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HomeMy WebLinkAboutMinutes City Council - 09/13/1978PRESENT: 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 SEPTEMBER 13, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Pro Tem Bob Gulley called the meeting to order in the Council Cham- bers in the absence of Mayor Gabe Lozano, Sr. Council Member Edward L. Sample gave the invocation. Acting City Secretary Dorothy Zahn called the roll of required Charter Officers, noting that City Secretary Bill G. Read was out of the City on business, and stated that the necessary quorum was present to conduct a legally constituted meeting. Motion by Diaz that Mayor Lozano, who was also out of the City on business, be excused for just cause; seconded by Sample; and passed unanimously. *Council Member Ruth Gill arrived at the meeting at 2:10 p.m. Mayor Pro Tem Gulley announced that a proclamation had been issued desig- nating September 17-23, 1978 as "CONSTITUTION WEEK" and read a portion of the proclamation which was written by a member of the Daughters of the American Revolution. Motion by Juarez that the Minutes of the Regular Council Meetings of August 16, 1978; August 23, 1978 and August 30, 1978 be approved as presented; seconded by Sample; and passed unanimously. * * * * * * * * Mayor Pro Tem Gulley recognized Mr. Bill Sweetland, who made a presenta- tion regarding certain requested improvements in the 400 Block of Peoples Street. Mr. Sweetland referred to his request previously submitted to the City Council to approve the concept of a venture to provide $10,000 in funds for various improvements in the 400 Block of Peoples Street. Mr. Sweetland described the pro- posed improvements and indicated that his plans called for this block to be closed Minutes Regular Council Meeting September 13, 1978 Page 2 to vehicular traffic during certain hours of each weekend so that the area could be utilized as a park -type market square; the proposed activities to be conducted in this area during those periods would include live entertainment, dances, stage shows, art exhibits, crafts fairs, flea markets, etc., to be conducted at no charge to the public and subject to the approval of the City. Mr. Sweetland pointed out that his request had recommended that such a project be conducted for a 12 -month period, following which the program could be judged on the extent the area is used i by citizens; its effect in the art community; the number of new businesses that are generated; the number of new jobs created; and the overall effect in revitalizing the downtown area. Mr. Sweetland presented the Council with copies of an amendment to his original proposal by which a schedule of fees would be established for the use of various spaces on the street by artists, exhibitors, vendors, etc. He stated that his original request had been that the $10,000 would emanate from the parking -meter fund and suggested that the establishment of the fees could be placed in a fund to repay the City the $10,000, provide for general maintenance of the market area, improvements to the area, and all excess monies accumulated in this fund be made available to any non-profit entity to establish a public aquarium for Corpus Christi. Mr. Sweetland then presented the Council with a copy of his projection of the amount of income that would be generated through the fees established for use of various spaces on the street on weekends. Mr. Sweetland displayed slides of the 400 Block of Peoples Street where he had been instrumental in renovating one of the old, unoccupied buildings for the establishment of a number of small shops and restaurants. He stated that the slides had been taken during the lunch hour and pointed out the increased activity in the area, noting that the flow of traffic to the Peoples Street area from hotels and office buildings on the Bluff had created new interest in the downtown area. Mr. Sweetland further pointed out that the type of market place which he proposes is exactly the type of project recommended for the downtown area as a result of the Sasaki -Walker Report and the Visitors Housing Study. Mr. Sweetland stated that as a part of his plan, he proposed the use of inexpensive, sail -type awnings that could be quickly installed to cover the street Minutes Regular Council Meeting September 13, 1978 Page 3 to provide shade and which would be visually attractive. Mr. Sweetland informed the Council that he had discussed his plans with the Central Business District Association, and this organization had endorsed the con- cept. Mr. Sweetland then referred to the parking in the downtown area and con- tended that the attempts being made to create additional parking facilities in the area are temporary measures only. He referred to the fact that a few weeks ago, the City Council had approved an expenditure of $5,000 for curbs, gutters and sidewalks in connection with the current improvements being made by Corpus Christi National Bank and indicated that he was opposed to such expenditure of public funds for this purpose. City Manager Townsend stated that the Council has not approved the expen- diture of funds from the parking meter fund. He further informed Mr. Sweetland that four projects are in various stages of development which could be partly funded from this fund including the following: a parking area on the second story of the bank with installation of parking meters for that area and partici- pation of curb, gutter and sidewalks at that intersection; improvements to Carancahua Street, from Buffalo and Antelope Streets; Mr. Sweetland's request for Peoples Street improvements; and a possible plan to provide additional parking following the possible demolition of the Amusu Building or some other location. He assured Mr. Sweetland that none of these expenditures have been approved by the Council at this time. Council Member Sample referred to Mr. Sweetland's plan to repay the City the $10,000 requested and inquired as to how he proposed to collect the fees. Mr. Sweetland replied that the fees could be collected through vendors' licenses, noting that this is done in Austin. He reiterated that he is just requesting that $10,000 be set aside until his plans can be properly worked out according to City regulations. Mayor Pro Tem Gulley explained to Mr. Sweetland that his idea is an unusual one which needs to be studied by the staff before the Council can approve it or even consider it. Minutes Regular Council Meeting September 13, 1978 Page 4 Mr. Sweetland reiterated that he just wanted the Council to designate the $10,000 from the parking meter fund for his project before all of those funds are expended. City Manager Townsend assured him that the parking meter funds will be used for improved parking and downtown improvements, and none of the funds will be used as a' part of the general fund. Council Member Holt suggested that Mr. Sweetland might obtain funding from the private sector. Mr. Sweetland expressed the opinion that the project would have to be handled through the City. Council Member Diaz stated that he endorsed the concept of the project, but he did not know how it could be funded. Mr. Sweetland earlier had mentioned the possibility of acquiring the Amusu Building for additional use as a part of the Peoples Alley project, and City Manager Townsend asked him to inform the Council about the status ,of his proposed acquisition of that building. Mr. Sweetland replied that he is dis- cussing the possibility of acquiring an additional building with several owners of downtown buildings, one of which is the Amusu Building. City Manager Townsend informed him that the Amusu Building is substandard; it could not be used for a business building; and the City has plans to acquire the building and to demolish it. He suggested that Mr. Sweetland work with Mr. Ernest Briones, Director of Planning and Urban Development, in regard to this matter. Council Member Gill indicated that she is in favor of the project pro- posed by Mr. Sweetland and requested a report from the staff in regard to the matter as soon as possible. Council Member Diaz suggested to Mr. Sweetland that he contact City staff members to finalize his plans in cooperation with them. Council Member Sample expressed appreciation for the improvements Mr. Sweetland has already accomplished on Peoples Street, but stated that the Council cannot designate funds for the further improvements until they have more details of his plans. City Manager Townsend pointed out that the Council cannot legally act on the matter today because the item was not posted as anything except a presentation. Mr. Sweetland questioned whether the staff would do anything on the project or ever recommend it. Minutes Regular Council Meeting September 13,` 1978 Page 5 Speaking on behalf of Mr. Sweetland's project was Mr. Phillip Hall, a member of the Central Business District Association, who stated that they endorse the proposed 'project and suggested that CBDA be included in any future discussions of the expenditure of the parking meter fund. Mr. Hall also asked that he be noti- fied when Mr. Sweetland's project is discussed again. * * * * * * * * Mayor Pro Tem Gulley called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: a. A public hearing be held at 3:30 p.m. during the Regular Council Meeting on October 11, 1978 on the following zoning cases: (1) CC Tortilla Factory, Inc.: "R -1B" & "B-4" to "I-2", located on the southwest corner of South Port Avenue and San Jacinto Drive. (2) B.R.M. Enterprises: "R -1B" to "I-2", located on the north side of Leopard Street, approximately 250 feet west of Clarkwood Road. (3) D & P Partnership: "FR" & "B-4" to "I-2", located on the south side of Leopard Street, approximately 450 feet east of Main Drive. (4) City of Corpus Christi: "A-1" to "R -1B", located between IH 37 and Stonewall Boulevard, northwest of Harper's Ferry Street. b. A public hearing be held at 3:30 p.m. during the Regular Council Meeting on October 18, 1978 on the following zoning cases: (1) City of Corpus Christi: "A-1" & B-4" to "B-3", located on the northwest corner of Weber Road and Saratoga Boulevard. (2) Mr. J. C. Byles & Mr. Floyd Jaeger: "R -1B" to "B-1", located on the north side of McArdle Road, approximately 120 feet east of Lum Avenue. (3) Anglo Iron & Metal Company of San Juan: "R -1B" to "I-3", located on the northwest corner of Industrial Road and Flores Street. (4) Text Amendment to Zoning Ordinance, Article 31, Newly Annexed Territory, Section 31-5, by adding thereto one new subsection to be numbered 31-5.20 to pre -zone one tract of land to "I-2" Light Industrial District prior to annexation, located on the southwest corner of Chapman Ranch Road (S.H. #286) and Saratoga Boulevard (S.H. #357). c. 270,470 gallons of Diesel Fuel #2 be purchased from Crystal Petroleum Company for $115,822.91 instead of from Texaco, Inc. for $117,822.82 as approved on August 23, 1978. In tabulating the bids, an error was made on Crystal's showing it to be $133,882.65 not $115,822.91. * d. Three year contract for operations of the abandoned car pound be awarded to the highest bidder, Mr. Richard Hinojosa, who will pay the City $36 per vehicle at the abandoned pound for an estimated annual revenhe of $28,008. The contractor will receive a towing fee of $25, a storage fee of $2 per day on vehicles reclaimed, and the proceeds from unclaimed vehicles sold at the abandoned car pound. The abandoned pound will be located on O'Neal Road off Saratoga and Old Brownsville Roads outside the City limits. Mr. Hinojosa has previously had both car pound contracts. Bids were received from four firms. Under the current contract, the abandoned car pound contractor pays the City $10 per vehicle impounded. The towing fee under the current contract is $10 for a normal tow and up to an additional $10 if labor must be performed not included in a normal tow. The storage fee under the current contract is $1 per day. * Note: This item was tabled later in the meeting - see Page 14. Minutes Regular Council Meeting September 13, 1978 Page 6 * e. A 18 -month contract for operation of the Massey Street car pound with an 18 month renewal option be awarded to the present contractor, J & R Wrecker Service, the highest bidder who will pay the City 25% of gross revenue from the operation of the pound for an estimated annual income of $39,864 per year. The contractor will receive a towing charge of $25 and a storage fee of $2 per day on vehicles in storage. Bids were received from six firms. The towing fee under the present contract is $10 for a normal tow and up to an additional $10 if labor must be performed which is not included in a normal tow. The storage fee under the present contract is $1 per day. f. The fees which a vehicle owner must pay to reclaim a vehicle from the City car pound be increased from $10 for a normal tow and an additional $10 if extra labor must be performed to a flat fee of $25 and the storage fee from $1 per day to $2 per day. These fees will be consistent with those provided for police dispatched wreckers except that charges for extra labor will not be allowed. These fees were also specified in bidding documents for proposals recently received for car pound contracts. City Manager Townsend stated that the three preceding items are related and explained the different reasons abandoned cars are picked up; the procedure by which they are stored in the short-term car pound located on Massey Street; and that vehicles that have been abandoned are stored at a long-term car pound at the location of the bidder's choice. He stated that the staff recommends that the operation of the abandoned car pound be awarded to Mr. Richard Hinojosa and that the contract for the short-term car pound be awarded to the current contrac- tor, J & R Wrecker Service. Mr. Townsend stated that lir. Hinojosa plans to store the vehicles at a location on O'Neal Road off Saratoga and Old Brownsville Roads outside the City limits. In regard to Item "f", City Manager Townsend noted that the proposed fee increase would be in compliance with the fees charged by the rotating wrecker services. In reference to the manner the rotating wrecker service is conducted, Council Member Diaz referred to an accident that had recently occurred in which five vehicles were involved. He stated that he had been told that although several wrecker service vehicles were available at the scene of the accident, since they were not on call, the only wrecker service allowed to remove the vehicles was the company that was on call. Mr. Diaz indicated that he felt that this caused an unnecessary delay in the removal of vehicles. City Manager Townsend assured Mr. Diaz that this is not the proper pro- cedure and if -he could supply the date, time and location of the accident, the This item was tabled later in the meeting - see Page 14. Minutes Regular Council Meeting September 13, 1978 Page 7 staff would be glad to investigate the incident and correct this type of situation that may occur in the future. g. Plans and specifications be approved and bids be received on October 11, 1978 for Ella Barnes Street Improvements, Unit II, Phase "A" and "B". Phase "A" includes reconstruction of 1.8 miles and Phase "B" 1.65 miles of street with drainage, curb and gutter, sidewalks and utility improvements where needed. The streets involved are voluntary paving streets included in the 1977 bond program and 3rd year of the Community Development Program. The streets included are: Phase "A" (1) Bruce Street from Hibiscus to Elgin (2) Buford from Port to Highland (3) Elgin from Buford to Morgan (4) Hibiscus from Highland to Bruce (5) Sabinas and Verbena from Highland to Morgan Phase "B" (1) Agarito from Elgin to Baldwin (2) Bright and Verbena from Reyna to Morgan (3) Elgin and Sabinas from Morgan to Baldwin (4) Reyna from Greenwood to H.E.B. Shopping Center h. The Casa Blanca, La Arboleda, & High Terrace Area Street Improvements Project - Phase A be accepted as completed and final payment of $57,780.75 for a,total of $320,312.50 be made to Asphalt Maintenance Co., Inc. This 2.25 mile street reconstruction project is a 1972 street bond and 3rd year Community Development project. It is further recommended: (1) The contractor be granted a 35 day time extension due to unanticipated delays caused by City sewer system problems and that the contractor be charged 9 days liquidated damages at $100 a day. The contract overrun was 44 days. (2) The final assessment roll for the project be adopted providing for 231 items and a total assessment of $113,854.88. This is $5,641.92 more than the original assessment roll. The increase is due mainly to driveway changes requested in the field by abutting property owners. i, The City pay $28,794.65 to Tucker Properties, developer of Club Estates Subdivision, Unit 3, for one half the costs for constructing street improvements around the dedicated park in the subdivision located east of Everhart Road abutting Snowgoose Road as required by the Platting Ordinance. j• The recommendation of the Traffic Safety Advisory Board be approved that the speed limit on Saratoga Blvd. be reduced from 55 mph to 45 mph from 300 feet west of Weber Road to 300 feet east of Everhart Road, and to 50 mph from 300 feet east of Everhart Road to 200 feet east of South Staples Street (the City limits). Traffic volumes on Saratoga at Weber and Staples have increased 58% and 53%, respectively, since 1974 because of adjacent development. Reducing Saratoga maximum speed will also reduce, the school zone speed limit from 250' west of Oakbrook Drive to 250' east of Shea Parkway from 40 mph to 30 mph since the school zone on State highways can only be 15 mph less than the posted speed. Minutes Regular Council Meeting September 13, 1978 Page 8 Council Member Diaz stated that he would like to have large signs posted in this area. indicating the reduced speed limits so that motorists will be aware of the change. City 'Manager Townsend assured him that this will be done, noting that the speed limit on streets within the City limits is always 30 mph unless signs are posted designating a different speed limit. k. The recommendation of the Traffic Safety Advisory Board be approved that parking be prohibited from 7:00 A.M. to 9:00 A.M. on the inbound portion, of Everhart Road from Donegal to Saratoga Boulevard and from 4:00 P.M. to 6:00 P.M. on the outbound portion on all days except Saturdays, Sundays and holidays be approved. An increase in traffic volumes of 58% since 1974 necessitates the prohibition of peak hour parking. 1. The use of three municipal parking lots adjacent to I.H. 37 be granted to the sponsors of Bayfest '78. These lots will be reserved for the parking of vehicles belonging to individuals involved in the various Bayfest '78 activities. The lots will be reserved only on the days of the celebration (September 29 - October 1, 1978). m. A 5 year agreement be executed with the Corpus Christi Yacht Club for the continued lease of 40 Marina slips on Pier "L" and the construction of 26 additional slips by the Yacht Club on a new pier at a cost of approximately $76,500. At the expiration of the lease, the ownership of the 26 additional slips would go to the City. The 26 slips would be leased by the Yacht Club , at a rate not less than other Marina slips allowing a rental of $57,470 over the 5 year lease agreement. The 40 slips on Pier "L" would be leased at $1,907 per month ($114,420 over the 5 year lease agreement) instead of $2,319.44 per month ($139,166.40 over 5 years) providing $24,746 as the City's share of $82,216 to cover construction cost including $5,716 for contingencies. Upon expiration of the lease on pier "M" the City will own the pier. The Marina Board concurs in this recommendation. Mr. Townsend explained that the lease on Pier "L" with the Yacht Club expires on October 1, 1978; they desire to construct 26 additional slips in the same area; such construction would involve 25 feet of water space; and displayed a drawing to the Council showing the location of the proposed slips. City Manager Townsend explained the implications involved if these slips are not leased again to the Yacht Club in that the pier will become public pro- perty. He reviewed the history of the Yacht Club since 1960 and read some of the provisions included in the deed of sale. He stated that the Yacht Club wishes to construct the 26 additional slips to be leased at the same charge that the City charges for boat slips. City Manager Townsend indicated that he has sdme doubts of the proposed lease agreement because of the fact that the Marina rates might be increased and the Yacht Club rates would then not be consistent with the Marina rates. He stated that the staff would like to study the proposed lease agreement and possibly amend some provisions prior to the third reading of the ordinance Minutes Regular Council Meeting September 13,.1978 Page 9 authorizing the lease agreement. Mr. Townsend explained that the ordinance must be read three times; 30 days must elapse between the first and last reading; and this would provide ample time to amend the lease. n. The appointment of Mr. Donald H. Trottier to the position of Library Director be confirmed. Mr. Trottier received his Masters of Library Science degree from the University of Washington in Seattle. He has 12 years of experience in library work including 1-1/2 years as Director of the Public Library in Provo, Utah and 7 years as Director of the Weber County Library in Ogden, Utah. o. A resolution be passed concurring with findings of the draft environmental impact statement on the construction of a deep draft inshore port at Harbor Island, Texas, by the Nueces County Navigation District No. 1, reaffirming support of the District's plan for development of the port and urging the U. S. Army Corps of Engineers to issue a permit to allow construction of the port without further delay. Previous resolutions supporting the project were passed by the City Council on June 20, 1973 and November 19, 1977. p• A grant application be submitted to the Texas Department of Human Resources for a grant of $25,000 to pay for outside family planning services (lab tests, clinic and physician fees) for income eligible participants served by the'City'+s family planning program during the period March 1, 1978 through August 31, 1978. The City operates a family planning program on behalf of the State Health Department. $132,978 was budgeted for these outside services for the past program year. However, the services rendered exceeded the budgeted amount by $25,000. The local 10% match or $2,500 will be provided in-kind from an existing City paid Public Health Nurse position. Texas Department of Human Resources has Title XX money available to pay for the additional outside family planning services. City Manager Townsend explained that the City's Health Department is a City -County Health Department; some of the programs conducted by this department are State programs; and other programs are conducted in cooperation with the State. Mr. Townsend continued by stating that the Family Planning Project is a State pro- gram with funds provided by Title XX of the Texas Department of Health; the budgeted amount of $132,978 was exhausted in March; in the past the State has automatically paid additional contracted charges for the remainder of the fiscal year with Title V funds; but this year, there are no additional funds available at the State level. City Manager Townsend informed the Council that since the City is overdrawn in the account, it is necessary to apply for a grant from the Department of Human Resources in the amount of $25,000, which requires 10% in-kind on the local level, or $2,500. He assured the Council that the program is handled very well locally, and the staff feels that the shortage of funds was created because of the bookkeeping procedures on the State level. Minutes Regular Council Meeting September 13, 1978 Page 10 Mayor Pro Tem Gulley inquired if there is a duplication of this type of service by other governmental entities. City Manager Townsend replied that the only other similar service is Mr. Roberto Tijerina's South Texas Family Planning Corporation program. Assistant City Manager Archie N. Walker explained that if there is dupli- cation of service, both programs serve different clients. q'. The Fourth Community Development Block Grant Program Year be extended from May 31, 1979 to July 31,1979 to coincide with the City's fiscal year. The Department of Housing and Urban Development has granted authority to make adjustment in program years to conform to local fiscal years. This extension of the program year will conform all future program years to the City's fiscal year and substantially simplify accounting procedures. r. 23,000' of 2" bare steel pipe be purchased from Gensco, Inc., Uvalde, Texas for $20,567.75, and the coating and wrapping from Armor Cote Corporation, Corpus Christi for $4,485.00. The low bidder on 2" pipe on a recent contract, L.B. Foster Company, will not be able to deliver pipe until the first of November. The City Warehouse has 10,000' of 2" pipe in inventory. The Gas Division will need 33,000' between now and November 1 for new installations. Gensco, Inc. has the pipe in stock and is holding pending approval. s. A lease agreement be approved with HIALCO-OIC Neighborhood Organization, Inc., leasing to HIALCO the building on Lot 1, Block 2, Carver Heights Subdivision, at the corner of Martin Luther King Blvd. and Coke Street for a classroom for air conditioning maintenance or part of its Manpower Skills Training Program. ** Council Member Holt departed the meeting at 4:05 p.m., stating that he was going to Atlanta, Georgia to make a scheduled speech at a meeting of the National Association of Children's Homes and that he would be out of the City next Wednesday. There was no discussion on the City Manager's Reports by members:of the audience. Motion by Sample that the City Manager's Reports, Items "a" through "s", be approved; seconded by Diaz; and passed by the following vote: Gulley, Diaz, and Sample voting "Aye" on all of the items; Council Member Gill voting "Aye" on all of the items except Item "0" on which she voted "Aye" on the first portion concurring with findings of the draft environmental impact statement on the con- struction of a deep draft inshore port at Harbor Island, Texas, by the Nueces County Navigation District No. 1, but "Nay" on the second portion of that item; Juarez voting "Aye" on all of the items with the exception of Items "d" and "e" on which he abstained; Lozano and Holt absent. P�..utes Regular Council Meeting September 13, 1978 Page 11 Mayor Pro Tem Gulley announced the consideration of the following tabled matter: Third Reading of an ordinance prohibiting parking at all times on both sides of Kostoryz Road from South Padre Island Drive to Holly which was tabled on June 14, 1978 for further study. It is recommended that the ordinance be amended to prohibit parking on both sides of Kostoryz Road only from Padre Island Drive to Sokol Drive and Tiger Lane. Peak traffic volumes on this portion of Kostoryz are substantially higher than on the portion from Sokol Drive -Tiger Lane to Holly. In the near future, no parking will be recommended on both sides of Kostoryz to Holly Road. By deferring the portion that is not yet heavily used, abutting uses will have an opportunity to provide adequate off-street parking or make other arrangements. Motion by Sample that the foregoing item be removed from the table, seconded by Diaz, and passed unanimously. City Manager Townsend reminded the Council that one group, the Classroom Teachers Association, had expressed opposition to this parking prohibition; there- fore, a transition period is recommended until traffic on the portion from Sokol Drive -Tiger Lane to Holly Road is sufficient to warrant parking prohibition. He stated that this will give the abutting property owners an opportunity to provide for parking facilities. Motion by Sample that the ordinance prohibiting parking on Kostoryz Road from South Padre Island Drive to Holly Road be amended prior to third reading to prohibit parking on both sides of Kostoryz Road only from Padre Island Drive to Sokol Drive and Tiger Lane; seconded by Juarez; and passed unanimously. City Manager Townsend stated that the third reading of this ordinance will be on the agenda next week. Mayor Pro Tem Gulley called for presentation of the ordinances. City Manager Townsend briefly explained the ordinances and stated that he would like to withdraw the ordinance concerning the lease agreement with HIALCO- OIC Neighborhood Organization, Inc. Mayor Pro Tem Gulley called for discussion on the ordinances by members of the audience. Mr. Richard Hinojosa stated that he would like to address the Council in regard to the ordinance listed as "d" which authorizes a contract with him for operation of the abandoned car pound and the ordinance listed as "e" which author- ( izes a contract with J & R Wrecker Service for operation of the Massey Street Minutes Regular Council Meeting September 13, 1978 Page 12 Police car pound. Mr. Hinojosa contended that his bid for operation of the Massey Street car pound was actually a better bid than that submitted by J & R Wrecker Service; he referred to the financial problems experienced by J & R Wrecker Service and questioned the staff's statement that these problems do not interfere with that company's performance of duties, indicating that he felt that they did since some of the problems have continued to exist during the time that company had a contract with the City. Mr. Hinojosa informed the Council that he previously had the contract with the City to operate the car pounds and stated that during that time, he had diffi- culty in removing cars from the short-term car pound at Massey Street to the long- term car pound. Mr. Hinojosa also objected to the awarding of the contract to two differ- ent companies because frequently customers complain that the wrecker company has damaged their vehicles in removal to the car pound. He pointed out that if two different companies are involved, it would be difficult to determine which com- pany had caused the damage. Council Member Juarez noted that the bid form which is submitted by the companies bidding on the contract does not require a percentage. City Manager Townsend explained the three different ways that bids may be submitted and pointed out that the question before the Council is whether or not the contract should be awarded to one contractor or to two contractors. Noting that there was some question about the procedure followed when two contractors are awarded bids, Council Member Juarez moved that the two ordi- nances awarding the contracts on the car pounds be tabled. City Manager Townsend pointed out that the items on -this matter were included in the City Manager's Reports; those have already been approved by a majority of the Council; therefore, if the ordinances pertaining to the car pounds are not voted upon today, the action would be authorized by the approval of the City Manager's Reports. Council Member Juarez then withdrew his motion to table the ordinances. He pointed out that he would still like to consider this matter further before the contracts are awarded. Minutes Regular Council Meeting September 13, 1978 Page 13 City Manager Townsend suggested that the only way this matter could be delayed at this point was for the Council to rescind their action approving these items as a part of the City Manager's Reports. He noted that Council Member Juarez had abstained, on these items and if the Council wishes to rescind their action, a motion from one of the Council Members who had voted to approve the items would be in order. Motion by Sample that Items "d" and "e" of the City Manager's Reports be reconsidered,.seconded by Diaz. Mayor.Pro Tem Gulley called on the representative of J & R Wrecket Service to speak prior to the vote on this motion. Mr. Joe Garcia, owner of J & R Wrecker Service, stated that he is the oper- ator of the police car pound at this time. Council Member Diaz called the Council's attention to the'fact that two of the members of the Council are not present and suggested that any further discus- sion should not occur until the entire Council is present. Mayor Pro Tem Gulley pointed out that very often items are discussed when all members are not present and asked Mr. Garcia to continue. Mr. Garcia stated that the contractor has control of the Massey Street Pound and makes the determination as to when the cars are moved to the long-term pound. He informed the Council that after a vehicle has been at the Massey Street Pound for seven days, it is considered an abandoned vehicle and is then sent to the long-term pound. He pointed out that if the same contractor has contracts on both pounds, he would not transfer a vehicle to the long-term pound until absolutely necessary in order to make more money, and every day that a vehicle remains in the Massey Street Pound, the cost to the City is greater. Mr. Garcia then explained the difficulties that he had had with Mr. Hinojosa ` in the past and that relations between the two were strained. Council Member Juarez indicated that the Council is not fully aware of the manner in which the car pounds are operated. Mayor Pro Tem Gulley then called for the motion to reconsider City Manager's Reports, Items "d" and "e". The motion failed to pass by the following vote: Diaz, Juarez and Sample voting "Aye"; Gulley and Gill voting "Nay." Mayor Pro Tem Gulley Minutes Regular Council Meeting September 13, 1978 Page 14 declared that the motion had failed to pass due to the fact that four votes of the Council were required. City Manager Townsend then suggested that the ordinances pertaining to the award of contracts for the car pounds be placed on three readings so that they could be amended if the Council desired, reiterating that if the ordinances are withdrawn, the action approving the City Manager's Reports would be effective. Further discussion followed. Motion by Sample that the action taken to approve Items "d" and "e" of the City Manager's Reports be rescinded; seconded by Juarez; and passed by the following vote: Gulley, Diaz, Juarez and Sample voting "Aye"; Gill voting "Nay.". The motion , passed. City Manager Townsend informed the Council that the staff will prepare a report on the operations of the two pounds before next week. Motion by Diaz that City Manager's Reports, Items "d" and "e" be tabled until next week; seconded by Juarez; and passed unanimously. City Manager Townsend stated that he would like to withdraw the two ordi- nances authorizing the contracts with Mr. Richard Hinojosa for operation of the abandoned car pound and with J & R Wrecker Service for operation of the Massey Street Police Car Pound, as well as the related ordinance increasing the fees which a vehicle owner will be required to pay in order to reclaim a vehicle from the City car pounds. Council Member Gill referred to the resolution concerning the Deep Draft Inshore Port at Harbor Island, Texas, stating that she supports the need for increasing the capacity of the Port of Corpus Christi but that she is opposed to Section 2 of the resolution, which reaffirms the City Council's support of the Navigation District's plan for development of a deep draft inshore port at Harbor Island. Council Member Gill read the changes that she would like to see incor- porated in the proposed resolution. Council Member Gill continued by expressing the opinion that the Council should be fully aware of the consequences to the public before supporting the Deeport. She stated that she is not sure that the project is being considered in the most economically feasible manner and she questioned how it could be .ainutes Regular Council Meeting September 13, 1978 ' Page 15 constructed at -no cost to the public. Mayor Pro Tem Gulley stated that Deeport is supposed to be constructed at no cost to the taxpayers. Council Member Gill reiterated that she cannot vote for the resolution the way it is worded because she has not seen any figures as to the cost of Deeport and the means by which it will be constructed. City Manager Townsend noted that the only matter before the Corps of Engineers is whether or not the project is in the public interest. He also stated that the project is to be financed by guaranteed revenue bonds issued by the Nueces County Navigation District and fees will be charged to the user com- panies to retire the bonds. He further stated that the public's cost would be for maintenance. Mr. Townsend also stated that the initial cost would involve the dredging of the channel and that he could not conceive of any project being started, after which a city is asked to pay a portion of the cost of such project. Council Member Gill referred to a similar situation involving the City's gas supplier at the time Coastal States bid to supply gas to the City at a certain cost; they did not comply with the terms of their contract; and the events that followed at great cost to the citizens of Corpus Christi. Mrs. Gill expressed apprehension that a similar situation might occur in connection with Deeport. Mayor Pro Tem Gulley stated that he did not feel that there is a parallel between the Deeport and the situation with Coastal States. There'was no discussion on the ordinances by members of the audience. Acting City Secretary Zahn polled the Council for their votes, and the following ordinances were approved: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE BETWEEN THE CITY AND THE CORPUS CHRISTI YACHT CLUB FOR A TERM OF FIVE YEARS CONCERNING A CERTAIN PORTION OF THE BAYFRONT, FOR MAINTENANCE OF THE EXISTING YACHT CLUB PIER, L -HEAD AND RELATED PILINGS AND FOR PIER PROPOSED TO BE CONSTRUCTED BY SAID YACHT CLUB, ALL AS MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". FIRST 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 TWO ITEMS SO AS TO PROHIBIT STOPPING, STANDING OR PARKING ON: 1. Everhart Road, the northwest side, from Donegal Drive to Saratoga Boulevard, between the hours of 4:00 P.M. and 6:00 P.M. daily, except weekends and holidays, and 2. Everhart Road, the southeast side, from Donegal Drive to Saratoga Boulevard, between the hours of 7:00 A.M. and 9:00 A.M. daily, except weekends and holidays; AND PROVIDING FOR PUBLICATION. Minutes Regular Council Meeting September 13, 1978 Page 16 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". FIRST READING: 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, BY REDUCING THE SPEED LIMIT ON SARATOGA BOULEVARD FROM 55 MPH TO 45 MPH FROM A POINT 300 FEET WEST OF WEBER ROAD TO A POINT 300 FEET EAST OF EVERHART ROAD; TO A POINT 200 FEET EAST OF SOUTH STAPLES STREET; AND TO 30 MPH WHEN SCHOOL FLASHERS ARE OPERATING AND SO INDICATE, FROM A POINT 250 FEET WEST OF OAKBROOK DRIVE TO A POINT 250 FEET EAST OF SHEA PARKWAY; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". ORDINANCE NO. 14499: AMENDING ORDINANCE NO. 13977, PASSED AND APPROVED ON OCTOBER 12, 1977, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENTS LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. Bolivar Street, from MacArthur St. to Eisenhower St.; 2. Presa St., from MacArthur St. to Eisenhower St.; 3. Soledad St., from MacArthur St. to Greenwood Dr.; 4. Guadalupe St., from Mac Arthur St. to Eisenhower St.; 5. MacArthur St., from Tarlton to Belton St.; and 6. Eisenhower St., from Bolivar St. to Belton St., AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". ORDINANCE NO. 14500: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH TUCKER PROPERTIES, DEVELOPER OF CLUB ESTATES SUBDIVISION, UNIT 3, WHEREBY THE CITY WILL REIMBURSE THE DEVELOPER FOR ONE-HALF THE COST OF CONSTRUCTION OF STREET IMPROVEMENTS AROUND THE DEDICATED PARKS ABUTTING ELM HURST LANE, CEDAR PASS DRIVE, AND PRAIRIE DRIVE IN THE CLUB ESTATES SUBDIVISION, UNIT 3, ALL 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 NO. 220 STREET BOND FUND THE SUM OF $28,974.65 FOR THE CITY'S ESTIMATED SHARE OF CONSTRUCTION COSTS APPLI- CABLE TO PROJECT NO. 220-72-41; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". ORDINANCE NO. 14501: CONFIRMING THE APPOINTMENT OF DONALD H. TROTTIER TO THE OFFICE OF LIBRARY DIRECTOR BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE III, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". Minutes Regular Council Meeting September 13, 1978 Page 17 RESOLUTION NO. 14502: CONCURRING WITH THE FINDINGS OF THE DRAFT ENVIRONMENTAL IMPACT STATEMENT ON THE CONSTRUCTION OF A DEEP DRAFT INSHORE PORT AT HARBOR ISLAND, TEXAS BY THE NUECES COUNTY NAVIGATION DISTRICT NO. 1, AGAIN REAFFIRMING SUPPORT OF THE NAVIGATION DISTRICT'S PLAN FOR DEVELOPMENT OF A DEEP DRAFT INSHORE PORT AT HARBOR ISLAND AND URGING THE U. S. ARMY CORPS OF ENGINEERS TO ISSUE A PERMIT TO ALLOW CONS- TRUCTION OF THE PORT WITHOUT FURTHER DELAY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Juarez, and Sample voting "Aye"; G111, "abstaining, Lozano and Holt, "Absent." ORDINANCE NO. 14503: AMENDING ORDINANCE NO. 14415, PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 2, 1978, WHICH ORDINANCE ADOPTED THE 1978-79 BUDGET FOR THE CITY OF CORPUS CHRISTI, BY APPROPRIATING $5,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE TOURIST AND CONVENTION FUND, NO. 103, TO INCREASE THE APPROPRIATION FOR ACTIVITY 5501, TOURIST AND CONVENTION DEVELOPMENT, CODE 301, AND INCREASING THE BUDGET FOR THE CONTRACT WITH THE TOURIST AND CONVENTION BUREAU FROM $460,000 TO $465,000, FOR THE PURPOSE OF ADDITIONAL ADVERTISING TO PROMOTE TOURISM TO CORPUS CHRISTI THORUGH TELEVISION OF THE SECOND ANNUAL PADRE ISLES CHALLENGE CUP TENNIS TOURNAMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Juarez, and Sample voting "Aye"; Gill, "Abstaining, Lozano and Holt, "Absent". ORDINANCE NO. 14504: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE STATE OF TEXAS TO PROVIDE A TITLE XX GRANT FOR $25,000 RETROACTIVE TO MARCH 1, 1978 AND ENDING AUGUST 31, 197.8 TO PAY FOR A FULL RANGE OF FAMILY PLANNING SERVICES FOR INCOME ELIGIBLE PARTICIPANTS SERVED DURING THE GRANT PERIOD, 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: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". ORDINANCE NO. 14505: AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO EXTEND THE FOURTH COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR FROM MAY 31, 1979 TO JULY 31, 1979; AND DECLARING AN EMERGENCY. ' The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Lozano and Holt, "Absent". Mayor Pro Tem Gulley called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Benny Benavides, 2421 Cleo Street, addressed the Council in regard to the Ad Hoc Committee for the Multi -Cultural Center. Mr. Benavides stated that he Minutes Regular Council Meeting September 13, 1978 Page 18 had contacted two of the members of this committee who had expressed a willingness to commence functioning as a committee, but a third member had indicated that he felt that a meeting should not be held until the members had received an official letter from the City outlining their duties and setting the first meeting of the committee. City Manager Townsend explained that such a letter is being prepared for mailing to all committee members and an official meeting will be called by the staff. * * City Manager Townsend referred to the discussion item that was posted prior to the Workshop Meeting in regard to the contract with the Firefighters Association, stating that this matter will be on the agenda next week. Assistant City Manager Walker reported to the Council that further negotia- tions were conducted with representatives of the Firefighters Association and the City staff negotiating team on Tuesday, September 12. He explained that the City had agreed to change the salary increase from an across-the-board 7% to 6% effec- tive August 1, 1978 and an additional 2% to be effective February 1, 1979, which would represent an overall increase of 7% on an annual basis and 8% at the end of the fiscal year. He stated that the City had obtained one advantage in that the association had agreed to allow firefighter cadets to participate in the Firemen's R & R Fund upon being hired. Council Member Gill asked about the implications in granting an overall 8% salary increase for the firefighters and what effect this will have on other City employees. City Manager Townsend explained that the 8% salary increase for the police officers and firefighters will allow negotiations next year to begin based on a higher salary than would be possible if the straight 7% increase had been granted. He also noted that the firefighters and police officers are already paid more than other City employees. Discussion followed in regard to the shift assignments for the firefighters, and City Manager Townsend explained that other shifts had been tried in the past, and it was determined that the firefighters preferred the current practice of working Minutes Regular Council Meeting September 13, 1978 Page 19 24-hour shifts, followed by 48 hours off duty. Mayor Pro Tem Gulley noted that the firefighters would receive two months' retroactive salary as a provision of the contract. Council Member Diaz referred to the tabled matter concerning the car pounds, noting that Chief Bill Banner of the Police Department had been present during the Workshop Meeting and inquired if he had planned to speak on behalf of awarding the contract to J & R Wrecker Service. City Manager Townsend explained that both Chief Banner and Mr. Harold Zick, Director of Finance, we're present during the Workshop Meeting to answer any questions that the Council might have about the matter. He reminded the Council that Chief Banner's recommendation was presented to them last week. * * 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 5:37 p.m., September 13, 1978.