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HomeMy WebLinkAboutMinutes City Council - 07/05/1978J PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample q MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 5, 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 Chambers of City Hall. The Reverend William Landers of Windsor Park Baptist Church gave the invo- cation. 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 announced that a proclamation had been issued designating July, 1978 as "TEXAS JAZZ MONTH." Mayor Lozano announced the scheduled bid openings on the following engi- neering projects: a. Renovation of the City Hall Annex. The work includes installation of a heating and air-conditioning system, suspended ceiling, insulation, rest room improvements, lighting and electrical improvements and related work. b. Demolition of the old incinerator building at Greenwood Drive near Baldwin. The contract will require the site to be cleared with the contractor keep- ing any salvage. Funds are available in the 4th year Community Development Program. City Manager R. Marvin Townsend requested that' Mr. James K. Lontos, Director of Engineering and Physical Development, conduct the bid opening. Mr. Lontos opened bids on the renovation of the City Hall Annex from the following companies: Beecroft & Williamson, Inc. and Casey & Glass, Inc., both of Corpus Christi, and stated that both companies had submitted the proper bid security checks. Mayor Lozano noted that Beecroft & Williamson, Inc. was the apparent low .bidder and stated that the bids will be tabled for 48 hours pursuant to the f + ivi►l;KaILMED SEP 03 1980 Minutes Regular Council Meeting July 5, 1978 Page 2 requirements of the City Charter and referred to the staff for tabulation and recom- mendation. Mr. Lontos then opened bids from the following companies on the Greenwood Drive Incinerator Building Demolition: Olshan Demolishing Company, Houston; Southwest-Rathgeber Company, Austin; and Federal Iron Metal Co., Inc., Corpus Christi. Mayor Lozano stated that the apparent low bidder was Southwest-Rathgeber Company, but 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 called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: (1) A public hearing be held at a Special Council Meeting at 3:30 p.m. on July 26, 1978 on the following zoning applications: (a) Mr. John Platis: "B-1" to "B-4", located on the southwest corner of South Staples Street and Carroll Lane. (b) City of Corpus Christi & Holt-Hulings Realty Company: "R -1B" to "I-2", located approximately 400' south of South Padre Island Drive, approximately 120' east of Holly Road. (2) Bids be received at 11:00 a.m., Tuesday, July 25, 1978, to replace the electrical panel which controls airfield lighting at the Airport. The existing panel is 18 years old and components for it are no longer manufactured. Maintenance problems have delayed landings. The Federal Aviation Agency's tower personnel have requested that the panel be replaced. (3) Fire hose be purchased from the following firms on the basis of low bid: SOUTHWESTERN RUBBER & PACKING, Houston, Texas 4,200 feet of 1_1g" hose CORPUS CHRISTI GASKET & PACKING, Corpus Christi 2,000 feet of 3" hose $3,9$8.41 4.305.20 Total: $8,293.61 Cost comparison indicates a decrease of 1.6% on the 11" hose and a decrease of 1.4% on the 3" hose. Bids were received from nine firms. (4) The following actions be taken in regard to the City's insurance coverage: (a) The general liability policy for the Gas Division be cancelled. The annual premium for the policy is $125,000 and has increased because the method of computing the cost was changed by the carrier from payroll to gas revenue. Excess coverage for the Gas Division has been previously cancelled. A self-insurance reserve will be established to cover liability which may arise out of operations of the gas system. Minutes Regular Council Meeting July 5, 1978 Page 3 (b) $248,206 be appropriated to cover the increased cost of general liability insurance ($139,218), group life and health insurance ($53,796), and workers compensation insurance ($55,192) during 1977-78. The increases are due to the above change in calculat- ing the cost of gas liability, an increase in the City's exper- ience modifier oin the liability insurance, a rate increase in the group life and health insurance and'an increase in the number of CETA employees covered by group life and health insur- ance and workers compensation. The additional appropriation will come from the unappropriated balance of the general fund ($80,826), contribution refunds on workers compensation ($38,845), additional contributions from CETA for insurance coverage ($78,000) and increased charges to the various City operating funds insurance ($50,535). (5) The recommendation of the Park and Recreation Board that a five-year lease be authorized with the Padre Little Misses Kickball League for 5.6 acres located on the northernmost corner of La Costa Drive and Fire Creek Drive (South Staples Landfill) for a kickball field be approved. The League will construct three fields and related parking. City Manager Townsend located the area on the map and stated that the staff felt that this would be the best location for this facility. He informed the Council that drainage for this area, location and surface of the parking, and grading of the field will have to be worked out. Mr. Townsend stated that the staff will work with representatives of the Kickball League to solve these problems. Council Member Diaz inquired if this is the location requested by the Kickball League, and City Manager Townsend replied that at one time the League requested this location; later they requested that the field be located in the park in Gardendale; but the park in Gardendale is the only one serving that area for park use; therefore, it is recommended that the field be located on the South Staples Landfill. * (6) The cost of untreated water for the contract year ending June 1, 1978 be determined to be $.10 per 1,000 gallons. Water supply contracts with the Alice Water Authority, San Patricio Municipal Water District and the City of Mathis provide that the price charged by Corpus Christi shall be the published untreated water rate ($.11) or actual cost, whichever is less. The contract formula for determining cost does not clearly set forth the procedure for including Choke Canyon costs since the project had not been initiated when the Alice and San Patricio contracts were approved. Both districts have agreed to recognize 3.821 of Choke Canyon costs in the total cost calculation of 9.910 or $.10. The contracts require actual cost to be based on prior year's expenditures. The published rate is based on current year estimates. The $.10 cost will be effective June 1, 1978. City Manager Townsend explained that the City of Corpus Christi has contracts with the City of Alice, the City of Mathis, and the San Patricio Municipal Water District to sell raw water. He stated that the raw water contracts were prepared without knowledge of the method to be used for financing the Choke Canyon project; *This item was withdrawn - see Page 4. Minutes Regular Council Meeting July 5, 1978 Page 4 the staff has calculated the cost and determined that the raw water rates should be raised to 11C; the City of Alice has agreed to this cost; but San Patricio Municipal Water District has agreed to only the lop rate; therefore, the staff feels it is reasonable to levy the same charge for all entities purchasing raw water. City Manager Townsend informed the Council that the contract with San Patricio will expire in approximately 15 years, at which time the contract will be renegotiated and the problem can be worked out at that time. Mayor Lozano questioned San Patricio Municipal Water District's refusal to pay the 11C charge, if that is the actual cost. City Manager Townsend agreed to withdraw this item in order to allow time to present the matter again to San Patricio Municipal Water District in an effort to persuade them to agree to the 110 charge. He pointed out that there is a need to approve this item as soon as possible, because the new rate should be effective June 1, 1978. (7) A hearing be held at 2:00 p.m. during the Regular Council Meeting on August 9, 1978 on the appeal of the developers of Solar Estates Unit 5 from the decision of the Planning Commission requiring a park dedi- cation. The subdivision is located between I.H. 37 and Leopard Street east of Rand Morgan Road. In regard to this matter, City Manager Townsend explained that Mr. Charles Cartwright, representing the developers, has requested this hearing on an appeal from the decision of the Planning Commission which denied the waiver for park dedi- cation. Council Member Diaz stated that he hoped that everybody concerned is aware of this hearing. City Manager Townsend informed him that there is no way to notify people of the hearing; publication is not required; but it would be appropriate to ask either the Planning Commission or the Park Board to comment on this matter. Several Council Members indicated their concurrence with this suggestion, and City Manager Townsend stated that he will ask both the Park Board and the Planning Commission to provide comments before the hearing. (8) A public hearing be held at 2:00 p.m. during the Regular Council Meeting on July 19, 1978 on the contractual annexation of Castle River Unit II, Club Estates South and Club Estates Unit III subdivi- sions. Castle River Unit II is located adjacent to Unit I north of McKinzie Road. The Club Estates subdivisions are located east of Everhart and south of Snowgoose Road. Minutes Regular Council Meeting July 5, 1978 Page 5 City Manager Townsend explained that these subdivisions have been under development for some time; the properties should have been annexed prior to December 31, 1977; one portion has already been rezoned for business; the appli- cants have made no effort to annex the subdivisions; and it is felt that if the property is not annexed shortly, the City will have no alternative but to inform the developer that the sewers will be plugged and other City services will be discontinued. Mr. Townsend further informed the Council that the developers pre- viously agreed to annex by contract; they made application for sewer and water service; and the lots are being sold. City Manager Townsend stated that the critical time for annexation is January 1 in order to have the property on the tax rolls; therefore, it is suggested that the public hearing be held and the contracts be presented to the applicants prior to December 31, 1978 in order to expedite the process of paper work that is necessary for annexation. (9) $1,200 be appropriated for materials to be used by the 1978 Youth Conservation Corps program to construct a walkway with benches and fish cleaning stands at the back of the seawall at Swantner Park. The youth will not be able to work in Los Encinos Park as originally planned because negotiations for park acquisition have not been com- pleted. The Youth Conservation Corps is also constructing inter- pretive trails in South Guth Park. City Manager Townsend informed the Council that appraisal for the land required for Los Encinos Park has been received, and contacts are being made with the owners of the land at this time. Mayor Lozano called for comments from the Council on the City Manager's Reports. Council Member Gill referred to Item (4) (a) in which it is recommended that the liability policy for the Gas Division be cancelled and inquired as to what will occur if a claim is made and the City is not covered by insurance. City Manager Townsend replied that if this occurred, the City would be liable to pay such a claim. He explained that the self-insurance reserve will be established to cover any liability which may arise out of operations of the gas system, but until this reserve is established, the City will not have very much insurance. Council Member Holt noted that the premium for the past year was $30,000; the annual premium for the policy has been increased to $125,000; and the claims Minutes Regular Council Meeting July 5, 1978 Page 6 for a five-year period only total $749. Mayor Lozano expressed the opinion that if there were a very large claim, it would be in litigation for several years, which would afford the City time to accumulate funds for self-insurance. City Manager Townsend stated that he is recommending this item, but he does want the Council to be aware of the risk involved and that the General Fund would have to bear the cost of any claims until the'insurance fund is established. Mayor Lozano called for comments from the audience in regard to the City' Manager's Reports. Mr. John Stensland, 337 Primrose, referred to Item (4) and questioned the statement that the insurance company has changed its method of computing its rates. He indicated that it was his understanding that the State Board of Insurance con- trols the rates. City Manager Townsend stated that this premise is correct, but he feels that this method has the approval of the Insurance Board. He also assured Mr. Stensland that the staff has attempted to obtain insurance from several sources. Mr. Stensland inquired if the City should have a judgment against it for a claim for several million dollars, would the bond sale interest rates be affected. City Manager Townsend stated that any large debt would undoubtedly affect the City's bond sales. Motion by Sample that the City Manager's Reports, Items (1) through (9), with the exception of Item (6) which was withdrawn, be accepted; seconded by Holt; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. Council Member Diaz referred to the Resolution listed as Item "g" in regard to the percentage of assessment and inquired if the resolution should not be more explicit. City Manager Townsend replied that the resolution is exactly as submitted by the Council during the morning Workshop Meeting and is not recommended by the staff. Council Member Gill inquired if it is possible to vote in favor of one por- tion of an ordinance and against another portion. Minutes Regular Council Meeting July 5, 1978 Page 7 City Manager Townsend explained that one must vote either for or against an ordinance, but it would be possible to specify the portion that you are in favor of. There were no comments from the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID PADRE LITTLE MISSES KICKBALL LEAGUE 5.6 ACRES OF LAND LOCATED ON THE NORTHMOST CORNER OF LA COSTA DRIVE AND FIRE CREEK DRIVE, OWNED BY THE CITY, FOR THE PURPOSES OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample present and voting "Aye". SECOND READING: ADOPTING SUPPLEMENT NO. 2 TO THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ADOPTING AND READOPTING ORDINANCE NOS. 13121 AND 13655; INSTRUCTING THE CITY SECRETARY TO PROPERLY FILE THIS SUPPLEMENT; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample present and voting "Aye". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-253, SCHEDULE IV --STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO AN ITEM SO AS TO PROHIBIT STOPPING, STANDING OR PARKING ON BUFFALO STREET, THE SOUTH SIDE, BETWEEN CARRIZO STREET AND TANCAHUA STREET BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M.; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample present and voting "Aye". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING TO CHAPTER 36 A NEW ARTICLE, ARTICLE III, BAYFRONT PLAZA AUDITORIUM, PROVIDING FOR RENTAL CHARGES AND REGULATIONS; AND AUTHORIZING THE CONVENTION CENTER MANAGER TO EXECUTE LEASE AGREEMENTS FOR THE RENTAL OF THE BAYFRONT PLAZA AUDITORIUM AND ASSOCIATED FACILITIES. The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample present and voting "Aye". Minutes Regular Council Meeting July 5, 1978 Page 8 ORDINANCE NO. 14372: APPROPRIATING OUT OF THE NO. 113 INSURANCE FUND ADDITIONAL PREMIUM REFUNDS IN THE AMOUNT OF $38,845, ADDITIONAL FEDERAL AND STATE GRANT FUND CONTRIBUTIONS IN THE AMOUNT OF $78,000 AND VARIOUS INCREASED USER FUND CHARGES AS MORE ADEQUATELY DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, IN THE AMOUNT OF $131,361, FOR THE PURPOSE OF PAYING $248,206 OF INCREASED INSURANCE PREMIUMS IN THE 1977-78 FISCAL YEAR, THE INCREASED INSURANCE PREMIUMS BEING IDENTIFIED AS FOLLOWS: GENERAL LIABILITY INSURANCE - $139,218; GROUP LIFE AND HEALTH INSURANCE - $53,796; WORKMEN'S COMPENSATION INSURANCE - $55,192; TOTAL - $248,206; 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 present and voting "Aye". ORDINANCE NO. 14373: APPROPRIATING THE SUM OF $80,826 OUT OF THE 102 GENERAL FUNDS UNAPPROPRIATED FUND BALANCE FOR THE PURPOSE OF TRANSFERRING TO THE 113 - INSURANCE FUND FOR INCREASED GENERAL LIABILITY INSURANCE COSTS; 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 present and voting "Aye". RESOLUTION NO. 14374: LOWERING THE PERCENTAGE OF ASSESSMENT FROM SIXTY PERCENT (60%) OF MARKET VALUE OF PROPERTY TO FIFTY PERCENT (50%) OF MARKET VALUE OF PROPERTY, THE RESULT OF WHICH WILL DECREASE THE TAXPAYERS' CURRENT VALUATION BY 16.67.; THAT THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI BRING FORTH THE BUDGET FOR THE 1978-1979 FISCAL YEAR WITH A TOTAL OF NO MORE THAN A 10.3% INCREASE OVER THE BUDGET FOR THE 1977-1978 FISCAL YEAR; AND THAT THE HOMESTEAD EXEMPTION FOR PERSONS OVER SIXTY-FIVE (65) YEARS OF AGE BE INCREASED FROM SIX THOUSAND DOLLARS ($6,000.00) TO EIGHT THOUSAND, TWO HUNDRED DOLLARS ($8,200.00), AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and Sample voting "Aye"; Gill voting "Nay" but qualifying her negative vote by stating that she feels that Section 1 contains some very vague statements; the last phrase of Section 2 is not understandable; she is in favor of Section 3; and is opposed to Section 4. ORDINANCE NO. 14375: APPROPRIATING OUT OF THE NO. 291 PARK BOND FUND THE SUM OF $1,200 FROM PROJECT NO. 291-72-6, BAYFRONT PARKS, FOR FUTURE REIMBURSEMENT TO FUND NO. 102, ACTIVITY 4122- 604 FOR WORK DONE BY CITY FORCES ON THE 1978 YOUTH CONSERVATION CORPS NONRESIDENT PROJECT; CANCELLING ORDINANCE NO. 14276, APPROVED BY THE CITY COUNCIL ON APRIL 19, 1978, 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". Minutes Regular Council Meeting July 5, 1978 Page 9 Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, addressed the Council in regard to smoking in the Council Chamber during Council Meetings. He stated that he had spent several weeks contacting various governmental entities and had ascertained that most entities prohibit smoking during their public meetings. Mr. Rosen- stein then read a prepared statement listing statistics in regard to carbon monoxide that is emitted by smokers and enumerating the dangers and health hazards created for non-smokers by smokers. He summarized by .suggesting that smoking be prohibited during Council meetings to enable citizens who are non- smokers to safely attend the meetings. Council Member Gill thanked Mr. Rosenstein for his presentation. Mayor Lozano stated that although he does not smoke, he expressed the feeling that everybody has certain rights, including smokers, but if the Council desires to pass such an ordinance, then this can be done. Council Member Gill requested that this matter be placed on the agenda as a discussion item next week. Mayor Pro Tem Gulley requested that the matter not be placed on the agenda. Council Member Diaz stated that he has no comment on the subject. Council Member Sample expressed the opinion that if Mrs. Gill would like to discuss the matter, there is no harm in having it on the agenda as a discussion item. Mayor Lozano agreed and asked City Manager Townsend to place it on the agenda next week. Mr. Gregory Combs, 538 South Tancahua, Attorney presented a petition con- taining 427 signatures on behalf of his client, Mr. Martin Adams, Jr., the owner of the Adult Book Store. Mr. Combs stated that the petition calls to the attention of the Council the continuing efforts of the Corpus Christi Police Department to interfere with individual liberties and the freedom of assembly, association, press and speech embodied in the Constitution of the United States, through such Police Department's capricious actions in regard to adult entertainment. Mr. Combs Minutes Regular Council Meeting July 5, 1978 Page 10 stated that the operators of adult entertainment establishments objected to the arbitrary and capricious acts of the Police Department in suppressing adult enter- tainment. City Manager Townsend inquired if the petition contained a statement in regard to the arbitrary and capricious acts referred to. City Secretary Read replied that the petition is very general. City Manager Townsend agreed that the Police Department should not be involved in arbitrary and capricious acts and asked Mr. Combs for specific examples. Mr. Combs informed him that the Police Department officers are now banning magazines that they previously did not ban. City Manager Townsend stated that the City has always enforced these parti- cular laws; the Police Department does not invest the time to enforce the laws on a daily basis; but this practice has continued for some time. Council Member Sample asked Mr. Combs to be more specific and informed him that if the Police Department is not properly enforcing the law, then the Council should know about it. Mr. Combs stated that he felt that equal application all over the City should be the practice, indicating that it was his understanding that sometimes the police officers enter an establishment and do not ban any magazines and later come into the establishment and take action to ban the same magazines that are for sale. City Manager Townsend assured Mr. Combs that the matter will be discussed with the Police Department. 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, referred to his previous presentations on behalf of the 1,000 members who are employees of the City of Corpus Christi. Mr. Zepeda reminded the Council that he had also discussed the dependent coverage for City employees. He stated that employees had been notified that dependent coverage for insurance would be increased 16% beginning in July, and they were very dis- tressed, pointing out that many employees must obtain second jobs to pay this insurance. • Minutes Regular Council Meeting July 5, 1978 Page 11 Council Member Gill asked Mr, Zepeda for his opinion as to whether employees felt that they would benefit more by being able to retain this dependent coverage or by receiving a cost of living increase. Mr. Zepeda indicated that the employees he represents wanted both. Mr. Archie N. Walker, Assistant City Manager, informed the Council that the employees he had talked with have indicated that they would like to have a salary increase, but at the same time, they would like to have an improved insurance package with the City paying more of the cost. Council Member Diaz inquired about the preference of employees who have no children. City Manager Townsend explained that the City's insurance policy offers employees the opportunity to take advantage of dependent coverage or not to carry the dependent coverage, and the coverage is for the spouse of the employee or for entire families. Speaking on another matter was Mrs. Barbara May, 2215 Ayers, in regard to property she and her husband own at the intersection of Green Bay Drive and Matlock Street. She stated that they are in the process of developing the area to provide boat barns and storage, and because of vandalism on their property, they have found it necessary to construct a small house for a watchman. She stated that in order to do this, the City requires that they pay for a connection to the City sewer system at a cost of $3,600, which she feels is excessive just to serve one small house. City Manager Townsend provided background information on this matter and stated that this has been before the Council before. He displayed a map of the area with the frontage marked and stated that Mr. and Mrs. May own three lots which are vacant land; the property was zoned "T -I" for a mobile home park at one time; it was recently rezoned "I-2"; Mr. and Mrs. May agreed to that rezoning; a sewer line was laid down Matlock Street; and the ordinance provides that when a sewer line is available, all property owners must pay a charge of $5.00 a front foot to connect to the line. Mr. Townsend reminded the Council that this current charge was recently increased from $2.00 a front foot, and the $5.00 charge is in Minutes Regular Council Meeting July 5, 1978 Page 12 effect six months after the line has been ]aid. City Manager Townsend pointed out that the plumbing code prohibits the use of a septic tank in areas where sewer service is available, and these regulations apply to the property owned by the May's even though they only plan to construct a caretaker's house at this time. City Manager Townsend explained that Mr. and Mrs. May have requested that they be allowed to pay $1,000 at this time, with the balance of the charge to be paid at the time the property is platted. He stated that the owners could arrange to pay the $3,600 charge over a period of time. Mr. Townsend also informed the Council that the City has offered to purchase a portion of the land owned by the May's as a part of their plan to acquire land in the vicinity of the Naval Air Station. He stated that the AICUZ Study of the Naval Air Station recommends that this land be acquired by the Navy, but this is not a recommendation of the Navy but instead is a recommendation of the consulting firm that prepared the study. City Manager Townsend explained that this matter has been discussed by the staff, and they feel that there is no alternative because if an exception is made in this case, a precedent will be established. Assistant City Manager Walker pointed out that the sewer line has improved the value of the property, and if the City or the Navy eventually purchases the land, the price would be based on improved property, thus the May's would be reimbursed for the amount paid for the connection to the sewer line. Council Member Holt asked Mrs. May if she feels that the property had been improved in the amount of $3,600 because there is a sewer line. Mrs. May indicated that she did not, and stated that if the caretaker's house was not necessary, they would construct the boat barns without tying on to the sewer line and water would not be required. Mayor Pro Tem Gulley asked Mrs. May if she did not think the caretaker's house was necessary when the boat barns have been constructed and pointed out that in order to have a caretaker's house, they must connect to the sewer line. Mr. Gulley then explained that the procedure requires the payment of the front foot charge and stated that he feels that the charge is justified. Council Member Holt inquired if it would be possible to spot zone that corner. Mme, utes Regular CouncL,l Meet3,ng July 5, 1978 Page 13 City Manager Townsend explained that this is not a zoning problem but is a plat problem, and it is not possible to replat only a portion of a plat. Assistant City Manager Walker pointed out that if replatting occurs, then there are even more requirements that must be met. Council Member Sample noted that it is unfortunate that the property owner did not take advantage of the six-month period during which the front foot charge would'have been only $2.00 rather than $5.00. Mayor Lozano informed Mrs. May that she could arrange to pay the charge over a 60 -month period. Mrs. May thanked the Council for their time. Ms. Martha Bullajian, 817 South Port, appeared before the Council and stated that it was her understanding that improvements to Port Avenue would be discussed during the meeting. Council Member Diaz explained that this was a discussion item scheduled for the morning Workshop Meeting and informed Ms. Bullajian that the Council had not had time to discuss it. He suggested that this be discussed next Wednesday. City Secretary reminded the Council that a joint meeting with the County Commissioners has been set for July 12. City Manager Townsend ascertained that Ms. Bullajian is in opposition to the Port Avenue improvements and suggested that the matter could be discussed at this time. He stated that the issue involved is that the staff is recommending that head -in parking be eliminated on Port Avenue; the concrete median will be removed; if sidewalks are not inexistence, they should be installed; five blocks are involved; a total of 181 parking spaces are now in existence; only 37% of these spaces are being used; conversion to parallel parking will provide only 38 parking spaces less; and removal of the concrete median will provide a wider thoroughfare which will be safer.. Mr. Townsend then displayed a map of the area with the proposed changes. Ms. Bullajian stated that her family owns Dick's Grocery Store at 817 South Port and contended that if head -in parking is eliminated, there will only be two parking spaces in front of the store, and their business would be damaged if no parking is available for their customers, • kMinutes - Regular Council Meeting ' July 5, 1978 Page 14 Council Member Holt stated that he has a store downtown which has no park- ing in front of it, and his business has increased rather than decreased. He also expressed the opinion that parallel parking would be much safer than head -in park- ing. Council Member Diaz stated that his office is located on this portion of the street and he preferred not to comment on the subject. Ms. Mary Helen Bullajian also spoke in opposition to the elimination of head -in parking in front of their store, pointing out that their business would be harmed a great deal if parking is not available. She also stated that a Mr. Sokora who was present in the audience also owns a business in the same black as their grocery store, and his business would also be adversely affected by the elimination of the head -in parking. Council Member Holt explained that the Council must consider what is best for the majority of the citizens, and it is felt that the planned improvements to Port Avenue would benefit most of the citizens. City Manager Townsend stated that this matter is only on the agenda as a discussion item; no action will be taken on the matter today; and informed Ms. Bullajian that this will be discussed further. Mr. Ruben Lerma, Executive Director of the Coastal Bend Business and Industrial Development, Inc., spoke at this time and expressed his appreciation to the Council for the personnel assigned to his office through the CETA program. He stated that one CETA employee has been incorporated into their office as a permanent employee and two others have obtained permanent employment elsewhere following their training in his office. Mr. Lerma spoke very highly of the program. City Manager Townsend stated that there is a possibility that the CETA program will not be funded in the future by the Federal Government and suggested that Mr. Lerma write letters in support of the CETA program to the area Congress- men. Mr. Lerma agreed and stated that he planned to do so. * * * * * * * * Mayor Pro Tem Gulley suggested that a definite time be set for considera- tion of board appointments next week. Minutes Regular Council Meeting July 5, 1978 Page 15 Council Member Gill agreed and requested that Board and Committee appoint- ments be the first item on the agenda. She stated that she would like to have another alternate appointed for herself for the Coastal Bend Council of Governments. Council Member Diaz stated that he, too, would like to appoint another alternate for himself next week. City Manager Townsend stated that if Council agreed, he would like to dis- cuss the matter of the Calallen Interceptor Sewer 34-A, Section 3 and presented the Council with copies of an analysis of the project costs. Mr. Lontos explained that the project had started in 1974 and explained the problem with the portion of the line that had been rebuilt on the south side of the road. City 'Manager Townsend explained the many difficulties that had ensued fol- lowing the completion of the original contract and stated that the City has not accepted the newest portion of the line on which the problems had been encountered and have had to truck sewage from the area for some time. He stated that after numerous meetings between the City staff, the contractor and the engineering firm, it had been determined that it would be advisable to settle the matter and accept the line so that sewer service can be provided for the residents in the area. City Manager Townsend stated that the contractor has agreed ,o complete the project if an additional payment of $146,268.30 is made; the City staff has agreed to waive liquidated damages in the amount of $44,500 and perform the neces- sary street work with City crews, and this settlement will require a change order in the additive amount of $90,363.80. Council Member Gill inquired if the City would adopt different procedures in their plans in the future to avoid such problems as have occurred on this pro- ject. Mr. Lontos replied that more extensive testing and more detailed plans will be prepared in the future. City Manager Townsend assured the Council that unusual conditions had existed on this project, and stated that the project was designed by one of the Minutes Regular Council Meeting July 5, 1978 Page 16 most reputable engineering firms in the City, and the City has never encountered problems on any projects designed by them before. Motion by Holt that in connection with the Interceptor Sewer 34-A Section 3 project, a change order in the amount of $90,363.80 be approved, and in addition, the City assume the charge for liquidated damages and perform the street repair work with City Street Division crews; seconded by Juarez; and passed unanimously. City Manager Townsend stated that the ordinance authorizing the additional appropriation for Change Order No. 5 will be on the agenda next week. * * * * * * * * Motion by Gulley that the Council go into closed session to discuss pend- ing litigation and personnel matters in compliance with Article 6252-17, Section 2, of V.A.C.S.; seconded by Holt; and passed unanimously. The Council went into closed session at 4:55 p.m. * * * * * * * * Mayor Lozano reconvened the Regular Council Meeting at 5:20 p.m. City Manager Townsend presented the Council with a memorandum concerning the Tourist Bureau. There being no further business to come before the Council, on motion by Diaz, seconded by Gulley, and passed unanimously, the Regular Council Meeting was adjourned at 5:23 p.m. July 5, 1978. I, GABE LOZANO, SR., Mayor of the City of Corpus Christi, Texas, certify that the foregoing minutes, same being for the period of July 5, 1978 through July 26, 1978, inclusive,;and having been previously approved by Council action, are by me hereby approved, as itemized. G E LOZ C ty of 7/05/78 - Regular Meeting 7/12/78 - Regular Meeting 7/12/78 - Special Meeting 7/19/78 - Regular Meeting 7/26/78 - Regular Meeting 7/26/78 - Special Meeting MICROFILMED SEP 03 1980 , Mayor Christi, Texas