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HomeMy WebLinkAboutMinutes City Council - 02/03/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 3, 1982 t 12:00 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 Manager Ernest Briones City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of of City Hall. The invocation was given by the Reverend Joseph Tanner of St. Paul Methodist Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. City Secretary Read 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 the following proclamations: "CLERGY WEEK - February 6, 1982; "NATIONAL CRIME PREVENTION WEEK" - February 7 - 13, 1982; and "OFFICE EDUCATION ASSOCATION WEEK' - February 7 - 13, 1982. Mayor Jones then introduced Mr. Roger Bateman, 1981 United Way President. Mr. Bateman expressed his appreciation at being invited to attend the meeting. He reported on the successful fund raising drive conducted in 1981 and expressed appreciation for the support of the employees of the City of Corpus, Christi stating that they had contributed over $75,000 to United Way which is a 15% increase over last year. He recognized the City employees who worked on the event for the City as follows: Mr. Rudy Gonzales, Loaned Executive; Leah Olivarri, Chairman; and Mrs. Alicia Perez, Co -Chairman. Mr. Bateman then presented the City's award to Mrs. Olivarri. ********** MICROFILMED SLAP 1 9 1984 Minutes Regular Council Meeting February 3, 1gH2 Page 2 Mayor Jones then administered oaths to newly appointed members of Boards and Committees. Mayor Jones called for appointments to Boards and Commissions and reviewed the appointments discussed during the morning Workshop Meeting. A motion was made by Council Member Gulley that the following appointments be confirmed; seconded by Council Member Dumphy; and passed unanimously: BAY DRILLING COMMITTEE: (Appointed by Mayor & Confirmed by Mrs. Kathy Cable (General Public) - Reappointment Mr. Jim Platt (Oil Industry) Milton R. Seim (Alternate) SENIOR COMMUNITY SERVICES ADVISORY BOARD: Mr. John Ripp Mr. James C. Roberts Mrs. Barbara Alvarez (Reappointment) Mrs. Catherine Chambers (Reappointment) Mr. C. C. Sampson (Reappointment) Mr. Albert Struller (Reappointment) Mrs. John R. Lopez (Reappointment) CITIZENS ADVISORY HEALTH & WELFARE BOARD: Dr. Leslie Archer (joint City -County Appointment) LANDMARK COMMISSION: Mr. Noe N. Guerra MECHANICAL ADVISORY BOARD: Mr. Urban Anslinger (air conditioning) Mr. Valentino Medina (Master Plumber)- Reappointment Mr. Tommy McDonald (Master Plumber)- Reappointment Mr. Jim Grigsby (Mechanical Engineer) - Reappointment Mr. Ralph Morrison (Home Builder) - Reappointment ********* Council) TERM: 12-31-84 12-31-84 12-31-84 12-26-83 12-26-83 12-26-83 12-26-83 12-26-83 12-26-83 12-26-83 11-11-84 11-20-82 1-02-84 1-02-84 1-02-84 1-02-84 1-02-84 * Council Member Cliff Zarsky arrived at the, meeting at 2:20 p.m. Mayor Jones then introduced Judge Gilbert Uresti of Duvall County, who has worked with the Council Members on the CETA Executive Committee of the Coastal Bend Consortium. Judge Uresti explained the cooperative efforts between the City of Corpus Christi and the other entities involved in the CETA program. Mayor Jones complimented Judge Uresti for his efforts to correct many wrongs that previously existed in Duvall County, noting that it is now an outstanding County government. �A1 , Reg.4ar council Meeting February 3, 1982 Page 3 Mayor Jones called for the City Manager's Reports. Acting City Manager Ernest Briones presented the following items with related comments and explanations and recommended that: 1. Plans and specifications for the reconstruction of North Shoreline Boulevard from Canal to Coastal Streets be approved and bids be received March 3, 1982. This 1977 bond project provides for extensive reconstruction and landscaping of North Shoreline Blvd. complete with provisions for parallel and head -in parking on both sides of the roadway. A public meeting was held for the North Shoreline Blvd. project on Corpus Christi Beach on July 9, 1980. Bids were subsequently advertised for this work but the bid date of August 20, 1980 was cancelled due to Hurricane Allen. Mr. James K. Lontos, P. E., Assistant City Manager, briefly described the plans for the reconstruction of North Shoreline Boulevard. He pointed out the various types of parking that would be included as a part of the project and the parking lots that will be constructed to serve the beach. He stated that approximately 129 parking spaces will be available adjacent to the beach. He estimated that the cost of the improvements in 1977 would have been approximately $300,000 but they now estimate that the cost will be almost twice that amount and the additional funds will come from interest earned in the street bond funds. Mayor Pro Tem Turner asked if there was a landscape artist in any of the City departments. Mr. Tom Utter, Assistant City Manager, replied that the City has a landscape architect in the Park Department and there is one in the Planning Department. Mr. Utter also replied to an earlier question in regard to the restrooms on the beach and informed the Council that both restrooms on the beach are open and in use. 2. A revocable easement be'granted to the Exxon Company for the purpose of placing two 6-5/8" diameter pipelines in existing casings in Laguna Shores Road and Graham Road in Flour Bluff. The lines would convey petroleum products from the Exxon Plant on Graham Road. A fee of $84.00 is recommended. 3. A revocable easement be granted to Champlin Trading Company for the installation of ten pipelines crossing Mueller, Huisache, Noakes and Gibson Streets and Poth Lane. Champlin will be constructing the pipelines from the new ,plant under construction on Southern Minerals Road easterly along and within Interstate 37 to the Poth Lane area and the Champlin Plant on Buddy Lawrence Drive. The lines would convey various petroleum products such as naphtha, kerosene, coke, gasoline, gas oil and others. A Federal permit is pending for the Interstate 37 route. A fee of $5,629.27 is recommended for crossing the City streets. Minutes Regular Council Meeting February 3, 1982 Page 4 4. An agreement for $46,600 with Munroe & Bass, Inc. be approved providing for engineering services for additional improvements to the Corpus Christi International Airport. The commercial ramp will be expanded approximately 300 feet to the west to accommodate two parking positions for a 727 aircraft, or equivalent. This would allow expansion of the terminal area in the future and increase of Airport revenue through additional landing fees and rents. Portions of the safety areas for Runways 13 - 31 and 17 - 35 will be filled and graded between the taxiways and runways to enhance the safety of the area. This will reduce the risk of a serious accident in the event an aircraft lost control and ran into the safety area. Ditches in this area are very deep and have large headwalls which rise above the surface. The headwalls will be removed or. altered and a drainage system installed. The FAA has offered a grant of $786,218 for this work which represents 90% of the cost of improvements. Local share will be borne by 1977 bonds. 5. A contract for $39,640 be awarded to E. J. Netek Company for construction of a culvert under Old Brownsville Road. The low bid submitted by Netek totalled $37,540. A change order for $2,100 is recommended to be included in the contract award which adds six linear feet of 8' x 6' precast box necessary to adjust existing utility pipelines. Construction of this culvert will fulfill one of the City's obligations under an agreement with Sitterle Properties regarding development of the Gabriel Terrace/West Oso Drainage Outfall from South Padre Island to Bear Lane. An appropriation of $45,000 is needed from 1977 bonds to include the contract award, engineering and related expenses. 6. The agreement with Mr. Buddy Seeds, developer of Retta Estates Subdivision be amended to defer the construction of a sanitary sewer line in Retta Drive until September 1, 1982. The developer would be required to furnish the City with a $20,000 letter of credit should the City decide to install the line in the event the developer does not. Retta Estates Subdivision is under construction at Retta Drive and Purdue Road in Flour Bluff. The original agreement, approved by the City Council on May 27, 1981, provided for the city and developer sharing the cost of a sanitary sewer line in Retta Drive with the line being installed concurrently with the subdivision. The developer is now developing the subdivision in two units and wishes to defer the line construction. Mayor Jones questioned the delay that would be necessary to install the sanitary sewer line in Retta Drive. He pointed out that the Council had deliberated a long time to resolve this several months ago. Council Member Dumphy agreed that this deferment would delay the sanitary sewer line to serve the residents of Retta Drive and Council Member Zarsky expressed concern that the cost of the line would be increased if it is delayed. City Attorney J. Bruce Aycock provided a legal opinion to the Council and informed them that a letter of credit, which is recommended on this item, does not earn interest and pointed out that sometimes, it is even difficult to collect on such a letter. Assistant City Manager Lontos explained that the City is allowing the developer to develop that back portion of his property and this is just to save him money. Council Member Zarsky suggested that the City be very careful about the Re ..r Council Meeting February 3, 1982 Page 5 bank that issues the letter of credit, and Council Member Dumphey pointed out that bank officials are very careful about letters of credit and they do charge a fee for issuing them. Mr. Lontos stated that he is very reluctant to make this recommendation and he could certainly appreciate the Council's concerns about it. 7. A public hearing be held February 24, 1982 on the closure of Lozano Street south of Industrial Road. This is a 200' length of dedicated but unimproved roadway which also deadends. The request was made by Texas Star Distributing Company who owns property on either side of the street. The staff has no objection to the closure but a 6 -inch sanitary sewer and a 1 -inch gas line exist in the street. The lines can either be sold to Texas Star or abandoned at their expense. 8. A public hearing be held February 17, 1982 on the closure of Second Street from Morgn Avenue to Elizabeth Street. The request to close Second Street has been made on behalf of Spohn Hospital who owns all of the property on -the east side of the street and 70% of the property fronting on the west side. Spohn Hospital proposes to construct a parking garage along the entire east side of Second Street. The Staff has no objection to the closure of Second Street providing utility easements are retained in the street and a fire lane is provided to serve the Medicenter building. 9. An airport use agreement with Eagle Commuter Airlines, Inc., of Brownwood, Texas, be approved allowing this airline to operate at the Corpus Christi International Airport. At present, Eagle Airlines is commissioned to serve Corpus Christi, San Antonio, Brownwood, D/FW Regional Airport, Del Rio, Eastland, and San Angelo. The airline will use Piper Navajo aircraft with an eight passenger capacity. The agreement will be on a month-to-month basis and specifies a landing fee of 661/2O per thousand pounds. 10. A twelve months supply agreement for approximately 500 barrels (94 tons) of bulk portland cement for the Street Division to be used a stabilization material for street construction be awarded to Centex Cement Corporation on the basis of low bid of $6,486. Two bids were received. 11. A riding type diesel engine, power sweeper for the Convention Center be purchased from G. H. Tennant Company, San Antonio, Texas on the basis of best bid of. $26,555.56 including discount. Evaluation performed by the Purchasing Division at the Convention Center indicates the recommended unit to be more productive, therefore, involves less total cost to the City over the life cycle of the sweeper than the bid of $17,626 by Watson Distributing Company. The other bids reeived were not on comparable equipment. Bids were received from 3 firms.' The unit will be used to sweep the main exhibit hall, plaza area, parking garage and parking lot. An appropriation equal to the purchase is recommended from the Convention Center Bond Fund. 12. Eight replacement velour drapery legs for the Convention Center/Auditorium be purchased from Texas Scenic Company, Inc., San Antonio, on the basis of only bid received of $7,627. Drapery legs are on the side stage entrances and are exposed to more frequent use. 13. City employees under the State Merit System be transitioned into the City's Compensation and Classification Plan at their current salaries utilizing existing titles within the City's plan and 22 additional titles to be concurrently incorporated into the City's plan. These proposed changes will enable the City to provide more equitable personnel appointment and promotional procedures for the_ Health Minut. s Reoular Council Mcrliny lebl ua ry 3, 1')8'.' Page b 14. The City's contribution to the Firemen's Relief and Retirement Fund be increased by an additional 1.4% from 10.6% to 12% effective January 1, 1982. The City agreed to increase its participation in the retirement fund as a part of the 1981-83 fire collective bargaining contract. The 1.4% increase was contingent upon firefighters increasing their own retirement contributions by the same amount. The pension trustees called an employee election on January 4, 5 and 6, 1982, to authorize this increase. By a vdte of 173 FOR to 86 AGAINST, the firefighters elected to increase their contributions from 7.65 to 9% of average salary. 15. Twelve replacement 4 to 5 cubic yard dump truck bodies be purchased from Trucker's Equipment Co., Corpus Christi, based on low bid of $30,666 including installation. The last bodies, purchased in March, 1980, were installed by City personnel. The selling price of $2,030 plus an estimated City cost of installation of $700 provided a total unit cost of $2,730. Based on this, this bid represents a savings of 61%. The dump bodies are for the Water Division (2), Wastewater Services Division (2) and Street Division (8) to be installed on cabs and chassis purchased near the end of the last fiscal year. 16. A lease agreement be approved February 3, 1982 with Mr. Joe F. Vela,: Jr., for space located at 105 North Ash in Bishop, Texas for two years with an option to renew for an additional two years for use as a Title III Nutrition Program Meal Site and Social Service Center in the Senior Community Services Program. The space will be leased for $185.00 per month plus utilities. Previously, the program jointly occupied space leased by the Nueces County Community Action Agency for the Bishop Neighborhood Center. The program had to seek new space when the Community Action Agency had to give up its lease due to budgetary constraints. 17. Bids be received February 23, 1982 for furniture and equipment for the Northwest Branch Public Library. The furniture includes book shelving, tables, chairs, card catalogues, book truck, dictionary stand, end tables, desks, file cabinets, globe, chalkboard and exterior book return book. Mayor Pro Tem Turner inquired if there is an itemized list of specifications and Mr. Briones provided her with a copy of the list prepared by Mrs. Phyllis Burson. Mrs. Turner then questioned whether the Library Board and the new librarian had approved these items and Mr. Briones indicated that they had. 18. A public hearing be held on February 17, 1982 for the contractual annexation of a 74.94 acre tract being platted as Country Creek Subdivision located east of Rodd Field Road between Saratoga Boulevard and County Road 26A. There were no comments from the audience on the City Manager's reports. A motion was made by Council Member Zarsky that the City Manager's Reports, items 1 through 18, be approved as presented; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphey, Kennedy and Zarsky voting "Aye"; Gulley and Hawkins, absent from the Council Chamber at the time the vote was taken. .r Council Meeting February 3, 1982 Faye 7 ********** Mayor Jones announced the recessed public hearing on the following matter: Establishing one more eligible blighted area pursuant to the Development Corporation Act of 1979, as amended, and the rules for issuing industrial development bonds. On January 13, 1982 the following areas were considered: I. Central Improvement District II. Bayfront Area from West Shoreline to the Breakwater III. Community Development Block grant Eligible Areas IV. Western Airport Development Areas. The first two areas were approved. The hearing was recessed until today on the other two areas. It is recommended that this hearing be further recessed until February 24th to allow time for consideration of comments from Laventhol-Horwath scheduled for February 15, 1982. A motion was made by Council Member Kennedy that this hearing be further recessed until February 24, 1982; seconded by Council Member Zarsky; and passed by the following vote: Jones, Turner, Dumphey, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent from the Council Chamber at the time the vote was taken. ********* Mayor Jones announced the public hearing on the following street closing: Closure of Dune Drive south of Rose Street. 1 This street is unimproved and the closure request is made in connection with the proposed development of South Sea Island Subdivision, Unit 2. THe staff recommends the street be closed subject to providing an electrical easement for Central Power and Light Company and subject to replatting of abutting lots. Mr. Briones explained to the Council that the dedication of the street was made but the street is not being used for any functional purpose and there are no improvements to the street. Mr. Larry Wenger, Acting Director of the Planning Department, explained to the Council that a subdivision is being developed and the plans include the extension of two other streets into that subdivision; therefore Dune Drive is not needed for access. No one spoke in regard to this street closing. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Gulley that Dune Drive south of Rose Street be closed in accordance with the Staff recommendation; seconded by Mayor Pro Tem Turner; and passed unanimously. ********* Minutes Regular Council Meeting February 3, 1982 Page 8 One of the Council Members suggested that the Council consider some of the discussion items that were listed in the morning Workshop Agenda, in particular, item 6 which pertained to the request of Sherrod Construction Company on behalf of London House Apartments to extend the Wooldridge Road Sanitary Sewer 3,000 lineal feet with City oversize/overdepth participation and provide interim drainage improvements. Assistant City Manager Lontos pointed out the tract that needed to drain and stated that the developer is willing to undertake the cost of a trunk line provided the City participates at a cost estimated to be $100,000. He explained that for the drainage the developer plans to install a small line until the Wooldridge drainage ditch is'constructed. He stated that this has been under discussion for two or three weeks and noted that the interest earned in the -c sanitary sewer bond fund makes it possible for the City to participate in oversizing and overdepthing participation to provide interim drainage improvements. He informed the Council that as soon as the actual costs are determined, the contract will be prepared with this construction company. He also stated that the Staff recommends changing the Master Plan as indicated and that some people be assessed for tying onto the sewer system. He noted that if this plan is agreeable to the Council, the Staff will move forward with it. Council Member Dumphy expressed the opinion that other developers in the area should be contacted to see if they want to participate in the sewer line. Mr. Lontos stated that the Staff feels that the fee would be $800 an acre for participation, and if other developers contribute, the line could be extended all the way to Staples. He commented that Sherrod Construction Company will pay $100,000 to extend the line down Wooldridge to Airline. Council Member Dumphy stated that he felt that the Staff should pursue the possibility of contacting the property owners to see if they would be willing at this time to participate in the extension of the line at a cost of $800 per acre. He stated that he did not want to delay this project but suggested that the Staff pursue this possibility. Mr. Lontos reiterated that if the Council concurs with the Staff recommendation, various contracts and ordinances will be prepared for their consideration. M: Rey__..r Council Meeting February 3, 1982 Page 9 A motion was made by Council Member Dumphy to approve the concept of the Staff recommendation in regard to the extension of the Wooldridge Road sanitary sewer; seconded by Council Member Zarsky; and passed unanimously. ********* Mayor Jones announced the public hearings on five zoning applications. - Acting City Manager Briones announced the public hearing on Application No. 1281-6E, Hines Industrial, Ltd., for an exception to the standard screening fence requirement along the south property line of Lot 1, Block 1, Glen Arbor Unit 4, located on the southeast corner of S. Staples Street and Curtis Clark Drive. Mr. Briones stated that both the Planning Commission and the Planning Staff recommend approval of this application and stated that there was no response to the notices of the public hearing. Mayor Jones ascertained that no one in the audience wished to speak on this application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Dumphy; and passed unanimously. 1 A motion was made by Council Member Gulley that the Council concur with the recommendation of the Planning Staff and the Planning Commission and grant the waiver of the standard screening fence for Application No. 1281-6E; seconded by Council Member Dumphy; and passed unanimously. ********* Acting City Manager Briones announced the public hearing on Application No. 1281-9, T&H Development Company, for change of zoning from "R -1B" One -family Dwelling District to "R-2" Multiple Dwelling District on 26.97 acres out of Lots 1 and 2, Section 6, Flour Bluff and Encinal Farm and Garden Tracts located on the southeast corner of Everhart Road and Cedar Pass Drive. Mr. Briones informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, none in favor and two in opposition were returned. He also informed the Council that an additional 16 letters in opposition had been received from outside the area of notification. Mr. Larry Wenger, Acting Director of the Planning Department, located the area on the zoning and land use map, described the land use in the surrounding area, showed slides of the area and stated that the purpose of the request was Minutes Regular Council Meeting February 3, 1982 Page 10 for the development of uses permitted under "R-2" zoning. Mr. Wenger stated that the plat has been approved; wider streets are being constructed; there are very large lots in the subdivision; and this takes advantage of the process whereby the developer may apply for prezoning. Mr. Gene Urban, of Urban Engineering, representing T&H Development Company, informed the Council that some of the people expressing opposition were concerned about an apartment -type use but pointed out that the development will be for "R-2" use. He displayed a plan showing where single-family dwellings will be constructed and where the duplexes in other areas will be constructed. He explained that the development will provide maintenance -free duplexes. He also referred to the concern of the neighbors about additional traffic being generated and noted that they only plan the construction of 102 units with an estimate of two cars per unit which would only increase traffic by 400 cars. Mr. Urban expressed the opinion that if 135 units of single-family dwellings, which would be the number of units allowed in this acreage, were constructed and the owners had teenage children, more cars per unit would be anticipated. He agreed that there is a problem with traffic on Everhart Road until the improvements on this street and on Yorktown Boulevard are made but pointed out that these plans will not increase the traffic as much as single-family dwellings. Mr. Henry Tucker, one of the owners, stated that he was present to answer any questions the Council might have. Mayor Jones inquired about the sale prices of the units and Mr. Tucker replied that the smaller units will sell for $40 to $45,000. He pointed out that the plan includes duplexes and cluster homes on the larger lots. Speaking in opposition to the zoning application was Mr. Steven Ferris, 4913 High Meadow. Mr. Ferris pointed out that the number of apartments, duplexes and other planned developments for this area will greatly increase the traffic and Everhart Road is the only access to this area. He pointed out that there are already 880 apartment units in the area. He explained that he was opposed to this application because of the following reasons: (1) Everhart is just an 18' wide street and this is the only access to the planned development; (2) There is already a shopping center and an H.E.B. Store at Saratoga and Everhart; (3) There are already three completed subdivisions and three other partially completed subdivisions in the area; (4) There is an additional Minutes Regular Council Meeting February 3, 1982 Page 12 Hawkins, Kennedy and Zarsky voting, "Aye"; Turner, absent from the Council Chamber at the time the vote was taken. ********** Assistant City Manager Tom Utter announced the public hearing on Application No. C182-2, City of Corpus Christi, for a change of zoning from "R -1B" One -family Dwelling District to "13-4" General Business District on Lots 3 and 4, Block A, Lexington Place, located east of Hamlett Drive approximately 250' north of S. Padre Island Drive. Mr. Utter informed the Council that both the Planning Commission and the Planning Staff recommend approval and that in response to the notices of the public hearing, two in favor and none in opposition were returned. Acting Director Wenger located the area on the zoning and land use map and explained that this application was before the Council earlier with the applicant being Mrs. Josephine S. Davis. He explained that the plat was not submitted in the six-month time period; the plat has been submitted now; and the City initiated the zoning case the second time. He stated that the plan is to close the stub streets since they will no longer be needed. He then showed slides of the area and stated that the only access will be off Padre Island Drive. No one spoke in regard to this zoning application. Motion by Zarsky that the hearing be closed, seconded by Hawkins, and passed unanimously. A motion was made by Council Member Zarsky that the requested zoning of "B-4" be approved for Application No. C182-2 in accordance with the recommendation of the Planning Commission; seconded by Council Member Dumphy; and passed by the following vote: Jones, Dumphy,' Gulley, Hawkins and Zarsky voting, "Aye"; Turner and Kennedy, out of the Council Chamber at the time the vote was taken. ********** Assistant City Manager Tom Utter announced the public hearing on Application No. C182-3, City of Corpus Christi for a change of zoning from "R -1B" One -family Dwelling District to "B-2" Bayfront Business District on Lots 1A -6A, Block 1, Lots 1A -15A, Block 2; All Lots, Blocks 12-22; All Lots, Blocks 26-30; and All Lots, Block 36, Padre Island Number 1. Lots 41A, 46-52, Block 72, Padre Island, Section 2. Lots 10A, 11-22, Block 71, Padre Island Number 3. I F_ _ar Council Meeting February 3, 1982 Page 11 apartment complex being constructed in the area; (5) This proposal would also represent an additional 500 cars per day. He summarized his presentation by pointing out that 5,500 cars per day enter this 18wide road in less than a one mile zone. Council Member Hawkins inquired of Mr. Ferris why he is opposed to this particular request when there are other similar apartment houses in the area. Mr. Ferris explained that he did not know that the other townhouses and apartments had already been approved. He reiterated that his only concern is the fact that Everhart Road cannot handle any additional traffic. Mr. Wenger explained the traffic situation will not improve until Yorktown Boulevard is constructed and this will not be done until both sides of Yorktown are developed. He stated that the Staff recommended approval of this application and noted that the cars will not all be on street at the same time. He pointed out that utilities are sufficient in the area. Mr. Frank Chanslor, 4926 Charfield, appeared in opposition stating that they will be surrounded by apartments and their property values would decrease. Mr. Chanslor pointed out that this developer has constructed units that look like army barracks and he was of the opinion that this type of construction would certainly not improve the area. Further discussion followed on density of the planned development. Mr. Gene Urban pointed out that if the property remains zoned "R -1B", they could construct 7.26 units per acre, but the plans for this development are for five units per acre which will be a total of 135 units for the entire tract. Council Member Dumphy commented that every community is going to have to approve zoning for higher density because there are large numbers of citizens who do not have a home and cannot buy one at the prices in existence at this time. No one else spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "R-2" be approved for Application No. 1281-9 in accordance with the recommendation of the Planning Commission and the Planning Staff because the density, according to the plans, is not much greater than than under "R -1B" zoning; seconded by Council Member Kennedy and passed by the following vote: Jones, Dumphy, Gulley, Minutes Regular Council Meeting February 3, 1982 Page 14 Mr. Wenger located the area that was recently annexed which would ordinarily be zoned "R -1B" and explained that this is a request to change the zoning from "R -1B" to "R-2", "B-2", "A-2", "A-1", and "AT". He stated that all of this was recommended for approval with the exception of two areas: (1) at an intersection on which the Planning Commission recommended "8-1" instead of "B-2" because "B-2" eliminates the convenience -type of development. He stated that the other area is a lot on which the Planning Commission recommends "B-1" instead of "B-2" for the same reason. He explained further that the Staff recommends that another area be zoned "AT" instead of "B-2" because of the parking and 20' setback requirement. Council Member Zarsky stated that since this portion of the discussion pertained to property in Mariner's Cay, which is proposed for "B-2" zoning and which he owns, he would step down from the Council Table and not participate in this discussion or the vote on this portion. Mr. David Coggins, representing Padre Isles Property Owners Association, presented a copy of the statement of the property owners in which they joined the Staff and the Planning Commission in recommending approval. Mr. Coggins informed the Council that they had worked closely with the Planning Staff in setting up the proposed zoning in accordance with the covenants that they have on the property. Mr. Jack Landers supported Mr. Coggins and concurred with the Staff recommendation for "AT" zoning in the specific area pointed out by Mr. Wenger. He expressed the opinion that the Planning Commission and the Planning Staff have performed an excellent job in working with the City ordinances so that the proposed zoning will comply with the covenants which are in existence. Mr. Fred Raible, 12645 Memorial Drive, Houston, Texas, stated that he concurred with the Staff recommendation to change the recommended zoning from "B-2" to "AT" in this specific area known as Mariner's Cay. He stated that he owned property on Padre Island for many years and at the time he purchased the property there were covenants to the effect that their area would be used for apartments or tourist related facilities. Mr. Bob Batterson, speaking for the Diocese of Corpus Christi, stated that they objected to the zoning for their property on which there is a church. He stated that the requested zoning in this application is for "AT" zoning and they would like to have this remain "R-2" since they plan to construct a church there M, Roy. .r Council Meeting February 3, 1982 Page 13 Lots 8-18, Block 191; Tract B, Block 192; and Tract A, Block 215, Padre Island, Sction 4 (Tradewinds). All Lots, All Blocks, Padre Island, Section A. All Lots; All Blocks, Padre Island, Section B. All Lots, All Blocks, Padre Island, Section C.. Lots 1, 2, 3 and 4, Block 5, Padre Island, Section G. A 4.82+ acre tract out of Padre Island - Corpus Christi Subdivision, Section G. Lots 4 and 5, Block 3; All Lots, Block 42; All Lots, Block 45; and All Lots Block 46, Island Fairway Estates. All Lots, Block 502; Lots 1-7, Block 85; All Lots, Block 500; All Lots, Block 501; All Lots, Block 504; All Lots, Block 506, All Lots, Block 507, All Lots, Block 508, All Lots, Block 509, All Lots, Block 510; All Lots, Block 511, All Lots, Block 512 and All Lots, Block 513. All Lots, All Blocks, Million Dollar Inn. From "R -1B" One -Family Dwelling District to "A-1" Apartment House District on a 21.84+ acre tract of land out of Padre Island - Corpus Christi Subdivision, Section G. All Lots, Block 22, Island Fairway Estates. A11 Lots, Block 1; All Lots, Block 2; Lot 1 and part of Lots 2-5 and 22-28, Block 3; and Part of Lots 1 and 17-22, Block 4, Padre Island, Section G. All Lots, Block 1; All Lots, Block 2; Lot 1 and part of Lots 2-5 and 22-28, Block 3; and Part of Lots 1 and 17-22, Block 4, Padre Island, Section G. from "R -1B" One -Family Dwelling District to "A-2" Apartment House District on Lots 22 and 23, Block 34, Island Fairway Estates. All Lots, All Blocks, Mariner's Cay Unit 2A. Lots 1B -6B, Block 1 and Lots 1B -15B, Block 2, Padre Island Number 1. All Lots, All Blocks, Point Tesoro Unit 5. All Lots, Blocks 11-20, Ports O'Call. From "R-18" One -Family Dwellig District to "AT"Apartment-Tourist District on a 2.08+ acre tract of land out of a portion of the Blucher -Naismith Survey. All Lots, Part of Block 27B and All Lots, Block 41, Island Fairway Estates. All Lots, Block 32, Padre Island Number 1. All Lots, Block 75, Padre Island, Section 2. Lots 1-51, Block 1, Padre Island, Section Di Lots 1-5, Block 4, Padre Island, Section E. From "R -1B" One -Family Dwelling District to "R-2" Multiple Dwelling District on Lots 1-9, Block 71, Padre Island, Section 3. Lots 1-7, Block 191; Lots 1-15, Block 192; All Lots, Block 215; All Lots, Block 216; All Lots, Block 217; All Lots, Block 218; All Lots, Block 219; All Lots, Block 220; and All Lots, Block 221. All Subdivisions located on Padre Island. Mr. Utter stated that in response to the notices of the public hearing, 42 in favor and 12 in opposition had been returned. Minutes Regular Council Meeting February 3, 1982 Page 16 that he could request the zoning of "AT" for his property. He explain that the proposed "B-2" zoning would prohibit any parking within the 20' setback. * Mayor Pro Tem Turner returned to the Council Chamber at 5:25 p.m. A motion was made by Council Member Gulley that consideration of the zoning for Blocks 508, 509, 510 and 511 of Mariner's Cay be recessed for one week; seconded by Council Member Dumphy; and passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins and Kennedy voting, "Aye"; Zarsky, abstaining from the vote. Council Member Zarsky inquired if in the City Attorney's opinion it would be a conflict of interest if he returned to the Council Table to discuss the zoning on the other property in Padre Island since his had been resolved and removed until next week. City Attorney Aycock explained that this was something that Mr. Zarsky would have to decide for himself. Council Member Zarsky then returned to the Council Table. Council Member Hawkins questioned the legality of Council Member Zarsky's participating in the remainder of the discussion on this zoning application since there are restrictive convenants involved in other lots in the area. Mr. Hawkins indicated that he felt that it would be a conflict of interest if Mr. Zarsky participated in the discussion of this zoning application. City Attorney Aycock pointed out that the requested zoning is in accordance with the restrictive convenants and Mr. Zarsky is the owner of lots, not the developer. He stated that only Mr. Zarsky knows the facts and knows what his interests are and only he can determine whether or not there is a conflict of interest. He commented that, as Mr. Zarsky had pointed out, he' did vote previously on the annexation of the entire area. 1 Mr. Hawkins stated that he was concerned that in the future someone might challenge the vote granting the zoning on this application if Mr. Zarsky participates in it. Mr. Aycock pointed out to Mr. Hawkins that Mr. Zarsky does not have any personal interest in any of the other lots. Council Member Hawkins continued by expressing the opinion that the participation by Mr. Zarsky might subject the City or the City Council Members to a lawsuit. iar Council Meeting February 3, 1982 Page 15 in the future. He explained that since they do plan to renovate the existing open-air church to a closed church, they would prefer to have families living in their area and he was of the opinion that development under the "AT" zoning would detract from the church. He stated that the church owns ten lots in that area. Mr. Wenger further explained that there are a total of 19 lots in that particular area; the lots were sold as multi -family; the' other lots were purchased by individuals with the assumption that multi -family or apartments would be constructed there. He, therefore, stated that the Staff would concur with that recommendation. Attorney J. W. Gary informed the Council that there is a map of Padre Island that shows covenants which limit the use of the land, but the land on which the church is located could also have a condominium constructed there. He expressed the opinion that the convenants were filed when the land was sold and they have not been changed since that time. Council Member Kennedy suggested that the consideration of this property be withdrawn in order for the Staff to check the convenants in the area. Mr. Wenger stated that there are five property owners, including the Catholic Diocese. Mr. Utter agreed that that particular block could be withdrawn if the other areas are approved. He identified this property as being Block 32, Padre Island No. 1. A motion was made by Council Member Kennedy to remove all lots, Block 32, Padre Island No. 1 from this application and that this portion of the meeting be recessed for one week in order for the Staff to check the convenants on this land. The motion was seconded by Council ,Member Hawkins and passed by the following vote: Jones, Dumphy, Hawkins and Kennedy voting, "Aye"; Turner and Gulley, absent from the Council Chamber at the time the vote was taken; Zarsky, having stepped down from the Council Chamber during the discussion of this portion of the application. Mr. Cliff Zarsky, 5202 Wooldridge Road, speaking as a citizen rather than a Council Member, informed the Council that he is the owner of Blocks 508, 509, 510 and 511, Padre Island -Corpus Christi -Mariner Cay, all of which are proposed to be zoned "B-2". He stated that he would like to request that the Council remove this portion from the zoning application and recess it until next week so Minutes Regular Council Meeting February 3, 1982 Page 18 that subject. Mayor Jones suggested to Council Member Hawkins that he make a motion to ask Council Member Zarsky to step down from the Council Table. Mr. Hawkins declined and stated that instead, he would step down from the Council Table. Further discussion followed on this concern and subsequently, Council Member Hawkins departed the Council Chamber at 5:50 p.m. The next speaker was Mrs. Barbara Lampert who stated that she represented the owner of the property at the intersection of Park Road 22 and Park Road 23. She stated that she concurs with the recommendation of the Planning Commission and Planning Staff since the owner does not feel that "B-2" zoning which is I recommended in this application would be appropriate for their property. Council Member Zarsky stated that in view of the fact that this particular piece of property is directly across the street from the lots that he owns, he will not participate in the discussion on this portion of the application. Mr. Ed Rutledge, an employee of a company that owns land on Padre Island, stated that the notices sent to the property owners were not sufficient for them to prepare any type of rebuttal. He stated that it is his understanding that the recommended zoning has been devised so that it will be in compliance with the covenants on the land. Mr. Utter pointed out to him that there are a few areas on the island, primarily on Padre Island, Unit 1 that did not have restrictive covenants. He assured Mr. Rutledge that the Council is not attempting to restrict the use of the property any more than the covenants did. Mr. Keith Miley stated that he represents clients who own two lots and they support the Planning Commission and Planning Staff recommendation. No one else spoke in regard to this zoning application. A motion was made Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy, and passed by the following vote: Jones, Turner, Dumphy, Kennedy and Zarksy voting, "Aye"; Gulley, absent from the Council Chamber at the time the vote was taken; Hawkins, having departed the Council Chamber during the public hearing. A motion was made by Mayor Pro Tem Turner that all of the zoning changes be approved as recommended by the City Staff with the exception of all lots, all blocks, Padre Island, Section B which are to be zoned "AT" instead of "8-2"; all ?s , _ar Council Meeting February 3, 1982 Page 17 City Attorney Aycock noted that the City is sued every day for some reason; all of the Council Members own property in some areas of the City, but this does not prevent them from voting on zoning for other property; and he felt that the same situation exists on this case. the same situation that existed here. • Council Member Zarsky pointed out that he had cast the deciding vote to annex Padre Island since his vote was required in view of the fact that Mayor Pro Tem Turner and Council Member Gulley were out of.the City at the time they were discussing the annexation. Mr. Jack Colmenero, 1030 Delta, stated that his firm designed the 26 -unit project which was referred to by Mr. Raible and if the recommended zoning of "8-2" is approved, they will lose several units. Mr. Wenger pointed out that that is the property on which the City Staff recommended be zoned "AT". Mr. Jack Racovich stated that he lives on Padre Island and has the same problem with the covenants in the proposed zoning. He pointed out that the recommended zoning for his property is "A-2" and he could construct up to 25 units. He located his property on the map and stated that in view of the covenants, he would have to contact all of the property owners in his area if the zoning is changed. Mr. Utter explained that Mr. Racovich has four lots andiunder the private covenants, his lots are zoned multi -family with no more than four units per lot so he could have a total of 16 units under the covenants, however with the "A-2" zoning, he would be allowed to construct up to 25 units. He explained that Mr. Racovich is concerned that he will have to go to the adjacent property owenrs to obtain their approval for the change in the number of units allowed on his property. Mr. Racovich stated that he wants to build 24 units on his lots. Mayor Pro Tem Turner pointed out that the Council cannot change the covenants and inquired of Mr. Racovich if he would like the Council to vote for the "A-2" zoning requested. Council Member Hawkins interrupted at this time and again referred to the fact that Mr. Zarsky was participating in the discussion of this zoning application. He expressed the opinion that a covenant is a contractual provision between all of these landowners and he was of the opinion that any Council Member involved in a contract should not participate in discussion of ,N Re_ Ar Council Meeting February 3, 1982 Page 19 lots, blocks 46-52, Padre Island, Section A also to be zoned "AT" rather than "B-2" that the south 55 feet of Lot 2 in Block 512 and Lot 1, Block 13, Padre Island Mariner's Cay be zoned "B-1" rather than "B-2"; with the exception of the lots and blocks previously deleted from this application to be recessed until next week. The motion was seconded by Council Member Kennedy and passed by the following vote: Jones, Turner, Dumphy and Kennedy voting, "Aye"; Gulley and Hawkins, absent from the Council Chamber; Zarsky voting, "Aye" on all of the issues with the exception of Mariner's Cay. A motion was made by Mayor Pro Tem Turner that the filing fee for change of zoning applications be waived for 90 days in the event there are errors in this zoning application. Acting City Manager Briones expressed the opinion that this would create problems because every person who wants a change of zoning would approach the City during that time. Mayor Pro Tem Turner then withdrew her motion. Mayor Jones expressed appreciation to the Staff for all of the work that had been accomplished on this zoning application. ********** Acting City Manager Briones announced the public hearing`on the following text amendment. Amend Article 31, Newly Annexed Territory, by amending Section 31-5 by adding thereto one new subsection to be numbered 31-5.35 setting forth a zoning classification of "AT" Apartment Tourist District on a described tract of land when annexed to the City of Corpus Christi, Texas, said tract situated west of South Padre Island Drive and adjacent to the Padre Island Country club, containing 5.94 acres more or less out of Block 27B, Padre Island -Corpus Christi -Island Fairway Estates, a map of which is recorded in Volume 46, Pages 208, 209 and 210, Nueces County Map Records, Nueces County, Texas. Assistant City Manager Utter explained that this is a portion of Eagle Run; it was inadvertently omitted from the Annexation Election; it has been contractually annexed; and this' is just to prezone the property prior to annexation. ,No one spoke in regard to this zoning matter. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Minutes Regular Council Meeting Fahru;;ry 3, 3902 Page 20 A motion was made by Council Member Kennedy to approve the Text Amendment in accordance with the recommendation of the Planning Commission and the Planning Staff, seconded by Mayor Pro Tem Turner and passed unanimously by those present and voting. Mayor Jones called for the ordinances. Acting City Manager Briones briefly explained the ordinanaces on the I� agenda. Mr. Briones referred in particular to ordinance No. 4 which is the third reading of the ordinance authorizing a contract between the City of Corpus Christi and Allied Development Company. He explained the changes in the contracts and informed the Council that there was a need to pass an amendment to this ordinance prior to the third reading. A motion was made by Mayor Pro Tem Turner that the motion on this ordinance to amend paragraphs 3, 4, 6, 7 and 11 be approved; seconded by Council Member Kennedy; and passed unanimously by those present and voting. There were no comments from the audience on the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were approved: SECOND READING: AMENDING ORDINANCE NO. 13193 APPROVING A RATE SCHEDULE FOR THE RENTAL, SALE AND MAINTENANCE OF CABLE TELEVISION CONVERTERS TO SUBSCRIBERS OF COMMUNITY ANTENNA TELEVISION SERVICES WITHIN THE CITY OF CORPUS CHRISTI BY ATHENA CABLEVISION OF CORPUS CHRISTI, INC; PROVIDING FOR PUBLICATION (First Reading - 1/27/82). The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. THIRD READING - ORDINANCE NO. 16840: 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. (First Reading - 1/20/82, Second Reading - 1/27/82). The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. THIRD READING - ORDINANCE NO. 16841: AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL LEASE AGREEMENT WITH THE DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION, TO LEASE "NUMBER DOTFA76SW-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 ,r RE dr Council Meeting February 3, 1982 Page 21 The foregoing ordinance was read for the third time and passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. THIRD READING - ORDINANCE NO. 16842: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND ALLIED DEVELOPMEMT 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 OF RECORD IN VOLUME 272, PAGE 166, AND BEING A PORTION OF THE SAME LAND DESCRIBED IN DEED OF RECORD 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. (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, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. ORDINANCE No. 16843: GRANTING A REVOCABLE EASEMENT TO EXXON COMPANY, U.S.A., TO INSTALL, OPERATE AND MAINTAIN A 6-5/8" DIAMETER GAS LINE ACROSS GRAHAM ROAD AND TO INSTALL, OPERATE AND MAINTAIN A 6-5/8" DIAMETER GAS LINE ACROSS LAGUNA SHORES 12-3/4" DIAMETER CONDUIT, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. ORDINANCE NO. 16844: AMENDING ORDINANCE NO. 8127, SECTION 600, INITIAL ADJUSTMENTS TO THE COMPENSATION PLAN, BY ADDING SECTION 610, TRANSITION OF CITY EMPLOYEES UNDER THE STATE MERIT SYSTEM TO THE CITY'S COMPENSATION AND CLASSIFICATION PLAN; AMENDING ORDINANCE NO. 8127 BY DELETING IN ITS ENTIRETY SECTION 506, ADOPTION OF COMPENSATION PLAN WHICH REFERENCES AUTHORITY TO UTILIZE STATE MERIT SYSTEM COMPENSATION SCHEDULE AND POSITION CLASSIFICATION PLAN FOR HEALTH AND WELFARE EMPLOYEES; AND AMENDING ORDINANCE NO. 3658, BY AMENDING SECTION 255, HEALTH AND RECREATION, BY ADDING NEW CLASS CODES, TITLES, AND GRADES; PROVIDING FOR SEVERANCE; PROVIDING EFFECTIVE DATES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. ORDINANCE No. 16845: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY AND MUNROE AND BASS, INC. FOR ENGINEERING SERVICES RELATED TO EXPANSION OF THE COMMERCIAL RAMP (APRON) AND IMPROVEMENT TO THE SAFETY ZONES BETWEEN THE RUNWAYS AND TAXIWAYS AT THE CORPUS CHRISTI INERNATIONAL AIRPORT AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; APPROPRIATING $46,600 OUT OF THE NO. 245 AIRPORT BOND FUND APPLICABLE TO PROJECT NO. 245-77-9, COMMERCIAL RAMP EXPANSION AND SAFETY ZONE IMPROVEMENT, SUBJECT TO APPROVAL FROM THE FEDERAL AVIATION ADMINISTRATION (FAA PROJECT NO. 6-48-0051-2); AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, absent. Minutes Regular Council Meeting February 3, 1982 Page 22 ORDINANCE No. 16846: GRANTING A REVOCABLE EASEMENT TO CHAMPLIN TRADING COMPANY FOR THE INSTALLATION, MAINTENANCE AND OPERATION OF TEN PIPELINES CROSSING MUELLER, HUISACHE, NOAKES AND GIBSON STREETS AND POTH LANE, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, 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, Gulley, Kennedy and Zarsky voting "Aye"; Hawkins, "absent". ORDINANCE NO. 16847: CONFIRMING THE APPOINTMENT OF ROGER L. PEARSON TO THE POSITION OF LIBRARY DIRECTOR BY THE CITY MANAGER, PURSUANT TO CITY CHARTER ARTICLE II, SECTION 3; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16848: APPROPRIATING $26,689.00 OUT OF THE 209 COMMUNITY CONVENTION FACILITY BOND FUND FOR PROJECT NO. 209-76-1.3 CONVENTION CENTER EQUIPMENT, FOR THE PURCHASE OF A TENNANT 92AA RIDE -ON POWER SWEEPER FROM THE G. H. TENNANT COMPANY, FOR THE BAYFRONT PLAZA CONVENTION CENTER; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16849: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT USE AGREEMENT WITH EAGLE COMMUTER AIRLINES, INC., OF BROWNWOOD, TEXAS, ON A MONTH-TO-MONTH BASIS UNTIL THE LEASES ARE CONSUMMATED WITH ALL USER AIRLINES, AT A LANDING FEE OF 661/2t PER THOUSAND POUNDS, 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, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16850: AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH E. J. NETEK COMPANY FOR CONSTRUCTION OF THE OLD BROWNSVILLE ROAD BOX CULVERT; AUTHORIZING THE CITY MANAGER TO EXECUTE CHANGE ORDER N0. 1 PROVIDING FOR ADDITIONAL BOX SECTIONS;• APPROPRIATING $45,000 OUT OF THE NO. 295 STORM SEWER BOND FUND OF WHICH $37,540 IS FOR THE CONSTRUCTION CONTRACT, $2,100 IS FOR CHANGE ORDER NO. 1 AND $5,360 IS FOR ADDITIONAL ENGINEERING, LEGAL ADVERTISING, CONTINGENCIES AND RELATED EXPENSES APPLICABLE TO PROJECT NO. 295-77-16, OLD BROWNSVILLE ROAD BOX CULVERT; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16851: AMENDING THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 16272, APPROVED BY THE CITY COUNCIL ON MAY 27, 1981, RELATING TO SANITARY SEWER CONSTRUCTION IN RETTA DRIVE AND PARK STREET PAVING REIMBURSEMENT, BY DELETING THE PRESENT PARAGRAPH NUMBERED 5 AND IN LIEU THEREOF ADOPTING NEW PROVISIONS RELATING TO DEVELOPER PROVIDING BS ..ar Council Meeting February 3, 1982 Page 23 The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16852: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH JOSE F. VELA, JR., FOR SPACE LOCATED AT 104 NORTH ASH IN BISHOP, TEXAS, FOR AN INITIAL TERM OF TWO YEARS WITH AN OPTION TO RENEW FOR AN ADDITIONAL TWO YEARS, FOR USE AS A TITLE III NUTRITION PROGRAM MEAL SITE AND SOCIAL SERVICE CENTER UNDER THE SENIOR COMMUNITY SERVICES PROGRAM, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATACHED 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, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE No. 16853: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO 6106, AS AMENDED, UPON APPLICATION OF HINES INDUSTRIAL, LTD., FOR AN EXCEPTION TO THE STANDARD SCREENING FENCE REQUIREMENT ALONG THE SOUTH PROPERTY LINE OF LOT 1, BLOCK 1, GLEN ARBOR UNIT 4, LOCATED ON THE SOUTHEAST CORNER OF SOUTH STAPLES STREET AND CURTIS CLARK DRIVE IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended, and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". - ORDINANCE NO. 16854: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF T & H DEVELOPMENT COMPANY BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A PORTION OF LOTS 12 AND 2, SECTION 6, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R-18" ONE FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE DWELLING DISTRICT; KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16855: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF JOSEPHINE S. DAVIS BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON LOTS 3 AND 4, BLOCK A, LEXINGTON' PLACE SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". Minutes Regular Council Meeting February 3, 1982 Page 24 ORDINANCAE NO. 16856: AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, AS AMENDED, UPON APPLICATION OF THE CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING AS FOLLOWS: FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-2" BAYFRONT BUSINESS DISTRICT on LOTS 1A -6A, BLOCK 1; LOTS 1A -15A, BLOCK 2; ALL LOTS, BLOCKS 12-22; ALL LOTS, BLOCKS 26-30; AND ALL LOTS, BLOCK 36, PADRE ISLAND NUMBER 1. LOTS 41A, 46-52, BLOCK 72, PADRE ISLAND, SECTION 2. LOTS 10A, 11-22, BLOCK 71, PADRE ISLAND NUMBER 3. LOTS 8-18, BLOCK 191; TRACT B, BLOCK 192; AND TRACT A, BLOCK 215, PADRE ISLAND, SECTION 4 (TRADEWINDS). ALL LOTS, ALL BLOCKS, EXCEPT BLOCK 46 AND 52, PADRE ISLAND, SECTION A. ALL LOTS, ALL BLOCKS', PADRE ISLAND, SECTION C. LOTS 1, 2, 3, AND 4, BLOCK 5, PADRE ISLAND, SECTION G. A. 4.82± ACRE TRACT OUT OF PADRE ISLAND - CORPUS CHRISTI SUBDIVISION, SECTION G. LOTS 4 AND 5, BLOCK 3; ALL LOTS, BLOCK 42; ALL LOTS, BLOCK 45; AND ALL LOTS, BLOCK 46, ISLAND FAIRWAY ESTATES. ALL LOTS, BLOCK 502; LOTS 1-7, BLOCK 85; ALL LOTS, BLOCK 500; ALL LOTS, BLOCK 501; ALL LOTS, BLOCK 504; ALL LOTS, BLOCK 506, ALL LOTS, BLOCK 507, PADRE ISLAND MARINER'S CAY. ALL LOTS, ALL BLOCKS, MILLION DOLLAR INN. FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "B-1' ON THE SOUTH 55 FEET OF LOT 2 IN BLOCK 512 AND MARINER'S CAY. FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-1 21.84± ACRE TRACT OF LAND OUT OF PADRE ISLAND SECTION G. ALL LOTS, BLOCK 22, ISLAND FAIRWAY ESTATES. ' NEIGHBORHOOD BUSINESS DISTRICT LOT 1, BLOCK 513, PADRE ISLAND " APARTMENT HOUSE DISTRICT ON A - CORPUS CHRISTI SUBDIVISION, ALL LOTS, BLOCK 1; ALL LOTS, BLOCK 2; LOT 1 AND PART OF LOTS 2-5 AND 22-28, BLOCK 3; AND PART OF LOTS 1 AND 17-22, BLOCK 4, PADRE ISLAND, SECTION G. FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "A-2" APARTMENT HOUSE DISTRICT ON LATS 22 AND 23, BLOCK 34, ISLAND FAIRWAY ESTATES. ALL LOTS, ALL BLOCKS, MARINER',S CAY UNIT 2A. LOTS 1B -6B, BLOCK 1 AND LOTS 1B -15B, BLOCK 2, PADRE ISLAND NUMBER 1. ALL LOTS, ALL BLOCKS, POINT TESORO UNIT 5. ALL LOTS, BLOCKS 11-20, PORTS O'CALL. FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AT" APARTMENT -TOURIST DISTRICT ON A 2.08± TRACT OF LAND OUT OF A PORTION OF THE BLUCHER-NAISMITH SURVEY. ALL LOTS, PART OF BLOCK 27B AND ALL LOTS, BLOCK 41, ISLAND FAIRWAY ESTATES. ALL LOTS, BLOCK 75, PADRE ISLAND, SECTION 2. ALL LOTS, BLOCKS 46 AND 52 PADRE ISLAND SECTION A. Re, ar Council Meeting February 3, 1982 Page 25 LOTS 1-51, BLOCK 1, PADRE ISLAND, SECTION D. LOT 1-5, BLOCK 4, PADRE ISLAND, SECTION E. ALL LOTS, ALL BLOCKS, PADRE ISLAND SECTION B. FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "R-2" MULTIPLE LOTS 1-9, BLOCK 71, PADRE ISLAND, SECTION 3. LOTS 1-7, BLOCK 191; LOTS 1-15, BLOCK 192, ALL LOTS, BLOCK 216; ALL LOTS, BLOCK 217; ALL LOTS, BLOCK 218; ALL LOTS, BLOCK 220; AND ALL LOTS, BLOCK 221. ALL SUBDIVISIONS LOCATED IN PADRE ISLAND. DWELLING DISTRICT ON 215, ALL LOTS, BLOCK BLOCK 219; ALL LOTS, KEEPING IN EFFECT ALL OTHER PROVISIONS OF THE EXISTING ORDINANCE AS AMENDED; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ORDINANCE NO. 16857; AMENDING THE ZONING ORDINANCE OF THE CITY OF CORPUS CHRISTI ADOPTED ON THE 27TH DAY OF AUGUST, 1937, APPEARING OF RECORD IN VOLUME 9, PAGES 565, ET SEQ, OF THE ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME, AND PARTICULARLY AS AMENDED BY ORDINANCE NO. 6106, PASSED AND APPROVED ON THE 29TH DAY OF MARCH, 1961, BY AMENDING ARTICLE 31, NEWLY ANNEXED TERRITORY, BY AMENDING SECTION 31-5, BY ADDING THERETO A NEW SUBSECTION, TO BE NUMBERED 31-5.35, SETTING FORTH ZONING CLASSIFICATION ON THE DESCRIBED TRACT OF LAND BEING DESCRIBED AS 5.94 ACRES MORE OR LESS OUT OF BLOCK 27B, PADRE ISLAND -CORPUS CHRISTI -ISLAND FAIRWAY ESTATES, A MAP OF WHICH IS RECORDED IN VOLUME 46, PAGES 208, 209 AND 210, NUECES COUNTY MAP RECORDS, NUECES COUNTY, TEXAS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Kennedy and Zarsky voting, "Aye"; Hawkins, "absent". ********** Mayor Jones called for petitions or information from, the audience on matters not listed on the agenda.' Mrs. Priscilla Robertson, 4222 Harry, stated that she is a representative of the Corpus Christi Council of P.T.A. She expressed their concern about children traveling to and from school and the lack of crossing guards in some areas. She requested that the Council provide funds for additional school crossing guards at eight schools where crossing guards were eliminated at the conclusion of the CETA program. *** Council Member Zarsky departed the meeting at 6:45 p.m. Mayor Pro Tem Turner suggested the possibility of utilizing the services of R.S.V.P. volunteers to works as, school crossing guards. She also inquired of Mrs. Robertson if they had discussed this with the School Board. Minutes Regular Council Meeting February 3, 1982 Page 26 City Secretary Read pointed out that the Flour Bluff Independent School District had assisted with the funding in their area. ** Council Member Hawkins returned to the Council Chamber at 6:50 p.m. Mr. Briones informed the Council that this could be a discussion item in about two weeks. Mrs. Janell Holland presented a petition from parents of students from Windsor Park School also requested a crossing guard in the vicinity of that school. Also presenting petitions or making a request for additional school crossing guards were Mrs. Joan Bush, 4637 Mt. Vernon; Mrs. Karen Winkler of Central Park School and Mr. Dave Nickerson, Principal of Windsor Park School. Mr. Art Delgado, Assistant Athletic Director for the Corpus Christi Independent School District, concurred that there is a need for adult crossing guards. He agreed that the retired citizens might be considered for these positions. ********** A motion was made by Council Member Gulley that the Council convene in closed session, under the authority of Article 6252-17, Open Meeting Law, in order to discuss pending litigation; seconded by Mayor Pro Tem Turner; and passed unanimously at 7:10 p.m. ********** Mayor Jones reconvened the Regular Council Meeting at 7:20 p. m. There being no further business to come before the Council, on motion by Mayor Pro Tem Turner, seconded by Council Member Gulley, and passed unanimously, the meeting was adjourned at 7:22 p. m., February 3, 1982.