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HomeMy WebLinkAboutMinutes City Council - 02/17/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING FEBRUARY 17, 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. Chartles 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 Chambers of City Hall. The invocation was given by the Reverend J. L. McCreless of Westwood Baptist Church, following which the pledge of allegiance to the flag of the United States was led by Mayor Pro Tem Betty N. Turner. City Secretary Bill G. Read called the roll of required Charter Officers and verified that the necessary quorum was present to conduct a legally constituted meeting. Mayor Jones announced the issuance of the following proclamations: 1. "ROSA GONZALES DAY" - February 18, 1982 2. "SARGEANT ADAN ALANIZ, JR. DAY" - February 18, 1982 3. "ALBERT C. BRANDESKY DAY" - February 18, 1982 4. "ENGINEERS WEEK" - February 21 thru 27, 1982 A motion was made by Mayor Pro Tem Turner that the minutes of the Regular Council Meeting of January 27, 1982 be approved as presented; seconded by Council Member Zarsky; and passed unanimously. Mayor Jones administered oaths to new Board and Committee appointees. Mayor Jones announced appointments to Boards and Committees and stated that the appointment to be considered was that of City Manager Edward A. Martin to theulance Advisory Board with term to expire August 8, 1983. A motion was made by Mayor Pro Tem Turner that the foregoing appointment be confirmed, seconded by Council Member Kennedy and passed unanimously. LMED ttts 1 t9B ` Minutes Regular Council Meeting February 17, 1982 Page 2 •,',1 1 j Mayor Jones announced the scheduled bid opening on the following engineering project: Hurricane Allen Bayfront Park Restoration Project. 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. Mr. James K. Lontos, P.E., Assistant City Manager, provided an explanation of the entire project including the four alternates. He then opened bids from the following companies: APCCO; Civil Constructors, Inc.; Heldenfels Brothers; Isles Construction; and Randall & Blak , Inc. Mayor Jones expressed appreciation to the bidders who had submitted bids and stated that the bids will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the staff for tabulation and recommendation. Mayor Pro Tem Turner inquired if minority contractors are contacted in regard to city projects, and Mr. Lontos explained that their procedure is to send a notice of the bid to the minority contractors' office and a telephone call is made by a staff member to explain the type of project being bid. * * * * * * * * * * * * * 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. The following actions be taken on the Transit Bus Washing Slab project: a. The contractor be granted a five day extension to supplement the allotted 15 day working time for the project. b. The project be accepted as complete and final payment of $5,016.40 be made to A. Ortiz Asphalt Paving. The five day extension is recommended because the contractor pursued the work diligently and minor delays were encountered involving utility work performed by City forces. The total cost of this project was $48,139 which provided for the construction of a concrete slab, necessary utilities and other facilities to accommodate bus washing equipment previously purchased by the City. The bus washing equipment has been installed and is in operation at the Transit Yard. It was included in a capital assistance grant from the Urban Mass Transportation Admininstration and was paid for 80% by the Federal Government, 13% by the State and 7% by the City. The City's portion came from the Transit Bond Fund. t Minutes Regular Council Meeting February 17, 1982 Page 3 2. Parcel 1 be acquired from Mr. and Mrs. Castulo E. Delgado for the Tracy Addition Street Improvement project. An appropriation of $1,541 including $216 for closing costs is recommended from the Street Bond Fund. Acquisition is based on an independent appraisal completed by Mr. Sidney H. Smith III., This parcel is located at the corner of 19th and Riggan Street. The construction contract for the project was recently awarded to Asphalt Paving and Construction Company and the work is underway. 3. Values totaling $6,250 for acquisition of two easement parcels for the Baldwin Boulevard Waterline -Navigation Boulevard to Santa Elena Sreet be approved and $7,000 including $750 for contingencies be appropriated from the 205 Water System Bond Construction Fund. These parcels are located between Navigation Boulevard and Santa Elena Street. A signed contract for one of the parcels at approved value has been received. 4. The Westside Wastewater Treatment Plant Improvements contract be accepted and final payment of $2,925.56 be made to Goolsby Building Corporation for a total of $871,618.75. The contract was awarded April 20, 1978 and was funded by 1977 bond funds and a grant from the Environmental Protection Agency. Improvements included the construction of an automatic backwash filter as a tertiary treatment process which was required by the Environmental Protection Agency. Other improvements included upgrading the existing treatment facilities to provide better effluent. All improvements have been completed and the City's consultant, McCaughan, Etheridge & Webb, has certified that the improvements have been constructed in accordance with the City's plans and specifications. 5. The following actions' be taken on the construction of a Heavy Equipment Building at the City Service Center. a. The architectural'agreement for design of the Heavy Equipment Building with Swanson, Heister, Wilson, Claycomb Architects (SHWC), approved in July 1970, be terminated by mutual consent. b. The architectural agreement with Needham B. Smyth & Associates for design of the Park and the Wastewater Maintenance Building at the City Service Center be amended to include the design of a Heavy Equipment Building at the center. The Heavy Equipment Building was bid in March, 1971 but was not awarded due,to excessive cost at that time. SHWC began an alternate design in 1974 but the plans were not completed. Funds to construct the building as originally planned are not sufficient. Economy of construction can be attained by designing all three buildings in a similar fashion and constructing them simultaneously. An appropriation of $19,500 from 1972 bonds for architect fees for the Heavy Equipment Building is recommended. Mayor Jones requested that a list be provided the Council of all projects in the previous bond programs that have not been completed at this time and Mr. Lontos assured him that the staff will have this available in approximately two weeks. 1 Minutes Regular Council Meeting February 17, 1982 Page 4 6. Shilstone Engineering Testing Laboratory be retained at a cost of $5,741 to provide testing services for the Tracy Addition Street Improvement project. The services included quality control testing for concrete and asphalt paving material and tests for subgrade and caliche base. The total contract cost of this 6th Year Community Development project is $1,268,274.05. Funds for testing were included in the contingency appropriation when the contract was awarded and a separate appropriation is not needed. 7. A triangular portion of Lot 12, Block 16, Meadow Park Addition be sold to the abutting property owner Bernardo Vera and wife, Emma Vera, for a cash consideration of $2,550. This vacant parcel has approximately 3,525 square feet and is the remainder of a parcel that was acquired by the City in 1980 for the Ella Barnes Unit 1B Street Improvements. This parcel is located at the corner of Osage and Huron Streets. Mayor Jones inquired if there was an appraisal on the property referred to in item 7. Assistant City Manager Lantos explained that ' of the lot was used for street reconstruction and he was of the opinion that the City has benefited more from the right-of-way obtained than they will derive from the sale of the remainder of the lot. Acting City Manager Briones stated that it is a fair price and the buyer has agreed to it. 8. Ordinance No. 16610 approved on October 21, 1981 be amended to delete the Brighton Village Subdivision from the requirement to pay an $800 per acre or $200 per lot sanitary sewer use fee. The ordinance established the area to be served by the Cimmaron Boulevard Sanitary Sewer and was intended to create an equitable means for developer participation for sewers and a funding source to reimburse the Brighton Village developers for oversize-overdepth costs incurred during the installation of the 15 -inch diameter sanitary sewer trunk line in Cimmaron Boulevard. The annexation agreement for the 99 -acre subdivision provided for the developer installing the line and being reimbursed through future fees collected on the line through a 15 year payout. The staff feels the Brighton Village developer should be excluded from the collection of the fee because they funded the installation and face the risk of not being totally repaid during the payout period. 9. A resolution be adopted effective February 26, 1982 naming Edward A. Martin as the authorized representative and giving him authority to sign all documents including grant applications, grant amendments, reimbursement requests and other related instruments regarding all E.P.A. grant work. The resolution has been requested by E.P.A. 10. A revocable easement be granted to Rust Properties providing for the utilization of portions of North Carancahua and Antelope Streets during the construction of the 23 story Texas Commerce Bank Plaza building. A 14 foot by 112 foot easement area is requested in North Carancahua Street for the construction of an underground electrical vault and permanent shoring piling and a 11.8 foot by 134 foot easement area on Antelope Street for the construction of the same type of permanent piling and for the installation of two air vents. All improvements would be underground and the sidewalk and pavement surface would be restored after construction. A fee of $200 is recommended for the easement grant. Mi. a Regular Council Meeting February 17, 1982 Page 5 11. Two replacement transit vans for the mobility impaired be purchased from Microbus Corporation, Cerritos, California on the basis of low bid of $45,192 and this amount be appropriated from the Transit Bond Fund. The vans will be paid 80% by the Urban Mass Transportation Administration, 13% by the State and 7% by the City under a capital assistance grant. The vans will replace 1977 models with approximately 90,000 miles each. The vans will have seating for six passengers plus tiedowns for 3 wheelchairs. 12. The recommendation of the Marina Board to increase fees charged for transient boats be approved. The fee for transient pleasure craft would be increased from $5 per day for dockage and $1 per day for electricity to $12 and $2, respectively. The fee for transient crew boats and other commercial boats would be $25 per day plus $2 for electricity. The length of stay for transient crafts would be increased from five days to ten days. Mayor Jones inquired about the availability of fuel at the Marina and the potential danger of people supplying their own gasoline to boats Mr. Briones explained that the sale of gasoline requires tank; FEMA has still not approved reconstruction; and nothing allow for the sale of gasoline at the Marina at this time. Council Member Kennedy suggested that the tanks be provided are available before FEMA approves construction of the entire project. Mr. Briones informed the Council that the staff is studying the proposal by a private source to construct a Marina Office and gasoline station. Assistant City Manager Utter explained the procedure followed when transient boats desire to dock temporarily in the Marina, stating that usually there are as many as 20 slips available for these boats. He informed the in the Marina. an underground can be done to with funds that i Council that the proposed charges are comparable with those of other cities. 13. An amended lease agreement be approved with Pleasure Pier Associates, Inc., dba Captain Boomers. The amendments include increasing the term of the lease from the current five years to fifteen years thru October 10, 1995 and providing for review of the rate schedule currently in effect at the end of the initial 5 year period of the agreement on October 10, 1985. The amendment will allow Captain Boomers to have the same lease period as the Nueces Landing Company and provide for review of the rate schedule at the end of the initial five year period so that the rates can be related to those in the Nueces Landing Company lease. Mayor Jones inquired as to when and how the rates will be paid and Mr. Briones replied that they would be paid on a monthly basis. Mayor Jones inquired if there will be a method of re-evaluating the present rate at the end of the five year period in 1985 or will this be the termination of the lease. Minutes Regular Council Meeting February 17, 1982 Page 6 Acting City Manager Briones replied that the City will negotiate with the company at the end of their current lease. Council Member Gulley asked that he be notified if and when a public hearing be scheduled by the Corps of Engineers in connection with the permit requested by Nueces Landing Company for the installation of a restaurant type paddle boat on the L -Head. 14. Authority be granted for the City Manager to execute a 15 year lease agreement and an agreement to contract with Ray Hunley for operation of a boat repair service on the L -Head. Approval of a long-term lease is necessary. Mr. Hunley will renovate and improve the facility. Council Member Dumphy asked about the renovations planned and the proposed improvements of the boat repair service. He pointed out that this area is not very attractive. Mr. Briones stated that the staff plans to include in the agreement the requirements that the seawall and the south end needs to be cleaned. Mr. Ray Hunley assured the Council that he will be glad to see that the debris is removed from the area. He then displayed an architect's rendering of the planned building and assured the Council that he would keep the area clean. Assistant City Manager Utter explained that this is a building to repair boats and the staff concurs that this open repair building, if properly maintained, will add to the esthetics of the Marina; and stated that the staff concurred that the galvanized material will be the best type 'that would not deteriorate as quickly as others. Mayor Jones inquired as to why this lease did not go out•for bids to the highest bidder. Acting City Manager Briones stated that Mr. Hunley is already located there; he has an investment; and it seemed reasonable to approve this agreed upon lease. He also pointed out that Mr. Nunley had agreed to an increase in the fee. Council Member Kennedy questioned if there are crews in this City that can keep the Marina clean. He expressed the opinion that the staff should examine the Marina, particularly some of the deteriorating pilings and other items, and suggested that this clean up expense be included in the Marina Budget. A •T Mir. Regular Council Meeting: February 17, 1982 Page 7 15. A revised five-year lease agreement be approved with the Southside Little League for two parcels of land, one being 5 acres, the other being 1.71 acres, for the purpose of conducting a Little League Baseball Program. The 1.71 acre tract was previously leased to the Southside Pony League and is being added to the Little League at the request of both leagues. 16. A two-year lease agreement be approved with the Housing Authority of Corpus Christi. The Housing Authority has provided space at 3312 Wayside for the purpose of providing a center through which the Senior Community Services may provide outreach, referral, recreation and other supportive services to the occupants of Clairelaine Gardens and all the senior citizens of the community. The lease has a provision for renewal for two additional years. The lease is rent free with the City responsible for electricity and janitorial service. 17. A dredging contract for $6,500 be approved with Goldston Corporation for dredging a 100' x40' x6' area at the Oso Bay Boat Ramp to repair damage caused by Hurricane Allen. The work will be paid by FEMA money received by the Texas Parks and Wildlife Department. The Texas Parks and Wildlife Department' received two bids for the work with the Goldston bid being the lowest. 18. An appropriation of $190,000 be approved for the construction of the Bernice Leonard Day Care' Center by the Mary McLeod Bethune Day Nursery, Inc. to principally serve Census Tracts 4 and 5. This project is part of the Sixth Year Community Development Block Grant Program. The funds will be used to partially defray the construction cost of the Center, estimated at $366,376. Mayor Pro Tem Turner referred to item 18 and the previous discussion of this day care center and questioned the source of the funds. Mr. Briones stated that the organization has pledges and other contributions to help fund this project. He assured the Council that the group had raised most of the money. Mayor Pro Tem Turner expressed approval of a group that could accomplish this and suggested that a ground -breaking ceremony be arranged. 19. Bids be received March 9, 1982 for two modular wood and metal play systems for neighborhood parks. One unit will be placed in St. Andrews Park and will be 50% paid for by the St. Andrews Park Association. The other unit is for South Bluff Park. The City's portion of the cost will come from the Park Bond Fund. 20. Bids be received March 9, 1982 for an automated film booking system for the South Texas Library System. The equipment is included in the grant from the State Library for the system and includes a computer and related hardware and software to reserve films for library patrons and to quickly determine what films are available for checkout. No local money in involved. 21. Bids be received March 9, 1982 to furnish and install approximately 490 sq. yds. of carpet and pad at the Art Museum of South Texas to replace carpet damaged by Hurricane Allen. The project is included in the Revenue Sharing Budget. Minutes Regular Council Meeting February 17, 1982 Page 8 22. The recommendation of the Bay Drilling Committee be approved that a permit for a shot hole seismic survey utilizing underground explosives be granted to Seiscom Delta United Corp. The survey will be in the Mustang Island State Park and extend approximately one and one half miles into Corpus Christi Bay. The Island terrain is not suitable for the use of the non -explosive seismic methods permitted by the Land and Bay Drilling Ordinances. The Council has authority to waive this provision if the public health, safety and welfare are adequately protected. The surveying will be limited to weekdays only. Special precautions for pipelines and roads are to be taken and 10 lb dynamite charges are to be discharged from a depth of not less than 80 ft. in approximately 200 holes. The applicant has provided a certificate of public liability insurance in the amount of $1,000,000.00. The Mustang Island State Park Superintendent has recommended this method be used. No other exceptions to the Drilling Ordinances are requested. Council Member Hawkins stated that since this is a waiver of the requirement of the Bay Drilling Ordinance, possibly it would be necessary to have a public hearing. He pointed out that if something went wrong when the explosives are used, it could have a disastrous effect on the City. Mr. Bill Hennings, Assistant City Manager, explained that the Land Drilling Ordinance has a specific clause to allow the Council to approve exceptions to the drilling ordinances. He stated that this is the first time this type of explosive will be used under water. He also informed the Council that the public hearing was conducted before the Bay Drilling Committee at which time the Superintendent of Mustang Park was invited to attend. He informed Mr. Hawkins that the ordinance does not set forth a procedure to have a public hearing before the City Council. Mr. James Conn, Petroleum Superintendent, stated that routinely explosives are used in the Bay but this is just a little more than the routine use. Council Member Hawkins questioned the danger since a $1 million dollar insurance policy is required. Mr. Conn explained that this is in a location in which the vibrating method usually employed could not be used and he felt that this is a better method. Council Member Hawkins again expressed concern since this is inside the city limits and asked City Attorney Aycock if he did not agree that a public hearing should be held. Mayor Jones inquired if there are professionals who are knowledgeable who will be employing this method of conducting seismic surveys. Mr. Conn stated that this is a method which must be resorted to in special zµ Mi Re; Council Meeting ,February 17, 1982 Page 9 conditions. He expressed the opinion that there will not be any danger and very little surface evidence will result since the explosives will be used under water. Mr. Hennings assured the Council that the industry and the Bay Drilling Committee are of the opinion that this is the best method. He stated that there will only be a loud thud when the explosive is detonated and explained all of the regulations with which they must comply when using explosives. Council Member Zarsky stated that he felt that the staff and the Bay Drilling Committee have made a thorough investigation and he would base his decision on their judgement. Council Member Hawkins asked for an explanation of the special precautions that will be taken and the dates the tests will be made. He stated that he felt that the citizens should be aware of the dates the tests are going to be conducted. Mr. Conn stated that he will be out there monitoring the operation and mentioned the various permits that will be required to conduct the tests. He also stated that there was a public hearing before the Bay Drilling Committee. City Attorney Aycock pointed out that this also is a public meeting at which any citizen could participate and a formal public hearing is not required under law. *Mayor Jones departed the Council Chamber for a brief period during which Mayor Pro Tem Turner presided. 23. Four replacement sedans be purchased for the Police Department as follows: Hertz Corporation .2 ea. @ $ 6,541.00 Richardson, Texas Pagan -Lewis Motors 2 ea. @ $ 6,695.00 Corpus Christi, Texas GRAND TOTAL $26,472.00 The bid price is 18% lower than the bid received in December for four "off the lot" vehicles, which were smaller four cylinder engine models which did not meet specifications. Two new bids were received and two units are recommended for purchase from each bidder. The units are for the Narcotics Task Force. Previously,, officers assigned to the Task Force used leased vehicles which were required by the Task Force Grant. Grant funding has terminated and vehicles •need to be purchased. 24. Proposals be received March 9, 1982 for professional services to prepare and negotiate a -central service cost allocation plan and indirect cost rate proposals to meet the requirements of Federal Management Circular 74-4. The cost allocation plan and indirect cost rate allow the City to recover administrative indirect costs applicable to Federal and State grants. The Finance Department does not have sufficient staff to prepare and negotiate the plan. Minutes Regular Council Meeting February 17, 1982 Page 10 25. An addendum be approved amending the contract dated August 30, 1981, with Gallagher -Bassett Insurance Service which provides for adjusting services for the self-insurance program. The addendum specifies an hourly rate for adjusting services on claims which occurred prior to contract beginning August 30, 1981 and provides for the continuation of adjusting services to allow for handling of pending claims in the event the contract is cancelled. The current contract is for $12,800 based upon a maximum of 300 claims during the contract year. 26. Bids be received March 9, 1982 for an additional 12 ton tilt bed trailer for Wastewater Services. The trailer will allow heavy equipment to be moved more rapidly from location to location than driving the equipment itself on the highway. There will also be less wear and tear on the equipment. Presently, the tap and maintenance of lines crews have trailers but the heavy construction crew does not. 27. The Code of Ordinances, Section 36-9, be amended to modify the regulation of overnight camping and camp fires and add prohibition of overnight camping and camp fires in the Corpus Christi Central Improvement District and the Shoreline/Ocean Drive Parkway with certain exceptions. Camping overnight will be allowed in designated areas at Corpus Christi Beach Park, in the parking lots adjacent to the Coliseum, Exposition Hall and the Arts & Science Park under certain conditions. Council Member Kennedy asked if there are places where people who arrive in the middle of the night in Corpus Christi can stay and Mr. Briones replied in the negative. Dr. Kennedy suggested that signs be posted as to where camping is permitted. *Mayor Jones returned to the meeting at this time. A motion was made •by Mayor Pro Tem Turner to find out the cost of as many signs as would be necessary to post to prohibit overnight camping; seconded by Council Member Gulley; and passed unanimously. Council Member Hawkins again referred to the method of testing by the use of explosives in the bay and stated that the public should be made aware of when the testing will be done and precautions taken to protect people. Mr. Briones pointed out that this is an isolated area and Mayor Jones requested that a representative from City's Service explain. Mr. Hugh Fraser, a representative of Seiscom Delta United Corporation, stated that his company had been retained to perform seismic survey in this area because the other methods are not adequate due to the depth of the bay in that area. He assured the Council that his company performs dynamite work all over the United States and explained the consequences of the company's drilling operation when they used a 17 -year old survey which indicated that this new survey was necessary before the drilling begins. He again assured the Council that they are governed by all types of rules and regulations; their company is a Il os r ,ncqul;u- Council Mooting February 17, 19H2 Page 11 world-wide organization; the company has only one permit and if they should have a problem in any area, that permit would be withdrawn which would damage their company throughout the world. He assured the Council that if this were not a safe method, they would not be using it. Council Member Hawkins inquired if his company was willing to give the public notice of the date on which they will be in operation in order that fishermen will be protected and would be warned to stay out of that area of the bay. Mr. Fraser explained that his company is as concerned about having everyone out of that area as much as Mr. Hawkins. He stated that they do not want any activity in the area so that an accurate test will result. In regard to the dates, he explained that they plan to start their operation on March 1 and the . tests will continue for about 30 to 45 days, Monday through Friday, depending on the weather. He informed the Council that Parks and Wildlife Service will post guards around the area and place signs around the area. He then explained in detail their method of operation and noted that they are controlled by many regulatory bodies, including OSHA. 28. The following actions be approved to implement the recommendations of the A.I.D. Ambulance Advisory Council that the provision of non -emergency or routine transfer service be dropped as of April 15, 1982. a. The 1981-82 A.I.D. Ambulance Fund Budget be amended to decrease the estimated, income from non -emergency calls by $30,000, decrease the appropriation for fuel and lubricants in the A.I.D. Ambulance activity by $1,500, increase the Hospital District's contribution by $14,250 and appropriate $14,250 out of the General Reserve Fund to increase the City's General Fund contribution by $14,250. b. The contract between the City and the Hospital District for the provision of ambulance service be amended to delete the reference to non -emergency service and to provide that the contract will continue for consecutive two-year terms until canceled by either party. c. The City Code be amended to adopt regulations governing the provisions of non -emergency transportation by private ambulance companies. The regulations will allow a van -type vehicle to be used to provide routine transfers. The vehicle would have to be capable of carrying a cot in a fixed position or a wheelchair, provide a seat for the attendant and sufficient head room for the attendant to administer aid to the patient when required and be equipped as required by the State Department of Health. The vehicle would have to be staffed with a driver certified as an Emergency Care Attendant and an attendant, who is an Emergency Medical Technician -Ambulance. The amendments to the City -Hospital District contract will also have to be approved by the County Commissioners. Approval will be sought before third reading of the ordinance amending the contract. Minutes Regular Council Meeting February 17, 1982 Page 12 There were no further comments on the City Manager's Reports. A motion was made by Council Member Zarsky that the City Manager's Reports, items 1 through 28 be approved as presented; seconded by Council Member Hawkins, with the exception of item 22 on which he planned to abstain; and passed by the following vote: Jones, Dunphy, Gulley, Kennedy and Zarsky voting "Aye" on all of the items; Hawkins voting "Aye" on all of the items with the exception of item 22 on which he abstained; Turner absent from the Council Chamber at the time the vote was taken. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the following item: 1. Closure of Second Street from Morgan 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 propdrty 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 the street providing utility easements are retained and a fire lane is provided to serve the Medicenter building. Assistant City Manager Lontos located on the map the street and its relationship to Spohn Hospital. He explained that the hospital has requested that this street be closed in order for them to construct a parking garage and lot; the staff has met with Spohn Hospital officials and concurs that this street should be closed with the retention of utility easements and the dedication of a fire lane on the Medicenter property adjacent to the street. He pointed out that Spohn Hospital owns most of the property in this immediate area with the exception of two lots, one of which belongs to Mr. Brooner who operates Hroonor's Studio. Mayor Jones called on the applicant. Mr. J. W. Gary, Attorney representing Spohn Hospital, explained that the hospital wants to close this portion of Second Street for safer parking and access to the hospital. He explained also that the fire lane will be curved to provide a safer turning angle. He informed the Council that one of the primary functions of the proposed plan is to assist visitors to park at the hospital, noting that there will be a net of 400 parking spaces in the parking garage. Rites .gular Council Meeting ' February 17, 1982 Page 13 Mr. Gary pointed out that this additional parking will eliminate the dangerous practice of visitors having to continually circle the block in search of a parking space. Speaking in opposition to this street closing was Mr. James Klager, representing Mr. Terry Brooner the owner of the studio in the block. He expressed the opinion that if this street is closed, visitors to the hospital will be forced to go out to Ocean Drive when circling the block. He stated that Brooner's Studio has been at this location for 40 years and that they were not notified of these plans until nine days ago when the notice of the public hearing before the Council was sent to them. He expressed concern about the proposed fire lane and the possibility of difficulties that will come up in the turning areas of the fire lane. He stated that he was of the opinion that the fire lane would be inadequate because of the sharp angle that will be necessary extending from Second Street on the- other side of Morgan. Mr. Klager also informed the Council that there is a modeling agency next door to Brooner's Studio and he requested that they be treated as fairly as the hospital has and given the same consideration.; He stated that both companies need the alley for delivery purposes and if the Council should vote to close Second Street, then the alley should be left open and the portion of Second Street leading to the alley remain open. Mr. Klager also expressed the opinion that emergency vehicles would have difficulty in locating the fire lane in emergency situations. Further discussion followed by the Council in regard to this street closing. A motion was made by Council Member Dumphy that this hearing be recessed in order for further discussions to be conducted by the applicant and the other owners in the area, as well as the City staff, and presented to the Council in two weeks; seconded by Council Member Zarsky. Also speaking in opposition to this closing was Mr. John Westerville, representing hiself, his ,brother and his aunt, who own property next to Elizabeth Street at Ocean Drive. He expressed concern that if Second Street is closed, an extra burden will be placed on both of those streets. Mr. Lontos agreed that the matter should be tabled for two weeks in order for the engineering staff to study the possibility of not closing all of Second Street. Minutes Regular Council Meeting February 17, 1982 Page 14 Council Member Gulley expressed concern that the fire lane extends through a private parking lot which would make it difficult for emergency vehicles to determine that it is actually a fire lane. Mayor Jones called for the vote on the motion to recess the hearing for two weeks and it passed unanimously. Further discussion followed and the Council indicated that the staff should attempt to resolve with the applicant the problems of both alleys. * * * * * * * * * * * * * Mayor Jones announced the public hearing on the contractual annexation of a 74.94 acre tract being platted as County Creek Subdivision located east of Rodd Field Road between Saratoga Boulevard and County Road 26A. Mr. Larry Wenger, Acting Director of the Planning Department, located the area proposed for annexation and explained the subdivision that is planned for that area. Mr. Larry Urban, representing the applicant, stated that they are not sure just what type of units will be constructed there, but three church tracts are included in the area. No one else spoke in regard to this matter. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky, and passed unanimously. A motion was made by Mayor Pro Tem Turner that the annexation of this tract of land be approved; seconded by Council Member Zarsky; and passed unanimously. * * * * * * * * * * * * * Mayor Jones announced the public hearings on five zoning applications. Assistant City Manager Utter announced the public hearing on Application No. 1181-8, Gulf Oil Company, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Block B, Brookdale Park located at the northwest corner of Airline Road and South Alameda Street. Mr. Utter explained that in response to the notices of the public hearing, one in opposition and none in favor were returned and that the Planning Commission recommends denial, but in lieu thereof, that a special permit be approved to accommodate new signs for the existing service station, and the staff recommends denial, but they would not object to the special permit to 71:11ow the signs. lutes ..egular Council Meeting February 17, 1982 Page 15 Acting Director Wenger 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 application was in order for Gulf Oil Company to install larger signs than are'allowed in the existing zoning. He stated that the staff is of the opinion that the special permit would be preferable to "B-4" zoning. The service station operator informed the Council that they would prefer to have "B-4" zoning since with a special permit, anytime they desired to change their property in any way, they would be forced to obtain another special permit. Mayor Jones stated that he objects to "B-4" zoning as requested since this shopping area is completely surrounded by residential areas. Council Member Zarsky inquired if it is not customary to have "B-4" zoning at major intersections. Mr. Wenger explained that this is a little different because this is a very small shopping center completely surrounded by single family dwellings and it is actually a neighborhood type business center. Mr. Jim Shipley, construction engineer for Gulf Oil Company, explained to the Council that the company only plans to install signs advertising their prices and it will not be objectionable in his opinion. Council Member Dumphy stated that if this use was completely new, the Council might wish to zone it "B-4", but it is an established area. He pointed out that Mr. Shipley could do everything allowed in "8-1" without coming back to the Council if a special permit were approved just for the sign. Mr. Wenger stated, however, that if the Council approved a special permit, a site plan would have to be presented which would limit the owner to the site plan as submitted. Mayor Pro Tem Turner stated that she felt that a special permit should be approved just for the sign but retaining the "B-1" uses and Council Member Hawkins concurred. Further discussion followed in regard to the method by which the special permit could be approved. A motion was made by Council Member Gulley that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. Minutes Regular Council Meeting February 17, 1982 Page 16 A motion was made by Council Member Gulley to deny the zoning of "B-4" for Application No. 1181-8, but in lieu thereof that a special permit be granted for just the property on which the two signs will actually be erected with the retention of "8-1" zoning on the remainder of the property; seconded by Council Member Hawkins; and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye"; Jones voting "No". * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 1181-9, Gulf Oil Company, for change of zoning from "B-1" Neighborhood Business District to "B-4" General Business District on Block A, Lamar Park located at the southeast corner of Doddridge and South Alameda Street. He explained to the Council that this is the same type of appplication as the one previously heard and that the Planning Commission again recommends that it be denied but in lieu thereof a special permit be approved to accommodate new signs for the existing service station, and the staff recommends denial. He informed the Council that in response to the notices of the public hearing, none had been returned. Mayor Jones ascertained that no•one in the audience wished to speak on this zoning application. A motion was made by Council Member Dumphy that the hearing be closed, seconded by Council Member Gulley and passed unanimously. A motion was made by Council Member Gulley that the "B-4" zoning requested in Application No. 1181-9 be denied but in lieu thereof that a special permit be granted for the property on which the two signs will actually be erected with the retention of "8-1" on the rest of the property; seconded by Council Member Kennedy; and passed by the following vote: Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye"; Jones voting "No". * * * * * * * * * * * * * Mr. Utter announced the public hearing on Application No. 182-6, Mr. Steve Dean, for change of zoning from "R -1B" One -family Dwelling District to "B-4" General Business District on a one acre tract out of a part of the Gregoria Farias portion of the Barranco Blanco -Grant located on the north side of Up River Road approximately 500' east of U.S. Highway 77. Mr. Utter informed the Council that the Planning Commission and the Planning Staff both recommend approval and that in response to the notice of the public hearing, one in favor and none in opposition were returned. • utes .gular Council Meeting February 17, 1982 Page 17 Mayor Jones determined that no one in the audience desired to speak on this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Dumphy and passed unanimously. A motion was made by Council Member Hawkins that the Council concur with the recommendation of the Planning Commission and approve the zoning of "B-4" for Application No. 182-6; seconded by Council Member Dumphy; and passed unanimously. Mr. Utter announced the public hearing on Application No. C182-8, City of Corpus Chrsiti for a change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Lots 1, 2, 3, and 4, Block 1, and Lots 1, 2, 4, 5, 6, 7 and 8, Block 3, Cabaniss Industrial Park, located south of Saratoga Boulevard and on either side of the extension of Kostoryz Road south of Saratoga Boulevard and Blocks 1, 2, 3, 4, 5 and 6, Nottarb Place Unit 1, and Blocks 4, 5, 6, 7, 8 and 9, Nottarb Place Unit 2, located west of Weber Road between Saturn and Bratton Roads. Assistant City Manager Utter informed the Council that both the Planning Commission and Planning Staff recommend approval and that in response to the notices of the public hearing, three in favor and one in opposition had been returned. He also stated that the Navy has no objection to this zoning. Mr. Wenger commented that this is a newly annexed area. No one spoke in regard to this zoning application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Mayor Pro Tem Turner and passed unanimously. A motion -was made by Council Member Gulley that the Council concur with the recommendation of the staff and approve the zoning of "I-2" for Application No. C182-8; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * Assistant City Manager Utter announced the public hearing on Application No. C182-9, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 29.12 acres out of Lot 1, Section 14, Bohemian Colony Lands, located on the south side of Saratoga Boulevard, approximately 800' west of Chapman Ranch Road. Minutes Regular Council Meeting February 17, 1982 Page 18 Mr. Utter stated that both the Planning Commission and Planning staff recommend approval and that there was no response to the notices of the public hearing. No one spoke in regard to this application. A motion was made by Mayor Pro Tem Turner that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Mayor Pro Tem Turner that the Council concur with the recommendation of the planning staff and approve the zoning of "I-2" for applcation No. C182-9; seconded by Council Member Dumphy; and passed unanimously. * * * * * * * * * * * * * Mayor Jones called for the ordinances. Mr. Briones briefly explained the ordinances on the agenda. No one from the audience spoke in regard to the ordinances; City Secretary Read polled the Council for their votes; and the following ordinances were passed: FIRST READING: AMENDING THE 1981-82 BUDGET, ADOPTED BY ORDINANCE NO. 16428, PASSED JULY 29, 1981, AS AMENDED, BY AMENDING THE GENERAL FUND BUDGET BY INCREASING THE TRANSFER TO THE AID AMBULANCE FUND BY $14,250 AND DECREASING THE RESERVE APPROPRIATION BY $14,250, AND BY AMENDING THE AID AMBULANCE SYSTEM FUND BUDGET BY DECREASING THE ESTIMATED REVENUE FROM AID NON -EMERGENCY CALLS BY 630,000, INCREASING THE HOSPITAL DISTRICT CONTRIBUTION AND THE CITY -GENERAL FUND CONTRIBUTION BY $14,250 EACH AND DECREASING THE APPROPRIATION FOR FUEL AND LUBRICANTS IN THE AMBULANCE ACTIVITY BY $1,500 (FUND 119, ACTIVITY 222-549.01, CODE 216). The above 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 EXECUTION OF AN AMENDED AGREEMENT WITH THE NUECES COUNTY HOSPITAL DISTRICT FOR OPERATION OF A COUNTY -WIDE PUBLIC AMBULANCE SERVICE WHICH PROVIDES FOR THE REMOVAL OF ALL REFERENCE TO NON -EMERGENCY OR ELECTIVE AMBULANCE SERVICE, A SUBSTANTIAL COPY OF WHICH AMENDED AGREEMENT IS ATTACHED HERETO, MARKED EXHIBIT "A", AND MADE A PART HEREOF. The above 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." • Minutes Regular Council Meeting February 17, 1982 Page 19 FIRST READING: AMENDING THE CODE OF ORDINANCES BY ADDING SECTION 57-200 ENTITLED TRANSFER OPERATION PERMIT AND AMENDING SECTION 57-178 TO ESTABLISH REQUIREMENTS AND PROCEDURES FOR OPERATING NONEMERGENCY MEDICAL TRANSFER SERVICES IN THE CITY; AMENDING SECTIONS 57-179 THROUGH 57-180 TO UPDATE REQUIREMENTS FOR DRIVERS AND ATTENDANTS; AND AMENDING THE DEFINITION OF "AMBULANCE SERVICE" IN SECTION 57-170. The above 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: AMENDING SECTION 36-9 OF THE CODE OF ORDINANCES TO MODIFY THE DEFINITIONS PERTAINING TO THE REGULATION OF OVERNIGHT CAMPING AND CAMPFIRES; TO PROHIBIT OVERNIGHT CAMPING AND CAMPFIRES IN THE CORPUS CHRISTI IMPROVEMENT DISTRICT AND THE SHORELINE -OCEAN DRIVE PARKWAY WITH CERTAIN EXCEPTIONS; AND PROVIDING FOR SEVERANCE. The above 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 AN AGREEMENT TO CONTRACT WITH RAY HUNLEY FOR RENOVATION AND IMPROVEMENT OF THE BOAT REPAIR FACILITY ON THE L -HEAD, ALL AS MORE FULLY SET FORTH IN THE LEASE AGREEMENT, MARKED EXHIBIT "B", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND AUTHORIZING THE CITY MANAGER, UPON COMPLETION APPROVAL AND ACCEPTANCE OF SUCFI RENOVATION AND IMPROVEMENTS, TO EXECUTE A 15 YEAR LEASE AGREEMENT WITH RAY HUNLEY FOR THE OPERATION OF A BOAT REPAIR SERVICE FACILITY ON 24,955 SQUARE FEET OF THE L -HEAD AT AN INITIAL MONTHLY RENTAL OF $1,750 SUBJECT TO ADJUSTMENT EVERY FIVE YEARS THROUGHOUT THE LEASE TERM, AS MORE FULLY SET FORTH IN THE AGREEMENT TO CONTRACT, MARKED EXHIBIT "A", A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, PROVIDING FOR PUBLICATION. The above 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: REPEALING ORDINANCE NO. 15100 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 5, 1979; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE SOUTHSIDE LITTLE LEAGUE, LEASING TO SAID SOUTHSIDE LITTLE LEAGUE TWO PARCELS OF LAND IN PRICE PARK, ONE BEING 5 ACRES, THE OTHER BEING 1.71 ACRES, FOR THE PURPOSE OF CONDUCTING A LITTLE LEAGUE BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The above 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". Minutes Regular Council Meeting February 17, 1982 Page 20 FIRST READING: AMENDING THE CORPUS CHRISTI CITY CODE, AS AMENDED, BY AMENDING ARTICLE II, MARINA SECTION, CHAPTER 12, BAYS, BOATS AND WATERWAYS, SECTION 12-61 (i), RATES FOR TRANSIENT PLEASURE CRAFT, BY CHANGING THE TITLE OF SUBPARAGRAPH (i) TO: RATES FOR TRANSIENT CRAFT, AND INCREASING THE CHARGE FOR PLEASURE CRAFT TO TWELVE DOLLARS ($12) PER DAY (CONSTITUTED AS STAYING OVER NIGHT), PLUS AN ADDITIONAL TWO DOLLARS ($2) FOR LIMITED TAP WATER AND ELECTRICITY; ESTABLISHING A TRANSIENT FEE OF TWENTY-FIVE DOLLARS ($25) PER DAY FOR CREW BOATS AND OTHER COMMERCIAL BOATS, PLUS AN ADDITIONAL TWO DOLLARS ($2) PER DAY FOR LIMITED TAP WATER AND ELECTRICITY, AND AMENDING THE LENGTH OF A STAY FOR TRANSIENT CRAFT TO NOT EXCEED TEN (10) DAYS; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. The above 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 LEASE AMENDMENT WITH PLEASURE PIER ASSOCIATES, INC., DBA CAPTAIN BOOMERS, PROVIDING FOR THE EXTENSION OF THE TERM OF THE LEASE FROM THE CURRENT FIVE YEARS TO FIFTEEN YEARS, BEGINNING THE 11TH DAY OF OCTOBER, 1980, AND TERMINATING THE 10TH DAY OF OCTOBER 1995, AND MAKING PROVISIONS FOR A REVIEW AND RENEGOTIATION OF THE CURRENT RATE SCHEDULE AT THE END OF THE INITIAL FIVE-YEAR TERM OF THE LEASE, THE 10TH DAY OF OCTOBER 1985, A SUBSTANTIAL COPY OF WHICH AMENDMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". The above 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: AUTHORIZING THE CITY MANAGER TO EXECUTE CONTRACTS FOR GOLF PROFESSIONAL AND ASSISTANT GOLF PROFESSIONAL SERVICES AT THE CORPUS CHRISTI GOLF CENTER FOR A PERIOD OF THREE YEARS WITH THE GOLF PROFESSIONAL AT A COMPENSATION OF $1,350 PER MONTH AND FIVE (5%) PERCENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND SIX (6%) PERCENT THEREAFTER; THE FIRST ASSISTANT GOLF PROFESSIONAL AT A COMPENSATION OF $850 PER MONTH AND THREE (3%) PERCENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND FOUR (4%) PERCENT THEREAFTER; AND THE SECOND ASSISTANT GOLF PROFESSIONAL AT A COMPENSATION OF $800 PER MONTH AND TWO (2%) PERCENT OF THE GROSS SALES OF THE PRO -SHOP UP TO GROSS SALES IN THE AMOUNT OF $120,000 AND THREE (3%) PERCENT THEREAFTER, AS MORE FULLY SET FORTH IN THE CONTRACTS, A SUBSTANTIAL COPY OF EACH IS ATTACHED AND MADE A PART HEREOF AND MARKED EXHIBITS 1, 2, AND 3. (First Reading - 2/10/82) The above 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." SECOND READING: REPEALING ORDINANCE NO. 15098 APPROVED BY THE CITY COUNCIL ON SEPTEMBER 15, 1979, WHICH AUTHORIZED A LEASE WITH THE OSO LITTLE LEAGUE; AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH THE OSO PONY BASEBALL LEAGUE, LEASING TO SAID LESSEE ONE PARCEL OF LAND, BEING 16 ACRES, FOR THE PURPOSE OF CONDUCTING A PONY BASEBALL PROGRAM, ALL AS MORE FULLY SET FORTH IN THE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 2/10/82) The above 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". nutes o : Regular Council Meeting February 17, 1982 Page 21 SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT, LEASING THE BUILDINGS AND FIXTURES AT 902 PARK AVENUE IN SOUTH BLUFF PARK TO THE ART COMMUNITY CENTER FOR A TERM OF FIVE YEARS IN EXCHANGE FOR PROVIDING VARIOUS ART -RELATED EVENTS AS SET FORTH IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A". (First Reading - 2/10/82) The above 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". SECOND READING: AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH BOB AND NITA CARRELL FOR REAL ESTATE AND INVESTMENT OFFICES IN THE CITY -OWNED PROPERTY AT 613 S. SHORELINE, FOR A TERM OF THREE YEARS, 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 - 2/10/82) ' The above ordinance was read for the second time and passed to its third reding by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye". ORDINANCE NO. 16869: AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY OF CORPUS CHRISTI AND CANDY STICK CORPORATION, A TRUE COPY OF WHICH CONTRACT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND INCLUDING EXHIBITS THERETO, AS THOUGH FULLY SET FORTH HEREIN, AFTER THE NOTICE AND HEARING FOR THE ANNEXATION OF APPROXIMATELY 74.94 ACRES OF LAND OUT OF THE FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, 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, TEXAS, ADJOINING, CONTIGUOUS AND ADJACENT THERETO; PROVIDING FOR SEVERABILITY; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16870: GRANTING REVOCABLE EASEMENTS AND A TEMPORARY CONSTRUCTION EASEMENT TO RUST PROPERTIES FOR CONSTRUCTION OF UNDERGROUND FACILITIES IN THE PUBLIC RIGHTS-OF-WAY OF ANTELOPE STREET AND NORTH CARANCAHUA STREET, IN CONJUNCTION WITH CONSTRUCTION OF TEXAS COMMERCE BANK PLAZA, ADJACENT TO BLOCK 5, BLUFF PORTION AS FILED FOR RECORD IN VOLUME A, PAGES 2 AND.3, MAP RECORDS OF NUECES COUNTY, TEXAS, ALL AS MORE FULLY SET FORTH IN THE REVOCABLE EASEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT "A"; AND DECLARING AN EMERGENCY. ! The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16871: THAT THE CITY MANAGER IS AUTHORIZED TO MAKE APPLICATION FOR GRANT ASSISTANCE UNDER PUBLIC LAW 92-500 AND THE RULES AND REGULATIONS PURSUANT THERETO, SPECIFICALLY 40CFR 30.315-1 (1975); AND TO SIGN THE ACCEPTANCE OF THE GRANT ASSISTANCE, WHEN MADE, AND ANY OTHER DOCUMENTS REQUIRED TO COMPLETE THE PROJECT, ON BEHALF OF THE CITY OF CORPUS CHRISTI; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." Minutes Regular Council Meeting February 17, 1982 Page 22 ORDINANCE NO. 16872: AMENDING ORDINANCE 16610 AS APPROVED ON OCTOBER 21, 1981, AND PROVIDING FOR PAYMENT OF AN $800 PER ACRE OR $200 PER LOT FEE FOR THE CIMMARON BOULEVARD SANITARY SEWER SYSTEM BY EXEMPTING FOR THE PAYMENT OF SUCH FEE BRIGHTON VILLAGE, UNIT 1, A 60.92 ACRE TRACT AS FILED FOR RECORD IN VOLUME 47, PAGES 8 THROUGH 10, NUECES COUNTY, TEXAS MAP RECORDS, AND BRIGHTON VILLAGE, UNIT 2, A 38.24 ACRE TRACT FILED FOR RECORD IN VOLUME 47, PAGE 20, NUECES COUNTY, TEXAS, MAP RECORDS; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16873: CANCELLING AND RESCINDING ORDINANCE NO. 12552, PASSED AND APPROVED BY THE CITY COUNCIL ON JULY 22, 1970, 'WHICH AUTHORIZED AN ARCHITECTURAL CONTRACT WITH SWANSON, HEISTER, WILSON, CLAYCOMB (SHWC, INC.) ARCHITECTS, FOR ARCHITECTURAL SERVICES IN CONNECTION WITH THE DESIGN OF A HEAVY EQUIPMENT BUILDING AT THE CITY MUNICIPAL SERVICE CENTER, AND DECLARING NULL AND VOID THE TERMS AND CONDITIONS OF THE CONTRACT SAVE AND EXCEPT THOSE THAT HAVE BEEN MET, ARISING OUT OF THE AUTHORITY OF ORDINANCE NO. 12552 AND THE CONTRACT APPROVED THEREBY; REVERTING ALL UNEXPENDED APPROPRIATIONS FROM THE 264 MUNICIPAL SERVICE CENTER BOND FUND (FORMERLY N0. 207 PUBLIC BUILDING BOND FUND) HERETOFORE AUTHORIZED FOR PROJECT NO. 264-72-2, HEAVY EQUIPMENT MAINTENANCE BUILDING CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dunphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16874: AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE ARCHITECTURAL CONTRACT WITH NEEDHAM B. SMITH 6 ASSOCIATES PROVIDING FOR DESIGN AND PREPARATION OF PLANS AND SPECIFICATIONS FOR THE HEAVY EQUIPMENT BUILDING AT THE CITY OF CORPUS CHRITI MUNICIPAL SERVICE CENTER, 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 OUT OF THE NO. 264 MUNICIPAL SERVICE CENTER BOND FUND THE SUM OF $19,500 APPLICABLE TO PROJECT NO. 264-72-2, HEAVY EQUIPMENT MAINTENANCE BUILDING CONSTRUCTION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye". ORDINANCE N0. 16875: APPROPRIATING OUT OF THE SIXTH YEAR COMMUNITY DEVELOPMENT BLOCK GRANT THE SUM OF $190,000 FOR THE CONSTRUCTION OF THE BERNICE LEONARD DAY CARE CENTER BY THE MARY McLEOD BETHUNE DAY NURSERY, INC., TO PRINCIPALLY SERVE CENSUS TRACTS 4 AND 5; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye". ORDINANCE NO. 16876: AUTHORIZING THE CITY MANAGER TO CONVEY BY SPECIAL WARRANTY DEED TO BERNARDO VERA AND WIFE, EMMA VERA, A PARCEL OF LAND OUT OF LOT 12, BLOCK 16, MEADOW PARK ADDITION, IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FOR A CASH CONSIDERATION OF $2,550, ALL AS MORE FULLY SET FORTH IN THE SPECIAL WARRANTY DEED, 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 above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye". autos . Regular Council Meeting February 17, 1982 Page 23 ORDINANCE NO. 16877: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCELS 1 AND 2 IN CONNECTION WITH THE BALDWIN BOULEVARD WATER LINE AND HOT MIX OVERLAY IMPROVEMENTS -NAVIGATION BOULEVARD TO SANTA ELENA STREET, PROJECT NO. 205-81-4; APPROPRIATING OUT OF THE NO. 205 WATER SYSTEM BOND CONSTRUCTION FUND THE SUM OF $7,000, OF WHICH $6,250 IS FOR ACQUISITION AND $750 IS FOR CONTINGENCIES; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16878: AUTHORIZING THE CITY MANAGER TO EXECUTE DOCUMENTS NECESSARY FOR THE ACQUISITION OF PARCEL 1 IN CONNECTION WITH THE TRACY ADDITION, 19TH AND RIGGAN STREETS, STREET IMPROVEMENTS, PROJECT NO. 220-77-2.14; APPROPRIATING OUT OF THE NO. 220 STREET BOND FUND THE SUM OF $1,541 OF WHICH $1,325 IS FOR ACQUISITION AND $216 IS FOR INCIDENTAL COSTS RELATED TO CLOSING; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16879: AUTHORIZING THE PURCHASE OF TWO AIR CONDITIONED WHEELCHAIR LIFT EQUIPPED TRANSIT VANS FROM MICROBUS CORPORATION, SUBJECT TO APPROVAL BY THE URBAN MASS TRANSPORTATION ADMINISTRATION, AS PROVIDED IN THE 1981 UMTA CAPITAL GRANT PROJECT NO. TX -05-0073; APPROPRIATING $45,192.00 OUT OF THE NO. 218 TRANSIT BOND FUND FOR PROJECT NO. 218-77-2 TRANSIT SYSTEM CAPITAL IMPROVEMENTS (1981) FOR THE SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16880: AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO-YEAR LEASE AGREEMENT WITH THE HOUSING AUTHORITY OF THE CITY OF CORPUS CHRISTI FOR THE CONTINUED USE AND OCCUPANCY OF AN APARTMENT LOCATED AT 3312 WAYSIDE DRIVE, CLAIRELAINE GARDEN, CORPUS CHRISTI, TEXAS, FOR THE PURPOSE OF PROVIDING A CENTER THROUGH WHICH THE CITY'S SENIOR COMMUNITY SERVICES PROGRAM MAY PROVIDE OUTREACH, REFERRAL, RECREATION AND OTHER SUPPORTIVE SERVICES TO THE OCCUPANTS„OF CLAIRELAINE GARDENS AND ALL THE SENIOR CITIZENS OF THE COMMUNITY AND TO EXECUTE THE OPTION OF RENEWING FOR AN ADDITIONAL TWO YEARS PROVIDED FOR IN SAID LEASE AGREEMENT, ALL AS MORE FULLY SET FORTH IN THE 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 above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16881: AUTHORIZING THE CITY MANAGER TO AWARD A DREDGING CONTRACT IN THE AMOUNT OF SIX THOUSAND FIVE HUNDRED ($6,500) DOLLARS TO GOLDSTON CORPORATION FOR DREDGING FROM LAND AN AREA OF 100' x40' x6' AT THE OSO BOAT RAMP, AS REQUESTED BY THE TEXAS PARKS AND WILDLIFE DEPARTMENT, BASED UPON DAMAGE TO THE AREA CAUSED BY HURRICANE ALLEN, VERIFIED BY THE FEDERAL EMERGENCY MANAGEMENT ASSISTANCE TEAM DAMAGE .SURVEY REPORT 2401, AND AGREED TO IN AN INTERLOCAL CONTRACT, SUBSTANTIAL COPIES OF WHICH ARE ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." Minutes Regular Council Meeting February 17, 1982 Page 24 ORDINANCE NO. 16882: 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 ON ALL LOTS, BLOCK 508; ALL LOTS, BLOCK 509; ALL LOTS BLOCK 510; AND ALL LOTS, BLOCK 511, PADRE ISLAND -CORPUS CHRISTI -MARINER'S CAY SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "AT" APARTMENT -TOURIST DISTRICT, AND CHANGING THE ZONING OF ALL LOTS BLOCK 32, PADRE ISLAND NUMBER 1, FROM "R -1B" 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 above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, and Kennedy voting "Aye"; Hawkins and Zarsky abstaining. ORDINANCE NO. 16883: AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH OAK HARBOR ASSOCIATES FOR COMPLETION OF A WATER LINE IN OAK HARBOR ESTATES PURSUANT TO THE PLATTING ORDINANCE, A SUBSTANTIAL COPY OF WHICH AGREEMENT IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. 1 The Charter Rule was suspended and the above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16884: 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 STEVE DEAN BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON A ONE -ACRE TRACT OUT OF A PORTION OF THE GREGORIO FARIAS PORTION OF THE BARRANCO BLANCO GRANT, MORE FULLY DESCRIBED HEREINAFTER, 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 above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." ORDINANCE NO. 16885: AMENDING THE ZONING ORDINANCE OF THExCITY 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 ON: LOTS 1, 2, 3 and 4, Block 1,and Lots 1, 2, 4, 5, 6, 7, 8, Block 3, Cabaniss Industrial Park, and Blocks 1, 2, 3, 4, 5, and 6, Nottarb Place Unit 1 and Blocks 4, 5, 6, 7, 8, and 9, Nottarb Place Unit 2, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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 above 'ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." flutes .regular council mooting February 17, 1982 Page 25 ORDINANCE NO. 16886: 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 CITY OF CORPUS CHRISTI, BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON 28.90 ACRES OUT OF LOT 1, SECTION 14, BOHEMIAN COLONY LANDS, SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE -FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL 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 above ordinance passed by the following vote: Jones, Turner, Dumphy, Gulley, Hawkins, Kennedy and Zarsky voting "Aye." * * * * * * * * * * * * * Mayor Jones called for petitions or information from the audience on matters not scheduled on the agenda. Mrs. Pauline Garza, 4602 Christie, informed the Council that she has been harassed by Fire Chief Shaw who had refused to allow her son to perform welding tasks on his truck which was parked at her home. She explained that Chief Shaw informed her that he had to abide by the ordinance which limited the radius to 35' in which welding can be accomplished. She explained that her son was just welding a pipe for his own use and the City Inspector who came to her home stated that this could be allowed, but her neighbor continues to report the activities to the Police and Fire Departments. Mr. B. J. Shaw, Assistant Chief/Fire Marshall, explained to the Council that they have received numerous complaints from neighbors about the activities at this residence, yet the welding was continued. He stated that he agreed that this is a neighborhood feud, but the welding is definitely in violation of the Fire Code and he felt that he had no alternative but to stop the practice. Mr. Briones expressed the opinion that apparently this is a clear case that the welding activities are in violation of the Code. Mayor Pro Tem Turner agreed that the welding activity is illegal if it is in violation of the ordinance. Mayor Jones stated that he concurred and commended Chief Shaw for enforcing the Fire Code as he should. Chief Ralph Rogers explained that this welding work has been continuing long enough, that it is obvious that it is not a hobby and the Fire Department feels that the welding must not be done in the residential area. Minutes Regular Council Meeting February 17, 1982 Page 26 Mr. Dean Banks addressed the Council in regard to Corpus Chrsiti Beach and referred to the controversy that was in existence, particularly since the articles had appeared in the Corpus Christi Times providing accurate information. He noted that according to the articles, a conclusion was reached that there are no assurances that the public will continue to have access to Corpus Christi Beach and he suggested that firm legal guidelines be established for this purpose. Mr. Banks referred to an old master plan for the beach which included several access roads to the water and the responsibility by the City to develop the beach in accordance with the agreement with the United States Government after they restored the beach at federal expense. He explained that he was of the opinion that the public needed to have the assurance that the beaches will not be closed in this area. Council Member Kennedy agreed with Mr. Banks. He commented that even though parking allocations had been made at the north and south ends of Corpus Christi Beach, he expressed the opinion that there should be parking in the center area. He stated that before anything is done, the Council and the staff should approve a master plan for the beach and asked that the staff bring forward recommendations for the development of this beach. He stated, however, that he did not think that parking areas should be located on the beach. He urged that the entire beach area be studied. Acting City Manager Briones assured the Council that this will be on the Workshop Agenda as a discussion item next week. **Mayor Pro Tem Turner departed the meeting at 6:17 p.m. Council Member Kennedy registered a complaint about an employee at the Marina Office and the manner in which she is handling information for the public, stating that he had received a number of complaints about this particular employee. Mayor Jones objected to such a broad statement about an employee without having full information and an investigation. He referred to an incident that recently happened at which time Mr. Leon Loeb, Jr. had made certain allegations, but after investigation, it was determined that the Marina Superintendent was acting properly to enforce the ordinance. Acting City Manager Briones requested that Dr. Kennedy provide a specific incident with time and place and names, and this would be investigated to see if 2the employee was at fault. r Minutes Regular Council Meeting February 17, 1982 Page 27 Council Member Kennedy then referred to a brick wall that is being constructed between the Hawn property and another piece of property in the 3000 block of Ocean Drive. Assistant City Manager Lontos explained that that is private property and they have every right to install the brick wall. There being no further business to come before the Council, on motion by Council Member Zarsky, seconded by Council Member Gulley and passed unanimously, the Regular Council Meeting was adjourned at 6:28 p.m., February 17, 1982.