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HomeMy WebLinkAboutMinutes City Council - 02/14/1979PRESENT: Mayor Gabe Lozano, 5r. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Tony Juarez, Jr. Edward L. Sample — MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 14, 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 the Reverend Clint Harris of Wesley United Methodist Church. 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 the issuance of the following proclamations: "NATIONAL ENGINEERS' WEEK" - February 18 thru 24, 1979; and "SERTOMA'S FREEDOM WEEK" - the week of February 19, 1979. Mayor Lozano announced the bid openings on two engineering projects as follows: (a) Construction of the Broadway Wastewater System Improvements Phase II - Corpus Christi Beach Sewers. Plans include construction of three lift stations, abandonment of a number of deep sewer lines, approximately one mile of 8" pipe, 2,200 feet of 10" pipe, 850 feet of 12" pipe, 430 feet of 15" pipe; and 7,000 feet of force main from 6" to 10". The project is the second phase of improvements to the Broadway Wastewater Treatment System. A grant of $715,650 has been received from EPA which represents 75% of the total cost. Mr. James K. Lontos, Director of Engineering and Physical Development, opened and read bids from the following firms: Garney Company, Kansas City, Mo.; Heldenfels Brothers, Corpus Christi; Jalco, Inc., Houston; and W. T. Young, Corpus Christi. Mr. Lontos verified that the required bid security checks and bid bonds had been received from all construction companies. Mayor Lozano stated that the apparent low bidder was Heldenfels Brothers but that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. OROEILMED Minutes Regular Council Meeting February 14, 1979 Page 2 (b) Installation of a 2,000 gallon fuel tank at the Police Building. This project will provide the capability to operate the Police Emergency Operation Center for 30 days on an emergency basis without refueling. The project will be 50% reimbursable through a grant from the Texas Department of Public Safety. City Manager R. Marvin Townsend explained that the complexities of the bidding process and the fact that there are very few companies that handle this type of work has caused the City to not receive any bids. Mr. Townsend further stated that the job is quite small and is just slightly above the amount that requires formal bidding. He suggested that if the Council has no objections and since E.O.C. does not require the formal bidding procedure, that the staff proceed to negotiate with the two or three companies in the City that perform this kind of work by the purchase of the tank and the authorization for the installation through separate purchase orders. None of the Council Members indicated any objection to this procedure. Motion by Diaz that Council Member Joe Holt, who is out of the City, be excused for just cause; seconded by Juarez; and passed unanimously. Mayor Lozano announced the scheduled public hearing on the following matter: (a) Proposed exchange of park and school property with the Corpus Christi Independent School District at Fannin and Travis Elementary Schools. City Manager Townsend informed the Council that this public hearing is required according to State law and that the School District involved must conduct a separate public hearing on the same matter. Mr. Townsend located the existing park land owned by the City near Travis School which now extends primarily along Churchill Street. He then pointed out the area, which will be comparable to the total acreage now contained in the park, which the school proposes to exchange. City Manager Townsend explained that the park has not been developed yet, and this exchange will enable the School District to construct the new school building pro- perly. He noted that this park is Broadmoor Park and the City staff has no objec- tion to this exchange of land. City Manager Townsend then located Edgewood Park, which is located at the rear of Fannin Elementary School, and explained that the proposed new school con- struction will require that a strip of this park land will be crossed with a Minutes Regular Council Meeting February 14, 1979 Page 3 driveway to be used by the school. Mr. Townsend assured the Council that the City will have exactly the same amount of land at both locations if this exchange is approved and explained that this will just enable the School District to more easily plan their construction at both sites. Mayor Lozano ascertained that no one in the audience desired to speak in regard to this matter. Council Member Gill inquired about the method used to send notices to those involved. City Manager Townsend replied that notices were not required, but the 4 proper notices.were published in the newspaper. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. Motion by Diaz that the requested exchange of park land be approved, seconded by Juarez, and passed unanimously. * * * * * * * * * * * * Mayor Lozano announced the public hearing on the following matter: (b) Cohtractual annexation of approximately 8 acres at the intersection of McKenzie Road and the north frontage road of IH 37. The property owner has requested contractual annexation. City Manager Townsend located the area proposed for annexation on the map and stated that the property owner has requested that this be annexed by contract. Mr. Townsend Informed the Council that the zoning case on this appli- cation will be forthcoming to prezone the property prior to formal annexation, if Council approves the annexation. No one spoke in regard to this public hearing. Motion by Diaz that the hearing be closed, seconded by Sample, and passed unanimously. I Motion by Gulley that the contractual annexation of the subject property be approved, seconded by Diaz and passed unanimously. * * * * * * * * * * * * Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanation and recommended that: Minutes Regular Council Meeting February 14, 1979 Page 4 a. A contract for repair of the baggage claim conveyor at International Airport be awarded to TEXAS MATERIAL HANDLING, INC., San Antonio, on the basis of low bid of $5,688.50. Bids were received from two firms. Repairs include replacement of worn rollers and plates. b. Tax roll adjustments for 8/1/78 through 10/31/78 be approved as follows: City of Corpus Christi 1978 Levy Prior Years Tax Levies 8/1/78 $18,774,493 $1,738,659 Recommended changes 8/1/78 thru 10/31/78 (21,881) (10,116) Tax Levies 10/31/78 $18,752,612 $1,728,543 The decrease in the 1978 levy consists of a net decrease of $11,072 in real property and $10,179 in personal property levies. Significant real property adjustments include decreases of $16,037 for 189 homestead exemptions,$148 for 11 disabled veteran exemptions and increases of $254 for 4 properties whose homestead exemptions were no longer valid, $5,458 on one property due to an appraisal error and $672 for three properties supplemented to the roll. Personal property adjustments included an increase of $1,066 for 25 properties supplemented to the roll and decreases of $2,156 for 10 properties when records were presented and $8,278 for 4 properties which were double assessed. c. The house at 3034 Ocean Drive be leased to Mr. William J. Kabboord for $380 per month. Bids were received from 7 individuals and ranged from $250 to $380. The previous rent was $275 per month. d. A contract with Dr. M. Dee Koch, Psychologist be approved to implement the Police Administration Psychological Assistance Grant portion of the 1978-1979 Mini -Grant Award of the Governor's Criminal Justice Division. The contract contemplates $22,640 of psychological services, including counseling trainees and those being disciplined, providing family counseling, and carrying out certain testing activities with the services being billed at $16.88 per hour. e. A $5,000 contract be approved with the Texas Jazz Festival Society for the Society to provide a jazz festival, high school stage band competition and clinics, all free to the public, during July, 1979. The $5,000 is included in the Tourist and Convention Fund budget. f. Getty Oil Co. be granted a permit to drill a 9,600 ft. Corpus Christi Bay well with a "regular" surface location in State Tract 422 and a bottomhole location in State Tract 445 under the fairway of the Intracoastal Waterway. • The proposed surface location is 200 ft. outside of the Intracoastal Fairway and 11,000 ft. south of Port Ingleside. No exceptions to the Bay Drilling Ordinance are requested. g. An agreement be approved with the State Department of Highways and Public Transportation for a multiple use agreement for areas on the John F. Kennedy causeway where baitstands are located. Ten of the twelve baitstand leases are located within the right-of-way of Park Road 22. The Highway Department has indicated that a multiple use agreement is required for these areas. r Minutes Regular Council Meeting February 14, 1979 Page 5 h. An agreement be approved with the School Land Board to renew the lease for areas on the John F. Kennedy Causeway where baitstands are located. The existing lease is for five years, and expires October 24, 1979. The proposed lease would be 20 years or for as long as the School Land Board will approve. City Manager Townsend explained that Items "g" and "h" are connected with the bait stand leases; a multiple use agreement with the State Department of High- ways and Public Transportation is recommended for areas on the John F. Kennedy causeway; and the longer lease for the same area with the School Land Board is recom- mended in order that the City will be able to recommend improvements for the area involved. He pointed out that such improvements as a lift station, rest rooms, etc., are needed for this area. i. A letter of agreement between Bonner McLane Advertising, Inc. of Corpus Christi and the Corpus Christi Industrial Commission be approved. Bonner McLane Advertising was selected by the Corpus Christi Industrial Commission to handle the 1978-79 advertising budget. The agreement provides for the usual 15% agency commission. The advertising budget for 1978-79 is $75,000. The Industrial Development activity ($169,111) is supported by the Navigation District ($40,000) and the Chamber of Commerce ($25,000 plus office and support). J• Recommendation of the Industrial Commission that Creative Concepts Company (Mr. Joe M. Hill) be employed to prepare a six -minute film at a cost of approximately $4,800 be approved. This film will replace the ten-minute film produced In 1974 which is now out-of-date. k. Equipment for Data Processing be purchased from the following firms: MOORE BUSINESS FORMS, Corpus Christi Lot I - Item 1 Detacher/Imprinter $ 7,158 With optional Autoset 784 $ 7,942 Item 2 Inter -Stacker 3,174 TOTAL Lot I $11,116 MILLER BUSINESS FORMS, Corpus Christi Lot II - Item 1 Decollator Total Lot II GRAND TOTAL $ 534 $ 534 $11,650 Bids were received from four firms on the decollator. Only one: bid was received on Lot 1. A price comparison on the detacher/imprinter to one purchased in 1971 indicates an increase of 48%. A price comparison on the decollator to one purchased in 1972 indicates an increase of 17%. The detacher/imprinter and decollator will replace existing seven year-old units used to process payroll checks and tax statements. The inter -stacker will be used to sort utility bills by zip code. Minutes Regular Council Meeting February 14, 1979 Page 6 1. The contract for construction of improvements to the Oso Wastewater Treatment Plant be awarded to Permian Construction Company and Republic Mechanical, a Joint Venture, for $7,411,000, subject to Environmental Protection Agency approval, and $7,550,000 be appropriated including related expenses. The project will enlarge the east half of the plant to increase treatment capacity. Improvements include rehabilitation and enlargement of one half of the mixing tanks, reaeration tanks, clarifiers and chlorine contact chambers and construction of pre -thickeners, aerobic digesters, 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. The project will be funded by a 75% grant approved by the Environmental Protection Agency and 25% by local funds. m. A public hearing be held at 2:00 p.m. during the Regular Council Meeting on February 28, 1979 on the contractual annexation of Lot 1, Blk. 7, Delta Acres Subdivision located south of Saratoga Boulevard between Old Brownsville Road and County Road No. 37. n. The Bid opening date on four 30-35 passenger transit coaches be changed from March 7 to March 21, 1979 at the request of the two prospective bidders. o. The Washington -Coles Area Street Improvement project, Phase I be awarded to APCCO for $504,235.15. The award will cover the water lines ($98,236.75) and paving ($405,998.40). This is a 3rd Year Community Development project. Bids were received on January 24, 1979. Streets included are: Sam Rankin Street from Martin Luther King Drive to West Broadway; Winnebago Street from Sam Rankin to Brownlee and from North Staples to I.H. 37 Frontage Road; Lake Street from Sam Rankin to T. C. Ayers Park; Ramirez Street from North Alameda to Waco; Waco Street from Winnebago to Martin Luther King Drive. The award is recommended prior to the assessment hearing so work can commence on the water lines ahead of the paving. The assessment hearing is scheduled for February 21, 1979. p. An ordinance be passed to continue the 1% City Sales Tax on electricity and gas sales to residential users within the City. House Bill 1, passed by the Second Called Session of the Last Legislature, exempted gas and electricity used for residential purposes from the local 1% tax as of October 1, 1979 unless the local governing body passes an ordinance by May 1, 1979 to continue the 1% tax. The 4% state tax on residential use terminated October 1, 1978. Mayor Lozano called for comments or questions from the Council on the City Manager's Reports. Council Member Gill referred to Item "d" which pertains to the implementa- tion of the Police Administration Psychological Assistance Grant and inquired if an evaluation of this service will be made by the Police Department and the psychologist. City Manager Townsend stated that the Police supervisors will discuss this, and a report will be provided the Council. M,. Utes Regular Council Meeting February 14, 1979 Page 7 Council Member Gill referred to Item "g" concerning the multiple use agreement with the State Department of Highways and Public Transportation and asked about the reason for the multiple use agreement. City Manager Townsend explained that the State Department of Highways and Public Transportation must approve any lease that the City recommends, but this agreement will allow the local Engineer to approve the agreements rather than requiring that they be approved at the State level. Council Member Diaz referred to Item "e", in regard to the Texas Jazz Festival Society contract, and inquired if funds for this organization were pre- viously authorized. City Manager Townsend replied that the funds were appropriated in this year's budget. Mayor Pro Tem Gulley stated that although this is a budgeted item, all budgeted items have to be appropriated. He then expressed his opposition to the grant because this financing is not a proper use of taxpayers' money. Council Member Diaz expressed the opinion that the proper time to dis- continue the funding is during the time the budget is being discussed and adopted. City Manager Townsend explained that the money has already been appropriated, but if the contract is not approved, the organization will not be funded. Council Member Juarez noted that just because funds have been appropriated does not mean that they must be spent. Council Member Sample mentioned that there is a basic difference between this request and the request made by LULAC for funds for the production of "Siempre en Domingo" in that this was included in the budget at the time the budget was pre- pared. Mr. Sample also pointed out that the people involved in the Jazz Festival are dependent upon these funds; they have probably already made commitments that involve this funding; and this is not the time to deny them the use of the funds. He suggested that if the Council desires to discontinue this funding, the time to do it is when the budget is considered for the next fiscal year. Mayor Pro Tem Gulley pointed out that he has voted against this funding every time it has been considered. Mayor Lozano called for comments from the audience on the City Manager's Reports. There was no response. Minutes Regular Council Meeting February 14, 1979 Page 8 Mayor Pro Tem Gulley stated that he would like to speak in regard to Item "p" which pertains to the continuation of the 1% City Sales Tax on electricity and gas sales to residential users within the City. Mr. Gulley expressed strong opposi- tion to this continued sales tax, pointing out that this is an opportunity for the City to return this sales tax to the people. Council Member Diaz expressed the opinion that returning this sales tax to the citizens would provide very little relief for the taxpayers. He suggested that to really effect a meaningful tax relief, then the homestead exemption should be increased from $13,500 to $18,000. There were no further comments in regard to the City Manager's Reports. Motion by Juarez that the City Manager's Reports, Items "a" thru "p," be approved; seconded by Diaz; and passed by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye" on all of the items; Gulley voting "Aye" on all of the items with the exception of Items "e" and "p", on which he voted "No." Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. Mr. Townsend stated that he would like to withdraw the ordinance listed as "d" which pertains to the Gault Aviation, Inc. lease because there are some changes which the lessee has requested which must be discussed by the staff and the Council at a later date. Mayor Lozano called for comments from the Council on the ordinances. Council Member Diaz referred to the ordinance authorizing the Gault Aviation, Inc. lease and pointed out that this is a commercial contract which provides funds for the City. He urged that the differences be resolved as soon as possible so that the contract would be in effect. City Manager Townsend assured the Council that the staff is available to discuss the matter with the lessee at any time and are more than willing to work with Mr. Gault. Council Member Gill referred to the ordinances listed as "g" and "h" which concern the multiple use agreement with the State Department of Highways and Public Transportation and the lease agreement with the School Land Board. She suggested that since the contracts are not ready yet and they will not be needed for several M i.._,.es Regular Council Meeting February 14, 1979 Page 9 months, that the ordinances be withdrawn and the items just be approved as a part of the City Manager's Reports. Mrs. Gill noted that the contracts could be considered at a later date. City Manager Townsend assured the Council that Mr. Bill Hennings, Director of Inspections and Operations, has a copy of a basic contract; the contracts may be ready during the moratorium; and it would be necessary for the City Manager to have the authority to sign the multiple use agreements. Mr. Townsend also explained that if there are any changes, further approval will be requested of the Council at a' later date. Mayor Lozano called for comments or questions from members of the audience on the ordinances. Ms. Helen Wilk, 260 Cape Aron, spoke in opposition to the ordinance grant- ing a lease with the Corpus Christi Cultural Council for the erection of a statue in the bayfront. Ms. Wilk stated that from the first time this matter was discussed, she has felt that the statue was unconstitutional and illegal and that the Attorney General's opinion was not proper. Ms. Wilk expressed the opinion that placing this statue on public land is in violation of the laws concerning the separation of church and state. Ms. Wilk continued by stating that the proponents of the statue claim that the statue will be representative of this City, but she questioned this con- tention because the statue will certainly not represent her nor will it represent many other citizens of the City of Corpus Christi. She noted that the public land on which it will be located belongs to the entire City, of which she is a resident and a taxpayer. Ms. Wilk stated that she has talked to many people who are opposed to this protect and pointed out that no matter what the statue is called, there is no doubt that the statue has religious significance, as was referred to many times during the public hearing held previously. Speaking in favor of the same ordinance was Mr. Bennie Benavides, 2421 Cleo, who stated that he was speaking as founder of the Mexican -American Association. Mr. Benavides presented to the City Secretary a petition, containing 171 signatures, expressing approval of the leasing of public property for the erection of the statue. There being no further discussion on the ordinances, City Secretary Read polled the Council for their votes, and the following ordinances were approved: Minutes Regular Council Meeting February 14, 1979 Page 10 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE WITH THE CORPUS CHRISTI CULTURAL COUNCIL FOR FIVE YEARS, LEASING A SITE ON SUNFISH ISLAND FOR INSTALLATION AND MAINTENANCE OF A BRONZE STATUE COMMEMORATING THE NAME AND FOUNDING OF CORPUS CHRISTI, AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Juarez, and Sample voting "Aye"; Holt, "absent". FIRST READING: CONTINUING IN EFFECT THE CITY SALES TAX ON ONE PERCENT (1%) OF THE SALES PRICE OF GAS AND ELECTRICITY FOR RESIDENTIAL USE OR, IN THE CASE OF LEASES OR RENTALS, OF THE LEASE OR RENTAL PRICE, ON THE SALE, PRODUCTION, DISTRIBUTION, LEASE OR RENTAL OF, AND THE USE, STORAGE OR OTHER CONSUMPTION OF GAS AND ELECTRICITY FOR RESIDENTIAL USE WITHIN THE CITY LIMITS OF THE CITY OF CORPUS CHRISTI, TEXAS; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Diaz, Gill, Juarez and Sample voting "Aye"; Gulley, "Nay"; Holt, "absent". THIRD READING - ORDINANCE NO. 14764: 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 third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Juarez and Sample voting "Aye"; Holt, "absent". ORDINANCE NO. 14765: AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE TEXAS JAll FESTIVAL SOCIETY FOR PRESENTATION OF A FREE JAZZ FESTIVAL, A STAGE BAND COMPETITION AND FREE BAND CLINICS ON JULY 7 AND JULY 8, 1979, 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. 14766: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DR. M. D. KOCH, PSYCHOLOGIST, FOR PSYCHOLOGICAL SERVICES IN REGARD TO THE POLICE ADMINISTRATION PSYCHOLOGICAL ASSISTANCE GRANT, 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. 14767: AUTHORIZING THE CITY MANAGER TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE DEVELOPMENT AND OPERATION OF AN AREA FOR RECREATION, PARKING AND OTHER PUBLIC PURPOSES, SAID AREA BEING WITHIN THE RIGHT OF WAY OF PARK ROAD 22 ON THE JOHN F. KENNEDY MEMORIAL CAUSEWAY, ALL AS MORE FULLY SET FORTH IN THE SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH I5 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 February 14, 1979 Page 11 ORDINANCE NO. 14768: AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE SCHOOL LAND BOARD IN CONNECTION WITH LEASING OF LAND FOR PUBLIC RECREATIONAL USES ON COASTAL PUBLIC LANDS, AS MORE FULLY SET FORTH IN THE LEASE 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. 14769: AUTHORIZING THE CITY MANAGER TO EXECUTE A LETTER OF AGREEMENT WITH BONNER MC LANE ADVERTISING, INC. OF CORPUS CHRISTI FOR INDUSTRIAL DEVELOPMENT ADVERTISING; 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. 14770: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH PERMIAN CONSTRUCTION COMPANY AND REPUBLIC MECHANICAL CORPORATION, A JOINT VENTURE, FOR CONSTRUCTION OF IMPROVEMENTS TO AND ENLARGEMENT OF THE EAST HALF OF THE OSO WASTEWATER TREATMENT PLANT (PHASE 1, CONTRACT 4) EPA #C-48-1214-03, SUBJECT TO APPROVAL AND CONCURRENCE FROM THE ENVIRONMENTAL PROTECTION AGENCY; APPROPRIATING $7,550,000 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, OF WHICH $7,411,000 IS FOR THE CONSTRUCTION CONTRACT AND $139,000 IS FOR LEGAL ADVERTISING, PRINTING, AND CONTINGENCY EXPENSES, APPLICABLE TO PROJECT NO. 250-77-4 OSO PLANT IMPROVEMENTS; 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. 14771: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION COMPANY (APCCO) FOR CONSTRUCTION OF THE WASHINGTON-COLES AREA STREET AND WATER IMPROVE- MENTS PROJECT, PHASE 1; APPROPRIATING $530,000 OF WHICH $102,290.40 IS OUT OF THE NO. 220 STREET BOND FUND AND $427,079.60 IS OUT OF THE NO. 162 FEDERAL/STATES GRANTS FUND, ACTIVITY 4736, CODE 502, THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, $504,235.15 BEING FOR THE CONSTRUCTION CONTRACT AND $25,764.85 BEING FOR ADDITIONAL ENGINEERING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-2.4, WASHINGTON-COLES AREA STREET AND WATER IMPROVEMENTS, PHASE 1; 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". * * * * * * * * * * * * Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. There was no response, and Mayor Lozano declared a recess at 3:00 p.m. Following the Spacial Councll Meeting, Mayor Lozano reconvened the Regular Council Meeting at 5:00 p.m. Mayor Pro Tem Gulley inquired about the Firefighters' petition that reportedly is being circulated calling for a referendum. Mr. Gulley specifically asked about the Minutes Regular Council Meeting February 14, 1979 Page 12 difference between a referendum and an election. City Manager Townsend replied that a referendum and an election are synon- omous in that they are both binding. In a further reference to the petition being circulated by the firefighters, Mr. Townsend stated that the staff is not sure just what they are requesting through the petition. Mayor Pro Tem Gulley stated that apparently it is a petition to amend the Charter. Mayor Lozano referred to the fact that Just about4anybody can request the calling of an election, which is very unfortunate in view of the fact that elections cost the City, and subsequently taxpayers, so much money. City Manager Townsend informed the Council that there is a bill before the legislature to allow the cost of frivolous lawsuits to be charged to the party who brings the lawsuit against cities and pointed out that such legislation should eliminate some of the unnecessary lawsuits. He stated that the legislation does not address itself to elections though. Mayor Lozano again called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Joe Mooney, 535 Lynn Street, addressed the Council in regard to paint- ing addresses on curbs. He explained that he and Mr. Joe W. Stacey have been in the process of painting white squares on curbs adjacent to driveways in residential areas of the City with the intention of calling on the property owner later to place the house numbers on the the painted area, if they desire. Mr. Mooney stated that they do not have an established fee for this work but only request voluntary donations. He pointed out that this type of house numbering assists emergency vehicles in locat- ing addresses. He stated that he and his partner had Just been made aware that a permit from the City Secretary is required for this type of operation and that he had been unable to obtain such a permit because their method of operation was not in compliance with the ordinance pertaining to this. City Manager Townsend informed the Council that there is an ordinance in the Code that specifies the proper procedures to be followed by people painting numbers on curbs. `He stated that the ordinance sets forth the type of paint to be used, the amount to be charged and the permission of the individual property owner must be obtained before anything is painted on the curb. s Minutes Regular Council Meeting February 14, 1979 Page 13 Mr. Mooney then stated that if the Council will approve the method by which he and Mr. Stacey are painting numbers on curbs, he will assure them that they will wash off the white squares at any residence owned by a property owner who does not desire to have the number painted on the curb. City Secretary Read explained to the Council that Mr. Mooney and Mr. Stacey have been in his office to request a permit for this type of operation and were told that such a permit could not be issued unless their method of operation is in com- pliance with the Code of Ordinances pertaining to the painting of numbers on curbs. Mayor Lozano inquired as to why they could not obtain the property owners' permission before painting the curbs. Mr. Mooney stated that they sometimes have difficulty obtaining the owner's permission unless a portion of the work, such as painting the squares, has not already been accomplished. Discussion followed, and several of the Council Members Informed Mr. Mooney and Mr. Stacey that they felt that the ordinance concerning this matter is in order and should be complied with. There being no further business to come before the Council, on motion by Gulley, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 5:32 p.m., February 14, 1979.