Loading...
HomeMy WebLinkAboutMinutes City Council - 12/06/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: * David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING DECEMBER 6, 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. Dr. Paul E. Watson of Morgan Avenue Baptist Church gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted Meeting. Motion by Diaz that the minutes of the Regular Council Meeting of November 15, 1978 be approved as presented; seconded by Holt; and passed unanimously. Mayor Lozano announced the issuance of the following proclamations: "TOYS FOR TOTS CAMPAIGN DAYS" - December 1-20, 1978; "CIVITAN WEEK" - December 3-9, 1978; "CIVIL AIR PATROL WEEK" = December 3-9, 1978; and "USO DAY" - December 8, 1978. Mayor Lozano presented retirement plaques to the following employees: EMPLOYEE DEPARTMENT POSITION YEARS OF SERVICE Mr. Raul January Parks Gardener 11 15 Mr. Chato Salazar Street Street Foreman 23 t* t. .. .. * .. .. .. ., .. .. Mayor Lozano announced the public hearing on the contractual annexation of 26.1 acres located south of Saratoga Boulevard and west of Chapman Ranch Road, known as Saratoga Industrial Place. Mayor Lozano inquired if anyone in the audience was present who was concerned with this particular matter. One gentleman indicated that he was interested in this public hearing. City Manager R, Marvin Townsend located the area proposed to be annexed on the map; mentioned that a portion of Saratoga Boulevard in this area was annexed some time ago; reminded the Council that they had granted an appeal of Mr. Edgar Moore last week on property located in this area; and stated that thipsa area is for IIGROFILMEw 0 419 Minutes Regular Council Meeting December 6, 1978 Page 2 a voluntary annexation as requested by the subdivider. Mr. Townsend informed the Council that sewer service is not available at this time but a sewer line is located approximately one mile away. City Manager Townsend also stated that the subdivider had agreed to the annexation in order to obtain water service from the City. Mayor Lozano inquired if anyone desired to speak in regard to this matter. Mr. Morgan Spear, 1122 Santa Fe, inquired if the Council had agreed to the 120 -foot setback discussed during Mr. Edgar Moore's appeal. City Manager Townsend replied that that matter is not involved in this public hearing, but as a matter of information, informed Mr. Spear that the Council had granted Mr. Moore's appeal. No one else spoke in regard to the proposed annexation. Motion by Holt that the hearing be closed, seconded by Juarez and passed unanimously. Motion by Holt that the 26.7 acres of land known as Saratoga Industrial Place be contractually annexed to the City of Corpus Christi; seconded by Juarez; and passed unanimously. Mayor Lozano announced the public hearing on the application to the Urban Mass Transportation Administration for operational assistance for the current fiscal year of $642,051. City Manager Townsend explained to the Council that this public hearing is required by UMTA; it is a duplication of the hearing process that occurred prior to the adoption of the budget because the figures involved are included in the Transit Fund budget; and noted that Mr. Tom Stewart, Director of Traffic and Transit; Mr. Jim Wiesehuegel, Director of the Transit Office; and Mr. Steven Craven, of the Budget Office, are present to answer any questions that the Coppcil might have. Council Member Diaz noted that the Federal share is $642,051 and the City is eligible for a total of $1,688,102. City Manager Townsend explained that some of the activities of the Transit operation are not eligible for Federal funding, and the City staff must, therefore, separate the items that are eligible for funding by the Federal government. �7 Minutes Regular Council Meeting December 6, 1978 Page 3 Council Member Diaz inquired about the amount to be paid by the City in cash, and Mr. Steve Craven, Administrative Assistant in the Budget Office, replied that the actual amount to be paid by the City is $263,000. City Manager Townsend explained that local share consists of a combination of Revenue Sharing funds and funds from the Texas Department of Human Resources. Council Member Gill inquired about the repercussions if the City is forced to cut some of the local share of this fund from the budget. Mr. Tom Stewart explained that if the local funding is no longer available, then UMTA will no longer provide funds in this amount. Council Member Gill then asked if the City could negotiate with represen- tatives of UMTA later if the City is forced to decrease funds in this activity. City Manager Townsend explained that there is a certain level that must be maintained in order to continue to receive the.Federal funds, and it is possi- ble that the staff could determine just what that level is before any decreases are made in the Transit fund. Mr. Stewart pointed out that the City could not actually negotiate, and the procedure to be followed dictates that a proposal, or application, would have to be filed with UMTA, following which they could either approve it or reject it. Council Member Holt inquired as to how much of the transit is subsidized, and after some discussion, City Manager Townsend replied that the subsidy totaled approximately $900,000. No one else spoke in regard to the UMTA application. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Gill that the Council approve the application to the Urban Mass Transportation Administration for operational assistance for the current fiscal year of $642,051; seconded by Juarez; and passed unanimously. * * t * * * * * ., * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with explanations and recommended that: Minutes Regular Council Meeting December 6, 1978 Page 4 a. Bids be received at 11:00 a.m., Tuesday, January 2, 1979,on the following items: (1) 19,740 feet of copper pipe for the Water Division. This is an estimated three months supply. Bids are not solicited for more than three months because the price of copper fluctuates frequently. (2) A one-year contract to install glass in all City vehicles and heavy equipment except transit buses. Transit buses are not included because the glass for the buses is a special order item. (3) A six-month supply of truck and automotive repair and maintenance parts for the City Garage, Transit System and Fire Department. b. Bids be received at 11:00 A.M., Tuesday, January 2, 1979 for painting the exterior of the 300,000 gallon elevated washwater tank at the 0. N. Stevens Filter Plant. c. Bids be received at 11:00 A.M., Tuesday, January 2, 1979,for replacement pumps for the chill water and condenser water systems of the Coliseum air conditioner. The current pumps are approximately 21 years old, are part of the original equipment, and replacement parts are no longer available. d. 1,000 gallons of 91% cythion insecticide (malathion) for mosquito control be purchased from AMERICAN CYANAMID, Princeton, New Jersey on the basis of low bid of $10,800. Bids were received from 2 firms. Price comparison shows no increase e. Annual requirements of tires and tubes be purchased from on the basis of low bid meeting specifications: the following firms GOODYEAR SERVICE STORES, Corpus Christi Lot I - 192 Tires -Police Pursuit Special Fabric Radial Lot IV - 36 Tires and 175 Tubes -Farm & Industrial TOTAL: $ 9,770.44 6,178.16 $15,948.60 B. F. GOODRICH COMPANY, Corpus Christi Lot II -1,529 Tires and 473 Tubes -Passenger & Light Commercial $38,307.37 Lot III - 701 Tires and 1,724 Tubes -Truck & Trailer 73,089.51 Lot V - 5 Tires and 58 Tubes -Heavy Equipment & Off -Road 7,413.09 TOTAL: $118,809.97 GRAND TOTAL: $134,758.57 Bids were received from four firms. Price comparison reflects an increase of approximately 12%. The apparent low bid of $6,108.24 on Lot I by B. F. Goodrich did not meet specifications because their tires have not passed the necessary tests to be listed on the General Services Administration's Federal Qualified Products List. City Manager Townsend referred to the Council's previous discussion on tire recaps and presented the Council Members with a memorandum in regard to this subject. He stated that recaps will be used on some of the City's large trucks, and,such use will afford a savings of approximately $2,600 per year. Council Member Holt noted that according to the memorandum, the recaps will last twice as long as new tires. City Manager Townsend confirmed this statement and Minutes Regular Council Meeting December 6, 1978 Page 5 also noted that the recapped tires have been used in the Transit Division for many years. f. A contract for replacement of the asphalt driveway at the Airport Fire Station with 8" reinforced concrete be awarded to B & B Builders for $9,716. Three bids were received on November 21, 1978. Funds are provided in the 1978-79 Airport Budget. 9• The following actions be taken in connection with disposition of the exist- ing fishing pier across Corpus Christi Beach south of the Master Host Inn. (1) An agreement be authorized with Exeter Investment Company and Luxury Lodges, Inc., owners of the Master Host Inn, whereby the owners will quitclaim to the City all interests in the pier and the City will remove the pier from the premises. (2) Plans and specifications for pier removal be approved and bids be received on December 27, 1978. The pier is an obstruction on the beach and has not functioned as a fishing pier since the beach was reconstructed. Mayor Pro Tem Gulley inquired about the source of funds for this project. City Manager Townsend replied that the estimated cost is $6,000, and these funds will come out of the Park Fund for Beach improvement. He explained that the salvage material will be retained by the City for future use in some other area. h. Plans and specifications for the budgeted repair and resurfacing of seven tennis courts at South Bluff Tennis Center be approved and bids be received on December 26, 1978. Repairs include removal of heaved areas and replacement with hot mix, repair of cracks, resurfacing the courts, laying of the color coat, and painting of the required court markings. i. Gulf Coast Testing Laboratory, Inc. be retained to provide testing services for Ella Barnes Unit 1-A street improvements for $4,860. Testing will include material quality, concrete strength and hot -mix control. In addition, some densities are proposed to confirm the work of inspection personnel using the nuclear {tensity machine. No additional appropriation is necessary. A contract be executed with Ms. Ann Allen to provide professional consultation for the Elderly Nutrition Program. The consultant will work eight hours per week at $10 per hour for 12 months beginning December 1, 1978. Funds for the contract were authorized in the 1978-79 Nutrition budget. The consultant will develop menus, evaluate existing menus and develop and implement a nutrition education program. This contract was advertised in September. Five applications were received. Ms. Allen was selected on the basis of experience, education and hourly cost. J• Council Member Gill mentioned the fact that complaints had been received earlier in regard to the types of diets that were served the elderly and inquired if the staff felt that Ms. Allen would consider serving appropriate diets for minorities. City Manager Townsend stated that he questioned the validity of the com- plaints that were previously registered and the method by which they had been obtained. He stated that hopefully, the new nutritionist would consider the Minutes Regular Council Meeting December 6, 1978 Page 6 appropriate kinds of diets. k. Plans and specifications for a second story expansion to the Corpus Christi Tourist Bureau building be approved and bids be received on January 10, 1979. The second story expansion will consist of approximately 1640 square feet of office space for the Executive Director and staff. The Bureau uses the land and existing building under a 5 year lease from the City. The Tourist and Convention Fund Budget includes $65,000 for this expansion. 1. The recommendation of the Traffic Safety Advisory Board that parking be prohibited at all times on the west side of Airport Road from Morgan Avenue to Agnes be approved. The design of the roadway provides for two moving lanes in each direction and a center lane for left turn movements. All affected property owners have been notified and no objection has been received. Further studies will be carried on the east side where residential and commercial properties face the street. m. A revised timetable be adopted for submitting a grant request to the National Endowment for the Arts for a sculpture for the Bayfront Plaza. The National Endowment no longer recommends artist competitions. Proper artist selection and Municipal Arts Commission and City Council approval of the proposed art work should realistically involve 6 to 8 months. The revised timetable would allow submission of the finished grant application by January 15, 1980 and completion of the work by the summer of 1981. Appropriation of $2,500 from the hotel -motel tax fund is requested for the expenses of bringing a consultant and three review panelist;to Corpus Christi to assist in the selection of the artist and the travel and lodging expenses of the artist for review of the proposed site and interview expenses. City Manager Townsend explained that there is a need for the revised time- table since the artist competition is no longer recommended. He pointed out that the Council needs to select an artist to do the work; they need to review his work; and commission the artist to perform the type of work to be provided. Mr. Townsend stated that the original timetable was not realistic considering the method that is to be used. City Manager Townsend suggested that there is a need to select a panel of experts at this time. He then explained the procedure that must be followed in obtaining a grant from the National Endowment for the Arts. Mayor Pro Tem Gulley and Council Member Gill expressed the opinion that the work of art was to be located inside the common lobby between the Auditorium and the Convention Center. City Manager Townsend stated that there are many problems to be worked out and that is the reason the staff is recommending that this grant application be delayed for one year. n. The five-year lease with Mr. Donald Lemon for operation of the "L" Head bait stand concession be amended, prior to second reading, to provide that the hours of operation shall be from 5:00 a.m. to 11:00 p.m. every day of the year and from 11:00 p.m. to 5:00 a.m. on all nights unless the temperature is below 32°F., small craft and hurricane warnings are posted or a severe weather alert prevents operations. Minutes Regular Council Meeting December 6, 1978 Page 7 o. The proposal of the Wyatt Company to study and recommend procedures for administration of a self-insurance program for automobile and general liability at an estimated cost of $7,000 to $10,500 plus related actual travel expenses be accepted. Proposals were received from the five consulting firms invited to submit proposals. *The Wyatt Company, Dallas, estimated fee ranges $7,000 to $10,500 plus travel. Corporate Policy Holders Counsel, Inc., Chicago, maximum fee $4,000. EBASCO Risk Management Consultants, Inc., Chicago, estimated fee ranges $10,500 to $12,500 plus travel costs of $1,200. RIMCO Risk Management Consultants, Dallas, maximum fee of $11,715 plus travel expense of $500. James A. Robertson & Associates, Inc., El Paso, maximum fee of $9,800 plus estimated travel expenses of $975. The Wyatt Company's proposal is recommended as being most responsive at the lowest cost. The Corporate Policyholder's proposal was not in detail, nor specific. The Wyatt Company has previously performed actuarial studies for the City's Firemen's Relief and Retlrempnt Fund in a competent manner. Council Member Holt noted that the Wyatt Company of Dallas does not have a limit on their travel expense and suggested that a limit should be included as a part of the agreement. City Manager Townsend assured the Council that only travel expense between the City of Dallas and the City of Corpus Christi would be approved. Council Member Holt reiterated that a limit should be placed on the travel expense and suggested a maximum of $500, since this was the figure included in the proposal of the other Dallas based company. City Manager Townsend agreed and amended that portion of Item "o" as follows: *The Wyatt Company, Dallas, estimated fee ranges $7,000 to $10,500, with travel costs not to exceed $500. p. The proposed contract with Mr. Jimmy (Red) Taylor for golf pro services at the Oso Municipal Golf Course be amended, prior to second reading, to make the following changes: (1) Specifying that the required public liability insurance shall be in the amount of $300,000 and property damage insurance of $25,000. (2) Prohibit discrimination as to customers as well as employees. (3) Require the Golf Pro to cooperate with the Golf Course Superintendent in the maintenance and arrangements of greens, tees and other golf facilities where golf course play is involved. (4) Clarify the wording of several sections without changing the intent of the contract. Minutes Regular Council Meeting December 6, 1978 Page 8 City Manager Townsend explained that in the future, the Golf Course Super- intendent will report to Mr. Ken Krenek, Director of Parks, rather than to the Golf Pro, and this will provide the City staff with better control of the condition of the golf course and better relationships with the City employees at the golf course. q. Plans and specifications for construction and rehabilitation of the first phase of Oso Wastewater Treatment Plant be approved and bids be received on February 7, 1979. The project includes construction and rehabilitation of approximately half of the mixing tanks, reaeration tanks, clarifiers and chlorine contact chambers; all of the prethickeners; aerobic digesters and post -thickeners; a new office and laboratory building; and two new blower buildings. In addition the project includes purchase of aeration and clarifier equipment to be installed when the next contract for plant work is let. This will assure the City of better competitive bids due to larger quantities of purchase, continuity of maintenance and operation, and reduced cost due to inflation. The project will be funded by a 75% grant recently approved by the Environmental Protection Agency and 25% by local bond funds. City Manager Townsend informed the Council that this is a major contract for the rehabilitation of approximately one-half of this plant. Chief Engineer Gerald Smith explained that this particular contract will require more than two years to construct. Noting that two public hearings were scheduled for 3:00 p.m., City Manager Townsend suggested that the Council consider approval of Items "a" thru "p" at this time and continue discussion of Item "q" and the remaining City Manager's Reports following the public hearings. There were no comments from the audience on City Manager's Reports Items "a" thru "p." Motion by Diaz that the City Manager's Reports, Items "a" thru "p" including Item "o" as corrected, be approved; seconded by Sample; and passed unanimously. Mayor Lozano announced the scheduled public hearing on the following matter: (a) Preliminary assessment roll for improvements to Sacky Drive from Kostoryz Road to west of Bonham Drive. The assessment roll has been prepared in accordance with the current assessment policy based on the low bid of Asphalt Concrete Paving Company of $44,234.34. The preliminary roll totals $16,843.41 and includes 8 items. City Manager Townsend explained that bids on this project were received on October 25, 1978, and the contract award will be made following the completion of this public hearing. He then asked City Attorney J. Bruce Aycock to preside in establishing testimony in connection with the preliminary assessment roll. Minutes Regular Council Meeting December 6, 1978 Page 9 City Attorney Aycock explained that this hearing is required by the State law pertaining to paving assessments, and the purpose of the hearing is to develop facts by which the Council may make a determination that the subject property will actually be enhanced at least in the amount of the assessments proposed to be levied. Mr. Aycock stated that he will call as witnesses a City staff engineer and an independent real estate appraiser. He also informed the Council that since this is a public hearing, there may be property owners in the audience who may wish to speak in regard to the preliminary assessment roll. City Attorney Aycock called as his first witness Mr. Gerald Smith, P.E., Chief Engineer of the Department of Engineering and Physical Development. Mr. Aycock ascertained that Mr. Smith is a qualified Registered Engineer in the State of Texas, is employed by the City of Corpus Christi, and that he is familiar with the street improvement project under discussion. Mr. Smith further testified that he had supervised the preparation of the preliminary assessment roll which includes eight items for a total of $16,843.41. He explained that the assessment rates had been established according to the total contract price of $44,234.34, which was the low bid as submitted by Asphalt Paving Concrete Company. Chief Engineer Smith stated that a 28' wide street will be constructed; the cost of 4" curb, gutter and pavement will be $13.18 per linear foot and for 6" curb, gutter and pavement, $13.44 per linear foot; the cost of the sidewalk will be $1.04 per square foot; but that the assessments to be levied against the property owners of property zoned and used for one and two family residences, churches and schools will be $4.75 per linear foot for curb, gutter and pavement; and $.75 per square foot for sidewalks. Mr. Smith informed the Council that no driveways were included in the project. Mr. Smith then located the area involved on the map and explained that a new subdivision, Ventura Plaza No. 5, is under construction north of Sacky Drive, and the staff feels that the extension of this street is necessary for the movement of traffic through the subdivision. Mr. Smith explained the type of construction that is planned for this street extension; stated that curb, gutters and sidewalks will be constructed in accordance with the requirements of the platting ordinance; Minutes Regular Council Meeting December 6, 1978 Page 10 explained that 6" curbs are planned for the adjacent business property and 4" curbs will be installed on the residential property; and stated that the necessary storm sewers will also be installed. Mr. Smith also informed the Council that all of the residential property involved in the assessment roll sides on Sacky Drive, and the property owners of such property will pay only 50% of the usual residential assess- ment rate. He also stated that since a street does not actually exist at this time, the owners of the commercial property will be assessed to the center line of the street. Mr. Smith also mentioned that the owners of the Lexington Manor Apartments previously agreed to pay for one-half of the street construction which abuts their property. City Attorney Aycock called as his next witness Mr. W. J. (Bill) Holly, a licensed Real Estate Broker in the State of Texas. Mr. Aycock established Mr. Holly's competency to testify in regard to these preliminary assessments and determined that he was familiar with the area and had examined each and every piece of property abutting on the proposed extension of Sacky Drive. Mr. Holly testified that, in his opinion, each and every piece of property included in the assessment roll would be enhanced at least in the amount of the assessment to be levied. He also assured the Council that there were no irregular or odd -shaped lots involved in this project. There were no questions from the Council or from the audience in regard to this project. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Mayor Lozano announced the scheduled public hearing on the following: (b) Preliminary assessment roll for improvements to N. Carancahua St. from - Winnebago to Buffalo and Winnebago from N. Carancahua to Upper Broadway. The assessment roll has been prepared in accordance with the current assessment policy based on the low bid of King Construction Company of $40,177.40. The preliminary roll totals $5,731.08 and involves 3 parcels. City Manager Townsend stated that this assessment hearing is for North Carancahua Street from Winnebago to Buffalo and Winnebago from N. Carancahua to Upper Broadway; there are no assessments involved on the Winnebago Street portion; Minutes Regular Council Meeting December 6, 1978 Page 11 and there are only three items included in the assessments for North Carancahua Street, for a total of $5,731.08. He informed the Council that the lowest bid was submitted by King Construction Company in the amount of $40,177.40. He then requested that City Attorney J. Bruce Aycock preside in establishing testimony in connection with the preliminary roll. City Attorney Aycock explained that this hearing is required by the State law pertaining to paving assessments, and the purpose of this hearing is to develop facts by which the Council may make a determination that the subject property involved will actually be enhanced at least in the amount of the preliminary assessments. City Attorney Aycock called as his first witness Mr. Gerald Smith, P.E., Chief Engineer of the Department of Engineering and Physical Development. Mr. Aycock questioned Mr. Smith and determined that he is a qualified Registered Engineer in the State of Texas, is employed by the City of Corpus Christi, and that he is familiar with the North Carancahua Street project. Mr. Aycock then asked Mr. Smith to explain the method of computing the preliminary assessment roll and also the construction project. Mr. Smith located the area on the map and stated that the low bid of $40,177.40 was submitted by King Construction Company. He then displayed before the Council a drawing which demonstrated the type o construction that will be employed on this project. Mr. Smith explained that the assessment rates have been computed for these properties, but the staff is recommending that the full assessment allowed according to the assessment ordinance not be levied. He stated that instead, the staff has proposed to levy assessments for new concrete only, or the new curb, gutter and sidewalk, but not for the widening of the street. City Manager Townsend elucidated that according to the assessment ordi- nance, the City was allowed to charge the abutting property owners for a portion of the cost of widening the street, for the curbs, gutters and sidewalks, less a credit for the existing sidewalks, curbs and gutters. Council Member Holt referred to the preliminary assessment roll, noted that one parcel of land was owned by the County, and asked Mr. Smith to locate this particular piece of property. Chief Engineer Smith located the property in question Minutes Regular Council Meeting December 6, 1978 Page 12 informed Mr. Holt that the property is being used for parking. City Manager Townsend further explained that the City staff had attempted to work out some type of arrangement with the County and the other property owner in the area, Real Estate Investment Trust of America, whereby 10 additional park- ing spaces could be constructed on this lot. Mr. Townsend also pointed out that ordinarily other government entities pay paving assessments on a voluntary basis, and he was not sure whether or not Nueces County would pay the assessment on their property. Speaking on behalf of the Real Estate Investment Trust of America was Mr. Jimmy Welder, Attorney, who asked City Manager Townsend who the staff had talked with in regard to the possibility of combining the parking lots,on the triangular piece of property, indicating that he and his clients were not aware of this possibility. City Manager Townsend stated that Mr. Tom Stewart and Mr. Tom Utter had attempted to work out some type of plan to increase the parking capacity, but he was not sure just who they had talked with. He indicated that the City would still be willing to discuss such a plan further. Mr. Welder stated that it was his understanding that the company he repre- sents is not being charged for a portion of the cost for widening the street, but instead, they are not being given credit for existing improvements, and in his opinion, they should be given credit for the sidewalk, even though it is old. City Manager Townsend explained that according to the assessment ordinance, the City has the right to assess abutting property owners 90% of the cost of pave- ment and 100% of the cost of curbs, gutters and sidewalks; that historically, this City has given credit for curbs, gutters and sidewalks that are in place; and in this instance, the Engineering staff had attempted to avoid having to determine the value of the 40 -year old curbs, gutters and sidewalks, but had recommended a lower assessment rate, including only $.75 per square foot for the sidewalks. Mr. Welder stated that he felt that the existing improvements on his client's property are in pretty good condition, expressed the opinion that credit should be given for the improvements, and questioned the Council's procedure in approving this project approximately two months ago, noting that his client had not been consulted at that time. Minutes Regular Council Meeting December 6, 1978 Page 13 City Attorney Aycock stated that he would like to complete the City's pre- sentation before further discussion by the property owners and called as his next witness Mr. W. J. (Bill) Holly, a licensed Real Estate Broker in the State of Texas. Mr. Aycock ascertained that Mr. Holly was qualified to testify in regard to the preliminary assessments associated with this project and that he had examined each and every piece of property abutting the proposed street improve- ments. Mr. Holly testified that he is familiar with the market value of this property; he is aware of the fact that the sidewalk referred to by Mr. Welder was in place in 1931 and the value of such improvements is questionable; and assured the Council that, in his opinion, the property included in the assessment roll will be enhanced at least the amount of the proposed assessment. He also stated that some of the property contains odd -shaped lots, but since they are zoned "B-1", all of the property can be utilized and he did not think that any reduc- tion in assessments should be considered for the odd -shaped lots. Mr. Welder spoke again and stated that he did not feel that his client's property will be enhanced by the addition of sidewalks and the accessibility of the property to the parking lot will not be improved. As a point of information, City Manager Townsend interjected that the City staff had discussed the possibility of adding parking spaces to the triangu- lar shaped parking lot with a representative of Real Estate Investment Trust of America in Boston, Massachusetts. Mr. Welder displayed some photographs of the existing parking lot and again stated that his clients property would not benefit from the proposed improve- ments. Council Member Holt determined by questioning Mr. Welder that the subject photographs were taken three days after a rather heavy rain and pointed out that water was still standing in the parking lot. He contended that the installation of sidewalks would afford a place for people who park in the parking lot to walk rather than being forced to walk in the water in the parking lot to gain access to the buildings on the adjacent property. City Manager Townsend pointed out that after the street is widened, addi- tional parallel parking will be available to serve the buildings in this area, Minutes Regular Council Meeting December 6, 1978 Page 14 the sidewalks will enable the people utilizing the parallel parking spaces a place to exit their vehicles; and the City staff feels that because of the parallel park- ing, the sidewalks are needed. He reiterated that the City would still be inter- ested in working out a plan to increase the number of parking spaces in the trian- gular piece of property. Chief Engineer Smith explained to Mr. Welder that the maximum assessment that could be charged for the 4 -foot widening of the street was $14.25 per linear foot for curbs and gutter, whereas, the City is proposing to charge only $6.66 per linear foot for curbs and gutter, which is less than one-half of the amount that could be charged, and only $.75 per square foot for the sidewalks. City Manager Townsend stated that the City became involved in this project because of the lack of parking in that area, and this street widening will provide approximately 10 additional parallel parking spaces to serve the area. Mr. Welder referred to his paving assessment statement and questioned whether or not his client was being given the proper credit for existing concrete driveways. City Manager Townsend assured Mr. Welder that a member of the Engineer- ing staff would be glad to go to the site of his client's property, measure the driveway portion, and be sure that the proper credit is being given. Mr. Welder then contended that a portion of the property supposedly owned by his client is marked as an H.E.B. Parking Lot and he indicated that he felt that the property is probably owned by H.E.B., not his client. City Manager Townsend assured him that the ownership of this property will certainly be checked. Mr. Welder then mentioned the 7 -foot sidewalk planned for the east side of the street and suggested that 4 -foot sidewalk be installed rather than the wider one. City Manager Townsend suggested that since Mr. Welder had so many ques- tions about this assessment, that the hearing be closed and the staff be given an opportunity to meet with this property owner and provide the Council with a further report on the matter next week. Motion by Holt that the hearing be closed, seconded by Sample, and passed unanimously. Minutes Regular Council Meeting December 6, 1978 Page 15 Mayor Lozano asked City Manager Townsend to continue with the City Manager's Reports. City Manager Townsend stated that he would like to present the following items concerning renewal of leases in the Weber and Jones Buildings in which City offices are located. 16,672 sq. ft. of office space be leased in the Weber Building at 321 Mesquite Street at 25t per sq. ft. per month for 2 years and one month, November 1, 1978 - November 30, 1980, with option to renew for 3 one year periods, including the 52 space parking lot adjacent to the Weber Building. The Finance Department has occupied the second and third floors for the past five years. The Department needs the additional office space of the first floor to move the Collection Section from the second floor to the first floor, Internal Auditing from the third floor to the first floor, and the Tax Division appraisal section from the Katz Building to the Weber Building - 2nd Floor. Office Space Rental Sq. Ft. Monthly Annually First Floor 2,672 @ 25 $ 668 $ 8,016 Second Floor 7,000 @ 25t $1,750 21,000 Third Floor7,000 @ 25t 1,750 21,000 16,672 @ 25t $4,168 $50,016 Parking Lot rental - 52 spaces 450 5,400 Total Rental - $4,618 $55,416 When the Katz Building is vacated, an annual cost reduction of $1,900 will result. * t. A lease renewal be approved with W. W. Jones Properties for 5,559 square feet of office space, 600 square feet of storage and 30 parking spaces at the Jones Building for 18 months from November 1, 1978 through April 30, 1980 for Data Processing. The existing lease for 4,932 square feet at $.34 per square foot began on November 1, 1973 and included 600 square feet of storage and 30 parking spaces. The proposed lease increases office space by 627 square feet to 5,559 at $.34 per square foot for the first 12 months and $.37 per square foot the last six months. The additional 627 square feet is required because of floor space taken in expanding the computer equipment room earlier this year. 30 parking spaces are proposed to be leased at $17.05 each per month during the first 12 months and $19.00 each the last six months. The 600 square feet of storage space will be leased at $.17 per month. Rental for the first 12 months will be $2,503.56 per month increasing to $2,728.83 per month during the last six months. The owner will pay utilities, janitorial service and routine building maintenance. The lease can be cancelled for non -appropriation of funds with a 60 day notice prior to the beginning of a new budget year. Parking can be cancelled at anytime with a 60 day notice. u. A lease renewal be approved with W. W. Jones Properties for 4,608 square feet on the third floor of the Jones Building for 11 months commencing November 1, 1978 through September 30, 1979 for a monthly rental of $1,935, and 576 square feet on the fourth floor for 9 months, commencing January 1 through September 30, 1979 for a monthly rental of $242, for the CETA Administration Office. The lease contains a one-year renewal option. The owner pays utilities, Janitorial services, and routine building maintenance. The rent of $.42 per square foot includes $.04 per square foot to offset moving offices to provide the additional space. The present lease is for 1,711 square feet @ $.33 per square foot per month. *These items were discussed by the Council but were withdrawn and will be placed on the agenda for approval on December 13, 1978. Minutes Regular Council Meeting December 6, 1978 Page 16 City Manager Townsend explained to the Council the need for additional space in the Weber Building. He also presented the Council with a copy of a memorandum in regard to the change in plans for moving the CETA Administration office to the City Hall Annex, explaining that because of the increase in person- nel in that office, the staff feels that it is imperative that this particular department remain in the Jones Building. Mr. Townsend stated that the plans are now to move the Human Relations Office, the Safety Office and the Work Experience Office to the Annex. Mayor Pro Tem Gulley expressed the opinion that the City Manager knows the best place for the location of various offices. City Manager Townsend stated that because of the lack of time to discuss these items, he would like to withdraw them and present them for approval next week. r. Bids be received on December 26, 1978 to replace one cab and chassis for an ambulance that was heavily damaged in an accident on November 11, 1978. The ambulance module can be repaired. Total damages is approximately $13,000. The responsible driver was uninsured and there is no iiklihood of any cost recovery. Mayor Lozano called for discussion of Items Uq" and "r", Item "q" having been presented prior to the assessment hearings. Council Member Holt referred to Item "q" concerning the rehabilitation of the Oso Wastewater Treatment Plant and inquired if the odor in the area of that plant will be improved. City Manager Townsend replied that there is very little in this particular contract that will provide improvements of the existing odor. He then asked that Mr. Douglas Matthews explain more fully. Mr. Matthews, Director of Public Utilities, explained that this contract is just one of several contracts In connection with this plant. He informed the Council that the odor at the plant is caused by the incoming sewerage and the method of processing it, and stated that when the plant is completely rehabilitated, this process will be improved, and the odor will not be quite as bad as it is now. City Manager Townsend emphasized that he wanted to make it very clear that the Environmental Protection Agency grant was awarded to improve the water quality at the plant -- not the air quality, and the engineers were directed to design Minutes Regular Council Meeting December 6, 1978 Page 17 process to reduce the odors as much as possible, but he did not want anyone to have the impression that the Oso rehabilitation will completely eliminate the existing odors at the plant. Mayor Lozano then called for comments from the audience in regard to Items "q" and "r". Mr. Ed Ostergard, 1925 Merriman, inquired if the 75% grant dictated the design of the plant improvements, and City Manager Townsend replied that the EPA requirements dictated the design of the plant construction. Motion by Holt that the City Manager's Reports, Items "q" and "r," be accepted; seconded by Gulley; and passed unanimously. *Council Member Diaz departed the meeting at 5:25 p.m. • * * * * * * * * * * * City Manager Townsend presented the following item for Council considera- tion: 9. Consideration of the Municipal Arts Commission recommendations regarding guidelines for their review of requests for City support of the Arts. Council Member Gill, noting that Council Member Diaz had departed the meeting, stated that Mr. Diaz had requested that the Council not act on this matter until he was present. City Manager Townsend agreed that this item could be tabled for one week. * * * * * * * * * * * * Mayor Lozano announced the following tabled zoning application: 10. TABLED: Mr. Lowell Mosley for a change of zoning from "R -1B" One -Family Dwelling District and "SP" Special Permit to "B-1" Neighborhood Business District on Lot 12, Block 1, Koolside Addition located on the west side of Airline Road approximately 275' south of Kimbrough Drive. This application was heard on November 22, 1978 and tabled for two weeks for further staff study. The Planning Commission recommended denial but in lieu thereof "AB" Professional Office District be approved. City Manager Townsend recommended that this matter he tabled for further study. Motion by Sample that Mr. Lowell Mosley's application for change of zoning be further tabled for two weeks, seconded by Gulley and passed unanimously. • * * * * * * * * * * * Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances and reminded the Council that there is a need to amend the Minutes Regular Council Meeting December 6, 1978 Page 18 ordinances listed as "b" and "c" prior to their second reading. Council Member Holt moved and Council Member Sample seconded the motion that the ordinance read on the first of three readings on November 22, 1978, authorizing the City Manager to execute a five-year lease agreement with Donald Lemon for the use of certain space on the L -Head for a bait stand, be amended prior to the second reading as follows: A. Amend the second sentence of paragraph VIII of the contract between the City and Donald Lemon to hereafter read as follows: "Minimum hours of operation on the bait stand shall be from 5:00 a.m. to 11:00 p.m. every day of the year and from 11:00 p.m. to 5:00 a.m. on all nights unless the temperature is below 32° F., small craft and hurricane warnings are posted or a severe weather alert prevents operation." The motion passed unanimously. Council Member Holt moved and Council Member Sample seconded the motion that the ordinance authorizing a contract with Jimmy Taylor for golf professional services at the Oso Municipal Golf Course, read on the first of three readings on November 22, 1978, be amended prior to its second reading by providing the following changes: 1. In the caption and in Section 1 of the ordinance, correct the name of Mr. Taylor to read Jimmy Edward Taylor. 2. Add to Section 1 of the ordinance the words "and locker rentals" to the items for which the City is to be compensated on a percentage basis, and add the provision to the agreement, also. 3. Correct the name in the introductory paragraph of the contract to read Jimmy Edward Taylor. 4. Substitute the corrected agreement in lieu of the copy made a part of the ordinance read on the first reading on November 22, 1978. The motion passed unanimously. In connection with the ordinance listed as "d", which orders an election on the question of adopting an amendment to the City Charter, City Manager Townsend presented the Council with copies of the proposed alternative to Mr. Hoag's proposal, which provides three different methods of wording the alternative. Mayor Pro Tem Gulley suggested that possibly the Council might like to study this alternative for one week and that it might be feasible to delay the third read- ing of this ordinance for one week. City Manager Townsend then withdrew Ordinance "d." There were no questions or comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following were approved: Minutes Regular Council Meeting December 6, 1978 Page 19 FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO AN ITEM WHICH WILL PROHIBIT PARKING AT ALL TIMES ON AIRPORT ROAD, WEST SIDE, FROM MORGAN AVENUE TO AGNES STREET; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time by the following vote: Lozano, Gulley, Gill, Holt, Diaz, "absent". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A FIVE-YEAR FOR THE USE OF CERTAIN SPACE ON THE L -HEAD FOR A BAI FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time final reading by the following vote: Lozano, Gulley voting, "Aye"; Diaz, "absent". and passed to its second reading Juarez, and Sample voting, "Aye"; LEASE AGREEMENT WITH DONALD LEMON T STAND, ALL AS MORE FULLY SET IS ATTACHED HERETO AND MADE A and passed to its third and , Gill, Holt, Juarez, and Sample SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT AND CONTRACT WITH JIMMY EDWARD TAYLOR AS GOLF PROFESSIONAL AT A COMPENSATION OF $200 PER MONTH AT THE OSO MUNICIPAL GOLF COURSE; LEASING TO SAID JIMMY EDWARD TAYLOR THE GOLF PRO SHOP AT THE OSO MUNICIPAL GOLF COURSE FOR A PERIOD OF THREE YEARS FOR AND IN CONSIDERATION OF THE COMPENSATION TO THE CITY OF TEN PERCENT (10%) OF ALL INCOME FROM GOLF CARTS, FIVE PERCENT (5%) OF THE GROSS RECEIPTS OF ALL FUNCTIONS OF THE PRO SHOP, INCLUDING MERCHANDISE SALES AND GOLF LESSONS, AND AN ADDITIONAL TWO AND ONE-HALF PERCENT (21%) OF TOTAL GROSS RECEIPTS FROM $50,000 TO $75,000, AND AN ADDITIONAL FIVE PERCENT (5%) OF TOTAL GROSS RECEIPTS OVER $75,000, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third and final reading by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14642: AMENDING ORDINANCE NO. 5096, PASSED AND APPROVED AMENDED BY ORDINANCE N0. 5660, DATED FEBRUARY 3, A PORTION OF THE ALLEY THROUGH BLOCK 8, BROOKLYN SURFSIDE BOULEVARD TO AVENUE "A", BY AUTHORIZING SAID STREET TO ALL TRAFFIC AND REVERTING OWNERSH ABUTTING PROPERTY OWNERS; AND DECLARING AN EMERG BY THE CITY COUNCIL ON JULY 16, 1958, 1960, WHICH PROVIDED FOR CLOSING OF ADDITION, AND ELM STREET FROM THE CLOSURE OF THE SAID ALLEY AND IP OF THE STREET AND ALLEY TO THE ENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14643: APPROVING THE SUBLEASE BY R. E. LAMBERT TO S. T. RUSSELL OF 1.55 ACRES ON KENNEDY CAUSEWAY AT THE INTRACOASTAL CANAL, LEASED TO MR. LAMBERT AS AUTHORIZED BY ORDINANCE NO. 13301, AS MORE FULLY SET FORTH IN THE SUBLEASE AGREEMENT, A SUBSTANTIAL 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 passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". Minutes Regular Council Meeting December 6, 1978 Page 20 ORDINANCE NO. 14644: AUTHORIZING AND DIRECTING THE CITY MANAGER TO ENTER INTO AN AGREMENT WITH THE EXETER INVESTMENT COMPANY AND LUXURY LODGES, INC., OWNERS OF THE MASTER HOST INN CONCERNING TITLE AND DISPOSITION OF ALL IMPROVEMENTS IN A FISHING PIER SOUTH OF THE MASTER HOST INN, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO ACCEPT A QUITCLAIM DEED FROM THE OWNERS OF THE MASTER HOST INN, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "8"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14645: AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH ANN MARIE ALLEN, A NUTRITIONIST, TO PROVIDE PROFESSIONAL CONSULTATION FOR THE ELDERLY NUTRITION PROGRAM. THE CONSULTANT WILL WORK EIGHT HOURS PER WEEK AT TEN DOLLARS PER HOUR BEGINNING DECEMBER 1, 1978, AND EXTENDING THROUGH NOVEMBER 30, 1979, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH MARKED EXHIBIT "A" IS ATTACHED AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". ORDINANCE NO. 14646: APPROPRIATING $5,000 FROM THE UNAPPROPRIATED FUND BALANCE OF THE TOURIST AND CONVENTION DEVELOPMENT FUND TO ESTABLISH AN APPROPRIATION IN ACTIVITY 5509, CULTURAL PROJECTS, CODE 301 IN THE AMOUNT OF $5,000 IN SUPPORT OF AN AGREEMENT WITH THE CORPUS CHRISTI BALLET THEATRE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gill, Juarez, and Sample voting, "Aye"; Gulley and Holt, "Nay"; Diaz, "absent". ORDINANCE NO. 14647: APPROPRIATING $2,500 FROM THE UNAPPROPRIATED FUND BALANCE OF THE FUND NO. 103, TOURIST AND CONVENTION DEVELOPMENT FUND, FOR THE EXPENSES OF SELECTING AN ARTIST AND PREPARING A PROPOSAL FOR SUBMISSION OF A GRANT APPLICATION TO THE NATIONAL ENDOWMENT OF THE ARTS FOR SCULPTURE IN THE BAYFRONT PLAZA, TO BE PLACED IN ACTIVITY NO. 5509, CULTURAL PROJECTS, CODE 301; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Gill, Holt, Juarez, and Sample voting, "Aye"; Diaz, "absent". t, k * .. * * t h * * k h City Manager Townsend reminded the Council that there is a need to make appointments to the Nueces County Community Action Agency. He read the following list of current City representatives and their alternates: City Representatives Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Member David Diaz Council Member Ruth Gill Council Members Joe Holt and Tony Juarez, Jr. Council Member Edward L. Sample Alternates Antonio Perez Archie Walker Tom Utter Ernest Briones Tom Basile Rudy Gonzalez Minutes Regular Council Meeting December 6, 1978 Page 21 It was the consensus of the Council that the representatives and alternates previously listed be reconfirmed as the City appointments to the Nueces County Community Action Agency. * * * * * * * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jessie Smith, 122 Riverdale, addressed the Council and read a letter from Governor Dolph Briscoe in which he declared December 7, 1978 as "Pearl Harbor Remem- brance Day" in the State of Texas. Mr. Smith then invited all of the City staff and the City Council to attend commemorative ceremonies on Thursday, December 7, 1978, at 10:30 a.m. in Sherrill Park. Mr. Smith referred to City Secretary Read's presentation in regard to a request to relight the eternal flame in Sherrill Park and informed the Council that he will make a formal request for this in the near future. * * * * * * * ***:� Noting that a Special Council Meeting is scheduled for 7:00 p.m. tonight at Zavala Elementary School to conduct a public hearing on paving assessments, Council Member Sample moved that this meeting be recessed until 7:00 p.m., December 6, 1978, in the event further discussion on the Charter Amendment alternative might be desirable. The motion was seconded by Council Member Holt and passed unanimously at 5:47 p.m., December 6, 1978. The Regular Council Meeting was reconvened at Zavala Elementary School at 7:10 p.m. Since there was no further business pertaining to the Regular Council Meet- ing to be conducted at that time, on' motion by Sample, seconded by Diaz, and passed unanimously, the Regular Council Meeting was adjourned at 8:10 p.m. December 6, 1978.