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HomeMy WebLinkAboutMinutes City Council - 08/15/1979r MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING AUGUST 15, 1979 2:D0 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Edward L. Sample Council Members: Dr. Jack Best David Diaz Jack K. Dumphy Betty N. Turner Cliff Zarsky Mayor Luther Jones called the meeting to order in the Council Chambers of City Hall. The invocation was given by the Reverend Dean Garner of the Rhema Fellow- ship 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 Jones stated that the following proclamations had been issued: "AFFILIATE ARTIST DAY" - August 8, 1979 and "DISABLED AMERICAN VETERANS FORGET-ME- NOT MONTH" - August 17 thru September 17, 1979. Mayor Jones then presented certificates recognizing completion of the Texas A & M University Extension Service six -part basic management training series for supervisors to the following City employees: NAME TITLE City Manager R. Marvin Townsend City Attorney J. Bruce Aycock City Secretary Bill G. Read Mr. Nat Arellano Mr. Edward L. Balderaz Ms. Cornelia E. Burns Mr. Leonard M. Cisneros Mr. Guy Alfred Clumpner Ms. Sharon Louise Dove Ms. Eva B. Evans Mr. Gilbert S. Garza Mr. Woodrow P. Gimbel Mr. A. B. Gonzalez Mr. G':rge Gonzalez Mr. S. M. Gonzales Manuel C. Hernandez, Jr. Michael Mantz, Jr. Duane Parkman Antonio G. Perez, Jr. Rolando Ramirez Ruben Rangel Douglas Russo A. S. Taichman Lamont C. Taylor E. E. Tercilla Noe Valdez C. L. Williams Counselor IV Computer Operator II Programmer Analyst 11 Building & Grounds Custodian Administrative Assistant I Administrative Assistant I Administrative Assistant I Street Foreman Tranist System Supervisor 111 Collection Supervisor Sanitation Foreman Transit System Supervisor I Stores Supervisor Appraiser 11 Personnel Technician 11 Gas System Foreman Water System Foreman Senior Water System Mechanic Water System Foreman Sanitation Foreman Transit System Supervisor 1 Production Supply Superintendent Assistant Transit Superintendent Museum Curator DEPARTMENT Work Experience Data Processing Data Processing Building Maintenance Information Services Personnel Sanitation Street Transit Sanitation Sanitation Transit Purchasing Tax Personnel Gas Water Water Water Sanitation Transit Wastewater TransiMILKU LMED, Museum SEP 0 41980 Minutes Regular Council Meeting August 15, 1979 Page 2 Mayor Jones called for the consideration of the tabled recommendation approving the contract with the Corpus Christi Police Officers' Association, listed as a City Manager's recommendation as follows: The collective bargaining contract with the Corpus Christi Police Asso- ciation be approved. The contract includes: a salary increase of 8.17%; reduction in the accrual rate of sick leave days from 15 to 12 days per year per officer; establishment of a sick leave pool for extended ill- nesses; reduction in sick days paid upon termination for officers with less than 10 years and an increase from 90 to 180 days for those officers with more than 25 years of service; an increase in longevity pay from $4.00 to $6.00 for officers for the first 10 years of service; establish- ment of proficiency exams and an Oral Review Board for promotions; advancement of senior patrol officers to sergeants after successful com- pletion of proficiency exams; establishment of an impasse procedure, including mediation, fact finding and a referendum of the voters on the four main issues in dispute; and provision that the Police Association not take an active part in any political campaign for an elective position of the City. Mayor Jones reviewed the proceedings of the preceding week in regard to the contract and stated that the Council first voted against the contract and later during the meeting, on the basis of additional information, agreed to table the matter to consider further information to be provided by the Police Officers' Association. City Manager Townsend again urged the approval of this contract, noting that although there may be some items with which the Council does not agree, the contract contains a number of benefits for the administration of the Police Depart- ment; it allows for a great deal more management of the Police Department other than just through the Civil Service rules; the City's negotiators, Assistant City Manager Archie Walker and Chief Bill Banner both recommend approval of the con- tract. Mr. Townsend referred to the discussion conducted by the Council in regard to the party responsible for payment of the costs of an election and pointed out that in terms of the various monetary concerns associated with contracts, the cost of an election would not be a major expense compared to other items in the contract. Mayor Jones also noted that referendums have been held in the past to settle an impasse between the Police Officers and the City. Council Member Diaz commented that he had voted in favor of the contract last week, and after having perused parts of the contract, intended to vote for it Minutes Regular Council Meeting August 15, 1979 Page 3 again today because he believes that the referendum will not be used unless it is necessary. Council Member Zarsky stated that he had voted against the contract last week because of the cost of the election procedure and the possibility that similar agreements with other employee groups might create the necessity for other elections. Mr. Zarsky stated that he had obtained information to the effect that in Denver, the party that does not agree to the collective bargaining issues is required to pay the costs for the referendum, and he agreed that this would be a good plan for this City. He indicated, however, that he felt that the other items in the contract were reason- able; the police officers had acted in good faith; and he intends to vote for the contract today. Council Member Dumphy stated that he had voted against the contract last week, and he hoped that further information would be provided by the staff and the police. Mr. Dumphy noted that the police had provided additional informa- tion, but he felt that the staff had been remiss in not keeping the Council informed throughout the negotiations. He pointed out that both parties have assured the Council that the referendum will probably not be used, and he did not see any reason to have this included as a part of the contract if there is no intention to use this means to solve an impasse. Mr. Dumphy also referred to the reference made by the Police Officers Association to "the City" and stated that he wanted to make it very clear that the Council is not the City staff. He also objected to the agreement made by the police officers not to participate in any political campaign to elect City officials, stating that he felt that everyone should have this right, and none of the City employees should be denied the right to participate in political campaigns. Council Member Dumphy expressed the opinion that he finds it difficult to comprehend the procedure which allows for an impasse procedure to go to outside mediators, then to fact -finders or arbitrators, and then directly to a referendum without going to the Council at some point. Mayor Jones pointed out that the police officers and other City employees are not giving up their right to vote for City officials -- just that they will not be allowed to engage in political activities of this nature. Minutes Regular Council Meeting August 15, 1979 Page 4 Council Member Dumphy indicated that he disagreed with the Mayor's opinion, and he still feels that he cannot agree to the referendum to be included as a part of the contract. Mr. Dumphy also stated that he did not feel that he has been a part of the negotiations. City Manager Townsend informed the Council that they can designate anyone they wish to represent them in negotiations; they had earlier indicated their con- currence with the negotiators designated for the City; and although the Council had previously expressed opposition to the referendum procedure, the negotiators could not have come to an agreement without this impasse solution. In answer to Mr. Dumphy's concern about City employees' participation in City election cam- paigns, City Manager Townsend informed the Council that the Charter prohibits City employees from participating in any political activities, and this contract just includes a provision that this body will not participate in the elective proce- dures and information to this effect was provided the Council earlier. Mr. Townsend further explained that it was difficult for the negotiators to report to the Council on a regular basis in an open meeting just exactly what is occur- ring during the negotiation proceedings because they would then lose their abilities to negotiate. He agreed that Mr. Dumphy had a legitimate concern in that the Council might possibly have been made more familiar with all items included in the contract. City Manager Townsend then pointed out that the impasse procedure included the steps pertaining to mediation, fact finding and to the act of not agreeing with the fact finding, and it would then be the Council's decision to go to referendum. Council Member Dumphy stated that the document received from the Police Association does not specify that the Council will have anything to do with the decision to go to a referendum. Assistant City Manager Archie Walker stated that although the contract does not so specify this, there is no doubt that the Council will have this authority. Mr. Walker also referred to the discussion with the Council at which time he was under the impression that the Council wanted him to obtain an agreement with the police officers and he was not to be restricted in his negotiations with them. He reiterated that he would have been unable to obtain a contract without an election Minutes Regular Council Meeting August 15, 1979 Page 5 procedure to solve a possible impasse. Mr. Walker also expressed the opinion that the Council does have an opportunity to do something before a matter goes to a referendum. Council Member Turner expressed the opinion that since the Council is responsible for establishing City policy and approving the City's tax rate, it seems that the City Council would be the proper body to settle an impasse rather than a referendum. She also pointed out that the Council should be made aware of the issues involved in the contract. Council Member Best agreed with Council Members Dumphy and Turner and stated that he still did not see any reason why police officers, firemen and City employees cannot participate in City elections. He stated that he had read the contract and felt that other than the election procedure, it is a very good con- tract. He suggested that the police officers agree to allow the matter of impasse to come to the Council for a decision before going to a referendum. Mayor Pro Tem Sample indicated his concurrence with Dr. Best's suggestion, pointing out that this Council is unique in that they prefer complete information on items they are discussing. Mr. Sample informed the Council that he had brought up the fact that the Council Members are not completely informed about the col- lective bargaining procedures before they are asked to approve the contracts. He questioned the assurances the Council has received that the referendum will not be used even if it is included in the contract and asked what the City gave up in order to allow the referendum to be included. He indicated that he is very proud to work with his fellow Council Members because they do read everything presented to them and study every issue before approving them. Mayor Pro Tem Sample stated that he had requested additional information on this matter which he has not yet received. Speaking on behalf of the Police Officers' Association was Mr. Mike Burns, President of the Association, who pointed out that with the election procedure, the third party who will decide on an impasse is the voters who actually placed the Council in office. Mr. Burns questioned the Council's desire to be the party that will decide on the solution to an impasse and pointed out that it would be just as reasonable for the Police Officers' Association to make such a decision, since they are the two bargaining parties. Minutes Regular Council Meeting August 15, 1979 Page 6 After a lengthy discussion of this contract and the procedures followed in the negotiations, City Manager Townsend stated that a motion would be appropriate to either accept or deny the recommendation for approval of the contract. Motion by Diaz that the Council approve the tabled item pertaining to the acceptance of the contract with the Police Officers' Association; seconded by Zarsky; and passed by the following vote: Jones, Sample, Diaz and Zarsky voting "Aye"; Best, Dumphy and Turner voting "No." Mayor Jones announced the public hearing on the following matter: a. Contractural annexation of 10 acres known as the Yellow Rose Convention Center, or Lot 6, Block 1, South Saratoga Acres. The owners have requested annexation in order to obtain utilities. City Manager Townsend located this area on the map and described the pro- perty. He stated that the facility was developed without City water or sewer service; it had an unsatisfactory well; ownership of the building has changed; and the new owner has agreed to extend a sewer line and pay his pro rata share for extending the line. Mayor Jones called for comments from the audience on this contractual annexation. Mr. Philip Rosenstein, 949 Bobalo, pointed out that according to the Chamber of Commerce, they are not aware of a convention center called the Yellow Rose Convention Center. He pointed out that this is just a dance hall. No one else spoke in regard to this annexation. Motion by Diaz that the hearing be closed, seconded by Sample and passed unanimously. Motion by Diaz that the Council approve the contractual annexation of the Yellow Rose Convention Center, seconded by Sample, and passed unanimously. * * * * * * * * * * * * .. * * * City Secretary Read noted that there is a need to pass as soon as possible the two ordinances listed as "a" and "b" which involve improvements to various streets on which assessments will be levied. He explained that a notice must be Minutes Regular Council Meeting August 15, 1979 Page 7 filed with the Nueces County Clerk today, and suggested that the Council consider these two ordinances at this time in order to facilitate such filing prior to 5:00 p.m. The Council agreed to consider these ordinances at this time. City Secretary Read polled the Council for their votes, and the following ordinances were passed: ORDINANCE NO. 15055: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: ACCESS TO OLDER NEIGHBORHOODS 1. Driscoll Drive, from State Highway 44 (Agnes Street) to Kenwood Drive; 2. Bluebonnet and Kenwood Drives, from Driscoll Drive to Longview West; and 3. Villa Drive, from Baldwin Boulevard to Quaile Drive; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK, NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENTS SHALL BE PAID; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15057: DETERMINING THE NECESSITY FOR AND ORDERING THE IMPROVEMENT OF THE FOLLOWING STREETS, BY THE CONSTRUCTION OF SIDEWALKS AS FOLLOWS: H.E.B. PARK AND TENNIS CENTER AREA Shely Street, from Churchill Drive to Ayers Street. IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; REQUIRING THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT TO PREPARE AND FILE PLANS AND SPECIFICATIONS; REQUIRING THE CITY SECRETARY TO FILE A NOTICE IN THE OFFICE OF THE COUNTY CLERK OF NUECES COUNTY, TEXAS, AS TO THE ACTION HEREIN; PROVIDING HOW SUCH IMPROVEMENT SHALL BE PAID: AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Mayor Jones announced the next scheduled public hearing on the following matter: b. The following amendments to the sanitary sewer and drainage master plans: (1) Sanitary Sewer - a number of revisions between the Westside and the Oso systems and in the Oso system as recommended by McCaughan and Etheridge in 1974, and incorporated into final planning for treatment plant work now underway. (2) Sanitary Sewer - shift 35 acres at Holly and Kostoryz Roads from the Westside to the Oso system and readopt the commitment of the balance of the square mile between Holly and Saratoga and Kostoryz and Ayers to the Westside Plant and to "1-3" (heavy industrial development). Minutes Regular Council Meeting August 15, 1979 Page 8 (3) Drainage - change 76 acres at the southwest corner of Staples and Saratoga from draining east along Saratoga to draining south to the Oso through a recently excavated channel. (4) Drainage - Wooldridge - Staples outfall area. City Manager Townsend asked Mr. James K. Lontos, Director of Engineering and Physical Development, to briefly explain the first three items, indicating that he did not feel that there would be too much concern about these recommended changes. Mr. Lontos briefly explained the history of the Sanitary Sewer Master Plan and located the areas proposed for revisions between the Westside and the Oso Systems. City Manager Townsend pointed out that an estimate of population and the estimate of growth and use must be considered when master plans are amended. No one spoke in regard to Item (1). Motion by Turner that the hearing on this portion be closed, seconded by Best and passed unanimously. Motion by Turner that the Sanitary Sewer revision to the Master Plan as listed in Item (1) be approved, seconded by Best and passed unanimously. After a brief explanation of Item (2), Mayor Jones ascertained that no one in the audience wished to speak on this proposal. Motion by Dumphy that the hearing be closed, seconded by Sample and passed unanimously. Motion by Dumphy that Item (2) be approved, seconded by Diaz and passed unanimously. Mr. Lontos then explained that Item (3) pertains to a change in the Master Drainage Plan, located the area on the map and explained the drainage to be changed. Mayor Jones inquired about the method of effecting this change. City Manager Townsend informed him that the staff will bring forth an amendment to the Master Plan, and plats will be approved accordingly in the future. He further stated that every landowner involved has made this request. Minutes Regular Council Meeting August 15, 1979 Page 9 Mr. Townsend also noted that all of these recommendations have been presented to the Planning Commission and they recommend the changes. Motion by Dumphy that the hearing be closed, seconded by Diaz and passed unanimously. Motion by Turner that Item (3) be approved, seconded by Dumphy and passed unanimously. City Manager Townsend then referred to Item (4) which pertained to the drainage in the Wooldridge -Staples outfall area and stated that the question involved is the matter of a permanent drainage solution to a large tract of land bounded by Staples, Holly and including the Carroll-Schanen Ditch. He provided background information on the drainage in this area, noting that according to the Master Drainage Plan, a second ditch was planned at one time, but circumstances have made this appear impractical. Mr. Townsend summarized by stating that the Council needs to consider whether or not the two ditches should be considered as they are presently included in the Master Plan, or if the second ditch should be elimi- nated from consideration. Mr. Lontos further explained the drainage situation and the alternates available to provide for the drainage, stating at this time, as approved by a previous Council, the plan to drain the area is to enlarge the existing Carroll- Schanen Ditch. Further discussion followed by the Council on the various solutions. City Manager Townsend summarized by stating that the staff recommendation is that this matter not be acted on today but that it be tabled to allow the staff time to determine the cost and the landowners the time to advise the staff as to what they can accomplish themselves to provide drainage for their land, after which a recommendation will be forthcoming to the Council. Council Member Dumphy noted that the City Manager's recommendation did not mention a time frame, and City Manager Townsend stated that the staff may recommend that the Council give them the authority to contract this out; therefore, a time frame would be unknown at this time. Council Member Dumphy inquired of Mr. Lontos if he devoted full time to this Minutes Regular Council Meeting August 15, 1979 Page 10 project, how much time would be required. Mr. Lontos replied that such a project would require at least two months. Council Member Best pointed out that a previous bond issue had been approved by the voters on this project and inquired if the City could have this same project on a future bond referendum for additional funds, and City Manager Townsend replied that this would be possible. Mayor Jones, noting that this is a public hearing, called for comments from the audience on this matter. Mr. Gene Urban, Urban Engineering, referred to the two maps displayed and pointed out a subdivision that is being drained into the Carroll-Schanen Ditch and the problems that exist in draining some of these areas because of the size of the required pipe that would have to be used and the gradient. Dr. Byron Coward, 433 Pasadena, stated that he owns 28 acres at the inter- section of Airline and Wooldridge and another tract of 40 acres in this area; both of these tracts will be affected by the drainage solution; the other side of Airline from his property floods very badly; and there is a need to resolve this drainage problem. Dr. Coward reminded the Council that he had offered to donate one-half of the right-of-way required for a covered drainage ditch at the second location and suggested that due consideration be given to this additional ditch. Mr. Ray Peterson stated that he owns 48 acres at Holly Road along the ditch; he is interested in development; and urged the Council to approve the installation of the second ditch. Mr. Jerry Chipman, representing Mrs. Lois Hall who is a property owner in this area, expressed the opinion that the Carroll-Schanen Ditch would have to be greatly enlarged to serve such a large area and his client would have to donate approximately 2 acres of land for this expansion. Mr. Chipman also pointed out that the contour of the land indicates that the natural drainage would be towards Saratoga. Mr. Patrick McGuire, representing Mr. Farrell Smith, who also owns property in the area, located Mr. Smith's land on the map and pointed out the location of the drainage problem. Mr. McGuire also noted that right-of-way dedications had previously been made by property owners in the area for the second ditch. Minutes Regular Council Meeting August 15, 1979 Page 11 City Manager Townsend assured him that those easements were returned to the property owner when it was determined that available funds were inadequate to construct the covered ditch. Mr. McGuire continued by stating that he felt that the second ditch should again be considered as a means of draining the area. Mrs. Lois Hall then spoke and reminded the Council that she has paid City taxes for years on her property with no City services and also suggested that property owners should be contacted when a public hearing on these matters are going to be held. City Manager Townsend stated that there is no notice procedure for Master Plan amendments except a notice in the classified section of the newspaper. Ms. Betty Hall, referring to the same property, also noted that they did not know that this matter was to be considered today and suggested that the Council should authorize a re-evaluation of the Master Drainage Plan before approving any amendments. City Manager Townsend stated that the City did have adequate engineering research prior to the adoption of the Master Drainage Plan, but he does suggest that another study be authorized to re-evaluate the situation as it exists now. Council Member Zarsky noted that this matter has been on the agenda in various forms for the past 60 days; there have been a number of thought process changes; a great deal of engineering expertise is available; and if all of this information is made available to the Council, it might be possible for the Council to make a decision on this drainage matter. Mr. Urban stated that since he has worked on several subdivisions in that area, he will be glad to provide Mr. Lontos of the City's Engineering Department with all of the engineering information he has. Mr. Lontos stated that the question of working out the calculations for the quantity of flow does not necessarily require two months, but there are a number of other questions that must be resolved before the staff can make a recommendation. City Manager Townsend noted that there is no problem if the Council wishes to just readopt and reaffirm the original Master Plan, but pointed out that there have been some significant changes since the plan was adopted. He also noted that Minutes Regular Council Meeting August 15, 1979 Page 12 if the same plan is reaffirmed, there will be some question as to how the City will be able to pay for the second ditch, which will require some time. Council Member Diaz inquired as to whether or not the existing Carroll- Schanen Ditch will have to be widened if the Council approves the concept of the second ditch in the area. Mr. Lontos replied that some widening would be necessary but not as much as is presently contemplated. Mr. Jeff Boudreau expressed concern about the subdivision known as Wooldridge Creek No. 4, stating that with the situation the way it is now, the developers of this subdivision do not know just what the status is in regard to providing drainage. City Manager Townsend informed him that until the Council adopts something else, the map with only the existing Carroll-Schanen Ditch would be the governing plan. Mr. Peterson spoke again and questioned the availability of right-of-way along Airline Road in the area in which Wooldridge Creek Subdivision is being constructed, pointing out that residences are already under construction in the area where right-of-way would be needed. City Manager Townsend suggested that the Council make no decision until an up-to-date study of this portion of the Master Drainage Plan has been completed, following which the staff will have a recommendation. Council Member Best moved that the Council authorize the employment of an outside engineering firm to provide engineering information pertaining to the installation of the second ditch in the area. Council Member Zarsky suggested that before the City authorizes such engi- neering work, they should determine just what should be included in the study, such as a closed ditch, an open ditch, or just what the engineering firm should work on. He suggested that each type of solution and the estimated cost be stu- died by the engineering firm. Further discussion followed in regard to the readoption of the 1961 Master Plan. There was no second to Dr. Best's motion. Minutes Regular Council Meeting August 15, 1979 Page 13 Motion by Dumphy that the 1961 Master Drainage Plan be reconfirmed and consideration be given to the employment of an engineering firm to prepare a study on the second ditch; seconded by Best. Council Member Zarsky suggested that a time frame be included for the staff recommendation. City Manager Townsend indicated that he would have a report in two weeks. Prior to the vote on Mr. Dumphy's motion, Mayor Pro Tem Sample moved that the hearing be closed; the motion was seconded by Council Member Diaz and passed unanimously. Mayor Jones then called for the vote on Mr. Dumphy's motion, and the motion passed unanimously to reconfirm the 1961 Master Drainage Plan. In the interest of conserving time, Council Member Best suggested that the Council consider the annual supply contracts which were listed as Item "a" of the City Manager's Reports. City Manager Townsend presented the following item with related comments and explanations and asked that Item "a" (1) be withdrawn because of some staff questions about this item. He then recommended that: a. Annual supply contracts be awarded as follows: (2) Mechanical Joint Cast Iron or Ductile Iron Fittings to the following firms on the basis of low bid: TRANS TEX SUPPLY COMPANY, San Antonio LOT I - (173 items) Mechanical Joint Cast $89,890.28 Iron or Ductile Iron Fittings LOT II - (5 items) Mechanical Joint Tee Head Bolts & Gaskets EBBA IRON, Inc., Eastland, Texas (3) 5,211.15 3,051.00 LOT III - (3 items) Mechanical Joint Ductile Iron Retainer Glands TOTAL: $98,152.43 Price comparison shows an increase of 12.8%. The prices on Lot III are subject to fluctuation. Bids were received from 4 firms. Printing Papers and Stationery Store items be made to the following firms on the basis of low bid meeting specifications: CENTURY PAPERS, INC., Corpus Christi LOT II - NCR Papers (4 items) $ 3,756.56 Minutes Regular Council Meeting August 15, 1979 Page 14 U.S. ENVELOPE, Dallas LOT III - Envelopes (18 items) 5,907.96 LITTON OFFICE PRODUCTS, Corpus Christi LOT IV - Adding Machine Tape & Index Cards (8 items) 1,439.74 LOT V - Stationery Store Supplies (57 items) $24,212.13 $35,321.39 Price comparison indicates an increase of 130. Bids were received from five firms. Since no bids were received on 11 items of fine paper (Lot 1) .requirements will be purchased on the open market as needed. The apparent low bid of $5,724.56 on Lot III by Century Papers is not recommended because it is based on minimum shipments in excess of the specifications and storage capacity. Prices are subject to fluctuation on Lots II, IV and V. (4) 21 Portable Chemical Toilets to SKID-O-KAN, Corpus Christi, on the basis of low bid of $16,092.72. A price comparison indicates an increase of 41%. Bids were received from two firms. (5) Pipe repair clamps to the following firms on the basis of low bid: SOUTHWEST METER & SUPPLY COMPANY, Marshall Texas Lot 1 - (7 items) Full Circle Clamps & Repair Clamps for Cast Iron & Steel Pipe Lot II - (3 items) Repair Clamps for Steel Pipe Lot III - (30 items) Full Circle Clamps & Service clamps with Welded Outlet for asbestos cement pipe Lot V - (16 items) Steel Couplings Lot VI - (4 items) P.V.C. Coupling Repair Clamps Total: CLOW CORPORATION, Oskaloosa, Iowa Lot IV - (21 items) Bronze Service Saddles $ 6,870.07 125.30 61,639.23 6,195.04 314.48 $75,144.12 $ 6,581.38 DRESSER MANUFACTURING COMPANY, Bradford, Pa. Lot VII - (32 items) Clamps, Sleeves, Couplings & Adapters 10,283.28 GRAND TOTAL $92,008.75 Price comparison shows an increase of 5.1% Bids were received from 13 firms. Prices are subject to fluctuation on Lot VII. (6) Pool and Wastewater Treating Chemicals to the following firms on the basis of low bid: DYNAMIC CHEMICALS, Corpus Christi Item 1 - 50 five gal. carboys of Concentrated Chlorine 173.25 Item 7 - 50 five gal. containers of Caustic Solution 415.80 TOTAL $5B9.05 ACETYLENE OXYGEN COMPANY, Corpus Christi Item 2 - 420 150 1b. cylinders of Chlorine gas Item 8 - 30 100 1b. Drums of Granular HTH $10,479.00 2,250.00 TOTAL $12,729.00 Minutes Regular Council Meeting August 15, 1979 Page 15 (7) VAN WATERS AND ROGERS, Corpus Christi Item 3 - 500 100 lb. bags Light Soda Ash -Briquettes $ 7,200.00 Item 4 - 500 lbs. -Bicarbonate of Soda 87.50 Item 5 - 200 gal. Muratic Acid 146.98 Item 6 - 30 230 Ib. Deldrums, Sulphuric Acid 489.90 Item 9 - 150 100 lb. bags, Soda Ash Powder 1,335.00 TOTAL $ 9,259.38 GRAND TOTAL $22,577.43 Price comparison indicates an increase of 9.4%. Bids were received from six firms. Prices are subject to fluctuation on Items 3-9. Street Marking Materials to the following firms on the basis of low bid: PINKLEY & ASSOCIATES, Oklahoma City LOT I - 6,500 gallons of Traffic Marking Paint FLEX -O -LITE DIVISION, St. Louis LOT II - 30,000 lbs. of Glass Beads $44,425.00 4,923.30 TOTAL '49,348.30 Price comparison indicates an increase of 43%. Bids were received from five firms. (8) Sparkplugs, Oil and Fuel Filters to the following firms on the basis of low bid: SUSSER PETROLEUM COMPANY, Corpus Christi Lot I - Oil & Fuel Filters (115 items) $18,047.49 Lot II - PVC Valves (11 items) 680.50 TOTAL $18,727.99 HOLLIS NEESE AUTO PARTS, Corpus Christi Lot III - Sparkplugs (approximately 9,630) $ 6,167.88 GRAND TOTAL $24,895.87 Price comparison indicates an increase of 11.6%. Bids were received from six firms. (9) 3 items of Pipeline Enamel, Primer and Felt to PLEXCO - DIVISION OF AMSTED INDUSTRIES of Franklin Park, Illinois on the basis of low bid of $7,975.60. Price comparison shows an increase of 21.4%. Bids were received from two firms. (10) Street sweeper broom materials to the following firm on the basis of low bid: OLD DOMINION BRUSH COMPANY, Richmond, Va. Lot I - 20 Refills for Special Core Broom $2,849.80 Lot 11 - Gutter Broom Wire, Sixty 100 lb. boxes 3,039.00 TOTAL $5,888.80 Price comparison shows a decrease of 11.5%. Bids were received from 7 firms. Environmental Sales and Service of Hurst has asked that they be allowed to withdraw their apparent low bid of $1,100 on Lot 1 because of a calculation error. Minutes Regular Council Meeting August 15, 1979 Page 16 (11) Street sign material to the following firm on the basis of low bid: VULCAN SIGN & STAMPING, Foley, Alabama Lot I - Extruded Street Name Blanks (2,500 ea.) $ 7,478.00 Lot II - Traffic Sign Blanks (4,550 ea.) 26,143.00 TOTAL $33,621.00 Bids were received from three firms. On Lot 11 the alternate bid of Vulcan Sign & Stamping is recommended over the low bid of $35,542 from American Highway Sign Company, Inc. of East Longmeadow, Massachusetts because it is for a less expensive and lighter -weight aluminum alloy which will perform just as well as the more expensive heavier -weight alloy for traffic sign blanks. (12) Street construction materials be made to the following firms on the basis of low bid: TEXAS EMULSIONS, INC., Corpus Christi Item 1 - 43,315 Gal. Emulsified Asphalt - $.3950 gal. $ 17,109.43 GULF STATES ASPHALT CO., INC., Corpus Christi Item 3 - 235,000 Gal. Asphalt, AC -5 $.5150 gal. 121,025.00 Item 4 - 42,000 Gal. Cut Back Asphalt, RC -2 $.7000 gal. 29,400.00 WHITE'S MINES, San Antonio Item 5 - 7,000 Tons Rock Ashpalt, Type B $13.47 ton Item 6 - 500 Tons Rock AtPhalt, Type CC $13.47 ton Item 8 3,194 Tons Precoated $12.82 ton Aggregate, Type PE, Grade 3 Item 9 - 15,000 Tons Precoated $12.82 ton Aggregate, Type PE, Grade 4 Item 10 - 2,500 Tons Rock Asphalt Black$13.42 ton Base Item 11 - 1,450 Tons Limestone Rock $12.82 ton Asphalt Fine for Slurry Seal SERVTEX MATERIALS COMPANY, New Braunfels Item 7 - 5,000 Tons Type DD Fine Graded $18.65 ton Surface Course Asphalt HELDENFELS BROTHERS, Corpus Christi Item 12 - 19,500 Tons Hot -Mix Asphalt, $20.25 Ton Type D CHEMICAL LIME, INC., Clifton, Texas Item 13 - 1,000 Tons Hydrated Stabilization Lime $61.00 ton PARKER BROTHERS & CO., Inc., Houston Item 14 - 50,000 Cu. Yd. Flexible Base (Mudshell) $ 7.85 ton GRAND TOTAL $150,425.00 94,290.00 6,735.00 40,947.08 192,300.00 33,550.00 18,589.00 $386,411.08 $ 93,250.00 $385,125.00 $ 61,000.00 $392,500.00 $1,485,820.51 .tes Regular Council Meeting August 15, 1979 Page 17 Price comparison shows an increase of approximately 27.3%. Prices are subject to fluctuation. Bids were received from 9 firms. The apparent low or identical bids of $94,290, $6,735 and $36,315.78 on Items 5, 6 and 8 respectively, by Uvalde Rock Asphalt Company are not recommended because the company has never delivered on Item 8, for which they were awarded the contract last year. The identical bids will also be referred to the Attorney General's Office. It is further recommended that ten 100 ton hopper cars and a conveyor be leased from White's Mines for $2.00/ton and $.75/ton respectively to insure delivery of Items 8 and 9 because of a shortage of rail cars. Delivery by truck is twice as expensive. (13) Water and Sewage Treating Chemicals to the following firms on the basis of low bid meeting specifications: UNITED STATES GYPSUM COMPANY, Dallas Item 1 (2,366 Tons) Calcium Oxide (Quickline Pebbles) $127,834.98 Item 2 (240 Tons) Calcium Hydroxide (Hydrate Lime) Powdered 17,568.00 $145,402.98 McKESSON CHEMICAL COMPANY, Corpus Christi Item 3 (848 Tons) Ferrous Sulfate (Copperas) $ 91,253.28 THOMPSON HAYWARD CHEMICAL COMPANY, San Antonio Item 4 (85 Tons) Sodium Silicofloride (Sodium Fluosilicate) $ 32,096.00 Item 5 (130,000 lbs.) Ferric Chloride (Crystal) 40,875.00 $ 72,971.00 PPG INDUSTRIES, INC., Chemical Division, Houston Item 6 (682 Tons) Liquefied Chlorine (55 ton tank cars) $100,049.40 AMERIGAS, SEC. DIVISION, Corpus Christi Item 7 (243 Tons) Liquefied Chlorine (1 Ton Cylinders Delivered Cunningham Filter Plant) $ 43,545.60 Item 8 (515 Tons) Liquefied Chlorine (1 Ton Cylinders delivered to Oso, Westside, Broadway, Allison, & Flour Bluff Sewer Plants (Truck) $188.00 92,288.00 GRAND TOTAL ---- $545,510.26 Price comparison shows an increase of 11.5%. Bids were received from 11 firms. Prices on items 1 - 5 are subject to fluctuation. The apparent low bids on item 4 of $26,639 by Rail and $27,540 by Truck by Accron Chemical Distributors of San Antonio did not meet specifications in that the bids were for shipment in 100 1b. bags instead of 400 lb. drums. Bag shipments would require that the bags be manually picked up and emptied into drums for dispensing for treatment and could create a safety hazard from possible back injury. The apparent low bid by Thompson Hayward Chemical Company of San Antonio on item 6 did not meet specifications in that shipment would be in 90 ton tank cars instead of 30 to 55 ton tank cars. Use of a 90 ton car would result in a greater demurrage cost since the chlorine is dispensed into the filtration system directly from the tank cars.Also,the recommended bid is a firm price whereas the Thompson bid is subject to fluctuation. The 4.3% difference in the bids could easily be offset by price increases. It is further recommended that 68 tons of anhydrous ammonia continue to be purchased from the present supplier, Sure -Grow Solutions, Inc. of Taft, Texas for $250 a ton since no bids were received on this item. This is an increase of $25.00 a ton for approximately 11% increase. However, this supplier has not increased prices for the past two years. Minutes Regular Council Meeting August 15, 1979 Page 18 Motion by Best that Item "a", as amended, be approved; seconded by Zarsky; and passed unanimously. Mayor Jones recessed the Regular Council Meeting at 4:37 p.m. in order to convene the Special Council Meeting, scheduled for 3:30 p.m., to conduct public hearings on zoning cases. * * * * * * .. .. .. ,. * is * .. * * Mayor Jones reconvened the Regular Council Meeting at 5:20 p.m. and called for the remainder of the City Manager's Reports. City Manager Townsend presented the following items with related comments and explanations and recommended that: b. A lease renewal be approved with the Federal Aviation Administration for 325 square feet on the third floor of the old control tower at the International Airport for July 1, 1979 through September 30, 1984 at an annual rent of $1,251.25 or $3.85 per square foot per year. The space is used by the Airways Facilities Sector of the FAA. The rent includes janitorial costs and utilities. c. Supplemental lease agreement number 2 to the Federal Aviation Administration lease of space in the Tower Addition at the Inter- national Airport to reduce the amount of unfinished space leased on the second floor by 1,263 square feet be approved. This space has been leased to the National Weather Service. The Weather Service has refurbished the space and pays rent of $4.46 per square foot per year. The FAA paid $1.76 per square foot per year on unfinished space resulting in an annual rental increase to the City of $3,410.10. d. The following actions be taken in connection with the Access to Older Neighborhoods Street project: 1. The preliminary assessment roll of $52,391.62 for 30 items be approved, including: (a) Driscoll Drive, from Agnes Street to Kenwood Drive; (b) Bluebonnet and Kenwood Drives, from Driscoll Drive to Longview West; (c) Villa Drive, from Baldwin Boulevard to Quaile Drive. 2. A public hearing on the assessments be held on September 12, 1979 at 3:00 p.m. in the City Council Chambers. Bids were received on August 1, 1979. The low bid was submitted by King Construction Co. for $195,942.85. This project was included in the 1977 bond election to improve entrances into established neighborhoods. e. The following actions be taken on the H.E.B. Park and Tennis Center Expansion project: 1. A contract be awarded to APCCO for $428,200.20 and $450,000 be appropriated, including related expenses. 2. Preliminary assessment roll for sidewalks on Shely Street be adopted and a public hearing be held September 12, 1979 in the Council Chambers. Minutes Regular Council Meeting August 15, 1979 Page 19 The project includes construction of 8 lighted tennis courts; parking lots for 184 vehicles; relocation of Shely Street; construction of a volleyball court; 3 shuffleboard courts and related work; and sidewalk improvements on Shely Street from Ayers to the H.E.B. Tennis Center. All work except the Shely Street relocation and sidewalk is being funded with a 50% grant from the Heritage Conservation and Recreation Service and bonds from the 1977 election. f. Alternative sidewalk plans, consistent with the proposed amendments to the Platting Ordinance, be approved in lieu of sidewalk construction required by the Platting Ordinance for the following subdivisions wherein the owner has requested a waiver of all sidewalk construction: (a) Whelan Tract Units 2 and 3 (b) Sunbelt Industrial Park (c) Greenwood Industrial Tract (d) Saratoga Industrial Tract. g. A public hearing be held on August 29, 1979 for the contractual annexation of Club Estates Unit 4 located generally south of Saratoga between Everhart and South Staples. h. That the following additional work be authorized, subject to approval from the Environmental Protection Agnecy for the Westside Wastewater Treatment Plant: 1. Replacement of the steel cover and return gas mixing equipment of the 70 foot diameter primary digester ($147,850.) 2. The engineering contract with McCaughan, Etheridge and Webb be amended to include this additonal work ($12,180.) 3. Time for completion be extended an additional 210 working days to allow for approvals, verification, and installation of equipment and roof. No appropriation is requested at this time. The project will be submitted for appropriation after approval by the Department of Water Resources and the Environmental Protection Agency. i. An application be submitted through the Heritage Conservation and Recreation Services to the General Services Administration to acquire an additonal portion of Rodd Field which has been declared surplus property. The additional portion consists of 9.25 acres, is located between the two tracts which the City will receive on August 22, and contains a hangar. City Manager Townsend explained that the City had been previously advised that proposals for acquisition of this hangar could not be submitted; the City later learned that the land on which the hangar was located was being bid on; and the City would like to submit a proposal for this land to the federal author- ities when they are in the City next Wednesday for the purpose of conveying the other land at Rodd Field to the City of Corpus Christi. Minutes Regular Council Meeting August 15, 1979 Page 20 j. A hearing be held on September 5, 1979 on the request that the Platting Ordinance be amended to not require the following park dedications: (1) A 3.66 acre park on the preliminary plat of Solar Estates, Units 5 and 6. The subdivision is located between Interstate 37 and Leopard east of Rand Morgan Road and (2) Dedication of a 6.141 acre park on the final plat of Lots 2 through 21, Block 6, Roblex Industrial area. The area is located east of Flato Road and south of Agnes Street. These requests were submitted as appeals from the Planning Commissions decisions but are actually requests to amend the Platting Ordinance. k. A grant application be submitted to the Heritage Conservation and Recreation Service for a grant application under the Urban Park and Recreation Recovery Act for improvements at Ben Garza and T. C. Ayers Parks. Improvements at Ben Garza will include renovation of the softball field, gym and picnic units; construction of an outdoor basketball/tennis court; paving of the parking area; and construction of a soccer/football field on the adjacent former Southgate school property. Improvements to T.C. Ayers Park will consist of renovation of the softball field; basketball/tennis courts; recreation center and playground and installation of picnic areas.The total cost will be approximately $273,000 with 70% being federal and 30% local. 1. A public hearing be held at 2:00 p.m. during the Council Meeting on September 19, 1979 on the proposed 50f fare for the elderly and handicapped van service and third reading of the ordinance establishing the fare be postponed until after the hearing. The fare would not apply to senior citizens traveling to and from Senior Community Centers for the meals program, medicaid recipients (the cost of whose transportation is paid by the Texas Department of Human Resources), or handicapped persons who are physically unable to utilize regular bus transportation. The Urban Mass Transportation Administration requires that a public hearing be held prior to any change in transportation fares or service. Mayor Jones noted that it was suggested by one of the citizens who spoke in regard to the proposed fare that the charge be established as 25C rather than the 50C. He suggested that this reduced charge might be considered for the van service. After a short discussion, it was the consensus of the Council that the 50C fare would be the appropriate charge. m. The City participate with various other cities in hiring consultants to represent the cities before the Public Utility Commission on a rate request by Southwestern Bell. The firm of Touche Ross & Company and City attorneys from three major cities in addition to the TML Utility Consel will prepare a case before the Commission. The City's pro rata cost will be approximately $4,090.50 based on 2C per capita in the 1970 census. n. The City participate in the Texas Municipal League Board's retaining of the law firm of Fulbright & Jaworski to represent Texas cities in a case filed by U. S. Steel Corporation on December 6, 1978 in Travis County District Court asking the court to find the Texas cities sales and use tax unconstitutional. Corpus Christi's pro rata share of the estimated cost for the legal services is $4,609.50 based on the City's 1978 sales tax allocation. Minutes Regular Council Meeting August 15, 1979 Page 21 Mayor Jones called for comments from the audience on the City Manager's Reports. Mr. H.C. "Tony" Heldenfels, referred to Item "f" (a), and expressed the opinion that in this particular subdivision, there is no reason to install side- walks, noting Whelan Tract Units 2 and 3 are adjacent to Navigation Boulevard, on which there are no curbs and gutters. Mr. Heldenfels stated that he was informed by Mr. Lontos that sidewalks can be installed even though curbs and gutters do not exist, but he questioned how the proper location of sidewalks could be determined. He informed the Council that these subdivisions have been delayed for eleven months because the developers requested a waiver on the sidewalks in these subdivisions. He explained that this is the usual procedure when platting industrial subdivisions because there are no exemptions in the platting ordinance; the developers include sidewalks on their plats; and then ask for a waiver for the sidewalks. Mr.Edgar Moore, 3833 Apollo, stated that he is in the process of developing some small subdivisions; he and Mr. Gene Urban are developing Saratoga Industrial Tract; they also submitted their plans with sidewalks included; and when they requested a waiver of the sidewalks, they were told that they would have to wait. Mr. Moore stated that he had already entered into contracts with various individuals with the understanding that the sidewalks would not be required and informed the Council that there are a number of builders in the same situation. Council Member Turner inquired about the staff's opinion in regard to having sidewalks in industrial areas. City Manager Townsend stated that the only reason they might be needed is to provide walkways for children going to and from school; they provide a safe haven for people or employees who are walking from a parking area; and expressed the opinion that if the Council feels that sidewalks should not be required in indus- trial subdivisions, then the ordinance should be changed. Mr. Harold Shearer, representing the developer of Greenwood Industrial Tract, agreed that the developers of industrial subdivisions always prepare their plats according to the Platting Ordinance and include sidewalks on their plats, and sub- sequently, ask for waivers. He stated that they submitted plans for this particular Minutes Regular Council Meeting August 15, 1979 Page 22 subdivision on November 21, 1978; they sent a letter requesting the usual sidewalk waiver; the subdivision has been completed now; and they still have not received the waiver. Mr. Shearer expressed the opinion that this is an unfair way to con- duct business and requested that the developer's requested waiver of sidewalks be granted. Mr. Gene Peeples, 310 Palmetto, spoke specifically in regard to (b) Sunbelt Industrial Park and expressed opposition to the installation of any sidewalks in this subdivision which adjoins Baldwin Boulevard. He noted that improvements for this street were included in the 1977 Bond Election; most of the area adjacent to this street is developed as "1-2" or "I-3" and contended that sidewalks are not needed on this street. Council Member Turner expressed the opinion that the sidewalks would improve the aesthetics of the area, and if they are not required, suggested that planted areas be required. Mr. Peeples expressed the opinion that the plan for sidewalks is unreason- able, and the cost for installation would be approximately $23,000. Mayor Jones inquired of Mr. Peeples if his plan for this industrial subdi- vision had included sidewalks, and Mr. Peeples replied affirmatively, because this is the usual procedure, and their plans included sidewalks on Sunbelt Drive. City Manager Townsend noted that there is no recommendation for sidewalks to be located on the periphery streets of this subdivision. Council Member Turner noted that many of the people speaking in regard to the sidewalk waiver requests for these industrial subdivisions mentioned the delay in receiving the waivers and inquired as to who is responsible for responding to these developers. City Manager Townsend explained that these developers have just submitted a letter requesting the sidewalk waivers with no support material. He agreed that in the past, this may have been the usual procedure, but the staff feels that some amendments should be made to the Platting Ordinance. Mr. Mark Bratton, developer of Nottarb Place Unit 3, stated that plans and specifications have been submitted on this subdivision; Nottarb Place Units 1 and 2 did have waiver of sidewalks; and he indicated that he would like to know the status of this subdivision. Minutes Regular Council Meeting August 15, 1979 Page 23 Further discussion followed. Motion by Zarsky that the Council waive the sidewalk requirements in the subdivisions listed and all other subdivisions on which final plats have been approved by the Planning Commission as of today; and that the Planning Commission be instructed to provide the Council with a recommendation in regard to the sidewalk regulations in industrial subdivisions; seconded by Diaz. Mayor Jones expressed the opinion that the Platting Ordinance should be amended so that sidewalk waivers are not required in industrial subdivisions. Mayor Jones called for the vote on Mr. Zarsky's motion, and it passed unanimously. Council Member Turner stated that she felt that the Council should have a recommendation from the Planning Commission as soon as possible. There were no further comments on the City Manager's Reports. Motion by Sample that the City Manager's Reports, Items "b" thru "n", with the exception of Item "f" which had already been acted upon, be accepted; seconded by Diaz; and passed unanimously. Mayor Jones called for the ordinances. City Manager Townsend briefly explained the ordinances, other than those listed as "a" and "b" which had pre- viously been passed. There were no comments from the audience on the ordinances. City Secretary Read polled the Council for their votes, and the following ordinances were passed: FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAL AGREEMENT NO. 2 TO LEASE NO. DOT-FA76SW-1197 WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION, TO REDUCE THE RENTAL PAID ON UNFINISHED FLOOR SPACE ON THE THIRD FLOOR OF THE CONTROL TOWER ADDITION AT CORPUS CHRISTI INTERNATIONAL AIRPORT BY DELETING 1,263 SQUARE FEET OF UNFINISHED SPACE FROM THE LEASE; ALL AS MORE FULLY SET FORTH IN THE SUPPLEMENTAL AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The foregoing ordinance was read for the first time and passed to its second reading by the fallowing vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE LEASE NO. DOT-FA79SW-1076 WITH THE UNITED STATES GOVERNMENT, DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION FOR THE USE OF 325 SQUARE FEET OF SPACE ON THE THIRD FLOOR OF THE TOWER BUILDING AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT FOR A TERM BEGINNING JULY 1, 1979; ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH 1S ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". Minutes Regular Council Meeting August 15, 1979 Page 24 The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye" ORDINANCE NO. 15056: APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: 1. Driscoll Drive, from State Highway 44 (Agnes Street) to Kenwood Drive; 2. Bluebonnet and Kenwood Drives, from Driscoll Drive to Longview West; 3. Villa Drive, from the Baldwin Boulevard to Quaile Drive. DETERMINING AND FIXING ABUTTING PROPERTY, THE DETERMINING THE NECESS ORDERING AND SETTING A COUNCIL CHAMBERS, CITY TO GIVE NOTICE OF SAID CHARTER OF THE CITY OF THE PORTION OF SAID COSTS TO BE PAID AND ASSESSED AGAINST PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; ITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; HEARING TO BE HELD SEPTEMBER 12, 1979 at 3:00 P.M., IN THE HALL, 302 S. SHORELINE, IN THE CITY OF CORPUS CHRISTI, TEXAS, HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15058: APPROVING AND ADOPTING THE WRITTEN STATEMENT OF THE DIRECTOR OF ENGINEERING AND PHYSICAL DEVELOPMENT, SHOWING ESTIMATES OF THE VARIOUS COSTS FOR THE IMPROVEMENT OF THE FOLLOWING STREETS IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS: H.E.B. PARK AND TENNIS CENTER AREA Shely Street, from Churchill Drive to Ayers Street; DETERMINING AND FIXING THE PORTION OF SAID COST TO BE PAID AND ASSESSED AGAINST ABUTTING PROPERTY, THE PORTION THEREOF TO BE PAID BY THE CITY OF CORPUS CHRISTI; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY; ORDERING AND SETTING A HEARING TO BE HELD ON SEPTEMBER L2, 1979, AT 3:00 P.M., IN THE CITY COUNCIL CHAMBERS, AT CITY HALL, 302 S. SHORELINE, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". THIRD READING - ORDINANCE NO. 15059: AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, 1976 REVISION, AS AMENDED, BY AMENDING CHAPTER 36, PARKS, RECREATION, CULTURAL AND LEISURE TIME ACTIVITIES, ARTICLE II. COLISEUM AND EXPOSITION HALL, BY ADDING A NEW SECTION, 36-27A, ADOPTING REGULATIONS FOR THE DISPLAY OF FIREARMS AT GUN SHOWS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PUBLICATION. The foregoing ordinance was read for the third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting August 15, 1979 Page 25 THIRD READING - ORDINANCE NO. 15060: 976 AMENDING CODE MAANCES, CITY ARINA, SECTIONF12-61,""RATESTANDIRENTALVFEESNFORSUSEEOFED, DRY ONEPDOLLAR($1)SPEREMONTHHANDLE GEARDBOXGRATESOBYI"FIFTYRCENTSG(50C)BPERHRATES BY MONTH; SPECIFICALLY AMENDING ORDINANCE NO. 13889, SECTION 1, PARAGRAPH (2), (f) AND (j), 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 third time and passed finally by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15061: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH ASPHALT PAVING & CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE N.E.B. TENNIS CENTER EXPANSION AND IMPROVEMENTS, AND THE SHELY STREET REALIGNMENT PROJECT, APPROPRIATING A TOTAL OF $450,000 AS FOLLOWS: $73,080 FROM THE NO. 220 STREET BOND FUND OF WHICH $69,592.45 I5 FOR CONSTRUCTION AND $3,487.55 IS FOR ADDITIONAL ENGINEERING, CONTINGENCIES AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 220-77-23, SHELY STREET REALIGNMENT: $376,920 FROM THE NO. 291 PARK BOND ($159,210 OF WHICH AMOUNT IS FROM THE BUREAU OF OUTDOOR RECREATION, HERITAGE CONSERVATION AND RECREATION SERVICE GRANT NO. 48-00605 AND $11,000 OF WHICH IS FROM THE THIRD YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, NO. 162, ACTIVITY 4736, CODE 502), OF WHICH APPROPRIATION $358,607.75 IS FOR CONSTRUCTION AND $18,312.25 IS FOR ADDITIONAL ENGINEERING, CONTINGENCIES AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 291-77-7.1, H.E.B. TENNIS CENTER EXPANSION AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15062: AUTHORIZING THE CITY MANAGER TO EXECUTE ALL DOCUMENTS NECESSARY TO APPLY FOR 9.25 ACRES OF FEDERAL SURPLUS PROPERTY, SPECIFICALLY AS DESCRIBED IN EXHIBIT A. FROM THE GENERAL SERVICES ADMINISTRATION AS PUBLIC USE LAND; AND AUTHORIZING THE APPLICATION FOR SAID PROPERTY FROM THE GENERAL SERVICES ADMINISTRATION THROUGH THE HERITAGE CONSERVATION AND RECREATION SERVICE, THE CONTIGUOUS 9.25 ACRES TO 126.97 ACRES PREVIOUSLY ACQUIRED FROM THE GENERAL SERVICES ADMINISTRATION KNOWN AS RODD FIELD, LOCATED IN THE COUNTY OF NUECES, STATE OF TEXAS; CERTIFYING THE ELIGIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FEDERAL SURPLUS LAND; DESIGNATING THE CITY MANAGER AS RESPONSIBLE OFFICER FOR THE PROJECT AND AUTHORIZING HIM TO EXECUTE ALL DOCUMENTS NECESSARY TO PAY THE ADMINISTRATIVE EXPENSES INCIDENT TO THE TRANSFER, AN DESIGNATING THE FINANCE DIRECTOR AS FISCAL OFFICER FOR THE PROJECT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". ORDINANCE NO. 15063: AUTHORIZING APPLICATION FOR FINANCIAL ASSISTANCE FROM THE HERITAGE CONSERVATION AND RECREATION SERVICE TO REHABILITATE FACILITIES IN BEN GARZA AND T.C. AYERS PARKS; CERTIFYING THE ELIBILITY OF THE CITY OF CORPUS CHRISTI TO RECEIVE FINANCIAL ASSISTANCE DESICER THEIFINANCE DIRECTOR ASNFISCAL NAGER SOFFICER SFOR ETHE FPROJECT; AND DECAND THE PRJECT, LARINGAN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Sample, Best, Diaz, Dumphy, Turner and Zarsky voting "Aye". Minutes Regular Council Meeting August 15, 1979 Page 26 ORDINANCE NO. 15064: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION, PURSUANT TO COLLECTIVE BARGAINING NEGOTIATIONS, THE TERMS, CONDITIONS AND PURPOSES BEING MORE FULLY SET FORTH IN THE SAID CONTRACT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote• Jones. Sample, Diaz and Zarsky voting "Aye"; Best, Dunphy and Turner voting "Nay". Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mr. Jesse Suarez, 3001 David, displayed a drawing of his property along the expressway and inquired about the possibility of constructing a six-foot concrete fence. City Manager Townsend explained the view obstruction ordinance and the reasons for its enforcement. He stated that the City has received requests from Mr. Suarez and from property owners at South Shore Estates for a waiver of this view obstruction ordinance. He stated that because of the possibility of traffic hazards, the staff does not recommend these waivers and expressed the opinion that this should be discussed by the Council further. Mayor Jones informed Mr. Suarez that the Council cannot take any action on his request today but assured him that he will investigate his property so that he will be aware of its location and whether or not such a fence would present a traffic hazard. There being no further business to come before the Council, on motion by Sample, seconded by Best, and passed unanimously, the Regular Council Meeting was adjourned at 6:55 p.m., August 15, 1979.