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HomeMy WebLinkAboutMinutes City Council - 09/17/1975.F - PRESENT: Mayor Jason Luby Mayor Pro Tem Bill Tipton Commissioners: Ruth Gill Bob Gulley Gabe Lozano, Sr. Edward Sample City Hall. Church. MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING September 17, 1975 2:00 P.M. City Manager R. Marvin Townsend Assistant City Attorney Bill Monkres City Secretary Bill G. Read Mayor Luby called the meeting to order in the Council Chamber of the The Invocation was given by Reverend Sam Gottlich of St. Bartholomew's City Secretary Bill G. Read called the roll of those in attendance. Motion by Lozano, seconded by Gulley and passed, that the absence of Commissioner de Ases be excused for just cause. Mayor Luby announced the issuance of proclamations relative to the following: FOSTER GRANDPARENT DAY, September 19, 1975; CORPUS CHRISTI SYMPHONY WEEK, September 21 through 27, 1975; LADIES HOME JOURNAL DAY, September 22, 1975; and UNITED WAY CAMPAIGN PERIOD, September 23 through November 6, 1975. Mayor Luby presented retirement plaques to the following City employees: Mr. Angel G. Padron, Sanitary Fill Attendant, Sanitation Department (37 years service); Mr. Albert C. Richards, Assistant Marina Supervisor, Park & Recreation Department (27 years service); Mr. Alejandro Trevino, Field Representative, Engineering Department (14 years service); and Mr. Manuel U. Perez, Trades Helper, Wastewater Division (26 years service). Mayor Luby called for the City Manager's Reports and City Manager Townsend presented requests and recommendations with related comments and explanations as follows: a. That a public hearing be held October 15, 1975 on a request of 7 abutting property owners to close a 15' alley in Block 8, Bayview No. 2 bounded by Craig, 14th, Buford and Brownlee. The width of the alley will need to be retained as a utility easement since a gas and CP&L service line are located in the alley. b. That bids be received at 11:00 a.m., Tuesday, October 7, 1975 for a replacement 50 -ton low -boy equipment trailer for the Street Division. c. That the City accept a quitclaim deed for an undivided 1/2 interest in Lot 21, Block 7, Steele Addition located on the south side of Marguerite Street between Bluntzer and 21st, that the property be declared surplus and bids be received for its sale at 10:00 a.m., Monday, October 6, 1975. The other undivided Minutes Regular Council Meeting September 17, 1975 Page 2 1/2 interest was foreclosed upon for taxes and sold at Sheriff's sale. The purchaser of the tax foreclosed undivided 1/2 interest has expressed a desire to bid on the other undivided 1/2 interest. d. That the contract for the Poenisch Park Parking Lot be awarded to Ring Construction Company for $8,834.60, and $9,500 be appropriated for the contract plus engineering, laboratory testing and related expenses. The project includes construction of two access drives and 10 parking spaces. e. That Change Order No. 1 to the Corpus Christi Museum Roof Repair contract, for $1,262 be approved to make various items of roof repairs to the Washington School. The repair work consists of removing and replacing 24 vents on the roof, as well as re -roofing small portions of the building where roofing has deteriorated. It is also recommended that $1,262 be appropriated out of Community Development funds for the work. f. That a change order be approved to the contract for Washington -Carver Area Unit I Street Improvements Phase B for $2,478.05 to relocate the sidewalk from adjacent to the property line to adjacent to the curb on the east side of Sabinas Street, from Tarlton Street to Sonora Street, and increase the width from 4 to 5 feet. The change is recommended because houses along this side are close to the property line and thus the sidewalk would have been too close to the houses. No additional appropriation is required. g. That the public hearing be closed and the assessment roll of $11,130.87 be approved for sidewalk improvements on Horne Road (south side) from Columbia Drive to Molina Drive. This work was included in the original contract award of $490,516.17 to Glaser Construction Company for the Molina Area Unit II, Phase "A" Street Improve- ments. h. That plans and specifications for the Clarkwood, San Juan, McNorton Lift Station and sewer mains be approved and bids be received on October 15, 1975. This project is the second part of a two-phase project. The first part was completed in July, 1972 under a HUD Grant and included sanitary sewer collection lines ($225,066.00) in the 3 subdivisions. On September 6, 1975, the City.kas notified by the Environmental Protection Agency that a 75% federal grant was approved for $352,601 which will provide a lift station, force main, and several thousand feet of gravity line to serve the Clarkwood, San Juan and McNorton Subdivisions. City crews have been hauling sewage from these areas for almost two years. i. That the position of Director of Libraries be reclassified from Minutes Regular Council Meeting September 17, 1975 Page 3 Grade 32 to Grade 34. A recent survey of the 12 largest cities in Texas, excluding Corpus Christi, indicates the position is more than 20% under the 12 city average. Comparison with similar city positions indicates some adjustment is indicated. The Library Board has recommended a 4 -step increase to Grade 36. (See separate action to amend.) That the Compensation Plan be amended to establish a 4.3% step differential from Grade 35-A to Grade 43. The Plan now has a 4.3% differential from Grade 22-A to Grade 35-A. To accomplish this change within the present budget, it is recommended that salaries of those affected be reduced to the necessary lower step for the necessary number of pay periods so that the total budgeted salary is not exceeded by this change by more than $10 per month. There are 62 positions which would be affected of which 31 will have a temporary salary reduction without any substantial change in total annual salary. k. That contracts be awarded to the following firms for 1975-76 require- ments of the items indicated: Per Gallon Exxon Company, U.S.A., Houston - (Lot IV - 3,990 gal. solvent) (Lot V - motor oil, chassis grease, transmission fluid, and gear lubricants) Texaco, Inc. - (Lot VI - 1,300 gal. antifreeze) .4950 Total Price $ 1,975.05 40,832.66 ' 3.55 4,568.85 $ 47,376.56 Although it is an incomplete bid, it is recommended that Lot V be awarded to Exxon since it is less than the incomplete bid by Texaco, Inc. of $39,417.61 when the cost of the items not bid are considered. The only complete bid was $57,610.43 by Sanatex Oil Company of San Antonio which is substantially higher even when the prices of the items bid are considered. It is recommended that the item not bid by Exxon (torque fluid) be purchased by competitive bids on the open market. It is also recommended that the City continue to purchase its requirements of regular and unleaded gasoline from its current supplier, Crystal Petroleum Company of Corpus Christi, and of #1 and #2 diesel fuel from its current supplier, Susser Petroleum Company of Corpus Christi, on a day to day basis until present Federal Energy Energy Office allocation regulations are removed at which time bids be solicited for these fuels. This procedure will allow the City to continue to receive gasoline and diesel fuel and at the same time allow it to solicit bids when competitive conditions return. Currently, the City is paying $.435 per gallon for regular gasoline, $.45 for unleaded gasoline, $.4435 for #2 diesel fuel by transport truck, $:3860 for #2 Minutes Regular Council Meeting September 17, 1975 Page 4 diesel fuel by tank wagon and $.3983 per gallon for #2 diesel fuel in 55 gallon drums and not receiving #1 diesel. (Bid Tab #58-75) Relative to Item "i" wherein it is recommended that the position of Director of Libraries be reclassified from Grade 32 to Grade 33, Commissioner Gill strongly recommended that the grade be increased to 34 instead of 33. Mr. Richard Whitt, member of the LaRetama Library Board, read a statement on behalf of the Board appealing to the Council to reclassify the position of Director of Libraries from Grade 32 to 36-B rathern than the recommended 33-E. He stated a comparison with similar positions in the state of Texas indicated that this position is below average in this regard. He pointed out that other division heads in the Community Enrichment Department are graded higher than this'position which' does not seem reasonable compared to the responsibilities which are assigned. He requested that the Council adopt the recommendation of the Library Board and grant this request to reclassify the position of Director of Libraries to Grade 36-B. City Manager Townsend explained that his' recommendation had not been based on concern in terms of dollars, but pointed out that most of the top positions in the organization are considerably less than most other cities of comparable size and would have to be adjusted accordingly which would result in a serious disruption in the structure of the Classification Plan. He pointed out that there are people available for the position at the recommended classification. He stated he had no serious argument with Commissioner Gill's suggestion that the position be reclassi- fied to grade 34 instead of 33 but could not recommend the increase to Grade 36. Mr. Whitt stated he could not see that this should be a budget matter since it should have been done years ago. He commented that he did not feel that the City Manager had ever "seen a real need for a library." Mr. Townsend pointed out that he had been responsible for preparation of the budget for many years and he would be more than willing to have the library budget compared with any other department. Motion by Gill, seconded by Lozano and passed, with Gulley and Tipton abstaining on Item "i", that the City Manager's Reports be accepted and that Items "a" through "k" be granted, approved and adopted as recommended with the exception of Item "i" amended to reflect that the Director of Libraries position be reclassi- fied from Grade 32 to Grade 34 instead of Grade 33. City Manager Townsend discussed a proposed motion to amend, prior to third reading, the ordinance requiring certain fire breaks, so as not to require a 50' fire break if there is no structure within 250' of the brush and weeds rather Minutes Regular Council Meeting September 17, 1975 Page 5 than a structure within 100 feet. He explained that a survey just completed of the areas which are primarily involved indicates that a number of structures between 100' and 250' need to be protected. Members of the Flour Bluff Volunteer Fire Department have also publicly expressed a concern about large tracts of land which might not have adequate fire breaks under the ordinance as it passed two readings. He stated it is further recommended that the final reading be postponed until October 1 so that anyone who might be adversely affected will have ample time to comment. Mr. Farrell Smith, attorney, appeared and stated he had not studied the proposed ordinance in depth, but had read enough to be convinced that it needs a great deal of study and thought. He pointed out areas of concern, (1) there is no provision for direct appeal to anyone from the judgment of the Fire Marshall; (2) that the provisions of the ordinance cover far more than it was intended to cover and could be interpreted to cover every home in the City and require hedges to be removed if they are more than five feet in height and in the judgment of the Fire Marshall constitute a fire hazard; (3) Section 2-A Paragraph 1, adjoining property owners within 250 feet are required to provide the fire breaks when there would be nothing to protect; (4) the word "structure" is not well defined in Section 2-A. Mr. Smith pointed out that he owns a tract of land that borders the new Central Power & Light on a 2,000 acre lake and under the provisions of this ordinance, he might be required to provide a fire break. He stated all of these provisions could be targets for law suits which could have "weird;' effects. City Manager Townsend explained that there is a general appeal provision; a 30 -day time period before the Fire Chief could act; there would be certain recourses before appeal; and so far as the landscaping, he saw no way the Fire Chief could classify green shrubs as a fire hazard. So far as the definition to the word "structure", he would ask the Legal Department to study whether or not it should be re -defined. Mr. Smith stated he would be glad to offer his services in an advisory capacity in the revision of the ordinance before its third reading. Motion by Sample, seconded by Gulley and passed, that the ordinance relating to control of parcels of land on which exist weeds, vegetation, dead trees, dead branches on living trees, or other hazardous wastes or refuse, which constitutes a fire hazard, and providing for fire breaks, read on the first two of three readings, on September 3, 1975 and September 10, 1975, be amended as follows prior to its Minutes Regular Council Meeting September 17, 1975 Page 6 third and final reading: 1. Amend the second sentence of Item (1) of Subsection A of Section 2 of said ordinance to hereafter read as follows: "Provided, however, when no structure exists on such adjacent property within 250 feet of such brush, weeds or grass, no fire break shall be required." City Manager Townsend presented ordinances with explanations and comments as follows: SECOND READING OF AN ORDINANCE AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 21-68, INCREASE OF STATE SPEED LIMITS IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMITS ON OLD BROWNSVILLE ROAD AND AIRPORT ROAD (F.M. 665)PAS HEREINAFTER PROVIDED; DELETING THE PRESENT PROVISIONS FOR SPEED LIMITS ON SARATOGA BOULEVARD (S.H. 357) AND IN LIEU THEREOF ADOPTING NEW PROVISIONS 80 AS TO PROVIDE FOR SPEED LIMIT OF 55 MILES PER HOUR, AT ALL TIMES, ON THAT PORTION OF SARATOGA BOULEVARD (S.H. 357) THAT IS WITHIN THE CITY LIMITS; 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 following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample, present and voting "Aye"; de Ases absent. ORDINANCE NO. 12800 AMENDING ORDINANCE,NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (B), SO AS TO CHANGE SALARY GRADE FOR THE POSITION OF DIRECTOR OF LIBRARIES; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Gill, Gulley, Lozano and Sample, present and voting "Aye"; Tipton.abstained;.de Ases absent. ORDINANCE NO. 12801 AUTHORIZING THE EXECUTION OF CHANGE ORDER NO. 1 TO THE CONTRACT WITH SECHRIST-HALL COMPANY FOR THE MUSEUM BUILDING "A" ROOF REPAIR, SAID CHANGE ORDER TO PROVIDE FOR ROOF REPAIRS TO THE WASHINGTON SCHOOL (HIALCO MULTIPURPOSE CENTER); APPROPRIATING $1,262 OUT OF THE NO. 162 FEDERAL GRANTS FUND, ACTIVITY 4732, CODE 502, FOR THE COST OF SAID CHANGE ORDER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample, present and voting "Aye"; de Ases absent. ORDINANCE NO. 12802 AUTHORIZING THE EXECUTION OF A CONTRACT WITH KING CONSTRUCTION COMPANY FOR CONSTRUC- TION OF THE POENISCH PARK PARKING LOT; CANCELLING $9,500 OF THE REMAINING APPRO- PRIATION PREVIOUSLY AUTHORIZED BY ORDINANCE NO. 7487 DATED FEBRUARY 3, 1965; REAPPROPRIATING SAID $9,500 OUT OF THE NO. 291 PARK BOND FUND, OF WHICH $8,834.60 IS FOR THE CONSTRUCTION CONTRACT AND $665.40 IS FOR INCIDENTAL AND RELATED EXPENSES ALL APPLICABLE TO PROJECT NO. 291-64-5.7; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample, present and voting "Aye"; de Ases absent. f Minutes Regular Council Meeting September 17, 1975 Page 7 ORDINANCE,NO. 12803 CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREET: HORNE ROAD, FROM COLUMBIA STREET TO MOLINA DRIVE, SOUTH SIDE ONLY, AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREET WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AN ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample, present and voting "Aye"; de Ases absent. ORDINANCE NO. 12804 AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SECTION 1, SUBSECTION (b),, BY SUBSTITUTING REVISED SALARY SCHEDULES, TO BECOME EFFECTIVE SEPTEMBER 29, 1975; AMENDING SECTION 3, BY ADDING A NEW SUBSECTION DESIGNATED (h), PROVIDING FOR INDIVIDUAL SALARY ADJUSTMENT IN CERTAIN GRADES; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, Tipton, Gill, Gulley, Lozano and Sample, present and voting "Aye"; de Ases absent. City Manager Townsend presented the Council copies of the City Attorney's opinion that Municipal Court judgship terms run for two years from the time of appointment rather than concurrent with two-year Council terms which would mean that two of the judges terms thought to be up for appointment actually have time remaining in the terms and that only the vacant night court judge position needs an appointment at this time. In view of this ruling, he withdrew an ordinance appoint- ing Judge 0. E. Cannon Judge of Municipal Court "B" for further study and to be listed on next week's workshop agenda. The Regular Meeting was recessed for the purpose of holding the public hearings on four zoning cases scheduled for 3:30 p.m.,,Speciai Meeting., * * * The Regular Meeting was reconvened at 4:30 p.m. and Mayor Luby called for petitions from the audience on matters not scheduled on the agenda. N� one appeared. There being no further business to come before the Council, motion by Sample, seconded by Tipton and passed, that the meeting be adjourned at 4:35 p.m., September 17, 1975.