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HomeMy WebLinkAboutMinutes City Council - 07/18/1979MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 18, 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. The Reverend Marvin A. Hicks of the Calvary Gospel Tabernacle gave the invocation. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: "P.O.W. - M.I.A. DAY" - July 18, 1979; and "SHERIFFS' ASSOCIATION OF TEXAS DAY" - July 23, 1979. Council Member David Diaz moved that the minutes of the Regular Council Meeting of July 3, 1979 be approved as presented; seconded by Mayor Pro Tem Edward Sample; and passed unanimously. * * * * t, k * .. is k * .. t. * * Mayor Jones announced the scheduled public hearing on the proposed budget for the 1979-80 fiscal year. City Manager R. Marvin Townsend explained that a formal public hearing is required prior to the adoption of the budget, even though most of the Council meetings conducted during the month of July really constitute public hearings in that the public frequently addresses this subject. Mr. Townsend referred to the budget summary presented to the Council by the Budget Director, Mr. Mark Gresham, and pointed out that the entire budget as proposed totals approximately $91.3 million, and the General Fund totals $42 million. City Manager Townsend noted that the proposed budget represents approximately $10 million increase over last MICRUFtLMED ;�P 0 19ia0 Minutes Regular Council Meeting July 18, 1979 Page 2 year's budget of $81 million and explained the various reasons for the increase, including the 7$ cost of living salary increase for all employees. He also pointed out that inflation has increased the cost of many items used by the City, particularly gasoline and diesel fuel, and the proposed budget does reflect a few increases in level of services. City Manager Townsend referred to the revenue portion of the budget and stated that the staff is recommending that the gas rates be increased with no fuel pass through; that the garbage rates be increased in October; but the water fund and the wastewater fund have sufficient income so that no increase is required. He also stated that the City will have an opening balance of approximately $1.6 million, attributable primarily to salary balances. Mr. Townsend informed the Council and the audience that the budget has been prepared upon the premise that the property tax rate will be 74, which is 6t less than this year's rate. He then asked Mr. Gresham to comment on the budget. Mr. Mark Gresham stated that this revised summary is an updated version of the previous summary and pointed out that the reserve appropriation will provide funds for the salary increases. He pointed out that the budget does not provide for any utility rate increases that may be forthcoming during this fiscal year. Mayor Jones invited interested citizens to speak in regard to the budget at this time and expressed the Council's appreciation to those who were present. He requested that each citizen limit their presentation to five minutes. Speaking first was Mrs. Elizabeth Kirkland, 14 Hewit Drive, Chairman of the Museum Advisory Board. Mrs. Kirkland urged the Council to approve more funds for the Corpus Christi Museum in order that additional personnel may be retained, noting that the Museum will have to be operated with approximately half the staff that it had in the past year. She explained the various services provided by the Museum and expressed the opinion that more people will avail themselves of these services after the completion of the Convention Center. Mr. Joe Fulton, representing the Corpus Christi Area Convention and Tourist Bureau, who explained that their previous request for funding was for a total of $550,000; their budget for last year was $465,000; the budget for the upcoming year contemplates the addition of two staff members for the last half of the year to Minutes Regular Council Meeting July 18, 1979 Page 3 provide assistance for the Convention Center activities. Mr. Fulton noted that the City staff has recommended that approximately $211,000 be designated from the hotel - motel tax fund for improvements to the Convention Center area and expressed the opinion that additional funds should be designated for the Tourist Bureau activities, stating that their revised request is for a total of $560,000. He stated that because of the gasoline shortage, the Board felt that additional publicity should be instigated to attract more conventions to the City, since there is the possibility that the tourist industry will be adversely affected by the gasoline shortage. Also speaking on behalf of the Tourist Bureau was Mr. Bill Ault, who is Chairman of the Advertising Committee of that organization. Mr. Ault stated that they feel that the new Convention Center requires additional advertising in order to assure its success, and the Bureau would like to conduct an intensive campaign, particularly in Austin, to attract conventions to this City. He urged the Council to approve the larger request for funding for this purpose. Mrs. Margaret Knodell, Chairman of the Board of Directors of the Women's Shelter, reminded the Council that they are still in need of funds and requested that the same allocation as was provided last year be designated for the Shelter in this year's budget. Mr. Clifford Cosgrove, 3302 Olsen, stated that rather than request funding for some specific purpose, he was present to ask for relief from the excessive property taxes that have been levied against most property owners. He also referred to the recommended increase in the gas rates and expressed the opinion that a very large profit is being made in the Gas Division. City Manager Townsend pointed out that several years ago, the Council had decided that they would prefer not to allow a profit in the Gas fund and elected not to increase rates at that time. He stated that the only reason the gas rates are being increased this year is just to be sure that the division can be operated without a loss. Mr. Cosgrove also objected to the increase in garbage rates and suggested that the industrial areas near the City be annexed in order that more taxes could be generated from industry, thus providing relief for the residential property owners. Minutes Regular Council Meeting July 18, 1979 Page 4 Mr. Philip Rosenstein, 949 Bobalo, spoke in regard to three essential servi- ces -- police, fire and sanitation -- and stated that although he is in favor of reducing taxes, he felt that these three areas which are necessary for the health and safety of all citizens should not be reduced. Ms. Patti P. Mueller, 206 Indiana, speaking as a member of the Library Board, referred to the unfortunate closing of the Padre -Staples Mall Branch Library and requested that the Council consider the Library Board's original request for funds so that services through the library could be maintained at the same level as last year. Ms. Mueller pointed out that the library staff should be increased, not decreased. Mr. Dan E. Butt, member of the Municipal Arts Commission, urged that the Council consider additional funding for the furtherance of the arts. Mr. Butt pointed out that the previous City Council expressed their commitment to the arts by passing a resolution to the effect that they intended to designate one-half of 1% of the hotel -motel occupancy tax for the promotion and improvement of the arts. He informed the Council that from August 1, 1977 through July, 1978, one-half of 1% of the hotel -motel tax for that period was $55,000 and only two items were funded for the arts that year for a total of $3,700. Mr. Butt also noted that only $12,800 has been spent for the arts in the current year and urged that the Council consider allocating and spending the funds available from this source. Ms. Mary Lou Huffman, Chairman of the Park Board, noted that most of the funds for the parks are derived from the General Fund and urged that the proposed repair of light fixtures at T. C. Ayers Park and Price Park be included in the budget. Ms. Huffman also pointed out that there is a need to continue to improve the Oso Golf Course. She expressed the opinion that the Park Board had presented a reasonable budget and urged the Council to approve the budget as submitted. Mr. Jim Gillian stated that he was addressing the Council as a taxpayer and requested that they provide relief for the taxpayer when they set the tax rate. He also alleged that the valuations set by the City's tax appraiser are unfair and inconsistent, noting that according to an article in the Corpus Christi Caller, there are a number of houses on Ocean Drive that are considerably more valuable than the valuations carried on the tax rolls. Mr. Gillian stated that Minutes Regular Council Meeting July 18, 1979 Page 5 he had gone to the Tax Office to investigate the tax valuations and discovered that the pattern employed by the tax appraisers indicates that the City Tax Office is incapable of setting true market values all over the City each year. He informed the Council that there are glaring discrepancies in the tax valuations in certain areas of the City and mentioned several of these streets. City Manager Townsend stated that the staff will be glad to make an exami- nation of the individual areas that Mr. Gillian had mentioned to see if the valua- tions are totally inaccurate. Mr. Tom Goad, 4015 Ocean Drive, President of Friends of the Library, urged that a Library Director be appointed as soon as possible and that the Council con- sider their original request for funds and approve the request. Mr. Goad expressed the opinion that the funds recommended for the Library budget are inadequate to properly operate the library, provide security and maintain the books that are in the libraries. Ms. Mueller agreed that the funds as recommended by the City staff are inadequate because of the security measures that are needed for all of the libraries. She explained that their original budget request included funds for a data process- ing study of a method of providing security against book loss. Mayor Jones suggested that the Del Mar Library and the Corpus Christi State University Library be considered when the staff is ordering books for the Corpus Christi libraries so that duplication will not occur. Mr. Goad pointed out that the school libraries serve a different purpose from that of the City's libraries. An unidentified lady in the audience also pointed out that the Del Mar Library and the Corpus Christi State University Library are only open to their staffs and students and do not serve the general public. Ms. Dorothy Kucera, representing the Art Community Center at 902 Park Avenue, urged approval of their request for funds, pointing out that over 6,000 people visited the Center last year; therefore, it does serve the community well. Mayor Jones pointed out to Ms. Kucera that their request was for $2,500, and the staff recommends an allocation of this exact amount. Mr. Charles A. Nichols, 1547 Lea Lane, assured the Council that he is not requesting funds or speaking for a particular group or organization but expressed Minutes Regular Council Meeting July 18, 1979 Page 6 appreciation to the Council for taking the time to listen to interested citizens who are requesting funds. He noted that there are many duplications in services in the community, such as the various library systems,which could be shared. Mr. Nichols referred to the increased tax valuations and stated that even though there is no tax rate increase, the citizens feel that their taxes have been greatly increased if their property is revaluated every year. He suggested that the Council consider these citizens also who are working hard to pay their taxes by not increasing their taxes in order to provide funds for the professional people who have spoken requesting more funds for their favorite project. No one else spoke in regard to the budget. Motion by Diaz that the hearing be closed, seconded by Best and passed unanimously. Dr. Best inquired about the amount of dollars represented by 1C tax rate, and City Manager Townsend replied that it represents $225,000. City Manager Townsend referred to the work planned for the Convention Center to be financed with revenue bonds supported by the hotel -motel tax and suggested that in order to commit three-fourths of that tax, it will be necessary to rescind the existing resolutions and recommendations of previous Councils so that there will be no question that this Council intends to use this source of funds for security to obtain loans or sell the revenue bonds. Mayor Jones indicated that he is in favor of the revenue bonds for this purpose. He expressed the opinion that the Council agrees that the work associated with the Convention Center should be done and they would like to have the City Manager present recommendations to see that this is accomplished. City Manager Townsend pointed out that if the City sells revenue bonds, then the ordinances and resolutions to which he referred should not be in effect. He stated that the staff proposes to pledge three-fourths of the 4% hotel -motel tax and use one-third of the three-fourths to retire the revenue bonds. Mr. Townsend noted that this guarantee is not the ideal solution in view of the cur- rent gasoline shortage and the possibility of decreased tourist business in the City. He stated that a further recommendation in regard to the funding of the Corpus Christi Area Convention and Tourist Bureau will be forthcoming. * * * * * * * * * * *a , * * * Minutes Regular Council Meeting July 18, 1979 Page 7 Mayor Jones suggested that the following tabled matter be considered at this time: Appeal from the decision of the Planning Commission requiring a 15' drainage easement on the plat of The Meadows, located south of Holly Road at Sean Street. The item was tabled for one week for a report on estimated costs from the Engineering and Physical Development Department. Council Member Zarsky departed the Council table at this time since he has personal interest in this matter. City Manager Townsend explained to the Council that the staff feels that $170,000 would be ample funds to acquire the easements along the Carroll-Schanen Ditch but noted that this is the cost, according to the estimate of the appraisers, of the raw land, but if the property owners set the value as being that of finished lots, there is a great difference. Mr. Ed Prichard, Attorney representing Mr. Zarsky, the developer of the subject land, addressed the Council and contended that previously, drainage to serve the Mary Carroll High School and South Staples Street had been diverted to drain into the Carroll-Schanen Ditch; the ditch was not widened to handle this large drainage area; therefore, there is no reason to widen it at this time to handle the much smaller area to be served by this ditch. Mr. Prichard also referred to the proposal to amend the Master Drainage Plan and the statement by the staff that notification of the contemplated change should be given to affected property owners. He pointed out that such notification was not made prior to the hearing before the Planning Commission, and if the staff feels that such notice should be made at this time, then a Charter Amendment should be approved to require such notification. Mr. Prichard stated that such undue delay would work a hardship on the developer of this tract of land. He also stated that none of the property owners in the area have actually donated any right-of-way for the expansion of this ditch and referred to one subdivision for which the plat was approved with no requirement for such dedication of right-of-way. Another point made by Mr. Prichard was that the developer has already planned a 40 -foot dedication for a street, and now the staff is requiring an additional 15 feet from Mr. Zarsky and an additional 15 feet from the property owner on the other side of the ditch if and when that property is developed. Minutes Regular Council Meeting July 18, 1979 Page 8 Mr. Prichard continued by expressing the opinion that this matter should not have to go through a public hearing process because this would further delay the development. He pointed out that there have been many statements to the effect that subdividers and developers are needlessly delayed by the City of Corpus Christi. Mr. Prichard requested that the Council do something to effect a solution as quickly as possible. He suggested that as an alternate plan, the City require the property owners in the area of the second ditch to provide for their own drainage. Council Member Dumphy asked why the street dedication was required the second time the plat was submitted. Mr. Prichard replied that at the time it was submitted, the developer planned to donate 15 feet along the back of the lots to be used to clean the ditch; the staff realized that there might be a problem if property owners decided to fence in their lots; and they decided that the street would be preferable. Mayor Jones asked Mr. Prichard to summarize his client's recommendation. Mr. Prichard stated that they recommend that the appeal from the Planning Commission's decision that Mr. Zarsky be permitted to plat his property as shown with the 40 -foot street dedication be approved and that the Planning Commission's requirement that an additional 15 feet be dedicated be rejected by the City Council. City Attorney J. Bruce Aycock read from the Platting Ordinance as it pertains to the requirement for drainage way and also from the State Statute 974 a. in regard to the requirements for subdivisions and the drainage plans necessary. Mr. Aycock continued by stating that Mr. Zarsky's plat has not been approved without this con- dition and referred to the minutes of the Planning Commission meeting in 1976 at which time there was a requirement from this developer for a 15 -foot drainage ease- ment. Mr. Aycock then pointed out that on October 17, 1978, Mr. Zarsky submitted a preliminary plat which indicated this same 15 -foot easement; therefore, no addi- tional easements were required at that time. He stated that the last plat submitted did not show this 15 -foot easement and the Commission required it at that time. City Manager Townsend agreed with Mr. Aycock's statements and stated that the Planning Commission has always required a dedication every time the plat was submitted. He also informed the Council that the Planning Commission is not required to have a public hearing to consider an amendment to the Master Drainage Minutes Regular Council Meeting July 18, 1979 Page 9 Plan. Mr. Townsend pointed out to the Council that the only issue here is a deci- sion needs to be made as to how the City is going to drain that area and whether or not the developer should be required to dedicate the additional easement to allow for the widening of the ditch. City Manager Townsend stated that a prior Council decided that the second ditch would not be constructed, and the owners of that land to the south of the area under discussion have developed their property with the assumption that they will not have to dedicate land for the ditch. Mr. Townsend also pointed out that the same engineers have been developing plans for those property owners as have been developing the plans for Mr. Zarsky. Council Member Diaz inquired as to who the engineering firm was for the Airline Road property, and Mr. Lontos replied that it was Urban Engineering. Mr. Diaz also inquired as to which project was started first, and City Manager Townsend informed him that the Airline Road project was started first and it has already progressed to development on the ground. Council Member Best asked for the City Attorney's opinion about the conse- quences if the Council agrees that they want the Master Plan changed and if they require this additional 15 -foot dedication. City Attorney Aycock expressed the opinion that the Master Plan cannot be changed by the City Council without a public hearing, but the Council could deny the appeal and uphold the Planning Commission's decision to require the additional 15 -foot dedication. Motion by Diaz that the appeal be denied, noting that he was making the motion since the same engineering firm designed the plans for Mr. Zarsky's property as well as the Airline Road property. The motion was seconded by Dr. Best. Mayor Jones then invited Mr. Zarsky to speak in regard to this matter, even though he is a member of the Council. Mr. Zarsky provided background information in regard to development in this area and noted that drainage off South Staples Street was provided by allow- ing for the drainage to be carried in the Carroll-Schanen Ditch. Mr. Zarsky also pointed out that several developers have put in drainage to the Oso at their own Minutes Regular Council Meeting July 18, 1979 Page 10 expense and acquired the right-of-way needed. He expressed the opinion that the City is Just attempting to provide drainage for this entire area, and that has not been a policy of the City in every situation. Mr. Zarsky stated that he felt that the pro- perty owners between Williams and Saratoga would be willing to provide their own drainage. Council Member Diaz stated that even if this motion passes, this does not preclude the Council taking other action later. Mr. Zarsky continued by stating that timing Is essential in developing and that he would like to go ahead and develop the property involved rather than take it to court. Mr. Prichard indicated that he would like to make one more point and called to the Council's attention the fact that the plan to utilize the Carroll-Schanen Ditch to drain the area south of Mr. Zarsky's land does not really provide a solu- tion because the water will be directed across land that is not owned by the City and a plan for this has not been devised. City Manager Townsend agreed that the Council needs to address the entire area to approve a drainage plan. He referred to Sheet 29 of the plans which does show in a schematic way on a Master Plan basis where the connections are to be. Mayor Jones called for the vote on the motion to deny the appeal, and the motion passed by the following vote: Jones, Sample, Best, Diaz, Dumphy and Turner voting "Aye"; Zarsky, abstaining. • Council Member Best inquired about the procedure to amend the Master Drain- age Plan, and City Manager Townsend replied that the Planning Commission considered the amendment the previous Tuesday but tabled the matter since this appeal was to be considered by the Council. He stated that it would be appropriate to schedule a public hearing before the Council as soon as the Planning Commission acts on the matter, noting that the Planning Commission is not required to conduct a public hearing. Mr. Ernest Briones, Director of Planning and Urban Development, informed the Council that the Planning Commission's next meeting is July 24, and this item can be listed on the agenda for that date. Minutes Regular Council Meeting July 18, 1979 Page 11 Council Member Dumphy noted that this area is growing very rapidly and sug- gested that the matter be resolved as soon as possible. He expressed concern that one subdivision was allowed to be developed without the requirement for right-of- way dedication. City Manager Townsend stated that the developed subdivision is being examined by the staff at this time. * is * * is * * * * * * is * * * Mayor Jones announced the public hearing scheduled for 2:00 p.m. on the following matter: Closing of all streets and easements in Golden Oaks Addition. The entire subdivision, located on the south side of Ramfield Road between Roscher Road and Flour Bluff Drive, is being replatted. City Manager Townsend explained that the streets and easements in the area of request are not actually open and exist only on paper. No one spoke in regard to this proposed closure. Motion by Sample that the hearing be closed, seconded by Turner and passed unanimously. Motion by Sample that the streets and easements in the Golden Oaks Addition be closed, seconded by Dumphy and passed unanimously. Mayor Jones called for the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: a. Annual supply contracts be awarded as follows: (1) Fire personnel uniforms to Factory Sales Company, Houston, on the basis of only bid received of $40,453.20. Price comparison (excluding jackets) reflects a 30.6% increase partly attributed to the change in fabric specifications of trousers and shirts. The price quoted is firm until October 1, 1979, then subject to fluctuation. Requests for bids were mailed to 17 firms. (2) Dust control and towel service to Texas Industrial Service, Inc., Corpus Christi, on the basis of low bid of $4,045.56. Items consist of walk off mats, mop heads, mop covers and dust wipers used at var- ious City offices and shop towels and fender covers used at Transit and Maintenance Services garages. Bids were received from two firms. A price comparison indicates a decrease of 1.4% Minutes Regular Council Meeting July 18, 1979 Page 12 (3) Gasoline and diesel fuel for the Marina Fuel Station to Crystal Petroleum Company, Corpus Christi, on the basis of only bid received. 17,200 gal - regular gasoline - $.689/gal 190,000 gal - #2 diesel fuel - $.809/gal $ 11,850.80 153,710.00 - TOTAL $165,560.80 Price comparison shows an increase of 29.8% on regular gasoline com- pared to prices quoted on last year's contract and 104.9% increase on #2 diesel fuel. No bids were received for gasoline engine oil or outboard motor oil, and because of the small quantity required, it is recommended that requirements be purchased by competitive bids as needed. (4) Custodial services to the following firms: ACME WINDOW CLEANING, Corpus Christi, (Lot 1) Window cleaning at LaRetama Library and International Airport PRITCHARD SERVICES, INC., Corpus Christi, (Lot 11) Custodial service for the City Tax Office, Flour Bluff Library, Utilities Office on Waldron Field Road, Finance Department, Health -Veterinary Services Building and Right -of -Way. 14,172.00 TOTAL: $16,992.00 (9) 2,820.00 The apparent low bid of $12,800.40 on Lot 1 Chapa Janitorial Services, Corpus Christi, because the owner has requested that his bi he is unable to post a performance bond to with the bid specifications. Price compari increase of 6.5%. Bids were received from I submitted by is not recommended d be withdrawn as insure compliance son indicates an four firms. 80 tons of commercial fertilizer to Agri -Turf, Inc., Houston on the basis of low bid of $11,951.00. Price comparison on a fluctuation basis indicates a decrease of 7%. Bids were received from four firms. 3,000 lbs. of bermuda grass seed to ESCO, Ltd., Corpus Christi, on the basis of low bid of $6,450. Price comparison indicates an 8% increase. Bids were received from three firms. 80 fire hydrants to Clow Corporation, Spring, Texas for $28,019.14. Price comparison reflects a 12.1% increase. Bids were received from eight firms. General Electric radio repair parts and accessories to General Electric Company, Austin, on the basis of only bid received of $25,000.00. A 25% discount off price list is the same as last year. The estimated volume is based on the current year's expenditure. Drill bits, caulking and flanging tools, to McAllen Pipe and Supply Company, Inc., Corpus Christi for $3,412.86. Price comparison reflects a 2$ increase. Bids were received from two firms. Minutes Regular Council Meeting July 18, 1979 Page 13 (10) Cast iron tapping sleeves and valves: Clow Corporation, Spring, Texas Lot 1 (5 items) Tapping sleeves for A. C. pipe $ 3,701.61 Lot 11(9 items) Tapping sleeves for C.I. pipe (7 items) Tapping valves, 4" - 20" 21,542.78 TOTAL $25,244.39 Less Term Discount 2% 504.88 $24,739.51 Price comparison shows a 33.9% increase. Bids were received from 6 firms. No bid meeting specification was received for Lot III of 14 items of tapping saddles, sizes 12" - 48". It is requested that authority be granted to rebid this lot with bids to be opened at 11:00 a.m., Tuesday, August 7, 1979 as indications are that there are at least 2 suppliers who can bid according to specifications. (11) Foundry Items - Corpus Christi Pipe and Supply Company, Corpus Christi Lot I (9 items) Meter boxes with lids and manhole covers $37,593.67 Lot II (9 items) Valve box lids and extensions 8,371.20 Lot III (6 items) Meter boxes with lids and manhole 4,349.52 rings and covers Lot IV (1 item) Inlet Frame and Gate 731.22 $51,045.61 Price comparison shows a 14.3% increase. Bids were received from two firms. (12) Brass and iron service fittings: Ford Meter Box Company, Inc., Wabash, Indiana Lot I (27 items) Brass service fittings $25,804.80 Coastal Pipe and Supply, Brownsville Lot II (6 items) Brass curb and meter stops Bell -Type 16,214.10 Lot III - 1,500 3/4" brass angle ball meter 17,713.50 stops Southwest Meter and Supply Company, Marshall, Texas Lot IV (3 items) Brass angle ball meter stops 9,928.87 Trans Tex Supply Company, San Antonio Lot V (11 items) Galvanized and black service fittings 8,270.08 TOTAL $77,931.35 Price comparison reflects a 5.3% increase. Bids were received from seven firms. (13) Flexible plastic gaskets to Texas Industries Inc., Corpus Christi on the basis on only bid received of $5,722.42. Price comparison indicates an increase of 19%. Minutes Regular Council Meeting July 18, 1979 Page 14 (14) Ductile iron pipe, bends, and/or asbestos cement pipe: American Cast Iron Pipe Company, Dallas Lot I (15 items) Ductile Iron Pipe only 4"-24" $171,990.00 Lot II ( 4 items) Ductile Iron Pipe only 30"-48" 27,051.00 Lot III (11 items) Cast Iron Mechanical Joint Bends, 30" - 48" 127,628.00 $326,66'5.00 Less term discount 1/2% 1,63334 $325,035.66 Johns Manville Sales Corp., San Antonio Lot IV (19 items) Asbestos Cement Pipe 6 Fittings $163,607.19 Lot V 500' 16" Class 150 Asbestos Cement Pipe 5,590.00 $169,197.19 Less term discount 2% 3,383.94 $165,813.25 GRAND TOTAL $490,848.91 Price comparison reflects a 9% increase. Bids were received from seven firms. (15) 1,950 feet of corrugated pipe to Armco - Metal Products Division, Houston, on the basis of low bid of $18,871.17. Price comparison indicates an increase of 12%. Bids were received from 3 firms. (16) Automotive and flashlight batteries: Susser Petroleum, Corpus Christi Lot 1 - 919 automotive batteries International Battery, Inc., Corpus Christi Lot II - 286 commercial batteries Hollis Neese, Corpus Christi Lot III - 29,050 flashlight batteries $33,673.00 14,081.00 6,515.16 $54,269.16 On Lot 1, the apparent low bid of $33,661.86 by International Battery, Inc., Corpus Christi, is not recommended as it is subject to fluctuation and is only .03% lower than the recommended firm bid. Price comparison indicates an 11% overall increase. Bids were received from five firms. (17) 2,000 90 -Ib. bags of portland cement to Armstrong Lumber Company, Corpus Christi on the basis of low bid of $6,480.00. Price comparison indicates an 11% increase on a fluctuating basis after December, 1979. Bids were received from two firms. City Manager Townsend presented a summary of the foregoing annual supply contracts and explained that they are items that have to be delivered each month and are carried in the City's warehouse. Mayor Jones Inquired if the City is experiencing any increasing difficulty in obtaining bids on an annual basis because of the inflation anticipated during the 12 -month period. Mr. Townsend indicated that the City is not because the specifi- cations allow for fluctuation bids as well as firm price b(ds. Minutes Regular Council Meeting July 18, 19/9 b. No contract be issued for an annual supply of bulk portland cement because no bids were received. Bid invitations were extended to four firms. This same situation took place last year and purchases were made on an as needed competitive basis on the open market. c. A bid award to JASPER ENGINES & TRANSMISSION, Jasper Indiana for a rebuilt diesel engine for the transit system be made on the basis.of only bid received of $3,344.00. A price comparison cannot be made as the City has not made a previous purchase. d. The Sacky Drive Street Improvements from west of Bonham Drive to Kostoryz Road be accepted and final payment of $8,827.92, for a total of $45,691.62, be made to Asphalt Concrete Paving Company. The project was constructed concurrently with Ventura Plaza Unit V Subdivision. It is also recommended that the final assessment roll be adopted including 8 parcels and a total assessment of $17,525.88, an appropriation of $1,457.28 be provided for minor project overruns and the contractor be granted a 32 day time extension because of delays encountered which were not the fault of the contractor. e. The Cole Park and McGee Beach Park and Drainage Improvements be accepted and final payment of 59,997.99 for a total of $56,699.43 be made to Armor Constructors, Inc. The 1977 Bond Program project consisted of construction of a 50 space parking lot at the north end of Cole Park, a 27" storm sewer through the beach and a 15" storm sewer through McGee Beach opposite the Coliseum. A twelve day extension of the allocated 45 working days is also recommended due to material problems not attributed to the contractor. f. Authority be granted to negotiate a consultant contract with the firm of Total Design Four for planning improvements to the transit maintenance and administrative facility. Proposals from six firms have been received and evaluated. Total Design Four will be assisted by Parsons,Brinckerhoff,Quade & Douglas, Inc., of Dallas who have completed transit facility improvement studies in Atlanta, Boston, Ft. Worth and Dallas. The cost of the study is included in the 1978-79 transit planning grant and is a prerequisite to receipt of a grant for construction. The local portion of the cost was included in the 1977 bond election. 9. The Urban Mass Transportation Administration 1976 grant for capital equipment be amended to allow the City to operate on a letter of credit rather than reimbursement basis. Recent regulation changes have authorized the letter of credit which will improve the city's cash flow. h. Recommendation that parking be prohibited between 9:00 a.m. and 3:00 p.m. school days only, on Kingston Drive for 200 feet south and 350 feet north of Panama and on the northwest and southeast corners for 150 feet. This action is suggested to discourage infringement into these residential areas by Carroll High School students parking. The Traffic Safety Advisory Board so recommends. Minutes Regular Council Meeting July 18, 1979 Page 16 i. Recommendation that parking be prohibited between the hours of 9:00 p.m. and 6:00 a.m. on Center Drive immediately adjacent to Lamar Park. Such a restriction will discourage people gathering in the park after dark disturbing adjacent residents. The Traffic Safety Advisory Board so recommends. J• McMoRan Exploration Company be granted a permit to drill a well from a regular surface location in State Tract 9 of Corpus Christi Bay two miles west of Ingleside on the bay. The well will be direction- ally drilled to a true vertical depth of 13,000 ft. No exceptions to the Bay Drilling Ordinance are requested. k. The Auditorium rental fee schedule be amended as follows: 1. Events soliciting contributions from the audience be increased to Class 1 commercial or $450 minimum per event. Presently these events are in Class III or $300. Although events solicit money from the audience, there is no practical way to verify the amount, and thus it is difficult to charge on the basis of a percentage of gross receipts. Several events this year have collected substan- tial amounts from the audience. Local churches and religious conventions will continue to be included in Class 111 or $300. 2. City -owned equipment classification used at the Auditorium be amended to establish a rental rate of $50 per day (not including tuning) for use of the concert grand piano. 1. A bid award on 70 galvanized pipe handrails for replacement along Wesley Seale Dam be made to Universal Sales Company, Corpus Christi, on the basis of low bid of $13,440. Additional handrail replacements have been proposed for 1979-80 to replace the remaining portion of the badly deteriorated rails along the walkway of the dam. As a result of a favorable bid, it is recommended that a portion of the planned 1979-80 replacements be included in this contract. m. A contract be executed with the Texas Employment Commission to provide for the payment of allowances to trainees in the City's Work Experience Program from June 1, 1979 to September 30, 1979. At its February 15, 1979 meeting, the Consortium Executive Committee approved a plan for Program contractors to enter into an agreement with TEC to pay such allowances. Total funds involved are $47,844. n. The 1200 through 1600 blocks of North Shoreline be closed to vehicular traffic from 8:00 a.m. Friday, September 21, to 12:00 noon, Wednesday, October 3, 1979, and the 1100 block of North Shoreline be closed to vehicular traffic from 6:00 p.m. Friday, September 28, to 12:00 midnight Sunday, September 30, 1979, so that Bayfest '79 can be celebrated. It is further recommended that the sponsors of Bayfest '79 be granted exclusive use of the barge dock and municipal parking lots adjacent to IH 37 from 6:00 p.m. Friday, September 28, through 12:00 midnight Sunday, September 30, 1979, for parking vehicles belonging to the participants in the various Bayfest activities. This event will be sponsored jointly by the Junior League of Corpus Christi and the Corpus Christi Arts Council. Bayfest will be held Friday night, September 28, through Sunday, September 30, 1979. Property owners facing North Shoreline within the Bayfest site have been contacted and offer no opposition. Minutes Regular Council Meeting July 18, 1979 Page 17 City Manager Townsend explained that it has not been the practice of the City to require a public hearing on the closing of this street, since all of the abutting property owners have agreed -- one with certain conditions which have been met. Council Member Diaz inquired as to who should be contacted by people who are interested in having a booth at Bayfest. Mrs. Lynn Mahaffey, of the Junior League, who was present in the audience, stated that they have an office and suggested that people be referred to that office, stating that the telephone number is 855-3861. Council Member Turner noted that Bayfest does not cost the City anything. Mrs. Mahaffey pointed out that the Junior League donates 1% of their gross income to the City and informed the Council that last year, approximately 125,000 people attended Bayfest. City Manager Townsend stated that the City also supports Bayfest by provid- ing sanitation service, traffic control and police protection. There were no further comments in regard to the City Manager's Reports. Motion by Turner that the City Manager's Reports, Items "a" thru "n," be approved; seconded by Sample; and passed unanimously. * t. X ;. ,, y k * .. .`• is * .. ., t. * Mayor Jones announced the following recessed public hearing: Dildy Supply Company, for a change of zoning from "R -1B" One -family Dwelling District to "1-2" Light Industrial District on Lot B, Block 1, Bryon Willis Subdivision, located on the south side of McArdle Road, approximately 110 feet west of French Drive. This application was heard on July 11, 1979 and tabled for one week to allow the applicant to present plans for the building and landscaping. City Manager Townsend briefly reviewed this zoning application and noted that Mr. Dildy was present. Mr. Tom Dildy displayed before the Council the plans for the proposed building addition for his property. City Manager Townsend noted that if a special permit allowing the construc- tion of this building is approved, it will be necessary for the staff to examine the plan to see if they are in compliance and constitute a site plan and that Mr. Larry Wenger of the Planning Department will be glad to work with Mr. Dildy if the Council decides to grant a special permit. He pointed out that a standard screening Minutes Regular Council Meeting July 18, 1979 Page 18 fence would be required. Motion by Diaz that the hearing be closed, seconded by Turner and passed unanimously. * * * * * * * * * * * * * * Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no questions from the Council or the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following were approved: FIRST READING: FINDING THAT THE BAYFEST '79 ON SEPTEMBER 28 THROUGH SEPTEMBER 30, 1979 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1200 THROUGH 1600 BLOCKS OF NO. SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 AM FRIDAY, SEPTEMBER 21, 1979 THROUGH 12:00 NOON WEDNESDAY, OCTOBER 3, 1979; CLOSING THE 1100 BLOCK OF NORTH SHORELINE TO VEHICULAR TRAFFIC FROM 6:00 PM FRIDAY, SEPTEMBER 28, 1979 THROUGH 12:00 MIDNIGHT, SEPTEMBER 30, 1979; CLOSING ONE MUNICIPAL PARKING LOT AND THE BARGE DOCK, MORE FULLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY. APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRED PER.IITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION, AND PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best. Diaz, Dunphy. Turner and Sample voting "Ave". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED. AND PARTICULARLY AMENDING SECTION 53-253 SCHEDULE IV -STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON KINGSTON DRIVE, BOTH SIDES, 350 FEET NORTH AND 200 FEET SOUTH OF PANAMA STREET AND ON PANAMA STREET AT KINGSTON DRIVE, FOR A DISTANCE OF 150 FEET AT THE NORTHWEST AND SOUTHEAST QUADRANT OF THE INTERSECTION; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. 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 Sample voting "Aye". FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI. 1976 REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-253 SCHEDULE IV, "STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING STOPPING. STANDING OR PARKING DURING CERTAIN HOURS ON CENTER DRIVE. EAST SIDE ONLY, FROM CARMEL PARKWAY TO CORAL PLACE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. 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 Sample voting "Ave". Minutes Regular Council Meeting July 18, 1979 Page 19 FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 36, ARTICLE 111. BAYFRONT PLAZA AUDITORIUM, SECTION 36-84, RENTAL OF THE THEATRE, SUBSECTION A.1. CLASS I, BY ADDING A SENTENCE THERETO TO INCLUDE ANY EVENT DURING WHICH CONTRIBUTIONS OF MONEY ARE SOLICITED FROM THE AUDIENCE. OTHER THAN DURING RELIGIOUS CONVENTIONS AND LOCAL CHURCH SERVICES; AMENDING SECTION 36-86, RENTAL OF CITY -OWNED EQUIPMENT, BY ADDING A NEW SUBSECTION, TO BE DESIGNATED SUBSECTION "I", TO PROVIDE FOR RENTAL CHARGES FOR USE OF THE CONCERT GRAND PIANO. 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 Sample voting "Aye". ORDINANCE NO. 14993: CLOSING ALL STREETS, ALLEYS AND RIGHTS-OF-WAY IN THE AREA BOUNDED BY WEST REDBIRD LANE, CALALLEN DRIVE, WEST BUCKHORN STREET AND AVENUE "C", IN THE CALALLEN TOWNSITE, SUBJECT TO BEING REPLATTED BY THE ABUTTING OWNERS THEREOF; 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 Zarskv voting "Ave". ORDINANCE NO. 14994: AMENDING ORDINANCE NO. 14655. PASSED AND APPROVED ON DECEMBER 13. 1978, PERTAINING TO THE FOLLOWING STREET: SACKY DRIVE FROM 110 FEET WEST OF BONHAM DRIVE TO KOSTORYZ ROAD, BY AMENDING SECTION 3 OF SAID ORDINANCE 50 AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENTS LEVIED AGAINST ABUTTING PROPERTY OWNERS, ALL AS HEREINAFTER PROVIDED; 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. 14995: AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 WITH ASPHALT CONCRETE PAVING FOR SACKY DRIVE IMPROVEMENTS FROM BONHAM TO KOSTORYZ, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $1,457.28 OUT OF THE NO. 220 STREET BOND FUND FOR COST OVERRUNS INCURRED FOR THESE IMPROVEMENTS, APPLICABLE TO PROJECT NO. 220-72-55: 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". RESOLUTION NO. 14996: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDATORY AGREEMENT, AMENDING PART II, SECTION 105 OF UMTA CAPITAL GRANT NUMBER TX -03-0020, AUTHORIZED BY RESOLUTION NO. 12484, PASSED AND APPROVED FEBRUARY 19, 1975, TO PROVIDE FOR A LETTER OF CREDIT ARRANGEMENT BETWEEN UMTA AND THE CITY OF CORPUS CHRISTI, ALL AS MORE FULLY SET FORTH IN THE AMENDATORY 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: Jones, Sample, Best, Diaz, Dumphy, Turner, and Zarsky voting "Aye". Minutes Regular Council Meeting July 18, 1979 Page 20 ORDINANCE NO. 14997: AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF CORPUS CHRISTI AN AGREEMENT WITH THE TEXAS EMPLOYMENT COMMISSION (TEC) PROVIDING FOR ALLOWANCE PAYMENTS TO ALL APPLICABLE TRAINEES IN THE CITY'S WORK EXPERIENCE PROGRAM, THE TERM OF THIS AGREEMENT TO EXTEND FROM JUNE 1, 1979 THROUGH SEPTEMBER 30, 1979, WITH THE AMOUNT OF FUNDS INVOLVED TO TOTAL $47,844, 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: Jones, Sample, Best. Diaz, Dumphy, Turner, and Zarsky voting "Aye". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Eduardo E. de Ases, Attorney representing Mrs. Susan Taylor McDaniel, stated that he has presented to the City Secretary a letter requesting that the Council conduct a hearing on Mrs. McDaniel's appeal of the decision of the Director of Engineering and Physical Development in connection with her property on Port Avenue. Mr. de Ases requested that the Council hear this app, -3i as soon as possible because the area of Port Avenue involved is being improved at this time; the work has been stopped; the property involved is located where Eligio's Restaurant is; and requested that the appeal be heard next week, since the project is being con- structed by the State Department of Highways and Public Transportation and he does not wish to delay the work unduly. City Manager Townsend informed the Council that this is a matter that is properly before them; it would have been more logical to have this heard as a part of the assessment hearing; Port Avenue is one of the streets on which most of the parking problems have been resolved; and indicated that he sees no problem with having it placed on next week's agenda. Motion by Diaz that this appeal be scheduled for July 25, 1979; seconded by Sample; and passed unanimously. Mr. Oscar Reyna presented to the Council a resolution on behalf of the senior citizens requesting that the City not curtail the transportation services offered to senior citizens. Mr. Reyna pointed out that if a charge is levied for van service, this will be a hardship on all of the users and also informed the i Minutes Regular Council Meeting July 18, 1979 Page 21 Council that the bus service provided by the First Christian Church through the "Operation Bridge" program is also being discontinued, and another Source of trans- portation for the elderly will no longer be available. Mrs. Hazel Gant, 4302 Ocean Drive, Chairman of the Home Chore Aid Service, urged that the Council consider this matter very carefully before approving the curtailment of the van service for senior citizens. City Manager Townsend assured both Mrs. Gant and Mr. Reyna that the City has never planned to eliminate this van service but only recommended that a fee be charged for this free service which is very superior to the bus service, for which senior citizens are charged 15t. He explained that the transportation to the meal sites would still be continued at no charge, and Medicaid recipients would be allowed to use the vans. Mr. Townsend pointed out that it just does not seem fair to charge senior citizens 15t for bus rides when they have to walk to a bus stop and not charge senior citizens for door-to-door van service. He explained that if every senior citizen who is qualified for the van service decided to avail themselves of this free transportation, the entire service would collapse. Mr. Mike Zepeda, Business Agent for AFSCME, addressed the Council in regard to the budget and pointed out that everybody wanted lower taxes and increased services. He referred to his previous appearance on behalf of City employees in the Sanitation Division and the Street Division and stated that he understands that a 7% cost -of -living salary increase is being considered for all employees. Mr. Zepeda urged that the starting salaries for the lower income positions in these two divisions be increased so that the employees will be able to maintain a higher standard of living and there will be less turnover in the Sanitation Division. Mr. Zepeda reminded the Council that the last time these employees were upgraded was in 1969 following a strike in which these workers participated. He stated that no one likes strikes and requested that the Council consider upgrad- ing these positions. City Manager Townsend denied that there was a salary adjustment as a result of the strike staged by the Sanitation Division workers. He stated that this was a non -issue strike, and the salaries were not upgraded. Minutes Regular Council Meeting July 18, 1979 Page 22 Speaking on another matter was Mr. Philip Rosenstein, 949 Bobalo, who again referred to the problem of dogs running loose. Mr. Rosenstein referred to remarks made by Dr. W. R. Metzger in which he stated that the City of Corpus Christi does not have a rabies problem. Mr. Rosenstein alleged that when dogs are allowed to run loose, the City does have a rabies problem. He then asked Mayor Jones and the Council Members what they intended to do to enforce the rabies vaccination law and the dog leash law. Mayor Jones replied that they intend to enforce the laws with the employees assigned to these duties, and they have no intention of increasing the allocation of funds to Animal Control. Later, Mayor Jones informed Mr. Rosenstein that the Council greatly appreciates his presenting such matters to the public through his appearances before the City Council. He explained that enforcing the dog leash law is a problem. There being no further business to come before the Council, on motion by Turner, seconded by Best and passed unanimously, the Regular Council Meeting was adjourned at 5:25 p.m., July 18, 1979. 1, LUTHER JONES, Mayor of the City of Corpus Christi, Texas certify that the foregoing minutes, same being for the period of June 6, 1979 through June 27, 1979, inclusive, and having been previously approved by Council Action, are by me hereby approved as itemized: 6/06/79 - Regular Meeting 6/13/79 - Regular Meeting 6/13/79 - Special Meeting 6/20/79 - Regular Meeting 6/27/79 - Regular Meeting ER JO MAYOR ity of Co •us Christi, Texas ickes odk"' 1