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HomeMy WebLinkAboutMinutes City Council - 07/23/1985MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 23, 1985 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Dr. Jack Best Council Members: David Berlanga, Sr. Leo Guerrero Joe McComb Frank Mendez Bill Pruet Mary Pat Slavik Linda Strong City Manager Edward Martin City Attorney Bruce Aycock City Secretary Armando Chapa Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Council Member Mary Pat Slavik, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Linda Strong. City Secretary Armando Chapa called the roll and verified that the necessary quorum of the Council and the required Charter Officers were present to conduct the meeting. Mayor Jones called for consideration of the minutes of the Regular Council Meeting of July 16, 1985. Council Member Bill Pruet made a correction to the minutes on page 9 in regard to the motion pertaining to the Airport. He explained that he had inquired about the canopy rather than the landscaping and suggested the following change: "Council Member Pruet inquired if the canopy was included in the budget, and City Manager Martin replied in the affirmative." A motion was made by Council Member Mendez that the minutes be approved as corrected, seconded by Council Member Pruet and passed unanimously. * * * * * * * * * * * * MICROFILMED Minutes Regular Council Meeting July 23, 1985 Page 2 Mayor Jones announced the bid opening on the following item: Bid Opening & award of oil & gas lease: A three year primary term oil and gas lease for the City's mineral interest in six tracts totaling 137.2117 acres that is comprised of acreage from the Gabe Lozano Sr. Golf Course, Westhaven Park, Gabriel Terrace Drainage Outfall and Westside Wastewater Plant. The minimum acceptable bid is $8,232.70. Lease to be awarded by Council Motion immediately after all bids have been opened. Assistant City Manager Bill Hennings read the only bid received from Jerry L. Reehan with a bonus bid in the amount of $10,976.94. He stated that the staff recommends approval of the lease. A motion was made by Council Member David Berlanga that the bid be awarded to Jerry L. Keehan, seconded by Council Member Leo Guerrero, and passed unanimously. Council Member Berlanga stated that he would like to make a motion to reconsider Zoning Application No. 685-11, Bearco Inc., which was denied on July 16, 1985. The motion was seconded by Mayor Pro Tem Jack Best. Council Member Berlanga explained that he felt that the Council should have more information to provide the residents in that area. Mayor Jones called for the vote and the motion passed unanimously. Council Member Guerrero suggested that the applicant submit a site plan when this case is reconsidered so that the people in the neighborhood will be aware of the type of facility that will be constructed there. City Manager Martin reminded the Council that a site plan is not binding when a change in a zoning district is granted. Mayor Jones requested that this be placed on the agenda next week. * * * * * * * * * * * * * Mayor Jones called for board and committee appointments. A motion was made by Council Member Pruet that the Mayor's appointment of Mr. Raymond Perez to the Human Relations Commission be confirmed, seconded by Council Member Slavik and passed unanimously. Mayor Jones called for consideration of the Consent Motions on the following items: nutes Regular Council Meeting July 23, 1985 Page 3 1. Approval of specifications and authorization to receive bids August 14, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the seller and the City Manager, or his designee, for pipe repair clamps, consisting of: full circle clamps, repair clamps for steel pipe, pvc repair clamps, and steel couplings to be used by the Water, Gas, and Parks Division. Estimated expenditure is $84,500. 2. Approval of specifications and authorization to receive bids August 14, 1985, for one 185 CFM diesel powered, trailer mounted air compressor for the Sanitation Division. Purchase of this unit is contingent upon approval of the 1985-86 budget. Estimated expenditure is $9,700.00 3. Approval of specifications and authorization to receive bids August 14, 1985, for 18,320 feet of copper tubing, size 3/4" and 1}", to be used for the Water Division. Estimated expenditure is $10,820. 4. Approval of specifications and authorization to receive bids August 14, 1985, for a twelve month supply agreement, with an option to extend for an additional twelve months subject to the approval of the seller and the City Manager, or his designee, for approximately 115,000 feet of steel line pipe for the Gas Division, sizes 2" through 10" and 16". The pipe is to be used for gas transmission. Estimated expenditure is $325,000. 5. Approval of specifications and authorization to receive bids August 21, 1985 for seven 25 cubic yard capacity refuse trucks for Sanitation Division. Estimated total expenditure is $420,000. Purchase of this equipment is contingent upon approval of the 1985-86 budget. 6. Approving the purchase of a two cubic yard capacity, rubber tired loader for the Water Division from Kuenstler Machinery, for the amount of $49,793, based on low bid meeting specifications. Twelve bid invitations were issued and ten bids were received. 7. Approving the purchase of kitchen supplies and equipment, including china, linen, food servers, ironer, and dish handling equipment for the Convention Center, as follows, based on low bids: a. Delta Restaurant Supply Bid Item: 1, 2, 5, 7, 8 Total: $9,737.38 b. Edward Don & Co. Bid Item: 6 Total: $688.00 c. Sysco Foods Bid Item: 3 Total: $10,942.56 d. Marvel Distributors, Inc. Bid Item: 4 Total: $2,908.00 GRAND TOTAL: $24,275.94 8. Approving the purchase of a word processing/typeset front end system for Information Services from Compugraphics Corp. for $12,321.50, based on low bid meeting specifications. This item was included in the 1984-85 Revenue Sharing budget. Minutes Regular Council Meeting July 23, 1985 Page 4 9. Approving the purchase of a 17 hp track mounted excavator for Wastewater Services from F. W. Gartner Co., at $21,148.00, on the basis of low bid meeting specifications. This unit was included in the 1984-85 Capital Outlay. 10. Authorizing the City Manager to purchase a telephone system from American Communications Inc. for the amount of $39,204 for the Central Library and to enter into a twelve-month supply agreement for additional phone equipment for various City requirements with AT&T Information Systems. (Attachment #5) 11. Approving an agreement with the Young Women's Christian Association of Corpus Christi, Texas, providing for joint participation by the YWCA and the City in the relaying of approximately 240 linear feet of sanitary sewer line to clear a future YWCA building site, with the YWCA dedicating appropriate easements for an existing 10" sanitary sewer line. Mayor Jones referred to item 10 and stated that the Council has received one or two letters in regard to the award of bid for the telephone installation. He requested that the staff provide comments on this. City Manager Martin explained that the City had requested proposals for the telephone system for the new library; six or seven proposals were received and analyzed, and the staff is recommending award to American Communications, Inc., as being the best bid. He stated that the lowest bid was received from Lanier Buiness System in the amount of $22,697.00; Diversified Security and Communi- cations had submitted a bid for $25,033.00; Meco-tel, $25,746.00; and the highest bid was from AT&T in the amount of $40,757.00. He explained that the reason the award was not recommended for the lower bidders was because they have not had the experience that the staff feels is necessary for the equipment installation. Council Member Guerrero indicated that he would prefer to award this contract to AT&T because of their vast experience. Council Member Guerrero then made a motion that the telephone system for the Central Library be purchased from AT&T in the amount of $40,757.00. The motion was seconded by Council Member Berlanga. Council Member Slavik referred to a letter from Mrs. Bell in which she had urged that the Council award the contract to the lowest bidder. She then asked that the City Secretary answer Mrs. Bell's letter to provide her the information that experience is essential in installation of telephone systems. City Manager Martin stated that the staff is recommending award to the lowest bidder whom they feel could properly install the system. He explained that the staff always recommends award to the lowest responsible bidder. He stated that he personally would prefer that AT&T be awarded the contract. Mr. Al Hyman, Safety and Risk Management, stated that he does not disagree with the City Manager; the staff manages a great deal of telephone equipment; and he is of the opinion that it would be good to have a standard system because of the availability and interchangeability of the components. .tes Regular Council Meeting July 23, 1985 Page 5 Council Member McComb questioned this statement and inquired about the purpose of competitive bidding when the staff plans to recommend the award of contract to a particular company. Mayor Jones stated that he agreed the competitive bidding process is correct, but in some circumstances, it is reasonable to award to a higher bidder. Council Member Strong also questioned this procedure and inquired if when the telephone system is installed in the new City Hall if it will have to be AT&T. City Manager Martin stated that that decision will be made at a later date as to whether it would be feasible to move the existing equipment or if the City should award the contract to another company. He stated that it is not desirable to have several different phone systems in the City. Mayor Jones called for comments from the audience on this item. Mr. Mike Collins, one of the owners of American Communications, Inc., assured the Council that all equipment does not come from AT&T as the staff had indicated. He stated that they do not use any AT&T equipment. He informed the Council that this company has already installed two of these systems and they therefore have experience. He also informed the Council that the systems proposed in all of the proposals will be compatible with all of the other systems. Also speaking in regard to this matter was Mr. Tim Anderson, representing Meco—Tel. He agreed also that all of the systems that were bid are compatible with each other and he did question the competitive bid process if the staff's decision is to go with a particular company each time. He assured the Council that they have had a great deal of experience. Mr. Jay Burke, Branch Manager for AT&T, agreed that every telephone system is compatible with AT&T. He pointed out that the library does not operate very closely with the other City departments and compatibility is not that important. He also expressed the opinion that their systems are interchangeable with other telephone systems. Mr. Hyman spoke again and explained that the more sophisticated telephone system proposed by AT&T is really not needed for the library. He also reminded the Council that the new purchasing law makes the process for obtaining telecommunications to be based on superior service as a criteria, rather than the price because of the large number of products on the market now. He pointed out that there is no guarantee that the new companies will continue to exist, thus components may not be readily available. Mayor Jones called for the vote on the motion to award the contract to AT&T and it passed by the following vote: Jones, Best, Berlanga, Guerrero, Mendez, Pruet, Slavik, and Strong voting "aye"; McComb voting "no." Minutes Regular Council Meeting July 23, 1985 Page 6 12. A contract in the amount of $9,988.30 be awarded to Will Reese Construction for the construction of a 6 -foot high painted wood fence around a portion of the four block perimeter of the new City Hall site. (Attachment #7) 13. Amending Section 36-2 of Chapter 36 of the City Code of Ordinances as amended prior to the third reading as follows: Delete: the nine hole Monday thru Friday fee proposed at the Oso Golf Course of $4.00 Delete: the nine hole Monday thru Friday fee proposed at the Lozano Golf Center of $4.00 Delete: the nine hole Saturday, Sunday and holidays fee at the Lozano Golf Center of $4.50 Delete: the discount cards available at the Lozano Golf Center Add: a Senior Citizen Monday through Friday only rate at the Lozano Golf Center of $2.75 Add: a Twilight fee, Monday through Friday after 4:30 p.m. at the Lozano Golf Center of $4.00 Add: a Twilight fee, Saturday, Sunday and holidays after 4:30 p.m. at the Lozano Golf Center of $4.50 Add: a monthly cards rate utilized at the Oso Golf Course at the Lozano Golf Center as follows: Unrestricted (all days, all hours) $35 Monday thru Friday (all hours) $30 Senior Citizens (Monday thru Friday only) $20 Students (Monday thru Friday only) $15 Mayor Jones referred to item 13 and expressed the opinion that the golf fees schedule should be amended to allow use of the monthly cards at both the Oso and Lozano Golf Courses interchangeably. Council Member Mendez suggested that a slight fee be added for this extra advantage. Council Member Berlanga also addressed this ordinance and suggested that citizens who own their own golf carts be allowed to keep them at the golf courses, and Mayor Jones stated that he did not think this was a very good idea. City Manager Martin agreed that allowing golf carts to be stored at municipal courses could present problems. In regard to the other suggestion, he stated that the City could try having interchangeable cards, but pointed out that the City is attempting to have both golf courses self-supporting and if the cards are interchangeable this might present a problem. After further discussion he then suggested that an interchangeable card be sold for $40 per month rather than $35. A motion was made by Council Member Guerrero that the amendment to the golf fee ordinance include a $40 card which would be interchangeable at both golf lutes _,:gular Council Meeting July 23, 1985 Page 7 courses. The motion was seconded by Council Member Mendez and passed unanimously. City Manager Martin referred to item 12 and informed the Council that the staff may recommend a change order to extend the fence around the City Hall site all the way to the gas station. There were no further comments from the audience on the consent motions. A motion was made by Council Member Mendez that consent motions 1 through 13 be approved, seconded by Council Member Slavik and passed unanimously. City Manager Martin informed the Council that item 17 had been listed as an ordinance, but stated that it should be a motion and suggested that this be considered by the Council at this time. 17. A contract be awarded to Wm. A. Smith Construction Co., Inc. in the amount of $23,932.50 to rehabilitate a portion of the 0. N. Stevens Water Filtration Plant's railroad spur from the Missouri Pacific Railroad's main line to the plant entrance road. Funds for this rehabilitation work are available in the Water Department's 1984-85 Operating Budget. A motion was made by Council Member Guerrero that item 17 be approved, seconded by Council Member Pruet and passed unanimously. * * * * * * * * * * * * Mayor Jones called for consideration of the Consent Ordinances and Ordinances from Previous Meetings on items 18 through 33. In reference to Ordinance 18 which awards a contract for the South Staples Sanitary Sewer Trunkline Extension Phase II, Council Member Mendez inquired about the number of linear feet in Phase I of this trunkline. (City Manager Martin later informed the Council that Phase I included 2,183 linear feet.) Mayor Jones referred to the first reading of Ordinance 24 pertaining to the charges for Memorial Coliseum and Bayfront Plaza facility, equipment, and services and requested that any changes in cost be reported to the City Council and City Manager Martin assured the Council that the ordinance would reflect this. In regard to Ordinance 32 which is the third reading increasing the gas cost of service rates 2%, Council Member Berlanga inquired about the reason for this when the cost of gas is actually supposed to be cheaper. He mentioned that the City of Falfurrias is purchasing gas at a much lower rate and he felt that the gas cost should not be increased. Mayor Jones explained that the actual cost of gas is going down and that savings will be passed on to the consumer. Minutes Regular Council Meeting July 23, 1985 Page 8 City Manager Martin agreed that the net effect to the consumer will actually be a decrease in gas rates. Mayor Jones called for comments from the audience on the consent ordinances. Mr. Hal Wasson stated that he would like to speak in regard to ordinance 26 pertaining to prostitution. He referred to a letter to the editor that he had sent to them some time ago urging that prostitution be legalized and that a fee be paid to the City. Mr. Wasson expressed the opinion that passage of this ordinance would put some people out of work and he was of the opinion that prostitutes should be confined to certain houses in specific areas. Mayor Jones disagreed with Mr. Wasson's remarks because he did not feel that the Council should regulate prostitution. City Manager Martin stated that he would like to withdraw item 28 which is the third reading pertaining to Animal Impoundment Fees. There were no further comments from the audience on the ordinances; City Secretary Chapa polled the Council for their votes; and the following ordinances were passed: 14. ORDINANCE NO. 18928 AMEND ORDINANCE NO. 18703 CLOSING AND ABANDONING A BLANKET GAS PIPELINE EASEMENT BY CORRECTING ERRORS IN DESCRIPTION AND RECORDING DATA; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 15. ORDINANCE NO. 18929 CLOSING AND ABANDONING THE 15 FOOT WIDE PUBLIC ALLEY IN BLOCK 2, M.T. GAFFNEY ADDITION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 16. ORDINANCE NO. 18930 CLOSING AND ABANDONING THE NORTHEAST 2.5 FEET OF THE 7.5 FOOT WIDE UTILITY EASEMENT ALONG THE SOUTHWEST PROPERTY LINE IN LOT 11, BLOCK 10, TWO FOUNTAINS UNIT 1 SUBDIVISION SUBJECT TO THE PROVISIONS LISTED BELOW; AND DECLARING AN EMERGENCY. autes Regular Council Meeting July 23, 1985 Page 9 The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 17. Motion - See Page 7 18. ORDINANCE NO. 18931 AUTHORIZING THE EXECUTION OF A CONTRACT WITH CLAUDE CHAPMAN CONSTRUCTION CO., INC. FOR THE INSTALLATION OF A 21 -INCH DIAMETER TRUNK SANITARY SEWER IN SOUTH STAPLES STREET FROM TIMBERGATE DRIVE TO THE NORTH BOUNDARY LINE OF BUCKINGHAM ESTATES SUBDIVISION; APPROPRIATING $560,000; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 19. ORDINANCE NO. 18932 AUTHORIZING THE EXECUTION OF THE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 70 IN CONNECTION WITH THE NAVY CLEAR ZONES LAND ACQUISITION PROJECT; APPROPRIATING $313,048.50; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 20. ORDINANCE NO. 18933 CLOSING THE HEARING ON STREET IMPROVEMENTS ON THE FOLLOWING STREETS: Timbergate Drive Timbergate Drive, from Crossgate Subdivision to South Staples Street; FINDING THAT THE OWNERS OF PROPERTY ABUTTING THE IMPROVEMENTS VOLUNTARILY AGREED TO PAY THE COST THEREOF; MAKING NO ASSESSMENT THEREFOR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 21. ORDINANCE NO. 18934 APPROPRIATING $13,560.64 OUT OF THE PARK BOND FUND NO. 291 AND $32,908.16 OUT OF TRUST FUND NO. 111 FOR REIMBURSEMENT AT VARIOUS PARKS TO THE GENERAL FUND NO. 102-266-518.43-603; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting July 23, 1985 Page 10 22. ORDINANCE NO. 18935 ACCEPTING THE 11TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL RELATED DOCUMENTS APPROPRIATING FUNDS FOR ELIGIBLE 11TH YEAR PROJECTS AS DESCRIBED IN EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 23. FIRST READING AMENDING CHAPTER 2, ADMINISTRATION, SECTION 2-151, STEERING COMMITTEE, OF THE CITY CODE OF ORDINANCES TO REDUCE THE NUMBER OF MEMBERS ON THE STEERING COMMITTEE OF THE SISTER CITY COMMITTEE FROM 25 TO 15; THAT SAID REDUCTION OCCUR BY ATTRITION AS SET FORTH IN THE ORDINANCE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 24. FIRST.READING AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, OF THE CODE OF ORDINANCES BY AMENDING SECTIONS 36-20 THROUGH 36-27 AND SECTIONS 36-90 THROUGH 36-91 TO PROVIDE FOR AN ANNUAL REVIEW OF CHARGES FOR MEMORIAL COLISEUM AND BAYFRONT PLAZA FACILITIES, EQUIPMENT AND SERVICES, AUTHORIZING THE CONVENTION CENTER MANAGER TO ADJUST THE SCHEDULE OF CHARGES SUBJECT TO APPROVAL OF THE CITY MANAGER, AND AUTHORIZING THE NEGOTIATION OF CHARGES TO EVENTS WITH SPECIAL OR UNUSUAL NEEDS OR REQUIREMENTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the first time and passed to second reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 25. SECOND READING AMENDING THE BUILDING, ELECTRICAL, MECHANICAL AND PLUMBING CODES BY INCREASING PERMIT FEES APPROXIMATELY 10% EFFECTIVE AUGUST 1, 1985; ESTABLISHING A SEPARATE SCHEDULE OF FEES REQUIRED BY SAID CODES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." _autes Regular Council Meeting July 23, 1985 Page 11 26. SECOND READING AMENDING CHAPTER 33, OFFENSES AND MISCELLANEOUS PROVISIONS, BY ADDING A NEW SECTION 33-22, LOITERING FOR PROSTITUTION; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the second time and passed to third reading as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 27. FIRST READING AMENDING CHAPTER 53, TRAFFIC, SECTION 53-254, SCHEDULE V - SPEED LIMIT IN CERTAIN ZONES; PROVIDING FOR SEVERANCE; PUBLICATION. The ordinance was read for the first time and passed to follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Strong voting "aye." 28. THIRD READING - WITHDRAWN INCREASE OF STATE AND PROVIDING FOR second reading as Pruet, Slavik, and Amending the Animal Control Ordinance as recommended by the Animal Control Advisory Board to delete deposit requirement for un -neutered animals, and increase impoundment fees. 29. THIRD READING - ORDINANCE NO. 18936 AMENDING CHAPTER 19, FOOD AND FOOD ESTABLISHMENTS, SECTION 19-75, CERTIFICATION, BY ESTABLISHING A FEE OF $3.130 FOR CERTIFICATES ISSUED BY THE HEALTH DEPARTMENT TO EMPLOYEES OF FOOD SERVICE ESTABLISHMENTS ON COMPLETION OF REQUIRED TRAINING, AND REQUIRING NEW EMPLOYEES TO COMPLETE TRAINING BEFORE STARTING WORK; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 30. THIRD READING - ORDINANCE NO. 18937 AMENDING SECTION 36-2, GREEN FEES SCHEDULE FOR GOLF COURSE AND GOLF CENTER, OF CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, TO CHANGE THE GREEN FEE SCHEDULE FOR THE GABE LOZANO AND OSO MUNICIPAL GOLF CENTERS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." Minutes Regular Council Meeting July 23, 1985 Page 12 31. THIRD READING - ORDINANCE NO. 18938 AMENDING SECTIONS 21-7, 21-18 THROUGH 21-21.1, AND 21-46 OF THE CODE OF ORDINANCES SO AS TO INCREASE GARBAGE COLLECTION AND DISPOSAL CHARGES EFFECTIVE WITH THE FIRST BILLING CYCLE IN THE MONTH OF AUGUST, 1985; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 32. THIRD READING - ORDINANCE NO. 18939 AMENDING CHAPTER 55, UTILITIES, ARTICLE IV, GAS RATES AND CHARGES, SECTION 55-61, CLASSIFICATION OF CUSTOMERS AND SCHEDULES OF RATES, AS SET FORTH IN ORDINANCE NO. 17761, AS AMENDED, SO AS TO CHANGE THE SCHEDULE OF GAS RATES FOR ALL CUSTOMERS TO THE CITY -OWNED GAS DISTRIBUTION SYSTEM BY PROVIDING A NEW SCHEDULE OF RATES FOR ALL GAS CUSTOMERS; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." 33. THIRD READING - ORDINANCE NO. 18940 AMENDING SECTION 55-100 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, SO AS TO PROVIDE CERTAIN INCREASES IN WASTEWATER RATES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The ordinance was read for the third time and passed as follows: Jones, Best, Berlanga, Guerrero, McComb, Mendez, Pruet, Slavik, and Strong voting "aye." * * * * * * * * * * * * * Mayor Jones then called for action by motion on the following item from the Regular Agenda: *34. Consideration of a plat appeal concerning the Planning Commission's action requiring building lines being placed on the Cardco Industrial Plat for the purpose of establishing future rights-of-way for the Crosstown Freeway, and a note restricting buildings being constructed within the area. The Staff recommends upholding the Planning Commission's action and denying the plat appeal. *City Manager Martin stated that he would like to withdraw this item because he felt that the matter could be resolved between the City and Cardco, Inc. Mayor Jones then called for consideration of the ordinance pertaining to the cession agreement to grant additional territorial jurisdiction control to the City of Robstown. utes Regular Council Meeting July 23, 1985 Page 13 Mr. Larry Wenger, Director of Planning, explained that the City of Robstown had made this request to cede additional areas to them so that they can control what happens in the area in regard to subdivision planning and other businesses and to allow for additional annexation in the future. Mr. Wenger displayed the existing location of the cession agreement passed in 1977 noting that Robstown is now asking to amend the ordinance passed at that time to cede additional areas to them. He informed the Council that the City cannot cede as much as Robstown has requested because of a State law which limits the land that can be ceded to one mile. He stated that the staff is prepared to recommend amending the original cession agreement to allow for the extension as follows: North to County Road No. 46, east to U.S. Highway 77 and west to County Road No. 73. He explained that Robstown is serving that area with sewer and water service and it seems reasonable to extend the ETJ to that point. He stated that the staff would recommend this if they agree not to ask for additional extension. He stated that the development on the western edge of Corpus Christi and any additional ceding would make the cities too close. Council Member Berlanga expressed the opinion that if the ordinance is approved as recommended by the City, Robstown would be limited in their growth. He suggested that the area to County Road No. 48 be ceded back to Robstown since that is where most of the activity is occurring. Mr. Wenger reiterated that he felt that this would be detrimental to the City of Corpus Christi. He also reminded the Council that according 'to State law, the City of Corpus Christi can only grant Robstown one mile and extension to County Road 48 would represent more than one mile. Deputy City Manager Ernest Briones agreed and explained that the line recommended by the staff was established because the City of Corpus Christi has already planned for expansion of utilities. Mayor Jones explained to the officials of Robstown who were present the recommendation made by the staff and inquired if they had any problem with that. Mayor Julio Garcia, Jr., Robstown, agreed that the cession agreement of 1977 included the stipulation that they would not go beyond County Road No. 44; however at this time they would like to renegotiate this line. He referred to a letter sent to him from Bob Lacy Ford Company informing him that they planned a new facility to be located on Highway 77. He pointed out that the City of Robstown has a large amount of money invested in utility service all the way to Calallen High School in Corpus Christi and that there is a lift station installed by Robstown in the vicinity of County Road No. 52. He urged approval of a cession agreement all the way to County Road No. 48 since Bob Lacy Ford Company wants to install facilities on Highway 77 in that location. He agreed that this would be more than the state limitation of one mile, but he felt that this could be explained to the state officials. After further discussion, the Council agreed that the cession agreement should be amended as recommended by the staff to extend only to County Road No. 46. Minutes Regular Council Meeting July 23, 1985 Page 14 City Secretary Chapa polled the Council for their votes and the following ordinance was passed: 35. ORDINANCE NO. 18941 PROVIDING FOR THE CESSION BY THE CITY OF CORPUS CHRISTI TO THE CITY OF ROBSTOWN OF ALL ANNEXATION RIGHTS AND POLICE POWERS OVER AND IN CERTAIN TRACTS OF LAND WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, AS DEFINED BY ARTICLE 970A, V.A.C.S., TEXAS, BY WRITTEN AGREEMENT, MARKED EXHIBIT "A", ATTACHED HERETO AND MADE A PART HEREOF, PURSUANT TO ARTICLE 970A, V.A.C.S., SECTIONS 3.B. AND C.: PROVIDING PUBLICATION BY CAPTION: PROVIDING A REPEALING CLAUSE: PROVIDING SEVERABILITY, AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the ordinance passed as follows: Jones, Best, Guerrero, McComb, Mendez, Pruet, and Strong voting "aye"; Berlanga, and Slavik "no." * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Henrietta Newbury, 606 Chase, referred to her efforts on behalf of activities,and programs for the handicapped. She informed the Council that in 1982, at her urging, a recreation therapeutic specialist was employed. She explained the problems they have had with this employee in that he is not providing programs for the handicapped and she would like to have this position eliminated from the budget and have the money for that salary spent on programs. Council Member Guerrero inquired if she was requesting the elimination of the position or the elimination of the person filling the position, and Mrs. Newbury stated that she is concerned about the position because it is not fulfilling the needs of the handicapped. Mr. Guerrero then requested a report on the programs for the handicapped in existence. City Manager Martin stated that this is the first time that he had heard there were problems in this area and he would like to have the Park and Recreation Board study this and discuss if with staff, following which he will prepare a report. Council Member McComb pointed out that this is a striking example in which a government program will never be as good as a program provided by volunteers. Mr. Archie Brawner, 1069 Meadowbrook, stated that he is a student at Del Mar attending the Council Meeting as a government project; he had an opportunity to interview the Mayor earlier; and he would like to take this opportunity to express appreciation to the City Council for the excellent job they are performing. .nutes Regular Council Meeting July 23, 1985 Page 15 Mrs. Irma Suarez, 4826 Prescott, referred to all of the volunteers who have worked so hard on programs for the handicapped and retarded. She explained some of the programs they previously had before the therapeutic specialist was employed and described the disinterest displayed by Mr. Bob Martinez. She explained services performed by Mrs. G. Becker who is a recreation supervisor at Meadowpark Recreation Center, and who has indicated that she would be willing to work with the handicapped programs. Mr. Ernest Bohannon referred to the prostitution ordinance and suggested that this ordinance be tabled. He expressed the opinion that if the ladies are not allowed to solicit on the streets, the only place they can go is to local bars and he felt that those were dangerous places. He urged that this ordinance not be passed on third reading because it will make matters worse. There being no further business to come before the Council, on motion by Council Member Strong, seconded by Council Member Mendez and passed unanimously, the Regular Council Meeting was adjourned at 4:30 p.m., July 23, 1985. DZ/td