ALONG THE SOUTH PROPERTY LINE OF
LOT 3 AND THE 10 -FOOT UTILITY EASEMENT ALONG THE WEST PROPERTY LINE OF
LOTS 2 AND 3, ALL IN GREEN TREE SUBDIVISION, UNIT 2, SUBJECT TO THE
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 passed
by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample
voting "Aye"; Holt absent.
ORDINANCE NO. 14359:
AUTHORIZING THE SUBMISSION OF A PROPOSAL TO THE NATIONAL COUNCIL ON THE
AGING, FOR A TITLE IX SENIOR CITIZEN'S EMPLOYMENT PROGRAM BEGINNING JULY
1, 1978 AND TERMINATING JUNE 30, 1979. TOTAL FUNDING FOR THE PROGRAM IS
$220,250, OF WHICH $189,000 IS TO BE PROVIDED BY THE NATIONAL COUNCIL ON
THE AGING AND $31,250 IS TO BE PROVIDED BY THE CITY AS AN IN-KIND CONTRI-
BUTION; ALL AS MORE FULLY SET FORTH IN THE PROPOSAL, A SUBSTANTIAL COPY OF
WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A";
AUTHORIZING THE CITY MANAGER TO EXECUTE ANY AND ALL RELATED CONTRACTS,
MODIFICATIONS, EXTENSIONS, RENEWALS, OR OTHER DOCUMENTATION REQUIRED IN
THE IMPLEMENTATION AND CONTINUATION OF THE AFORESAID PROGRAM; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample
voting "Aye"; Holt absent.
ORDINANCE NO. 14360:
AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GOOLSBY BUILDING
CORPORATION FOR CONSTRUCTION OF IMPROVEMENTS TO THE BROADWAY WASTEWATER
TREATMENT PLANT (EPA 8C-48-1216-03) SUBJECT TO APPROVAL BY AND CONCURRENCE
OF THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY; APPROPRIATING $3,600,000 OUT OF THE N0. 250
SANITARY SEWER BOND FUND, OF WHICH $3,439,923 IS FOR THE CONSTRUCTION
CONTRACT AND $160,077 IS FOR INCIDENTAL AND RELATED EXPENSES, ALL APPLICABLE
TO PROJECT NO. 250-77-1, BROADWAY WASTEWATER TREATMENT PLANT; AND DECLARING
AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample
voting "Aye"; Holt absent.
ORDINANCE NO. 14361:
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SIDNEY H. SMITH
III FOR APPRAISAL SERVICES FOR A PARCEL OF LAND IN CONNECTION WITH THE
McKINZIE ROAD - I.H. 37 OFF -RAMP ACQUISITION PROJECT AS MORE FULLY SET
FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO
AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING OUT OF THE
220 STREET BOND FUND, PROJECT 220-72-52, $795 FOR APPRAISAL SERVICES;
AND DECLARING AN EMERGENCY.
The Charter Rule was suspended and the foregoing ordinance was passed
by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample
voting "Aye"; Holt absent.
Minutes
Regular Council Meeting
June 21, 1978
Page 8
Council Member Gill pointed out that a number of people were present in
the audience who had been waiting for some time for the discussion in regard to
the closing of the 400 block of Peoples Street.
City Manager Townsend agreed that this matter should be discussed at this
time. He stated that the request was from the American Diabetes Association, the
Corpus Christi Lions Club and merchants along People's Alley to close the 400 block
of Peoples Street to vehicular traffic from 12:00 noon, Saturday, July 1, through
12:00 midnight, Tuesday, July 4, 1978. The proceeds from this celebration will go
to the Coastal Bend Chapter of the American Diabetes Association. A street dance
will be held from 9:00 p.m. Sunday, July 2, to 1:00 a.m. Monday, July 3, for which
a $4.00 fee will be charged as admission to the dance.
City Manager Townsend pointed out that this request is for four days, includ-
ing Monday which is a regularyorking day for most merchants in the area. He stated
that the staff is concerned that an admission charge is proposed for the dance to
be conducted on a public street, which would prohibit anyone from entering the
public street to conduct business there. He emphasized that there is no legal way
that a street can be closed and admission charged for an event held there, even
though this is a very worthy cause. Mr. Townsend noted that the downtown merchants
had signed a statement offering no objection to the closure, but even assuming that
all of the property owners agree to this, he does not feel that he can recommend
this closure because of the proposed admission charge. City Manager Townsend fur-
ther informed the Council that the Legal Department expressed the opinion that this
is illegal without a process of a public hearing being conducted and notification
being sent to property owners within 450 feet of the portion to be closed.
Council Member Diaz stated that he thinks that this is a good idea and he
approves of the planned activity, but he does not feel that the City can allow the
charge of an admission fee.
Mayor Pro Tem Gulley also questioned the legality of charging people to
enter any portion of a public street.
City Manager Townsend stated that it had just been called to his attention
that the applicant desires to modify the request.
Minutes
Regular Council Meeting
June 21, 1978
Page 9
Mayor Lozano called on the applicant to speak.
Mrs. Betty Hancock, Executive Secretary of the Coastal Bend Chapter of the
American Diabetes Association, stated that her organization had decided not to
charge admission to the dance but just ask for voluntary donations from those
attending.
Mayor Pro Tem Gulley asked if all of the merchants on the block have agreed
to the closure for the four days.
City Manager Townsend inquired of Mrs. Hancock if all of the tenants have
signed the form of approval, and if not, then a public hearing is required.
Mrs. Hancock stated that she had understood that someone in opposition
to the closure would be present to speak at this time. City Manager Townsend
stated that unless all of the property owners involved concur with the street
closing, he cannot recommend it. Mr. Townsend then asked Mrs. Hancock who had
obtained the signatures on the approval form and if they could confirm that all
property owners had agreed to the street closing.
Mrs. Hancock replied that Ms. Martha Ferguson had obtained the signatures,
but that she is not present.
Mr. Bill Sweetland spoke at this time and stated that the approval form
had been circulated among the merchants, and all except one property owner had
signed the form. He stated that the owner of the Adult Book Store could not be
contacted, and the manager of this store did not have the authority to sign the
form. Mr. Sweetland expressed the opinion that none of the property owners would
object to the street closing.
City Manager Townsend stated that he will recommend approval of the
request since there will be no admission charge and apologized to the Council for
the staff's not having made sure that all property owners had no objection to the
closure. He then made the following recommendation that:
(9)
The request of the American Diabetes Association, the Corpus Christi
Lion's Club and merchants along People's Alley to close the 400 block
of Peoples Street to vehicular traffic from 12:00 noon Saturday, July 1,
through 12:00 midnight Tuesday, July 4, 1978 be granted. The proceeds
from this celebration will go to the Coastal Bend Chapter of the
American Diabetes ,Association.
City Manager Townsend commented that the Council, the Police Department
or the City Manager has the authority to reopen the street if necessary at any time.
Minutes
Regular Council Meeting
June 21, 1978
Page 10
Council Member Diaz expressed concern that the owner of the Adult Book
Store had not been contacted in regard to the street closing. Council Member Gill
and Mayor Pro Tem Gulley also indicated that this should have been worked out
before it was presented to the Council.
City Manager Townsend agreed that it should have been done but stated
that the staff should not become involved in obtaining signatures of the affected
property owners,'because this is the responsibility of the applicant, and if all
of the property owners do not agree, then a public hearing should be held.
Council Member Diaz stated that he did not think that this request should
be delayed just because one property owner could not be contacted.
Motion by Diaz that the 400 block of Peoples Street be closed to vehicular
traffic from 12:00 noon Saturday, July 1, through 12:00 midnight Tuesday, July 4,
1978; seconded by Juarez; and passed unanimously.
City Manager Townsend stated that the ordinance effectuating this closure
will be on the agenda next week.
Mrs. Hancock and Mrs. Martha Chavez thanked the Council for approving the
street closure.
Mayor Lozano called for petitions or information from the audience on
matters not scheduled on the agenda.
Mr. Mike Zepeda, 4533 Townsend, Business Manager of the Corpus Christi
Public Employees Local 3042 of the American Federation,of State, County and
Municipal Employees, AFL-CIO, stated that he was addressing the Council again
since several Council Members were not present at the &ouucil Meeting on June 14.
Mr. Zepeda stated that he was speaking on behalf of 1,000 City employees and
requesting that the Council approve an across-the-board salary increase of 12%,
pay for the employees' dependent medical and hospitalization insurance, and pay
for safety boots, gloves, raincoats and vests for employees of the Waste Collec-
tion, Gas and Water Departments.
Mr. Zepeda reiterated that he wanted to make it clear that while municipal
employees do not have collective bargaining rights, they do have collective "begging"
Minutes
Regular Council Meeting
June 21, 1978
Page 11
rights. He informed the Council that many employees do not carry dependent hos-
pitalization insurance because they cannot afford it. He requested that the
Council remember this during the upcoming budget discussions. Mr. Zepeda also
informed the Council that the union will commence processing grievances for members
of Local 3042 on July 4, 1978.
Council Member Diaz stated that he did not like the terminology used by
Mr. Zepeda, because he does not believe that City employees have to beg for salary
increases. He referred to a statement made by Council Member Sample during the
Workshop Meeting in which he stated that he would like to approve salary increases
for all City employees as a part of the 1978-79 Budget. Mr. Diaz stated that he
felt that most of the Council Members agreed with that.
Mayor Pro Tem Gulley pointed out that Mr. Zepeda was emphasizing that the
union does not have collective bargaining rights.
City Manager Townsend stated that Mr. Zepeda is addressing the Council only
as a private citizen and is not in a position to speak for employees except on the
matter of grievances of individual employees.
Mr. Zepeda expressed the opinion that under the State statutes, they have
the right to represent the employees of the City of Corpus Christi.
Mayor Pro Tem Gulley explained to Mr. Zepeda that he can only speak for
an individual employee on grievance matters, yet he is requesting salary increases
for all employees. Mr. Zepeda pointed out that he is not asking for salary
increases for all City employees -- only those who are members of the union.
Mayor Lozano assured Mr. Zepeda that the Council is considering cost -of -
living increases for all City employees, but the amount cannot exceed the funds
available.
Council Member Gill stated that she would like to know how many employees
do not carry hospitalization. City Manager Townsend explained that all City
employees have hospitalization, which is carried at a very minimal cost of less
than $1.00 per month, but the dependent coverage is rather expensive. Mr. Townsend
stated that he will have a report prepared on the number of employees who do not
carry the dependent coverage.
Minutes
Regular Council Meeting
June 21, 1978
Page 12
Mr. James Fichtel, 1935 Yorktown Road, addressed the Council in regard to
a complaint involving Park Department personnel who had cut down a tree that
belonged to him which was on the City's property, as well as trimming limbs from
a tree that was planted on his property. ,Mr. Fichtel stated that he had discussed
this matter with several employees of the Park Department and had been informed
that the tree and limbs were cut to enable a house mover to move a house along the
street. Mr. Fichtel stated that it was his understanding that such removal of
trees was the responsibility of the house mover and also contended that permission
should have been obtained from him.
City Manager Townsend asked Mr. Fichtel who he had talked to in the Park
Department, and Mr. Fichtel replied that the last person he talked with was Mr. Ken
Krenek. Mr. Fichtel stated that he was appearing before the Council because he had
received conflicting reports in regard to the matter from different employees of
the Park Department. He also pointed out that the large tree in the right-of-way
had never before interfered with traffic on the street on which his property sides.
City Manager Townsend assured Mr. Fichtel that he will investigate the
matter, report to him by telephone, and provide a report for the Council.
Council Member Gill inquired about the proper procedure the City should
follow in order to cut down trees.
City Manager Townsend informed her that anything over the public right-of-
way can be cut by the City, but the City cannot go onto private property to trim
trees. He further stated that usually the only reason the City cuts trees or
plants in the right-of-way is if the tree interferes with traffic flow. He also
stated that the City staff should never trim or cut down trees for a house mover.
* * * * * * * *
Mayor Pro Tem Gulley inquired of City Manager Townsend if he had anything
to report on the validity of the Choke Canyon Dam project bid.
City Manager Townsend stated that he does not feel that the contract will
be awarded to the low bidder. He explained that he understood that the low bidder
has filed a formal claim of an error because his bid was too low; if the bidder
shows his mistakes in his calculations and they are verified, the contract could
Minutes
Regular Council Meeting
June 21, 1978
Page 13
still be awarded to that contractor, but then it is possible that the other bidders
could protest. Mr. Townsend stated that ifsnothing has been settled within the
next few days, he would like to go to Denver to discuss the matter.
Mr. Bob Kibler, representative of Varian Associates, Inc., inquired about
the status of the bid award for the purchase of a replacement atomic absorption
spectrophtometer for the Health Department, stating that he had been informed
that the bid would be awarded today.
City Manager Townsend informed Mr. Kibler that the matter could not be
considered today because he had just received a report from the Purchasing
Department a few hours ago; he had not had an opportunity to even read the three
letters from the companies that submitted bids; and the matter will be before the
Council next week.
Mrs. Blanche Ann de los Santos, 201 Norton, asked that something be done
to decrease the noise created on the street near her home. She stated that gravel
had been placed there some time ago, but the gravel has been scattered, and vehi-
cles traveling at the intersection of Naples and Norton Streets create further
noise. She also suggested that further markings be placed at that intersection.
City Manager Townsend assured Mrs. de Los Santos that the gravel will be
swept again to prevent the loose gravel from being scattered.
* * * * * * * *
City Manager Townsend reminded the Council that the Coastal Bend Council
of Governments will meet on Friday, at which time the question of office space for
the COG offices will be considered. Mr. Townsend stated that the leasing of office
space would seem to be an issue of importance to the City; the committee appointed
by COG to recommend the location of the offices has suggested that they lease
space in a building at the intersection of4adre Island Drive and Everhart Road
east of Commerce I on Corona Drive; and expressed concern since the Council has
recommended by resolution that Federal offices be located in the center core area
of the City. He also pointed out that Padre Island Drive and Everhart Road is one
of the most congested parts of the City; the agencies that COG relates to are in
the core area of the City; and the proposed location is not easily accessible to
Minutes
Regular Council Meeting
June 21, 1978
Page 14
representatives of other cities and counties in this district of COG. He summarized
by stating that he felt that the City should have a position on this recommendation
made by the COG committee.
Mayor Pro Tem Gulley indicated his agreement with the City Manager and stated
that he felt the proposed location would be a poor choice. Council Member Diaz indi-
cated his agreement also.
Council Member Gill stated that her name was signed to the committee's report,
but that she was not a part of the planning process, and stated that as President of
COG and as a Council Member, she would prefer to remain neutral on the issue.
City Manager Townsend informed the Council that he planned to be out of the
City on Friday, but he wanted to know the Council's opinion on this matter so that
City representatives could speak in regard to this at Friday's meeting.
City Manager Townsend also reminded the Council of the Consortium meeting
scheduled for Thursday, June 22, and asked Mr. Ernest Briones, Director of Planning
and Urban Development, to explain the items on the agenda for that meeting.
Mr. Briones informed the Council that the items to be considered include -
an application for skill training which must compete with other applications sub-
mitted from other agencies in the United States. He stated that it is recommended
that SER, G.I. Forum and Veterans Outreach be designated as the agencies to work
together if this application is approved in the amount of $600,000. Mr. Briones
stated that another matter to be considered is a request for additional funds in
the amount of $50,000 of Title VI funds to continue the program through September
30. He indicated that several other reports will be presented at the Consortium
meeting.
Mayor Lozano mentioned that Council Member Sample has been nominated to
serve as the next president of Region 11 of the Texas Municipal League.
* * * * * * * *
Motion by Sample that the Council go into closed session to discuss per-
sonnel matters under the authority granted by Article 6252-17, Section 2(g) of
V.A.C.S.; seconded by Diaz; and passed unanimously. The Council then went into
closed session at 4:00 p.m.
Minutes
Regular Council Meeting
June 21, 1978
Page 15
Mayor Lozano reconvened the Regular Council Meeting at 4:27 p.m.
Council Member Gill requested that the City's input for the Economic
Development Plan be discussed at a Workshop Meeting.
There being no further business to come before the Council, on motion by
Sample, seconded by Juarez, and passed unanimously, the Regular Council Meeting
was adjourned at 4:29 p.m. June 21, 1978.