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HomeMy WebLinkAboutMinutes City Council - 01/06/1982PRESENT: ** MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 6, 1982 2:00 P.M. Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: Jack K. Dumphy Bob Gulley Herbert L. Hawkins, Jr. * Dr. Charles W. Kennedy Cliff Zarsky Acting City Mgr. Ernest Briones City Attorney J. Bruce Aycock City Secretary Bill G. Read In the temporary absence of Mayor Jones, the meeting was called to order by Mayor Pro Tem Betty -N. Turner. -The invocation was given by the Reverend Barcus Moore of St. John's United Methodist Church, following which the Pledge of Allegiance was led by Council Member Herbert Hawkins. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meetings of December 23 and December 30, 1981 and the Special Council Meeting of December 11, 1981 be approved as presented; seconded by Council Member Hawkins; and passed unanimously. Mayor Pro Tem Turner then administered the oath to Mrs. Shelly Hinojosa, a new appointee to the Coastal Bend Consortium Planning Council. ********* Mayor Pro Tem Turner called for confirmation of actions taken during the Workshop Meeting of January 6, 1982. * 1. Discussions be initiated with Nueces County for the City to receive the 2% tax receipts from legalized Bingo games conducted within the City with the City bearing all responsibilities of any type of enforcement need0d With the City also being willing to reimburse the County on a prorata basis for the cost of the election in exchange for authority to levy a gross receipts tax. * See revision of this item on Page 2. meso SOP 191984 des lar Council Meeting ja,tuary 6, 1982 Page 2 Council Member Gulley indicated that he has a problem with the way this item is worded. Acting City Manager Ernest Briones explained that the law provides for the City to receive some of this tax on facilities that are inside the City limits. He agreed that if the County decides to levy the tax, the City will not be able to do so. He pointed out, however, that the City will be required to enforce the law on establishments inside the City limits and the tax receipts would offset some of those expenses. Council Member Gulley suggested that the words, "if the County does not" be inserted after City so that the item will read as follows: "Discussions be initiated with Nueces County for the City to receive the 2% tax receipts from legalized Bingo games conducted within the City if County does not levy the tax. The City will bear all responsibilities of any type of enforcement needed with the City also being willing to reimburse the County on a prorata basis for the cost of the election in exchange for authority to levy a gross receipts tax". A motion was made by Council Member Gulley to approve the revised item, seconded by Council Member Hawkins and passed unanimously. Mayor Pro Tem Turner called for the City Manager's Reports. Acting City Manager Briones presented the following items with related comments and explanations and recommended that: 1. Plans and specifications be approved for the West Oso Outfall Box Culvert Crossing at Old Brownsville Road and bids be received 9:00 a.m., January 27, 1982. The box culvert will be an 8' x 6' structure which will later be supplemented by another box of equal size as the area develops. The City is committed to construct this crossing as part of the agreement with Sitterle approved by the City Council on May 6, 1981. The agreement pertains to the development of a 113 -acre business park bounded by South Padre Island Drive, Bear Lane and Old Brownsville Road. The Sitterle contractor has begun off-site drainage work on the West Oso Outfall Drainage Channel wherein the box culvert will be constructed. The State Department of Highways & Public Transportation has indicated they will construct, steel guard rails at the structure. 2. A contract for $15,173.90 be awarded to DeBer, Inc. for construction of the Airport Ditch Access Ramps. Bids for this 7th Year Community Development Block Grant project were received December 23, 1981. The project provides for the construction of two reinforced concrete access ramps into the concrete lined portions of the Airport drainage ditch for maintenance purposes. An appropriation of $17,500 is recommended for the contract award and related expenses. tes dar Council Meeting )anuary 6, 1982 Page 3 3. The following actions be taken on the Carpus Christi Breakwater and McGee Beach Concession Area project. a. The contractor be granted an extension of 114 days to supplement the allotted 50 -day working time. Delays in material deliveries (treated timber and electrical supplies) and change order work added to the contract warrant the extension. b. The project be accepted and final payment of $28,968.90 be made to the Goldston Corporation. This Hurricane Allen related project provided for concrete and electrical repairs to the north and south breakwater and piping and other repairs to the McGee Beach Concession Stand. By change order, two submerged boats were removed from the Marina, hurricane repairs were made to the City Barge Dock, and the Marina Patrol Boat Dock damaged due to Hurricane Allen was rebuilt. The total work done amounts to $265,020 of which approximately 75% will be reimbursed by FEMA. The local portion came from the Park Bond Fund. The contract was awarded March 4, 1981. 4. The following actions be taken on the Lexington Estates -Mahan Acres Street Improvements project. a. Change Order No. 1 for $31,931.64 be approved representing driveway adjustments, additional driveways constructed at the request of abutting property owners and drainage work required on Kosarek Street. b. An appropriation of $33,498.27 be made for Change Order No. 1 and unit price overruns. c. The project be accepted and final payment of $64,543.31 for a total of $637,455.47 be made to King Construction Co. d. The final assessment roll of $143,729.22 be adopted containing 176 items. This project was funded from 1977 bonds and started in March, 1981. It included the following streets. (1) Brandesky, Cosner and Kosarek Drives, from McArdle Road to South Padre Island Drive. (2) Foley Drive, from Kostoryz Road to Broughton Drive. (3) Hakel Drive, from McArdle Road to Mahan Drive. 5. Parcel 5 containing 1.296 acres of land and a frame two bedroom house with single car detached garage, livestock shed and wood fencing be acquired from Mr. and Mrs. Charlton A. Fairless for the appraised value of $89,101 and $91,500 be appropriated including appraisal services, relocation and closing. This is a partial taking and the acquisition was contingent upon the recent rezoning of the remaining 0.664 acres from "R -1B" to "B-4". The Fairless' own the adjoining two lots to the south which are zoned "B-4". This parcel is located on Airline Road just north of Sandra Lane. This is the third of six parcels to be acquired for the Wooldridge -Staples drainage outfall. The outfall and right-of-way acquisition was approved earlier this year. Council Member Gulley questioned this item and inquired about the disposition of the house that is purchased. Mr. Briones reminded the Council that this had been discussed at length some time ago at which time the Council authorized the acquisition of this land. tes tlar Council Meeting January 6, 1982 Page 4 Mr. James K. Lontos, P.E., Assistant City Manager, explained the procedure followed for the acquisition of this land and stated that the Staff will attempt to sell the house that is on the land. He also referred to the map of the area and stated that it is recommended that the owners of the undeveloped tract of land on the other side of the drainage ditch be required to dedicate right-of-way for that ditch. 6. A 34.1 acre tract fronting on Greenwood Drive and Saratoga Boulevard and being a part of the Westside Wastewater Treatment Plant be leased to Mr. W. E. Brandesky for farming purposes for 4 years and 10 months on an annual crop share rental basis of 1/4 of all cotton and seed and 1/3 of all grain with a $30/acre minimum annual rental. Mr. Brandesky has rented this property from the City since 1967 and the City received $1,380.4 for crop rental share in 1981. 7. An agreement with Bath Electrical Systems, Inc. be approved for the disposal of toxic waste material at the Corpus Christi International Airport. The cost of this disposal is $13,472. As part of the Terminal expansion work now in progress, a 300 KVA transformer must be taken out of service and disposed of. The transformer contains 206 gallons of coolant oil contaminated with polychlorinated biphenyls (PCB's) which must be disposed of in accorance with Environmental Protection Agency guidelines. Disposal involves high-temperature burning of the oil and burial of the transformer in an approved hazardous waste landfill. There are two approved landfills in the nation, although an experimental burn ship was put into operation this month. Funds for disposal are available in the Airport Fund Reserve. Council Member Hawkins inquired about the type of disposal methods to be employed by this company. Mr. Lontos explained that burning is one of the methods required by the Environmental Protection Agency. He assured the Council that this company will assume responsibility for disposal and stated that this is probably the last or the toxic waste material in the City. ** **8. A public hearing be held January 20, 1982 on a closure request to close Gulfspray Avenue from Gulfbreeze Boulevard to North Shoreline Boulevard. This section of Gulfspray Avenue leads to the beach and is located between The Breakers and Las Brisas Condominiums. The closure application has been made jointly by the Co-owners Council of both facilities for security reasons. The staff recommends against the closure because it would restrict access to the beach, would not stimulate redevelopment and would hinder or restrict fire fighting operations at the two high-rise buildings. 9. A public hearing be held February 3, 1982 on the closure of Dune Drive South of Rose Street. This street is currently unimproved and the closure request is made in connection with the proposed development of South Sea Islands Subdivision, Unit 2. The staff recommends the street be closed subject to providing an electrical easement for Central Power & Light Company and subject to replatting of abutting lots. Mayor Pro Tem Left Council Chambers, explaining that there could be a conflict of interest involved. :es lar Council Meeting ja,.uary 6, 1982 Page 5 10. A public hearing be held January 20, 1982 on the closure request of a 20 -foot wide dedicated and unopened public alley in Block 69, Brooklyn Addition. The alley is located on Corpus Christi Beach between Beach Avenue and Reef Avenue. There are no City utilities in the alley nor does there exist any City need for the alley. Central Power & Light Company maintains an overhead line in the alley which must be relocated or an easement retained. The applicant has also offered to make a donation of a 5,138 square foot narrow tract of land in Surfside Boulevard. Acceptance of the donation by the City should be done concurrently with the alley closure. *11. The recommendation of the Electrical Advisory Board be approved that the Electrical Code be updated by adopting the 1981 edition of the National Electrical Code and prohibiting the use of aluminum wire except in large sizes (larger than no. 2 gauge) and in overhead lines. The 1978 edition is presently in effect. It is further recommended that the new code have an effective date of March 1, 1982, and that electrical permit fees be increased 30%. 12. A microcomputer be purchased from Van Horn Office Supply Company, Van Horn, Texas for the Health Department for $2,095 on the basis of low bid. The computer is included in the 1981-82 Budget and will be used for budget, accounting and administrative functions. A computer for the Water Division was also included in the bid invitation. A recommendation will be submitted on this computer after further evaluation of the bids is completed. Three bids were received for the Health Department computer. Council Member Zarsky inquired about the reason the permit rates are recommended for increases. Mr. Bill Hennings, Assistant City Manager, stated that the Staff recommends the increase of 30% and this is just to offset inflation since the last increase. He explained the recommendation of the Electrical Advisory Board on the per square foot rate. He stated that the Staff is of the opinion that 30% recommended is not quite as 'much as the Electrical Advsisory Board had suggested. Council Member Zarsky continued by inquiring about the reason for discontinuing the use of aluminum wire. Mr. Hennings explained that there had been controversy for some time among the members of the Electrical Advisory Board about the use of aluminum wire, and since the price of copper wire is not quite so expensive now, they have recommended the prohibition of the use of aluminum wire except in sizes larger than No. 2 gauge. Council Member Gulley commented that this obviously does not have anything to do with employing additional people in the Inspection Division. He * Mayor Pro Tem Turner returned to Council Chambers 'es .lar Council Meeting )anuary 6, 1982 Page 6 pointed out that Central Power & Light Company uses aluminum wire for their installations, and Mr. Hennings 'explained that the utility companies would not be affected by this prohibition. Mayor Pro Tem Turner called for comments from members of the audience on the City Manager's Reports. She noted that evidently one of the applicants on the request to close Gulfspray Avenue planned to speak, and because of that she departed the Council Chamber since she is Co-owner of two condominiums in The Breakers Condominium. Prior to her departure, she requested that Council Member Zarsky preside. Mr. Bill Dominey, speaking on behalf of the owners of The Breakers and Las Brisas Condominiums, referred to the Staff's objections to this street closure and stated that he would like to amend thieir request slightly to clarify just what they want to do. He stated that in regard to firefighting operations, there are no physical changes that would prevent firefighting equipment from entering the area. Acting City Manager Briones informed Mr. Dominey that if he does, in fact, have a change in his request, the City Staff will be glad to discuss this and if an agreement is reached, the recommendation of the Staff will be presented to the Council at the time of the public hearing. Council Member Zarsky suggested to Mr. Dominey that he discuss this with the Staff. Mayor Pro Tem Turner returned to the meeting at this time. There were no further comments on the City Manager's Reports. A motion was made by Council Member Zarsky that the City Manager's Reports, items 1 through 12, be approved; seconded by Council Member Hawkins; and passed by the following vote: Dumphy, Gulley, Hawkins and Zarsky voting "Aye" on all of the items; Turner voting "Aye" on all of the items with the exception of item 8 on which she abstained; Jones and Kennedy, absent at the time the vote was taken. ********* Mayor Pro Tem Turner announced the public hearing on the following matter: 1. Contractual annexation of a 95.17 acre tract out of the F. J. Smith 225 acre tract north of FM 629 and east of State Highway 77. `es Jar Council Meeting January 6, 1982 Page 7 Acting City Manager Briones informed the Council that this annexation and development has been discussed for several months. He then asked Mr. Tom Utter to explain. Assistant City Manager Utter informed the Council that the Staff had met with the developers, Allied Development Company; they have worked out an annexation contract that has a few problems; the developer has asked that the annexation proceed; but if the problems have not been worked out prior to the time the annexation ordinance is on the agenda, the ordinance will be withdrawn. Mr. Utter explained that the Engineering Department has requested that a lift station site be provided for sewer service; the developer is not willing to dedicate that site; the Engineering Staff is continuing to work on this problem and it is possible that the site will not be required. Mr. Utter then referred to the street problems in the area noting that Wildcat Drive and Teague Lane are included in the 1982 Bond Program. He noted that there are no curbs and gutters at this time and the Staff has requested that the developer either pay one and one-half times, the present assessment rate or the assessment rate at the time the street construction is actually accomplished, whichever is greater. He stated that the developer has agreed to this but would like to annex the property right now and have the option of paying the present assessment rate. Mr. Utter noted that this property presently is outside the City limits; the shopping center to be located there has been planned; and after annexation, City taxes will be collected. Assistant City Manger Lontos explained the cost of the street which will be approximately $110/per square foot and noted that the one and one-half times the present assessment rate represents a compromise. Mr. Utter continued and referred to the drainage plan of this developer which provides for a concrete box. He noted, however, that there is very poor drainage there now and the area where they plan to drain this property is in the expansion area for the 0. N. Stevens Water Plant. He stated that the City Staff has not agreed to the box structure that the developer plans to construct because of the possibility that it would have to be relocated when it is time to expand the 0. N. Stevens Plant. Mr. Utter stated that the Staff recommends that the ordinance authorizing the annexation contract be on a :S . L ar Council Meeting January 6, 1982 Page 8 three -reading basis, and if the problems cannot be worked out prior to the third reading, the annexation procedure will cease. Mayor Pro Tem Turner invited the applicant to speak. Mr. J. W. Gary, Attorney for Allied Development Company, addressed the Council and commented that there is no tract that does not have some problems. He noted that this land is outside the City limits in the Five Points area on the perimeter of the City. He stated that they have worked extensively with the City Staff to try to work out the problems with the sewer line and the water line extension and the real problem is with the streets in the development. He noted that they are also having problems with the drainage and they are attempting to resolve it with discussions with the Staff. He stated that they are trying to work out a permanent solution rather than a temporary one, and they propose to install a drainage facility underneath the highway, the entire cost of which would be about $600,000. Mr. Gary also pointed out the income that would be derived for the City if this property is annexed and the shopping center is constructed. He stated that the City does not think that the water problems can be resolved until after the Transportation Plan has been revised. He explained that the developer wanted the annexation procedures to commence even though all of the problems have not been resolved. Council Member Gulley inquired why this area was omitted from the annexation election, and Mr. Utter stated that at that time, the City was negotiating for the contractual annexation. Mr. Bob Barnes of the Allied Development Company expressed appreciation to the City for commencing the annexation procedure. He agreed that there is a coordination problem, particularly in a shopping center. He stated that the shopping center will be 240,000 square feet and will include four anchor stores. Assistant City Manager Lontos referred to the drainage problem and reminded the Council that at the time the annextion of River Canyon Subdivision came up, people appeared before the Council complaining about the drainage in the area. He stated that he is not sure how it can be worked out, but the Staff is working on a solution. He stated that he has serious problems with the plan to drain the water over to the 0. N. Stevens Water Plant even though this is what the developer and the State Department of Highways and Public Transportation plan to do. es gar Council Meeting January 6, 1982 Page 9 Also speaking in regard to this matter was Mr. Bill Brunson, who stated that he has no monetary interest in this piece of property but he has worked with the developer on other matters and he seems to be very knowledgeable. He urged that the Council support this annexation. Council Member Zarsky noted that obviously there is a good reason why Mr. Lontos does not want to drain the property into the River. Mr. Lontos agreed, stating that the Staff is very concerned that the water should not go above the intake area of the river. He also informed the Council that the cost of draining the entire area would be approximately $1.1 million. Mr. Zarsky noted that this developer is willing to contribute $200,000 for the drainage resolution. He questioned whether this would be feasible engineering wise or monetary wise and Mr. Lontos pointed out that the further up the river the intake is, the more it will cost. He noted that the Staff will continue to work with this developer to resolve the problems. There were no further comments from the audience on this annexation issue. A motion was made by Council Member Zarsky that the hearing be closed; seconded by Council Member Hawkins; and passed unanimously by those present and voting. ********** Mayor Pro Tem Turner announced the public hearing on the following matter: 2. Closing of one foot of a 20 -foot alley at the rear of Lots 33-38, Block 810, Port Aransas Cliffs Addition. A building on these lots encroaches less than a foot into the public alley. The building ownership has recently changed hands and extensive remodeling is planned. The encroachment of the building into the alley must be satisfied for the owners to obtain clear title. It is recommended that one foot of the alley be closed leaving a 19 foot alley to allow the Fire Department access to the rear of the building and for a utility easement. Assistant City Manager Lontos explained the reason for the closing request of a portion of this alley and pointed out on a drawing the encroachment into the alley. Mr. Garron Dean stated that they found the encroachment and agreed to eliminate from the structure the seven feet which extends into the alley because this is a portion of the building that is used for storage for the grocery store tes .lar Council Meeting January 6, 1982 Page 10 on the property. He stated that the owners originally planned to put in a decorative fence, but this would not be permitted since there is an encroachment but stated,- that they would like to put in a fence on the Chamberlain Street side. Mr. Lontos stated that the Staff definitely recommends closing only one foot of the alley because the remainder must be retained for fire protection and utility easement. Mr. Dean agreed to this proposed closing. No one else spoke in regard to this alley closing. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously by those present and voting. A motion was made by Council Member Gulley to close the one foot of the 20 -foot alley at the rear of Lots 33-38, Block 810, Port Aransas Cliffs Addition, as recommended by the City Staff; seconded by Council Member Zarsky; and passed unanimously. * Dr. Charles Kennedy arrived at the meeting at 3:30 p.m. ********** Mayor Pro Tem Turner announced the public hearing scheduled for 3:00 p.m. on the following matter: Assessment roll for the Downtown Curb, Sidewalk, and Driveway Renovation Project. The roll contains 17 items with total assessments of $15,890.61. New sidewalk on portions of Shoreline Boulevard from Park ,Avenue to Hughes Street and new driveways on portions of Mesquite and Taylor Streets are proposed. Mr. Bob Coffin, Assistant City Attorney, conducted the legal portion of the hearing stating that the purpose of the hearing is to provide the Council with information in order for them to make a determination as to whether or not the assessments are comparable' to the enhancement of the property. He called as his first witness Mr. Gerald Smith, P.E., Chief Engineer in the Engineering and Physical Development Department. Through questioning of the witness, Mr. Coffin ascertained that Mr. Smith is a Registered Engineer in the State of Texas; he has been with the City of Corpus Christi for 22 years as Chief Engineer; he obtained his degree in Civil Engineering from the University of Texas at Austin. es .ar Council Meeting January 6, 1982 Page 11 ** Mayor Luther Jones arrived at the meeting at 3:31 p.m. Mr. Smith continued his presentation and stated that he is thoroughly familiar with the property in this area. He displayed a transparency showing the scope of the project and pointed out the'streets to be improved. Mr. Smith indicated to the Council the thirty-six blocks of the downtown area are included in the project for renovation and restoration of the pavement. He informed the Council that also included is replacement of considerable sidewalks on Shoreline Drive on which they propose to construct six-foot sidewalks from the Convention Center to the Holiday Inn on Shoreline. He stated that this sidewalk is an assessment item and there will be only three spots in the major portion of the project on which assessments for driveways will be charged. He testified that the plans and specifications were prepared by the Engineering Department of the City of Corpus Christi; bids were received from six contractors on December 23, 1981; and the low bidder was Civil Construtors, Inc. He also stated that the assessment roll was prepared according to the City's assessment policy and the total cost of the portion of the project on which assessments are levied is $43,087; the 17 parcels on the assessment roll total $15,389.22 and the City's share of this portion of the project is $27,697.78. Mr. Smith stated that the cost of the entire project is $234,024.05 which includes streets to be renovated but which will not include assessments. He stated that the cost of the project will come from the bond fund and noted that the only tax-exempt organizations affected by this project are the Convention Center and the Tourist Bureau. He explained that letters were sent to all property owners in the area, even though they were not subject to the assessments, just to make them aware that the project was being initiated. He informed the Council that 90 working days had been alloted for the construction of the project. Mr. Smith explained the method of payment of the assessments, stating that none of the assessments will be due until the completion of the project, and the property owners may pay in cash or the assessment cost may be paid over a five-year period at an interest rate of 614%. He explained that the property owners did not request these street improvements, but the City has the authority to levy such assessments. BS • .ar Council Meeting January 6, 1982 Page 12 Acting City Manager Briones commented that the voluntary paving program is limited to residential areas. Assistant City Attorney Coffin called as his next witness Mr. W. A. Holly. Mr. Coffin then questioned Mr. Holly and determined that he is a qualified real estate appraiser and broker and that he has been in the City of Corpus Christi since 1929 and in the real estate business since 1934. Mr. Holly testified that he has worked for the City for many years preparing appraisals. He stated that he is thoroughly familiar with the subject project and that he has examined each and every piece of property affected by the improvements. Mr. Holly testified that, in his opinion, each piece of property will be enhanced at least in the amount of the assessment and stated that there are no triangular or irregular shaped lots included in the assessment roll. Mayor Jones called for comments from the audience. Mr. Charles DeCou stated that he is a property owner in the area of the improvements but he has not been assessed anything. He stated that he had just received the notice of the project a day or so ago. He questioned the plan to remove all unused driveways and wondered why his driveway was being removed. Mr. Smith explained that the Staff surveyed the downtown area of the City and in additon to broken sidewalks, there are a number of driveways that are either not used or do not serve any place of business and they recommend that those driveways be torn out. Mr. DeCou informed the Staff and the Council that he planned to construct a parking lot and could use the driveways at his property. Mr. Smith informed Mr. DeCou that the Staff was of the opinion that the width of the driveways in question should be reduced and installed in accordance with the layout of his proposed parking lot. Mr. Jones suggested that Mr. DeCou provide in writing the location of the driveways that he does not want eliminated. Mr. DeCou stated that he has a problem deciding where he wants the driveways located because he is not sure exactly how his parking lot will be designed. He objected to the fact that he was not informed that the City plans to reduce or eliminate the driveways on his property. `es ar Council Meeting �. _ary 6, 1982 Page 13 Mr. Smith reiterated that the letters informing the property owners about 'the project were mailed December 23, 1981. Mr. DeCou informed the Council that he would like to have two 30 -foot driveways on each street adjacent to his property. Mayor Pro Tem Turner stated that she felt that the Staff should be available to talk to Mr. DeCou. Mr. Briones suggested that Mr. DeCou discuss this with Mr. Smith or Mr. Lantos, and Mayor Jones suggested to Mr. DeCou that if they could not work the driveway situation that he appear before the Council again. Mayor Pro Tem Turner suggested that property owners be informed three weeks in advance if their property is going to be affected by a project. Mr. Sam Allen stated that he is a property owner and that he owns two pieces of property on which driveways are to be eliminated. He stated that he did not receive any kind of notification even though the City plans to close two driveways on his property. He also informed the Council that he has plans to redevelop his properties in the near future. He agreed that this is a very good project but objected to the elimination of driveways without consultation with the property owners. A motion was made by Mayor Pro Tern Turner that Mr. Smith prepare some type of policy by which owners are notified well in advance of contemplated projects that affect their property. Council Member Dumphy agreed that it would only be courteous to inform property owners of any project that will affect their property. Council Member Zarsky also referred to other projects on which property owners are not notified such as I zoning, installation of drainage ditches, etc. and stated that he would like to see a list of the type of situations to which this could be applied. Mayor Jones called for the vote on the motion and it passed unanimously. Mr. Ben Wallace, representing the landowner for Blocks 8 & 9, informed the Council that he received notice on Monday in regard to Block 9 but has not received one for Block 8. He stated that his clients plan to construct a hotel in this area; they plan to construct driveways on Blocks 8 & 9; and expressed appreciation that sidewalks are being installed but pointed out that his clients will have to break out the sidewalk for driveway construction. He informed the es lar Council Meeting January 6, 1982 Page 14 Council that his clients are still planning to construct a hotel and an office building but they are attempting to find financing at this time. Mr.' Smith summarized by stating that normally, the Engineering Department recommends that the contract be awarded one week after the assessment hearing; they do not anticipate that the construction will start until the middle of February; and stated that the Staff will be glad to discuss the driveways scheduled to be eliminated with the property owners. No one else spoke in regard to this project. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Kennedy, and passed unanimously. ********** A motion was made by Council Member Kennedy that the Regular Council Meeting be recessed at 4:15 p.m. in order to convene the scheduled meeting of the Corpus Christi Industrial Development Corporation; seconded by Council Member Gulley; and passed unanimously. Mayor Jones reconvened the Regular Council Meeting at 4:20 p.m. and called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda. There were no comments from the audience on the ordinances; Acting i Assistant City Secretary Dorothy Zahn polled the Council for their votes; and the following ordinances were passed: FIRST READING: ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 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. 14420 AS AMENDED; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE FROM AND AFTER MARCH 1, 1962. The foregoing ordinance was read for the first time. and passed to its second reading by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. es .lar Council Meeting January 6, 1982 Page 15 FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT FOR FARMING PURPOSES WITH W. E. BRANDESKY FOR A TERM OF FOUR YEARS AND TEN MONTHS AT A SHARE RENTAL OF ONE-FOURTH (1/4) OF ALL COTTON AND SEED AND ONE-THIRD (1/3) OF THE GRAIN CROPS WITH A MINIMUM ANNUAL GUARANTEE OF $30 PER ACRE, ALL AS MORE FULLY SET FORTH IN THE LEASE 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 following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. FIRST READING: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ALLIED DEVELOPMENT COMPANY, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AFTER THE NOTICE AND HEARING, FOR THE ANNEXATION OF A 45.17 ACRE TRACT OF LAND, MORE OR LESS, OUT OF THE MARIANO LOPEZ de HERRERA GRANT, ABSTRACT NO. 606, AND BEING A PORTION OF THE SAME LAND DESCRIBED IN DEED RECORDS IN VOLUME 272, PAGE 166, OF THE DEED RECORDS OF NUECES COUNTY, TEXAS, MORE PARTICULARLY DESCRIBED HEREINAFTER BY METES AND BOUNDS; FINDING ALL OF SAID LAND TO LIE ENTIRELY WITHIN THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF CORPUS CHRISTI, ADJOINING, CONTIGUOUS, AND ADJACENT THERETO; AND PROVIDING FOR SEVERABILITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. SECOND READING: BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, CALLING AN ELECTION O;N THE QUESTION OF THE ISSUANCE OF BONDS. (First Reading -12/30/81). 1 The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. ORDINANCE NO. 16801: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH DeBER, INC., FOR THE CONSTRUCTION OF THE AIRPORT DITCH ACCESS RAMPS; APPROPRIATING $17,500 OUT OF THE NO. 162 FEDERAL/STATES GRANT, DEPT. 152, ACTIVITY 807.05, CODE 502 (SEVENTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT) OF WHICH APPROPRIATION $15,173.90 IS FOR THE CONSTRUCTION CONTRACT AND $2,326.10 IS FOR ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. ORDINANCE NO. 16802: AUTHORIZING THE CITY MANAGER TO EXECUTE THE NECESSARY DOCUMENTS FOR THE ACQUISITION OF PARCEL 5 FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL - PHASE 1, PROJECT NO. 295-70-66; APPROPRIATING OUT OF '1'11il NO. 295 STORM SEWER BOND FUND, $91,;100 O1" WlliGII $89,101 IS FOR ACQUISITION AND $2,399 IS FOR APPRAISAL SERVIICLS, RELOCATION ANI) INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. tes .lar Council Meeting )anuary 6, 1982 Page 16 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. ORDINANCE NO. 16803: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BATH `ELECTRICAL SYSTEMS, INC. FOR DISPOSAL OF A 300 KVA ELECTRICAL TRANSFORMER AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, A COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AUTHORIZING A TRANSFER OF $13,472 FROM THE NO. 117 AIRPORT FUND RESERVE, ACTIVITY 546.99 TO THE AIRPORT OPERATING BUDGET, DEPARTMENT NO. 365, ACTIVITY 546.31, CODE 345 TO PROVIDE FUNDS FOR THIS AGREEMENT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. ORDINANCE NO. 16804: AMENDING ORDINANCE NO. 15994, PASSED AND APPROVED ON JANUARY 28, 1981, BY AMENDING SECTION 3 OF SAID ORDINANCE SO AS TO ADOPT THE FINAL ASSESSMENT ROLL AND ASSESSMENT LEVIED AGAINST ABUTTING PROPERTY OWNERS ON THE FOLLOWING STREETS: Lexington Estates and Mahan Acres Area 1. Brandesky, Cosner and Kosarek Drives, from McArdle Road to South Padre Island Drive; 2. Foley Drive, from Kostoryz Road to Broughton Drive; 3. Hakel Drive, from McArdle Road to Mahan Drive. AS HEREIN PROVIDED; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. ORDINANCE NO. 16804'k: AUTHORIZING THE CITY MANAGER TO APPROVE CHANGE ORDER NO. 1 IN THE AMOUNT OF $31,931.64 TO THE LEXINGTON ESTATES - MAHAN ACRES STREET IMPROVEMENTS PROJECT, A SUBSTANTIAL COPY OF WHICH CHANGE ORDER IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $33,498.27 OUT OF THE NO. 220 STREET BOND FUND OF WHICH $31,931.64 IS FOR CHANGE ORDER NO. 1 AND $1,566.63 IS FOR UNIT PRICE CONTRACT OVERRUNS, APPLICABLE TO PROJECT NO. 220-77-2.17, LEXINGTON ESTATES - MAHAN ACRES STREET IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Dumphy, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Gulley, absent. Mayor Jones referred to the vendors selling kites in the City and inquired if they needed a permit. es .ar Council Meeting January 6, 1982 Page 17 Mr. Tom Utter explained that the vendors' ordinance recently passed requires that they have a permit dependent upon the number of items that they sell and they must have permission to sell them in various parks. He stated that the kite vendors do have a, current permit for which they paid $25. He explained that they are attempting to limit the number of vendors and to keep the vendors away from businesses that have leases with the City. He stated that most of the vendors' permits have been issued for Cole Park and McGee Beach. He explained that the vendors are not allowed to sell from public streets and rights-of-way because the permits are issued for a specific location or park. Council Member Kennedy referred to the statement received from Dr. Wasson, the Industrial Psychologist who examined the City Manager candidates, and briefly reviewed the statement. He explained that he had discussed this with Dr. Wasson and felt that most of the costs were reasonable except for the charge for attending the reception. He suggested that the entire statement be paid. Council Member Gulley pointed out that Dr. Wasson had charged $100 for his attendance at the Council Meeting which only required about 20 minutes. Mr. Gulley then referred to the reception for which Dr. Wasson had charged $200 and pointed out that it was an impromptu invitation for a social event. He stated that it was' his understanding that Dr. Wasson's fee would be $800 per day. He referred to Dr. Wasson's remark during the Council Meeting that he would be glad to interview additional people at no material increase in cost. He erpressed the opinion that a fee of $2,000 for the services of Dr. Wasson would be fair, even though the Council was under the impression that the total fee would only be $1,600 plus expenses. Further discussion followed and the Council indicated that they would approve Dr. Wasson's entire statement. City Secretary Read suggested that since this item had not been posted for action, it be on the agenda next week for approval. Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. '.es .lar Council Meeting January 6, 1982 Page 18 Mr. Gene Pennebaker expressed concern over the airport security and the checkpoints. He expressed the opinion that the antiquated equipment at Corpus Christi International Airport is very unfortunate. He stated that he hoped that the new equipment would be more satisfactory. Mr. Pennebaker also inquired about the permit process for new buildings and approval of plans before a building is built. Mr. Briones explained that the setback on buildings is controlled by the zoning ordinance and when the plans are submitted to the City, they are reviewed by the Building Division. He explained, however, that the City has no architectural control over the style of buildings. ********* There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Mayor Pro Tem Turner and passed unanimously, the Regular Council Meeting was adjourned at 5:00 p.m., January 6, 1982.