Loading...
HomeMy WebLinkAboutMinutes City Council - 08/10/1977MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 10, 1,977 2:00 P.M. PRESENT: Mayor Jason Luby Mayor Pro Tem Eduardo E. de Ases Council Members: David Diaz Ruth Gill Bob Gulley Edward L. Sample Hall. that City Manager. City Attorne City Secreta Mayor Jason Luby called the meeting to order in the Council Member David Diaz gave the invocation. City Secretary Read called the roll= of required Char a quorum was present to conduct a legally constituted m Council Member Sample read a poem entitled "Zest for Lenox had presented at a meeting Mr. Sample had attended the Motion by Diaz that the Minutes of the Regular Counc 1977 be approved as presented; seconded by Sample, and pass - Mayor Luby introduced Mr. John Buckner, Executive D Council of Governments. Mr. Buckner informed the Council that at a recent m. Crime Prevention Association, the City of Corpus Christi ha.i Bend honors, including receipt of an award by the Crime Preventi Bend Council of Governments for Outstanding Agency and an a Oscar L. Bocock for Outstanding Crime Prevention Citizen, F Mr. Buckner then introduced Mr. Paul Kinstley, Coordinator COG, and Mrs. Oscar L. Bocock, both of whom spoke briefly. Mayor Luby thanked Mrs. Bocock for the outstanding connection with the Crime Prevention Program. Mayor Luby called for the City Manager's Reports. presented the following items with related comments and exp a. Recommendation that a public hearing be held duri Meeting on August 31, 1977 at 3:30 p.m. on the fo cations: 1. Mrs. Myles McKitrick: "R -1B" to "B-1", locat of Holly Road approximately 400 feet east of 2. Mr. Randall G. Stivers, Jr., Trustee: "B-1" the south side of South Padre Island Drive be and Hanley Drive. R. Marvin Townsend J. Bruce Aycock Bill G. Read ouncil Chamber of City ' er Officers and stated eting. Life", which Mr. Willie previous evening. 1 Meeting of July 20, unanimously. ector of the Coastal eting of the Texas been awarded several n staff of the Coastal and presented to Mrs. rst Honorable Mention. f Crime Prevention for ork she has done in ity Manager Townsend anations: g the Regular Council lowing zoning appli- d on the north side verhart Road. o "B-4", located on ween Candlewood Drive MICROfJLNIEfe (SEP 0 31980 Minutes Regular Council Meeting August 10, 1977 Page 2 b. Recommendation that a hearing be held at 2:00 p.m. during the Regular Council Meeting on August 17, 1977 on a request to close a circular portion of Corona Drive, located generAlly between Everhart and Embassy, and Padre Island Drive and Stonegate. The subdivision developers desire to modify the street so as to connect with a proposed street in the adjacent property and eliminate the planned cul-de-sac. c. Recommendation that the bid opening for the air conditioning unit to supplement existing air conditioning serving Data Processing in the Jones Building be changed from Monday, August 15, 1977 to Tuesday, August 23, 1977 to meet advertising requirements. d. Recommendation that 500 cases of paper towels (7,500 per case), a one year's supply, be purchased from Century Papers, Inc., Corpus Christi, on the basis of low bid of $6,545. This is a cooperative purchase with the Corpus Christi Independent School District with the District having taken bids. Price comparison shows an increase of 8.4%. It is estimated that a savings of approximately $1.00 per case is achieved by this cooperative purchase. e. Recommendation that gas regulators be purchased from the following firms on the basis of low bid: UNIVERSAL LANCASTER CORPORATION, Lancaster, Ohio Item 1 - 600 1" House Type Regulators $5,310.00 ROCKWELL INTERNATIONAL, Houston Item 2 - 26 1 1/4" Regulators $1,620.00 SINGER -AMERICAN METER DIVISION, Garland Item 3 - 24 2" Regulators $1,528.80 GRAND TOTAL --- $8,458.80 The tie bid submitted by Sprague Meter Company of Bridgeport, Connecticut on Item 2 is not recommended because the bid was not signed as required by the specifications. Bids were received from 4 firms. Price reflects an increase of approximately 7%. f. Recommendation that the bid award on an annual supply of spark plugs, oil and fuel filters be made to the following firms on the basis of low bid: g. Continental Parts Company, Dallas Lot I - (93 items) oil filters $13,365.32 Texas Star Service, Inc., Corpus Christi Lot II - (9 items) PVC valves 667.31 Arnold Oil Company, Corpus Christi Lot III - spark plugs (2 items) 7,838.87 TOTAL $21,871.50 Bids were received from 9 firms. Price comparison shows an increase of approximately 1%. Recommendation that the bid award on an annual supply of water meter repair parts be made to the following firms on the basis of low bid: Muesco, Inc., Houston, Texas Lot I - (46 items) 5/8 x 3/4 Artic Tropic Lot V - (24 items) 5/8 x 3/4 Badger $18,125.00 1,350.00 Mint ' Regute� Council Meeting August 10; 1977 Page 3 • Rockwell International, Houston, Texas Lot II (42 items) Rockwell water meter parts Lot IV (10 items) Rockwell single dial meters Gamon Calmet Industries, Covington, Kentucky Lot III - (83 items) Calmet magnetic washer parts Badger Meter, Inc., Milwaukee, Wisconsin Lot VI - (7 items) 5/8 x 3/4 badger SC1OT Carlon Meter Company, Grand Haven, Michigan Lot VII - (54 items) Carlon seal register parts 7,069.50 3,204.00 8,315.95 541.25 3,357.35 Hersey Products, Inc., Dedham, Mass., Lot VIII - (11 items) Hersey -American Series 730 348.70 TOTAL $42,311.75 Bids were received from 6 firms. Price comparison shows an increase of approximately 13%. h. Recommendation that the bid award on an annual supply of printing and stationery store items be made to the following firms on the basis of low bid meeting specifications: Century Papers, Inc., Corpus Christi Lot I - (11 items) Fine Paper Clampett Paper Company, San Antonio Lot II - (4 items) NCR Paper Federal Envelope Company, San Antonio Lot III - (18 items) Envelopes $24,963.50 2,942.45 3,650.73 Litton Office Products, Corpus Christi Lot IV - (8 items) Adding machine tape and index cards 1,245.66 Lot V - (69 items) Stationery Supplies 22,224.93 TOTAL ---- $55,027.27 The apparent low bid of $2,739 submitted by Century Papers, Inc. on Lot II did not meet specifications because the brand bid was not one of the three approved brands in the specifications. The company has been advised to submit the brand for approval for next year. Bids were received from 11 firms. Price comparison shows an increase of approximately 1%. i. Recommendation that the annual supply contract for hand and garden tools be awarded to the following firms on the basis of low bid: BRIGGS WEAVER, Corpus Christi Hand & Garden Tools, Lot I - Air Hose Accessories (16 items) Lot III - Chisels, Punches, Files, etc (90 items) Lot IV - Pipe Tube Cutters, Taps, etc (67 items) Lot VI - Pipe Wrenches & Vice (11 items) Lot VIII - Flashlights (6 items) Lot IX - Shovels, Rakes, Scoops & Spades (18 items) Lot X - Pliers (12 items) Lot XI - Rules, Tapes & Accessories (21 items) Lot XV - Hedge Pruning Shears (31 items) $ 362.93 3,881.83 2,173.26 2,220.29 2,961.95 5,970.38 973.30 2,339.87 415.13 Minutes Regular Council Meeting August 10, 1977 Page 4 j• k. PHOENIX SUPPLY, Corpus Christi Lot II - Load Binders (3 items) 303.72 WALLACE COMPANY, Corpus Christi Lot V - Dies for Toledo Pipe Threaders (13 items) 1,180.68 NORVELL WILDER, Corpus Christi Lot VII - Hammers, Axles & Handles (27 items) 3,514.89 Lot XII - Wrenches, Retches & Sockets (168 items) 4,478.60 Lot XVII - Ladders, Wheelbarrows, Saws, etc 5,613.38 F. W. GARTNER CO., Corpus Christi Lot XIII Moil Points & Beaver Chisels (2 items) 174.24 ALAMO IRON WORKS, Corpus Christi Lot XIV Trench Jacks (1 item) 903.17 GUNDERLAND MARINE, Corpus Christi Lot XVI - Padlocks- (6 items) GRAND TOTAL 6,521.40 $43,989.02 Bids were received from 9 firms. Prices reflect an increase of .4%. Recommendation that annual supply contracts for pool treating chemicals be awarded to the following firms: DYNAMIC CHEMICAL COMPANY, Corpus Christi Item 1 - 1250 gallons of Concentrated chlorine Item 6 - 1500 gal. Muratic Acid JONES CHEMICAL, INC., Houston Item 2 - 750 150 lb. cylinders of Chlorine gas Item 3 - 1,800 100 lb. bags Light Soda Ash $ 742.50 1,321.65 24,562.50 20,808.00 VAN WATERS & ROGERS, Portland Item 4 - 25 100 lb. drums HTH 1,512.50 Item 5 - 100 100 ib. bags Bicarbonate of Soda 1,500.00 Item 7 - 16 140 lb. Deldrums Inhibited Muratic Acid 168.00 McKESSON CHEMICAL COMPANY, Corpus Christi Item 8 - 50 ea. 100 lb. bags Granular Alum 487.50 GRAND TOTAL--- $51,102.65 The apparent low bid of $24,316.87 by Dynamic Chemicals on Item 2 is not recommended because it is subject to fluctuation and is only 1% lower than the recommended firm bid. The apparent low bid of $949.50 by Van Waters and Rogers on Item 6 is not recommended because it is based on delivery in 14 gallon carboys which -are too heavy for one person to handle. Specifications required delivery in 5 gallon carboys. Bide were received from 4 firms. Price comparison shows an increase of 171%. Recommendation that bid award on 700 tons of liquified chlorine in 1 -ton cylinders for the Water and Wastewater Services Divisions be made to Jones Chemicals, Inc. of Houston on the basis of low bid of $154,000 ($220 per ton). The apparent tie bid of S.E.C. Corporation of Corpus Christi is not recommended because it is not a firm price bid. These were the only two firms submitting bids. The price is the same as last year's. Minutes Regular Council Meeting August 10, 1977 Page 5 1, Recommendation that the contract for the construction of the initial phase of drainage_improvements to Corpus Christi Beach be awarded to Heldenfels Brothers for $407,407.90. The contract includes construction of a storm sewer system from Surfside Boulevard to the north end of the Beach ranging in size from 30" to 54" and is funded by the second year Community Development funds. An appropriation of $430,000 is needed to cover the award of the contract plus engineering and related expenses. m, Recommendation that the assessment hearing for Kostoryz Road Improvements from Padre Island Drive to Holly Road be closed and the assessment roll be adopted. The roll includes 32 items and totals $136,315.99. The project is being jointly financed by the Federal government, the State and the City under the Urban Systems program. The total construction cost is $387,667.54. n. Recommendation that authority be granted to submit applications for Federal Funds through the Environmental Protection Agency under Public Law 92-500 for all or portions of Step 3 construction grants on the following wastewater projects: 1. Broadway Wastewater System: Total Estimated Cost - $7,326,000 Federal portion - 5,494,500 City portion - 1,831,500 2. Westside Wastewater System: Total Estimated Cost - $ 890,000 Federal portion - 667,500 City portion - - 222,500 The grants will complete the improvements and bring both plants up to E.P.A. standards. The City presently has received grants under the same law for Step 2 (design). The statewide rating places the two projects within the limits where they could be funded by E.P.A., and application at this time will expedite the construction. The City's share of the costs will come from bond funds, some of which are available for the Broadway Plant, and the remainder will need to be provided by future•bond elections. o. Recommendation that authority be granted to execute a Title VI Comprehensive Employment and Training Act contract modification extending the contract date from September 30 to November 16, 1977, increasing it $570,386 from $1,002,682 to $1,573,068 to extend 201 Title VI positions' from September 30 to November 16 and create approximately 230 special project positions. The special project positions are those previously submitted for Council review. The contract will be further modified at a later date to extend from November 16, 1977 through November 16, 1978. The proposed contract will provide $1,334,664 in wages, $144,404 in fringe benefits and $94,000 in administrative personnel, rent, office equipment and construction materials. Recommendation that an agreement be approved with the Nueces County Community Action Agency under which the Utility Department will participate in a Special Crisis Intervention Program to provide emergency financial assistance to eligible persons who, because of large unpaid fuel bills, have had or are faced with having their gas service discontinued. The Community Action Agency has received a $102,000 grant for Nueces County from the Texas Department of Community Affairs. The Agency will certify customer eligibility and the City will verify the gas bill. The Agency will then make direct payment to the City on behalf of the customer. Eligible persons include elderly and handicapped and persons who can show dire financial need at the time of application. The maximum assistance is $250 per person. p• Minutes Regular Council Meeting August 10, 1977 Page 6 q• Recommendation that a water purchase contract providing for the sale of up to 1,500,000 gallons of treated water per month by the San Patricio Municipal Water District to the Rincon Water Supply Corporation, be approved. Water will be supplied from the Reynolds line through the Taft booster pump to the Rincon distribution system located in the Whitepoint Area south of Taft adjacent to Nueces Bay. The area is within the City's 5 mile extraterritorial jurisdiction. The distribution system proposed to serve rural customers iwbeing financed by the Farmers Home Administration. The San Patricio Municipal Water District has approved the contract. This is the second recommended contract with the corporation. The first was north of Taft and Gregory. r. Recommendation that school flashers be installed on Saratoga Boulevard (State Highway 357) at points 250 feet east and west of Shea Parkway to reduce the speed limit within the area from 55 mph to 35 mph, on school days, between the hours of 7:15 a.m. - 8:30 a.m., and 2:30 p.m. - 4:30 p.m. The zone will serve children crossing Saratoga to attend Sanders Elementary School. a. Recommendation that the salary rates which were approved by motion on August 3, 1977 as part of the City Manager's reports and are included in the ordinance amending the Compensation Plan, which received first reading approval on August 3, 1977, be utilized for the pay period ending August 14, 1977. If the ordinance being considered is further amended, the employees' next salary check will be modified to reflect the August 1, 1977 effective date of the changes. t. Recommendation that a one-year contract with the Police Officers' Associa- tion be approved. The contract provides for a cost of living increase for entry Patrolmen and an additional 42 month step for senior Patrolmen. The salary schedule further provides for a 5% increase between steps and grades through the Captain level. 'The salaries for Commanders and above are included in the City Compensation Plan.' Other provisions are educational incentive pay from $.60 to $.70 per academic hour; field training officer pay of $50 per month; increased basic hospital room benefits from 80% of $50 per day to 801 of $70; annual clothing allowance for. those officers required to wear civilian clothes of $300 initially and $225 per year replacement; appeals from disciplinary or indefinite suspensions will be submitted to arbitration; clarification of the Chief's responsibility to conduct internal investigations; development of promotional examinations which measure qualifications based on job knowledge, ability and job per- formance; prohibition of contract being amended by acts of the legislature regarding wages and other conditions adopted by the State legislature; and provisions establishing the guidelines of conduct surrounding police inter- nal investigations. Provisions carried over from last year's contract include payroll deduction of association dues, utilization of civilian personnel, authority for Chief of Police to appoint the Assistant Chiefs and Commanders, the 12 -month probation on all appointments, increase in number of days allowed for tem- porary suspensions from 15 to 30, a no strike or work stoppage or slowdown provision, overtime eligibility, notice of shift changes, wearing of uni- forms on security jobs, legal defense from civilian action arising while in the line of duty and 75% participation in replacement cost of uniforms. u. Recommendation that the Compensation Ordinance be amended to provide for a revised Public Safety Group Salary Schedule - Police, revised educational incentive pay provisions for police officers, payment of overtime to Police Commanders, and special compensation provisions for clothing and equipment and for field training officer pay, as established by collective bargaining contract negotiations between the City of Corpus Christi and the Corpus Christi Police Officers' Association. ' Minutes Regular Council Meeting August 10, 1977 Page 7 v. Recommendation that $11,178,866 be appropriated and reappropriated for pay- ments to the United States Bureau of Reclamation for the construction of Choke Canyon Dam and Reservoir. The total appropriation is composed of $3,086,099, transfer from Water Debt Service Reserves, $7,105,000 from the last Junior Lien Bond -Sale and $987,767 from interest earnings through July 31, 1977. Included in the total appropriation of $11,178,866 is $4,204,385 previously appropriated and paid to the Bureau of Reclamation. This appropriation and reappropriation effectively provides an additional appropriation of the balance of the last Junior Lien Bond Sale of $7,105,000. In regard to Item "n", which requests that authority be granted to submit applications for federal funds through EPA for Step 3 construction grants on the Broadway and Westside Wastewater Systems, City Manager Townsend informed the Council that these applications are dependent on approval of a bond issue to provide funding by the City. He further stated that if there is no bond issue, or it is not approved, the City may have to find another source for funding for these projects, since EPA standards require certain improvements for these plants. City Manager Townsend referred to Items "t" and "u" concerning the approval of a one-year contract with the Police Officers' Association and presented the Council with copies of a memorandum containing the provisions agreed upon by the City and the Association and a breakdown of the proposed salary revisions. Council Member Sample inquired if the salary increase for police officers is more than the 6.7%. Assistant City Manager Archie Walker stated that it is more than 6.7% for most of the police positions. City Manager Townsend stated that the reason for a larger increase in the salaries of the higher ranking officers 1s because in the past, management and the Association have recognized the fact that there has not been enough spread between the different positions. Mr. Townsend also pointed out that this was established for other City employees some time ago. Council Member Diaz asked about the method of voting for the contract by the police officers. Assistant City Manager Walker stated that the votes were cast on a voting machine and no one was aware of how each officer voted. Further discussion followed on the different provisions of the contract. Mayor Luby inquired about the status of the Firefighters' Association negotiations. Minutes Regular Council Meeting August 10, 1977 Page 8 City Manager Townsend stated that his office had received a letter from Mr. David L. Perry, attorney for the Firefighters' Association, requesting arbi- tration. Assistant City Manager Walker presented background of the negotiation procedure between the City and the Firefighters' Association, stating that nego- tiations were broken off the latter part of July. He further informed the Council that the Firefighters Association requested mediation, which was refused, and that the contract between the City and the Firefighters' Association was extended by Council action until midnight August 9, 1977. Mr. Walker informed the Council that the City representatives and repre- sentatives of the Firefighters' Association have had four or five days of negotia- tions in an attempt to settle the conflicts, one of which dealt with salaries. He stated that the City had proposed a salary increase of 6.7%; the Firefighters still wanted a 10% increase; and the City had proposed some management rights, which the Firefighters had objected to. He stated that the City did not feel that the 10% increase could be agreed upon, and as a result, the City is at an impasse with the Firefighters. He assured the Council that representatives of the City and the representatives of the Firefighters have a great deal of respect for each other, but it is felt that the matter is now in someone else's hands. City Manager Townsend reminded the Council that they have copies of the Firefighters' Association's request for arbitration and also copies of the law in regard to mediation and arbitration. Mr. Townsend also pointed out that the con- tract between the City and the Firefighters has expired, and that the conditions which otherwise prevail in the compensation plan will automatically go back into effect, and the provisions of last year will be wiped out. City Manager Townsend stated that the City does not recommend arbitration or mediation, because it is felt that there is no reason why the City and the Association cannot resolve the questions involved in relation to other City employees. City Manager Townsend stated that there is the possibility of litigation; however, the Attorney General has issued the opinion that the courts cannot resolve such matters. Mr. Townsend also expressed the opinion that the City feels that the Minutes Regular Council Meeting August 10, 1977 Page 9 terms of the contract should be decided by the City and the Firefighters rather than having the decision made by someone who has no direct interest in the City, and who would make a decision in regard to the cost of Government for the City and how the fire service would be operated. Council Member Gill referred to the concessions to management that Mr. Walker had mentioned as proposed items that the Firefighters and City could not agree on and asked for further explanation. City Manager Townsend stated that these were the same kind of provisions that had been included in the Police Officers' Association contract. Assistant City Manager Walker cited as an example that in the police con- tract, the Police Chief has the right to appoint the commanders and the Assistant Chief of Police; whereas, the firefighters would agree only to a provision whereby the Fire Chief could appoint one person. City Manager Townsend pointed out that if the matter goes into litigation, the law states that the court decision cannot affect 12,69m, and none of the ques- tions can really be resolved in the courts. To Council Member Gill's question in regard to,the difference between arbi- tration and mediation; Assistant City Manager Walker stated that arbitration is binding, whereas, mediation is a recommendation. Council Member Gill asked for further information as to how the mediator is designated., City Attorney Aycock quoted from Article 5154c-1 (c) of the Statute, as follows: "Prior to invoking arbitration, the parties shall make every reasonable effort to settle their dispute through good -faith collective bargaining; such efforts shall include mediation, provided a mediator can be appointed by agreement of the parties or by an appropriate agency of the state. If a mediator is appointed, his function shall be to assist all parties to reach a voluntary agreement." In regard to arbitration, City Manager Townsend informed the Council that each party selects one arbitrator and they must agree to a third arbitrator, and if they cannot agree on the third arbitrator, either party may request the American Minutes Regular Council Meeting August 10, 1977 Page 10 Arbitration Association to appoint the neutral arbitrator. City Manager Townsend further stated that once the neutral arbitrator is appointed, the decision of the arbitration board must be accepted. Mayor Pro Tem de Ases inquired if itis the City staff's opinion that there is no hope in continuing negotiations with the Firefighters' Association. Assistant City Manager Walker stated that there is always hope if one side is willing to move. Mayor Pro Tem de Ases asked if the City representatives and the Firefighters' representatives have come to the conclusion that it would be meaningless to continue the negotiations. Assistant City Manager Walker indicated that conclusion was reached on August 9. - Mayor Pro Tem de Ases questioned the staff's position regarding arbitration, stating that he understood why the staff does not feel that an arbitrator should be able to dictate what should happen in Corpus Christi, since this action would affect the City, but he questioned the possibility that if the matter goes to court, this would also represent a decision by a third party. Mayor Pro Tem de Ases also inquired as to the status of fire protection in Corpus Christi while the contract is pending, pointing out that it might be quicker to have an arbitrator to settle the matter rather than referring it to court for a decision. Mr. de Ases referred to the Attorney General's decision that the courts do not have jurisdiction to act in this matter and questioned what else is open other than arbitration. He also suggested a partial contract on the items that both parties agree to pending court action. City Manager Townsend indicated that he did not recommend settling some issues because the City would then have no issues on which to bargain. Also, all City employees would be affected and would expect the right to bargain for larger salary increases. In answer to Mayor Pro Tem de Ases' question concerning continuing fire protection, City Manager Townsend stated that the firemen will perform their ' Minutes Regular Council Meeting August 10, 1977 Page 11 duties. Mr. Townsend further stated that the City staff had recommended before against a mediator, but if the City must consider either arbitration or the court, then the mediator would be preferable. He also informed the Council that no guidelines have been established on firefighters' salaries because there is noth- ing in the private sector that is similar. City Manager Townsend also reminded the Council that there will be no appeal from arbitration. Assistant City Manager Walker reiterated that accepting a partial contract would weaken the bargaining position of the City. City Manager Townsend pointed out that the salary increase proposed by the City included not only the 6.7% salary increase but a number of other fringe benefits. In a reference to the Police salaries agreed upon, Council Member Sample inquired about the increase of more 'than 6.7% for salaries that was included in the contract with the Police Association. City Manager Townsend stated that salaries for the policemen overall would be about 9%, but stated that there has not been the same kind of understand- ing in the negotiations with the Firefighters. Mayor Luby inquired as to what the City Council could do. City Manager Townsend informed him that.the Council could authorize media- tion, arbitration, or the Council could delay a decision as long as the request for arbitration, made by the Firefighters' Association, is answered in five days. Mr. Townsend further stated that unless the Council instructs the Staff to the contrary, that request for arbitration will be denied by the City, and that media- tion could be decided on at any time. Mayor Luby asked about the effect the salary increase would have on the budget. City Manager Townsend stated that funds are in the reserve to cover the 6.7% salary increase for the firefighters and some other items.' He informed the Council that if they do not want to act on the request for arbitration now, then a special meeting will have to be called so that the request can be answered within the five-day period. Minutes Regular Council Meeting August 10, 1977 Page 12 Mayor Luby recognized Mr. David Perry, attorney for the Firefighters' Association, who spoke at this time. Mr. Perry stated that he would like to review from the union position the status of the negotiations. He first complimented the City's negotiating team, especially Assistant City Manager Archie Walker, on their attitude. He stated that although an impasse has been reached, prior to that a number of problems had been worked out, but there were a number of areas on which both sides must work to resolve. Mr. Perry stated that he felt that it is important that the Council know basic facts about the collective bargaining procedure. He quoted from Article 5154c, Section 4, of the statute on Labor, which states that in cities employing firefighters, wages paid should be comparable to the prevailing private sector wages, and the only similar jobs in this area are those of the Port firefighters. He quoted the wages received by the Port firefighters and stated that these pri- vate sector employees are on a 40 -hour week and are paid time and a half for overtime. Mr. Perry stated that it is the City firefighters' position that they are entitled to a pay increase so that their wages will be the same as those in the private sector. Mr. Perry stated that the City's position was that this was not acceptable, but they did not present nny information on private sector com- parisons. Mr. Perry informed the Council that the firefighters had agreed at one time on a package which included a 6.7% increase, and at that time, there was the feeling that the other matters could be worked out. He related that the City had arrived at an agreement with the Police Department last week, but the terms of the contract were not revealed to the Firefighters' Association. Mr. Perry indicated that they obtained the figures in the Police contract, following which they had presented to the City similar figures which they felt were equal to those agreed upon for the Police Department. Mr. Perry stated that at that time, the Fire- fighters' Association was prepared to negotiate with the City team. He stated that the City's response at that time was that that pay package was not going to be available for the firefighters. - Minutes Regular Council Meeting August 10, 1977 Page 13 Mr. Perry further stated that it is the position of the firefighters' union that pay scales for the Fire Department should be determined under the law and should be comparable to wages for similar positions in the private sector. He stated that the firefighters were originally prepared to agree to the same pay increase that was to be given to all City employees. He stated that the fire- fighters are prepared to negotiate with salaries based on parity pay between the Police Department and the Fire Department, and they will not agree to anything else. Mr. Perry indicated that when an impasse was reached, they had previously agreed on everything except the wage package, and that offer was rejected. Mr. Perry pointed out that there are some benefits that the union has previously had that. have expired; the City has the right to employ civilians in the Fire Department office; that they had reached an agreement on some rather detailed items concerning EMT's that will expire; and that if these options, expire, this will present a hazard to everyone. Mr. Perry suggested that the Council can direct the staff to return to the bargaining table with the intent of negotiating according to the following sug- gested terms: a contract with a pay scale comparable to the private sector, or give them the same increase the Police Department will receive. City Manager Townsend stated that there should be a 5% differential between the pay steps, and the firefighters are basically opposed to giving higher rates of increase on the higher -salaried employees. Mr. Townsend also suggested to the Council that a decision needs to be made as to whether the City should go to arbi- tration or allow the matter to go to court, stating that the City is relying on the Attorney General's decision that the matter cannot be settled in court. Mr. Perry reminded the Council that the prohibition against strikes by firefighters is contained in the same statute on which the Attorney General had ruled that such disputes cannot be settled in court, mentioning the possibility that the prohibition of strikes might be invalid. Mr. Perry reiterated that there should be parity pay between firemen and policemen, and without that, they are on the way to the courthouse and they will sue the Council for $2.2 million. Mr. Perry further stated that the proposed settlement involves a little less than $100,000; Minutes Regular Council Meeting August 10, 1977 Page 14 the firefighters' chance of winning a court case are better than 1 out of 20; and were it not for the Attorney General's decision, they would have a 50/50 chance of winning a court case; in his opinion. Mayor Pro Tem de Ases addressed Mr. Perry and referred to remarks that Mr. Perry had made in regard to the firefighters requesting that the City provide com- parative wages in the;private sector, which the City had refused to do. Mr. Perry indicated that he did not know where the City could obtain com- parable figures, except the Port Fire Department figures. . Mayor Pro Tem de Ases requested information concerning the selection of an arbitration board. Mr. Perry informed him that the Firefighters' Association and the City would each select one person as a representative; the two selected would meet and attempt to select a third member of the arbitration board, and this member would be the decision maker; and if the•representatives of both parties cannot agree on the third member for the arbitration board, the American Arbitration Association will provide a list from which the third member could be selected. Mayor Pro Tem de Ases inquired if the arbitration procedure could be accomplished in a shorter period of time than court proceedings. Mr. Perry stated that arbitration would take much less time in that the Council has five days to accept the -request for arbitration; the procedure to select the neutral member would take approximately two weeks; and the arbitration hearings would commence ten days after that; all of which would be completed in approximately two or three months, whereas, litigation could take a year or more. Mayor Pro Tem de Ases observed that the firefighters' offer to return to negotiations with the City representatives seemed to be on the basis that parity pay with the Police Department would be considered. Mr. Perry explained the basic categories between the Police Department and the Fire Department on which the parity pay would be agreed to by the fire- fighters. City Manager Townsend pointed out that the present work week in the Fire Department is the choice of the firefighters, and they have never requested a MinuLas Regular Council Meeting August 10, 1977 Page 15 40 -hour work week, nor have they indicated any desire to go to 8 -hour shifts, both of which are used in the Police Department, and stated that giving the firefighters the same salaries as the policemen would not be fair. Mr. Townsend stated that the burden is on the Association to show comparability, and there is no basic way to provide comparatives from the private sector. He indicated that the concessions made by the Police Department were of great benefit last year, and if the City could substitute the word "fire" for "police", a contract could be worked out, but , this has not been accepted by the Firefighters' Association. Mayor Luby inquired of Mr. Perry if that would be acceptable to the fire- fighters. Mr. Perry expressed the feeling that City Manager Townsend does not want the firefighters to have a contract according to the terms requested by the Asso- ciation for the EMT's, but that on most of the items that are in the new police contract, the firefighters are prepared to negotiate further for a similar contract if the City agrees. City Manager Townsend, stated that the City would be willing to negotiate with the firefighters on the same basis as they did with the police if the fire- fighters made the same concessions as the police had. Council Member Gill indicated that she felt that parity pay with the police is necessary and suggested that parity pay for the firemen should be included in the compensation ordinance on a temporary basis. .Council Member Sample expressed the opinion that the settlement involved more than parity in pay and should include parity on other matters as well. Assistant City Manager Walker explained the difficulties in bargaining with a group when there is'no give whatsoever. He stated that the City had offered the firefighters improved contract conditions plus the 6.7% salary increase, but the firefighters would only give minor items on amendments to 1269m. City Manager Townsend reiterated that there is no problem on management's part as far as complete parity on everything is concerned. Mr. Perry informed the Council that the management rights referred to by the City staff would not be in compliance with the State Civil Service statutes, Minutes Regular Council Meeting August 10, 1977 Page 16 and the firefighters find it difficult to make those laws inapplicable, which is the reason they cannot agree to abrogate any of those. He then elaborated on several items that the firefighters had agreed to, but stated that they had not agreed to the City's request to allow the Fire Chief to make promotions from the list of the first three who are qualified for certain positions, nor had they agreed to arbitration of disciplinary suspensions within the department rather than going through Civil Service. Council Member Gulley made the observation that he feels that both sides are agreeable to some middle ground on some of the items and that they should return to the bargaining table. Council Member Diaz stated that at the time the Council voted to decrease the tax rate by.10q, they were of the consensus that they wanted every City employee to be granted a 6.7% salary increase. Mr. Perry stated that the firefighters had been ready to agree to the 6.7% increase at one time, but they were not aware that the Police Department would receive more. He indicated that he felt that the firefighters' position is very clear in that they are prepared to continue negotiations if it is on a parity basis with the police contract. Mr. Walker stated that if the firefighters were ready to accept the 6.7% increase, it was never indicated at the bargaining table. Mayor Pro Tem de Ases stated that after hearing both sides of the question, he felt that there might be some basis for asking both sides to pursue the nego- tiations, especially since the negotiating representatives of both sides seem to have respect for each other, indicating his preference to further negotiations rather than arbitration. Motion by de Ases that the Council reject the request of the Firefighters' Association for arbitration and instruct the City's negotiating team to continue negotiations with an effort made to reach a parity contract as far as wages and management matters are concerned. The motion was seconded by Diaz. Mr. Perry stated that he is very hopeful that they could reach an agree- ment on a contract, but there is a technical problem about the timing of the answer to the arbitration request. • • . Mini Regular Council Meeting August 10, 1977 Page 17 After further discussion, Mayor Pro Tem de Ases rephrased his motion and moved that the Council reject the request for arbitration made by the Firefighters' Association unless there is a waiver by the Firefighters' Association of the time within which they must respond to the request, and further, that they instruct the negotiating teams to return to the negotiating table with an effort made to reach parity in salary and management; seconded by Diaz. Assistant City Manager Walker indicated that the City tease would make every effort to reach an agreement with the firefighters. City Manager Townsend recommended a second motion to extend the contract which expired on August 9, 1977. Mayor Luby called for a vote on Mayor Pro Tem de Ases' motion, and it was approved by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. Motion by Diaz that the contract as it stands be continued for ten days from August 9, 1977; seconded by Gill, and passed unanimously. Motion by Gulley, seconded by Diaz, and passed unanimously that the City Manager's reports be accepted. Mayor Luby invited discussion from members of the audience on the budget. Mr. Bill Ault, 421 Parade, speaking on behalf of the Corpus Christi Tennis Association, inquired as to the status of their request of last week that $33,000 be included in the budget for resurfacing the courts at the H.E.B. Tennis Center. City Manager Townsend stated that he does not have a staff report yet on the possible increase in revenue estimates from the Tennis Center, indicating that it was hoped that additional revenue from this source might be included in the budget to help finance the resurfacing of the tennis courts. He stated that he recalled from last week's discussion that the Council had considered financing these improvements from some of the funds obtained by eliminating the installation of a new air-conditioning system for City Hall. Mayor Luby suggested that Certificates of Obligation might be used to finance the needed repairs to the tennis courts. Minutes Regular Council Meeting August 10, 1977 Page 18 City Manager Townsend explained that Certificates of Obligation should not be used for maintenance, and that the best way to finance the resurfacing of the courts is by authorizing funds to be obtained by increasing the tennis revenues. He stated that $16,000 was the balance of funds deleted from the budget last week, and the resurfacing would require approximately $20,000 more. Mr. Townsend also mentioned that there is a $75,000 reserve fund, and it seems that there will be some salary balances. Mr. Ault informed the Council that Mr. Bill Casey had prepared the $33,000 estimate for completely resurfacing the tennis courts. City Manager Townsend stated that he would like to have a firm proposal, and the staff could then be instructed to set aside funds for the improvements. Motion by de Ases that funds be included in the budget for resurfacing the tennis courts at the H.E.B. Tennis Center; seconded by Gill, and passed unani- mously. Ms. Joy Yates, 530 Dickens, speaking on behalf of the Community Development Corporation, restated the request of that organization for funds to be allocated from the budget in the amount of $40,000. Ms. Yates stated that CDC is comprised of professional, dedicated people who give of their time to promote housing improve- ments; they provide work for people; and the proposed improvements will place $35,000 on the tax rolls when the improvements are completed. Motion by Gill that the budget be amended to include $40,000 out of the General Fund for CDC. Further discussion followed regarding funding, and City Manager Townsend summarized by stating that an additional $25,000 would be needed, since $15,000 was already included in the budget for the CDC, suggesting that these funds be approved subject to a satisfactory contract between the City and the CDC. Mayor Pro Tem de Ases suggested that the City receive periodic reports from CDC. Council Member Gill's motion was seconded by Sample and approved by the Council. Mint, Regular Council Meeting August 10, 1977 Page 19 Mr. Ed Ostergard, 1925 Merriman, expressed appreciation for those who were responsible for preparing the budget. Mr. Ostergard stated that he would like to see the City staff cooperate with the Mayor's office to see that the upcoming board and committee appointments are made without conflict. Mr. Bert Haas, 323 Montclair, representing the Seaman's Center, expressed concern that they might have to vacate the building soon. He informed the Council that air-conditioning improvements on the building would necessitate the expendi- ture of $800 and the Center hesitates to spend these funds if they are going to have to vacate the premises, which may be used by the Park Department. City Manager Townsend assured Mr. Haas that he was not aware that they had been asked to move and that there were no funds in the budget providing for renovation of the building for the Park Department. Mayor Pro Tem de Ases mentioned that during the discussion of the budget, the suggestion was made to discuss with the Corpus Christi Independent School District the possibility of that entity assuming a part of the cost of the cross- ing guards. He pointed out that the School Board is discussing their budget now and suggested that this matter be pursued. City Manager Townsend stated that Assistant City Manager Walker had dis- cussed this matter with Superintendent Dana Williams, and that he had dictated a letter to Dr. Williams which will be delivered to him tomorrow. Mayor Pro Tem de Ases indicated that he would like to have a copy of this letter and questioned whether or not there is anything else the Council could do to assist in this matter. City Manager Townsend stated that the Council could meet with the School Board, and Mayor Pro Tem de Ases stated that he felt that this would be advisable. Mayor Pro Tem de Ases referred to an item that was deleted from the bud- get that provided funds for new exhibits for the Corpus Christi Museum in the amount of $2,500. He stated that he would like to see this item included in the budget. Motion by de Ases that an additional $2,500 be included in the Museum Budget to provide funds for new exhibits; seconded by Gill, and passed unanimously. Minutes Regular Council Meeting August 10, 1977 Page 20 Council Member Gulley, in reference to the School participation in funds for school crossing guards, urged that this matter be discussed prior to the anti- cipated adoption of the School budget on September 1, 1977. There was no further discussion on the adoption of the budget. In regard to the ordinances, City Manager Townsend stated that a motion to amend the compensation ordinance was needed. Motion by Gulley, seconded by Diaz, and passed unanimously, to amend the ordinance amending Ordinance No. 8127, generally referred to as the City's Com- pensation Plan, read on the first of three readings on August 3, 1977, by making the same changes as to the Police classification and salary schedule as are included in the contract between the City of Corpus Christi and the Corpus Christi Police Officers Association, adopted by the City Council on August 10, 1977. In further reference to this ordinance, Mayor Luby reiterated that he approves of the portion which grants a 6.7% cost of living increase and the provi- sion for payment of accrued vacation and sick leave not to exceed 90 days due to retirement of any full time employee who is 62 or over regardless of the number of years of service, but objects to the portions dealing with the following matters: transfer of salary grades 23 and 24 to the supervisory and managerial salary sche- dule to recognize actual duties of these positions; adoption of new titles without any change in salaries; deletion of certain position titles which are no longer used; additional position titles with no change in salary; and the addition of productivity program for mechanics in Maintenance Services with a 5% or 10% bonus for production 10 or 25% over standard. City Manager Townsend stated that an amendment to the Slip Rental Contract ordinance is also needed and suggested that the 10 -day reminder period be changed to 15 days. Motion by Gulley, seconded by Diaz, and passed unanimously that the ordi- nance amending the Corpus Christi City Code, Section 12-79, Slip Rental Contract, read on the first two of three readings on July 13, 1977 and August 3, 1977, respectively, be amended by amending Subsection (f) so as to change the designa- tion of "Marina Director" to "Marina Superintendent" in the first sentence thereof, Minv��rs Regular Council Meeting August 10, 1977 Page 21 and that the ordinance be further amended by amending Section 12-79, subsections (a), (d), and (e), and by adding a new subsection (g), said changes being incor- porated and contained in the ordinance as it is read on third reading. City Secretary Read polled the Council for their vote on the ordinances, and the following ordinances were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY AMENDING SECTION 53-254, SECTION V, INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES, SO AS TO PROVIDE FOR SPEED LIMITS OF 55 MPH AT ALL TIMES ON SARATOGA BOULEVARD (S.H. 357), THAT PORTION WITHIN THE CITY LIMITS, EXCEPT WHEN SCHOOL LIMIT FLASHERS INDICATING 35 MPH ARE DISPLAYED 250 FEET FROM EACH SIDE OF EAST SHEA PARKWAY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the first time and passedto its second reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, and Sample voting "Aye"; Lozano, absent. SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, -AS AMENDED, BY AMENDING ARTICLE II, MARINA, SECTION 12-61, "RATES AND RENTAL FEES FOR USE OF SLIPS AND DOCK -SPACE SCHEDULE AND REGULATION" FOR THE PURPOSE OF PRESCRIBING CURRENT AND APPROPRIATE RATES IN THE CORPUS CHRISTI MARINA; PROVIDING FOR A FLAT FEE CHARGE TO BE ADDED TO THE MONTHLY SLIP RENTS FOR ALL PLEASURE CRAFT SLIPS BEING PROVIDED WITH A SHORE-POWER.OUTLET FOR ELECTRICITY; PROVIDING FOR METERING FOR ELECTRICITY USAGE AT THE SLIP SHORE -POWER OUTLETS FOR BOATS 40 FEET AND OVER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN I ir'btCTIVE DATE; AND PROVIDING FOR . PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley, and Sample voting' "Aye"; Luby voting "Nay"; Lozano, absent. SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID SOUTHSIDE LITTLE MISSES KICKBALL LEAGUE A 7.08 ACRE TRACT OF LAND KNOWN AS THE ANDERSON PIT, LOCATED ALONG THE 4200 BLOCK OF MC ARDLE ROAD AND FURTHER DESCRIBED HEREIN, FOR THE PURPOSE OF ESTABLISHING AND MAINTAINING A PUBLIC RECREATIONAL AREA, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, and Sample voting "Aye"; Lozano, absent. SECOND READING: AMENDING ORDINANCE NO. 3658, AS AMENDED, BY ADOPTING A NEW CODING SYSTEM TO REFLECT A CHANGE FROM ALPHANUMERIC CODE TO A NUMERIC CODE, AS REFLECTED IN THE REVISED PRINTING OF THE COMPENSATION AND CLASSIFICATION PLAN, DATED APRIL 27, 1977, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A", AND MADE A PART HEREOF; AMENDING SECTION 250, CLASSIFICATION PLAN FOR ALL POSITIONS IN THE CLASSIFIED SERVICE, OF SAID ORDINANCE NO. 3658, BY CHANGING CERTAIN POSITION TITLES, CODES, AND CLASS GRADES; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Luby, de Ases, Diaz, Gill, Gulley, and Sample voting "Aye"; Lozano, absent. Minutes Regular Council Meeting August 10, 1977 Page 22 SECOND READING: AMENDING ORDINANCE NO. 8127, AS AMENDED, BY ADOPTING A NEW CODING SYSTEM. TO REFLECT A CHANGE FROM ALPHANUMERIC CODE TO A NUMERIC CODE, AS REFLECTED IN THE REVISED PRINTING OF THE COMPENSATION AND CLASSIFICATION PLAN. DATED APRIL 27, 1977, MADE A PART HEREOF BY REFERENCE; AMENDING SUBSECTION 501 OF SAID ORDINANCE, AS AMENDED, BY AMENDING THE LAST SENTENCE THEREOF SO AS TO INCLUDE IN THE SEPARATE SALARY SCHEDULE ATTACHED TO THE POSITIONS OF TEMPORARY AND PART-TIME EMPLOYEES, AND ATTACHING NEW SALARY SCHEDULES; AMENDING SUBSECTION 510 BY CHANGING CERTAIN POSITION TITLES, BY DELETING CERTAIN POSITION TITLES, AND BY ESTABLISHING NEW POSITIONS, AS MORE FULLY SET FORTH HEREIN; AMENDING SECTION 700, SPECIAL COMPENSATION PROVISIONS, BY AMENDING SUBSECTIONS 702.1 AND 702.2, ESTABLISHING NEW SUBSECTIONS 702.3 AND 702.4 AND RENUMBERING THE PRESENT SUBSECTION 702.3 AS 702.5; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 703, TO PROVIDE FOR PRODUCTIVITY PROGRAM IN THE MAINTENANCE SERVICES DEPARTMENT; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 704, CLOTHING AND EQUIPMENT; ESTABLISHING A NEW SUBSECTION TO BE NUMBERED 705, TO PROVIDE FOR FIELD TRAINING OFFICER PAY; AMENDING SUBSECTION 802, OVERTIME COMPENSATION, TO PROVIDE FOR OVERTIME DUTIES OTHER THAN NOR- MALLY ATTENDANT TO MANAGEMENT RESPONSIBILITY; AMENDING SUBSECTION 850.1 BY PROVIDING FOR MINIMUM MILEAGE ALLOWANCE TO BE ADDED TO THE TRAVEL SCHEDULE; AMENDING SUBSECTION 900.3 CONCERNING OVERTIME COMPENSATION FOR MONTHLY SALARIED EMPLOYEES IN POSITIONS OF GRADE 22 OR BELOW, WITH CERTAIN EXCEPTIONS; AMENDING SUBSECTION. 951.1 CONCERNING BASIS AND PAYMENT OF VACATION LEAVE; AMENDING SUBSECTION 951.6 RELATIVE TO PAYMENT OF ACCRUED VACATION TO RETIRING EMPLOYEES; AMENDING SUBSECTION 952.1 CONCERNING SICK LEAVE WITH PAY FOR EMPLOYEES OTHER THAN PART-TIME, TEMPORARY AND POLICE AND FIREFIGHTING PERSONNEL; AMENDING SUBSECTION 952.2 BY AMENDING THE DEFINITION OF "IMMEDIATE FAMILY"; AMENDING SUBSECTION 952.3 CONCERNING PAYMENT FOR ACCUMULATED SICK LEAVE UPON TERMINATION OF CITY EMPLOYMENT; AMENDING SUBSECTION 957.1 CONCERNING ACCRUAL OF VACATION DAYS FOR FIREMEN AND POLICEMEN; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Aye" on all parts except the following: transfer of salary grades_23 and 24 to the supervisory and managerial salary schedule to recognize actual duties of these positions; adopt new titles without any change in salaries; delete certain position titles which are no longer used; add additional position titles with no change in salary; and add a productivity program for mechanics in Maintenance Services with a 57. or 10% bonus for production 10 or 25% over standard. Lozano, absent. THIRD READING - ORDINANCE NO. 13870: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING A NEW SECTION TO BE NUMBERED AND ENTITLED SEC. 2-97 LIBRARY -FEES; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. THIRD READING - ORDINANCE NO. 13871 AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 12-79, SLIP RENTAL CONTRACT, SUBSECTION (f), BY DELETING THE EXISTING PROVISIONS OF SAID SUBSECTION (f) AND ADOPTING IN LIEU THEREOF NEW PROVISIONS, TO BE ENTITLED "LIEN AGAINST WATERCRAFT"; FURTHER AMENDING SECTION 12-79 BY AMENDING SUBSECTIONS (a), (d), AND (e), AND BY ADDING A NEW SUBSECTION TO BE NUMBERED (g), ALL AS MORE FULLY SET FORTH HEREINAFTER; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay"; Lozano, absent. Minuies Regular Council. Meeting August 10, 1977 Page 23 THIRD READING - ORDINANCE NO. 13872: AMENDING THE CONTRACT WITH THE CORPUS CHRISTI TOURIST BUREAU FOR TOURIST AND CONVENTION ADVERTISING AND PROMOTION AS AUTHORIZED BY ORDINANCE NO. 11999, PASSED ON APRIL 10, 1974, BY AMENDING THE SECOND SENTENCE OF PARAGRAPH B, SECTION 1 OF THE CONTRACT TO HEREAFTER PROVIDE THAT THE CITY SHALL APPROPRIATE FOR THE PERIODIC FUNDING OF THE CONTRACT AN AMOUNT AS PROVIDED FOR IN THE CITY'S ANNUAL BUDGET. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gulley and Sample voting "Aye"; Luby and Gill voting "Nay"; Lozano, absent. THIRD READING - ORDINANCE NO. 13873: AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN. THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI OIL SPILL CONTROL ASSOCIATION FOR JOINT USE OF THE 38 -FOOT CREW BOAT FORA FIVE-YEAR PERIOD, ALL AS MORE FULLY SET FORTH IN THE TERMS AND CONDITIONS CONTAINED IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A". The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gil, Gulley and Sample voting "Aye"; Luby voting "Nay"; Lozano, absent. THIRD READING - ORDINANCE NO. 13874: GRANTING R.E. BYARS, DBA TEXAS TRAMWAYS COMPANY, A FRANCHISE ON AND OVER THE PUBLIC STREETS, ALLEYS, AND PUBLIC THOROUGHFARES OF. THE CITY OF CORPUS CHRISTI, FOR THE PURPOSE OF OPERATING A SCENIC MOTOR TOUR SERVICE; PROVIDING FOR A CHARGE OF FOUR PER CENT (47) OF GROSS RECEIPTS; TO BE PAID ON OR BEFORE THE 10TH DAY OF EACH CALENDAR MON'T'H FOR THE PRECEDING CALENDAR MONTH; PROVIDING FOR THE FILING OF A STATEMENT OF RECEIPTS WITHIN TEN (10) DAYS FOLLOWING THE END OF EACH CALENDAR MONTH; PROVIDING FOR PUBLIC LIABILITY SECURITY; PROVIDING FOR PROPER SUPERVISION; PROVIDING FOR DATE WHEN THIS GRANT SHALL BECOME EFFECTIVE UPON ACCEPTANCE IN WRITING BY GRANTEE WITHIN THIRTY (30) DAYS. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay";.Lozano, absent. THIRD READING - ORDINANCE NO. 13875: PRESCRIBING THE TAXES TO BE LEVIED, ASSESSED AND COLLECTED BY THE CITY OF CORPUS CHRISTI, TEXAS, FOR THE YEAR 1977 AND FOR EACH SUCCEEDING YEAR THEREAFTER UNTIL OTHERWISE PROVIDED AND ORDAINED AND SUCH OTHER YEARS AS .THE SAME MAY BE APPLICABLE; PROVIDING A SAVINGS CLAUSE. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay"; Lozano, absent. THIRD READING - ORDINANCE NO. 13876: APPROVING CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 1977, AND ENDING JULY 31, 1978, ACCORDING TO. THE CITY CHARTER FOR PURPOSE OF FILING ADOPTED BUDGET WITH STATE COMPTROLLER AND COUNTY CLERK UNDER TEXAS BUDGET TAW, BEING SUBJECT OF APPROPRIATION HEREUNDER OF MONIES FOR SAID BUDGET; PROVIDING SAVINGS. The foregoing ordinance was read for the third time and passed finally by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay"; Lozano, absent. Minutes Regular Council Meeting August 10, 1977 Page 24 ORDINANCE NO. 13877: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: KOSTORYZ ROAD, FROM PADRE ISLAND DRIVE TO HOLLY ROAD, STATE PROJECT NO. M R017 (1), AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS 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, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 13878: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH HELDENFELS BROTHERS FOR THE CONSTRUCTION OF DRAINAGE IMPROVEMENTS ON CORPUS CHRISTI BEACH; APPROPRIATING A TOTAL OF $430,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4734, CODE 502, FOR PUBLIC WORKS, FACILITIES, SITE IMPROVEMENTS, OF WHICH $407,407.90 IS FOR THE. CONSTRUCTION CONTRACT AND $22,592.10 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES, AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Luby voting "Nay"; Lozano, absent. ORDINANCE NO. 13879: AUTHORIZING THE CITY MANAGER TO APPLY TO THE ENVIRONMENTAL PROTECTION AGENCY FOR ALL OR PORTIONS. OF STEP 3 GRANTS FOR THE BROADWAY WASTEWATER SYSTEM, PROJECT NO. 250-72-1, AND THE WESTSIDE WASTEWATER SYSTEM, PROJECT NO. 250-72-11, A SUBSTANTIAL COPY OF SAID APPLICATION BEING 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: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 13880: AUTHORIZING THE CITY MANAGER TO EXECUTE A TITLE VI COMPREHENSIVE EMPLOYMENT AND TRAINING ACT CONTRACT MODIFICATION EXTENDING THE CONTRACT DATE FROM SEPTEMBER 30, 1977 TO NOVEMBER 16, 1977, AND INCREASING THE CONTRACT FROM $1,002,682 TO $1,573,068 AS MORE FULLY SET OUT IN THE CONTRACT MODIFICATION, A SUBSTANTIAL COPY WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS TO EXTEND THE AFORESAID PROJECT TO NOVEMBER 16, 1977 AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 13881: AUTHORIZING THE CITY MANAGER TO APPROVE A CONTRACT BETWEEN THE SAN PATRICIO MUNICIPAL WATER 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, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. Minli, a Regular Council Meeting August 10, 1977 Page 25 ORDINANCE NO. 13882: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF CORPUS. CHRISTI AND THE NUECES COUNTY COMMUNITY ACTION AGENCY TO PROVIDE FOR THE PAYMENT OF GAS UTILITY BILLS FOR ELIGIBLE HOUSEHOLDS FROM FUNDS MADE AVAILABLE FROM THE 1977 SUPPLEMENTAL APPROPRIATIONS ACT, IN ACCORDANCE WITH THE TERMS OF SAID AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance.was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 13883: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, THE TERMS, CONDITIONS, AND PURPOSES BEING MORE FULLY SET FORTH IN THE SAID 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: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. ORDINANCE NO. 13884: APPROPRIATING AND REAPPROPRIATING THE SUM OF $11,178,866 OUT OF THE NO. 202, CHOKE CANYON RESERVOIR CONSTRUCTION FUND, FOR PAYMENTS TO THE UNITED STATES BUREAU OF RECLAMATION FOR THE CONSTRUCTION OF CHOKE CANYON DAM AND RESERVOIR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. Mayor Luby stated that he would like to line veto the portion of the ordinance adopting the City of Corpus Christi budget for the fiscal year August 1, 1977 through July 31, 1978 as it pertains to the salary increase granted the City Manager and read the following letter of veto addressed to the Public, City Council, City Manager and City Secretary: "Ladies and Gentlemen:. "The proposed salary increase for Mr. Townsend will provide an annual salary of $40,000 per year. This will be an increase of 100% since 1970 or an increase of 14% per year. Other city employees during the same time and doing just as good a job have only received 7% per year or a total of 497. "Pay raises for city employees should be uniformly granted. That is, the same percent for all, the same cost of living, or same across the board. But in any case, they should be equal. To grant such a large raise for the City Manager lowers the morale of the citizens and employees alike. "The city employees will receive only a 6.7% proposed increase and the citizens have paid increased taxes through re-evaluation of property not to mention utility rates. I need not remind you that, many people within the city do not receive a cost of living increase. Minutes Regular Council Meeting August 10, 1977 Page 26 "If this city continues at the rate it is spending it might find itself in the same economic position that many other cities have found them- selves --unable to pay their way. "I therefore veto that portion of the budget that provides for salary increase for the position of "City Manager", a position now held by R. Marvin Townsend, same being code #3021, (General Government Budget) City Manager pay grade 43, 1977-78 Budget, $40,000. /s/ Jason Luby, Mayor" Motion by Sample that the Council override the line veto of Mayor Luby of Ordinance No. 13876 as it pertains to the salary of the City Manager; seconded by Diaz, and passed by the following vote: de Ases, Diaz, Gill and Sample voting "Aye"; Luby and Gulley voting "No"; Lozano, absent. To clarify the records, City Manager Townsend pointed out that the City Manager's salary is not Grade 43, that this is the salary grade of the Assistant City Manager; the City Manager position is an unclassified position, and as such, is not subject to the step increases of classified positions. Council Member Sample, in further reference to this matter, emphasized that he felt that it was very wrong for people to constantly berate the City Mana- ger for all of the problems in the City, pointing out that the citizens did not elect the City Manager; they elected the seven City Council members; the City Council is responsible to the citizens and they run the City; and if the citizens are dissatisfied with the operation of the City, then they should elect new members of the Council, not discharge the City Manager. Mayor Luby stated that it is the prerogative of each Council Member to vote the way they want to. He referred to the previous discussion on parity and reiter- ated that the City Manager does not deserve a large salary increase when other employees receive only 6.7% increase. Mayor Luby announced the public hearings on two zoning cases. City Manager Townsend stated that the first zoning case is Application No. 577-6, Mr. Stephen W. Dean, for a change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Lot 1, Block 7, Highway Village Section l Annex, located on the northeast corner of McKenzie and North Harrington Drive, north of Leopard Street. Mr. Townsend stated that the Planning ' _ Minu�•� Regular Council Meeting August 10, 1977 Page 27 Commission recommends denial, but in lieu thereof that a special permit be approved• for an automobile service center subject to an appropriate site plan with the pro- vision that should the building become vacant, the zoning would revert back to "B-1". He also indicated that the Planning Staff recommends denial because of the large number of properties already zoned "B-4" in the surrounding area which are not being utilized; McKinzie and N. Harrington are two-lane streets with bar ditches on each side which cannot carry heavy traffic; and the vacant properties to the north should not be developed with business uses, but as transition area between the business area to the west and future residential area to the east. Chief Planner Larry Wenger pointed out the area on the zoning and land use map, explained the land use in the surrounding area, and showed slides of the area. Mr. Wenger also presented a site plan for the area. Mr. Bill Brunson, 4210 Westover, representing the applicant, stated that the property has been zoned "B-1" for some time, but he feels that itshouldbe zoned "B-4" since this is the zoning in the surrounding area. He stated that if the pro- perty in the area is developed, it will be for business firms. Mr. Ben Donnell, member of the Planning Commission, was present to answer questions in regard to the zoning cases. Council Member Gulley asked Mr. Donnell about the Planning Commission's recommendation that the zoning to "B-4" be denied and a special permit be approved, with the understanding that the zoning will revert back to "B-1" if the building is vacated. Mr. Donnell informed the Council that there would benothing to preclude someone requesting the zoning of "B--4", but the special permit would just keep the options open, since "B-4" is so broad that control of usage would be impossible. He stated that the applicant had agreed to the special permit with this clause included. Council Member Gill inquired if the Planning Commission had discussed changing the categories within the zoning classifications since so many special permits are recommended. Mr. Donnell stated that this has been discussed by the Planning Commis- sion, and the solution would be to restructure the zoning categories. Minutes Regular Council Meeting August 10, 1977 Page 28 No one spoke in opposition to this zoning request. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Motion by Gulley that the recommendation of the Planning Commission be approved and a special permit be approved with the stipulations recommended by the Commission on Lot 1, Block 7, Highway Village Section 1 Annex; seconded by Sample, and passed unanimously. * * * * * City Manager Townsend announced that the next public hearing was on Application No. 777-2, Mr. David J. Dawe, for a change of zoning from "R -1B" One - Family Dwelling District to "B-4" General Business District on Tract A, a portion of Lot 1, Block 18, and Tract B, a portion of Lot 1, Block 17, Laguna Madre Acres, located on the west side of Laguna Shores Road approximately 280' east of Jamaica Drive. Mr. Townsend stated that the proposed use of the land is for the construc- tion of boar barns with new boat and motor sales in conjunction with the marina on the water side of Laguna Shores Road. City Manager Townsend informed the Council that the Planning Commission recommends approval on. Tract A for depth of 480' from the adjacent "B-4" zoning with a.waiver of the standard screening fence requirement along both side property lines, but required along the rear, and denial on Tract B. He also stated that the Planning Staff recommends denial. Mr. Townsend stated that in response to the notices of the public hearing mailed to property owners in the area, 2 in opposition and 2 in favor of the change had been received. Chief Planner Wenger pointed out the area on the zoning and land use map, explained the land use in the surrounding area, located the City's wastewater services property, and stated that the property in question is vacant. Mr. Alva L. Smith, 1509 Ocean Drive, spoke in opposition to this zoning change, citing as his reasons the scarcity of land along the water front and his feeling that residential property should be built, and the fact that business zoning would increase the noise in the area and cause traffic congestion. Also speaking in opposition to the change of zoning was Mr. Steve M. Odanovich, 10742 South Padre Island Drive, stating that prior to the. Planning Commission meeting, no responses in favor of the change of zoning had been returned. Mim - Regular Council Meeting August 10, 1977 Page 29 Mr. Odanovich questioned the reason the Planning Commission gave for recommending approval on Tract A of this was that they felt that a tin boat barn would be better than the odor of the nearby lift station. He also stated that he did not believe that zoning should be extended that deep into the residential area, since he has a 10 -acre platted subdivision in the area. Mr. Odanovich also stated that he felt that traffic would be increased on Laguna Shores Road, which is a 40 --foot wide road that handles traffic from the Tropic Isles Subdivision. City Manager Townsend inquired of Mr. Odanovich if he had filed written opposition to this request. Mr. Odanovich indicated that he had not since he felt that it would be preferable if he voiced his opposition during the public hearing before the Council. Mr. Townsend suggested that there was a need for thosein opposition to file their opposition in writing on the form sent to them for that purpose. Mr. John Forehand, III, 4106 Catcay, expressed his opposition to the change of zoning, stating that in the Tropic Isles Subdivision are homes in the price range of $50,000 to $60,000; the property value in the area has increased; and he objects to the tin structure being constructed because of the possible danger in the event of a hurricane. The applicant, Mr. David J. Dawe, 410 Polaris, spoke at this time and stated that he had been attempting to put in a marina in this area for approxi- mately 10 months; indicated that he has had difficulty in obtaining a permit from the Corps of Engineers; alleged that Mr. Odonavich has created a drainage problem on his property by filling in the property that he owns; mentioned the scarcity of boat facilities; expressed the opinion that boat barns would not be unsightly; and pointed out that most of the property in the immediate area is vacant. Speaking in favor of the application was Mrs. P. Y. Gaines, 2853 Debra, mentioning the drainage problem existing on her property because of the build-up of Mr. Odonavich's property and also the inferior drainage on Mr. Dawe's property which causes mosquito infestation. Mrs. Gaines stated that she felt this would be improved if Mr. Dawes develops his property. She also informed the Council that her property backs up to the sewer plant and the area owned by the City is not maintained. Minutes Regular Council Meeting August 10, 1977 Page 30 Council Member Gulley expressed concern for her problem and asked if the City cleans up their property,would the drainage on her property be improved? Mr. Lontos, Director of Engineering and Physical Development, stated that the drainage problem is a matter of elevation and that Mr. Odonavich has been building up his property and consequently a greater drainage problem exists on Mrs. Gaines' property. Mr. Odonavich interjected that he was building up his property because he has suffered from standing water for many years. No one else spoke in regard to this application. Motion by de Ases that the hearing be closed; seconded by Sample, and passed unanimously. Motion by de Ases that the Council accept the recommendation of the Planning Commission and approve the change of zoning to "B-4" on Tract A for a depth of 480' from the adjacent "B-4" zoning with a waiver of the standard screen- ing fence requirement along both side property lines, but required along the rear, andthat the change of zoning on Tract B be denied; seconded by Gulley, and passed unanimously. * * * * * * City Manager Townsend presented the ordinances in connection with the foregoing zoning cases. City Secretary Read polled the Council for their vote, and the following ordinances were approved: ORDINANCE NO. 13885: AMENDING THE'ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET.SEQ-, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM -TIME TO TIME, AND PARTICULARLY AS AMENDED BY• ORDINANCE NO. 6106, AS AMENDED, UPON.APPLICATION OF STEPHEN W. DEAN,. BY GRANTING A SPECIAL PERMIT FOR AN AUTOMOBILE SERVICE CENTER, ACCORDING TO THE SITE PLAN APPROVED BY THE PLANNING COMMISSION, SUB- • JECT TO THE CONDITIONS HEREINAFTER SET FORTH ON LOT 1, BLOCK 7, HIGHWAY VILLAGE SECTION 1 ANNEX, SITUATED IN THE CITY OF CORPUS CHRISTI, NIECES - COUNTY, TEXAS; 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: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. Minus Regular Council Meeting August 10, 1977 Page 31 ORDINANCE NO. 13886: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO. TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF DAVID J. DAWE BY AMENDING THE.ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOT 1, BLOCK 18, LAGUNA MADRE ACRES WITH A WAIVER OF THE STANDARD SCREENING FENCE REQUIREMENT ALONG BOTH SIDE PROPERTY LINES, BUT REQUIRED ALONG THE REAR, SITUATED IN. THE CITY. OF CORPUS. CHRISTI,. NUECES COUNTY, TEXAS, FROM "R -1B" ONE - FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; 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: Luby, de Ases, Diaz, Gill, Gulley and Sample voting "Aye"; Lozano, absent. * * * * * * Mayor Luby called for petitions or discussion from the audience. Mr. David Hotchkiss, 819. Buford, appeared before the Council and related the history of a traffic, accident which had occurred in 1971, in which he had been injured when struck by a Mexican driver of a vehicle. Mr. Hotchkiss alleged that following the accident, he had gone to the police station and had been abused by an officer there. Following a discussion of the matter, City Manager Townsend stated that he would conduct an investigation of the matter and report to the Council. * * * * * Mr. A. J. Schultes, 714 Ohio, addressed the Council on behalf of the American League expressing opposition to the sale of the County Tax Building to the City of Corpus Christi. Mr. Schultes stated that the building had originally been used as .a U.S.O. building, that it had been constructed through donations by individuals, and questioned the ownership of the building by the County. He suggested that the building be used for non-political purposes for a memorial center for veterans and offered to start a fund for this type of use with a per- sonal donation of $1,000. City Manager Townsend informed Mr. Schultes that the Council wanted to express their appreciation for his kind offer and stated that the staff will investigate the matter and report to Mr. Schultes later. * * * * * * Minutes Regular Council Meeting August 10, 1977 Page 32 Motion by Sample that Council Member Lozano be excused for just cause; seconded by de Ases, and passed unanimously. * * * * * * City Manager Townsend informed the Council that he would like to discuss a matter concerning a plat that is before the Planning Commission for considera- tion at their meeting next week. Mr. Townsend stated that the subdivision involved is located generally between Weber Road, Saratoga, and Nottarb; the subdivision is Country Club Estates Unit 31; and it is within the noise zones, as determined by the Tracor Study, of Cabaniss Field. City Manager Townsend indicated that this area is not suitable for one family dwelling development, and that it was his understanding that it was the intent of this Council and the prior Council to limit residential development. in the high -noise areas near Naval air fields so as to avoid encroachment in the flight patterns. He further informed the Council that the plat was first con- sidered by the Planning Commission on June 21, 1977; the owner, Mr. Bill Norrell, and the engineering firm of Urban Engineering have submitted a final plat, which was tabled at the Planning Commission a week ago, and will be considered for final approval at the next meeting of the Planning Commission, which is sche- duled for August 16. City Manager Townsend explained that he was not aware that this plat was to be considered for approval until he read the minutes of the Planning Com- mission meeting. He reminded the Council that complaints from owners of new homes in Country Club have been received in regard to the noise in that area and stated that further complaints might jeopardize the Navy installations in this City. Mr. Townsend requested that the Council take action today to ask the Commission not to act on this plat until they had an opportunity to discuss the matter in depth. Mayor Luby stated that he strenuously objects to approval of the plat if it would endanger retaining Naval facilities here in. Corpus Christi and he felt that it would be the consensus of the Council that the Planning Commis- sion be requested to delay final action on approval of the plat. Minutes Regular Council Meeting August 10, 1977 Page 33 Mr. Larry Urban of Urban. Engineering spoke at this time, stating that Mr. Bill Norrell, the owner of the property, was in attendance. Mr. Urban stated that heunderstood the Council had passed a resolution.several•years ago in regard to protecting the Navy's installation from encroachment, but that there are no ordinances to this effect.. He further informed the Council that since 1976, six subdivisions have been approved that are in the come before the Council. Mr. Urban related the history of this particular subdivision and stated that Mr. Norrell had submitted a preliminary plat for approval; the plat was con- sidered by the Planning Commission on June 21, 1977; the noise level was discussed; and the Commission recommended that the City down zone the property from "A-1". He also stated that Mr. Norrell proceeded with the purchase of the property; Urban Engineering prepared the plans, which are ready to be approved; Mr. Norrell has started to sell lots in the subdivision; and now they find that some action is suggested to the Council that they withhold approval of the plat. Mr. Urban indi- cated that the plat meets the requirements of the Platting Ordinance, and the resolution passed by the Council in 1974 regarding the Naval Air Station has no effect on the Platting Ordinance. City Manager Townsend summarized by stating that the matter is a simple one in that if the City has made mistakes in the past in approving such plats and is in the process of making a larger mistake, then the Council should stop it, since the Council has indicated that they want to stop growth of residential pro- perty around the air fields. Mayor Luby emphasized that he felt that every engineer and builder in the City are familiar with the noise zones and the Council's resolution in regard to them and that they should comply with the resolution. Mr. Urban suggested that since the land is there to be developed, and if such development is going to be denied, an ordinance should be passed to prohibit development in the area, but there is no ordinance in effect at this time. Council Member Gulley expressed the opinion that the City does not have legal right to hold up approval of the plat nor to delay building, pointing out flight pattern, and these have not Minutes Regular Council Meeting August 10, 1977 Page 34 that other people have developed land all around this area. City Manager Townsend stated that this plat is the closest development to Cabaniss Field and that it was his understanding that the Planning Commission would consider the Council's resolution when plats are presented to them. He informed the Council that in this subdivision, the lots have been divided into single-family dwelling lots. Mayor Pro Tem de Ases inquired as to what action the Council could take. City Manager Townsend replied that the Council could determine that they wanted the area rezoned and consider this when the plat is presented for rezoning. Mayor Luby reiterated that he is very definitely opposed to this encroach- ment near the air field, and the Planning Commission should be aware of the reso- lution that was passed by the Council. Motion by Gill that the Council request the Planning Commission to delay approval of the plat for one week to allow time for further discussion by the Council; seconded by Sample. Mr. Morrell spoke at this time and emphasized the fact that under the existing zoning of the property, it would be possible to build 900 apartments, which would increase density in the area; the one -family dwellings that are planned would decrease density; and explained that he personally has a great deal of money involved in the development and that 'Al"" - zoning does not prohibit one -family dwellings. He also stated that he had been informed by Urban Engi- neering that there would be no problems. City Attorney Bruce Aycock expressed the legal opinion that the Platting Ordinance cannot be changed by a resolution. Mr. Ernest Briones, Director of Planning and Urban Development, advised the Council that the plat is scheduled to be approved next Tuesday, and to Council Member Gulley's question about losses to the owner if approval of the plat is delayed, he admitted that the owner would suffer some financial loss. Council Member Gill withdrew her motion. After further discussion, City Attorney Aycock stated that there would be no legal problem if the Council requested that the down zoning be accomplished Mies Regular Council Meeting August 10, 1977 Page 35 before the plat is approved, nor would there be a problem if the Council requests that the Planning Commission delay approval of the plat. Motion by de Ases that the Council instruct the Planning Commission t� defer approval of the plat until the zoning matter is resolved; seconded by Gill. City Manager Townsend explained that the rezoning processwill require six or seven weeks because of the necessity to have it heard before the Planning Commission which would require several weeks of advertising. Mayor Pro Tem de Ases withdrew his motion. Motion by de Ases that the Council instruct the Planning Commission to delay the approval of the plat for Country. Club Estates Unit 31 until the Council has had an opportunity to hear further discussion during the scheduled Workshop Meeting of Wednesday, August 17, 1977 at 10:00 A.M. The motion was seconded by Diaz and passed by the following vote: Luby, de Ases, Diaz, Gill. and Sample voting "Aye"; Gulley voting "No"; and Lozano, absent. There being no further business to come before the Council, on motion by Gulley; seconded by de Ases, the Regular Council Meeting was adjourned at 7:30 p.m. August 10, 1977.