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HomeMy WebLinkAboutMinutes City Council - 01/31/1979PRESENT: 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 ". JANUARY 31, 1979 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The invocation was given by Chaplain Robert D. Tatum of the Naval Air Station. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano announced that the following proclamations had been issued: "CHILDREN'S DENTAL HEALTH WEEK" - February 4 to 10, 1979; and "BLACK HISTORY MONTH" - February, 1979. Motion by Diaz that the minutes of the Regular Council Meetings of December 13 and Docambor 20, 1978 and of January 3, 1979, and the Special Council Meetings of Docambor 20, 1978 and January 3, 1979 bo approved as pre - minted; eacondad by Sample{ and paaeod unanimouely. Mayor Lozano announced the consideration of Board and Committee appoint- ments. City Manager R. Marvin Townsend reminded tha Council that Council Member Ruth Gill had nominated aa her Alternate on the Coastal Band Council of Governante Mrs. Vicki Oaraa and suggostad that this nomination bo confirmed by tha Council. Motion by Holt that Mrs. Vicki Garza be confirmed as Council Membar Gill's Alternate en the COG Board, aacondad by Sample, and passed unanimously. ***see****** Mayor Lozano announced the scheduled public hearing on the following mattors (a) Closing and abandoning an alloy parallel to Water Street between Lots 1 through 6 and Lots 7 through 12, Water Block 7, Basch Portion. The block is bounded by St4rr, Hatay and Taylor Streets and Shoreline Boulevard. SEP D 4 1980 MICROFILMED Minutes Regular Council Meeting January 31, 1979 Page 2 ' City Manager Townsend located the area on the map and stated that the owners and their representatives agree to this request. Mr. Townsend explained that utility lines exist in the alley, but the staff recommends that the alley be closed with the understanding that the easement will be retained until the utilities are relocated. He further stated that this alley does not provide access and really serves no purpose. Therefore, the staff recommends that the alley be closed and the utility easement be abandoned after the utilities are relocated. Council Member Holt inquired about the possibility of selling the property after the utility easement is closed. City Manager Townsend admitted that there have been Councils in the past who have delayed alley and street closings until cash remuneration is made, but ordinarily, the property involved in an easement or alley closing reverts to the abutting property owners. Mr. Townsend pointed out that sometimes when an alley is closed, the abutting property is not enhanced, but rather, the value of the abutting property is reduced. He also noted that in this particular case, the relocation of the utilities will be quite expensive, and the cost will be borne by the property owner. Mayor Lozano indicated that this is a public hearing and inquired if any- one in the audience desired to speak in regard to this proposed alley closing. Mr. James Kay, a representative of Trailways Bus Systems which is located at 702 N. Chaparral, expressed concern in regard to the proposed alley closing because his company has a rental agreement for a portion of the abutting property, with the heir of Mr. Tom Tyler, who leases this property from the owner. He stated that he rents a parking lot from Mr. Tylerls grandson for $300 per month and he was concerned as to whether or not he would be allowed to continue renting the parking lot if the alley is closed and the property owner builds in this area. City Manager Townsend expressed the opinion that he felt that the property owner would continue renting this lot to Trailways Bus Systems, even if the alley is closed. Mr. Kay stated that he was not sure who the owner of the property is because since Mr. and Mrs. Tyler are deceased, he has been paying rent to their grandson. He asked if someone on the staff could assist him in contacting ther owner, and City Manager Townsend suggested that this be discussed with a member of the staff who would be glad to assist him. ' Minutes Regular Council Meeting January 31, 1979 Page 3 . No one else spoke in regard to this proposed alley closing. Motion by Gulley that the hearing be closed, seconded by Holt, and passed unanimously. Motion by Holt that the alley be closed with the utility easement to be retained until the utilities have been relocated, seconded by Juarez. Council Member Diaz inquired about the consequences if the Council approves the alley closure and the owners start construction before the bus company has made arrangements for parking elsewhere. City Manager Townsend explained that the ordinance effecting the closing of the alley will require that the property be replatted before any construction can begin. He also pointed out that the alley closing would be subject to the removal of the driveways and curb cuts and the retention of the alley as a utility easement until the utilities have been relocated. City Manager Townsend expressed the opinion that all of these requirement° will take some time to accomplish, which should provide ample time for the bus company to make arrange- ments for parking elsewhere. Mayor Lozano called for the vote on tho motion to close the alley, and the motion pawed unanimously, * * * * * * * * * * * * Mayor Lozano announced the sacond public hearing on the following matter: (b) Hear comments from the public on performance on current and past Community Development projeets. City Manager Townsend explained to the Council that the City is required to conduct three public hearings on Community Development projects before the application for next year's program aan be submitted. Ho briefly described the .purpose of the next two hearings which are already scheduled for March 7 and March 14, 1979. Mr. Townatnd then presented the Council with copies of documents per- taining to current and past Community Development projecte. He assured the Council that this public hearing had boon properly advertised and suggested that there may be citizens in the eudienos who wished to epeak on the matter. Mayor Lozano ascertained that no ane in the audience desired to speak in regard to the Community Development projects. Minutes Regular Council Meeting January 31, 1979 Page 4 City Manager Townsend elucidated on the projects, stating that the City is currently in the 4th year of the program. He explained the programs from the past years and the current programs. Council Member Diaz inquired about Los Encinos Park and asked if it would be included in the next year's program. City Manager Townsend replied that this project is not included in the program yet but pointed out that there is an item on today's agenda to provide for summer employees to perform some improvements in the park. Council Member Sample inquired about the disposition of the carry-over money, and City Manager Townsend explained that such funds are added to the next year's program. Council Member Gill inquired as to how this public hearing was advertised, and City Manager Townsend informed her that it was advertised in the newspaper in sections other than the Classified Section's Legal Notices. Motion by Sample that the hearing be closed, seconded by Juarez and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. Bids be received at 11:00 a.m., Tuesday, February 20, 1979 on the following budgeted items: (1) 8 replacement cardiopulmonary resuscitators for the Fire Department for the ambulances. (2) A replacement earth boring and drilling machine for the Water Division. (3) A replacement 300 amp trailer mounted electric welding machine for Wastewater Services. (4) A new or used sanitary landfill compactor for the Sanitation Division in lieu of the budgeted replacement of a bulldozer. (5) A one -meter diving stand and 2 three -meter diving stands to replace stands at West Guth and Meadow Park Pools. (6) An additional plugging machine for the Gas Division for pipe from 4 to 12 inches. Council Member Diaz inquired if resuscitators will be purchased for the Bayfront Plaza Auditorium. City Manager Townsend explained that he has not yet received a report from the staff in regard to the first aid equipment that will be ' Minutes Regular Council Meeting January 31, 1979 Page 5 necessary for the auditorium but assured the Council that they will be provided with a report as soon as it is obtained. b. A contract for roof repairs for the Water Division be awarded to L & M METAL FABRICATORS, Corpus Christi, on the basis of low bid of $12,100. Bids were received from two firms. The built-up roofs at the Water Meter Repair Shop, the Water Foreman's Office and Water Division office at 1317 Mestina Street and the engine room at the Cunningham Filtration Plant will be repaired. The roofs leak badly and are causing interior damage, damage to records, and safety hazards around electrical equipment. c. A contract for expansion of the fire and smoke protection system for DATA Processing be awarded to CORPUS FIRE & SAFETY, INC., Corpus Christi, on the basis of "only" bid received of $2,867.80. During the last year, the computer room was expanded by 2,685 square feet to accommodate an expanded computer system. As a result, the fire protection system needs to be expanded. d. A six months supply of truck and automotive parts for the Garage, Transit System and Fire Department be purchased from the following firms: JOBBERS WAREHOUSE OF CORPUS CHRISTI EST. AMOUNT Lot II Miniature & Sealed Beam Lamps $ 1,650.00 Lot VI Alternators, Starters and Water Pumps 6,800.00 Lot VIII Hose Clamps 300.00 Lot XIV Wire Sete 2,000.00 Lot XV Bearings & Seals 1,050.00 Lot XVII Switches 500.00 Lot XVIII Gaskets 300.00 Estimated Total -- $12,600.00 ALPHIN SUPPLY, Corpus Christi Lot IV Clutch Parte Lot V Brake Parts HOLLIS NEESE AUTO PARTS, Corpus Christi Estimated Total -- Lot VII Rubber Products Lot XI Windshield Wiper Blades & Refills Lot XII Cape & Thermostats Lot XVI Reflectors, Mirrors and Lena Estimated Total -- $ 2,800.00 4,800.00 4-1;60M6 EST. AMOUNT $ 1,800.00 1,100.00 250.00 2 500.00 5,650.00 COASTAL DISTRIBUTORS, Corpus Christi Lot XIII Fuel Pumps 500.00 Estimated Total -- $ 500.00 On the following "Lots" the firma indicated are tied for low bid. It ie recommended that award be made by casting of the lot: *Hollis Noce@ Auto Parte (x) Lot I - Chassis Parte $ 1,150.00 Jobbers Warehouse ( ) Mollie Neese Auto Parte *Jobbers Warehouse ix) Lot X - Univereal Joints 650.00 Estimated Total -- $ 1, 00.00 EST. GRAND TOTAL -- $28,150.00 * Awarded contracts on these items following the testing of lots. Minutes Regular Council Meeting January 31, 1979 Page 6 Bids were received from five firms. The recommended bidder was determined by type of price list supplied, the percent of discount and a sample purchase. No bids were received on Lot III, exhaust system parts, and the only bid received on Lot IX, shock absorbers, by Jobbers Warehouse did not meet specifications. These items will be purchased on the open market as required. It is estimated that a savings of 5% results by taking formal bids for truck and automotive parts. e. Replacement bunker coats and pants be purchased from MARTIN APPARATUS, Houston on the basis of the following low bid: 86 35 inch Yellow Nomex Bunker Coats ($89.08 ea.) $ 7,687.61 77 Yellow Nomex Bunker Pants ($56.90 ea.) $ 4,398.37 GRAND TOTAL ---- $12,085.98 Bids were received from seven firms. Price comparison indicates an increase of 3% on bunker coats and 5% on bunker pants. f. Eleven replacementand nine additional mobile and portable radio transmitters and receivers be purchased from the following firms: RCA Mobile Communications System - Houston 14 - 100 watt mobile transmitters and receivers for Neighborhood Improvement, Building Inspection and Water, Gas and Wastewater Services Divisions. $13,683.28 g. General Electric Co. - Austin 6 - 5 watt portable radio transmitters and receivers for the Police and Fire Departments. $ 7,279.60 GRAND TOTAL --- $20,962.88 These are the same companies from which radio equipment was last purchased in January, 1978; The companies have agreed to sell the above equipment at the same price paid for similar equipment last January. The only other potential bidder indicated that he could not match the above prices. The budgeted additional units include four for Neighborhood Improvement as part of a program to install radios in Property Advisor vehicles, two for the addi- tional positions of Water Supply Superintendent and Inspector I at Wesley Seale Dam, one for the Water Meter Shop Supervisor to provide communication with water meter problems in the field and two for Wastewater Construction to provide better communication with field construction crews. A film inspection machine for La Retama Library for use by the South Texas Library System, be purchased from Research Technology, Inc., Lincolnwood, I11. on the basis of low bid meeting specifications of $6,781.50. Bids were received from two firms. This equipment is included in the grant from the Texas State Library for operation of the South Texas Library System and will be used to service the films of all libraries in this system. h. The unappropriated balance of $1,283 in the Anti -Recession Fund be appropriated as revenue to the General Fund. This amount represents primarily interest_ income. Regulations require that money in the Anti -Recession Fund be appro- priated within 6 months. This appropriation will allow the Fund to be closed out. From November, 1976 to August, 1978, the City received $1,253,712, including $1,223 of interest. This federal program has ended, unless it is reauthorized by the 1979 Congress. i. Bids be received at 11:00 A.M., Tuesday, February 20, 1979 to replace 10' x 10' x 1" plate glass window at the Art Museum. Minutes Regular Council Meeting January 31, 1979 Page 7 j• f The General Fund be reimbursed $83,815.29 for engineering on various bond and community development projects during October and November, 1978, and that $43,004.27 be appropriated to supplement $45,811.02 in existing appropriations. Reimbursements include: Street ($9,638), Airport ($40), Sanitary Sewer ($13,875), Park ($664), Storm Sewer ($7,559), and Community Development Projects ($11,229). Major projects include the following streets: Ella Barnes Area ($18,707), Lozano Area ($17,694), Casa Blanca Area ($9,411), North Shoreline ($3,396), and McKenzie Road ($3,267); the following Sanitary Sewer projects: Brookhaven - 5 points ($6,282), Flour Bluff Laterals ($4,264) and Highway 9 ($2,661); and Hearn Road ($4,827) and Van Galen Ditch ($1,233) drainage projects. k. A change order be authorized allowing the contractor Isles Construction Company to repair sanitary sewer line breaks occurring during the street reconstruction on the Ella Barnes Area Street Improvements, Unit IA for $135 each if the Wastewater Division cannot repair the break within 24 hours. The repairs now are being made by the Wastewater Services Division, but the Division is involved in too many other areas and sometimes cannot get to the break, slowing the contractor's progress and creating'public inconvenience. Final costs will not be known until project completion as it is impossible to predict the number of services which will be broken. The breaks occur during street excavation because the locations of clay service connections are not known and cannot be readily detected. City Manager Townsend explained that problems frequently occur when sewer lines are broken during street reconstruction. He stated that the recommended change order would allow the construction company to repair the broken sewer lines if the City crews cannot repair the breaks within 24 hours, indicating that this would eliminate soma of the delays in the street reconstruction. City Manager Townsend further explained that in old subdivisions, it is difficult for the City staff to know just where the sewer lines are located, thus making it almost impossible to ' prevent breakage of sower lines. He stated that an effort is now made to compile a record of the location of sewer lines through the sewer tap applications. 1. The recommendation of the Traffic Safety Advisory Board be approved that Rockford Drive be one-way westbound from Ducey Drive to Cliff Maus Drive from 2[30 p.m. to 3[30 p.m., School Days Only. This will reduce congestion caused by parent@ picking their children up at this time of the day. The request wee initiated by the principal of John F. Kennedy Elementary School. m. A revieed contrast with Padre Island Investment Corporation regarding sub- division development on Padre Island be authorised to change the completion dates for undeveloped eubdivisions and the schedule of payments to the City to be haid in trust to complete improvements in subdivisions not constructed by the specified dates. Council Member Gill mentioned that this item was delayed for several weeks and asked if the problems have been workedout with the Padre Island Investment } Corporation. City Manager Townsend assured her that they had been, and the Corporation hoe agreed to provide reports to the City on a quarterly basis. Minutes Regular Council Meeting January 31, 1979 Page 8 n. A supplemental contract be executed with the State Department of Highways and Public Transportation to increase State participation in the 1976 transit capital grant from $50,065 to $83,150 to purchase buses and related equipment. Inflation since 1976, particularly in bus prices, has increased the'project cost from $385,110 to $639,610. UMTA pays 80% of the cost, the State 13% and the City 7%. The City's increased cost is available in the Transit Bond Fund. Projects include purchase of four 25 - 28 passenger fuses, two 45 - passenger buses, one 15-20 passenger bus for elderly and handicapped, one coin -sorter counter, seven two-way radios, seven registering fareboxes and seventeen bus shelters. All the items have either been purchased, are on order or are out for bids. Mayor Pro Tem Gulley noted that this item refers to the fact that the cost of this project has almost doubled but noted that the amount of the City's increase was not listed. City Manager Townsend stated that the City's increase is $17,815. o. An amended application be submitted to the Governor's Committee on Aging 1 reflecting an increase in Federal funds of $12,415 for 25 daily meals to the Elderly Nutrition grant for a new total of $432,483 for 675 daily meals. No additional City money is required. The additional money will be used to buy additional food; convert a half-time Clerk I, Grade 8 to half-time Account Clerk, Grade 12; employ an Outreach Worker, Grade 14, to replace a vacant CETA position; and increase a Crewman position from six hours to eight hours. The position of Centers and Nutrition Supervisor (Grade 23), currently vacant, has been deleted. Meals are served at 12 sites and delivered to 65 home recipients. Council Member Gill inquired if these additional meals will be provided for senior citizens at any particular site. Mr. Ernest Briones, Director of Planning and Urban Development, informed the Council that the additional meals will be delivered at various existing sites, or they could be provided at a new site if one is established in the future. City Manager Townsend explained that the only way a new site could be • established is if a supervised public building is provided. P. The bid submitted by Garcia Brothers in the amount of $97,852 for the. Tourist Bureau Building Addition be rejected and the project be redesigned within the project budget. Apparently other contractors did not bid because of the large amount of commercial construction underway. City Manager Townsend expressed the opinion that it is most unfortunate that this bid must be rejected, because the architect feels that the bid submitted is appropriate. Mr. Townsend explained that the architect had designed a more elaborate addition to the Tourist Bureau Building than the City anticipated, and the architect failed to make the City staff aware that their estimate was much greater than the $65,000 figure that had been agreed upon. City Manager Townsend stated that the alternative to awarding this contract is to redesign the addition to be sure that it is within the amount approved for the work. Minutes Regular Council Meeting January 31, 1979 Page 9 Council Member Diaz inquired if the Convention and Tourist Bureau would be inconvenienced if they have to wait for this expansion project to be completed. City Manager Townsend replied that Mr. Bob Conwell, Executive Director of the Tourist Bureau, felt that the remodeling should be accomplished within the estimated funds of $65,000. He stated that it is now the architect's responsibi- lity to change his plans to be within the amount specified. City Manager Townsend suggested that this item be temporarily withdrawn until he could obtain further information in regard to this matter. q• Plans and specifications for installation of a new 80 -ton capacity water chilling unit for the air conditioning system at City Hall be approved and bids be received on February 28, 1979. This budgeted project will be located outside the building and will replace 26 year old equipment of approximately 68 tons. r. That the Casa Blanca, La Arboleda and High Terrace Areas, Street Improvements Phase "B" be accepted and final payment of $74,917.21 be authorized for a total project cost of $639,805. Because of various delays the contractor exceeded the allotted working time by 27 days. Due to utility delays and errors in computation of time charges an extension of 13 days is recommended, resulting in liquidated damages in the amount of $1,400.00. It ie further recommended that the final assessment roll of $235,905.62 on 415 items be' adopted. The original assessment roll of $231.304.52 was increased by driveways and by 100% assessments for 2 driveways on George Street which were added by change order, s. The following cations be taken in connection with the Washington -Coles Phase I, Street Improvement project: (1) The preliminary assessment role be adopted for the following streets totaling $102,970.40 an 102 items; Sam Nankin Street from Martin Luther King Drive to West Broadway Boulevard; Winnebago Street from Sam Rankin Street to Brownlee Boulevard and from North Staples Street to I.H. 37 Frontage Road; Lake Street from Sam Rankin Street to T. C. Ayer@ Park; Ranting Street from North Alameda Street to Wean Street; Waco Street from Winnebago Street to Martin Luther King Drive. (2) The as@esemenr hearing be held et 7:00 p.m., Wednesday, February 21, 1979 at the Solomon-Colee Elementary School, 924 Winnebago. Bids Were received January 24, 1979. The low bid was submitted by APCCO for $504,235. t. A five-year franchise be granted to Nuecee Electric Cooperative, Inc. allowing the corporation to continue to furnish electric service to areas ineide the city that ars now served by the corporation and to areas that become annexed to the city during the term of tha franchise that are served by the corporation. The corporation now serves 147 cuetomors within the city limits in the Nuoeee Acres, Calallen, Annaville, Clarkwood, and Saratoga areas. Most customers are rural with over 85% using leas than 1,000 kilowatt hours par month. The corporation now provides service to San Juan Subdivi@ion outside the city limits. The city receives a franchise fes of 4% of groes sales to customers within the city which in fiscal year 1977-78 was $2,228.17 and in 1976-77 was $2,390.39. Minutes Regular Council Meeting January 31, 1979 Page 10 City Manager Townsend also withdrew the foregoing item temporarily because a lengthy explanation was required in regard to it. u. A public hearing be held at 2:00 p.m. during the Regular Council Meeting on February 14, 1979 on annexation o approximately eight acres at the intersection of McKenzie Road and the north frontage road of I.H. 37. The owner has requested contractual annexation. - v. A one year's supply of hydrogen peroxide (approximately 630,000 lbs) be pur- chased from McKESSON CHEMICAL COMPANY, Corpus Christi, on the basis of only bid received of $182,511. Price comparison shows a 5% increase over'the present contract. Hydrogen peroxide is used for odor and corrosion control at the Broadway and Westside Treatment Plants and in the McArdle trunk main. w. The vehicle towing fees be increased from $10 plus $10 for supplemental work to $25 and the pound storage fee from $1 to $2 per day. The proposed fees were included in the specifications on which bids were received to operate the City's car pounds. x. A three-year contract for operation of the Police and Abandoned Car Pounds and the provision of emergency wrecker service for City vehicles be awarded to Ayers Wrecker Company, Inc. on the basis of the highest percentage offered: Estimated Annual Amount Percentage of gross income from towing and storage fees on reclaimed vehicles - 36% $61,238 Percentage of gross income from sale of unclaimed vehicles - 50% $23,220 TOTAL------ $84,458 Bids were received from two firms. The contractor will receive the proceeds from the operation of both pounds including a $25 towing fee and $2 per day storage on vehicles reclaimed. The rates for emergency wrecker service for City vehicles are $12.50 for on -the -spot repair or replacement of tires with an additional charge of $3 per tire for each tire repaired or replaced in excess of 1 per call and a fee of $12.50 for the towing of City vehicles with an additional charge not to exceed $10 if supplemental labor must be performed such as use of a dolly. In regard to the foregoing item, Council Member Juarez inquired as to who the officers of the Ayers Wrecker Company, Inc., are. Mr. Tom Basile, Administrative Assistant, replied that Mr. Joe Garcia is President; Martin Garza, Vice President; and Mr. Don R. Boggus, Treasurer.. Council Member Juarez noted that Mr. Garcia is the owner of the wrecker company that currently operates the car pound. y. A grant application for $34,655 be approved to the Texas Department of Community Affairs for a non-resident Youth Conservation Corps program this summer. The project will involve 30 youth in park improvement at Los Encinos Park, including tree conservation, playground equipment, and picnic shelters. City Manager Townsend explained that the non-resident youth program is recom- mended this year, because the staff time and reporting requirements are too great for the resident camp program to be feasible. He assured the Council that the staff feels Minutes Regular Council Meeting January 31, 1979 Page 11 that the non-resident camp grant would provide very satisfactory workers to perform improvements at Los Encinos Park. Mr. Townsend stated that even this type of grant requires a great deal of accounting time, but the staff feels that this plan will work. He informed the Council that the City's matching funds will come from the Park Bond Fund designated for materials for Los Encinos Park. z. Bids be received at 11:00 a.m., Tuesday, February 20, 1979, on the following budgeted replacement park and mowing equipment: (1) A 5 -unit gang tractor mower with hydraulic travel lift. (2) Two 72" self-propelled rotary mowers and a 60" self-propelled rotary mower for the Park Division. (3) An 84" self-propelled 3 -reel mower and a triplex riding greens mower for the Oso Golf Course. (4) Two 16 -horsepower tractors with 48" rotary mowers for Wastewater Services. (5) An 84" rotary mower for the Water Division. (6) Three 60" rotary mowers for the Street Division. (7) A 22" self-propelled rotary mower for the Gas Division. aa. Bids be received at 11:00 A.M., Tuesday, February 20, 1979 on a replacement three wheel motor yehiple with cab for parking meter control. bb. AA agreement be executed with the Soy® Club of Corpus Christi to provide the authority for and conditions under which the swimming pool will bo rehabilitated. The rehabiliratien ie a 4th Year Community Development project. The agreement provide@ chat the City will develop plans and specifications which must be approved by both the City and Boy@ Club. Tho Soye Club agrees to operate the pool for ten year@ and comply with all applicable Community Development and other governmental regulation°. ce. The preliminary ageeeement roll in connection with Port Avenue Street and Sanitary Sewer improvements from the Crosstown Expressway to Ayers Street be adopted and the related hearing bo hold February 21, 1979 at 3100 p.m. in the City Council Chambers, Tho roll includes 39 items and totals 0200,111.28. This project is funded jointly by tha State, Federal Govern- ment and City under the Urban Systeme Porgram, The low bid was submitted by Heldenfels Brother@ for 01,211,279,46, The Federal and State portion is 0772,529.46 and the City's, including assessments, is 0438,750. dd, The City Manager be authorised to enter into agreements to contract and Utter five-year leasee with Pelican's Pleasure, dba Captain Boomer's, and with the 1908 Wharf Corporation for establishment of barge restaurants to be lactated on the Peoples Street T -Head or the barge dock located at the north end of Beet Shoreline, Two proposals were received on January 30, 1979. Both appear to moot the City'e requirements and to be noteworthy. Further staff review and negotiations and review by the Marina Advisory Board will occur prior to final Council action on the proposed leases. Tho First reeding ie recommended now so that the 30 -day period before 3rd reading can be oomploted before March 8, 1979, the beginning of the Council's moratorium period, Mr, Terry Depeon, Director of Parke and Recreation, displayed drawings of the two reetaurents"for which proposals had boon submitted, and City Manager Townsend explained the procedure to be followed in connection with the proposed five-year lessee for the reetaurents. Minutes Regular Council Meeting January 31, 1979 Page 12 Mayor Lozano called for discussion of the City Manager's Reports with the exception of Items "p" and "t" which had been temporarily withdrawn. Council Member Gill referred to Item "x" in regard to the minimum wage paid by the wrecker service and inquired if the Ayers Wrecker Company does in fact pay minimum wages. City Manager Townsend replied that the contract provides that the minimum wage be paid employees, and if this is not done, the contract holder would be in violation of his contract which would then be subject to cancellation. Mayor Pro Tem Gulley noted that this issue has been referred to by the other bidder and expressed the opinion that the City should make sure that the one to whom the contract is awarded does comply with this provision. City Manager Townsend suggested that the ordinance granting this contract be on three readings which would allow ample time to resolve this matter prior to the third reading. Council Member Holt expressed concern about the loss of revenue that has occurred because of the delay on the contract award and pointed out that if the ordinance is placed on three readings, this would mean a further delay. Council Member Gill inquired if the contract could be declared to be in default and subsequently cancelled if minimum wages are not paid, and City Manager Townsend assured her that this could be done. Council Member Diaz stated that he felt that the minimum wage should be very clearly specified in the contract. Council Member Gill asked about the Council's legal obligation if this contractor does not pay the minimum wage. Council Member Holt indicated that according to his personal experience, the City would have to pay the difference in the wages if less than minimum is paid. City Attorney Aycock stated that this is the contractor's obligation, and .he could be sued if he does not comply. Mr. Aycock expressed the opinion that he did not feel that the City would be responsible. In answer to Mr. Holt's concern about the loss experienced by the City due to the delay in awarding a contract on the Police and Abandoned Car Pounds, City Manager Townsend informed him that the estimated loss'has amounted to $46,000. Minutes Regular Council Meeting January 31, 1979 j'age 13 Council Member Holt strongly objected to any further delay and suggested that the ordinance pertaining to this contract be passed on an emergency basis. City Manager Townsend reiterated that it is the staff's opinion that if the contractor does not pay minimum wages, he would be in violation of his contract. He then read the portion of the contract pertaining to this which specified that the contractor must pay minimum wage, and this particular item is enforceable. Mayor Pro Tem Gulley referred to Item "f" and expressed opposition to the purchase of two-way radios for the Neighborhood Improvement Division, stating that he did not feel such equipment was necessary for that department. Council Member Juarez stated that he is opposed to awarding the car pound contract to the same person who has previously operated the pounds because of the large number of complaints that have been received from citizens who have had their automobiles damaged by this operator with no reimbursement. Mayor Pro Tem Gulley inquired about the monetary difference between the two bide received, and City Manager Townsend replied that the difference is $57,231. Council Member Holt again urged that the Council make a decision on this bid award today, The Council had no further comments on these City Manager's Reports, and Mayor Lozano ascertained that there wore no questions or comments from the members of the audience. ' Motion by Holt that the City Manager's Reports, Items "a" thru "dd," with the exception of items "p" and "t,", which had been temporarily withdrawn, be approved; seconded by Sample; and passed by the following votes Lozano, Diaz, Gill, Holt and Semple voting "Aye" on all of the listed items; Gulley voting "Aye" on all of the items except Item "f" on which he voted "No"; and Juarez voting "Aye" on all of the items with the exception of "x" on which he voted "No" and Items "b," "c" and "d," on which he abstained due to a conflict of interest. Mayor Lozano recassod the Regular Council Meeting at 3s45 p.m. in order to convene the Special Council Meeting to conduct advertised public hearings on zoning applications. i Y t Y tl Y A** * * * * a Minutes Regular Council Meeting January 31, 1979 Page 14 Mayor Lozano reconvened the Regular Council Meeting at 4:51 p.m. and announced the consideration of the request for $15,000 participation in the costs of bringing "Siempre en Domingo" to Corpus Christi during the second week in February. Speaking in favor of this funding was Mr. Anthony C. Alvarez, who has recently moved to the City from the northern part of the United States. Mr. Alvarez urged approval of the request because he felt that the entire City would benefit from the increased tourism that would be experienced following the publi- city generated from the filming of a segment of "Siempre en Domingo" here in Corpus Christi. City Manager Townsend informed the Council that he had determined that the local performers who will be seen in the production will not be paid for their services. Mr. Tony Bonilla addressed the Council and stated that he did not have any additional material to present and basically his request was the same as when he had made a presentation on January 24. Mr. Bonilla did suggest that the Council consider the advantages that will be afforded the City if this production is funded. He reminded the Council that the Hotel -Motel Association, the Corpus Christi Board of Realtors, the Central Business District are all supporting this project by their endorsement, and financial assistance has been provided by the Buccaneer Commission and the Port of Corpus Christi. Mr. Bonilla explained that the program will include local entertainers,and local sites all over the City will be shown on the program. He stated that the variety show will be filmed at the Bayfront Plaza Auditorium, and tickets for this event will be sold to the public. Mr. Bonilla continued his presentation by stating that the Corpus Christi Area Convention and Tourist Bureau has indicated that although they endorse the concept of the project, their funds are already allocated for other items. He informed the Council that the Tourist Bureau Board has agreed to have their budget amended and increased by additional funding by the City so that the requested $15.,000 could be routed through their Bureau to be allocated to LULAC for this undertaking. Mr. Bonilla further explained that Mr. Bill Ault, Chairman of ' hanutes Regular Council Meeting January 31, 1979 Page 15 the Advertising Committee of the Tourist Bureau, supports this, as does the com- pany for which he works, H.E.B. He reminded the Council that the hotel -motel tax fund is designed for this type of funding and urged approval of this request. Mr. Bob Conwell, Executive Director of the Tourist Bureau, stated that after meeting with Mr. Bonilla in regard to this project, the Executive Committee of that organization had voted to express endorsement of this project because the program will be seen by an estimated 33 million television viewers and will promote tourism in this City. Mr. Conwell indicated that he had been assured that any political opinions that may be filmed will be removed from the program before it is televised. He informed the Council that the full Board of the Tourist 'Bureau will meet on Thursday to discuss this matter. Also speaking in favor of funding this project was Mr. Miguel Vargas, who expressed the opinion that "Siempre en Domingo" is one of the most tremendous shows produced and that it would greatly benefit the City to havo the television show €ilmad hers. Council Member Holt referred to the Tourist Bureau and noted that included is an it entitled 8p@cia1 Bvants which contains $10,000. Ho inquired of Mr. Conwell if this fund ha@ alroody boon spent for this budget year. Mr. Conwell replied that $7,200 has boon allocated from this fund,and he did not know of any other sours@ for €undo for this project. Also spooking in favor of this project was Mr. Bill Ault, Chairman of the Advertising Committoo of tho Tourist Bureau, who informed the Council that they r000iv@ many roqu@ato for funding, but that Choy folt that thio requait would bo good advortising for tho City as a whale. Mr. Ault statod that the Bureau does not hav@$160,000 to provido funding but that ho folt that th€y could possibly tranafor fund@ in order to donato approximatoly $5,000 for this offort, but this would have to bo approvod by tho ontiro Board. Ho furthor statod that such appro- val must bo b000d on the ootimatod dollar value of tho bonofits that would bo derivod from such funding. Council Mombor ®ill inquirod if the City Council decided that out of the unallocatod $63,000 in the hotol-motol tax fund, they could add $5,000 to the Tourist Buroou budget to bo allocated for the production of "Biompre on Domingo", could tho Tourist Buroau provido a matching amount of $5,000 and than request that the Hotel-Motol Association fund tho additional $5,000 that would be required. Minutes Regular Council Meeting January 31, 1979 Page 16 Mr. Ault replied that in his opinion, this would be possible but he could certainly not speak for the entire Board. Mr. Bonilla interjected that the Hotel—Motel Association has already agreed to make some rooms available at no charge for the performers from Mexico who will be here for the production, and he did not think that they would be able to donate anything further. He also expressed the opinion that the Central Business District did not have any funds available for such funding. Council Member Gill stated that she just wanted to know how seriously the Tourist Bureau is endorsing this project. Mr. Ault expressed the opinion that the Board of the Tourist Bureau would be open to suggestions and pointed out that the Board had no way of knowing about this opportunity at the time their budget was prepared; therefore, there was no reason•to provide such funds. Mr. Ault pointed out that the City of Corpus Christi has been well promoted in the United States, but Mexico has never really been included in an advertising campaign and that he felt that this was an excellent opportunity to reach this tourism market. Mrs. Blanche de los Santos stated that she always watches this television program and expressed the opinion that if it is filmed here in the City, Corpus Christi would be advertised all over Mexico. Speaking in opposition to the request was Mr. Benny Benavides, 2421 Pearse Drive, who expressed the opinion that no one is actually against the program but that tax dollars should not be spent on the production of the program. He pointed out that this City includes many nationalities, but entertainers of other races were not even invited to participate in this show. Mr. Benavides also stated that he felt that the City Council should be aware of the format of the planned production and who will be allowed to appear on the program, pointing out that only friends of Mr. Tony Bonilla have been asked to appear on the show. He also pointed out that several television shows and movies have been filmed in this City, but this is the first time that any producer has requested that funds be provided for expenses of production. He also mentioned the fact that everybody in the City is anxiously awaiting the Council's decision on this matter to see whether or not they are going to be responsive to the citizens' concern about cutting expenses. Minutes Regular Council Meeting January 31, 1979 Page 17 Also speaking in opposition to the requested funding was Mr. P. R. Ochoa, representing an organization called Americans of Texas, Inc. Mr. Ochoa expressed opposition to the funding because LULAC is a Latin organization representing only Mexican -Americans, whereas, this City is composed of several nationalities that will not be represented on the program. Mr. Bonilla spoke again and informed the Council that they have received the endorsement of Channel 3 and the support of Radio Stations KUNO and KCCT, as well as the cooperation of Mr. Bill McDonald of Channel 6. Mr. Benavides addressed the Council again and reminded them that an election concerning taxes was conducted on January 20 and that there was a mandate from the people asking that the Council be very careful about the way their tax money is spent. Also expressing opposition to the funding of this project was Mrs. Jane Crain. *Council Member Holt departed the meeting at 5:30 p.m. Motion by Diaz that the diecuseion on /tem 9 cease, eeconded by Juarez and passed unanimously. Council Member Gill stated that in view of the fact that there is an unappropriated balance in the hotel -motel tax fund of $163,000, and in view of the fact that the City supports the Tourist Bureau with one-half million dollars, and since they have endorsed this program, she would like to recommend that the Tourist Bureau budget be modified to allocate $5,000 out of the unappropriated balance in the hotel -motel tax fund to the Tourist and Convention Bureau with this amount to be designated for the funding of the production of "Biempre en Domingo." Mn. Gill also suggested that the Tourist Bureau allocate a matching amount from their budget and use their influence to attempt to persuade their members who have endorsed thie project to contribute the remaining $5,000 that is required. She expressed the opinion that if the Bureau is serious about their endorsement, they should be able to work out this arrangement. Council Member Sample expressed his respect for the opinions of Mr. Ault and Mr. Conwell, but stated that ha feels that the Council must make the final decision einem the Council Members are in charge of the citizens' tax money. Mr. Minutes Regular Council Meeting January 31, 1979 Page 18 Sample continued by stating that he agreed that this production would probably be good advertising for the City, but that he felt that the results of the Charter Amendment Election held on January 20 -- even though both propositions failed -- indicated that many people in Corpus Christi want a tax decrease. He further stated that he feels that the results of the election dictate that the Council should be very careful in their authorization of expenditures, and that he does not feel that the request by LULAC for $15,000 for this project should be granted, whether it be through the Tourist Bureau or an allocation from the unappropriated fund of the hotel -motel tax fund. Council Member Diaz agreed with the statements made by Mr. Sample and stated that he had received 12 calls at his office in regard to the funding of "Siempre en Domingo," and only 3 citizens expressed approval of the funding. Mayor Pro Tem Gulley stated that he has never been in favor of spending City funds for this type of program and indicated that he is of the opinion that citizens are very concerned about the way the Council spends tax money. Council Member Juarez explained that he had received a different response from citizens who had contacted him, and stated that more than one-half of the people with whom he had talked had expressed approval of the funding of the pro- ject by the City. Mr. Juarez stated that he will vote in favor of the funding. Mayor Lozano indicated that he is in favor of the funding of the production, 'regardless of who is making the arrangements, because he felt that it would promote the City of Corpus Christi on television, thus increasing tourism from Mexico and Central America. Council Member Juarez seconded Mrs. Gill's motion that the City provide $5,000 for funding, provided the Tourist Bureau provides a matching amount. The question arose as to whether or not Council Member Gill had actually made a motion, and Mayor Lozano declared that it was. Council Member Juarez pointed out that this is the first opportunity the City of Corpus Christi has ever had to advertise in three different nations for $15,000. Mayor Pro Tem Gulley stated that this has been done in other cities without the public -funding. Mr. Gulley indicated that he was of the opinion that if the Minutes Regular Council Meeting January 31, 1979 Page 19 Tourist Bureau feels that this project is a viable use for their funds for advertis- ing purposes, then he had no objection to their funding "Siempre en Domingo," but that he did not feel that the citizens' tax money should be spent for this purpose. Council Member Gill reminded Mr. Gulley the Council had amended the Tourist Bureau budget by adding $5,000 to it for the purpose of funding the televising of a tennis tournament. Mayor Pro Tem Gulley stated that this was done some time ago and he felt that the Council is in a new era at this time and should be more careful about the expenditure of public funds. Council Member Gill suggested that if the Council did not intend to use the available funds in the hotel -motel unappropriated tax fund that a motion to rescind 1% of the hotel -motel tax would be in order. Mayor Pro Tem Gulley moved that the 1% additional hotel -motel tax be ' rescinded. Council Member Gill seconded the motion. City Manager Townsend pointed out that this matter is not on the agenda . and it would be improper to act on this today. Council Member Sample expressed the opinion that there is a new climate in the City at thie time, and the people expect the Council to have fiscal responsibility. He than inquired if the funds in the hotel -motel tax fund could be placed in the General Fund. City Manager Townsend replied that it could not but that it could be used for other items such ae improvements in connection with the convention center. Motion by Gulley that consideration of rescinding of the additional 1% hotel -motel tax be placed on the agenda next weak as a discussion item; seconded by sample; and passed unanimously. City Manager Townsend stated that he would like to clarify one point and inquired if the Council had any objection to the Tourist Bureau funding the pro- • duction of "Siempre en Domingo." Mayor Pro Tam Gulley indicated that ha felt that this decision should be : left up to the Tourist Bureau, and if they are of the opinion that this funding would provide the City advertising equal to that amount, then he had no objection Minutes -Regular Council Meeting January 31, 1979 Page 20 to their funding the project. City Manager Townsend noted that the Tourist Bureau has to submit their program to the Council for approval. Council Member Sample expressed opposition to the Council allowing the Tourist Bureau to change their program to fund this project for a matching $5,000 or for the entire $15,000. Council Member Diaz stated that he felt that if the Tourist Bureau is of the opinion that this program would be good advertising and desires to provide funds for the production, then this should be their decision. Mr. Diaz noted that the Council would take this into consideration at the time the budget for the Tourist Bureau is presented next fiscal year. Speaking in favor of the funding of the production was Dr. Clotilde Garcia, who requested that the Council view the program next Sunday and remember that it is seen•in Mexico, Central America, New York and other northern areas and would greatly increase tourism to this City. Dr. Garcia suggested that if the Council does not provide funds for LULAC for the intended purpose, then they should not provide funds for other organizations. Speaking in opposition to the funding was Mr. Jim Ritchey, who expressed the opinion that all of the citizens of this City are tired of the funding for special interest groups. Mr. Ritchey referred to the Charter Amendment Election Conducted on January 20 and suggested that the voting in that election really indicated that the citizens want a tax cut. City Manager Townsend interjected at this point a statement in regard to some of the theories expressed in regard to the results of the Charter Amendment Election. He referred specifically to a statement by Dr. Robert Bezdek of Corpus Christi State University to the effect that there is something statistically and mathetically revealing about the voting in the election. Mr. Townsend referred to a story carried by Channel 3 television which was misleading in the manner in • which Dr. Bezdek was quoted; Dr. Bezdek had made an attempt to have the story rescinded; but Channel 3 had refused to do so. City Manager Townsend contended that people had an opportunity to vote for both amendments; there could have been some confusion; but there was certainly no attempt to confuse the voters. He .tes Regular Council Meeting January 31, 1979 Page 21 reiterated that there is nothing statistically or mathematically wrong with the way the ballot was devised. Mayor Pro Tem Gulley expressed the opinion that he did not feel that the media had implied that the ballot was designed that way. There was no further discussion in regard to the LULAC request for funding of the production of "Siempre en Domingo." * * * * * * * * * * * * City Manager Townsend asked that the Council consider the two items in the City Manager's Reports that had been temporarily withdrawn. In regard to Item "p", which refers to the Tourist Bureau Building addition, City Manager Townsend presented to the Council a copy of the letter from the archi- tect explaining the reason why only one bid was received on the project. Mr. Townsend stated that the bid submitted by Garcia Brothere was certainly in order, but the problem was that the architect did not advise the City that his plans had been revised and the actual estimate for the addition was $103,000. The next item to b@ considered was Item "t", concerning a five-year franchise for Nutmegs Electric Cooperative, Inc. Mr. Douglas Matthews, Director of Public Utilities, located on the map the areas that overlap that could be served by either Central Power and Light Company or Nu@c@s Electric Cooperative. He stated that inside the City limits, Nusess Electric has about 147 customers. City Manager Townsend informed the Council that the company has had the franchise renewed once; the company has not submitted the n@cossary rata changes; end they do have the sbligation to submit such rates with supportive material for their rates and the differential from Central Power and Light rates, Mr. Townsend stated that the ourr@nt rates have been in effect since 1976. Mr, Richard Hamilton, Manager of Nuec@s Electric Cooperative, Inc., stated that the reason the company ha@ not provided the rate schedule with related materia/ was because they were not aware that it was required. City Manager Townsend explained that there 1s no reason why this company should have the sem@ rates no Central Power and Light. He contended that the City should be able to provide acme type of analysis in regard to their rates and sug- gested that Mr. Matthew@ work with Mr. Hamilton on this matter. Minutes Regular Council Meeting January 31, 1979 Page 22 There was no further discussion from the Council or members of the audience on these two items. Motion by Gill that City Manager's Reports, Items "p" and "t" be approved; seconded by Juarez; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances on the agenda. Mayor Lozano called for comments from the audience on the ordinances. Speaking in regard to the ordinance authorizing a contract with the Ayers Wrecker Company, Inc. for the operation of the car pounds was Mr. Norman Brown.. Mr. Brown reminded the Council that he had been employed as a tow truck driver for Mr. Garcia for 10 days at one time and that he had experienced a great deal of difficulty in receiving his wages for the time he was employed. Mr. Brown, there- fore, objected to the approval of this contract award and further informed the Council that he had been told that there are approximately 100 judgments against Mr. Garcia. He related other incidents that have occurred in connection with Mr. Garcia's wrecker company and referred to statements made previously by Mayor Lozano and Mr. Sample that Mr. Garcia should not be a contractor with the City. Speaking on behalf of Mr. Garcia was Mr. Charles Cromwell, Attorney, who expressed the opinion that Mr. Brown's problems should not even be answered because the matter of his wages had been settled by a judge. Council Member Gill mentioned the fact that several citizens had com- plained that their vehicles were damaged when they were taken to the car pound and inquired if the City has a record of these complaints and how they were handled as far as reimbursement is concerned. City Manager Townsend explained that during the intervening period while the City was receiving bids for the second time on this car pound operation, there have been almost no complaints, and the few that were received have apparently been satisfactorily resolved. He also pointed out that it is difficult to prove whether or not a car was damaged by the car pound operator or if it might have been previously damaged. Council Member Gill mentioned the complaints in regard to the Wage and Hour authorities against Mr. Garcia, and City Manager Townsend stated that he did not have that information. Minutes Regular Council Meeting January 31, 1979 Page 23 There were no further comments on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were approved: ORDINANCE NO. 14739: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Sam Rankin Steet from Martin Luther King Drive to West Broadway Boulevard; 2. Winnebago Street from Sam Rankin Street to Brownlee Boulevard and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street from Sam Rankin Street to T. C. Ayers Park; 4. Ramirez Street from North Alameda Street to Waco Street; 5. Waco Street from Winnebago Street to Martin Luther King Drive REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14740: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Sam Rankin Street from Martin Luther King Drive to West Broadway Boulevard; 2. Winnebago Street from Sam Rankin Street to Brownlee Boulevard and from North Staples Street to I.H. 37 Frontage Road; 3. Lake Street from Sam Rankin Street to T. C. Ayers Park; 4. Ramirez Street from North Alameda Street to Waco Street; 5. Waco Street from Winnebago STreet to Martin Luther King Drive. DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD FEBRUARY 21, 1979 AT 7:00 P.M. AT SOLOMON COLES ELEMENTARY SCHOOL CAFETERIA, 924 WINNEBAGO STREET, IN THE CITY OF CORPUS CHRISTI, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was auepended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14741: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: PORT AVENUE (M.H. 102) FROM STATE HIGHWAY 286 TO AYERS STREET REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". Minutes Regular Council Meeting January 31, 1979 Page 24 ORDINANCE NO. 14742: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: PORT AVENUE (M.H. 102) FROM STATE HIGHWAY 286 TO AYERS STREET DETERMINING AND FIXING THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON FEBRUARY 21, 1979, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". FIRST READING: GRANTING TO NUECES ELECTRIC COOPERATIVE, INC., ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC LIGHT, HEAT AND POWER FRANCHISE FOR FIVE (5) YEARS; SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez,and Sample voting "Aye"; Holt, "absent". FIRST READING: AMENDING ARTICLE III SCHEDULES, SECTION 53-250 SCHEDULE I - ONE WAY STREETS AND ALLEYS, SUBSECTION (a-1) BY ADDING THERETO ONE-WAY PROVISION FOR TRAFFIC MOVEMENT FOR ROCKFORD DRIVE, FROM DARCEY DRIVE TO CLIFF MAUS DRIVE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A FIVE (5) YEAR LEASE AGREEMENT WITH THE "PELICAN'S PLEASURE", DBA "CAPTAIN BOOMER'S" FOR THE ESTABLISH- MENT OF A BARGE RESTAURANT TO BE LOCATED ON THE PEOPLES STREET T -HEAD OR THE BARGE DOCK LOCATED AT THE NORTH END OF EAST SHORELINE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO CONTRACT AND A FIVE (5) YEAR LEASE AGREEMENT WITH THE "1908 WHARF CORP." FOR THE ESTABLISHMENT OF A BARGE RESTAURANT TO BE LOCATED ON THE PEOPLES STREET T -HEAD OR THE BARGE DOCK LOCATED AT THE NORTH END OF EAST SHORELINE. - The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". Minutes Regular Regular Council Meeting January 31, 1979 Page 25 ORDINANCE NO. 14743: APPROPRIATING $1,283 OUT OF THE ANTI -RECESSIONARY FUND 151 AS A CONTRIBUTION TO THE GENERAL FUND, REVENUE ACCOUNT NO. 2471; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14744: APPROPRIATING A TOTAL OF $43,004.27 AS FOLLOWS: $ 9,638.13 OUT OF THE N0. 220 STREET BOND FUND $ 39.54 OUT OF THE NO. 245 AIRPORT BOND FUND $13,875.03 OUT OF THE NO. 250 SANITARY SEWER BOND FUND $ 663.89 OUT OF THE N0. 291 PARK BOND FUND $ 7,559.16 OUT OF THE NO. 295 STORM SEWER BOND FUND $ 5,961.58 OUT OF THE NO. 162 FEDERAL/STATE GRANT FUND, ACTIVITY 4736, CODE 502 $ 5,266.94 OUT OF THE N0. 162 FEDERAL/STATE GRANT FUND, ACTIVITY 4741, CODE 502 TO SUPPLEMENT $45,811.02 REMAINING FROM EXISTING CONTINGENCY APPROPRIATIONS APPLICABLE TO VARIOUS PROJECTS AS SHOWN ON THE TABULATION MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING A REIMBURSEMENT OF $88,815.29 TO THE NO. 102 GENERAL FUND FOR ENGINEERING SERVICES PROVIDED DURING OCTOBER AND NOVEMBER, 1978; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, D1az, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE N0. 14745: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTIONS 13-49 AND 53-60 SO AS TO INCREASE THE FEES WHICH A VEHICLE OWNER WILL BE REQUIRED TO PAY IN ORDER TO RECLAIM A VEHICLE FROM THE CITY CAR POUNDS; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". ORDINANCE N0. 14746: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH AYERS WRECKER CO., INC., FOR OPERATION OF THE POLICE CAR POUND AND THE ABANDONED CAR POUND FOR A PERIOD OF THREE YEARS WITH THE OPTION FOR RENEWAL, ALL AS MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was auspandad and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Sample voting "Aye"; Juarez, "Nay"; Gill, "abstaining", and Holt, "absent". ORDINANCE NO. 14747: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED AGREEMENT WITH PADRE ISLAND INVESTMENT CORPORATION REGARDING SUBDIVISION DEVELOPMENT ON PADRE ISLAND DRIVE SO AS TO DESIGNATE NEW COMPLETION DATES FOR UNDEVELOPED SUBDIVISIONS AND TO REVISE THE SCHEDULE OF PAYMENTS TO THE CITY FOR SUBDIVISIONS NOT COMPLETED BY THE REQUIRED DATES, 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"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". Minutes Regular Council Meeting January 31, 1979 Page 26 ORDINANCE NO. 14748: AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL CONTRACT WITH THE STATE DEPART- MENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR ADDITIONAL STATE PUBLIC • TRANSPORTATION FUND PARTICIPATION IN UMTA PROJECT NO. TX -05-0014 IN THE AMOUNT OF 65Z OF THE AUTHORIZED LOCAL SHARE COST, NOT TO EXCEED $86,458, INCURRED FOR CAPITAL IMPROVEMENTS TO THE TRANSIT SYSTEM, 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"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, absent. ORDINANCE NO. 14749: AUTHORIZING THE CITY MANAGER TO SUBMIT AN AMENDMENT TO THE TITLE VII ELDERLY NUTRITION PROGRAM TO THE GOVERNOR'S COMMITTEE ON AGING FOR $431,483 WHICH INCLUDES AN INCREASE IN FUNDS OF $12,415 AND 25 MEALS TO THE PRESENT GRANT WHICH BEGAN ON DECEMBER 1, 1978, FOR A 12 -MONTH TERM, ALL AS IS MORE FULLY SET FORTH IN THE PROPOSAL, IN SUBSTANTIALLY ' THE SAME FORM ATTACHED HERETO, MARKED EXHIBIT "A" AND MADE A PART HEREOF FOR ALL PERTINENT PURPOSES; AUTHORIZING THE EXECUTION OF ALL CONTRACTS, AMENDMENTS AND OTHER DOCUMENTS AS MAY BE NECESSARY IN THE PROGRAM; AND DECLARING AN EMERGENCY. . The Charter Rule was suspended and the foregoing ordinance passed by the following ' vote: Lozano, Gulley, Diaz, Gill, Juarez'and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14750: AUTHORIZING THE CITY MANAGER TO SUBMIT A GRANT APPLICATION TO THE TEXAS DEPARTMENT OF COMMUNITY AFFAIRS FOR THE YOUGH CONSERVATION PROGRAM; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO IMPLEMENT THE PROGRAM, PENDING GRANT APPROVAL; • AND DECLARING AN EMERGENCY. .The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14751: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE BOYS CLUB OF CORPUS CHRISTI, PROVIDING FOR THE AUTHORITY AND CONDITIONS UNDER WHICH THE BOYS CLUB SWIMMING POOL WILL BE REHABILITATED, 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"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14752: AMENDING ORDINANCE NO. 13977, PASSED AND APPROVED BY THE CITY COUNCIL ON OCTOBER 12, 1977 BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO CORRECT AND ADJUST THE ASSESSMENT LEVIED AGAINST THE ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: 1. Wainwright Street, from MacArthur Street to Eisenhower Street; 2. Montgomery Street, from MacArthur Street to Eisenhower Street; 3. Dunbar Street, from MacArthur Street to Greenwood Drive; 4, Halsey Street, from MacArthur Street to Eisenhower Street; 5. Nimitz Street; from South Port Avenue to Eisenhower Street; 6. MacArthur Street, from Tarlton Street to Nimitz Street; 7. Eisenhower Street, from Tarlton Street to Nimitz Street; 8. Goliad Street, from South Port Avenue to Lamar Street; 9. San Jacinto Street, from South Port Avenue to Lamar Street; 10. Sonora Street, from South Port Avenue to Greenwood Drive; 11. Alamo Street, from South Port Avenue to Lamar Street; 12. Lamar Street, Goliad Street to Baldwin Boulevard; and 13. Eastgate Drive and George Street Intersection; -"T) DECLARING AN EMERGENCY. Charter Rule was suspended •and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gi]I? Juarez and Sample voting "Aye"; Holt, "absent". Minutes Regular Council Meeting January 31, 1979 Page 27 Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Richard Rowland, 629 Princess, addressed the Council on behalf of the Northwest Civic League. He reminded the Council that he had appeared before and requested that they consider doing something with the Hilltop County Building which has been offered to the City. Mr. Rowland urged that the use of this building be expedited by the Council, pointing out the various uses that could be conducted in the building. City Manager Townsend informed Mr. Rowland that he would check the file, but that he thought that the County had indicated that if the City desired to use this building as a neighborhood center, they would not object. Mr. Townsend commented that the site of the branch library for this area will be recommended soon. He also explained that the City has considered the Hilltop County Building for some uses, but they do not have any way to finance the maintenance of the building. Mr. Rowland stated that there iu a great deal of growth in that area and oxpreaa@d th@ opinion that if the City acquired the building for future use, some monetary savings could be effected. He assured the Council that the citizens in the area just want to use it as it is and do not expect the City to spend a large sum of money ramadaling the building, indicating that they would be satisfied if the City would just provide maintenance of the building. Council Member Dias suggested that the staff prepare an estimate of the cost to mak@ the building usable, and City Manager Townsend stated that such a report @ould be provided. Mr, dim Ritchey addressed the Council again in regard to the practice of officer@ of the police B@partm@nt visiting bars for the purpose of picking up citizens who are inebriated. Mr. Ritchey expressed the opinion that such visits constitute harassment and suggested that the police offiaera could better serve the City by patrolling the downtown area to make it @af@r. On another matter, Mr. Ritchey referred to illegal certificates of occu- pancy and violations of the building codes that he has brought to the City Manager's attention that exist in Flour Bluff. City Manager Townsend explained that Mr. Rick Martz, Administrative Minutes Regular Council Meeting January 31, 1979 Page 28 Assistant, had spent a considerable amount of time investigating these complaints of Mr. Ritchey's, but unless they have specific violations and the dates they occurred, there is no way that the City has of knowing whether the zoning violations,were in effect prior to the annexation of Flour Bluff. * * * * * * * * * * * * City Manager Townsend informed the Council of several meetings that he needs to attend, and the Council indicated their concurrence. Mr. Townsend also informed the Council that the Library Director, Mr. Donald H. Trottier, has resigned. There being no further business to come before the Council, on motion by Sample, seconded by Gulley, and passed unanimously, the Regular Council Meeting was adjourned at 7:05 p.m. January 31, 1979.