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HomeMy WebLinkAboutMinutes City Council - 08/02/1978PRESENT: , 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 AUGUST 2, 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 Reverend A. A. Russert of the St. John Evangelica Lutheran Church gave the invocation. 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 then recognized Mr. Harry Plomarity, General Chairman of the • Sister City Committee. Mr. Plomarity gave a brief statement of the history of the exchange program conducted by the Sister City Committee between this City and our Sister City of Yokosuka, Japan. He then introduced the following Yokosuka students and their hosts: Mari Kabaya - Linda Wiant; Yumiko Sato - Bea Ann Taylor; Masatoshi Ohashi - Joe Forbus; and Makoto Konno - Jim Burkhardt. Mayor Lozano presented Honorary Citizenship Awards to the students and welcomed them as representatives of Yokosuka to the City of Corpus Christi. t The students from Japan responded and expressed their appreciation for the opportunity to visit the United States and particularly Corpus Christi, Texas. ^A Mr. Plomarity continued by informing the Council that the Sister City Committee wished to honor Mr. W. B.'"Dub" Willson, former General Chairman of the ,„ICommittee, for his outstanding contribution to the Sister City program. Mayor Lozano presented a plaque to Mr. Willson and thanked him for his outstanding service to the City of Corpus Christi through his work on the Sister City Committee. 4 MII;KUf!LMED, SEP 0 31980 Minutes Regular Council Meeting August 2, 1978 Page 2 Mayor Lozano announced that a proclamation had been issued in his office designating August 1 through 7, 1978 as "NATIONAL CLOWN WEEK." Mayor Lozano called for appointments to Boards and Commissions. City Manager R. Marvin Townsend reviewed the appointees to various boards and commissions hs discussed during the morning Workshop Meeting. Motion by Sample that appointments to the following boards and commissions be confirmed, seconded by Diaz, and passed unanimously: HUMAN RELATIONS COMMISSION: Term to Expire (Appointed by Mayor; confirmed by Council) Doug Norman (Youth Member) 6-14-79 LA RETAMA LIBRARY BOARD: Henry E. Flynt, Jr. 11-5-79 MUNICIPAL ARTS COMMISSION: (Appointed by Mayor; confirmed by Council) Mrs. Alice Sallee 9-1-81 Dennis Robertson 9-1-80 PLANNING COMMISSION: Ben Donnell (Reappointment) 7-31-81 Noe Mendez (Reappointment) 7=31-81 Gene Peeples (Reappointment) 7-31-81 AMBULANCE ADVISORY BOARD: M s. Irvin (Virginia) Brown - City (Reappointment) 8-8-81 Mayor Lozano called for the City Manager's Reports. City Manager Townsend presented the following items and recommended that: a. A public hearing beheld at a Regular Council Meeting at 3:30 p.m. on August 23, 1978, on the following zoning applications: (1) Mr. James Via, Jr.: "R-18" to "AB", located on the west.side of South Staples Street, approximatley 550 feet north of Annapolis Drive. (2) Mr. William B. Ogletree: "A-1" on Lot 4 & "A-2" on Lot 5 to "B-1", located between South Tancahua and South Carancahua Streets, approxi- mately 87 feet north of Agnes Street. (3) Mr. R. K. Howard & Mr. J. W. Wray: "R -1B" to "A-1", located on the east side of Denver Street, approximately 100 feet south of Rossiter Street. Minutes Regular Council Meeting August 2, 1978 Page 3 b. A public hearing be held at 3:30 P.M. during the Regular Council Meeting on August 30, 1978 on the following zoning applications: (1) Mr. S. H. Mayberry: "A-2" to "B-4", located on the northwest corner of Lawrence Drive and Antelope Street. (2) Mr. Obie Neal La Rue: "R -1B" to "R-2", located on the south side of Don Patricio Road, between Amber Drive and Stardust Lane; (3) Diversified Structures, Inc.: "R -1B" to "I-2", located at the northwest corner of South Padre Island Drive and Hendricks Street. c. A replacement electrical panel to control airfield lighting be purchased from ELECTRIC CONSTRUCTION CO., INC., Corpus Christi, on the basis of low bid of $3,773. Bids were received from two firms. d. A replacement track mounted trencher for the Gas Division be purchased from CASE POWER & EQUIPMENT, Corpus Christi, on the basis of low bid of $5,250. Price comparison shows an increase of 57.17% since 1972. Bids were received from 3 firms. e. A replacement trailer mounted tree spade for the Park Division be purchased from VERMEER SALES, INC., San Antonio, on the basis of low bid of $10,550. Bids were received from 3 firms. Price comparison shows an increase of 58% since 1970. f. Heavy equipment for use by various City operations be purchased from the following firms on the basis of low bid meeting specifications: GIRARD MACHINERY & SUPPLY CO., Corpus Christi 1 Carrier Mounted Hydraulic Excavator with Diesel Engine, 4 ft. Boom Extension and Budd Wheels for 'the Street Division 1 Diesel Powered Tractor with loader & backhoe for the Gas Division 1 Self Propelled Vibrating Patching Roller for the Street Division GULFSIDE EQUIPMENT, INC., Corpus Christi 1 Diesel Powered Crawler Tractor with hydraulic sideboom for the Gas Division 1 Diesel Powered Tractor w/Loader and backhoe for the Wastewater Services Division 1 Diesel Powered Tractor w/Loader for the Park Division 1 Diesel Powered Tractor with 3 -point hitch for the Street Division AG -LINE INTERNATIONAL, INC., Corpus Christi ' 1 Diesel Powered Tractor with Loader & Backhoe for the Water Division $ 90,248.20 17,785.04 4,410.98 $112,444.22 $ 21,763.43 18,134.59 10,876.82 7,350.41 $ 58,125.25 $ 17,180.00 GRAND TOTAL - - $187,749.47 Minutes Regular Council Meeting August 2, 1978 Page 4 R. All of the equipment is replacement except the last item which is being purchased to allow the tapping crews to maintain the same level of service when one of the three crews is reassigned to reworking meters. The apparent low bid of $6,689 by Nueces Ford Tractor, Corpus Christi, on the diesel powered tractor with 3 -point hitch for the Street Division did not have the anti -vandalism equipment required by the specifications. Price comparison shows an increase of 50R over previous purchases from 1975-1977. Bids were received from 6 firms. Annual supply contracts be awarded as follows: (1) Janitorial Supplies: CENTURY PAPERS, Corpus Christi Lot I - 9 items of drinking cups, sanitary napkins, toilet tissue and paper wipers $17,764.23 Lot II - 2 items of toilet seat covers and brown kraft paper 740.24 Lot III - 11 items of garbage cans 2,648.23 Lot IV - 16 items of cleaners, disinfectants and floor finish 11,749.50 Lot VI - Oil absorbent 249.48 Lot VIII- Can liners Total - 1,947.53 $35,144.21 C.C. JANITOR SUPPLY COMPANY, Corpus Christi Lot V - Liquid hand soap and pine disinfectant 1,780.00 Lot VII 5 items of sponges, squeegees & sprayers 270.60 Total - - $ 2,050.60 $35,144.21 2,050.60 $ 37,194.81 Prices are subject to fluctuation. Price comparison shows an increase of 3% on Lots I, II, III, IV, VI and VIII and an increase of 13% on Lots V and VII. Bids were received from four firms. (2) 14 items of lubricated plug valves to ESCO SUPPLY, Corpus Christi, on the basis of low bid of $38,860.23. Bids were received from four firms. Price comparison shows an increase of 3.3%. The price is subject to fluctuation. (3) 20 items of mechanical joint gate valves to McALLEN PIPE AND SUPPLY COMPANY, Corpus Christi, on the basis of low bid of $64,536.01. Price comparison shows an increase of 5.21%. Bids were received from 8 firms. (4) 1,305 cubic yards of ready mix concrete to SOUTH TEXAS MATERIALS COMPANY, INC., Corpus Christi, on the basis of only bid received of $44,828.75. A price comparison shows an increase of 13%. (5) 22,929 feet of black and galvanized pipe to PHOENIX SUPPLY, Corpus Christi, on the basis of low bid of $21,782.01. Price shows an increase of 18%. Bids were received from 4 firms. Minutes Regular Council Meeting August 2, 1978 Page 5 (6) 8 items of oxygen, acetylene and nitrogen to BIG THREE INDUSTRIES, Corpus Christi, on the basis of low bid of $3,538.02. Price comparison shows an increase of 8%. Bids were received from 4 firms. (7) Data Processing Cards: BUSINESS SUPPLY CORPORATION OF AMERICA, Austin Lot I - Tab Cards (21 Items) $29,294.55 Lot II - Utility & Collection Bilis (2 items) 2,380.00 TOTAL ---- $31,674.55 Price comparison shows an increase on Lot I of 12% and 2% on Lot II.' Bids were received from 3 firms. The apparent low bid of $29,016.75 on Lot I by Data Documents, Houston, is not recommended because it is subject to fluctuation and is only 1% lower than the firm bid of Business Supply Corporation. (8) Gas Regulators: ROCKWELL INTERNATIONAL, Houston Item 1 - 600 1" House Type Gas Regulators $ 5,790.00 Item 2 - 36 11" Gas Service Regulators 1,378.80 Item 3 - 24 2" Gas Service Regulators 1,492.80 TOTAL ---- $ 8;661.60 A price comparison shows an increase of 2.4%. Bids were received from five firms. The apparent low bid of $7,783.20 submitted by Puffer Sweiven, Inc., Corpus Christi, did not meet various specifications. (9) 7,500 bags of industrial quick set concrete to KAFFIE LUMBER COMPANY, Corpus Christi, on the basis of only bid received in the amount of $15,949.50. Price is subject to fluctuation. Price comparison shows an increase of 27%. (10) 7,500 lineal feet of polyethylene plastic to PHOENIX SUPPLY, Corpus Christi, on the basis of low bid of $2,560.38. A price comparison shows a decrease of 2%. Bids were received from 4 firms. (11) 29,395 black and galvanized malleable fittings to ESCO SUPPLY COMPANY, Corpus Christi on the basis of low bid of $15,058.82. Bids were received from 4 firms. Price comparison shows an increase of 6%. Price is subject to fluctuation. (12) 58 items of radio tubes to LEADER ELECTRONICS SUPPLY, INC., Corpus Christi, on the basis of low bid of $5,827.63. Bids were received from five firms. Price comparison shows a decrease of 13.5%. (13) Rental of 19 portable chemical toilets to SKID -O -CAN, Corpus Christi, on the basis of low bid of $11,137.80. Price comparison shows an increase of 16.6%. Bids were received from 3 firms. (14) Linen and towel service for the fire stations, libraries and airport to SOUTH TEXAS LINEN, Corpus Christi, on the basis of low bid of $8,763. Price comparison shows an increase of 5%. Bids were received from two firms. (15) 118 items of plastic pipe and fittings to COASTAL BEND PIPE AND SUPPLY, Sinton, on the basis of low bid of $14,019.69. Bids were received from 3 firms. Price comparison shows an increase of 9%. Minutes Regular Council Meeting August 2, 1978 Page 6 h. Automotive parts for a six months period for the Transit, Fire Department and Maintenance Services garages be purchased from the following firms: MOTOR PARTS COMPANY, Corpus Christi Lot III - Exhaust System Parts Lot V - Brake Parts Lot IX - Shock Absorbers Lot XIII- Fuel Pumps TOTAL - JOBBERS WAREHOUSE OF CORPUS CHRISTI, CorpUS Cht.isti Lot IV - Clutch Parts Lot VI - Altetnators, Starters and Water Pumps Lot VII- Rubber Products Lot VIII -Hose Clamps Lot XV - Bearings & Seals Lot XVIII -Gaskets TOTAL - HOLLIS NEESE AUTO PARTS, Corpus Christi Lot XI - Windshield Wiper Blades & Refills Lot XII - Caps & Thermostats Lot XVI - Reflectors, Mirrors and Lens ESTIMATED AMOUNT $ 4,000.00 4,800.00 2,600.00 250.00 $11,650.00 $ 2,800.00 6,800.00 1,800.00 300.00 1,050.00 300.00 $13,050.00 $ 1,100.00 250.00 2.500.00 TOTAL - $ 3,850.00 Following the casting of lots on the following items, bid award was recommended to the following companies: HOLLIS NEESE AUTO PARTS, Corpus Christi Lot I - Chassis Parts Lot X - Universal Joints JOBBERS WAREHOUSE OF CORPUS CHRISTI, Corpus Christi Lot II - Miniature & Sealed Beam Lamps Lot XVII- Switches Lot XIV - Wire Sets TOTAL - GRAND TOTAL - 1,150.00 650.00 1,650.00 470.00 2,000.00 $ 5,920.00 $34,470.00 (Other companies submitting identical bids are as follows: Jobbers Ware- house on Lot I; Hollis Neese Auto Parts on Lot II; Jobbers Warehouse on Lot X; Motor Parts Co. on Lot XIV; and Motor Parts Co. on Lot XVII.) Prices are subject to fluctuation. Bids were received from five firms. Low bids were determined by sample purchases on the basis of price, lists and discounts bid by the various companies. It is estimated that a 5% savings is achieved by taking competitive bids. i. 12,826 lamps of various sizes (annual supply) be purchased through a cooperative bid with the Corpus Christi Independent School District. The district will receive bids with the City reserving the right to accept or reject. Combining the requirements should create more competition and lower bide because of the quantities involved. The recommendation of the Traffic Safety Advisory Board be approved to prohibit parking from 9:00 A.M. to 3:00 P.M. school days only on Battlin Buc Drive, from Mestina to Up River Road and Up River Road, from Palm Drive to a point approximately 850 feet west of Battlin Buc Boulevard. This request originated with the Miller High School principal and is directed at increasing student safety. J• k. An agreement with Southern Pacific Transportation Company be approved granting the City the right to construct and maintain a 6" sanitary sewer line under the Company's railroad tracks in the North Mesquite -Hirsch Street area to serve the Corpus Christi Public Compress Warehouse. The line was constructed recently at the request of the Compress and at their cost. Minutes Regular Council Meeting August 2, 1978 Page 7 1. 2 -six person and 14 -four person bus shelters for the following locations be purchased from HANDI-HUT Passaic, New Jersey on the basis of low bid of $20,266. Tancahua Street at Agnes Street Horne Road at Chula Vista Street Alameda Street at Doddridge Drive Morgan Street at Staples Street (6 person) Santa Fe at Morgan Street Staples Street at Bradshaw Street Prescott Street at Gollihar Road Morgan Street at Old Brownsville Road Horne Road at Prescott Street Staples Street at the Ray High School Gym (6 persons) Staples Street at Annapolis Street Alameda Street at Glazebrook Greenwood Drive at Soledad Street Port Avenue at Alamo Street Ocean Drive at the Dixie Shore Motel Corpus Christi State University These shelters are included in the 1976 Capital Grant from the Urban Mass Transportation Administration and will be paid for 80% by the Federal Govern- ment, 13% by the State and 7% by the City. Bids were received from 3 firms. m. A contract be awarded to Connecticut General Life Insurance Company, Houston, for employee group life and health insurance on the basis of low bid meeting specifications of an estimated annual premium of $1,804,015.32. The apparent low bid of Blue Cross -Blue Shield of $1,785,768.24 did not meet various specifications. Bids were received from four firms. Price comparison shows no increase on the premium for life and accidental death insurance and a .9% decrease on medical premiums from the 16% increase on July 1, 1978. Medical insurance premiums before the 16% increase were $21.33 per month for employee and $46.52 per month for dependent coverage. The new premiums will be $24.52 per month for employee and $53.49 per month for dependent coverage. The City pays all but $1 of the cost of employee coverage and $3.82 per month towards the coat of dependent coverage. The policycontains the following new provisions: Removal of the provision that only employees carrying dependent coverage are eligible for maternity benefits. Simplification of maternity benefits by providing a lump sum payment of $200 for hospital and obstetrical charges and allowing complications resulting from pregnancy to be treated as any other illness rather than requiring a deductible of $1,000 before additional benefits are paid. Increase of the lifetime limit for major medical benefits from $50,000 to $100,000. Addition of a Medicare supplement allowing employees who are 65 and older to maintain their present group coverage in coordination with Medicare benefits. The following alternate bide were taken but are not recommended: (1) Increase the lifetime limit for major medical benefits to $75,000 instead of $100,000. The cost of going to $100,000 is only $1,292 more than going to $75,000. (2) A reduction in the major medical from $200 to $100 per individual and from $600 to $300 per family and increasing the comprehensive maternity benefits from $200 to $400. The additional cost of this alternate is $127,944. 0, r:, Minutes Regular Council Meeting August 2, 1978 Page 8 n. The Compensation Plan be amended to: (1) Provide a 7% cost of living increase to all employees except fire and police, effective at the start of the pay period, July 31, 1978. (2) Establish the following positions: Title Grade Water Supply Superintendent 31 Assistant Airport Manager 28 Physician's Assistant 27 Airport Supervisor 22• Plant Supervisor I 18 Plant Operator III 16 Plant Operator II 14 Plant Operator I 12 Trainee IV 17 (3) Delete the following positions: Production and Supply Superintendent 31 Medical Technician 24 (4) Reclassify the following positions: (a) Assistant General Superintendent, Wastewater (b) Senior Dispatcher (c) Computer Operator II (d) Computer Operator III (e) Sanitarian I to Compliance Investigator Grade 32 to 33 Grade 22 to 24 Grade 19 to 21 Grade 21 to 23 Grade 26 (f) Input -Output Control Supervisor Grade 21 to 23 (5) Include Grades 23 and 24 in salary schedule B to allow further recognition of exceptional performance and current labor market conditions. (6) Include Grades 18 and 19 in the section which allows advancement in salary based upon outstanding performance and labor market condi- tions for no more than two steps in advance of where he would other- wise be because of longevity. This section previously included Grades 20 through 24. (7) Provide the authority to grant one step advancement to recognize exceptional performance and current labor market conditions. There has previously been no provision for such advancement. (8) Provide for more accurate reporting of overtime by allowing overtime to be reported to the nearest quarter hour. (9) Establish provisions to clarify when overtime begins for employees working 12 -hour rotating shifts. Minutes Regular Council Meeting August 2, 1978 Page 9 City Manager Townsend stated that another ordinance will be on the agenda in the future authorizing changes in the compensation ordinance. He referred in particular to sections (5), (6), and (7) of Item "n" and explained that approval of these will allow for merit increases for employees who have demonstrated out- standing performance. He informed the Council that at the present time, the City has no method of recognizing outstanding employees and assured them that when a merit increase is approved, it will have to be approved by the department head and thoroughly documented. Mr. Townsend stated that this matter has been dis- cussed with the department heads, and they feel that the policy can be handled without being abused. Mayor Pro Tem Gulley inquired about the funding required for salary increases not included in the budget, and City Manager Townsend replied that the source of the funds will be from salary balances. Council Member Diaz suggested that some definite criteria be followed to determine whether or not each employee is qualified for a merit increase. City Manager Townsend assured him that this will be based on outstanding performance. Council Member Diaz requested that the Council be provided with a report on the type of performance required by employees who are granted a merit increase. Mr. Townsend assured him that he will provide reports for the Council on the first few employees who are given a merit raise. Mayor Pro Tem Gulley inquired as to the number%f'new positions included in the budget, and City Manager Townsend asked Mr. Mark Gresham, Budget Director, to explain. Mr. Gresham stated that 19 new positions were included in the original budget; 4 existing positions were deleted; and the net impact is that 5 new posi- tions are included in the budget for the next fiscal year. Mayor Pro Tem Gulley inquired about the cost of the 7% salary increase, and City Manager Townsend replied that the total cost is approximately $2.4 million. o. 17,000' of 1" bare steel pipe be purchased from L. B. Foster Company of Houston for $6,817.27, and the coating and wrapping from Armor Cote Corporation of Corpus Christi for $2,747.20. The low bidder on 1" pipe last week, Gensco, Inc., will not be able to deliver pipe until the end of this month or the first part of September. The City's warehouse is out of 1" pipe; and thus, this purchase is recommended from the second low bidder. L. B. Foster Company has the pipe in stock. Minutes Regular Council Meeting August 2, 1978 Page 10 p. The 1100 through 1600 blocks on North Shoreline be closed to vehicular traffic from 8:00 a.m., Saturday, September 23 to 12:00 noon, Wednesday, October 4, 1978, so that Bayfest '78 can be celebrated. This event will be sponsored jointly by the Junior League of Corpus Christi and the Corpus Christi Arts Council. Bayfest will be held on Friday, September 29 through Sunday, October 1, 1978. The property owners facing North Shoreline Boulevard within the Bayfest '78 site have been contacted and offer no opposition. q. A grant application for a pavement marking demonstration project be submitted to the State Department of Highways and Public Transportation, for install- ation of semi permanent roadway marking materials on fifteen city streets to make traffic, turning and parking lane markings more visible, particularly under dark and wet conditions. The streets to be marked include portions of. Ayers, Baldwin,Doddridge, Ennis Joslin, Everhart, Holly, Kostoryz, Leopard, Morgan, Ocean Drive, Port, Staples, Third and Weber. The cost (up to $630,000 if all approved) will be paid by the Federal government. r. A grant application be submitted to the Coastal Bend Council of Governments for $53,132 to continue to provide support services to Senior Community Services participants for 12 months, beginning August 1, 1978. The City will contribute $14,459 which is included in the proposed 1978-79 Budget. The grant includes 4 center managers, a bus operator and a janitor (Robstown), and operation of the Lindale, Greenwood and Washington Centers and the Wayside meal site. s. That the Title II and Title VI worksite agreements With 19 public and non-profit community agencies be modified to reclassify 29 temporary Administrative Aide (Grade 18) positions and 3 temporary Counselor I (Grade 18) positions to temporary Trainee IV (Grade 17). The proposed reclassifications would provide for a general salary increase for existing CETA employees stationed at worksites without exceeding the $10,000 maximum salary limitation allowable under existing Title II and Title VI grants. t. The milk inspection fee revision ordinance be tabled until 0ctobhr 4, 1978 to review legislation which might be submitted to the 1979 session of the State Legislature and comments from local industry representatives regarding the cost of collection, u. The vital statistic fee ordinance be tabled until August 9, 1978 for further review of the relationship of fees to total cost. City Manager Townsend stated that the staff is recommending that this ordinance be withdrawn because some changes are necessary. Mayor Lozano called for questions from the Council on the City Manager's Reports. Council Member Gill referred to Item "c", recommending purchase of a replacement electrical panel to control airfield lighting, and inquired if this is an emergency item or a budgeted item. City Manager Townsend informed her that it is an emergency item. ham. utes Regular Council Meeting August 2, 1978 Page 11 Council Member Gill referred to Item "g (7)" concerning Utility data pro- cessing cards and asked if the ones to be purchased will be acceptable according to the new regulations of the post office, since that entity is limiting the size that they will accept. City Manager Townsend replied that this matter will be discussed with the post office and the size changed if necessary. In regard to Item "1", Council Member Gill inquired as to whether or not the bus shelters to be installed will be in compliance with the tie -down ordinance. Mr. Townsend assured her that they will be. Council Member Gill requested that the Council discuss the possible need for senior citizen services in the Calallen-Annaville area and asked that the staff provide a report as to whether or not there are a sufficient number of senior citizens in that area to warrant an additional center. Council Member Holt inquired of Mrs. Gill if she was speaking in particu- lar of the possible rehabilitation of the old Hilltop Hospital. Council Member Gill stated that either that building or another location could be considered. City Manager Townsend expressed the opinion that any discussion of an additional center would include consideration of Hilltop Hospital. The Council indicated their concurrence with Council Member Gill's request. Council Member Holt referred to Item "t" concerning the milk inspection fee which may be conducted in the future by the State and inquired about the impact on the City's budget. Mr. Gresham informed him that if this operation is assumed by the State, the savings realized by the City would be from 12 to 15 thousand dollars. Mayor Lozano called for comments from the audience on the City Manager's Reports. Mr. Arthur Talarico, representative of Blue Cross -Blue Shield Insurance Company, spoke in regard to Item "m" and requested that award of contract not be made to Connecticut General Life Insurance Company. He introduced Ms. Karen Etheredge of his company who made a presentation in regard to their company's bid. Ms. Etheredge informed the Council that approximately 29 companies were sent invitations to bid on the City's hospitalization plan, and only 4 responded. Minutes Regular Council Meeting August 2, 1978 Page 12 She contended that specifications can be written so that few insurance companies can bid. Ms. Etheredge stated that Blue Cross -Blue Shield is one of the few com- panies that does not require purchase of life insurance when hospitalization is purchased and pointed out that although Blue Cross -Blue Shield had varied from the specifications in their bid, in most cases, such variations were to the bene- fit of the employee and his family. She also stated that award of bid to Blue Cross -Blue Shield would provide a savings of $18,247.08 for the City. Ms. Etheredge continued her presentation by explaining her company's benefits, the method of paying claims, the simple procedure by which insured may file claims, and informed the Council that their local office employs 17 employees, one of whom will be assigned to work with the City and any employee desiring assistance in connection with hospitalization. Speaking on this same matter was Mr. Nick Porris, representative of Connecticut General Life Insurance Company. Mr. Porris informed the Council that the City developed their specifications for insurance coverage for employees about 12 years ago; his company bid according to the City specifications which called for a basic insurance plan with major medical attached. He stated that if the City had included the comprehensive plan in their specifications, then his company could have submitted the same type of bid that Blue Cross -Blue Shield did. Mr. Porris pointed out that his company had submitted their bid, which was in compliance with the City specifications, and stated that to his knowledge, this is the first time a complaint in regard to the specifications has been made by any insurance company. Mayor Pro Tem Gulley asked for staff comments in regard to the award of contract. Mr. Chuck Speed, Director of Personnel, referred to his memorandum dated August 1, 1978, which summarized the staff's recommendation for award of contract to Connecticut General, and stated that it was the consensus of the staff commit- tee studying the bids that the contract should be awarded to Connecticut General because basic coverage was offered with major medical attached. He explained that following a survey of the City's insurance claims, it was determined that a large percentage of the employees' claims were small ones which were covered under the basic medical plan. Minutes Regular Council Meeting August 2, 1978 Page 13 Mayor Pro Tem Gulley agreed that companies should submit bids in compliance with specifications. City Manager Townsend assured the Council that the specifications were developed by the City's staff and committee, not by an insurance company. Council Member Holt inquired of Mr. Talarico if Blue Cross -Blue Shield could have submitted a bid in accordance with the specifications, and Mr. Talarico admitted that they could. Speaking on another matter was Mr. Mike Zepeda, Business Agent for the Corpus Christi Public Employees Local 3042 of the American Federation of State, County and Municipal Employees, AFL-CIO, who expressed disappointment in the percentage of salary increases approved for City employees and also expressed concern about the increase in cost of insurance. He contended that most employees will be unable to pay for dependent coverage with the small salary increase recommended. In regard to the recommended salary increases, City Manager Townsend pointed out that fire and police had been omitted from the recommended 7% increase because new contracts have not yet been approved by them. He also reminded the Council that there is nothing automatic about retroactive salary increases for fire and police and stated that until contracts with both groups have been agreed upon, they will continue under the existing contract. In reply to Mr. Zepeda's statement, Mayor Lozano informed him that the City has a limited amount of funds, and the Council and staff had approved as large a salary increase as possible for City employees. No one else spoke in regard to the City Manager's Reports. Council Member Diaz indicated that he would move to accept the City Mana- ger's Reports, but suggested that a knowledgeable committee be appointed to study the City's entire insurance program before bids are taken next year. Mr. Speed stated that the normal review period would begin in January, and Mr. Townsend indicated that this could be done. City Manager Townsend informed the Council that Items "t" and "u", which recommend that two ordinances be tabled, will require a separate motion for approval. Minutes Regular Council Meeting August 2, 1978 Page 14 Motion by Sample that the City Manager's Reports, Items "a" through "s," be accepted; seconded by Diaz; and passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt and Sample voting "Aye" on all of the items; Juarez voting "Aye" on all of the items with the exception of Items "g" and "h", on which he abstained due to a conflict of interest. Motion by Diaz that Items "t" and "u" be accepted, seconded by Holt, and passed unanimously. Mayor Lozano called for the ordinances. City Manager Townsend briefly explained the ordinances and noted that a motion was needed to amend the ordinance concerning the green fees for senior citizens. Motion by Holt, seconded by Sample, and passed unanimously, that the ordi- nance amending Section 36-2 of Chapter 36 of the Corpus Christi City Code, 1976 Revision, proposing to establish new green fees schedule for the Oso Municipal Golf Course, read on the first of three readings by the City Council on July 26, 1978, be amended prior to its second reading as follows: A. Amending the provision concerning Senior Citizens, under Schedule of Green Fees (Daily) and Schedule of Green Fees (Monthly Cards), so as to allow only permanent residents of Corpus Christi over 65 years of age to take advantage of reduced Monday through Friday fees. B. Amend the ordinance to add another paragraph to Section 36-2 to here- after read as follows: "Senior citizens may prove their permanent residency with either a valid driver's license or voter's registration certificate." Council Member Gill questioned the increased registration fees for soft- ball teams, both for regular team play and for tournament play. City Manager Townsend presented a memorandum in regard to this subject and agreed that there may be a question as to whether or not the increased fees for tournament play might reduce the number of out-of-town teams that would partici- pate in tournaments here in the City. Council Member Gill stated that she would like to have these fees studied further prior to the third reading of the ordinance. City Manager Townsend agreed that this could be done. Mrs. Gill noted that this matter is on the agenda for discussion before the Park Board at their meeting scheduled for Thursday. Minutes Regular Council Meeting August 2, 1978 Page 15 City Manager Townsend agreed that the $80 tournament fee might present a problem and stated that reports will be provided the Council from the staff and the Park Board in regard to this. Mayor Lozano called for comments from the audience on the ordinances. Mr. Bill Eder, former supervisor of the Tax Office of Texas Employment Commission, addressed the Council in regard to the tax decrease and the increases in fees. Mr. Eder expressed the opinion that the Country is in the midst of a tax revolt and indicated that the tax decreased approved by the Council is mean- ingless in view of the increase for garbage pickup. As an example, Mr. Eder pointed out that a property owner of a $20,000 house will only realize a savings of $12.50 from the tax decrease, whereas, their garbage rates will be increased $15.60. He contended that citizens in a low-income bracket will receive no bene- fit from the tax cut. Mr. Eder agreed with the increases in fees for users of selective services, but not essential services. Mayor Pro Tem Gulley referred to the Council's previous recommendation that the tax rate be decreased 16.6%, at which time it was proposed that the garbage rates be raised to $4.00. He stated that since the tax decrease has been decreased, he felt that the increase in garbage rates should be reduced accordingly. Council Member Sample stated that it was his understanding that the garbage rate was to be increased to $3.50 and asked when it was changed to $4.00. Mayor Pro Tem Gulley replied that the City Manager recommended the $3.50 rate and later the recommendation was changed to $4.00. Council Member Holt stated that this was done in an effort to make the Sanitation Department self supporting. Also speaking in regard to the ordinance increasing the garbage rates was Mr. Clifford Cosgrove, 3302 Olsen, who agreed that the garbage rate increase is excessive. Mr. Rudy R. Trevino, 4726 Rogerson, spoke as a representative of the soft- ball teams and expressed opposition to the increased fees for summer and winter league play, indicating that he felt that the fee involved is too high for teams that have no sponsors. Mr. Trevino suggested that if the fees have to be increased, they be more reasonable than those under discussion. Minutes Regular Council Meeting August 2, 1978 Page 16 Council Member Holt suggested to Mr. Trevino that he attend the Park Board meeting scheduled for 5:30 p.m. Thursday and that he bring as many softball players as possible with him to make the Board aware of their feelings about the proposed charges. City Manager Townsend pointed out that the Park Board had not recommended these fee changes and that they were recommended by the staff to offset the costs incurred for different athletic activities. He stated that the Park Board may make other recommendations to decrease expenses. Mayor Lozano suggested to Mr. Trevino that perhaps something could be worked out whereby the softball players could perform some of the duties that are associated with league play. City Manager Townsend assured Mr. Trevino that the ordinance will not be read for the third and final time until next week, and the Park Board will have an opportunity to present recommendations prior to that time. Council Member Gill also suggested that he attempt to have other repre— sentatives of the softball teams appear at the meeting of the Park Board to express their opinions. Also expressing opposition to the increase in softball fees was Mr. Nick Keetchner, 3538 Lawnview. He stated that he appreciates the Council's attempt to decrease taxes but objects to the increase in garbage rates and the increased fees for softball teams. Mr. Keetchner pointed out that many citizens use the parks and do not have to pay for the maintenance of them. He suggested that the Council moderate the suggested fee increase and agreed that softball team members could assist with the scorekeeping, play ball with fewer umpires, and help with other required duties. City Manager Townsend agreed that Mr. Keetchner had made a good point because the'costs have increased because the paid staff has been increased. Council Member Gill also suggested to Mr. Keetchner that he attend the Park Board'meeting on Thursday to discuss the matter. There being no further discussion on the ordinances, City Secretary Read polled the Council for their votes, and the following ordinances were approved: Minutes Regular Council Meeting August 2, 1978 Page 17 FIRST READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, AND PARTICULARLY AMENDING SECTION 53-253, "STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS", BY ADDING THERETO ITEMS WHICH WILL HAVE THE EFFECT OF PROHIBITING STOPPING, STANDING OR PARKING DURING CERTAIN HOURS ON BATTLIN' BUC BLVD., BETWEEN MESTINA STREET AND UP RIVER ROAD (BOTH SIDES) AND UP RIVER ROAD, FROM PALM DRIVE TO A POINT APPROXIMATELY 850 FEET WEST OF BATTLIN' BUC BLVD. (BOTH SIDES); PROVIDING FOR PUBLICATION; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". FIRST READING: FINDING THAT THE BAYFEST '78 ON SEPTEMBER 29 THROUGH OCTOBER 1, 1978 IS IN THE INTEREST OF THE PUBLIC WELFARE; CLOSING THE 1100 THROUGH 1600 BLOCKS OF NORTH SHORELINE TO VEHICULAR TRAFFIC FROM 8:00 A.M., SATURDAY, SEPTEMBER 23, 1978 TO 12:00 NOON, WEDNESDAY, OCTOBER 4, 1978, FOR SAID BAYFEST CO-SPONSORED BY THE JUNIOR LEAGUE OF CORPUS CHRISTI, TEXAS AND THE CORPUS CHRISTI ARTS COUNCIL; PROVIDING FOR BARRICADES AND EMERGENCY VEHICLE ENTRANCE; PROVIDING FOR LIABILITY INSURANCE, RESTORATION OF DAMAGED CITY PROPERTY, APPROVAL OF THE ENGINEERING & PHYSICAL DEVELOPMENT DIRECTOR AND THE COMMUNITY ENRICHMENT DIRECTOR FOR CERTAIN CHANGES, REQUIRING PERMITS FOR BEER AND FOOD, COMPLIANCE WITH CITY CODES AND AND PROHIBITING CERTAIN PAVEMENT MARKINGS AND REQUIRING THE SPONSORS TO RESTORE THE AREA FOR USE FOR VEHICULAR TRAFFIC; AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED APPLICATION PERMIT; PROVIDING AN EFFECTIVE DATE FOR PUBLICATION; PROVIDING FOR SEVERANCE. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY ADDING THERETO TWO ITEMS WHICH WILL PROHIBIT PARKING AT ALL TIMES ON PRINSTON DRIVE, BOTH SIDES, FROM MT. VERNON DRIVE TO THE WEST BOUND FRONTAGE ROAD OF SOUTH PADRE ISLAND DRIVE; AND HOLMES DRIVE, BOTH SIDES, FROM MT. VERNON DRIVE TO THE WEST BOUND FRONTAGE ROAD OF SOUTH PADRE ISLAND DRIVE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: ADOPTING THE NATIONAL ELECTRICAL CODE, 1978 EDITION; MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OTHERWISE PROVIDED; ESTABLISHING INSPECTION PERMIT FEES; ESTABLISHING' INSPECTION DUTIES AND AUTHORITY; ADOPTING CERTAIN OTHER REGULATIONS; PROVIDING PENALTIES FOR VIOLATION; REPEALING ORDINANCE NO. 12570 AND SECTIONS 13-90 THROUGH 13-136 OF THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976, AS AMENDED; PROVIDING FOR PUB- LICATION; PROVIDING FOR AN EFFECTIVE DATE FROM AND AFTER SEPTEMBER 1, 1978. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt; Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 2, 1978 Page 18 SECOND READING: AMENDING SECTIONS 21-18, 21-19, 21-20, 21-21, AND 21-21.1 OF THE CORPUS CHRISTI CITY CODE, 1976, BY AMENDING THE CHARGES FOR SERVICE FOR GARBAGE COLLECTION TO PROVIDE FOR AN INCREASE EFFECTIVE WITH THE BILLINGS OF CYCLE ONE FOR THE MONTH OF SEPTEMBER, 1978; PROVIDING A SEVERANCE CLAUSE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, and Sample voting "Aye"; Juarez voting "Nay". SECOND READING: AMENDING ORDINANCE NO. 12604 ADOPTING THE SOUTHERN STANDARD BUILDING CODE, 1973 EDITION, AND THE 1974 REVISION THERETO; PROVIDING FOR AN INCREASE IN FEES FOR ONE AND TWO FAMILY DWELLING PERMITS. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 EDITION, BY AMENDING SECTION 6-74, REDEMPTION OF IMPOUNDED ANIMALS OR FOWLS, SO AS TO INCREASE THE FEES FOR IMPOUNDMENT AND OBSERVATION AND TO CHARGE BOARDING FEE FOR DOGS AND LIVESTOCK; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: ESTABLISHING A FEE FOR DUPLICATION OF IMMUNIZATION RECORDS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". SECOND READING: ESTABLISHING SECTION 36-8, TITLED "ATHLETIC LEAGUE TEAM FEES" IN THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Holt, and Sample voting "Aye"; Diaz and Juarez, "Nay"; Gill, abstaining. SECOND READING: AMENDING SECTION 36-5, AS AMENDED, SO AS TO ESTABLISH NEW TENNIS COURTS RATES SCHEDULES FOR USE OF TENNIS COURTS AT THE H.E. BUTT TENNIS CENTER AND SOUTH BLUFF PARK; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Holt, and Sample voting "Aye"; Diaz and Juarez, "Nay"; Gill, "abstaining". SECOND READING: ESTABLISHING SECTION 36-7 TITLED "SWIMMING FEES" IN THE CORPUS CHRISTI CITY CODE, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by t allowing vote: Lozano, Gulley, Holt, and Sample voting "Aye"; Diaz and Jua; Nay"; Gill, "abstaining". Minutes Regular Council Meeting August 2, 1978 Page 19 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 REGULATIONS"; INCREASING SLIP RATES TO FOUR CENTS (40 PER SQUARE FOOT; SPECIFICALLY AMENDING ORDINANCE NO. 13889, SECTION 1, PARAGRAPH (2), (a) THROUGH (g), PASSED AND APPROVED BY THE CITY COUNCIL ON AUGUST 17, 1977; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". SECOND READING: AMENDING SECTION 36-2 OF CHAPTER 36 OF /HE CORPUS CHRISTI CITY CODE, 1976 REVISION, AS AMENDED BY ORDINANCE NO. 12942, PASSED AND APPROVED BY THE CITY COUNCIL ON DECEMBER 17, 1975, AND AS AMENDED BY ORDINANCE NO. 11537 PASSED AND APPROVED BY THE CITY COUNCIL ON JUNE 20, 1973, BY AMENDING SECTION 36-2, GREENS FEES SCHEDULE, SO AS TO ESTABLISH A NEW GREEN FEES SCHEDULE FOR THE OSO MUNICIPAL GOLF COURSE, AND TO ELIMINATE THE TIME RESTRICTIONS ON STUDENT GOLFERS TO ALLOW THEM TO PLAY ANYTIME FROM MONDAY THROUGH FRIDAY AT REDUCED STUDENT RATES; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting, "Aye". ORDINANCE NO. 14406: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SOUTHERN PACIFIC TRANS- PORTATION COMPANY GRANTING THE CITY THE RIGHT TO CONSTRUCT, RECONSTRUCT, MAINTAIN, AND OPERATE A 6 -INCH SANITARY SEWER LINE CROSSING THE CENTER LINE OF SOUTHERN PACIFIC TRANSPORTATION COMPANY'S RAILROAD TRACKS AT ENGINEER'S STATION 4624+45, MILE POST 148.54, IN THE NORTH MESQUITE-HIRSCH STREET AREA, ALL AS MORE FULLY SET FORTH IN THE INDENTURE, 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 passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14407: AUTHORIZING THE PURCHASE OF FOURTEEN FOUR -PERSON BUS SHELTERS AND TWO SIX -PERSON BUS SHELTERS FROM HANDI-HUT, INC. AS PROVIDED IN THE"1976 UMTA CAPITAL GRANT PROJECT NO. TX -05-0014 FOR $20,266; APPROPRIATING OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT 218-72-3, TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1976), AN AMOUNT OF $20,266 FOR THE SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14408: AMENDING ORDINANCE NO. 3658, AS AMENDED, BY AMENDING SECTION 200, ADMINISTRATION AND MAINTENANCE OF THE CLASSIFICATION PLAN, BY AMENDING SUBSECTION 203 SO AS TO PROVIDE A MORE CONSISTENT PROCEDURE FOR REVIEW OF POSITION RECLASSIFICATIONS INVOLVING TITLE AND/OR SALARY CHANGES; 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; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". Minutes Regular Council Meeting August 2, 1978 Page 20 ORDINANCE NO. 14409; AMENDING ORDINANCE NO. 8127, AS AMENDED, BY AMENDING SUBSECTION 501, AS AMENDED, BY SUBSTITUTING THE SALARY SCHEDULES ATTACHED HERETO TO PROVIDE FOR A COST OF LIVING INCREASE TO ALL EMPLOYEES EXCEPT FIRE AND POLICE; 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 550, ADMINISTRATION OF THE COMPENSATION PLAN, BY AMENDING SUBSECTION 552.7 SO AS TO PROVIDE FOR ADVANCEMENT IN SALARY IN RECOGNITION OF EXCEPTIONAL PERFORMANCE AND CURRENT LABOR MARKET CONDITIONS OF GRADES 23 AND 24, BY AMENDING SUBSECTION 552.8 SO AS TO PROVIDE FOR ADVANCEMENT IN SALARY IN RECOGNITION OF EXCEPTIONAL PERFORMANCE AND CURRENT LABOR MARKET CONDITIONS OF GRADES 18 THROUGH 22, AND BY ADDING SUBSECTION 552.8.1 SO AS TO PROVIDE FOR ADVANCEMENT INSALARY IN RECOGNITION OF EXCEPTIONAL ' PERFORMANCE AND CURRENT LABOR MARKET CONDITIONS OF GRADES 17 AND BELOW; AMENDING SECTION 800, OVERTIME COMPENSATION, BY AMENDING SUBSECTION 801 TO PROVIDE FOR ALLOWING OVERTIME TO BE REPORTED TO THE NEAREST QUARTER HOUR; ADDING SUBSECTION 805 TO ESTABLISH PROVISIONS FOR PAYING AUTHORIZED OVERTIME TO EMPLOYEES WORKING 12 -HOUR ROTATING SHIFTS; PROVIDING A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Holt, Juarez, and Sample voting "Aye"; Gill voting "Nay". ORDINANCE NO. 14410: AUTHORIZING SUBMISSION OF A GRANT APPLICATION FOR A PAVEMENT MARKING DEMONSTRATION PROJECT TO THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR THE INSTALLATION OF SEMI PERMANENT ROADWAY MARKING MATERIALS ON FIFTEEN CITY STREETS, ALL AS MORE FULLY SET FORTH IN THE GRANT APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY AGREEMENTS WITH THE STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION PROVIDING FOR THE DEVELOPMENT AND COMPLETION OF SAID PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". ORDINANCE NO. 14411: AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR PROJECT GRANT IN THE AMOUNT OF $53,132 TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR THE CONTINUATION OF THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM THE PROJECT YEAR WILL BEGIN AUGUST 1, 1978, TO JULY 31, 1979, ALL AS MORE FULLY SET FORTH IN THE APPLICATION, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ALL RELATED AND NECESSARY DOCUMENTS REQUIRED IN THE IMPLEMENTATION, ADMINISTRATION AND CONTINUATION OF THE AFORESAID PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez, and Sample voting "Aye". Minutes Regular Council Meeting August 2, 1978 Page 21 ORDINANCE NO. 14412: • AUTHORIZING AND DIRECTING THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI TO EXECUTE CONTRACTS BETWEEN THE CITY OF CORPUS CHRISTI AND THE FOLLOWING: 1. H.E.R. DEVELOPMENT COMPANY, OWNER OF CASTLE RIVER UNIT 2; 2. GUY ALEXANDER, WILLIAM D. WALLOCK AND PHILIP M. WALLOCK, OWNERS OF CLUB ESTATES -SOUTH; AND 3. TUCKER PROPERTIES, A PARTNERSHIP, OWNERS OF CLUB ESTATES UNIT 3, A TRUE COPY OF EACH CONTRACT BEING ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBITS "A", "B", AND "C", RESPECTIVELY, AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER DUE NOTICE AND HEARING, FOR THE ANNEXATION OF THREE (3) TRACTS OF LAND, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LANDS TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14413: ANNEXING THE FOLLOWING TRACTS OF LAND: 1. CASTLE RIVER UNIT 2, 2. CLUB ESTATES SOUTH, AND 3. CLUB ESTATES UNIT 3, IN NUECES COUNTY, TEXAS, MORE FULLY DESCRIBED HEREINAFTER, PURSUANT TO ARTICLE 970a, V.A.C.S., TEXAS, AS AMENDED, AND CITY CHARTER, ARTICLE I, SECTION 2(b); PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Lozano, Gulley, Diaz, Gill, Holt, Juarez and Sample voting "Aye". ORDINANCE NO. 14414: CLOSING A PORTION OF STREETS AS SHOWN ON "MAP OF PORTION OF THE CITY OF CORPUS CHRISI, NUECES COUNTY, TEXAS SHOWING LANDS RECLAIMED BY THE BAYFRONT PROTECTION WORK" AS RECORDED IN VOL. 9, PAGES 38 THRU 41, MAP RECORDS OF NUECES COUNTY, TEXAS, DESCRIBED AS FOLLOWS, AND DECLARING AN EMERGENCY. 1. THAT PORTION OF NORTH WATER STREET FROM THE NORTH RIGHT-OF-WAY LINE OF HUGHES STREET TO THE NORTH RIGHT-OF-WAY LINE OF HIRSCH STREET, AND; 2. THAT PORTION OF BREWSTER STREET FROM THE EAST RIGHT-OF-WAY LINE OF NORTH CHAPARRAL STREET TO THE WEST RIGHT-OF-WAY LINE OF THE EAST LANE OF NORTH SHORELINE BOULEVARD AND; 3. THAT PORTION OF THE WEST DRIVE (60 FEET WIDE) OF NORTH SHORELINE BOULEVARD FROM THE NORTH RIGHT-OF-WAY LINE OF HUGHES STREET TO THE SOUTH RIGHT-OF-WAY LINE OF BREWSTER STREET. Mayor Lozano called for petitions or information from the audience on matters not scheduled on the agenda. City Manager Townsend noted that Mr. Harrell Browning, attorney represent- ing Alamo Express, Inc., was prepared to address the Council at this time and suggested that since this matter was listed as a discussion item on the Workshop agenda, that he provide background information before Mr. Browning speaks. Minutes Regular Council Meeting August 2, 1978 Page 22 City Manager Townsend explained that there is a question concerning the curb cuts at the Alamo Express property on Nueces Bay Boulevard in connection with the street improvements currently under construction. He informed the Council that the contractor is ready to begin the reconstruction near the Alamo Express property. Mr. Townsend referred to the paving assessment hearing conducted on May 3, 1978, at which time the owner of Alamo Express objected to the planned curb in front of his property. He stated that the City's routine plan for street construction requires the construction of certain width driveways and curbs, and the Alamo Express owner has requested that no curbs be constructed in front of his property to allow the continued movement of trucks into the dock area of the company. City Manager Townsend pointed out that the elimination of curbs from the planned construction will require Council approval. He stated that Alamo Express has offered to sign a hold harmless agreement to assure that the company will pay for any damages that might result if curbs are eliminated from the plans. Mr. Townsend stated that a number of meetings have been conducted between the staff and representatives of this company, and the staff recommends that the curbs be installed. Mr. Harrell Z. Browning, Attorney for Alamo Express, Inc., addressed the Council in regard to this matter and stated that this company has been in operation in the same location on Nueces Bay Boulevard for 26 years. He contended that if curbs and gutters are installed in front of their property, their operation will be placed in jeopardy. Mr. Browning pointed out that they have had no accidents or problems associated with the truck movement from Nueces Bay Boulevard. He stated that the street has been annexed by the City, but the company is outside the City limits. Mr. Browning continued by stating that the installation of curbs and gutters will block the company's egress and ingress from their property. He indicated that he realized that the City has a policy, but variations have been allowed. Mr. Browning asked that the City consider the fact that the planned curbs and gutters will destroy a large company that has a large payroll; the value of their property will be decreased; and they further contend that there is the pos- sibility that some of their property will be taken if the curbs are installed. Minutes Regular Council Meeting August 2, 1978 Page 23 Mr. Browning informed the Council that the company just wants to be allowed to continue the operation of their business; they desire to have their driveway where it is; and they have agreed to the hold harmless plan whereby the company will pay any costscaused by an accident that may occur because no curbs and gutters are located there. He also assured the Council that if at a later date, the City determines that the curbs, gutters and sidewalks should be installed, they will be installed at the expense of Alamo Express, Inc. Mr. Browning also informed the Council that the company's insurance company has agreed to the hold harmless agreement because they feel that the company's operation will be safer without the installation of curbs and gutters. City Manager Townsend pointed out that the company actually wants a driveway cut for almost the entire width of their dock with curbs to be installed on a small portion at each end. Mr. James K. Lontos, Director of Engineering and Physical Development, stated that the company's requested plans would be in compliance with the City's standard construction specifications, but the driveway they want will be much wider than ever allowed by the City. Mr. Browning noted that the location under discussion is in a heavy industrial area and questioned the need for curbs, gutters and sidewalks, since this is not a residential area. Council Member Sample stated that he is thoroughly familiar with the com- pany's location since he drives in the area daily. He disagreed with Mr. Browning's statement that this is not a residential area but stated that there are residences in the area as well as industry. Mr. Sample expressed the opinion that people do walk in the location of the company and stated that a safety hazard exists there because of the movement of the trucks when they use the street to turn into the property. He contended that if curbs and gutters and sidewalks are installed in front of Alamo Express, the only expense that they will incur is that they might have to move to another location. Council Member Sample expressed the opinion that he felt that the curbs should be installed as the contract specifies. He pointed out that the street is too frequently blocked when Alamo Express trucks are turning in the street to reach the company's property. Minutes Regular Council Meeting August 2, 1978 Page 24 Council Member Holt referred to the fact that Alamo Express is not in the City limits and that they have not provided enough property to allow the trucks to maneuver onto their property and the trucks must use the street to do so. He pointed out that the company does not pay City taxes, yet the City's streets are used daily by the trucks involved in the operation of their business. Mr. Holt continued by informing the Council that he had checked on the company and had ascertained that in every other Texas city in which they are located, their pro- perty is within the City limits. Council Member Holt questioned the wisdom of eliminating the sidewalks, curbs and gutters in front of this company and stated that he feels that this is an unreasonable request by the company since they are not in the City limits and do not pay taxes, yet they operate over the City streets. He suggested that the company should provide more room on their property for the trucks to turn around in. Mr. Browning questioned Council Member Holt about his reference to the fact that the Alamo Express trucks use the City's streets, and Mr. Holt pointed out that the trucks travel over City streets to make deliveries. Mr. Browning pointed out that Alamo Express employees live within the City and pay taxes; the company feels that they have the right to egress and ingress to their property; and if this right is substantially impaired by the installation of curbs and gutters, this constitutes an unlawful taking without compensation. He reminded the Council that the company has attempted to work out the problem. Mr. Browning contended that Council Member Holt had implied that if the company agreed to be annexed to the City and pay taxes, their operation would be safe, but if they do not, then their operation is unsafe. Council Member Holt pointed out that the maneuvers performed by the trucks is illegal. Mr. Browning then pointed out that there are other areas of the City where street improvements have been made that do not have curbs and sidewalks, mention- ing in particular Gaslight Square on Santa Fe Street. City Manager Townsend stated that no improvements have been made to either the street or curbs and gutters in that area. Minutes Regular Council Meeting August 2, 1978 Page 25 Mr. Browning reminded the Council that the Alamo Express company needs an answer to their request as soon as possible since street construction at their location is imminent. Mr. Lontos explained to the Council that the City is proposing the installa- tion of two 60' driveways with a 25' island between them at the Alamo Express property, and the width at the front of the property is 171'. Discussion followed in regard to the driveways. Council Member Sample reiterated that there is going to be a problem at this location either now or in the future. Mr. Browning contended that a more difficult problem will exist if the curbs and gutters are constructed. Council Member Gill inquired if the City has any idea what the traffic count has been in the area during the 26 years the trucking company has been at this location and if the danger will be increased following the street construc- tion. City Manager Townsend replied that traffic will flow one entire lane closer to this property after the street is improved and there will be a header curb 9' closer to this property. Council Member Gill then asked if the traffic is held up because of the trucks entering the property. Mr. Browning stated that one of the lanes is a parking lane. City Mana- ger Townsend expressed the opinion that cars turning'bnto the expressway will drive in that parking lane in front of Alamo Express. Mr. Browning pointed out that if the Alamo Express trucks are able to get out of the street more quickly, there will be less hazard. He also reiterated that no accidents have occurred there for the past 26 years. Council Member Gill referred to another street improvement project and inquired if the Council had not made some concession for Mayflower Long Distance Moving Service Agency. City Manager Townsend informed her that a loading lane was provided which did not conflict with the flow of traffic. Minutes Regular Council Meeting August 2, 1978 Page 26 Council Member Gill expressed the opinion that the fact that sidewalks are not installed would not present a hazard and the Council needs to be concerned about whether or not there will be increasing incidents of near accidents at this location. City Manager Townsend stated that he felt that the movements made by the trucks at this time in entering the Alamo Express property are not legal. Mr. Browning pointed out that any time a vehicle moves against the flow of traffic, it is illegal and that this type of movement is made all over the City, not just at the Alamo Express location. City Manager Townsend summarized the discussion by stating that the plans for the street reconstruction have been approved; the assessment hearing has been closed; and the project will remain as specified in the plans unless there is a motion by the Council to make the requested change. Council Member Holt addressed a question to Mr. Browning and asked if the City approves the hold harmless agreement and later decides that the situation at Alamo Express is unsafe, would not the Alamo Express company's position be the same as it is now in that they would oppose the installation of curbs and gutters at any time. Mr. Browning explained that the hold harmless agreement would be in effect until curbs are installed, and according to the agreement, the company will pay any costs resulting from accidents that are caused because there are no curbs or sidewalks at this location. Mayor Lozano contended that nothing is being accomplished by continuing the discussion. He stated that he feels that the proposed island between two driveways, as recommended by the staff, would present more of a hazardous condition. Council Member Sample informed Mr. Browning that he felt that the Council would approve his request but that he would vote against a motion to approve the request. He stated that he agreed that it would be expensive for the company to move to another location but that he felt that a bad situation exists at this time. Mr. Sample further stated that he has seen Alamo trucks blocking traffic in many situations; the traffic count is going to continue to increase; and more people will be traversing the street in an unsafe situation. Minutes Regular Council Meeting August 2, 1978 Page 27 Council Member Diaz noted that it is his understanding that the trucks travel north and back into the Alamo Express property which is an illegal maneuver and pointed out that traffic tickets should be issued when this is done. Council Member Holt inquired of the City Attorney if the hold harmless agreement has any validity. City Attorney Bruce Aycock stated that the agreement is just a temporary solution to the problem and he has suggested that the company work with the Traffic and Transit Department in an effort to work out a proper traffic pattern for the trucks. Mayor Pro Tem Gulley noted that this item is not listed on the agenda and questioned whether or not action could be taken on the matter. City Manager Townsend stated that the matter was included in the Workshop agenda and a motion could be passed; the actual approval of the hold harmless document would be on the agenda next week; but the staff needs Council guidance on the matter since the contractor is ready to work on this portion of the street. Mayor Pro Tem Gulley referred to the fact that Mr. Browning had implied that the company will sue the City if the curbs and gutters are installed and asked for the City Attorney's opinion about the City's position if a lawsuit is filed in connection with this matter. City Manager Townsend expressed the opinion that he did not feel that the company could win such a lawsuit, but there is always a possibility that they could. City Attorney Aycock explained that the access question is a difficult area to define, stating that basically the abutting owner does have access rights, but they are not unlimited and Mr. Browning knows that. He pointed out that if Mr. Browning is right, -the City could be hurt, and if- the City insists that they are right and the curbs are installed, the company's business could be hurt. Mr. Aycock emphasized that the struggle involved here is some sort of temporary accom- modation. He stated that he did not agree that the company should do anything illegal and expressed the opinion that this should be examined. City Manager Townsend reminded the Council that every effort has already been made to attempt to solve the traffic problem and informed them that staff Minutes Regular Council Meeting August 2, 1978 ' Page 28 members from Traffic and Transit and Engineering and Physical Development have sudied the problem at the location many times during the past year. City Attorney Aycock stated that the threat of a lawsuit is a real one which could be costly to the City if Mr. Browning proves his point. Mr. Aycock pointed out that as counsel knows, there are cases in which the City has been exonerated for controlling access. Council Member Gill stated that she felt that access should be provided to the company's property without the curbs and gutters provided the company makes sure that the trucks entering the property are going south with the flow of traffic in compliance with the traffic regulations. Council Member Diaz questioned the need for the island between the pro- posed driveways and stated that the installation of curbs and gutters should not be required as long as the trucks travel south to reach the company's property. Council Member Holt pointed out that the company's property is insuffi- cient to allow the trucks to move onto their parking area without using the City street for a turning area, and he felt that this is wrong. Council Member Gill stated that she does not feel that the City should be instrumental in jeopardizing the company's operation, thus forcing them out of business. Council Member Sample expressed the opinion that the company will continue to operate as long as they have a successful business here. City Manager Townsend reminded the Council that the plans were drawn with a design for two 45' driveways at this location; the staff is now recommending that two 60' driveways be constructed; but the company is requesting that no driveways be constructed. Council Member Juarez inquired about the width of the driveways at other locations down the street. Mr. Lontos replied that there was a 93' wide driveway cut at another location, but a fence was also installed. City Manager Townsend pointed out that this particular driveway would be used occasionally when large items need to be unloaded and this would be done under controlled conditions. r• Minutes Regular Council Meeting August 2, 1978 Page 29 In regard to sidewalks, Mr. Lontos stated that sidewalks at this same location were installed. Council Member Gill moved that they allow the curbs and sidewalks not to be placed across there and the middle island but that you have 16' on either end of it; Council Member Diaz seconded the motion. Council MemberSampleinquired if Council Member Gill's motion included having the company sign that paper (hold harmless agreement): Council Member Gill stated that that was all included and that the company would have to'pay •foi the construction of the island when it has to be put in: 'tCouncil•Member Juarez' inquired if curbs, gutters and sidewalks`coufd be installed later if necessary. City Manager Townsend informed him that improvements can always be made. Mayor Lozano stated that a motion was made by Mrs. Gill and seconded by Mr. Diaz that they delete the island and give the company a driveway all the way across there with the sidewalk to start at the same point as you have there (point- ing to drawing of plan) with that agreement (hold harmless). Mayor Lozano then called for the vote on the motion. The motion failed to pass by the following vote: Lozano, Diaz and Gill voting "Aye"; Gulley, Juarez and Sample voting "Nay"; Holt, abstaining. Mr. Philip.Rosenstein, 949 Bobalo, presented the Council with copie's of brochures in regard to the hazards of smoking and stated that Mr. Richard Doremus of the Lung Association would be glad to answer any question's they might have about the hazards of smoking. He particularly objected to the statement made by Mayor Pro Tem Gulley several weeks ago to the effect that smoking isnot hazardous to the health of non-smokers. Mr. Rosenstein informed the Council that he had spoken to a staff member of HEW who had indicated that this was not a very good statement for a public official to make. He again requested that smoking be prohibited in the Council Chambers during public meetings and presented "No Smoking" signs to City Manager Townsend to be posted, alleging that according to State law, an ordinance prohibiting smoking in the Council Chambers is not necessary. Mayor Pro Tem Gulley corrected Mr. Rosenstein about the statement he had made and emphasized that he had said that it has not been proven that smoking is Minutes Regular Council Meeting August 2, 1978 Page 30 hazardous to one's health. Mr. Rosenstein agreed that this is what was actually said. Mayor Lozano thanked Mr. Rosenstein for his presentation and stated that the Council will consider the matter. * * * * * * * * Motion by Holt that the Regular Council Meeting of August 2 be recessed in order to reconvene the recessed meeting of July 19; seconded by Sample; and passed unanimously at 6:10 p.m. * * * * * * * * Motion by Holt that the Regular Council Meeting of August 2 be reconvened and that the Council go into dosed session to discuss a personnel matter as allowed under Article 6252-17 of V.A.C.S.; seconded by Gulley; and passed unani- mously at 6:12 p.m. * * * * * * * * Following the closed session, on motion by Holt, seconded by Gulley, and passed unanimously, the Regular Council meeting was adjourned at 6:21 p.m. August 2, 1978.