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HomeMy WebLinkAboutMinutes City Council - 07/03/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 3, 1979 2:00 P. M. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. Mayor Pro Tem Edward L. Sample gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally cons,it'ted meeting. Mayor Jones announced the issuance of a proclamation designating the month of July, 1979 as "TEXAS JAll MONTH" and noted that the local jazz festival held here in Corpus Christi annually is the only free event of this type in the United States. Mayor Jones then called for the City Manager's Reports. City Manager R. Marvin Townsend presented the following items with related comments and explana- tions and recommended that: a. Bids be received at 11:00 A.M., Tuesday, July 3i, 1979 c,n truck and automotive repair and maintenance items for 6 months for Maintenance Services (City Garage), Transit, and Fire. b. 52,200 pounds of cationic polymer for test purposes in the treating of potable water at the Filter Plants be purchased from AMERICAN CYANAMID CO., Houston, on the basis of low bid meeting specifications of $39,045.60. Bids were received from six firms. The apparent low bids of $11,786.76 by Nalco Chemical Company, Oak Brook, I11. and $29,915.82 by Calgon Corporation of Pittsburgh, did not meet pH, viscosity and molecular weight specifications. Preliminary use of the polymer indicates that chemical costs for water treatment can be reduced because no iron and less lime will be required. c. A replacement 1,000 gallon per minute fire pumper be purchased from SUPERIOR SOUTHWEST, INC.,Dallas, on the basis of low bid meeting specifi- cations of $72,584.02. Bids were received from 3 firms. The pumper will be furnished on a commercial truck chassis. The cost reflect a 12% savings compared to a custom unit purchased in August, 1976. The apparent low bids of $64,567 by the Fire Apparatus Division of Mack Trucks, Inc. of Allentown, Pennsylvania and of $69,074.04, $66,689.13 and $66,603 by Martin Apparatus and Equipment of Houston did not meet various specifications. The unit includes a 60 gallon foam tank and an on -board computer to register the rate of discharge from the pumper's four discharge valves and the total water discharged. Si,';'': Minutes Regular Council Meeting July 3, 1979 Page 2 d. Tools and equipment for the new fire pumper truck be purchased from TEXAS FIRE FIGHTER'S EQUIPMENT CO., New Braunfels, on the basis of low 131d-7-- $4,303.26. idoi"$4,303.26. Bids were received from 3 firms. The equipment includes such items as ladders, suction hose, fire axes, fire extinguishers and connections. e. McMoRan Exploration Co. be granted a permit to drill a directional well with a regular surface location 2,950 ft. south of the ship channel centerline and approximately midway between Port Ingleside and Port Aransas in State Tract 350 of Corpus Christi Bay. The well #2 bottomhole location will be 9,000 ft. beneath the ship channel Fairway. No exceptions to the Bay Drilling Ordinance are requested. City Manager Townsend explained that the only value the City receives from mineral leases is the permit fee and the tax realized from the value of the mineral stream emitting from the well. Council Member Diaz suggested that the City might consider the possibility of increasing the amount of the permit fee. Mayor Jones asked the City Manager if an estimate of the earnings from oil leases had been prepared, and City Manager Townsend presented a Co.:nci1 with copies of the report of the revenues received from oil and aas-.:tiviLies within the City. f. Plans and specifications be approved and bids be rece•ven on August I, 1979 for work on the following streets; Driscoll Drive from Agnes to Kenwood Kenwood from Driscoll to Longview West Bluebonnet from Driscoll to Longview West Villa Drive from Quaile Drive to Baldwin This work is part of the Access to Older Neighborhoods project approved in the 1977 Bond Program and is Intended to improve main a^-rances to some of the older neighborhoods where the access is not of the same quality cons- truction as the streets within the neighborhood. City Manager Townsend explained that there are a number of subdivisions on the near west side of the City off the expressway that need to be improved. He stated that the subdivisions involved are usually improved up to standard with the exception of the access streets, which are in need of improvements. Mr. Townsend located the various streets included in this particular project on the map and informed the Council that other streets will be improved in other projects in the future. City Manager Townsend further stated that the impro,oment of these streets will include paving assessments to be paid by the abutting property owners. City Manager Townsend proceeded to ex,iaan the City's paving assessment policy, stating that after the bids are received, a public hearing on the preliminary MinL Regular Council Meeting July 3, 1979 Page 3 assessments will be set and conducted. Hr. Townsend stated that the assessments are based on the front footage of the abutting property; the maximum charge for residen- tial property is $4.75 per linear foot for curb, gutter and pavement and $.75 per square foot for sidewalks; and driveways are installed at the property owner's request, but these are paid for by the owner. g• A gas line easement in Lot 12, Block 2, Central Wharf and Warehouse Addition be abandoned. The Gas Division has no existing or proposed gas lines in the ease- ment and has no objection to the closure. Lot 12 fronts on N. Carancahua St. between Cooper's Alley and Kinney St. The easement was granted in 1941 with the grantor having the right to revoke the easement upon 3G days written notice. The property is being sold. The owner has requested City concurrence in the closure to avoid title problems. h. The Nueces Bay Boulevard from IH 37 to W. Broadway and Airport Rd. from Morgan to Agnes Street Improvements be accepted for maintenance by the City and $9,316 be appropriated for the City's additional share of construction cost ($1,462 on Nueces Bay Blvd. and $7,854 on Airport Rd.). Both were in the State's Urban Systems Program. The City has previously placed $213,900 in escrow with the State. Total City cost for construction and engineering, as determined by final quantities, is $223,216 ($101,862 for Nueces Bay Blvd. and $121,354 for Airport Rd.) The final assessment roll, totaling $194,272.61 for both projects, was adopted May 16, 1979. Total cost was $843,429.07. Council Member Diaz commented that an excellent job had been performed on the improvements to Airport Road and asked for the name of the contractor. (Later in the meeting, Mr. Townsend informed Mr. Diaz that APCCO was the cent:actor.) i. Parcel 1 of the International Airport Land Acquisition Project be acquired from Mr. Joseph P. Kocurek, et al, for $352,398.38 of which $350,613 is for acquisition and $1,785.38 for closing costs. The owners have agreed to sell their entire acreage on the east side of Bockholt Road, containing 116.871 acres at the appraised value. The acquisition is eligible for Federal par- ticipation. This property is located east of Buckholt Road fronting on S.H. 44. An appropriation of $126,493.90 is needed to supplement previous appropriations. City Manager Townsend located the areas proposed for acquisition on the map and noted that the owners of Tracts 3 and 4 have indicated that they do not desire to sell their property at this time; they wish to continue to farm it; and it is in the City's best interest that they continue to farm it as long as they do not intend to use it for some other purpose. He further stated that FAA would participate in all of the acquisition; the City's portion of the costs is available from a previous authorization to acquire the two tracts mentioned; but since the owners of those tracts do not wish to sell them at this time and there are no inheritance problems with the property, previous Councils and the City staff have contended that there is no reason to expedite the purchase of these tracts at this time. Council Member Turner inquired if the land to be acquired now is under culti- vation at this time. City Manager Townsend replied that it is; there:are no plans for the owner to continue to farm the land; but the Council can approve the leasing of land for agricultural purposes at a later date. Mr. Bill Wilder, Airport Manager, explained to the Council that the present owners of the property have not indicated that they desire to continue farming the land but he assumes that they would like to do so. Mr. Wilder stated that the City Minutes Regular Council Meeting July 3, 1979 Page 4 has, on two occasions, leased farm land on a competitive bidding basis and that one of the leases proved to be very successful and one had not. He indicated that it is more advantageous to allow the former property owner to continue farming the land after it is sold. City Manager Townsend stated that a recommendation pertaining to the farm- ing of this property will be presented to the Council at a later date. Council Member Zarsky asked for details about the appraisal of the property. City Manager Townsend informed him that Mr. Sidney Smith prepared the apprai- sal; the value of the property was established to be $3,000 per acre; but stated that a copy of the appraisal will be obtained from the Department of Engineering and Physical Development for the Council to read. Mr. Townsend continued his explanation by stating that the value of different tracts of lani in the area of the airport varies a great deal, dependent upon the location and its proximity to major streets and highways. J• A five year lease agreement be approved with the Oso .ittle-Senior League, leasing to the League a 16 acre tract of land in Sour, Guth Park for conducting a baseball program. Previously, there were two leases - one with the Oso National Pony League and one with the Oso Little League. The two organizations have now merged. Both current leases expired June 26, 1979. k. The lease agreement with the Central Park Little League for a 4.1 acre tract in Price Park for a Little League baseball field be renewed for 5 years. The current lease expired June 5, 1979. Council Member Turner inquired if residents of adjacent neighborhoods are given notice of the fact that such leases are going to be renewea. City Manager Townsend replied that it would be very difficult to notify everyone in the neighborhood of the various leases, but pointed out that the ordi- nance authorizing the lease renewals is on a three -reading basis, which allows ample time for anyone in opposition to address the Council. Mr. Townsend indi- cated that it might be possible to notify the residents in the affected area, but the response of the property owners would be governed by the wording of the notice that is sent. He assured the Council that the leases can be revoked with six months' notice by either party and also pointed out that thea two leases have been in existence for many years. Council Member Best noted that the baseball fields are actually fenced and stated that it was his understanding that many of them are locked when not in Minutes Regular Council Meeting July 3, 1979 Page 5 use by the leagues that are leasing them. Dr. Best commented that such a practice is apparently in violation of the lease agreement with the various leagues. City Manager Townsend assured the Council that nothing in the parks except the press boxes and concession stands are supposed to be locked because the other facilities should be available for use by other citizens. Mayor Pro Tem Sample agreed that all of the fields should be open and available for the public use but pointed out that there is a lot of vandalism, and it would seem reasonable that the lessee might have reason to lock some of the fields that are leased. 1. McCaughan, Etheridge & Webb be employed to provide engineering services for the expansion of the 0. N. Stevens Water Treatment Plant. A 48 million gallons per day expansion with overload of 72 MGD is planned, including raw water pumps, mixing and settling basins, filter, chemical storage, sludge handling facilities, electrical power substation, laboratory facilities, production office building and related plant improvements. An approp „ ation of $675,000 is requested for estimated engineering services of $660,000 and $15,000 for testing, surveying and other related work needed during design. City Manager Townsend referred to the discussion previously held by the Council on the method of selecting consultants for City projects and stated that during the past few years for civil engineering work, the staff makes specific recommendations to the Council for the employment of certain firms. Mr. Townsend noted that there are a number of firms that have recently opened local offices, and they may have some question about the method used by the City to employ engi- neering firms. City Manager Townsend informed the Council that for this particu- lar project, the firm of McCaughan, Etheridge & Webb seems to be extremely well qualified since Mr. McCaughan was associated with the firm under a different name at the time the water treatment plant was designed; therefore, the members of this company are very familiar with the City's water plant. Council Member Diaz expressed the opinion that the fee is rather excessive since the project is just an expansion design. City Manager Townsend explained that the engineering firm will have to employ the same design methods as would be necessary for the design of a complete plant. Mr. Townsend stated that the fee is 6% of the total project cost, which is the usual rate for this type of project. Minutes Regular Council Meeting July 3, 1979 Page 6 Mr. James K. Lontos, Director of Engineering and Physical Developmert, fur- ther explained that this fee includes the entire process and the various phases consist of the preliminary report, which must be adopted by the Council before further work proceeds; the consultants will present a report to the City on a monthly basis; and payments of the fee will continue throughout the entire pro- cess. Mr. Lontos stated that the design will be completed in approximately one year; the construction phase will be completed in approximately two years; there- fore, the entire project will not be completed for at least three years. He informed the Council that the engineering firm will be in charge of the project for this three-year period. Council Member Zarsky noted that the fee is based on 6% of the estimated project cost, which would indicate that the expansion will cost an estimated $11,000,000, and inquired if this will take care of the City's future needs. City Manager Townsend assured the Council that this expansion project will increase the City's capacity to treat water by two-thirds, and the plans should take care of the City's projected needs for water. Further discussion followed, and City Manager Townsend stated that the City's water supply at Lake Corpus Christi at Mathis is adequate until the Choke Canyon facility is completed in 1982. Mayor Jones expressed agreement with the recommendation, noting that this is an essential item for the City. Mayor Pro Tem Sample stated that he feels that the City should rotate their engineering projects to different firms, but that he agrees that this particular firm is very well qualified for the plant expansion project. m. The consulting engineering firm of Ogletree & Gunn be engaged to provide engineering services in connection with the Kennedy Causeway Improvements Project and $20,800 be appropriated. This 1977 bond election project includes construction of a lift station, force main, gravity sewers, restroom facilities and parking lot to serve the recreational areas along the Causeway. City Manager Townsend stated that the City staff recommends the employment of this firm because the engineers are well qualified to work in water oriented areas. Council Member Zarsky inquired if this appropriation is also based on a 6% fee, and Mr. Lontos replied that this is a fixed cost because usually the Minutes Regular Council Meeting July 3, 1979 Page 7 smaller the job, the higher the percentage the fee represents. Mr. Lontos also pointed out that the members of this firm will also perform special services that involve diving during the design of the improvements. Council Member Zarsky asked for a further explanation of the method of selecting engineering firms and inquired if the City informs other engineering firms of the type of work that is required so that they can present a proposal. City Manager Townsend explained that Mr. Lontos maintains a file of every engineering firm that has indicated an interest in performing City work, and the firms provide updated information for the City's files. Mr. Lontos stated that the staff does not always notify every firm each time they have a project but they do attempt to rotate the work among qualified engineering firms. He further explained that this particular firm was recommended partly because they are quite experienced in water oriented projects and also because they have not had a contract with the City since 1970. City Manager Townsend assured the Council that the staff makes every effort to rotate the work, but they must also be sure that the firm recommended is well qualified for the type of work required. Mayor Pro Tem Sample stated that he would hesitate to place Mr. Lontos in the position of being forced to always rotate every job with the City, but speak- ing as a policy maker, he would like to request that Mr. Lontos use as many local firms as possible if they are qualified. Mr. Lontos assured the Council that this criteria has been followed in the past, and the staff will continue to attempt to use as many local firms as possible. Mayor Jones asked for an estimate of the amount of money spent each year by the City for engineering work, and City Manager Townsend replied that this total is approximately $1,500,000 per year. n. A hearing be held on July 11, 1979 on the appeal from the decision of the Planning Commission requiring a 15 -foot drainage easement on the plat of The Meadows, located south of Holly Road at Sean Street. o. Bids be received at 11:00 A.M., Friday, July 20, 1979 for 1,550 replacement stacking chairs and 4 dollies for the Coliseum. City Manager Townsend requested that Mr. Bill Hennings, Director of Inspec- tions and Operations, display samples of the chairs on which bids will be received for use in the Coliseum. Minutes Regular Council Meeting July 3, 1979 Page 8 Mr. Hennings briefly summarized the merits of the chairs and stated that eight bidders are qualified to bid on the item; the staff recommends the purchase of royal blue plastic molded stacking chairs, which are the same color as the chairs in use at the Bayfront Plaza Auditorium; and stated that the price range is from $17 to $30. Council Member Best asked about the durability of the plastic ganging type of chairs proposed, and Mr. Hal Peterson, Convention Center and Auditorium Manager, assured the Council that he has had a great deal of experience with this type of chairs and has had very little trouble with them. The Council Members offered no objection to the type of chairs recommended. An assignment of the lease agreement for a fixed base hangar operator at the International Airport from Mr. Scott Bledsoe, Jr. and Bledsoe Aviation, Inc. to Chaparral Aviation, Inc. be approved. It is also recommended that the current lease agreement be amended to provide for a new 30 -year lease upon construction of additional hanga.- improvements. The assignment of lease between Corpus Christi Bank and Trust Company, Trustee, and Mr. M. Anthony Feher and Mrs. Toy Mason Smitn (Corpus Christi Aviation) for a commercial fixed base hangar lease at International Airport be terminated and an assignment of a lease agreement for the same area between Corpus Christi Bank and Trust and Mr. Charles N. Rayburn be approved. City Manager Townsend explained the procedure for leasing space for the private fixed base operators with Corpus Christi Bank and Trust designated as the trustee. He stated that Gault Aviation has not decided whether they want to renew their lease or request approval of an assignment of lease. Mayor Jones requested background information in regard to Chaparral Aviation, Inc., and Mr. Wilder, Airport Manager, replied that this company has been in busi- ness for ten to twelve years in several cities in Texas, and they have been very successful, noting that they have the Beechcraft franchise. Mayor Jones ascertained that no one in the audience desired to speak in regard to the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "a" thru "q," be accepted; seconded by Diaz; and passed by the following vote: Jones, Sample, Best, Diaz, Dumphy and Turner voting "Aye" on all of the items; and Zarsky voting "Aye" on all of the items with the exception of Item "n" on which he abstained. p• q• Minutes Regular Council Meeting July 3, 1979 Page 9 Mayor Jones called for consideration of bio security requirements for City construction contracts. Motion by Dumphy that the bid security required for City contracts, includ- ing the bids authorized by the Council as a part of the City Manager's Reports during this meeting, be changed from a bid security (cashier's) check to a 5 percent bid bond. The motion was seconded by Council Member Best. Mayor Pro Tem Sample stated that before the vote on this motion is taken, he would like to have a statement from the staff in regard to this matter. City Manager Townsend replied that the staff recommendation remains the same as it was previously and reminded the Council that the City had been unsuc- cessful on three occasions in dealing with bid bonds. Mayor Jones called for the vote on the motion, and it passed unanimously. * * * * * * * * * * * * * * * * Mayor Jones called for consideration of the selection of an auditor for 1979-80. He explained that the Council had discussed this extensively and had decided to employ Arturo Vasquez & Company to audit the Federal portion of the City's budget and Wendt, Perrin, Mote & Barnett be employed to audit the City portion of the budget. Motion by Diaz that the Council approve the selection of Wendt, Perrin, Mote & Barnett to prepare the City audit and Arturo Vasquez s Company to prepare the Federal portion of the audit; seconded by Zarsky; and passed unanimously. City Manager Townsend pointed out that there is a possibility that on somm Federal grant projects, proposals may be required separately. * * * * ., * * * * * * * * * * Mayor Jones noted that the next item on the agenda called for a closed meeting to discuss pending litigation. City Manager Townsend stated that there is really no reason for this matter to be discussed in a closed session because an agreement has been reached to settle the lawsuit, if Council agrees. He explained that the matter involves the resolution of a rather complex claim imvolving an injury of a City police officer, Sergeant Claude Blackwell, when his vehicle was struck from the rear by a truck owned by the Pepsi-Cola Company; the accident occurred in 1975; Sergeant Blackwell has settled the case with the bottling company and this settlement included a number of "set asides" by the court. Mr. Townsend further explained that the litigation in which the Minutes Regular Council Meeting July 3, 1979 Page 10 City has become involved concerns Sergeant Blackwell's sick and injury leave and workmen's compensation. City Manager Townsend stated that the City's Legal Depart- ment has recommended a settlement rather than the pursuit of the matter through the courts, and the settlement specifies that Sergeant will receive $13,000 from the registry of the court, and the City will receive the remainder, $10,810.38, with interest accruing to those amounts to be divided pro rata; the City will pay Sergeant Blackwell for 90 days sick leave at the termination of his employment; Sergeant Blackwell will agree to release the City from all claims as to sick and injury leave and workmen's compensation; and he has agreed to retire immediately. Mayor Jones pointed out that the only alternative to this settlement would be to continue to pursue the lawsuit, which would be very expensive for the City. Council Member Best inquired of the City Attorney if he is satisfied with the settlement, and City Attorney Aycock replied that it is a settlement th0t he can live with. Motion by Best that the City Council approve the settlement as recommended by the staff, seconded by Diaz, and passed unanimously. Mayor Jones called for a motion to conduct a closed session for the purpose of discussing the appointment of Municipal Court Judges. Motion by Sample that the Council convene in closed session as allowed under Article 6252-17, (2.g) of V.A.C.S.; seconded by Diaz; and passed unanimously. The Council then convened in closed session at 3:50 p.ni. ., .. * * .. .. * * ,. * ,. .. * * * .. Mayor Jones reconvened the Regular Council Meeting at 4:17 p.m. and stated that in accordance with the City Charter, he would like to place before the Council for confirmation the following for appointment to serve as Municipal Court Judges: Joe Alsup (Presiding Judge of Municipal Court), Bill Monkres, Jose Gonzalez and Joe A. Garza. Motion by Sample that the Council confirm the appointments as listed, seconded by Diaz, and passed unanimously. Minutes Regular Council Meeting July 3, 1979 Page 11 Mayor Jones announced the following pending zoning case: Hr. Lynn Bennett from "B -l" to "B-4" on the northeast corner of the Crosstown Expressway and Baldwin Boulevard. This application was heard on June 13, 1979. A special permit was approved for an auto transmission shop with existing signs, including a 4' x 24' roof top sign, a 4' x 24' canopy sign and a 4' x 6' x 20' high free-standing sign at the intersection of Baldwin and Prescott Streets. The Planning Commission recommended the special permit with only a free-standing sign at the intersection of Baldwin Boulevard and Prescott Street. City Manager Townsend briefly reviewed the application as it was discussed during the public hearing and presented to the Council a revised site plan which included the signs as listed above. Motion by Best that the site plan presented by Mr. Lynn Bennett for the property located on the northeast corner of the Crosstown Expressway and Baldwin Boulevard be approved, seconded by Zarsky, and passed unanimously. * * * * * * * * * * * * * * * * City Manager Townsend reminded the Council that a letter had been received from County Judge Robert Barnes suggesting a joint meeting between the Council and the County Commissioners regarding the administration and financing of the Nueces County Mental Health and Mental Retardation Center. City Manager Townsend explained that the basic sponsorship of the center by the City and Nueces County was established in 1975 and that under the terms of the agreement, the City and the County must approve all aspects of the operation. He continued his explanation by stating that in September, 1978, the County agreed to assume sponsorship and appoint all members of the MH -MR Board so that the operation of the center would be responsible to only one entity, but the City would continue the funding and would jointly approve the budget with the County. Mr. Townsend gave a brief dunmary of the organization's operation prior to 1975. City Manager Townsend noted that the organization's budget for the current year included sharing of costs by the City and County in the amount of $60,000 each; the City decreased its amount to $40,000 so that the other $20,000 could be allo- cated by the City to the Industrial Development program, in which the County is not directly involved. Mr. Townsend stated that in the current year's budget, as explained in a memorandum from Budget Director Mark Gresham, the amount requested from the City by MH -MR is $59,000. Mayor Jones indicated his agreement to the principle of having MH -MR under one governmental entity but questioned the amount of money requested from the Minutes Regular Council Meeting July 3, 1979 Page 12 City for funding for this agency. Mayor Jones suggested that the joint meeting be set up with Judge Barnes, possibly on a Wednesday during the lunch hour. City Manager Townsend stated that this meeting will be set up as soon as possible. Mayor Jones called for the ordinances. City Manager Townsend briefly described the ordinances listed on the agenda, including the resolution pertain- ing to the policemen/firefighter petition, which had been added to the agenda. In regard to this ordinance, City Manager Townsend stated that Mr. David Perry, Attorney, had requested that the passage of this resolution be postponed for one week, but that later, he called and left a message for Assistant City Manager Archie Walker to the effect that a letter requesting such a delay would not be forthcoming prior to the Council Meeting. Council Member Zarsky stated that he had received the same request to withdraw the resolution, and as far as he knew, Mr. Perry had not withdrawn that request. Mr. Zarsky indicated that he would hesitate to vote on the resolution until he had definite information that there was no objection to passage of the resolution this week on an emergency basis. Assistant City Manager Walker stated that he would call Mr. Perry again to determine exactly what his position is at this time on the passage of the resolution. Council Member Diaz referred to the same resolution and expressed concern about the wording of the resolution in that the caption includes the words, "We find it to be legally insufficient," and suggested that the caption be changed. City Attorney Aycock stated that the statement meant that the petition is legally insufficient or inadequate to require an election, but that the wording could be changed. Further discussion followed, and the wording of the resolution was changed prior to the passage of the ordinances. * t, t is * * .. .. .. .. .. .. .. * * .. Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Mike Zepeda, Business Agent for AFSCME, stated that he was appearing Minutes Regular Council Meeting July 3, 1979 Page 13 as representative of public employees in this area and particularly on behalf of the employees of the City's Street and Sanitation Divisions. Mr. Zepeda asked that the Council specifically consider the low salaries paid to employees in these two divisions when they are considering the budget for the next fiscal year. Mr. Zepeda alleged that the salaries paid them are inadequate for even a minimum stan- dard of living for a family of four; the employees in the Sanitation Division work under adverse conditions; absenteeism in the division is high; employee turnover is especially high; and this group of employees should be upgraded in order to alle- viate the employee turnover, which would in turn effect a savings for the City. Discussion of this matter followed, and Council Member Best noted that the City had been approached by two companies that requested that the City consider a contract type of program for sanitation services and inquired of Mr. Zepeda if this might not solve the problem. Mr. Zepeda admitted that this might solve the City's problem, but it would certainly not help the sanitation workers. In regard to the letters offering to handle the Cit.is sanitation services by contract by private companies, City Manager Townsend indicated that the staff would be glad to respond to those letters. Mayor Jones informed Mr. Zepeda that he had heard many comments to the effect that the sanitation workers perform a fine job and assured him that the Council would like to pay City employees as much as possible to keep them satis- fied with their jobs. Mr. Zepeda reiterated that the turnover in this division is very costly to the City. City Manager Townsend stated that he felt that the turnover in the divi- sion is relatively low, because oftentimes when lower positions are vacant, it is because of promotions to better positions within the department. He also pointed out that their salaries are based on 44 hours per week, but their work is completed upon route completion, and they may not work more than 34 to 35 hours. Council Member Diaz requested that the Council be provided with a report on the salaries for similar positions in cities of approximately the same size as Corpus Christi. Minutes Regular Council Meeting July 3, 1979 Page 14 Assistant City Manager Walker interjected at this point that he had spoken with Mr. David Perry personally in regard to the resolution previously discussed, and Mr. Perry had confirmed the fact that there will be no letter of equest for a delay in passage of the resolution regarding the petition for a Charter Amendment Election. Addressing the Council on another matter was Mrs. Margaret Knodell, Chairman of the Board of the Women's Shelter. Mrs. Knodell introduced Mrs. Sue Dyke, who is the Director of the Shelter and stated that she was present before the Council to request that this organization be included in the City's budget for funding for next year. Mrs. Knodell explained that the shelter is designed as an emergency agency to assist battered wives who are in real danger. She displayed a photograph of one of their clients who had been beaten by her husband to illustrate the condition of some of the women who seek their services. Mrs. Knodell expressed the opinion that the City, the County and the community have a responsibility to provide an emer- gency refuge for people who are gravely injured or are in danger.She assured the Council that they are performing a very necessary service for the community and they work with other agencies on a referral basis. She summarized by requesting that the City authorize funding in the amount of $12,000 for the next year in order that they may continue to provide a shelter for women who are in need of help. funding. Mayor Jones inquired if the shelter intends to apply for United Way Mrs. Knodell replied that 1981 would be the first year they could qualify to apply for funding from United Way. Council Member Turner asked if LEAA grants had been considered or if they had requested funding from MH -MR. Mrs. Knodell explained that there are various other rehabilitation agencies to which their clients are referred and stated that it is her understanding that if they are funded by MH -MR, they would be required to provide counseling and other services, which would require many more employees than they have at this time. Minutes Regular Council Meeting July 3, 1979 Page 15 City Manager Townsend stated that it was his understanding that the State planned to provide funds for women's shelters that were currently operated in this City and various other cities. Mrs. Knodell stated that $200,000 in State funds was approved by the Legislature; it is for a matching fund program to be distributed through the Department of Human Resources; if this amount is to be allocated, this particular center would only receive $12,000, and they do not know yet whether or not they will qualify for these funds. Mrs. Knodell assured the Council that the center is performing an excellent job at a minimum cost, and they are just requesting $12,000 for the upcoming year. Mrs. Betty Brandesky, 4017 Cork Street, addressed the Council in regard to property taxes. She expressed opposition to the large increase on valuations made on residential property; noted that according to an article in the Corpus Chris,i Caller -Times, commercial has not increased as much as personal property; questioned the accuracy of the revaluations made by the City's tax appraisers; referred to the fact that the Council had agreed to defer taxation of farm property according to productivity until next year; and expressed the opinion that it should be changed this year in order to allow for a reduction of taxes on residential property. Mayor Jones thanked Mrs. Brandesky for her presentation. Mrs. Retta Keeney, 412 Eldon Circle, appeared before the Council again in regard to the delapidated structures that had been moved onto the property across the street from her residence. Mrs. Keeney stated that she spoke at the Council meeting three weeks ago; the City has taken some action to alleviate the situation; the Neighborhood Improvement Division has filed against the property owner; but evidently, this process takes some time to accomplish any action. Mrs. Keeney referred to City building permits which allow six months for construction and again expressed the opinion that renovation or restoration permits should be issued for a shorter period of time than the six months now allowed. She noted that the structures under discussion could be sold, and the new owner could con- ceivably have an additional six months in order to restore the unsightly buildings. City Manager Townsend informed the Council that Neighborhood Improvement Division has started the process to have something done to improve the structures, Minutes Regular Council Meeting July 3, 1979 Page 16 but that he would have to verify the status of the court action. He referred to Mrs. Keeney's suggestion that the Code be amended to allow for a shorter period of time for renovation of houses when building permits are issued and indicated that there might be problems if this is done. Council Member Zarksy stated that he did not feel that the six-month period of time should be reduced because frequently permits are obtained for the renova- tion of large buildings that would require that long for the work. Mrs. Keeney stated that she did not feel that a shorter period of time would pose a problem for the property owner who had obtained a building permit because the City is very lenient in granting extensions of permits. Mayor Jones asked Mrs. Keeney how this matter is affecting her personally. Mrs. Keeney stated that her residence was on the market for sale, and because of the unsightly conditions of the structures which were moved onto the property across the street, the value of her property had been greatly reduced. She stated that her house has been sold at this time, but she felt that the sell- ing price would have been greater if the houses across the street had not been there. Mayor Jones thanked her for her presentation. * * * * * * * y * * * Council Member Diaz stated that he would like to present a matter for Council consideration and suggested that signs prohibiting overnight campers from parking on the T -Heads be erected. City Manager Townsend explained that there is a general rule about the supervision of parks; the Park Board discussed the possibility of passing a camp- ing ordinance, but had not made a recommendation. He agreed that there is a prob- lem with overnight campers in some parks, and possibly the Park Board should consider recommending such an ordinance. Mr. Townsend stated that in several of the City's parks, there is no objection to overnight camping by Boy Scouts and similar groups and suggested that if an ordinance prohibiting camping is passed, these groups would suffer also. Council Member Diaz suggested that the staff consider the installation of such signs only on the L -Head and T -Heads. Minutes Regular Council Meeting July 3, 1979 Page 17 Mayor Jones ascertained that no one in the audience desired to speak in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO LITTLE -SENIOR LEAGUE, LEASING TO SAID OSO LITTLE -SENIOR LEAGUE A 16 -ACRE TRACT OF LAND IN SOUTH GUTH PARK FOR THE PURPOSE OF CONDUCTING A LITTLE -SENIOR LEAGUE BASEBALL PROGRAM, 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". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE CENTRAL PARK LITTLE LEAGUE, LEASING TO SAID CENTRAL PARK LITTLE LEAGUE A 4.10 -ACRE TRACT OF LAND IN PRICE PARK FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A11 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A MODIFICATION OF LEASE AGREEMENT WITH CORPUS CHRISTI BANK AND TRUST COMPANY, TRUSTEE, THE SMALL BUSINESS ADMINISTRATION, AND CHAPARRAL AVIATION, INC., COVERING COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, MODIFYING THE EXISTING ASSIGNMENTS AND LEASE AGREEMENT, AND PROVIDING FOR A NEW THIRTY (30) YEAR LEASE UPON COMPLIANCE WITH ARTICLE VIII, SECTION 2(c) BY CHAPARRAL AVIATION, INC., ALL AS SHOWN IN THE MODIFICATION OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" I FIRST READING: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT OF LEASE AGREEMENT FROM CORPUS CHRISTI BANK AND TRUST COMPANY TO CHARLES N. RAYBURN, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE ASSIGNMENT OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT hi". The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Ayer SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MRS. RUTH SPARKS FOR THE RENTAL OF LAND AND BUILDING FOR THE TAX OFFICE AT 520 LAWRENCE STREET FOR THE PERIOD BEGINNING JUNE 1, 1979 THROUGH NOVEMBER 30, 1982, AT A MONTHLY RENT OF $1,500, 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 foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting July 3, 1979 Page 18 ORDINANCE NO. 14971: CLOSING AND ABANDONING THE RIGHT-OF-WAY EASEMENT FOR GAS LINE PURPOSES, DESCRIBED AS APPROXIMATELY TWO FEET SOUTH OF THE NORTH LINE OF LOT 12, BLOCK 2, CENTRAL WHARF AND WAREHOUSE ADDITION TO THE CITY OF CORPUS CHRISTI, AS MORE PARTICULARLY DESCRIBED ON THE PLAT OF TH. SL.ID PROPERTY, CCPY OF WHICH 15 ATTACHED HERETO, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14972: APPROPRIATING $9,316 OUT OF THE NO. 220 STREET BOND FUND FOR THE CITY'S PORTION OF CONSTRUCTION COST OVERRUNS ON THE NUECES BAY AND AIRPORT ROADS STREET IMPROVEMENT PROJECTS AS CERTIFIED BY THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION, PAYABLE TO THE TEXAS STATE TREASURER, ACCOUNT OF TRUST FUND NO. 927, SUPPLEMENTING THE CITY'S $213,900 PREVIOUSLY PLACED IN ESCROW WITH THE STATE, OF WHICH $1,462 IS APPLICABLE TO PROJECT NO. 220-77-7, NUECES BAY BOULEVARD, I.H. 37 TO WEST BROADWAY, AND $7,854 IS APPLICABLE TO PROJECT NO. 220-77-8, AIRPORT ROAD, MORGAN TO AGNES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14973: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1, INTERNATIONAL AIRPORT LAND ACQUISITION PROJECT, N0. 245-72-1; APPROPRI- ATING OUT OF THE NO. 245 AIRPORT BOND FUND $126,493.90 TO SUPPLEMENT FUNDS PREVIOUSLY APPROPRIATED BY ORDINANCE NO. 13969, PASSED AND APPROVED ON OCTOBER 5, 1977, WITH A TOTAL ACQUISITION COST FOR THIS PARCEL OF $352,398.38, OF WHICH $350,613 IS FOR ACQUISITION AND $1,785.38 IS FOR INCIDENTAL EXPENSES RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE N0. 14974; AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH mcCAUGHAN, ETHERIDGE & WEBB FOR ENGINEERING SERVICES TO BE PROVIDED IN CONNECTION WITH THE EXPANSION OF IMPROVEMENTS TO THE 0.N. STEVENS WATER TREATMENT PLANT, A SUBSTANTIAL COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $675,000 OUT OF THE UNAPPROPRIATED FUND BALANCE OF THE N0. 141 WATER FUND, ESTABLISHING AN APPROPRIATION OF $675,000 IN FUND N0. 141, ACTIVITY 5181, CODE 502, OF WHICH $660,000 IS FOR ENGINEERING SERVICES AND $15,000 IS FOR LABORATORY TESTING, SURVEY WORK AND OTHER RELATED EXPENSES, APPLICABLE TO PROJECT N0. 141-5181-502, D.N. STEVENS PLANT EXPANSION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE N0. 14975: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH OGLETREE, GUNN & ASSOCIATES FOR ENGINEERING SERVICES, INCLUDING PREPARATION OF PLANS AND SPECIFICATIONS, IN CONNECTION WITH THE KENNEDY CAUSEWAY IMPROVEMENTS, 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"; APPROPRIATING $20,800 OUT OF THE NO. 291 PARK BOND FUND APPLICABLE TO PROJECT N0. 291-77-8, KENNEDY CAUSEWAY: CONSTRUCTION OF PUBLIC RESTROOMS, PARKING FACILITIES AND SANITARY SEWER LINE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting July 3, 1979 Page 19 ORDINANCE NO. 14976: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE AN ASSIGNMENT OF LEASES AGREEMENT FROM SCOTT BLEDSOE, JR., AND BLEDSOE AVIATION, INC., TO CHAPARRAL AVIATION, INC., COVERING COMMERCIAL HANGARS AND FIXED BASE AVIATION LEASE PLOTS AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE ASSIGNMENT OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1", CONDITIONED UPON CHAPARRAL AVIATION, INC., PAYING INCREASED RENTALS AND FUEL FLOWAGES, ASSUMING EXISTING OBLIGATIONS WITH SMALL BUSINESS ADMINISTRATION, AND AGREEING TO EXECUTE A MODIFICATION OF LEASE AGREEMENT WITHIN NINETY (90) DAYS, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "21.; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dunphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14977: TERMINATING THE ASSIGNMENT OF LEASE HELD BY M. ANTHONY FEHER AND TOY MASON SMITH, COVERING A COMMERCIAL HANGAR AND FIXED BASE AVIATION LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, AND AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE A TEM- PORARY ASSIGNMENT OF LEASE AGREEMENT OF THE SAME PREMISES FOR A PERIOD OF NINETY (90) DAYS BETWEEN CORPUR CHRISTI BANK AND TRUST COMPANY, TRUSTEE, AND CHARLES N. RAYBURN, ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE TEMPORARY ASSIGNMENT OF LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Dlaz,'Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14978: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF LYNN BENNETT BY GRANTING A SPECIAL COUNCIL PERMIT FOR AN AUTO TRANSMISSION SHOP ON LOTS 21, 22, 23 AND THE NORTHEAST 30 L� :LO 5, RA Y ADMIT .N, IN iHE CIT OF CO PUS CHRISTI, NUECES COUNTY, TEXAS, AS MORE PARTICULARLY DESCRIBED ON THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best,Diaz, Dunphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 14979: FINDING THAT THE FESTIVITIES CELEBRATING FOURTH OF JULY BY THE COASTAL BEND CHAPTER OF MUSCULAR DYSTROPHY ASSOCIATION AND THE PEOPLES ALLEY MERCHANTS, ARE IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 400 BLOCK OF PEOPLES STREET TO VEHICULAR TRAFFIC FROM 12:00 NOON WEDNESDAY, JULY 4, 1979 THROUGH 12:00 MIDNIGHT WEDNESDAY, JULY 4, 1979, FOR SAID FESTIVITIES SPONSORED BY THE COASTAL BEND CHAPTER OF MUSCULAR DYSTROPHY ASSOCIATION AND THE PEOPLES ALLEY MERCHANTS: PROVIDING FOR BARRICADES AND EMERGENCY VEHICLES ENTRANCE, LIABILITY INSURANCE, RESTROOMS, OBTAINING AN ALCOHOLIC AND FOOD PERMIT. REQUIRING THE SPONSOR TO RESTORE THE AREA FOR USE BY VEHICULAR TRAFFIC; COMPLIANCE WITH CITY CODES; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION/PERMIT; PROVIDING FOR SEVERANCE; PROVIDING FOR PU^LIGATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting July 3, 1979 Page 20 RESOLUTION NO. 14980: FINDING POLICEMEN/FIREFIGHTER PETITION IN SUPPORT OF CHARTER ELECTION ON BINDING ARBITRATION TO NOT REQUIRE CALLING AN ELECTION AND DIRECTING THE CITY SECRETARY NOT TO PROCEED WITH AN ELECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing resolutionpassed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Council Member Best read a letter of recommendation that Mr. Steven Fieldcamp be appointed to replace Mr. Bob Dupuy on the Library Board. Mayor Jones stated that he understood that Mr. John Crutchfield would like to resign from the Industrial Commission and recommended that Mr. Robert R. Reed, Manager of Champlin Refinery, be considered for appointment to this Commis- sion. Mayor Pro Tem Sample stated that he would like to hold this particular appointment in abeyance until Mr. Crutchfield's resignation is effective. In regard to the Animal Control Advisory Board, Council Member Best suggested that Dayton L. Prouty, D.V.M., and Mr. Don Ratcliff be reappointed to this Board. Motion by Best that the following appointments be confirmed, seconded by Turner, and passed unanimously: La Retama Library Board Term to Expire Mr. Steven W. Fieldcamp 11-5-80 Animal Control Advisory Board Dayton L. Prouty, D.V.M. (Reappointment) 5-31-82 Mr. Don Ratcliff (Reappointment) 5-31-82 * * .. * * * * .. * * .. * ., * .. .. There being no further business to come before the Council, on motion by Sample, seconded by Zarsky, and passed unanimously, the Regular Council Meeting was adjourned at 5:37 P.m., July 3, 1979.