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HomeMy WebLinkAboutMinutes City Council - 07/12/1978PRESENT: Mayor Gabe Lozano, Sr. Mayor Pro Tem Bob Gulley Council Members: David Diaz Ruth Gill Joe Holt Tony Juarez, Jr. Edward L. Sample MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JULY 12, 1978 2:00 P. M. City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Gabe Lozano, Sr. called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend Charles Long of the Central Christian Church. City Secretary Bill G. Read called the roll of required Charter Officers and stated that the necessary quorum was present to conduct a legally constituted meeting. Mayor Lozano announced the scheduled bid openings on the following pro- jects: a. Corpus Christi Convention Center "Bayfront Plaza". The plans include construction of the Convention Center and the parking bay under the building including access but does not include other site work. The plans include a number of alternates. Mr. James K. Lontos, Director of Engineering and Physical Development, opened bids from the following companies: BFW Construction Company, Temple, Texas; Lanphier Construction Company, Corpus Christi; Manhattan Construction Company, Dallas; Midstate Constructors, Inc., Dallas; Robert E. McKee, Inc., El Paso; Spaw- Glass, Inc., Houston; and Zapata Warrior Constructors, Houston. Mr. Lontos stated that all of the companies had submitted the proper bid bond and cashier's check with their bids. Mayor Lozano stated that the apparent low bidder was BFW Construction Com- pany but that the bids will be tabled for 48 hours pursuant to the requirements of the City Charter and referred to the staff for tabulation and recommendation. b. Sewer laterals in Tropic Isles subdivision. The project includes extension of 8 and 10 inch sanitary sewer laterals in Mediterranean, Samoa and Tahiti Drives and Laguna Shores Road. Property owners living and owning properties along the streets have requested the extensions. The project was included in the 1977 bond program. AliunurILIVIED SEP 0 31980 Minutes Regular Council Meeting July 12, 1978 Page 2 Mr. Lontos opened bids on this project from the following Corpus Christi companies: Maverick Construction Company, Heldenfels Brothers, Isies Construction Company and Asphalt Paving and Construction Company (APCCO). He noted that the required bid security checks had been submitted by all companies. Mayor Lozano stated that the apparent low bidder was Asphalt Paving and Construction Company but that the bids will be tabled for 48 hours as required by the City Charter and referred to the staff for tabulation and recommendation. Mayor Lozano announced appointments to Boards and Commissions. City Manager R. Marvin Townsend reviewed the appointees to various boards and commissions that were discussed during the Workshop Meeting and presented the following for Council confirmation: CITIZENS ADVISORY HEALTH & WELFARE BOARD TERM TO EXPIRE: Mrs. Noe Garza (Joint City -County) - Reappointment 11-11-80 HUMAN RELATIONS COMMISSION: (Appointed by the Mayor - to be confirmed by Council) Wanda McGrew 6-14-81 Richard Perez 6-14-81 Mrs. Gladys Williams (Reappointment) 6-14-81 Mrs. Drusilla Knight 6-14-79 Ruben Salone "youth" member 6-14-79 Emmanuel Cortez "youth" member (Reappointment) 6-14-79 MARINA BOARD: W. A. "Bill" Sky -Eagle 2-28-79 PLANNING COMMISSION: Mrs. Sarah Cook 7-31-80 SOLICITATIONS COMMISSION: Mrs. Betty Wittner 7-10-81 Henry Annen (Reappointment) 7-10-81 Mrs. Aldine Burton (Reappointment) 7-10-81 Bobby Richter 7-10-80 LANDMARK COMMISSION: Mrs. Robert H. Blair 11-20-79 CIVIL SERVICE BOARD: (Appointed by City Manager - to be confirmed by Council) Mr. Alvaro Saenz 6-15-81 _tes Regular Council Meeting July 12, 1978 Page 3 ' Motion by Gulley that the foregoing appointments be confirmed; seconded by Holt; and passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez and , Sample voting "Aye" on all of the appointments; Gill voting "Aye" on all of the appointments with the exception of the appointment to the Civil Service Board, on which she voted "Nay" because she felt that the appointment should be made by the Mayor with the approval of the Council, also stating that she feels that a woman should be appointed to this board. Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: (1) A public hearing be held during the Regular Council Meeting on July 26, 1978 on the City's recommendation to close the following streets: (a) North Water Street from the north right-of-way of Hirsch (b) Brewster from the East right-of-way of N. Chaparral to the West right-of-way of the east lane of N. Shoreline Blvd. (c) A portion of No. Shoreline Blvd. from the north right-of-way line of use to the south right-of-way line of Brewster. It is necessary that these streets be closed for construction of the Bayfront Plaza. City Manager Townsend stated that the staff will eventually recommend that more streets in the area be closed, but the plans provide that Hughes Street will remain open. Council Member Gill inquired about access to the Art Museum during construc- tion, and City Manager Townsend replied that an effort will be made to keep one lane of Shoreline Boulevard open at all times. (2) Bids be received at 11:00 A.M., Tuesday, August 1, 1978 on 21,600' of 3/4" and 320' of 11" soft copper pipe. This is a three month's supply. Bids are not taken for a longer period because the price of copper pipe fluctuates frequently. (3) Bids be received at 11:00 a.m., Tuesday, August 15, 1978 for a five year food and drink concession on the Peoples Street T -Head and a five year bait stand concession on the L -Head. The bidders will state the percentage of gross receipts they will pay. The existing leases pay 12% of gross with a $200 per month minimum on the L -Head and 27% of gross on the Peoples Street T -Head concession. City Manager Townsend explained that the foregoing concessions do not necessarily have to be bid by one company, but the staff felt that it would be appropriate to receive bids on the same date. Minutes Regular Council Meeting July 12, 1978 Page 4 (4) One single and three double parking meters with 2 hours maximum time and four single and fourteen double parking meters with 10 hour maximum time be purchased from DUNCAN PARKING METERS, Dallas, on the basis of low bid meeting specifications of $3,400.65. The apparent low bids of $2,874.18 by POM, Inc., Russellville, Ark. and $2,850.14 by South- western Materials, Austin, are not recommended because their meters will not screen foreign coins and slugs. Bids were received from 3 firms. Price comparison shows an increase of 24% on the double and 23% on the single meters. The two-hour meters will be installed on the east side of Lower Broadway from Taylor to Twigg Streets and the ten-hour on the west side of Lower Broadway from Taylor to Twigg, the north side of Twigg from Lower Broadway to Mesquite and on N. Carancahua from Buffalo to Winnebago. (5) Annual supply contracts be awarded as follows: (a) Air filter service at nine locations to Kieen Air Filter Service, Corpus Christi, on the basis of the only bid received of $3,065.20. Price comparison shows an increase of 21%. (b) 7,360 lbs. of freon to Refrigeration Sales Co., Inc., Long Island, N.Y., on the basis of low bid of $6,046.31. Bids were received from two firms. Price comparison shows an increase of 31%. (c) 3,300 lbs. of bermuda seed to Currie Seed Company, Corpus Christi, on the basis of low bid of $6,567. Bide were received from four firms. Price comparison shows an increase of 35%. (d) 360 anodes to Marco Corporation, Houston, on the basis of low bid of $20,659.18. Bids were received from five firms. Price comparison shows an increase of 4%. (e) Brass and iron service fittings to the following firms on the basis of low bid: MARS UTILITY SUPPLY COMPANY, San Antonio Lot I (25 Items) Brass Service Fittings Lot IV (11 Items) Galvanized & Black Service Fittings COASTAL PIPE & SUPPLY, Brownsville Lot II (6 Items) Brass Curb and Meter Stops, Ball Type SEA GARDEN SALES, Harlingen Lot III (4 Items) Brass Angle Ball Meter Stops GRAND TOTAL $20,836.51 7,142.44 $27,978.95 12,128.48 20,817.16 $60,924.59 The bid of $7,245.05 submitted by Esco Supply Company, Corpus Christi, on Lot IV is not recommended because the price is subject to fluctuation after 60 days and is only .6% below the firm bid of Mars Utility Supply Company. Price comparison shows an increase of 11%. Bids were received from 9 firms. (f) 2,000-90 lb. bags of portland cement to Armstrong Lumber Company, Corpus Christi on the basis of low bid of $5,820. Bids were received from two firms. Price comparison shows an increase of 27%. M1uutes - Regular Council Meeting July 12, 1978 Page 5 (g) Cast iron tapping sleeves and valves to the following firms on the basis of low bid: McALLEN PIPE & SUPPLY COMPANY, Corpus Christi Lot I (5 Items Tapping Sleeves for Abestos Cement Pipe) Lot II (9 Items Tapping Sleeves for Cast Iron Pipe) (7 Items Tapping Valves, sizes 4" thru 20") Total $ 3,148.05- 15,701.59 $18,849.64 AMERICAN CAST IRON & PIPE COMPANY, Dallas Lot III (16 Items Tapping Saddles, sizes 12" thru 48") 4,384.58 GRAND TOTAL $23,234.22 Price comparison shows an increase of 2.9%. Bids were received from 6 firma. (6) A contract for improvements to the City Hall Annex be awarded to Beecroft & Williamson, Inc. for $101,650. The project includes install- ation of a new air conditioning system, electrical work, suspended ceiling with insulation, restroom renovation and incidental work. City CETA forces will work concurrently with the general contractor in constructing interior offices. (7) A contract for demolition of the Greenwood Drive Incinerator be awarded to Southwest-Rathgeber Company of Austin for $37,444.70 and $40,000 be appropriated for the contract award and related expenses. This is the first 4th Year Community Development project to be placed under contract. (8) The Police Building Air Conditioning modifications be accepted and final payment of $1,332.55 be made to the contractor, Whitmire Refrigeration Company. This project replaced and enlarged an air handler in the basement and installed two smaller air handlers for a total cost of $9,190. A grant has been received from the Department of Public Safety„ Division of Disaster Emergency Services for one-half the cost of the improvements since the space is the City's emergency command center. (9) Change order #5 for $90,363.80 be approved for additional costs incurred by Burtex Constructors on Sewer 34A, Section 3 along UpRiver Road near Sharpsburg Road due to difficult soil conditions. The project is substantially complete, subject to some minor remaining work. The change order•is subject to the City and contractor executing a mutual release of all claims against each other and the consultants, McCaughan, Etheridge and Webb. The City will complete pavement reconstruction and not charge liquidated damages. Final payment of $146,268.30 is recommended for a total cost, including all change orders, of $418,621.30. A supplemental appropriation of $86,605.42 is needed. (10) Values totaling $26,530.for-the acquisition of 17 right of way easement, parcels for McKinzie Road improvements from State Highway 44 to 1.8 Mile North be approved. The City and County are responsible for right of way acquisition and utility adjustments on the project. The County will purchase the property directly from the owners on the basis of the appraisals. The parcles includes 30 additional feet of right of way on both sides of McKinzie Road. (11) $19,200 be appropriated from the Transit Fund to reimburse the General Fund for interest accrued on the inter -fund loan which has provided transit operating money, pending receipt of operating assistance grant from the Urban Mass Transportation Administration for 1977-78, estimated to be $558,840. This interest expense is eligible for 50% assistance from the Federal Government's Urban Mass Transportation Administration. Minutes Regular Council Meeting July 12, 1978 Page 6 (12) McMoran Exploration Company be granted a permit to drill a well from a regular location in State Tract 349, Corpus Christi Bay. The well is located 2000 ft. south of the ship channel and midway between Ingleside and Port Aransas. No exceptions to the Bay Drilling Ordinance are requested. (13) Bids be received for mineral leases on the'following 3 tracts at International Airport: 128.315 acre Cecilia Kelly Tract 13.47 acre M. M. Gabriel Tract 92.2 acre A. J. Geistman Tract The specifications.provide for: (a) Three Year Lease (b) Cash'bonus of.$50.00 per acre minimum (c) Royalty of 1/5 or 20%. (d) $10.00 per acre delay rental (e) No surface drilling on the Gabriel and Geistman tracts because of height limitations imposed by Airport zoning regulations. A request has been received to lease the minerals. The tracts are located south of Highway 44 and west of FM 763. (14) Plans and specifications for 2.25 miles of street improvements in the Ella Barnes Area Unit lA be approved and bids be received August 9, 1978. The project includes the reconstruction of the following streets with curbs, gutters, sidewalks, driveways and storm sewer improvement. (1) Chippewa Street from Duncan to Francesca (2) Coleman and Morris Streets from Harmon to Duncan (3) Dolores and Harmon Streets from Ruth to Agnes (4) Duncan Street from Highland to Agnes (5) Marguerite and Mary Streets from Port to Duncan (6) Ruth Street from Harmon to Francesca (7) Sunrise Street from Duncan to Ruth The project is part of the 3rd year Community Development program. The streets were also included in the 1977 Bond Election. (15) The City concur with the Nueces River.Authority Boaid.of Directors' • •• employment -of McCall, Parkhurst 6 Horton as bond attorney and M. E. Allison & Co. as financial advisors for the issuance of Nueces River Authority bonds related to the financing of the Choke Canyon Reservoir. (16) A supplemental agreement be approved with the Nueces River Authority to clarify that the City will provide the Authority with all information necessary to successfully carry out a bond sale and will indemnify the Authority for any kind of liability which might accrue from the sale of bonds. In regard to Item (15), City Manager Townsend explained that although fees for these services are a little excessive, there are no other experienced bond .attorneys or financial advisors available at any less cost; therefore, it is recommended that these firms be employed to handle the issuance of bonds for the Choke Canyon Reservoir. hunutes Regular Council Meeting July 12, 1978 Page 7 In regard to Item (16), City Manager Townsend explained that this supple- mental agreement was requested by the Nueces River Authority because of their concern that the City of Corpus Christi should be liable for any problems that may occur in connection with the sale of the bonds, other than malfeasance on the part of the NRA Board; the City:is the partner that is responsible for all bills; the City is the entity that requres the Water; NRA is participating, but they have no resources to provide funding. Council Member Diaz inquired if the City oversees the sale of the bonds. City Manager Townsend assured him that the City will furnish data and information required by NRA for use in preparing the bond offering documents, contracts, etc. The City must act promptly to review and either approve or disapprove each resolution and indenture authorizing and securing the bonds and the fiscal arrangements for the bonds. The City should hold the NRA free from damages that may result from the sale of bonds. Mr. Townsend stated that City Attorney J. Bruce Aycock has some concern about some of the sections of this contract, but indicated that this supplemental agreement does not change any of the basis contractual specifications. Council Member Gill asked about the concern that City ATtorney Aycock has about the contract. City Attorney Aycock replied that the item that bothers him is the manner in which it was legally written in that it contains negative wording. City Manager Townsend expressed the opinion that this amendment is not necessary, since the basic contract is adequate, but since NRA has requested that these conditions be provided in .written form and theCity desires full cooperation with the NRA, the staff recommends that the amendment be approved. There were no comments from the audience on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items (1) through (16), be approved; seconded by Juarez; and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances. There were no comments from the audience. City Secretary Read polled the Council for their votes, and the following were approved: Minutes Regular Council Meeting July 12, 1978 Page 8 SECOND READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE PADRE LITTLE MISSES KICKBALL LEAGUE, LEASING TO THE SAID PADRE LITTLE MISSES KICKBALL LEAGUE 5.6 ACRES OF LAND LOCATED ON THE NORTHMOST CORNER OF LA COSTA DRIVE AND FIRE CREEK DRIVE, OWNED BY THE CITY, FOR THE PURPOSES 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 and final reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14376: ADOPTING SUPPLEMENT NO. 2 TO THE CODE OF ORDINANCES OF THE CITY OF CORPUS CHRISTI, TEXAS; ADOPTING AND READOPTING ORDINANCE' NOS. 13121 AND 13655; INSTRUCTING THE CITY SECRETARY TO PROPERLY FILE THIS SUPPLEMENT; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14377: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-253, SCHEDULE IV --STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO AN ITEM SO AS TO PROHIBIT STOPPING, STANDING OR PARKING ON BUFFALO STREET, THE SOUTH SIDE, BETWEEN CARRIZO STREET AND TANCAHUA STREET BETWEEN THE HOURS OF 7:00 A.M. AND 9:00 A.M.; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". THIRD READING - ORDINANCE NO. 14378: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, BY ADDING TO CHAPTER 36 A NEW ARTICLE, ARTICLE III, BAYFRONT PLAZA AUDITORIUM, PROVIDING FOR RENTAL CHARGES AND REGULATIONS; AND AUTHORIZING THE CONVENTION CENTER MANAGER TO EXECUTE LEASE AGREEMENTS FOR THE RENTAL OF THE BAYFRONT PLAZA AUDITORIUM AND ASSOCIATED FACILITIES. The foregoing ordinance was read for the third time and passed finally by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14379: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH SOUTHWEST-RATHGEBER COMPANY OF AUSTIN, TEXAS FOR THE DEMOLITION OF THE GREENWOOD DRIVE INCINERATOR BUILDING; APPROPRIATING $40,000 OUT OF THE NO. 162 FEDERAL/STATE GRANTS FUND, ACTIVITY 4736, CODE 502, 4TH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, (DEMOLITION -CITY WIDE) OF WHICH $37,444.70 IS FOR THE CONSTRUCTION CONTRACT AND $2,555.30 IS FOR INCIDENTAL AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Samplecvoting "Aye". Minutes Regular Council Meeting July 12, 1978 Page 9 ORDINANCE NO. 14380: AUTHORIZING THE CITY MANAGER TO EXECUTE A MUTUAL RELEASE ON BEHALF OF THE CITY OF CORPUS CHRISTI WITH BURTEX CONSTRUCTORS, INC., PERTAINING TO CONSTRUCTION OF THE CALALLEN SANITARY SEWER TRUNK LINE EXTENSION NO. 34-A SECTION 3, FROM UP RIVER ROAD TO SHARPSBURG ROAD, AND TO EXECUTE CHANGE ORDER NO. 5 TO THE CONTRACT WITH BURTEX CONSTRUCTORS, INC., IN THE AMOUNT OF $90,363.80 TO REFLECT NEGOTIATED ADDITIONS, A SUBSTANTIAL COPY OF SAID CHANGE ORDER BEING ATTACHED HERETO AS EXHIBITS "A" AND "B", AND MADE A PART HEREOF; APPROPRIATING $86,605.42 OUT OF THE NO. 250 SANITARY SEWER BOND FUND APPLICABLE TO THE CALALLEN TRUNK LINE EXTENSION; AND AUTHORIZING PAYMENT OF $146,268.30 TO BURTEX CONSTRUCTORS, INC., REPRESENTING FINAL PAYMENT FOR WORK PERFORMED ON THE AFORESAID CONTRACT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14381: APPROPRIATING AND REAPPROPRIATING $19,200 OUT OF THE TRANSIT FUND'S RESERVE APPROPRIATION FOR THE PURPOSE OF PAYING INTEREST TO THE GENERAL FUND ON INTER -FUND LOANS MADE BY THE GENERAL FUND TO THE TRANSIT FUND, DURING THE 1977-1978 FISCAL YEAR; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14382: AUTHORIZING EXECUTION OF A SUPPLEMENTAL AGREEMENT WITH THE NUECES RIVER AUTHORITY UNDER WHICH THE CITY WILL PROVIDE THE AUTHORITY WITH ALL INFORMATION NECESSARY TO SUCCESSFULLY CARRY OUT A BOND SALE AND INDEMNIFY THE AUTHORITY FOR ANY LIABILITY WHICH MIGHT ACCRUE FROM THE BOND SALE, ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARRED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14383: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH BEECROFT & WILLIAMSON, INC., FOR RENOVATIONS AND IMPROVEMENTS TO THE CITY HALL ANNEX (OLD COUNTY TAX BUILDING); APPROPRIATING AND REAPPROPRIATING A TOTAL OF $106,000, OUT OF THE NO. 102 GENERAL FUND, ACTIVITY NO. 3293, CODE 345, OF WHICH $101,650 IS FOR CONSTRUCTION AND $4,350 IS FOR LEGAL ADVERTISING, CONTINGENCIES, AND INCIDENTAL EXPENSES APPLICABLE TO PROJECT NO. 102-3293-345; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance was approved by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". * * * * * * * * • Council Member Gill suggested that a workshop meeting be held to discuss the budget prior to the scheduled public hearing on the budget on July 19. Dis- cussion followed in regard to the date and time most of the Council Members would be able to attend. Motion by Gill that a budget review be conducted on Tuesday, July 18, 1978, at 2:00 p.m.; seconded by Juarez; and passed unanimously. Minutes Regular Council Meeting July 12, 1978 Page 10 Mayor Lozano declared the Regular Meeting recessed at 3:20 p.m. for ten minutes and explained that the Special Council Meeting would be convened at 3:30 p.m. for consideration of four zoning applications. 'Mayor Lozano reconvened the Regular Council Meeting at 4:04 p.m. and called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Philip Rosenstein, 949 Bobalo, spoke at this time and again urged the Council to pass an ordinance prohibiting smoking in the Council Chambers during public meetings. Mr. Rosenstein, who had been using a gas mask, a can of spray, and other items during the meeting, stated that he resented the remarks made by Mayor Lozano and Mayor Pro Tem Gulley concerning the use of these items earlier during the meeting. Mayor Lozano explained that the remarks were made because of the disturb- ance created by Mr. Rosenstein in the use of these items. Mr. Rosenstein continued his presentation and read a prepared statement, copies of which were presented to the Council, in which he alleged that smokers endangered the health of non-smokers in poorly ventilated rooms such as the Council Chambers. As a part of his statement, Mr. Rosenstein quoted several medical opin- ions in regard to the hazards of cigarette smoking and again pointed out that most governmental entities do prohibit smoking during public meetings. He concluded his presentation by asking Mayor Lozano if he believed that smoking in the Council Chambers is dangerous to the health of non-smokers. Mayor Lozano stated that he did not care to discuss this matter with Mr. Rosenstein and stated that the matter will be discussed by the Council. Council Member Gill expressed the opinion that Mr. Rosenstein had pre- sented some excellent facts in regard to the hazards of cigarette smoking and that since smoking is prohibited during the School Board meetings, at the libraries, courtrooms, the County Commissioners Court, and other public places, that the Council should consider the same prohibition. Mrs. Gill pointed out that some people are adversely affected by cigarette smoke. Minutes Regular Council Meeting July 12, 1978 ' Page 11 Mayor Lozano pointed out that such an ordinance prohibiting smoking in the Council Chambers requires a majority vote of the Council. Council Member Gill stated that she would like to have four Council Members agree to have a non-smoking ordinance placed on the agenda. Council Member Sample stated that he would like to have this matter placed on the agenda for next week as a discussion item. Addressing the Council on the same matter was Ms. Mary K. Lamont, 3241 Reid, who spoke on behalf of the Corpus Christi Area Women's Political Caucus. Ms. Lamont informed the Council that this organization had approved a resolution in favor of a "No Smoking" ban in the Council Chambers during public meetings. She read the reso- lution and urged the Council to take action as soon as possible to prohibit smoking in the Council Chambers. Speaking on another matter was Mrs. Anita Cornell, 614 Texas, who stated that she was speaking as a taxpayer in regard to the allegedly improper procedures followed by Mr. Pat Scarborough, Director of Maintenance Services, in connection with an alleged back injury suffered by her husband, Mr. Robert Cornell, while working at his job as Mechanic II in the Maintenance Services Division on July 19, 1977.- Mrs. Cornell contended that Mr. Scarborough had violated several sections of the Civil Service Rules and Regulations by his actions, stating that he had entered their home to discuss City business. She charged that Mr. Scarborough had been 'very offensive in his actions and was violent on June 28, 1978 when he came to their home to deliver a letter. Mrs. Cornell informed the Council that Mr. Cornell has been unable to bring his appeal before the Civil Service Board because after the hearing before the Board was set, it was canceled. She charged that the City was negligent in causing the injury to her husband and that Mr. Scarborough was negligent in the actions taken by him and suggested that he should be subject to disciplinary action. City Manager Townsend noted that Mrs. Cornell has placed charges and attacks against the City which have no place before the Council but that he had allowed her to present her statement as a matter of courtesy. He stated that he felt that the Council is aware that a problem exists in connection with Mr. Cornell. Minutes Regular Council Meeting July 12, 1978 Page 12 Mr. Townsend informed the Council that notice has been given to Mr. Cornell that he will have an opportunity to appear in a meeting in Mr. Scarborough's office on July 13, 1978, with his supervisor, Mr. Scarborough and Assistant City Manager Archie Walker, at which time he will be allowed to respond either orally or in writing to the allegations of the violations perpetrated by Mr. Cornell. City Manager Townsend then read to the Council a portion of the letter delivered to Mr. Cornell setting forth the specific conduct by which Mr. Cornell is alleged to have violated certain Rules and Regulations of the Civil Service Board. City Manager Townsend explained that Mr. Scarborough had no alternative except to deliver the letters to Mr. Cornell's home, since any disciplinary action requires that letters must be personally delivered to employees, and since Mr. Cornell was not at work, Mr. Scarborough had no recourse but to deliver the letters to his home. Mayor Pro Tem Gulley pointed out to Mrs. Cornell that the City has a grievance procedure to be followed by employees which stipulates that such matters should be presented to the Civil Service Board. Assistant City Manager Walker assured Mrs. Cornell that the only reason that Mr. Scarborough went to their home was because Mr. Cornell's supervisor was ill; the letters had to be delivered; and Mr. Scarborough was the only one available to deliver the letters. Mr. Walker continued by pointing out that Mr. Cornell will have a hearing before Mr. Scarborough and himself, and if he has a good reason for his failure to return to work, they will be glad to hear it at that time. Also speaking on the smoking issue was Mrs. Virginia E. Griffin, 953 Bobalo Drive, who stated that she is attempting to quit smoking and finds it very diffi- cult to attend Council meetings when others present are smoking. Council Member Juarez asked Mrs. Griffin how often she attends the City Council meetings, and Mrs. Griffin stated that she has not attended 'very often but would do so if smoking were prohibited. The next citizen addressing the Council was Mrs. Marie Wood, 234 Rossiter Street, who stated that she serves as secretary of the Municipal Arts Commission. Minutes Regular Council Meeting July 12, 1978 Page 13 Mrs. Wood presented the Council with copies of a recommendation of the Municipal Arts Commission that the City Council provide our citizens a broad based support of all arts, including the performing arts, passed by the Commission on July 11, 1978. Mrs. Wood then referred to the proposed budget for 1978-79 and noted that the budget for the Office of Community Enrichment is incomplete in that it did not contain three valid proposals which were presented to that office for funding. Mrs. Wood stated that she realized that the Council had recommended that the budget for the forthcoming year be reduced, but suggested that funds be rerouted to pro- vide additional funds for the Office of Community Enrichment in order that further consideration could be given to proposals for funding from the Corpus Christi Ballet Theatre, the Cummings -Wood Foundation, and the Corpus Christi Arts Council, copies of which Mrs. Wood presented to the Council. Council Member Holt assured Mrs. Wood that the Council had not decreased the budget for the forthcoming fiscal year but had merely limited the amount of the increase. Mayor Pro Tem Gulley also referred to the fact that a number of people are under the impression that the Council is decreasing the budget, but actually, the budget will be increased. He pointed out that taxes have been decreased -- not the budget. Mrs. Wood stated that she had presented the Council with the proposals men- tioned above because she felt that they may not have been provided with that information. Mayor Lozano explained that the Council must consider essential items first, and they hope to approve a cost -of -living increase of 5% to 7% for City employees, providing funds are available. Mrs. Wood then referred to the hotel -motel tax and stated that she had been informed by Mr. Randy Moravec, Administrative Assistant of the Budget Office, that an estimated $77,500 will be available from this tax for furtherance of the arts. She suggested that if funds are not available in the budget for these three propo- sals, that funding of them be considered from this hotel -motel tax. Minutes Regular Council Meeting July 12, 1978 Page 14 City Manager Townsend explained to Mrs. Wood that the hotel -motel tax has already been included as a source of income for the budget and is included in the figures that the Council referred to. He also stated that the staff will have a revised budget that has been cut by 3 million dollars for Council review next week. Mrs. Wood stated that the Corpus Christi Ballet Theatre was funded at one time by the City; since that time, they have presented requests for funding; but the requests have never been presented to the Council; therefore, she has brought this to the Council's attention. Council Member Gill mentioned the Council action several months ago resolv- ing to designate a certain percentage of the hotel -motel tax for furtherance of the arts. Mrs. Gill referred to the fact that the Council had suggested that the Municipal Arts Commission study all aspects of the arts and make recommendations to the Council as to which art groups should be funded through that source. She inquired of Mrs. Wood, as -a member of that Commission, about their progress on such recommendations. Mrs. Wood replied that the Commission has been working on this matter, but they will not have the recommendations ready for presentation to the Council until after next month. Council Member Gill stated that this was unfortunate since the Council must approve the Budget prior to August 1, 1978. Mr. Charles Nichols, 1547 Lea Lane, appeared before the Council and expressed appreciation to the Council for examining the City's proposed budget and suggesting the limit on the increase of the budget. Mr. Nichols also referred to Mr. Rosenstein's rather dramatic efforts to bring to the Council's attention the hazards encountered in allowing smoking in the Council Chambers. He expressed agreement with Mr. RosenStein's request that smok- ing be banned during public meetings and stated that according to all medical reports, it has been proven that smoking is harmful not only to smokers, but that a burning cigarette is very harmful to non-smokers in an enclosed room. Mr. Nichols stated that he would like to prohibit smoking in his store, because he feels that it is offensive to other customers; he suggested that any Council Members who smoke could step outside to do so during Council Meetings; and urged that the Council take action to prohibit smoking in the Council Chambers. • Minutes Regular Council Meeting July 12, 1978 Page 15 Mr. Nichols again commended the Council for their attempts to reduce taxes and limit the budget increase. In relation to this, he stated that as a former member of the Human Relations Commission, he agreed with the suggestion that the Human Relations Department could be eliminated from the budget. Motion by Gulley that the Council convene in closed session to discuss personnel matters in compliance with Article 6252-17, Section 2, of V.A.C.S.; seconded by Diaz; and passed unanimously at 4:55 p.m. * * * * * * * * Mayor Lozano reconvened the Regular Meeting at 5:15 p.m. There being no further matters to come before the Council, on motion by Diaz, seconded by Sample, and passed unanimously, the Regular Council Meeting was adjourned at 5:18 p.m. July 12, 1978. I WOULD LIKE TO MAKE A STATEMENT TO CLARIFY A QUOTE THAT WAS ATTRIBUTED TO ME IN LAST FRIDAY'S TIMES FOLLOWING A TALK I MADE AT THE FRIDAY MORNING GROUP. I WAS EXPRESSING MY DISAPPOINTMENT IN THE CITY MANAGER AND SOME OF THE STATEMENTS HE MADE WHEN HE REFERRED TO ME AFTER WE PASSED THE BUDGET AND TAX RESOLUTION LAST WEEK. I MIGHT -`ADD THAT I DID HAVE SOME GOOD WORDS TO SAY ABOUT HIS GENERAL ABILITY. I DID NOT EXPRESS ANY DISAPPOINTMENT , NOR DID I SAY, INFER OR IMPLY ANYTHING DEROGATORY ABOUT MY COLLEGUES ON THE CITY COUNCIL. I SAID, IN EFFECT, THAT ANY ACTION OF THE COUNCIL REQUIRES FOUR VOTES — A JOINT EFFORT. PEOPLE THAT WERE THERE, CAN ATTEST TO THIS AND HAVE. I IMAGINE EVERYONE AT THIS TABLE HAS BEEN MISQUOTED SOMETIME OR ANOTHER SINCE YOU HAVE BEEN ON THE COUNCIL..IT's A FACT OF LIFE, WHEN YOU ARE IN THE PUBLIC EYE. FOR THE PAST SEVERAL MONTHS, WITH MAYOR LOZANO AT THE HELM, WE HAVE BEEN WORKING TOGETHER WITH HARMONY AND RESPECT. WE HAVE ACCOMPLISHED A GREAT DEAL DURING THIS TIME AND WE HAVE MORE TO DO. SO I SIMPLY WANTED TO SET THE RECORD STRAIGHT PUBLICALLY. This statement was made by Mayor Pro Tem Bob Gulley during the Workshop Meeting of this date. (July 12, 1978)