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HomeMy WebLinkAboutMinutes City Council - 10/29/1980.4004.8114 MINUZES CITh W CORPS CHRISTI. 7EKA.5.- RECULAR COUNCILi.:iiNC; OCTOBER 29,1980 2(zx.". Pte: Mayor Luther Jones Mayor Pro Tem Edward L_ Sample Csuncil Members: Dr. Jack Rest David Diaz Jack C. Dumpby Betty N. Turner Cliff Zarsiy City tanager R. Marvin Townsend Assistant City Attorney Jay Doegey City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend W. O. Myers of Parkside Church of God, followingwhich the Pledge of A13svianr., to ths-,•_lag- of the United States was led by Councilmember David Diaz. Mayor Jones recognized Mr. John Garner and Mr. Richard King of Corpus Christi National Bank and invited them to address the Council at this time. Mr. King referred to a letter addressed to the City Council dated September 9, 1980 end subsequent discussions with the City Council during which the bank offered to donate a sculpture by Kent Ullberg to the City of Carpus Christi with the suggested location on the median at Shoreline Drive and Schatcel Street. Mr. King stated that since that time, there has been considerable discussion by the media concerning the proposal and the implication has been made that this is a commercial type of project. He stated that Corpus Christi National Dank does not want to create a controversy nor divisiveness within ----the City nd- Che -c fy kirk Board hes recommsnded against the location on Shoreline for the sculpture, they would like to withdraw their offer for the donation of the statue of the dolphins. fie Minutes Regular Council Meeting Octoher n, 1 q Page Cou.uci.lrember Zarsky =inquired if the :sculpture could be placed somewhere else and Mr. King re0.1.e:l that they will consider this and discuss this with the artist, Mr. Ullberg. However, Mlr. Ullberg is concerned that be may have been instrumental in designing the two dolphins which could be considered to be the logo of the bank. Councilmember Turner discussed appreciation to the bank for their generous offer to the City and assured Mr. King and SFr. Garner that this Council supports art for the City and she feels that it is very unfortunate that these events have transpired since their offer was made. Mrs. Turner continued by stating that she would like to see the , sculpture placed in the Bayfront Science Park or some other location that would be agreeable to the bank. Mr. King stated that CCNB has used the dolphin in ari,7 rt, i- the past and they will do so in the future but they would consider the possibility of locating the sculpture in another area. Councilmember Turner pointed out that the sculpture designed by Mr. Gllberg is quite different from the bank's logo. Mayor Pro Tem Sample expressed the opinion that it is quite regrettable that the City is not going to be able to have this piece of art and it is most unfortunate that because of the criticism by the news media, the City will be deprived of a beautiful pito "' art work. Councibeer!her Beet also expressed his disappointment that the offer has been withdrawn and he assured the bank representative that all of the Couneilmembers would be willing to work with him to have the sculpture located somewhere else on City property. Mayor Jones also_ expressed_ iiia .r.egret. and .recogMzed• the that Mr. Garner and Mr. King appearing here is primarily to save the Council from embarrassment. Motion by Turner that the Park Board Chairman meet with the Council in Workshop session next week to further discuss this matter; seconded by Hest; and passed unanimously. * * * * * * * * * * Begalar aG.G^Ei1:cil M et Eng ectoear 29, /980 • Page 3 Mayor Jones administered the -.:At:; of Office to a newly appointed member of the Animal Control Advisory Beard, Mrs. Lucy Heyman. City Manager R. M ruin Townsend referred to the motion just passed by the Council in regard to the meeting with the chairman of the Park Board and asked for further direction. Counciimeiber Turner explained that she wants to discuss with the Chairman of the Park Board the action that that Board took in regard to the position on the location of the sculpture of the dolphins. City lager Townsend stated that he was not sure that the Park Board actually took the action to oppose the location of the statue. CouaciJm mber Dumphv disegrear: and mated -tom would like to bear why the Park Board expressed opposition to the location of the sculpture on the median at Shoreline and SchatzeL. He pointed out that the statue proposed to be erected there is entirely different from the bank logo and the Council would like to know the reason why the Park Board objected to its location on Shoreline. Councilmember Zarsky expressed the opinion that the City should find another location for the sculpture. Mayor Fro Tena Sample pointed out that the artist has already been offended by the implications in the press that he had designed a piece of commercial sculpture and it is possible Chat Mr. Ullberg will no longer be interested. City Manager Townsend inquired if the Council desires the staff to work with the bank in regard to the statue location and Mr. Zarsky replied.that ie*_rhey_-needed-t s ori the aetton tna �flunc �3 plans to take. City Manager Townsend reminded the Council that the Municipal Arta Commission also considered this offer. Mayor Jones suggested then that the Chairman of the Park Board and the Chairman of the Municipal Arts Commission be invited to attend the Workshop next week to discuss this matter. * * * * * * * * * * M• eetes October 29, 1950 Nage 4 ..Sm1RYu..e.ss!Y.zr�v-tie4V City Secretase hill w. xcad .»01.0Z! the roll sf requires Charter Officers and verified that the necessIry quorum :gas present co conduct a legally constituted eeetieg. Mayor Jones announced che issuance of the followink proclamations: "DIABETES MOMTH" - November, 1980 and "UNITED STATES MARINE CORP WEEK" - November 5-11, 1980. Mayor Jones announced the scheduled public hearing on the following matter: Application to the Urban Mass Transportation Administration for $920,769 in transit operating assistance and $2,200,440 in capital assistance for the current year. The capital grant recommendation consists of 15 replacement 35 -foot transit buses (37-45 passenger), a spare diesel power train, 2 replacement wheelchair lift equipped vans, 15 bus shelters, bus stop signs, a 2 -ton fork lift, and an automatic scrubber/ sweeper machine. City Manager Townsend explained that the regulations of the urban Mase Transportation Administration require a public hearing for the submission of grant applications and the public hearing today pertains to two applications, one involving the capital equipment or capital assistance grant and the other the current year's budget in which the federal budget will be assisting in the cost of half of the operating deficit. Mr. Townsend referred to a memorandum from Mr. Tom Stewart in which he provided a summary of the application and the method through which the federal half of the cost of operation is actually calculated. He explained that rhe 1cce1 share is composed of many things other than just out-of-pocket cash including fuel, advertising. charter profits and raintenance income, etc, He informed the Council that Mr. Roy Klett, Mr. Bill Perkins and Mr. Jack Holt of the Transit Division were present to answer any questions. Mayor Jones ascertained that no one in the audience wished to address the Council in regard to this item. City Manager Townsend then introduced to the Council 11r. Jack Holt, the new Maintenance Superintendent who is in charge of the physical side of the Transit Division. He provided background information on Mr. Holes experience. Sures Regular Council Meeting Calabar 29, 1980 Page 5 Mk. 'Bili Perkins of the Transit Division referred to Stewart's tuenoraadum and informed the Council that the figure pertaining to capital assistance should be changed to $2:734,050 and indicated that the federal share of this would be 80%. the state 13% and the local 7%. Mr. Perkins further explained that they had deleted the 2 -ton fork lift in the amount of $18,000; the scrubber/sweeper, $5.000; and reallocated about $12,00€1 into wheelchair lift equipment because the price has increased much more than they had anticipated. He stated that the reason the fork lift and scrubber/sweeper were eliminated is because they feel that $48,000 in one of the old grants might possibly be puret .Ted from this source. Mr. Perkins further informed the Council that they plan to purchase 15 buses, one spare diesel power train, two wheelchair lift equipped vans, 15 bus shelters and about $17,500 worth of bus stop signs and miscellaneous type of equipment with the 10% contingency for a total of $2.7 million grant. City Manager Townsend pointed out to the Council that a list had been submitted to them at the time the hearing was set and this is a substantial change from earner discussions. He stated that at one time they were considering replacement of the yard and the maintenance facility to be included in this grant application, but it is the toncensns of the staff that replacing buses is much more important at this time and is almost an emergency nature. Mayor Jones asked for a brief summary of the improvements that would be made in the Transit system and approximately how long it will take to obtain them. City Manager Townsend stated that the City plans to replace the old buses and it will be some time before they actually arrived. Mr. Perkins referred to the time table and stated that they hoped to have the UMTA grant approval process approved either in late January or early February; a minimum of one month will be required for the bid prccees; they hope to award bids around March and possibly the buses will be delivered between February and June of 1982, Wae Minter -s ReguIer eeaueeii Meeting (October 29:, 1980 Page 6 City 'Manager Townsend ex:need ap_reeiation for Mr. Perkin's enthusiasm, but stated that in reality it would probably be at least the end of 1982 before the buses are actually delivered. Councilmemher Turner inquired about the passenger capacity for the buses they plan to order. tfr_ Perkins replied that they :cope to obtain the size of bus that the Council desire;, :,ut this will be discussed with the Council at the Lime they receive approval of the Council to go out far bids. Councilrsember Turner asked for Mr. Perkin's opinion of the possibility of purchasing smaller buses. Hr_ Perkins replied that he felt that it was preferable to purchase buses 30' or larger because when you purchase a smaller bus than the engine is smaller and the bus wears out much sooner than the larger buses. He stated that his department will recommend the purchase of a 35' bus which would carry 36 to 45 passengers, because the larger buses last longer and the cost for gasoline, maintenance, etc. are about the same as the smaller buses. Councilmember Turner then asked in order to accommodate wheelchairs if it would be necessary to take out some of the space for this purpose. Hr. Perkins replied that they would have to remove possibly two seats to accommodate the wheelchairs. City Manager Townsend explained chat the requirement to equip the buses with wheelchair lifts is under current discussion and possibly by the time they are ready co recommend going out for bids the matter will be resolved. Mr. Perkins reiterated that if they have to have each bus equipped to handle wheelchairs, one row of seats is deleted and one must be of the type that can fold up or down. Mr. Perkins stated that past experience nationwide indicates that people do not use the wheelchair spaces because of the difficulty they have in reaching a bus stop. • cares Regular Coumcil Meeting October 2g, 2980 Page 7 City Manager Townsend stated thaz.c :' u1d like to elaborate on the subject of the size. He exp ethed that when specifications are prepared, it is not really an open-,arkee because there are a limited number of companies that supply them. ie also pointed out that there are very few companies that manufacture the smeller size buses other than the shuttle buses, buses with school -type coaches and coaches that take passengers to and from airports. He explained that they really are not designed for operating in the Transit Division. Mr. Perkins explained that the 15 buses to be purchased would basically complete the City's replacement program of the older vehicles. Mayor Jones inquired if the number of riders of the buses has increased over the last six months. Nur. Roy Klett of the Transit Division replied that in the last 12 mouths the increase has been 7Jy in fare box riders including transfers. Councilmember Diaz inquired if there is any particular section of town in which the number of bus riders has increased and Mr. Klett replied that a few sections have increased and mentioned in particular the Naval Mr Station route. He also stated that the Arboledo buses, Santa Fe, Hillcrest and Saxet have shown an increase. City Manager Townsend pointed out, however, chat with the increase,, ridership, the City is still not even paying the fuel coat. Mayor Jonee asked if there had been time to assess the impact of the new maps which were published in the newspaper, and Mr. !{lett replied that they have had some favorable comments but they have really not assessed the results. Mayor Jones referred to discussions conducted during the Budget bearings and commented that a number of buses were out of service because of maintenance and a number had inoperable air condition uits. City Manager Townsend assured the Council that the Transit ea Division will have the buses in better condition soon. Er. Holt agreed with that statement and promised that they will soon have 1007. availability of buses running and by spring, every air conditioner in the buses will be functional. ;7 Missettes Megul.ar Ceencil t[eecing October 29. 1980 Page 8 444 City Manager Townsend noted that the budget on the Transit Division has been preeeatted to the Cauacil previously and there is a need to simply reendors,e that budget because there are no substantial changes. He stated that the staff will present some modifications between revenue sharing aad UMTA cash, noting that there is a possi- bility that revenue sharing may not be approved. He explained that if the City loses the revenue sharing funds, the amount of the TWA grant will gradually reduce because the amount of cash required to code from local tax money will increase because of the regeirement that it is necessary to maintain the previous average of the two prior years. There were no further comments. Motion by Turner that the hearing be closed; seconded by Diaz; and Masse uaanfrously. Motion by Turner that the staff's plan for the grant application be approved; seconded by Diaz; and passed unanimously. Noting the presence of representatives of the League of Women Voters, Mayor Jones informed them that the Council discussed the industrial district contract and made decisions on new terms to be included in that contract. He stated that it will be on the agenda next week and copies of the proposed contract will be available Friday, October 31. Mayor donee called for the City Manager's Reports. City Manager Townsend presented the following items wiih related comment© and explanations and recommended that: a. Bids be received et 11:00 cm., Tuesday, November 18, 1980 far seven rep/eminent and two additional traffic signal controllers. The seven will replace high maintenance controllers at Everhart/Staples, Weber/Staples, Weber/Geuther, Part/Morgan, Morgan/Airport, Aiameds/i7addridge, and Beidwin/Morgen intersections. The two additional snits sidli be used as spares. x;; :mattes Saguiar Council Mee:i g. October 29, 1980 Page 9 b. Annual supply agreenxs be approved with the following firms: (1) Sasser Petroleu.=n, Corpus Christi Item Def rilation Price 1 Se:vent 7,455 go loos 5 10,104.75 5 Natural Gas Engine 00 - 550 pa/fans 1,4&8.5+7 8-8 Multi Purpose Chassis Grease - 10,950 lbs. 5,619.50 9 Wheel Bearing Grease - 1,545 lbs. 855.40 14-16 Multi-Furpo,ee Gear Lube - 4,247 lbs. 1,735.85 18 Special Purpose 00 - 2,585 gallons 6,410.80 19 Form t1ll - 550 gallons 1,028.50 wrzram (2) (3) Texas Star Service, Corpus Christi 20 ?-_?t Freeze - 3,W° gallons 10 dnaustriai Lubricants, Corpus Christ 2-4 Multi Purpose Motor 00 - 21.000 gallons $ 50,466.00 10-13 Automatic Transmission Fluid - 1,500 gallons 3,841.45 17 Hydraulic tail - 4.345 gallons 7 777.55 Grand Total sI50739.30 The apparent low bid of Mobil 0€1 of 61,342 on item is not recommended because the 6126.50 differ once is not enough to justify a separate contract since this was the only item on which Mobil was low. It is recommended that the only old received for #1 and #2 diesel fuel by Sasser Petroleum of €!.cts per gallon (#1) and $.96005 per gallon (42 by transport truck), a=.005 per gallon (#2 by wagon) and $1.2155 tank 9 per gallon (42 in gallon drums; Be rejected. It Is recommended that the current contract for 41 diesel fuel be continued with Texaco at 5.89 ter gallon and #2 diesel fuel be readvertised. Texaco has agreed to continue the 41 contract at $.89 ner gallon. c. A portable railroad car unloader and conveyor be purchased from Coney Lott Nichols Machinery Company, Corpus Christi, on the basis of low bid of 823,320 for the Street Division to unload street construction materials from rail_ ead__cars_. Currently, an unloading system is rented at ..75 ner ton. Approximately 25,000 tans of material are unloaded each year resulting in an unloading cost of $18,750. At this expenditure rate, the unloading system should pay for itself in two years. Bids were received from two firms. d. A contract be approved with the Japanese Art Museum for purchase of professional services during 1900-51. The 19E0-91 Budget provides $7,000 for utility and routine maintenance for t}w Museum in exchange for the Museum being open, six days per week, provide educatio instruction, perform arts and craft; demonstrations, conduct outreach programs, provide support for Sister City functions, and assist in industrial development and tourist promotion. N4-14qW. qcWW Minutes Regular C:o" ri l tae: Inz October ':9.. 1980 Page 10 e. flighlamd Resources, Inc. be granted a permit to drill a second well from an established well claster in State Tx -act 21 of Corpus Christi Bale- The well to be kpawn as State Tract 20 Well #1 will be directatally drilled to a depth of 9,500 feet beneath the ship channel fairway. The surface ioc='mon is euteide of the fairway and 3,120 feet from the edge of the channel. The location is about a mile and a half southwest from ingisside Paint. No exceptions tc the Ray Drilling Ordinance have ben requested. Councilmember Diaz referred to Item "d" and commented that since it will be a directionally drilled hole beneath the Ship Channel expressed concern about the possibility of blow out in this area. City Manager Townsend explained that the well is actually almost out to Harbor island and is really not in the Ship Channel waterway. f. An agreement with Del Mar College to employ eligible students in the student work-study program be renewed for 1980-81. Students will be employed in various City activities from 12 to 15 hours per week and assigned to areas consistent with their academic background. The approximate City cost par student will be $115 per semester which will come from existing salary appropriations. Over the past several years the number a students employed each academic year has been three to five. This year 13 students have been assigned to the following activities- 2 in Tax Office, 3 in Data Processing, 2 in Health, 2 in the Radio Shop, and 1 each in Traffic Engineering, Auditorium, Legal, and the City Garage. A water contract for the sale of up to 2,000,000 gallons of treated water per month by the San Fats icio Municipal Water District to the Rincon Water Supply Csrnoration be approved. Water will be supplied from the Reynolds line *).rough the Taft booster pump to the Rincon distribution system in the Sadville area south of Sinton between Odem and Taft. vniy a small part of the area near FM631 is within the City's 5 -mile extraterritorial jurisdiction. The distribution system to serve rural customers will be financed by the Fanners Home Administration. This is the third contract between Rincon and San Patricia. Through previous contract, Rincon supplies water to the Whitepoint area south of Taft to Fleeces Bay and to an area north and east of Taft and Gregory. The San Patricia Municipal Water District has approved the contract. h_ The fallowing actions be taken in connection with the Hendricks Street improvements: (1) The public hearing on assessments for paving, water, and sanitary sewer improvements held an October 1, 3980 and October 8, 1980, be closed. {2) The revised assessment roll consisting of 8 items totaling $74,555.63 be adopted. The contract for improvements be awarded to A & G Utility Company for $126,991.20 and $140,000 be appropriated, including consulting engineer fees, testing, and related expenses. Seven of the eight property owners have agreed to the assessment redistribution, as a result of the Council findings at the hearings. The redistributicr has added $19.79 per lineal fait to assessments on the south side of Hendricks Streets. Mr. George Gaines has further agreed to dedicate 276 square feet at the Hendricks -South Padre Island Drive Intersection for street purposes. g• (3) 410 iiidA 5 ties Regular d 2Lere t `eeet i .,1 October 29. 1.984 Page 11 i. A portion of a 25-f¢zot .gate• tine easement aio ng the north side of the H.E.B. property on McBride Lane. be closed to permit expansion of tea ?3.i.S. bakery_ A 36" rater line is in the easement but has been out of service for three years. it is recc mi ended that a portion of the easement be closed to permit the bakery building expansion, an equisr.ent easement be dedicated and U.E.B. furnish the City a hold harmless agreement for any future damage which might remelt to the portion of the building within the original easement, and pay all costs necessary to relocate a portion of the lire. j• $8,604.53 be appropriated for final payment to Chapman Construction Company for Phase l Various Water improvements. The City Council accepted the project on July 23, 1980, retaining 119,470 for uncompleted work beyond the control of the contractor with the stipulation that it be released by the Director of Engineering and Physical Development when complete. Due to calculating errors by the City, previous est Bates did not include all of the completed work, most of which was in pavement repair and sidewalk and driveway replacement. The 4th Year Community Development project included installation of 5" and 8" water lines in Bayview, Hampton and South End Additions. The uncompleted work involved excavation -for and -pa€Yrement repahrs wain nes to ne made ny the Water Divlston to connect to the existing system and installation of an irrigation system in Furman Avenue. k. Change Order No. 1 to the Lamar School Area Street Improvements Unit II for $7,707.85 he approved. The change order involves the Mewing two items: (1) Additional storm sewer and inlets on 25th Street made necessary because of survey error which requires the street grades to be changed. (2) Installation of a header curb along the Bonilla property required in connection with additional paving work the Bonillas' plan on their property. The cost of the header curb ($768.60) will be reimbursed Wee by the property owner_ 1. Change Carder No. 3 for $5,618 to the Rieke Neighborhood Center project, for additional concrete repair at the Police Building be approved. Work In progress at the Police Station, included in the Ilialcn project, has indicated excessive voids under sidewalk and entranceways at the south side of the building. This change order would provide for removing backfilling and doweling the new work to =hang beams to prevent future settlemtn on thio former fill este. 4 Council:member Diaz inquired if the staff plans to transfer the $5,648 from the ilialco Neighborhood Center project to the Police Building project and City Manager Townsend replied that this is out of the General Fund and the Council authorized a change order to the eon - tractor to do the nir_or concrete job at Police Building since the contractor was working in that general area. Mtnutsa Regular Council licettEm October 29. 1 8� Page 12 c 211. Coentitmember Zsrsky referred to ttt "i" and inquired if another 36" coater line will be constructed_ City Manager Townsend replied that he had some questions about this reese-..,ca Geation and exp aired the history of the water drain cn lip River Rod and located the various water mains in that area. He stated shat the water Eine referred to has been out of service for 3 years. Mr. Townsend farther explained that he will have a report soon on the Laster twater Line System which is in the process of being prepared_ He assured the Council that the contract provides that H.E.B. would have to replace the water line if there is a need for it in the future and they will also have to sign a hold harmless agreement. m. Pians and specifications for the Lexington Estates -Malian Acres 'Street improvements project he approved and bids be received on November 26, 1989. The following residential streets are included in the project; Hakel Street from McArdle Road to Mahan Drive; Foley Street from Cosner to near Broughton Drive; and Srandesky. Cosner and Kosarek Drives from Padre Island Drive to !dcAr dle Road. This project is a 1977 Voluntary Paring project providing for 1-3/4 miles of residential street reconstruction. All streets would be reconstructed totally except Kosarek where only storm sewer and sidewalks will he installed. The pavement, curb and gutter and driveways ere In good condition on Kosarek. City Manager Townsend explained that this is to be constructed with City bond funds; no Community Development funds would be used; and there will be assessments associated with the project. He explained that the people in the neighborhood petitioned to have Kosarek Street improved; only the asphalt needs to be replaced; and the City plans other improvements on this street such as sidewalka. drainage and a new surface on the street. Councilmember Best inquired if the people on that street had been informed that they would not have a complete reconstruction of the street. City Manager Townsend replied that they had not been informed but the staff .feels this is all that is necessary. • Minutes Regular CouFincie. Cee ..csi October 2?1. 19SO .Page 13 Couttcilraember ctc3t expressed the opinion Mat the property owners who had signed the petition should be consulted before the project goes out for bids. City Manager Townsend pointed out that the only portion of the project which will nut be completely reconstructed is one block of Kosarek Street. He thea stated that he would request that Mr. James K. Lantos, Director of Engineering and Physical Development, contact those that signed the petition on Kosarek Street and he assured Dr. Best that this would be done before the bids are received. n. The rental rate be corrected in the lease with the First United Methodist Church of Alice, authorized by ordinance on October 1, 1980, frau 3.50 per square foot or 31,040 per mots ' --- square foot or 31,144 per month. On December 19, 1973 ty Council approved increasing the rental rate to 3,55 per square foot in last year's lease to provide janitorial service. When the lease was renewed, the $.50 per square foot rate was erroneously included in the lease. The space is used as an Employment Opportunities Pilot Program field office. o. The gift of .29 acres out of Arroyo Tract "c" at the intersection of Carrico and Blucher Streets adjacent to BIucher Park, willed to the City by Mrs. Pearl Moore Westervelt, be accepted; previous redemption tenders of 31,638.72 and 32,084.08 to Mr. Harry Pinson, the attempted purchaser of the property at a tax sale, be ratified and the City Attorney be authorized to file a suit to clear the Clty's title to the .29 acres. Mr. Pinion refused the latest City offer of 910,000 plus a life right to use the property. Counciimember Diaz inquired if thia involved a probate action on Mrs. Westervelt and Assistant City Attorney Doegey replied that it was in probate court. City Manager Townsend provided background information and explained that this land was given to the City and an executor of the estate informed the City. He explained the details of the transaction noting that a problem existed because Mr. Harry Pinson had attempted to purchase the property at a tax sale and there is some question of the City's title to the land. He explained that the Council's approval of this recommendation will allow the City to obtain clear title to the property. x a 17,01344i yys Minutes Regular Coenei2 Maatiug tY to:6er 19 1980 Page IA City Attornfy Bruce Aycock explained further that Mr. Pinson is in possession of the house on the land and the only way to have hies removed from the land is to file a suit to clear the City's title. The City Psi the "rill. Workers' Compensation Fund settle subrogation Interests in an automobile injury ease. Emergency roofing repaircontracts be awarded to E. M. Castillo Roofing Contractors for the following public buildings at the costs indicated: l} City Mall Annex for 116,170.00, of which $6,908.00 is Hurricane Allen damage covered by insurance and $9,252.00 is previously budgeted roof repairs. s2} The City Bali Building for $7,000.00 of which $6,480.00 is covered by insurance and $520.00 is for the removal. of the abandoned cooling tower on the roof. (3} The Public Utilities Building far $3.150.00 of which 100% is being reimbursed by insurance. The portion of the contract for janitorial services far Flour Bluff Branch Library and the Utilities Office at 1456 Waldron Field Road with Armstrong Buildh:g Maintenance Company be cancelled and a new contract be awarded to the second low bidder, Pritchard Services, Inc. for $884.00. Armstrong's bid was $780.00. The 13nployment Opportunities Pilot Program office at 405 Laguna Street had been Included in the original bid invitation but was deleted when it was decided that the office would furnish its own custodial service. Armstrong stated it had been their intent to bid "Ali or None" and that the offices at Waldron Field Road were bid only as part of the package or be off -set by the Iarger dollar value locations. Since the E.O.P.P. location was deleted, he requested the Waldron Field Road offices be entailed. Pritchard Services bee agreed to provide service to the iibrary cid utilities office at their bid price. City Manager Townsend referred to Iter r" and stated that these roofing contracts have been authorized and there will. be more in the future, Couneilmember Diaz inquired if bids were received on this item and what authorization the staff had tc recommend award of these bids. City Manager Townsend replied that this was authorized under the '� ordinance for emergency repairs following Hurricane Allen. In a related matter. Councilmember Turner inquired about the value of the City tIell Annex. mute: Regniar u1wti ii aey, Dumber 29, g9S0 'Page 15 City Mtuaj r Tewnse nus 7t.izeu+ s,., . :asiwai1 ail :.f this land pas built when the seawall trey inseal.ied ant explained the various owners of that particular building. He explained that the underlying assumption had okras. been that that particular property should always be for public purpose. Counci3evm'er Turner inquired if there were any restrictions on that particular building and City .ianagar Townsend stated that the property belongs to the City and anything can be installed there as long as it is for a public purpose. He explained further that even a multi -story building could be built there. Councilmember Turner expressed the opinion that the building should be renovated for additional City offices in view of the large sum the City is paying for rental property. City Manager Townsend stated that it is really not the type of building that could be expanded and the only way a larger building could be built would be to tear down the existing structure and construct a new building. There were no comments from the audience on the City Manager's reports. Motion by Sample that the City Manager's Reports, Items "a" through "r", be approved; seconded by Zersky; and passed unanimously. City MManager Townsend informed the Council that he would like to provide a further explanation in regard to item "p" of the City Manager's reports involving a worker's compensation settlement. He explained that one of the Gas Division employees was involved in the accident and the party involved has $25,000 insurance and Chat there is the possibility that the insurance company may be able to settle for that $25,000. He stated that this item would involve the employee waiving his right to sue. Motion by Diaz that this suit be settled within the limits of the insurance; seconded by Sample; and passed unanimously. * ;, * * * * .. * * * Regular Council :{eeting as7..311e'r 29. 1930 Page 16 Mayor ?ones sated chat the Coua i1 has a scheduled public hearing at 3.30 p..u. and declared the regular meeting recessed at 3;30 p.m. Mayor Jones reconvened the Regula: Council Meeting at 5:12 p.m. and called for the ordinances. City }anger Townsend briefly explained the ordinances on the agenda. There were no comments from the Council or members of the audience; City Secretary polled the Council for their votes; and the following ordinances were passed. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-254, SCHEDULE V INCREASE OF STATE SPEED LILTAIN ZONES 6 IIT IN CERO AS TO DELETE 9) AND IN LIEU THEREOF ADDING PROVISIONS FOR SPEED LIMITS OF 35 Mf LES PER HOUR AT Au TIMES FROM CROSSTOWN EXPRESSWAY (S.LL 266) SOUTHBOUND FRONTAGE ROAD To A POINT 180 FEET EAST OF OAK PARK AVENUE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the fallowing vote: zonas, Sample, Best, Diez, Dumphy, Turner and Zarsky voting "Ayee. SECOND READING: AMENDING SECTION 49-5 OF THE CORPUS CHRISTI CITY CODE TO ADD fel" EXCEPTION N3 AS SET OUT IN THEY BODY OF ENDING MACHINES ORDINANCE; CONDMOPROVIDING FOR SEVERANCE. The foregoing ordinance was read for the second time and paused to its third reading by the following vote: Janes, Sample, Best, Diaz, Dumphy, Turner and Marshy voting "Ayel'. SECOND READING AMENDING CHAPTER 36, PARKS RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, ARTICLE i1, COLISEUM AND EXPOSI-TION HALL, BY AMENDING SECTION 36-39, CLASSIFICATION OF ATTRACTIDm AD 3641, BASIC RATE TABLE OF , 36-43, CLASSIfTCATION OF SPECIAL SSIZVICES AND SCHe ULE OF CHARGES, SO AS TO IIZZ1tEASE INCREASE REN THE COLISEUM, AS MORE FULLY SET FORTH HEREINAFTER; PROVIDING FOR EXCEPTIONS TO THE SAID INCREASE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read far the second time and passed to its third reading by the feRaw n vote: Jonas, Sample, Best, Eke, Dunphy, and Zsriky voting eAyie. P Y. Turner tiWWW • Riau -A Rawl, Pxso Mae! .)'M)11,S A N _: E. AMENDING 'IRE CODE OF ORD:NANcES. CI'T'Y of cORPJS CHRISTI, 1976 REVIS.iON AS A ENDI:'I~,•,5' a IN 3ivs SrC ION 53-254, SCHEDULE V INCREASE CT STATE SPEED LIMITI'i ERTAI i ZONES, SO AS TO DELETE RPPEREI4C " r RIfC3ii5` F 34,,E,T7 PADRE- LAND DRIVE {S.f3.358) AND NORTH PADRE ISLAND DRIVE (5.H.358) f RONTAGE ROADS AND IN LIEU THEREOF ADOPTING .NEW PROVISICA S FOR SPEED LIMITS ON CROSSTOWN PRESSW Y. C-OUT?I PADRE ISLAND DFdW (S.H_358) FRONTAGE ROAD, NORTH PADRE ISLAND DRIVE CS.H.358) FRONTAGE ROADS AND INTERSTATE H1HHWAY 37 FRONTAGE ROADS AS REI NAF i £R PROVIDED; REPEALING ALL ORDINANCES IN CONFLICT EEEREWErH; AND PROVIDING FOR PU3LICATIoN. The far going ordnance was read for the third tine and passed finally by the following vete: Jones. Sample, Rest, Diaz, Dumphy, Turner and Zarsky voting "Ayefi ORDINANCE NO. 15845 AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE JAPANESE ART MUSEUM FOR TETE OPERATION AND MAINTENANCE OF A MUSEUM, AS MORE FULLY SET FORTH IN THE AGREEMENT, IN' SUBSTANTIALLY THE FORM ATTACHED HERETO AND MADE A PART HEREOF, MARKi=D EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Tones, Semple, Beat, Diaz, Dumphy, Turner and Zarsky voting 'Aye". ORDINANCE NO. 1 AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DEL MAR COLLEGE PROVIDING FOR PARTICIPATION IN A WORK-STUDY PROGRAM TO EMPLOY STUDENTS FROI4 LOW-INCOME FAMILIES IN PART-TIME EMPLOYMENT, ALL AS MORE FULLY SET FORTIS IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY, The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Sample, Hest, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15847: ALUTHOtRIZING THE CITY MANAGER ERi T'O APPROVE. A CONTRACT BETWEEN SAN PATMCIO MUNICIPAL WATLAc DISTRICT AND RINCON WATER SUPPLY CORPORATION FOR THE SALE OF TREATED WATER TO THE CORPORATION BY THE DISTRICT, ALL AS MORE FULLY SET FORTH IN THE CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EhMERGENCY. The Chalker Rule was suspended and the foregoing ordinance was passed by the following vote: Innes, Sample. Best, Diaz, Dunphy, Turner and Zarsky voting "Aye. ORDINANCE NO. 15A4Ii: CLOSING THE HEARING ON STREET, PAVEMENT, DRAINAGE, WATER AND SANITARY SEWER IMPROVEMENTS FOR THE FOLLOWING STREET: Hendricks Street, from Padre Island Drive to Bush Street; AND FINDING AND DETERMINING THAT PROPERTY ABUTTING THE SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF IMPRDVE+,ENT5 AND LEVYING AN ASSESSMENT AND ADOPTING AN ASSESSMENT ROLL: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: zonas, Sample, Beat, Diaz. Dumphy, Turner and Zarsky voting "Aye" Kinutes Regular Council Heat On, O Leber 29, 19 Page 18 ORD/ ANCE NO. 1584.9: AUTHORIZING THE CITY MANAGER TO EXECJTE A CONTRACT WITH A & G UTILITY COF OMPANY 5140,000, OF}1WHIC 109,557.05 SSI OUT OF HENDRICKSITHE NO, 220 STREET" BOND FUND FOR STREET, DRAINAGE AND WATER D PROVEMENTS. PROJECT :{G_ 220-77-42, AND $30,442.4 IS OUT OF THE NO. 250 SANITARY SEWER BOND FUND FOR INSTALLATION OF SANITARY SEWER LIIs S rsamraNG OVERSIZE/OVERDEPTH, PROJECT NO. 250-77-33, OF WHICH TOTAL APPROPRIATION 1125,991.20 IS FOR CONSTRUCTION, 110,160 IS FOR CONSULTATION FEES PAYABLE TO URBAN ENGINEERING, AND 12,848.80 IS FOR ADDITIONAL ENGINEEEING, LABORATORY TESTING, INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Ryle was suspended and the foregoing ordinance was passed by the following vote_ Tones, Sample, Best, Diaz, Dumphy,Turner and Zersky voting "Ayee. ORDINANCE N4. 15850_ APPROPRIATING 115,881.37 OUT OF THE NO. 141 WATER FUND, ACTIVITY 5171, CODE 522, FOR TNSTALATIC/N OF WATER LINES IN HENDRICKS STREET, FOR TRANSFER TO THE NO. 220 STREET BOND FUND FOR WATER LINE CONSTRUCTION INCLUDED IN THE CONTRACT AWARD TO A & G UTILITY COMPANY APPLICABLE TO PROJECT NO. 220-77-42, HENDRICKS STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended end the foregoing ordinance was passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zersky voting "Aye'. ORDINANCE NO. 15851: CLOSING AND ABANDONING A STRIP ALONG THE SOUTH SIDE OF THE EXISTING TWENTY-FIVE FOOT WATER LINE EASEMENT ACROSS THE H.E.B. GROCERY COMPANY TRACT NORTH OF THE ADJOINING LOT 1, BLOCK 5, WESTSIDE INDUSTRIAL DISTRICT, RECORDED AT VOLUME 23. PAGE 22, MAP RECORDS OF NUECES COUNTY, TEXAS, SUBJECT TO EXECUTION OF A HOLD -HARMLESS AGREEMENT RELIEVING THE CITY OF ANY RESPONSIBILITY FOR DAMAGES THAT MIGHT RESULT TO BUILDINGS CONSTRUCTED WITHIN THE ABANDONED FORTION OF THE EASEMENT; PROVIDING FOR DEDICATING CONTIGUOUS EASEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Jones, Semple, Best, Diaz, Dumphy, Turner end Zersky voting "Aye. ORDINANCE NO. 15852: APPROPRIATING $8,604.53 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, FOURTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, FOR ADDITIONAL COSTS INCURRED UNDER THE CONCONSTRUCT ON COMPANYON CT NC. , FORH INSTALLATION OFSE GRAN LNE IMPROVEMENTS, PHASE 1, APPLICABLE TO ACTIVITY 4741, CODE 502; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the votingfoU wr vote: Jones, duple, Beet, Diaz, Dunphy, Turner and Zareky, ORDINANCE NO. 158.4_ AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER NO. 1 TO THE CONTRACT WITH ISLES COINSTRUCTION COMPANY £OR IMPROVEMENTS TO THE LAMAR SCHGOI. AREA STREET PROJECT. WHICH PROVIDES FOR ADDITIONAL STORM SEWER MEE'S ON 25TH STREET, A SUBSTANTIAL COPY OF WHICH 3A;IE ORDER IS ATTACHED HERETO AND MADE A PART 11E3E0E. MARKED EXHIBIT "A"; APPROPRIATING 57,747.35 OUT OF THE NO. 2203 STREET BOND FUND FOR THE AFORESAID CHANGE ORDER, APPLICABLE TO PROJECT NO. 220-77-2.7. LAMAR SCHOOL AREA STREET IM?ROVEMENTS, UNIT 2,; AND DECLARING AN EMERGENCY. The Charter Ruin was suspended .nd the foregoing ordinance wa:, passed by the fallowing vae: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15854: ACCEPTING GIFT OF REMAINDER INTEREST IN .29 ACRES OUT OF ARROYO TRACT "C" 1N THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS DEVISED TO THE CITY BY THE WILL OF THE LATE PEARL MOORE WESTERVELT; RATIFYING REDEMPTION TENDERS MADE BY THE CITY MANAGER; ADTHORIZiNG THE CITY ATTORNEY TO FILE SUIT TO RECOVER SUCH: PROPERTY FOR TBE CITY OF CORPUS CHRISTI, TEXAS; AND DECLARING AN EMERGENCY. The Charier Rule was suspended and the foregoing ordinance was passed by the following vats: Jones. Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15855: AMENDING' THE ZONING ORDINANCE OF TI{E 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 THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CTIMMID Tilt ZONING ON THE FOLLOWING DESCRIBED LOTS AND BLOCKS, FROM "A-2" APARTMENT HOUSE DISTRICT, 93-5" PRIMARY BUSINESS DISTRICT AND "B-1" NEIGHBORHOOD BUSINESS DISTRICT: TO "11-1B" ONE FAMILY DWELLING DISTRICT ON STEELE ADDITION: ALL OF BLOCK 6 EXCEPT LOTS 1 THROUGH 30 AND LOT 48; ALL OF BLOCK 7 EXCEPT LOTS 12. 13. 23 THROUGH 26, 53 AND 54; ALL OF BLOCK 8 EXCEPT LOTS 18 THROUGH 42 AND 59 THROUGH 62; PATRICK WEBB SUBDIVISION: ALL OF BLOCK 9 EXCEPT LOTS 10 THROUGH 12; ALL DF BLOCK 12; ALL OF BLOCK 13 EXCEPT LOTS 5 THROUGH 8; ECKERD ADDITION: ALL OF BLOCK 2, EXCEPT LOTS 1 RIND 2; MONTROSE PARK: ALL OF BLOCK 1 EXCEPT LOTS 1. 3 AND 4; ALL OF BLOCK 2 EXCEPT LOTS 1 THROUGH 7, 11, 12 AND 14; TIERRA ALTA ADDITION: ALL OF BLOCK 4 EXCEPT LOTS 1 THROUGH 3 AND 15, 24. 25, 27 AND 28; ALL OF BLOCK 5 EXCEPT LOTS 1, 2, 12, 22 AND 26; ALL OF BLOCK 6. TO "R -1W' ONE FAMILY DWELLING DISTRICT ON VILLA GREEN ADDITION: ALL OF BLOCK 1 EXCEPT LOT 18; ALL OF JUAREZ ADDITION; SUMMIT ADDITION: ALL OF BLOCK 1 EXCEPT LOTS 9, 10, 21 AND 22; BLOCK 2 EXCEPT LOTS 12 AND 14; BLOCK 3 EXCEPT LOT 12; BLOCK 4 EXCEPT LOTS 1 AND 2; BLOCK 5; BLOCK 9 EXCEPT LOTS 12 THROUGH 14; BLOCK 8 EXCEPT LOT 1; BLOCK 10 AND BLOCK 11; ALL OF BLOCK 6 EXCEPT LOTS 2 THROUGH 9, 18 AND 19, 40 AND 41; ALL OF BLOCK 7 EXCEPT LOTS 2, 3, AND THE SOUTH 76 FEET OF LOTS 22 AND 23; PATRICK-WEBB SUBDIVISION: SUBDIVISION: ALL OF BLOCKS 1, 10 AND 11; ECKERD ADDITION: ALL OF BLOCK 1; 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 was passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". MRkRles Regular C!c1 Laing Page 20 ORDINANCE NO. 15856: AADOPTED MENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ON THE VTTII DAY OF AUGUST, 1937, APPEARING OF RECORD IN RECORDSAS AMENDFROM TIME TO TIMEVOLUME 9. PAIRS 565, ET SEQ. OF THE ORDINANCE AND RESOLUTION ALARLY AS EDS S ORDINANCE D ED 6106 AS AMENDED, INUPQ i APPLICATION C1riTION OF B. BIZ, BY AMENDING THE ZONING MAP BY CHANGING THE zutuNG ON DIM 1 AND 2 BLOCK G LAS PALMAS SUBDIVISION. SITUATED IN THE CI1'Y OF CORPUS CHRISTI; NUECES COUNTY, 1'F.R'AS, FROM "R -1B0, ONE FAMILY DWELLING DISTRICT TO "B -I" NEIGHBORHOOD £ ALL OTHER PROi�IS ONS IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY_ ,fie ming Rule Charter was suspended and the foregoing ordinance was passed by sg Tones, Sample, Best, Diaz, Dumphy, Turner end Zarsky ORDINANCE NO. 15657: RESOLUTION ESTABLISHING A MAJOR PARK FACILITY IN THE FLOUfl BLUFF AREA DESCRIBED AS A 20 -ACRE TRACT IN LOT Il, SECTION 5o, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS. The Charter Rule was suapended and the foregoing ordinance was passed by the following vote: Zones, Sample, Best, Diaz, Dnmphy, Turner and Zarsky voting "Aye". E IN Mayor Jones called for petitions or information from members from the audience on items not scheduled on the agenda. Mr. R. H. Robertson, 7405 Milky Way, representing a group that is trying to du something about Athena Cablevision, informed the Counc-l1 that his group objects to the crnstruction of facilities in their front yard and he feels that this is in violation of the Building Code_ He seated that the property owners in his neighborhood only had 15 hours notice that Athena Cablevision would make these installations_ He informed the Council that the City's Building Code requires that no structures can be constructed beyond the front porch line and he is of the opinion that these installations should have been underground since they are not in compliance with the Building Code. Mr. Robertson said that he realized that utility lines were allowed to be constructed in the easements, but he is of the opinion that Athena Cablevision installation are not utilities, they are strictly for amusement. He informed the Council further that he has ckif NV 'tj�� "+a 41fAtith t41:1'3z ' � .. i4,', r1t ,Y�, •"�S.`3i i�l of ina�r�F,4a`' 'Y !'''+`iii .:..si..fi`,�;io„' h mate Regular Cwuccil Meeting October 3g, 19*0 Fuge 2l signatures o'w a large number of residents of that area expressing their opposition to these rnstallat=_ons. Nr. Robertson then stated that his attorney had suggested that the City Attorneys should determine and excplain by what right Athena hes to construct junction boxes in the front of these homes. Mr. Robertson also indicated that he understood taut these installations might even interfere with pacemakers_ mayor Jonas inquired if these installations are actually on his property or the easprwnt and Hr. Robertson replied that they are in the easement but that he is of the opinion that the easement was granted to the City for the installation of utilities and he does not consider cablevision to be a utility. City Manager Townsend agreed that Mr. Robertson's objection is one that is well understood. He reminded the Council of the unhappiness that has been expressed in neighborhoods where cablevision installation is laid underground. He explained that the only way the cable company has the right to install facilities in the easement is by the Council determining that this is a public utility line and the question of whether or not the cable company could design a better junction box was debated several years ago. Mr. Townsend explained, .however, that he is not aware of any electrical hazard from the junction box installation. He suggested that as the new franchise document is reviewed, these matters might be addressed because the junction boxes are definitely irritating to the property owners. Mayor Jones also expressed his concern about the problem encountered by property owners with cablevision. Mk. Robertson added that he was personally threatened by the construction crew installing the cablevision lines who informed him that if he interfered with their installation of cablevision, they would have him arrested. City Manager Townsend reiterated that he saw no reason why the could no[ be installed underground. nutca, Mag nis: C'hsu:cf ` eati¢a Gcto or 29, 1980 P4.$e 22 The next speaks— was Mr. Ceiso Guzman of Valero Energy Company. Mr. Guzman extended an invitation to the Council to attend the dedication ceremonies of -their new plant. He explained that the invitations to the ceremonies had inadvertently been misplaced and officials of the company '-lad just discovered that the Council invita- tions had not been mailed. He stated that Mr. Andrew 3. Shoup urged the Council to attend the dedication ceremonies. Several councilmembers indicated that they would try to attend their ceremonies. There mere no further comments from members of the audience. * * * * * * Councilmember Diaz explained that he had a matter that had ----II-a-gay concerned him. He stated that he had checked with Judge Alsup of Municipal Court on the study being conducted on dismissals of traffic violations in Municipal Court and inquired who had authorized this study tor he made. He informed the rest of the Councilmembers that Judge Alsup was not aware that the study was being conducted and he felt that this practice made the judges feel uncomfortable, Mr. Diaz expressed the opinion that the courts should not be investi- gated without the knowledge of the presiding judge. City Manager Townsend explained that this is just an audit process and he would certainly got attempt to conduct a study on the judges but only on the City employees who are under his direction such as the Prosecutor and Police officers who are City employees and are under his jur_edictirn. He explained that he had become concerned from the copies of the monthly reports which reflected a large number of dismissals and not guilty verdicts and he felt that a study was in order to determine whether or not the Prosecutor is doing his job properly. He explained further that he just asked a member of the staff to study the matter to be sure that there is nothing illegal occurring in Municipal Court, but if the Council desired he would, of course, have the study discontinued. Dates October 2Si. ...,s3 Page n sic•`h5,+i�ra.reEai.#'s.wF'.ya- . A€a.,.v�.�, Cimy Manager Townsend assured Mr. Diaz that if the dismissal had the Judge's signature on them, then he, of course, has no aaaestion about that. Councilmember Best painted out to Mt. Dias that City Manager Towneend is only invest`,;ating the actions of the Prosecutors and the Police officers and not the Judges. Assistant City Attorney Daegey also explained that a lot of this is done by monitoring the prosecutors from the Legal Department to be sure that they are properly handling the complaint. Councilmember Zareky expressed the opinion that he certainly would not considerthis study co be out of order because there may be a serious problem in the process and the City needs to know how it e- - rte-evi seed—tert—tiTa -cnxr of Emeses being filed are dismissed, then there certainly is a problem. Councilmember Diaz again stated that Judge Alsup should be the responsible party to have a study conducted. City Manager Townsend suggested that he be allowed to make a report on this following completion of the study. Mayor Jones expressed the opinion that he did not feel that even Municipal Court judges should be beyond scrutiny and he did not object to the study being conducted. City Manager Townsend reiterated that he has never implied that there is anything wrong with the Judges, he is just concerned about th, Prosecutors and the Police officers, who are his employee$, Mayor Jones painted out that he and the Council had appointed the Judges and he personally is very concerned that so many cases are being dismissed and he feels that the Council should be made aware of the circumstances. Councilmember Zarsky concurred with Mayor Jones and stated that if there is a problem with the Police Department or the Prosecutor, then that is the problem of the City and the City Manager. Councilmember Turner stated chat she felt that Councilmember Diaz was just concerned about the level of the authorization of the study, Mmutes Regular Council Meeting October :.5„ 15ad Page 24 Mayor Jones inquired of the City Manager whether or not he had enough information to present to the Council to soon as possible and City Manager Townsend explained that the study has not been completed and is not quite ready_ Councilnember Dumphy pointed out that the Judge is not in charge of the Police Department or the Legal Department and he is of the opinion that the City Manager is responsible for their actions and he agrees that the City Manager has every right to check on their procedures. He suggested however, that in order to show courtesy to Judge dlsup that a letter be written to him explaining why the study is being conducted. Mr_ Rudy Gonzalez, Administrative Assistant in the City i per's fffiee, exple red that the— _ s-icr-tile preliminary process and it was never intended to be a review of the judioial portion of the Municipal Court. Mayor Jones suggested that City Manager Townsend and Councilmember Diaz meet together to talk to Judge Alsup about the study. Another citizen addressing the Council was Mr. Hal Wasson, who explained that he has been trying to obtain permission to provide free fishing for senior citizens. Councilmember Best suggested that the new Animal Control Ordinance be discussed at 9:00 a.m. next Wednesday and that Dr. Prouty be invited to be present to present this to them. Councilmember Turner inquired as to what steps the City is taking to make sure that the Congressmen are aware of the City's concern about the.possibility of a reduction or elimination of revenue sharing funds. Mayor Jones replied that he had personally talked with Congressman Joe Wyatt who had committed himself to support revenue sharing. City Manager Townsend also informed the Council that Senator Tower, Congressman Wyatt, and Senator Bentsen all agreed that they will support the continuation of revenue sharing. • Hrs. Turner stated that she still feel that Mayor .zones agreed that it would not do any harm to write a tetter requesting their support of revenue sharing. There being no further business to come before the Council, on motion by Sample, seconded by Turner and passed unanimously, the regular council meeting was adjourned at 6:04 p.m., October 29, 1480.