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HomeMy WebLinkAboutMinutes City Council - 01/20/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING JANUARY 20, 1982 2:00 P.M. PRESENT: Mayor Luther Jones Mayor Pro Tem Betty N. Turner Council Members: ** Jack K. Dumphy Bob Gulley * Herbert L. Hawkins Dr. Charles W. Kennedy Cliff Zarsky Acting City Mgr. Ernest Briones City Attorney J. Bruce Aycock Acting City Secretary Dorothy Zahn Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by Reverend George Dawson of St. Martin's Episcopal Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Charles Kennedy. • Acting City Secretary Dorothy Zahn called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of a proclamation proclaiming January 24, 1982 as "FATHER EZEQUIEL DAY". ********* Mayor Jones called for confirmation of actions taken during the Workshop Meeting of January 20, 1982 as follows: 1. The Arts Council be approved to sponsor the relocation and restoration of the Merriman-Bobys House, subject to an acceptable lease. * Council Member Hawkins arrived at the meeting at 2:10 p.m. Motion by Council Member Zarsky that the foregoing action be confirmed, seconded by Mayor Pro Tem Turner, and passed by those present and voting. 2. The appointment of Mr. Roger L. Pearson to the position of Library Director be confirmed. MJ.CQOFILMED SEP 1 9 1994 Minutes Regular Council Meeting January 20, 1982 Page 2 Acting City Manager Briones stated that he would like to include the effective date of April 1, 1982 to the above. Motion by Council Member Gulley that the foregoing action be confirmed, seconded by Zarsky and passed by the following vote: Jones, Turner, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Dumphy, absent at the time the vote was taken. 3. The invoice of $3,725.41 submitted by Dr. Wasson for interviewing the City Manager candidates be paid. Mayor Luther Jones stepped down from the chair temporarily to be able to make the motion that the foregoing action be confirmed, seconded by Council Member Hawkins and passed by the following vote: Jones, Turner, Gulley and Hawkins voting, "Aye"; Zarsky, "Nay"; Dumphy and Kennedy, absent at the time the vote was taken. ********* Mayor Jones called for the City Manager's Reports. Acting City Manager Briones presented the following items with related comments and explanations and recommended that: Plans and specifications be approved for the Hurricane Allen Bayfront Parks Restoration project and bids be received February 17, 1982. The project provides for restoring to pre -hurricane condition portions of Cole, Ropes, Doddridge, Palmetto and Poenisch Parks. Restoration would include replacement of embankment, topsoil, sprinkler systems, bikepaths and concrete slope protection. The estimated cost of this project is $500,000, 75% of which should be reimbursed through FEMA. The local portion is available in the Park Bond Fund. 2. A contract for $35,000 be awarded to Gulf Coast Construction Company for the construction of the Parker Park Shelter in Flour Bluff. Seven bids were received January 13, 1982. An 1,800 square foot open shelter with a barbecue pit area will be constructed in Parker Park at the intersection of Waldron Road and Graham Road. An appropriation of $40,000 is recommended for the contract award, legal advertising and related expenses from the 6th year Community Development Block Grant. 3. Condemnation be approved for the acquisition of Parcels 11, 12, and 13 for the Wooldridge -Staples Drainage Outfall Project. These parcels are owned by Mr. and Mrs. Joe B. Hunt. Negotiations have been unsuccessful. The property consists of three lots and is located on Sandra Lane. A tes alar Council Meeting January 20, 1982 Page 3 4. An amendment to the Step 1 planning grant for the Allison Wastewater Treatment Plant be submitted to the Texas Department of Water Resources which provides for an archeological examination to determine the extent of prehistoric occupation. A staff archeologist has conducted a reconnaissance of the area of proposed plant expansion and discovered several bison teeth and cow bones. Examination will include shovel probes and controlled excavation of small holes and pits to determine whether evidence of prehistoric habitation is present and to evaluate the significance of the site. All Step 1 work has been completed by the City's consultant, Urban Engineering, and is being reviewed by the Texas Department of Water Resources prior to application for a Step 2 (design) grant. The site is located along the Nueces River northeast of the intersection of Violet Road and Leopard Street. Total cost is estimated at $9,059, of which EPA will pay 75% and 25% will be funded from 1977 bonds. E.P.A. requires an archelogical investigation when there is evidence of prehistoric occupation. An appropriation of $9,059 is needed from the Sanitary Sewer Bond Fund. Council Member Kennedy objected to the Environmental Protection Agency's requirement that will force the City to pay 25% of the archelogical investigation. 5. The following actions be taken on the Carroll Lane Paving Assessment Hearing which was held January 13, 1982. a. The public hearing be closed. b. Recommendations made by Mr. Bill Holly relative to odd -shaped lot adjustments for Items 2, 21, 22 and 39 providing for a total reduction of $209.20 be approved. c. Staff recommendations for sidewalk, curb and gutter and driveway credits for Items 4, 5, 6, 11, 12, 15, 17, 18, 19, 89, 90 and 92 providing for a total reduction of $5,619.17 be approved. d. All assessments on Items 99 through 106 assessed at $2.38/L.F. be reduced to zero as these properties are plat restricted from access to Carroll Lane. These reductions total $1,498.85. e. The assessment roll providing for 120 items for both the Carroll Lane and Mulberry Street Improvements with a value of $121,635.15 be approved. Construction has begun on this 1977 bond project wherein Carroll Lane will be reconstructed from South Staples Street to Gollihar Road and from South Padre Island Drive to Tiger Lane, and Mulberry Street will be reconstructed from Carroll Lane to Willow Street. The project is jointly financed by the City and State Department of Highways and Public Transportation under the Urban Systems Program. The total project cost is $1,155,774.07 with the State and Federal portion being $690,674.07 and the City's excluding assessments $350,792.07. Mayor Jones stated that after visiting with three property owners in connection with this assessment whose properties do not have access to Carroll Lane, he is of the opinion that he could not recommend that all credit be allowed them even though they do not want access to Carroll Lane. Minutes Regular Council Meeting January 20, 1982 Page 4 Council Member Zarsky stated that he did not think that they should be charged for the curb assessment at all since they have been previously charged and the property owners will not be deriving anything from it and is of the opinion that this improvement is for the City's benefit. A motion was made by Council Member Zarsky that the property owners not be charged with curb assessments if they already have curbs; seconded by Mayor Pro Tem Turner. Council Member Hawkins expressed objection to this unless a new policy is set. Council Member Zarsky reiterated that these people had not requested the street improvement and for that reason, he does not feel they should be charged with the assessment. Acting City Manager Briones explained that the approval for the final assessment roll would have to come before them at which time the Council could make any necessary adjustments. Council Member Zarsky then withdrew his motion and Mayor Pro Tem Turner withdrew her second to the motion. 7. A dedication of a right-of-way easement agreement with Mr. David M. Coover, Jr. be approved allowing for the acquisition of a parcel containing 4,542.92 square feet of vacant land for the Kentner Street Improvements from Homecrest Street to University Drive. The agreement will provide that when Kentner Street is paved the abutting property owner will be required to pay the paving assessment in accordance with the City assessment policy. This parcel is located on Kentner Street between University Drive and Claremore Street. One other parcel needs to be acquired for this project. The street improvement was included in the 1977 bond election. 8. A supplemental agreement with the Department of Transportation, Federal Aviation Administration be approved for FAA to release forty parking spaces for use by Corpus Christi International Airport. F.A.A. presently leases 105 parking spaces from the City at an annual rent of $46.59 per space. Annual base rent will be reduced by $1,863.60 per annum for the remaining term of the lease which is nine years. The relinquishment of the 40 spaces will allow the City to use the spaces for employee parking and make possible expansion of the Rental Car return lot into the area presently used for employee parking at an annual rent of approximately double that paid by F.A.A. ates ,.egular Council Meeting January 20, 1982 Page 5 Mayor Luther Jones inquired how many spaces are needed for employees' parking. Acting City Manager Briones replied that the City has had a 15 -year contract with FAA for the rental of the use of the tower and for 105 parking spaces in the area between the tower and the terminal; it has become apparent that FAA does not have a need for all of the 105 parking spaces included in the agreement, therefore, discussion had begun with the former Airport Manager and FAA officials whereby 40 parking spaces would be relinquished from the FAA agreement back to the City, thus making it possible to allow for more employee parking and for expansion of the rental car parking lot. 9. Recommendation of the Bay Drilling Committee that a permit application from Cockrell Oil Corporation to drill a well from an irregular location 14,000 ft. seaward (northeast) of the Corpus Christi State University campus be granted. The well will be drilled as a straight hole to a depth of 10,200 feet. The previously existing Seaplane Restricted Area caused irregular development in this area and there are no regular clusters within one-half mile of the location. No other exceptions to the Bay Drilling Ordinance are requested. Council Member Zarsky inquired if this was a variation from the drilling blocks. Acting City Manager Briones asked Assistant City Manager Bill Hennings to explain. Mr. Bill Hennings displayed a map of the drilling blocks and explained the cluster location is 14,000 feet seaward of the Corpus Christi State University campus; that that well would be drilled as a straight hole to a depth of 10,200 feet; that the previously existing seaplane restricted area caused irregular well development in this area; the nearest regular drill site is 3,000 feet from the proposed location; and that the Bay Drilling Committee had recommended during their December meeting that the proposed irregular drill site be granted. ** Council Member Dumphy arrived at the meeting at 2:30 p.m. 10. A replacement remote air cooled condenser for the Corpus Christi Museum's air conditioner be purchased from the Tom Inglis Company, Corpus Christi, for $10,308.00 based on low bid. Three bids were received. The existing condenser has broken down and cannot be repaired. Minutes Regular Council Meeting January 20, 1982 Page 6 11. A mineral lease for 32.32 acres adjoining the Westside Wastewater Treatment Plant at Greenwood Drive and Saratoga Road be awarded to Forney & Company for a cash bonus of $1,800, annual delay rental of $323.20 for a three-year primary term, and a 20% royalty. Only one bid was received. There is no oil or gas production in this area and the use of the surface for drilling is not permitted. Forney & Company requested that the minerals be leased. 12. The City Code be amended to adopt rental fees for dishes, glasses, and flatware at the Convention Center. The typical cost to rent a place setting would be approximately $1.00. The caterers would be charged a replacement fee for any broken or missing items. The rental fee would be $.09 each for teaspoons, forks, knives, and water goblets, $.10 each for plates and sugar and cream cups, $.15 for coffee or tea cups and saucers and $.50 for coffee pots and pitchers. 13. An insulating pool cover system for Collier Pool, consisting of a stainless steel take up rod be purchased from Persenaire Parks & Playground Products, Houston, for $7,588.64 on the basis of best bid. Persenaire also offered a system utilizing a carbon steel take up rod for $859.25 less, however, it is anticipated that the stainless steel rod will have longer life due to its corrosion resistance. Bids were received from four firms. The pool is operated during winter months and the cover will reduce heating costs. Funds for this project were approved in the 1981-82 budget. Council Member Gulley inquired if the City Staff was going to look into other ways of heating the pool, and Acting City Manager Briones referred to a lengthy report on the materials and stated that the City Staff recommends the same type of pool cover. 14. The award for a twelve months supply agreement for bread and bakery products (approximately 6,500 loaves of wheat bread, 1,000 loaves of french or sour dough, 300 trays of hamburger buns and 450 packages of rolls) be determined by casting of lots. Identical bids for an estimated total of $7,083.50 were received from the Richter Baking Gempa ry and Rainbow Baking Company, both of Corpus Christi. Price comparison shows an increase of approximately 10% over last year's contract. The identical bids are being submitted to the Attorney General for review. Through the casting of lots, it was determined that the bid would be awarded to Rainbow Baking Company. 15. Twelve months supply agreement for approximately 87,500 gallons of milk and 14,000 gallons of buttermilk for the Elderly Nutrition Program be awarded to Preston Dairy Products, Victoria, for $34,510 based on low bid. Bids were received from two firms. Price comparison shows an increase of 6%. 16. Twelve months supply agreement for blueprint service for various City departments be awarded to Ridgway's, Inc., Corpus Christi for an estimated total of $21,900 based on low bid. The low bid is on the basis of a 47% discount off listed prices. Bids were received from two firms. 0 tes lar Council Meeting January 20, 1982 Page 7 17. The Compensation Plan be amended to provide for specific terms and conditions for employment of the City Manager as follows: a. Establishment of an annual salary of $70,000 with an initial evaluation after six months of service and periodic evaluations thereafter. b. Authorizing accrual of 20 working days of vacation per year and establishing a maximum accrual of 40 working days. c. Authorizing the accrual of 10 working days of sick leave immediately upcn assumption of full-time duties. d. Providing for a deposit of $70,000 in a trust fund to be paid to the City Manager upon termination. e. Authorizing the payment of all moving expenses and up to $2,000 for temporary living expenses. f. Authorizing a term life insurance policy not to exceed $50,000.00 face value. Council Member Gulley stated that he had a problem with the wording of item (d) on #17 and wondered how important it is that the City Manager's Report be the same as it is on the ordinance. Acting City Manager Briones explained that there will be two ordinances before them (1) to amend the Compensation Plan and (2) authorizing the trust 'C. fund. Council Member Gulley suggested that on item (d) after "City Manager", strike out the words, "upon termination" and add the phrase, "only if 'terminated by the City Council" so that this would concur with the ordinance. Council indicated their concurrence. 18. The hospital and life insurance contract with the Texas Municipal League Insurance Trust Fund, authorized by Ordinance No. 16781, approved by the City Council on December 23, 1981, be amended to raise the present maximum term on life insurance from $25,000 to $50,000 at employee's sole expense. Acting City Manager Briones stated that the present contract on insurance is $25,000, but in looking into the contract with the insurance company for the City Manager, it was realized that other City employees could benefit from it and be given the option to buy on the same basis as before. 19. Bids be received February 9, 1982 for a 25 ft. by 30 ft. metal building to be erected on Padre Island at the location of the temporary public safety facility for the purpose of providing shelter for public safety equipment. The pole building which was planned for the temporary facility will not meet the Building Code windload requirements. After researching the January 20, 1982 minutes, page 8 is missing from the original document and the microfilm. :es alar Council Meeting January 20, 1982 Page 9 City Attorney Aycock explained the legal aspects of the lawsuit stating that it is now in Judge Yeager's Court in San Patricio County. Mr. Aycock stated that he would like the ;Council's permission to submit the Agreed Judgment to the Court. 23. Specifications be revised to allow the bidding 'of used intermediate size sedans for the Narcotics Task Force with the stipulation that they have been maintained by a single owner and that they have no more than 12,000 miles on them and bids be received on February 9, 1982. The revised specifications will allow firms such as car rental agencies to bid. Other cities such as Dallas, Houston, and San Antonio have been purchasing this type of used vehicle. It is recommended that the only bid received for the purchase of four new additional intermediate sedans for the Task Force of $31,225 be rejected. Only one of the four 1981 model vehicles bid off the lot by Creveling met the minimum specifications of a six cylinder 225 cubic inch displacement engine. The other three vehicles bid were smaller cars with four cylinder engines. Previously, officers assigned to the Task Force used leased vehicles as required by the Task Force grant. Grant funding has terminated and vehicles need to be purchased. Mayor Jones ascertained that no one in the audience wished to address the Council in regard to the City Manager's Reports. Motion by Mayor Pro Tem Turner that the City Manager's Reports, Items 1 through 23 be approved; seconded by Zarsky; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent at the time the vote was taken. ********** Mayor Jones stated that there was a need to confirm the Board and Committee appointments that were made during the morning Workshop Meeting as follows: BUILDING STANDARDS BOARD: Mr. Frank Davila, Attorney TERM TO EXPIRE: 3-03-83 ELECTRICAL ADVISORY BOARD: Mr. Bill Ewing (Commercial Builder) 12-31-83 Mr. Phillip Benavides (Master Electrician) 12-31-83 Mr. Nick Fernandez (Electrical Engineer) 12-31-83 LA RETAMA LIBRARY BOARD: Mr. Joseph E. Gardner, Jr. 11-05-82 Minutes Regular Council Meeting January 20, 1982 Page 10 A motion was made by Council Member Gulley that the foregoing appointments be confirmed; seconded by Hawkins; and passed by the following vote: Jones, Dumphy, Gulley, Hawkins, and Kennedy voting, "Aye"; Zarsky voted "Aye" on all except on the Electrical Advisory Board; and Turner, absent at the time the vote was taken. Mayor Jones announced the following recessed public hearing: Mr. Adolph Wittner, Jr., for change of zoning from "A-2" to "B-5" on Lot 12, Block 13, Central Whart and Warehouse Subdivision located on the north side of Laredo Street approximately 150' east of South Staples Street. At the request of the applicant, the public hearing on this case was recessed on December 9, 1981 until today. The Planning Commission recommends denial. Acting City Manager Briones reviewed the case stating that the applicant's representative had written a letter requesting that this case be recessed to allow him an opportunity to review Mr. Wittner's application to make a presentation and reminded the Council that this was a recessed public hearing so testimony could still be heard. Mr. Briones stated that of the notices of the public hearing, three in favor and none in opposition had been returned and that the Planning Staff and the Planning Commission had recoinmended denial. He then called on Mr. Larry Wenger to explain the case. Acting Director of Planning and Urban Development Larry Wenger displayed a zoning map of the area involved and explained the use in the surrounding area; stated that an extensive study had been prepared for this area; the Plannding Commission had recommended that this area remian "A-2" because of the proximity of high density residential uses.; and if this zoning was granted, this would present an intrusion of commercial zoning into the area. Mr. Wenger added that one of the policies of zoning is to establish compatible zoning to that already in existence. Council Member Zarsky inquired whether a special permit could be granted since this request is not for a new business but for expansion of one that already exists. Acting Director Larry Wenger suggested that the Council consider a special permit with a screening fence so that if the use changes, the property will revert back to "A-2" zoning. utes .gular Council Meeting January 20, 1982 Page 11 Mayor Jones called on the applicant to speak and ascertained that neither he nor the representative was present. Acting City Manager Briones then reviewed the letter submitted by the applicant's representative requesting the recessed hearing and ascertained that a date not been specified for rescheduling of the hearing. Motion by Council Member Zarsky that this hearing be further recessed; seconded by Mayor Pro Tem Turner; and passed unanimously. Mayor Jones next announced the scheduled public hearings on the following: 1. Request of Athena Cablevision of Corpus Christi, Inc. for a converter rental, sale and maintenance rate. Athena has requested that a rate be established in anticipation of the completion of Phase I of the cable system rebuild expanding channel capacity from 12 to 26 by May 1, 1982. Acting City Manager Briones called on Administrative Assistant Rick Mertz to give the presentation. Mr. Mertz explained that Athena Cablevision of Corpus Christi wants to establish more television channels which will require a rental rate and sales price of converters. Mr. Mertz continued by stating that this public hearing is required to allow for these changes. Mr. Mertz quoted Athena's rental rate and sale price for the converter as follow: Converter Type: Set Top Remote with Cord Remote Cordless Rental Fee: 1 Sale Price: $ 2.50 per month $ 4.50 per month $ 5.00 per month $ 58.00 $ 68.00 $126.00 Maintenance $ 1.00 per month (For converters sold by Cable system only) Converter Deposit $30.00 with 6% interest to be refundable Mr. Mertz proceeded to say that this did not preclude the option of a person purchasing a converter from another source; that the Staff has reviewed Athena's request; and also provided information in regard to other cablevision service and the rates they charged. Mr. Mertz summarized by stating that he would suggest a $20 deposit instead of the requested $30; that the company be allowed to sell the converter at cost plus handling because it is his opinion that Minutes Regular Council Meeting January 20, 1982 Page 12 the cost of converters will decrease in the future; and that the City would monitor the company to be sure that the company does• not charge more for the converters. - Council Member Hawkins inquired if any discussion had transpired between the City and Athena regarding the handling of additional complaints or requests for converters and the possibility of increasing the phone calls to the company for this added service. Administrative Assistant Mertz replied that with the new telephone system installed at Athena, the telephone situation has improved tremendously; also, the number of telephone complaints has decreased; and cited some figures provided in a memorandum from Sarah Cole, Administrative Assistant, dated January 18, 1982, in regard to the category of complaint and number of calls for each. Mr. Mertz urged that the Council consider approving the converter, rate so that these will be made available by Athena by May 1st. Council Member Hawkins inquired if there would be a charge for use of a person's own converter, and Mr. Mertz replied that any subscriber has the option to purchase their own converter; there would be no charge made by Athena; and that the request for Athena to provide the converters was made by the City. Mayor Pro Tem Turner commented on the excellent study and outstanding report by Administrative Assistant Mertz and suggested that the $30 fee be reduced and not limit the interest. Mayor Jones then invited Mr. Gary Sbragia, General Manager of Athena Cablevision of Corpus Christi, to speak at this time. Mr. Sbragia displayed the set -type converter and explained that there were many types which vary in price. Mr. Sbragia reiterated Mr. Metz' remarks that Athena does not want to be in the converter business; he expressed appreciation of Council Member Hawkins' comments regarding the telephone calls, but assured the Council that the telephone calls are well maintained; the only other question is what programs are going to be on and that the only thing he can answer is that things are happening too fast but that Athena is doing everything possible to meet and/or exceed the requirements of the franchise with the City. tea .alar Council Meeting Jdnuary 20, 1982 Page 13 Council Member Kennedy inquired as to when all of the channels proposed would be in operation, and Mr. Sbragia replied that they need to have Council's approval of the rates; they plan to start by sections of the City as soon as possible; and assured the Council that they hope to have it in operation by May 1st. Council Member Gulley inquired as to how it would be handled if a person already had remote control Aad Mr. Sbragia replied that the remote control will enter channels 1 through • 12 but if a person does not have the super band channels, then they should have the option of obtaining a remote converter. Mayor Pro Tem Turner inquired of Mr. Sbragia as to how many of the 14 channels proposed within a 12 -month period would be fully programed and Mr. Sbragia replied that all of the stations will be fully programed. - Mayor Pro Tem Turner asked Mr. Sbragia if the franchise permits Athena to sell and service the converters or could Athena contract them through another source. Mr. Sbragia replied that Athena has been looking into this possibility very seriously. Council Member expressed concern in that some of the low-income families may not be able to afford the $30 deposit and Mr. Sbragia replied that he felt the $30 deposit is a reasonable one but would go along with the Council's decision. Mayor Jones called for comments from the audience regarding the matter. Mr. Francis Cawfield, 6210 Boca Raton, addressed the Council as to what he calculated Athena would receive in revenues annually from the rental of the set top converters even with a 30% loss ratio. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Hawkins and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the Staff's recommendation as presented; seconded by Hawkins; and passed unanimously. ********** Minutes Regular Council Meeting January 20, 1982 Page 14 2. Closing a 20 -foot wide dedicated and unopened 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 and Light Company maintains an overhead line in the alley which must be relocated or an easement retained. The applicant has 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. Acting City Manager Briones displayed a transparency of the area involved, located the alley and explained that it was the Staffs recommendation that the alley be closed but with the retention of the easement for utility purposes and that the applicant has agreed to dedicate other portions. Council Member Hawkins referred to a portion of the Code that states that any change in the Master Plan must go before the Planning Commission. Acting City Manager Briones ascertained that it had not been before the Planning Commission and explained that alleys and neighborhood streets are not shown on the Master Transportation Plan; therefore, the residential streets may be closed without consideration by the Planning Commission. Mayor Jones called for comments from the audience. Mr. Bob Hoenscheidt, representing Dr. Donald Hanna and Mr. Richard Grote of Spartan, North Carolina, both property owners in that block, urged approval of this request. Council Member Hawkins again expressed concern that if this matter is not brought before the Planning Commission, the City may find itself involved in a lawsuit. Acting City Manager Briones reiterated that alleys and easements do not go before the Planning Commission before they are closed. Assistant City Manager Tom Utter addressed the Council, stating that the Master Plan which was adopted in 1966 and amended in 1973, did include GulfSpray Avenue and that possibly, it should have been before the Planning Commission. Acting City Manager Briones stated that the City does not consider an alley to be a public way unless it is paved and open for use but that he would be pleased to refer it to the Planning Commission. Motion by Mayor Pro Tem Turner to refer this request to the Planning Commission and a new public hearing be set; seconded by Hawkins; and passed unanimously. • 'es lar Council Meeting January 20, 1982 Page 15 Mayor Pro Tem Turner departed the Council Chambers before the presentation of the next public hearing as she felt this might be a conflict of interest. 3. Closing 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 :if 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. Acting City Manager Briones ascertained that this had not been before the Planning Commission either and suggested that it be referred to them. Motion by Gulley that the foregoing request for public hearing be referred to the Planning Commission; seconded by Hawkins; and passed with Mayor Pro Tem Turner out of the Council Chambers at the time the vote was taken. ********* Mayor Pro Tem Turner returned to the Council Chambers Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinances on the agenda. Mayor Jones called for comments from the audience on the ordinances. Mrs. Joyce Isenberg took exception to the use of the phrase, "and declaring an emergency"; referred to memorandum from City Attorney Bruce Aycock which defined the term, "emergency"; and stated that some of . the ordinances on the agenda should be on three readings. Mrs. Isenberg suggested that the Council find some other term in lieu of "emergency". Council Member Dumphey stated that the Council had asked for a study on how the City is going to define this situation rather than use the term "emergency" and inquired what the status was on this report. . Acting Manager Briones explained that the City is preparing a study whereby the Council can act primarily by motion rather than ordinances. Mr. Clifford Cosgrove, 3202 Olsen, spoke in regard to ordinance #13 stating that he has lived here under every City Manager in this City and has never heard of establishing a $70,000 trust fund and questioned the reason for establishing same for the new City Manager. Mr. Cosgrove also questioned how the money was available, because when the City's budget was being prepared, it was brought out that the City's budget was very tight. Mr. Cosgrove also Minutes Regular Council Meeting January 20, 1982 Page 16 objected to all of the other compensation approved for the new City Manager. Mayor Jones responded by saying that the $70,000 belongs to the City of Corpus Christi now and it will be moved to a trust fund in the City bank; Mr. Martin does not have access to that money unless a future City Council fires him; this Council entered into an agreement with Mr. Martin and these ideas were conditions of employment. Council Member Kennedy remarked that these procedures are becoming more common in the private sector. Mayor Jones stated that he would also like to point out that the City Manager's position is not protected by Civil Service as other city employees are. There were no further comments from the audience on the ordinances; Acting City Secretary Zahn polled the Council for their votes; and the following ordinances were approved: FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY ADDING TO SECTION 36-89 A SUBSECTION N, ADOPTING RENTAL FEES FOR DISHES GLASSES, AND FLATWARE AT THE CONVENTION CENTER. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". FIRST READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, TO LEASE NUMBER DOT-FA76SW-1198, BY WHICH THE 'FEDERAL AVIATION ADMINISTRATION WILL PERMANENTLY RELINQUISH FORTY (40) PARKING SPACES FOR USE BY THE CORPUS CHRISTI INTERNATIONAL AIRPORT AND HENCEFORTH REDUCE THE ANNUAL RENT BY $1,863.60 PER ANNUM FOR THE REMAINING NINE (9) YEARS OF THE LEASE, ALL AS SHOWN IN EXHIBIT "A", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". SECOND READING: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING SECTION 53-252, SCHEDULE III - PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS, BY DELETING THE FOLLOWING: SOUTH ALAMEDA STREET, BOTH SIDES, FROM HOFFMAN STREET TO A POINT 300 FEET SOUTH OF TEXAN TRAIL. SOUTH ALAMEDA STREET, BOTH SIDES, FROM MIRAMAR PLACE TO A POINT 300 FEET SOUTHEAST OF THE INTERSECTION OF AVALON STREET. 1 tes Ilar Council Meeting January 20, 1982 Page 17 SOUTH ALAMEDA STREET, NORTH SIDE, BETWEEN MONTCLAIR DRIVE AND COUNTRY CLUB DRIVE. SOUTH ALAMEDA STREET, SOUTH SIDE, BETWEEN PARADE DRIVE AND OCEAN DRIVE. AND IN LIEU THEREOF ADDING: SOUTH ALAMEDA STREET, BOTH SIDES, FROM SOUTH LOUISIANA PARKWAY TO OCEAN DRIVE. AND AMENDING SECTION 53-253, SCHEDULE IV, STOPPING, STANDING OR PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS, BY ADDING THERETO: BAHAMA DRIVE, BOTH SIDES, FROM WEBER ROAD TO MANHATTAN DRIVE - BETWEEN 9:00 A.M. AND 3:00 P.M. - SCHOOL DAYS ONLY. (First Reading - 1/13/82). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16823: ADOPTING THE NATIONAL ELECTRICAL CODE, 1981 EDITION MAKING IT UNLAWFUL TO UNDERTAKE THE INSTALLATION OF ELECTRICAL EQUIPMENT WITHOUT A PERMIT THEREFOR, EXCEPT AS OUTHERWISE 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, 1982. (First Reading - 1/6/82, Second Reading - 1/13/82). The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". THIRD READING - ORDINANCE NO. 16824: 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". (First Reading - 1/6/82, Second Reading - 1/13/82). The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye" ORDINANCE NO. 16825: AUTHORIZING THE CITY MANAGER TO EXECUTE A MINERAL LEASE FOR DRILLING BLOCK 1599, A 32.32 ACRE TRACT AT THE WESTSIDE SEWER PLANT, TO FORNEY AND COMPANY, AS LESSEE, FOR A THREE YEAR PRIMARY TERM, A CASH BONUS OF $1800, AN ANNUAL DELAY RENTAL OF $323.20 AND A 20 PERCENT ROYALTY, 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"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the :foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, 'pulley, Hawkins, Kennedy and Zarsky voting, "Aye". Minutes Regular Council Meeting January 20, 1982 Page 18 ORDINANCE NO. 16826: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH GULF COAST CONSTRUCTION COMPANY FOR CONSTRUCTION OF THE PARKER PARK PAVILION IN FLOUR BLUFF; APPROPRIATING $40,000 OUT OF THE NO. 162 FEDERAL/STATES GRANT FUND, DEPARTMENT 152, ACTIVITY NO. 807.04, CODE 502, SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT, OF WHICH $35,000 IS FOR THE CONSTRUCTION CONTRACT AND $5,000 IS FOR ADDITIONAL 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, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16827: AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT WITH URBAN ENGINEERING SERVICES TO BE PROVIDED IN CONNECTION WITH THE CITY'S STEP 1 GRANT APPLICATION TO THE ENVIRONMENTAL PROTECTION AGENCY FOR IMPROVEMENTS TO THE ALLISON WASTEWATER TREATMENT PLANT, EPA PROJECT NO. C-48-1457-01, SAID AMENDMENT TO PROVIDE FOR ARCHEOLOGICAL RESEARCH IN THE ALLISON PLANT SITE TO DETERMINE THE EXTENT OF PREHISTORIC HABITATION, ALL AS MORE FULLY SET FORTH IN THE AMENDMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $9,059 OUT OF THE NO. 250 SANITARY SEWER BOND FUND, BOTH IN THE AWARD AND THE APPROPRIATION BEING SUBJECT TO APPROVAL FROM THE TEXAS DEPARTMENT OF WATER RESOURCES AND THE ENVIRONMENTAL PROTECTION AGENCY, APPLICABLE TO PROJECT NO. 250-77-17, ALLISON PLANT IMPROVEMENTS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16828: AUTHORIZING AMENDMENT OF THE HOSPITAL AND LIFE INSURANCE TRUST FUND, AUTHORIZED BY ORDINANCE NO. 16781, PASSED AND APPROVED BY THE CITY COUNCIL ON DECMEBER 23, 1981, SO AS TO RAISE THE PRESENT MAXIMUM TERM LIFE INSURANCE TO $50,000 AT THE EMPLOYEE'S SOLE EXPENSE ABOVE $3,000 COVERAGE, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAID AMENDMENT TO EFFECT THE ABOVE CHANGES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". ORDINANCE NO. 16829: AUTHORIZING EMINENT DOMAIN PROCEEDINGS BY THE CITY OF CORPUS CHRISTI TO CONDEMN FEE TITLE TO A CERTAIN TRACT OF LAND LOCATED IN NUECES COUNTY, TEXAS; DESCRIBING SAID PROPERTY, IDENTIFYING THE RECORD TITLE OWNERS AND CITING ANY OTHER PARTIES WHO MAY HAVE INTEREST OF RECORD, SAID CONDEMNATION BEING NECESSARY FOR THE ACQUISITION OF A PARCEL OF LAND FOR THE WOOLDRIDGE-STAPLES DRAINAGE OUTFALL PROJECT (PARCELS 11, 12, 13); DIRECTING THE CITY ATTORNEY TO INSTITUTE CONDEMNATION PROCEEDINGS AGAINST THE OWNERS, JOE B. HUNT AND WIFE, CLARA M. HUNT, TO CARRY OUT THE INTENTIONS OF THIS ORDINANCE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye". t Min Res Council • Meeting January 20, 1982 Page 19 ORDINANCE NO. 16830: • AMENDING COMPENSATION ORDINANCE NO. 8127 BY ESTABLISHING A NEW SECTION 704 CITY MANAGER COMPENSATION/EMPLOYMENT BENEFITS AS MORE FULLY SET FORTH HEREIN; PROVIDINGFOR A SEVERANCE CLAUSE; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting, "Ayes'. ORDINANCE NO. 16831: , ESTABLISHING A TRUST FUND FOR THE CITY MANAGER OF THE CITY OF CORPUS CHRISTI IN THE AMOUNT OF $70,000 AND APPROPRIATING $70,000 FROM THE GENERAL FUND RESERVE, ACTIVITY' 521.99, CODE 490, ' FOR TRANSFER TO THE TRUST FUND; AND DECLARING AN EMERMGENCY. ...,, d The Charter Rule was suspended and the foregoing ordinance pasysed byar by the following vote: Jones, Turner, Dumphy, Gulley, Aye is - voting, t, ORDINANCE NO. 16832: AUTHORIZING ACCEPTANCE FOR THE KENTNER STREET AND UNIVERSITY DRIVE, EMERGENCY. The Charter vote:uleJone sus Turner, and the P y, Gulley ordinance passed Kennedy and Zarsky voting, "Aye " . ORDINANCE NO: 16833: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: WALDRON ROAD, FROM• 600 L.F. SOUTH OF PARK ROAD 22 TO N.A.S. DRIVE, • AND FINDING AND DETERMINING THAT PROPERTY ABUTTING SAID STREETS WILL BE SPECIFICALLY BENEFITED AND ENHANCED IN VALUE IN EXCESS OF COST OF THE IMPROVEMENTS AND LEVYING AS ASSESSMENT; FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance nnepassed bbyTs the following vote: Jones, Turner, Dumphy, Gulley, Hawkins,y voting, "Aye". ORDINANCE NO. 16834: CLOSING THE HEARING ON STREET IMPROVEMENTS FOR THE FOLLOWING STREETS: a. CARROLL LANE, FROM SOUTH STAPLES STREET TO GOLLIHAR ROAD, • b. CARROLL LANE, FROM SOUTH PADRE ISLAND DRIVE TO TIGER LANE, c. MULBERRY STREET, FROM. CARROLL LANE TO WILLOW STREET, AND FINDING AND DTERMINING THAT PROPERTY' ABUTTING SAID STREETS • IN EXCESS OF COST BE THE (IMPROVEMENTS AND EVYINGHAS ASSESSMENT VALUEANCED IN FIXING A LIEN AND CHARGE, THE MANNER AND TIME OF PAYMENT AND COLLECTION; AND DECLARING AN EMERGENCY. d _ OF A RIGHT-OF-WAY EASEMENT DEDICATION IMPROVEMENTS R BETWEEN 1; AND DECLARING STREET EDECLARINGAN . ...... ..,•^,,, k,s.1.1 :1,:tyk'IS.'4Y:x.A,S 44r h.,Ing r'.'+.0 4"6 Minutes Regular Council Meeting January 20, 1982 Page 20 ,ID 'vif:•z ORDINANCE NO. 16835: AUTHORIZING THE CITY ATTORNEY TO APPROVE, FOR AND ON BEHALF OF THE CITY OF CORPUS CHRISTI, THE AGREED JUDGMENT ' PROPOSED !TO .BE, ENTERED IN THE LAWSUIT STYLED CITY OF ARANSAS PASS V. CITY OF INGLESIDE, CAUSE NO. 21819, FILED IN THE ISTRICT+ COURT OF(4`SAN' PATRICIO COUNTY, TEXAS, INVOLVING THE MATTER OF EXTRATERRITORIAL JURISDICTION IN WHICH THE CITY OF CORPUS CHRISTI WAS AN INTERVENOR, A SUBSTANTIAL COPY OF SAID 'AGREED JUDGMENT, BEING ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and, the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins; Kennedy, and;Zarsky,1 voting, "Aye". r,q1a !J ' b.z ^.n c$16 rU ;Fe•. C'Jy'C';`C.T S`"'• b'iFr� Mayor Jones called for petitions or information frotn.l,the• audience -on :: r 17 T f [vtgl i'l : s!. ::�C 'L8 Cx. matters not scheduled on the agenda. - ti ',''?r11,1/114C 2,;; p ,,sEE1B Mr. Jesse Bond, 4106 Tarpon, stated that an application for a change of zoning at the request of Mr. Calvin Self had been before the City Council on December 23, 1982 and that the' Council had"'`denied the request; but did. approve a special permit for a storage facility. Mr. Bond contended that Mr. Self is in fact, operating a commercial business from this location and objected to this since this is a residential area. Mr. Bond reminded the Council that the Planning Commission had recommended against the change of zoning; the abutting property owners were opposed to,.this request; and they cannot understand why Mr. Self is being allowed to operate a commercial business in d this location. Council Member Dumphy explained to Mr. Bond that a special permit requires that the applicant limit the use to just what the Council agreed to include in the special permit. Acting City Manager Briones pointed out that the ordinance granting the special permit will be before the Council after the submission of an appropriate site plan. Mr. Briones assured the Council that the City will conduct a study on this; a report would be provided the City Council; and that Mr. Bond will be notified when the ordinance will be on the agenda. Council Member Gulley suggested that they discuss the possible lease of the Tourist Building. Acting City Manager Briones explained that he will be out of the City next Wednesday, and he really wanted to speak to the Council in regard to the lease of the Tourist Bureau Building. �r� He explained that he had been in contact with Dr. Tirschwell, who is associated with the company that wishes to lease the building, and he had made some statements that he would like to respond to. Mr. Henry Heffler stated that he is associated with Reef N Beef, Incorporated and that company wishes to lease the Tourist Bureau Building and establish a Howard's Barbecue Restaurant. Mr. Briones stated that the Staff is of the opinion that it would be best for the building to be used as an office building. He explained that the bid invitation did specify office use, which they felt was best for that building. Mr. Heffler continued by stating that they had received and signed a copy of a lease for the building since their bid was more advantageous to the City. Mr. Briones pointed out that the lease will not be in effect until the Council approves it and the City Manager signs it. Assistant City Manager Lontos further explained that the Property and Land Acquisition Office personnel just obtains the signature of the proposed leaseholder before it is presented to the Council for approval. Mr. Heffler further explained that they were of the opinion that since they had signed a lease for the building, it would just be a routine matter for the Council to approve it so that they can move into the building. He pointed out that they had submitted the highest and best bid and they were informed by City Staff members that their bid was the most advantageous for the City; and under that assumption, they began to make plans for use of the building. Mayor Pro Tem Turner stated that evidently, this applicant thought that his bid would be the one recommended for leasing. Mr. Briones reiterated that he felt that the building should be used for office space, particularly, since this type of use can be discontinued easier than a lease with Howard's Barbecue. He stated that if the Council feels that a barbecue restaurant would be in order for this location, then of course, they could approve the lease. Mr. Heffler pointed out that they will not cook any barbecue at this location because, it will be delivered from their Staples Street location. Mayor Jones pointed out that their guarantee on the bid was $725 or 4% of the gross and there is no way that the City can predict how much will actually be made from this. He noted that another firm had bid slightly higher than the $725 guarantee. Minutes Regular Council Meeting January 20, 1982 Page 22 Council Member Gulley pointed out that the same type of lease is in effect between the City and Captain Boomer's Restaurant so there should be no problem with determining what their gross is. He stated that he felt that the barbecue restaurant would be good for the bayfront because there is a need for eating places on Shoreline. He stated that he had no reason not to approve this lease. Mayor Jones pointed out that the Council had discussed creating a Bayfront Commission to control the types of businesses on Shoreline. He pointed out that this is the same kind of eating establishment as Whataburger, which the Council has complained about; and possibly, there will be a very large sign which would not be appropriate for the bayfront. Mr. Heffler assured the Mayor that they will. be glad to work with the Council on the type of sign that is installed. Mayor Pro Tem Turner stated that she is concerned that some of the Staff recommended approval of this bid and indicated to the bidder that it would be approved. Council Member Kennedy suggested to Mr. Heffler that he present to the Council comparable figures of his company's other eating establishments so they can estimate how much the City would realize from such a lease. Mayor Jones stated that if he were the bidder who had bid $802 as a guarantee, he would file suit against the City if he did not obtain the lease. Council Member Gulley pointed out that still another bidder had bid $890 guarantee per month. Mr. Briones commented that Mr. Hopkins, who bid $802 per month, had decided to withdraw his bid. Council Member Zarsky asked Assistant City Attorney Coffin about the clause in the proposed lease that authorizes cancellation of the agreement and Mr. Coffin explained that these lease agreements are prepared by the Property and Land Acquisition Office, and even though he did sign the lease as to proper form, he did not remember exactly what the terms of the lease were. Mr. Coffin then read the lease noting that it specified that the cancellation clause was for 90 days at the option of the City. After researching the January 20, 1982 minutes, page 23 is missing from the original document and the microfilm. January 20, 1982 Page 24 Acting City Manager Briones explained that at the time the transit report was requested, it was also mentioned that a meeting will, be conducted a week before the public hearing and following that Mr. Tom Stewart, Director of Traffic and Transit, will have a great deal of information 1 pertaining to the Transit Division available for the City Council. Assistant City Attorney Coffin explained that the ethics paper that Mr. Hawkins referred to has been drafted but it is being circulated throughout the Legal Department to be sure that all of the attorneys have an opportunity to provide input and this will probably be ready for distribution,to the Council by next week. There being no further business to come before the Council, on motion by Council Member Gulley, seconded by Council Member Dumphy, and passed unanimously the Regular Council Meeting was adjourned at 6:00 p.m. , January 20, 1982.