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HomeMy WebLinkAboutMinutes City Council - 03/10/1982MINUTES CITY OF CORPUS CHRISTI, TEXAS REGULAR COUNCIL MEETING MARCH 10, 1982 2:00 P. M. PRESENT: Mayor Luther Jones Council Members:: Bob Gulley Herbert L. Hawkins * Dr. Charles W. Kennedy Cliff Zarsky ABSENT: Mayor Pro Tem Betty N. Turner Council Member Jack K. Dumphy City Manager Edward A. Martin City Attorney J. Bruce Aycock City Secretary Bill G. Read Mayor Luther Jones called the meeting to order in the Council Chamber of City Hall. The invocation was given by the Reverend James S. Oglesby of First Christian Church, following which the Pledge of Allegiance to the Flag of the United States was led by Council Member Bob Gulley. 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: "JUNIOR LEAGUE OF CORPUS CHRISTI WEEK" - March 14 - 20, 1982; "GOOD CITIZEN WEK" - March 14 - 20, 1982; "CAMPFIRE. BIRTHDAY WEEK" - March 14 - 20, 1982; "OLDER WORKER WEEK" - MARCH 14 - 20, 1982; "ST. PATRICK'S WEEK" - March 14 - 20, 1982; and "IRISH HERITAGE DAY' - March 13, 1982. A motion was made by Council Member Zarsky that the Minutes of the Regular Council Meetings of February 17, February 24 and March 3, 1982 be approved as presented; seconded by Council Member Hawkins and passed unanimously. ********* Mayor Jones administered the Oath to new appointees to Board and Committees. Epicmu SEP 191984 Regular Council Meeting March 10, 1982 Page 2 Mayor Jones then presented retirement plaques to the following City employees: Employee: Department: Position: Years of Service: Benito Ramirez Water Plant Helper 34 Blas Tijerina Water Plant Helper 24 "Bill" Wilder Aviation Airport Manager 23 Obie L. Wooten Parks Park Maintenance Foreman 22 ********* Mayor Jones announced the bid opening on the following engineering project: Roof repairs to the Hialco Building on Sam Rankin Street. This is a 7th Year Community Development Project and provides for the total replacement of the existing roof on approximately 60% of the building. Mr. James K. Lontos, P. E., Assistant City Manager, opened bids on this project from the following companies: Haeber & Rosales Roofing Company; J & M Roofing Company; L & E General Contractors (Mr. Lontos stated that this company did not submit the required bid security bond); Sechrist-Hall Company; South Texas Urethane, Inc.; A. Ybarra Designers; and Z & R Roofing Company. Mr. Lontos verified that all of the companies with the exception of L & E General Contractors had submitted the required bid security bond. Mayor Jones expressed appreciation to the companies who had submitted bids and stated that they will be tabled for 48 hours, pursuant to the requirements of the City Charter, and referred to the Staff for tabulation and recommendation. A motion was made by Council Member Gulley that Council Member Jack Dumphy, who is ill and Mayor Pro Tem Betty Turner, who was out of the City, be excused for just cause; seconded by Council Member Hawkins; and passed unanimously. ********** Mayor Jones called for the City Manager's Reports. City Manager Edward A. Martin presented the following items with related comments and explanations and recommended that: 1. The following actions be taken on the Purdue Road Sidewalk Project: 1) The project be accepted and final payment: of $8,530.81 be made to Jon C. Lewis, the contractor for the protect. 2) The final assessment roll be adopted indicating assessments of $4,913.97 on 26 items. ces Regular Council Meeting_ Mirch 10, 1T82 Page 3 This was a 7Lh Year Community Development projec•I which provided for the construction of a 4 -foot wide concrete sidewalk on Purdue Road from west of Waldron Road to Windmere Drive. The total cost: of the project was $14,813.82. 2. An escrow agreement with the State Department of Highways and Public Transportation he approved which provides for the City paying the cost of manhole and valve adjustments on the hot mix overlay of Laredo and Agnes Streets from Port Avenue to Chaparral and $28,800 be appropriated out of the Street Bond Fund for the City's cost. This project was not originally included in ',the Urban Systems Program entered into by the City, however, since the streets are within the city limits, the City will be responsible for adjustment of manhole and valve covers only. 3. A portion of a 15 -foot wide utility easement Ice closed at the rear of Lot 1, Block 24, Pharaoh Valley North Unit 1, subject to replatti.ng. The owner of the property proposes to construct a swimming pool in his backyard and this easement would conflict with the construction. There are no City or other utilities in the portion of the easement to be closed. A sanitary sewer exists in the portion of the easement which would be retained. The property is located on the south side of Pharaoh Drive near its intersection with Sahara Drive. 4. Further repairs totalling $10;908.89 to the Warner-Swasey carrier -mounted excavator be noted. The excavator is now undergoing substantial repairs at Plains Machinery Company. Replacement of the outer boom assembly is necessary to put the equipment in working condition. 5. The Traffic & Transit Department be granted the authority to determine and fix the maximum gross weight of vehicles to be moved on City streets. This action is needed to prevent deterioration and destruction to streets, bridges and culverts by overweight vehicle loads. Load limit regulations would not apply to vehicles making deliveries of farm products to destinations requiring travel over these streets. Council Member Hawkins expressed the opinion that authority should not be granted to a Department Head to determine and fix the maximum gross weight of vehicles to be moved on City streets. He stated that he was of the opinion that this was a policy decision which should be made by the City Council rather than having a City employee make such a decision. Mr. Lontos explained that this is a regulatory ordinance; the City has had a number of streets damaged by heavy vehicles; and explained the particular problem on Buckholt Road just off SH 44, which has been used so extensively by heavy vehicles that it can hardly be used at this time. Council Member Hawkins stated that he realized that there is a problem but this appears to be a request for the City Staff to make a policy decision. He stated that he would prefer that the Staff make a recommendation in regard to a particular street and allow the City Council to make the decision on the maximum gross weight of vehicles. minutes Regular Council Meeting March 10, 1982 Page 4 Mr. Lontos assured Mr. Hawkins that if he wants the Staff to present each street to the City Council, they will be glad to do so. He stated that this i:: the first problem of this type that the City has had in some time. City Attorney J. Bruce Aycock explained that in the Motor Vehicle Code, there is the authority for Department Heads to make such decisions on this type of thing which is similar to changing speed limits for safety. He expressed the opinion that this decision could be safely made by a City Staff member. Mayor Jones stated that there might possibly be a situation that was urgent from a safety standpoint which would require such a decision to be made by a City Staff member. Deputy City Manager. Ernest Briones pointed out that this would be regulatory type of ordinance that requires three readings, the first of which is on the agenda today. 6. Bids be received March 30, 1982 for a twelve months supply agreement for approximately 230 1" to 16" lubricated plug valves for the Gas Division. 7. Bids be received April 6, 1982 for a twelve months supply agreement for approximately 80 fire hydrants for the Water Division. The hydrants are used to replace those which are worn out or damaged by vehicular accidents and for water line rehabilitation projects. Council Member Zarsky mentioned his suggestion some time ago that fire hydrants be carried on trucks and attached to a water line at the place they are needed rather than having this heavy expenditure for the purchase of fire hydrants. Council Member Zarsky then made a motion that the Staff be instructed to conduct a study on the type of system whereby the fire trucks would carry the fire hydrants. There was no second to Mr. Zarsky's motion. Mayor Jones requested that the City Staff prepare a report on this subject, and Mr. Lontos indicated that he would do so. 8. Traffic signalixation equipment and material for the Elizabeth Street Project be purchased as follows on the basis of low bid meeting specifications: a) Trans -Tronics, Inc., Forth Worth One Multiphase Activated Controller $10,252.00 b) Texas Signal Equipment, Round Rock Ten loop vehicle detector amplifiers and 15,500 feel of signal control cable 3,662.90 r) Traffic & Transportation Supply, Forth Worth Twelve tratftr signals 3,064.00 tes Regular Council Mo,'tinq Match 10, I•ue! Page 5 d) 3-M Co., St. Paul, Minn. Two programable traffic signals 1,510.00 $18,488.90 The low bid of Texas Signal Equipment, Round Rock, TX of $1,576.00 on the traffic signals did not meet various specifications. It is further recommended that bids be again received on March 30, 1982 for four Ornamental Mast Arm Assemblies. No bids were received iri response to the original bid advertisement and the bidder list has been expanded to include manufacturers. The equipment will be used to provide traffic control at the Ocean Drive - Elizabeth Street intersection necessary with the completion of the Marina Del Sol Condominium. Appropriation of the amount of purchase is recommended) from the Street Bond Fund. 9. A wheel loader/backhoe for the Water Division be purchased from Girard Machinery Company, Corpus Christi, 'on the basis of best bid meeting specifications of $30,666. The low bid of $29,879 by Nueces Ford Tractor, Corpus Christi, did not meet engine horsepower (57 vs. 60), hydraulic pump capacity (27 GPM vs. 30 GPM) and loader lift capacity (4,700 lbs. vs. 5,000 lbs.). The second low bid of $30,483 by Farm Power and Equipment, Robstown, includes only a six month warranty compared to the twelve months full warranty and 24 months engine warranty offered by Girard Machinery. The price difference between the second and third low bidders is only $183.00 or one-half of 1%. Four bids were received. The equipment is used for trench excavation for water lines, meters and fire hydrants and will replace a 1974, model. The wheel loader/backhoe is included•in the 1981-82 Budget. 10. A public hearing be held on March 24, 1982 on the closure of a 20' wide dedicated unopened public alley in Block 69, Brooklyn Addition. The original public hearing was held by the City Council on January 20, 1982 at which time it was referred to the Planning Commission for a public hearing. The Planning Commission held the public hearing on February 16, 1982 at which time they recommended closure of the alley. The alley is located on Corpus Christi Beach between Beach and Reef Avenues. There are no City utilities in the alley nor does there exist any city need for the alley. Central Power and Light Company maintains an overhead line in the alley which must be relocated or an easement retained. The applicant has offered to make a donation of a 5,138 square foot narrow tract of land in Surfside Boulevard. Acceptance of the donation should be done concurrently with the alley closure. ' 11. A public hearing be held March 17, 1982 on the plat appeal of Robertson Farm Tract, Block 7, Lots 2, 3, and 4. The owners of the property are appealing the denial of the replat by the Planning Commission. The Commission denied the replat because of inadequate water pressure to the proposed area. The property is located south of Saratoga Boulevard and east of Old Brownsville Road. Assistant City Manager Tom Utter informed the Council that the Planning Commission had denied approval of this replat because of the lack of water Pressure. He informed the Council that the Staff will have further information prior to the hearing on March 17. 12. The chapter of the City Code on Transit fares be amended to provide for a fare exemption for promotion of the Summer Youth Program within the City from June 1 through August 31 for children 17 years old and younger who are enroute to or returning from a City recreation center and who are carrying a summer recreation program identification card. This proposal would compliment the current practice of allowing the same children to ride Transit buses without charge if they are going to and from a City swimming pool. Minutes Regular Council Meeting March 10, 1982 Page 6 13. Authority be granted to execute a contract with Sharon K. Basile, Nutritionist for the Elderly Nutrition Program. The term o' the contract is to be for one year, beginning April 1, 1982. Contract conditions will remain unchanged, with the exception of providing mileage reimbursement at 22 cents per mile not to exceed $75 per contract year. 14. The lease agreement be renewed with the Corpus Christi Independent School District for the continued use of Booker T. Washington Elem- entary School for operation of a multi-purpose center and a center for the elderly. The effective date of the lease is April 1, 1982 for a term of three years and provides. for an option for extending the lease for an additional three year term. There are no rental fees involved in the lease agreement. 15. Bids be received April 7, 1982 for a three year oil and gas lease for 241.785 acres at the International Airport. A request has been made for such a lease. The minimum cash bonus is recommended to be $50 per acre; minimum delay rental $10 per acre; and the minimum royalty 20%. The property is located north of the intersection of Joe Mireur Road and McGloin Road. At this point, some confusion existed on the numbering of the items on the agenda and Council Member Gulley suggested that when an item is removed from the agenda, that the number remain there and the words "delete" or "withdrawn" be placed following the number so that the numbering will not change from the Workshop Agenda to the Regular Council Agenda. 16. Emergency repairs to a 1974 model bulldozer by the authorized dealer, B. D. Holt Company, at an estimated cost of $7,390 be noted. The bulldozer is used by the Sanitation Department to spread and compact solid waste at the sanitary landfills. The repair work includes machining the cylinder block and replacing the oil pump and drive. 17. Six replacement diesel -powered cab and chassis and refuse bodies for the Sanitation Division be purchased on basis of low bid from Edaburn International Trucks, Corpus Christi, and Pak -Mor Manufacturing, San Antonio, for the combination unit price of $254,810.64. Seven bids were received. Prices reflect a 4% increase in cab and chassis and a 2% increase in bodies since last purchase in 1982. The refuse trucks are included in the 1981-82 Budget. 18. The City Code be amended to provide for a $10.00 service charge on any checks returned as non-negotiable/non-cashable on any payment submitted to the City. The chargd would be in addition to any penalty or interest normally collected. Currently, there is a $2.00 charge for non-negotiable/non-cashable checks submitted for the payment of utility bills only. 19. $128,201 be appropriated out of the Public Safety Equipment Bond Fund for the purchase of one 1500 GPM pumper truck from American LaFrance, Inc. for the Fire Department. A 1951 model truck will be replaced. The purchase was approved by the City Council on February 24, 1982 but the necessary appropriation was not made. 20. A one year service agreement for automotive air conditioning repairs to City vehicles be awarded to Joe's Auto Electric, Corpus Christi, on the basis of low bid of an estimated cost of $50,000. The bid is based on $16.50 per hour labor, rate, and a 35% discount on parts. Bids were received from two firms. Price comparison shows no change in labor rate 1102 discount. It in estimated that annus] bidding of this eaorvlr,• ;„yvru approximately 20%. The Maintenance Services Department doer, not have the mechanics or tqu.pment to perform air conditioning repairs. f ten ',ocular council Mort my March 10, 1,412 Page 7 21. Bids be received April 6, 1982 for a twelve months supply agreement for approximately 13,300 reams (500 sheets per ream) of paper, 30,000 sheets of cover stock, and 1,140 reams of no -carbon paper. 22. Bids be received March 30, 1982 for a twelve months supply agreement for large lamps including incandescent, fluorescent, high intensity discharge, quartz, projector and airport marker lamps. 23. Bids be received April 6, 1982. for a twelve months supply agreement for uniforms for Police, Airport Security Guards and School Crossing Guards. The City`pays 100% of the cost of..Airport Security Guards and School Crossing Guards' uniforms. The City also pays 100% of the initial allotment of Police uniforms and any uniforms damaged in the line of duty. The police officer pays for the replacement of any uniforms due to normal wear and tear and receives a $25.00 per month maintenance allowance. 24. The one bid received for $5,418.25 from Ideal Waste Systems of Corpus Christi for a twelve month agreement for trash and garbage container service be rejected and bids be again received on March 30, 1982. The specifications have been revised in an attempt to solicit more bids. The Transit yard location which involves shoveling out a building into which litter and debris in the Transit buses is emptied by a vacuum process has been made into a separate bid item because it is not similar to the other container locations. The container locations include the boat ramp at the Kennedy Causeway, the Lawrence Street T -Head, the central kitchen at the Washington Senior Citizen Center, the Greenwood Softball Complex and the Traffic Engineering Signs and Marking Shop. 25. A twelve month contract for Field Tire Repair Service for City -owned equipment to supplement services provided by Maintenance Services be awarded to Gonzales Tire Service, Corpus Christi, on the basis of the only bid received. The unit prices are $3.00 for passenger and light commercial tires, $8.00 for truck and trailer tires, $8.00 for smooth roller tires, $15.00 for tractor and grader tires and $17.00 for heavy loader tires. The total estimated annual cost is $38,755.00 for approximately 4,235 tire repairs. Price comparison shows an increase of approximately 12%. 26. A revocable easement be granted to South Texas Retina Consultants, P. A. for placing an insulated cable on existing Southwestern Bell Telephone Company poles in the 10 foot wide public utility easement in Lots 1 through 13 and Lots 16 through 30, Block 7, Del Mar Subdivision. The cable would be used by South Texas Retina Consultants through Dr. Charles H. Campbell's office and wold connect Dr. Campbell's main office at 1712 Santa Fe to his second office at 1756 Santa Fe. Mayor Jones called for comments from the audience on the City Manager's Reports, and there was no response. A motion was made by Council Member Zarsky that the City Manager's Reports, items 1 through 26 be approved; seconded by Council Member Gulley. All of the items, with the exception of item 5 passed by the following vote: Jones, Gulley, Hawkins and Zarsky voting, "Aye"; item 5 failing to pass a majority vote as follows: Jones, Gulley and Zarsky voting, "Aye"; Hawkins voting, "Nay". Council Member Gulley suggested that item 5 be placed on the agenda next week when more Council Members would be present. Minutes Regular Council Meeting March 10, 1982 Page 8 City Manager Martin stated that he could reword this item so that the Council would have the option to approve the weight load on vehicles on an individual street basis. Mayor Jones called for consideration of the following tabled matter: Proposed changes to the City Transit route service levels including the following reductions: 1) Discontinuation of the Beach and Leopard-Calallen routes (service provided on both route segments by one vehicle). 2) Discontinuation of the Lynwood -Los Encinos routes (service provided on both route segments by one vehicle). 3) Discontinuation of the weber -Everhart Parkdale routes (service provided on both route segments by one vehicle). 4. Discontinuation of the AM and PM trips on the NAS Northgate route known as the Alameda route. 5. Modification of the Ayers -Christi route to serve a portion of the Lynwood route which has ridership potential. 6. Modification oC the Carroll -Weber route to serve a pertion of the Everhart-Parkdale route which has ridership potential during peak hours. 7. Adjustment of other route schedules to improve on-time performance and transfer connections. A public hearing was held on these changes on February 24, 1982 and the changes were tabled for two weeks for a further staff report. City Manager Martin reviewed the discussions during the public hearing and noted that changes to the original recommendation had been made in compliance with the remarks presented during the public hearing. Mr. Tom Niskala, Transit Director, stated that his staff members had called nine of the people who had appeared in opposition to the original recommended route changes, and eight of them were satisfied with the revised recommendations. He briefly reviewed the changes that the Staff now recommended. Mr. Niskala informed the Council that the annual savings to be realized by these changes would be $48,700, but for this year, the savings will only be $18,000. Council Member Gulley expressed the opinion that the reductions are timely since they were approved as a part of the adoption of the budget in 1981-82. * Council Member Charles W. Kennedy, Jr. arrived at the meeting at 2:4(' p.m. r tes h.gular Council Meeting March 10, 1982 Page 9 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 modifictions to the City transit route service as recommended by the Transit Division be approved; seconded by Council Member Gulley and passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dpmphy, "absent". ********** Mayor Jones called for the ordinances. City Manager Martin briefly explained the ordinances on the agenda and withdrew Ordinance No. 3, pertaining to the maximum size and weight of vehicles permitted on City streets. Council Member Hawkins inquired about the necessity to continue to pass ordinances by declaring an emergency. City Attorney Aycock assured Mr. Hawkins that the Legal Department is preparing a study which will soon be completed and stated that certain ordinances are required to be passed for which motions cannot be substituted and his staff is investigating the types of actions that have to be passed by ordinance. He explained that the emergency clause is just to be used to decrease some of the paper work and usually the reason for expediting matters by passing an ordinance on an emergency basis is to save taxpayers' money. Council Member Hawkins inquired as to why we have to use the term, "declaring an emergency" and Mr. Aycock assured him that this is authorized as a legislative procedure under the law. Council Member Hawkins referred to Ordinance No. 13, which authorizes a contract with Sharon K. Basile and inquired if Mrs. Basile is related to Administrative Assistant Tom Basile. He was informed that she is his wife, and stated that if her salary is community property there might be a problem. He suggested that her earnings be declared separate property, Mayor Jones called for comments from the audience on the ordinances. Mr. John Stensland, 337 Primrose, referred to Ordinance 15, which appropriates funds for traffic signalization equipment at the intersection of Ocean Drive and Elizabeth Street. He stated that he was of the opinion that the free flow of traffic on Ocean Drive was an ideal situation and questioned why this traffic light should be installed since Elizabeth Street is not a major street. He pointed out that the traffic flow from the Marina del Sol Minutes Regular Council Meeting March 10, 1982 Page 10 development would be minimal and sporadic and he objected to this ordinance which would interfere with the flow of traffic: on Ocean Drive just to serve this development. Mayor Jones inquired if there was not an agreement approved in 1963 to provide a full traffic signal at the entrance to Marina del Sol, and he was informed that this was true. Mr. Stensland then suggested that only a demand traffic signal be installed at this point. Mr. Tom Stewart, Director of Traffic and Transit, stated that it will be traffic signal actuated by vehicles that wish to depart the Marina del Sol. Mr. Stewart informed the Council that the engineer who designed the system, which i:. quite complex, Mr. David Seiler will be glad to provide a brief statement or a written report. Mr. Seiler explained to the Council the system designed and assured them that the Ocean Drive traffic will not be interrupted extensively. Council Member Kennedy inquired if anything was being accomplished on the west north lane of Ocean Drive on the south side of Ayers to keep it open, and Mr. Stewart explained that there has been a strong objection by the residents of Ocean Drive and the study on this will be presented to the City Manager within two or three weeks. There were no .Further comments on the ordinances. City Secretary Read polled the Council for the votes on the ordinances and the following were approved: FIRST READING: AMENDING THE CODE OF ORDINANCES, SECTION 55-38, CUSTOMERS' CHECKS, AND ADDING A NEW SECTION 17-1.2 SERVICE CHARGE FOR RETURNED CHECKS, TO PROVIDE FOR A SERVICE CHARGE OF $10 FOR CHECKS RETURNED AS NON-NEGOTIABLE/NONCASHABLE SUBMITTED AS PAYMENT TO THE CITY. The foregoing ordinance was read for the first time and passed to its second reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. FIRST READING: AMENDING THE CITY CODE OF ORDINANCES, SECTION 55-5, CITY TRANSIT SYSTEM -FARES TO PROVIDE FOR FARE EXEMPTION FOR CHILDREN SEVENTEEN YEARS OLD AND YOUNGER WHO ARE PARTICIPATING IN SUMMER RECREATION PROGRAMS; AND PROVIDING FOR PUBLICATION. The foregoing ordinancae was read for the first time and pased to its second reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. tes neyular Council Meeting +arch 10, 142 Page 11 SECOND READING: AMENDING SECTION 57-251 MAXIMUM WRECKER SERVICE AND STORAGE FEES OF THE CITY CODE BY INCREASING FEES; ADDING SECTION 57-252 NOTIFICATION TO PERMIT HOLDERS OF PENDING CHANGES IN PERMIT REGULATIONS; AND AMENDING SECTIONS 13-49 (1), .13-49 (2), AND 53-60 TO INCREASE FEES; PROVIDING FOR REPEAL, PUBLICATION, AND AN EFFECTIVE DATE. (First Reading - 3/3/82) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. SECOND READING: . AMENDING THE PLATTING ORDINANCE NO. 41GB BY AMENDING PART (c) AND PART (d) OF! SUBSECTION 1 OF SECTION F, SO THAT THE DEDICATION OF PARK LAND OR THE PAYMENT OF MONEY IN LIEU THEREOF IS NOT REQUIRED IN COMMERCIAL OR INDUSTRIAL SUBDIVISIONS. (First Reading - 3/3/8.2) The foregoing ordinance was read for the second time and passed to its third reading by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting "Aye"; Turner and Dumphy, absent. THIRD READING - ORDINANCE N0. 16925: AUTHORIZING THE CITY MANAGER TO ACCEPT AND APPROVE A LEASE AGREEMENT WITH PUMPKIN AIR, INC., COVERING A CORPORATE HANGAR LEASE PLOT AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT, WITH UTILITY LINES, A ROAD EXTENSION, RAMP AND HELIPAD TO BE CONSTRUCTED BY PUMPKIN AIR, INC., ALL AS SHOWN AND MORE FULLY DESCRIBED IN THE LEASE AGREEMENT, A SUBSTANTIAL COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "1". (First Reading - 2/24/82, Second Reading - 3/3/82) The foregoing ordinance was read for the third time and passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16926: ANNEXING THE 74.94 ACRE COUNTRY CREEK SUBDIVISION SITUATED BETWEEN SARATOGA BOULEVARD AND COUNTY ROAD 26A; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16927: APPROVING AND ADOPTING SANITARY SEWER MASTER PLAN AND STORM SEWER MASTER PLAN FOR THE AREAS OF WOOD RIVER, RIVER HILLS, VALLEY VIEW AND QUAIL VALLEY, IN THE AREA OF FM 624 WEST OF HIGHWAY 77; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16928: AUTHORIZING PURCHASE OF PUMPER TRUCK FOR THE FIRE DEPARTMENT AND APPROPRIATING $128,201 FOR SAID PURCHASE; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. Minutes Regular Council Meeting March 10, 1982 Page 12 ORDINANCE NO. 16929: AUTHORIZING ESCROW AGREEMENT WITH THE STATE OF TEXAS CONCERNING ASPHALTIC OVERLAY ON AGNES AND LAREDO STREETS, FROM POT AVENUE TO CHAPARRAL STREET; APPROPRIATING $28,800 AS THE CITY'S SHARE CF THE PROJECT COST; AND DECLARING ANE EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16930: AUTHORIZING AN AGREEMENT WITH THE CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT FOR USE OF WASHINGTON ELEMENTARY SCHOOL FOR MULTIPURPOSE SENIOR CENTER; ANIS DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent: ORDINANCE NO. 16931: CLOSING A PORTION OF THE UTILITY EASEMENT NORTH UNIT 1; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the following vote: Jones, Gulley, Hawkins, Turner and Dumphy, absent. ORDINANCE NO. 16932: IN LOT 1, BLOCK 24, PHARAOH VALLEY foregoing ordinance passed by the Kennedy and Zarsky voting, "Aye"; AUTHORIZING A CONTRACT WITH SHARON K. BASILE FOR PROFESSIONAL CONSULTATION FOR THE ELDERLY NUTRITION PROGRAM; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ' ORDINANCE NO. 16933: AMENDING SECTION 3 OF ORDINANCE NO. 16762 BY ADOPTING FINAL ASSESSMENT ROLL AND ASSESSMENTS FOR PORTIONS OF PURDUE ROAD; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16934: APPROPRIATING $18,488.90 FOR TRAFFIC SIGNALIZATION EQUIPMENT FOR INTERSECTION OF OCEAN DRIVE AND ELIZABETH STREET; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16935: GRANTING A REVOCABLE EASEMENT TO SOUTH TEXAS RETINA CONSULTANTS, P. A. FOR PLACING AN INSULATED CABLE ON EXISTING SOUTHWESTERN BELL TELEPHONE COMPANY POLES IN PUBLIC UTILITY EASEMENT IN LOTS 1 THROUGH 13 AND 16 THROUGH 30, BLOCK 7, DEL MAR SUBDIVISION; AND DECLARING AN EMERGENCY. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. sten t,oguln1 Council Mooting March 10, 1901 raga 13 ********** Mayor Jones called for petitions or information from the audience on matters not listed on the agenda. Mr. A. B. Cross, Jr., 317 Wildwood, addressed the Council and presented to the City secretary a petition signed by 175 residents of his neighborhood in which they urged the City Council to enact an ordinance to stop overnight camping at West Guth Park because of excessive noise and music; excessive trash and garbage; entering private yards surrounding the park to relieve themselves; going into private yards to cut down trees, shrubs and fences for firewood and pointing out that the residents who live on the perimeter of the park cannot leave their homes during holidays for fear of intrusion of their homes and yards. Council Member Gulley stated that he lives in the area and agrees that there is a problem. Mr. Cross expressed concern particularly about the upcoming Easter weekend. Mayor Jones suggested that this be a discussion item in the very near future, and Mr. Cross informed the Council that the matter is to be considered by the Park Board next Tuesday. Mayor Jones expressed the opinion that it was appropriate that this be considered by the Park Board with the hope they would make a recommendation to the City Council. Mr. Philip Rosenstein, 949 Bobalo, stated that he had been in the process of painting the white crosswalks on the streets but the Police Department prevented him from continuing. He stated that it was his understanding that because of budget restrictions, there is not enough money to repaint all of the crosswalks, yet all of them need to be painted, and particularly, the school crosswalks. Council Member Gulley stated that it was his understanding that additional funds have now become available for this purpose. Deputy City Manager Biiones informed Mr. Gulley that actually, the Council had asked the Staff to consider the possibility of rebudgeting additional funds for this item. Mr. Lontos informed the Council that the Staff has already received bids for additional paint. Further discussion followed on this. minucen Regular Council Meeting March 10, 1982 Page 14 One of the Council Members pointed out that the Council plans to meet with the Corpus Christi Independent School District to discuss the possibility of their providing some funds for school crossing guards and suggested the possibility of discussing the painting of crosswalks near schools also as a cooperative effort. Mr. Stewart pointed out, that the painting of crosswalks has always been the function of the City, and the Corpus Christi Independent School District has never been approached for this type of assistance. Council Member Hawkins inquired about the possibility of using funds from the street bond program for this, and Mayor Jones pointed out to him that the City would not have the authority to use street bond program money for maintenance work on streets. He stated that he was of the opinion that the Council can make the decision to change money from one operating fund to another but the Council studied this very carefully at the time the budget discussions were being conducted and had made the decision to reduce the funds in this operating budget. Council Member Hawkins pointed out that the City Staff frequently finds extra money to increase the salaries of individual employees or for something a particular Department Head might request such as a new vehicle for his department. He stated that he felt that the budget should be studied very carefully before any changes are approved. Council Member Zarsky asked Mr. Hawkins why he did not make all of those recommendations at the time the budget was being considered by the Council, and Mr. Hawkins replied that he was inexperienced last August because he had only been on the Council for a short time but assured the Council that he would speak out and make other recommendations during the consideration of the budget in the upcoming year. Mayor Jones stated that if Mr. Hawkins wanted to change the budget, he should make a recommendation, and if three Council Members agreed, the budget could be amended. Council Member Gulley stated that he agreed with Mr. Hawkins that the Council Members should be able to tell the City Staff how salary balances should be spent. ********* Mayor Jones asked for comments from Mr. Tom Utter in regard to primer} flood hazard zones and in particular, the V Zone or Velocity Zone. tes Kcgular Council Meeting March 10, 1982 Page 15 Assistant City Manager Utter explained to the Council that the Federal Insurance Administration sells the City flood insurance; they have designated several types of flood zones such as A, B or C Zone, with the A zone having primary flood hazard. He stated that in addition, they have derived a new zone designated as V Zone, or Velocity Zone, which designates areas having significant water velocity hazard or high wave hazards. Mr. Utter further explained that the Federal Emergency Management Administration, which is helping 1 the City with Hurricane Allen repairs, has transmitted a letter dated January 21, 1982 which designated the Bayfront, including Corpus Christi Beach, all of the bayfront portions of Flour Bluff and Padre Island as "V Zones". Mr. Utter stated that this is in direct contradiction to the previous verbal communications during Staff meetings with FEMA at which time FEMA representatives stated that no V zone designations would be forthcoming. He explained the implications of this designation by stating that certain areas of the Marina and other buildings along the Bayfront would fall in the V Zone and would require rebuilding such items as the Marina baitstand at a 14' elevation above mean sea level. He stated that such designation of V Zones and their elevation rquirements could adversely effect the development of Corpus Christi, particularly on Corpus Christi Beach and in Flour Bluff. Mr. Utter stated that their greatest concern if the FEMA V Zone classification is adopted by the FIA would be the subsequent long term impact on both public and private development on Corpus Christi Beach, Flour Bluff and Padre Island. Council Member Zarsky offered the Staff any assistance that the Council might be able to give them to resolve this very serious problem. Mr. Utter stated that Mr. Bill Hennings' staff is working on this, and the only projects that are directly affected are the projects that FEMA is assisting in funding. Assistant City Manager Hennings explained the possibility of even stricter elevation requirements in the future if FEMA should desire and if the V Zone designations are upheld. ********** Mayor Jones announced the public hearings on five zoning applications. 'Mr. Tom Utter announced the public hearing on Application No. 182-5, Pointe One Development, for change of zoning from "B-1" Neighborhood Business District to "AT" Apartment -Tourist District on Lots 1, 2 and 3, Block 2, Edgewater Terrace located on the southeast corner of Ocean Drive and South Alameda Street. Minutes Regular Council Meeting March 10, 1982 Page 16 Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend denial of the "AT" zoning but in lieu thereof, that a special permit be approved for a multi -dwelling structure. He stated that in response to the notices of the public hearing, three in favor and none in opposition had been returned. 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 applicants plan the construction of condominiums or a similar type of multiple dwellings. Mayor Jones ascertained that no one wished to speak in opposition to this zoning application. A motion was made by Council Member Gulley that the hearing be closed, seconded by Council Member Hawkins and passed unanimously. Mr. Wenger continued by stating that this will be a ten -story structure, eight stories for the construction of 32 condominium units, noting that the developers plan to provide more open space and more parking than required. Mr. Donald Greene, 5833 Ocean Drive, of Total Design Four, explained that there will be 72 parking spaces on the first floor. He informed the Council that they are working with Mr. Tom Stewart to provide ingress and egress that will be the safest possible available for this development. A motion was made by Council Member Zarsky that the requested "AT" zoning be denied but in lieu thereof, that a special permit as recommended by the Planning Commission and Planning Staff be approved; seconded by Council Member Hawkins; and passed unanimously. ********** Assistant City Manager Utter informed the Council that the next four applications were initiated by the City of Corpus Christi and pertained to the rewly annexed areas. He then announced the public hearing on Application No. C282-3, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on 1.8 acres out of the Humphrey Tract located at the northwest intersection of Interstate Highway 37 and Nueces Bay Boulevard. Mr. Utter informed the Council that both the Planning Commission and Planning Staff recommend that it be approved and there was no response to the notices of the public hearing. He stated that this area is occupied by the Alamo Trucking Company. los "•,gulnt Conerl1 Mnr1 inq Mvrch 10, 1.'02 Pule 11 No one spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Ccuncil Member Hawkins and passed unanimously. A motion was made by Council Member Hawkins that the zoning of "I-2" be granted for Application No. C282-3, seconded by Council Member Zarsky and passed unanimously. ********** Mr. Utter announced the public hearing on Application No. C282-4, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Tract A being that portion of Complex Boulevard west -of and adjacent to Lots 15, 16, 17, 18 and the south one-half of Lot 19, Block 1, Interstate Industrial Complex located on the east side of Complex Boulevard approximately 100' north of Interstate Highway 37 and Tract B being a portion of Interstate Industrial Complex Subdivision and a portion of the Missouri Pacific Industrial Area out of the Kinney Sectionized Lands located at the intersection of Corn Products Road and Intersection Highway 37. He statd that in response to the notices of the public hearing, one in favor and none in opposition had been returned and the Planning Commission recommended that it be approved. No one spoke in regard to this application. A motion was made by Council Member Hawkins that the hearing be closed, seconded by Council Member Zarsky and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "I-2" be approved for Application No. C282-4 as recommended by the Planning Commission; seconded by Council Member Hawkins and passed unanimously. ********* Assistant City Manager Utter announced the public hearing on Application No. C282-5, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Tract A being a 3.37 acre tract of land in the name of Gundorland Marine supply located on the west side of Cantwell Lane approximately 150' north of Rackley Drive and Tract B being a 0.69 acre tract in the name of Sun Oil Pipeline Company located on the north side of UpRiver Road approximately 300' east of Cantwell Lane. Minutes Regular Council Meeting March 10, 1982 Page 18 Mr. Utter stated that the Planning Commission recommends that the application be approved and that in response to the notices of the public- hearing, two in favor were returned. No one spoke in regard to this zoning application. A motion was made by Council Member Zarsky that the hearing be closed, seconded by Council Member Kennedy and passed unanimously. A motion was made by Council Member Zarsky that the zoning of "I-2" be approved for Application No. C282-5; seconded by Council Member Hawkins; and passed unanimously. ********* Mr. Utter announced the public hearing on Application No. C282-6, City of Corpus Christi, for change of zoning from "R -1B" One -family Dwelling District to "I-2" Light Industrial District on Tract A being a 1.53 acre tract in the name of N. H. Ransleban and Tract B being a 3.75 acre tract in the name of Alice Dunn, both tracts located on the south side of UpRiver Road east of Souther' Minerals Road. Assistant City•Manager Utter informed the Council that both the Planning Staff and the Planning Commission recommend approval and that in response to the notices of the public hearing, one in favor and none in opposition had been returned. No one 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 Kennedy that the zoning of "I-2" be approved for Application No. C282-6; seconded by Council Member Zarsky; and passed unanimously. ********* Mayor Jones called again for petitions or information from the audience oh matters not scheduled on the agenda. Mr. Edgar Moore, Developer, informed the Council that he and Mr. Ewing are planning to develop a subdivision called "Sugar Creek", which will contain paved alleys. Mr. Moore stated that he would like for the Council to consider requesting the Planning Commission to recommend an amendment to the Platting Ordinance to allow a 20' setback rather than the required 25' setback under ,utes regular Council Meeting March 10, 1982 Page 19 c3rtain conditions, such as when paved alleys are located at the rear of the property and no driveways are located at the front of the property. Mayor Jones inquired if this would require an amendment to the Platting Ordinance and Mr. Moore replied that it would. He stated that their plat is in the process of being approved; their annexation hearing is on the agenda next week; and stated that they would like to have this resolved'as soon as possible. Mayor Jones suggested that City Manager Martin refer this to the Planning Commission for their consideration. ********** City Secretary Read informed the Council that he had before him the five ordinances effecting the zoning approved during the public hearings. He called for the vote on the ordinances and the following were passed: ORDINANCE NO. 16936: 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 N0. 6106, AS AMENDED, UPON APPLICATION OF POINTE ONE DEVELOPMENT BY GRANTING A SPECIAL COUNCIL PERMIT FOR THE BUILDING OF CONDOMINIUM DWELLINGS ON LATS 1, 2 AND 3, BLOCK 2, EDGEWATER TERRACE, SITUATED IN CORPUS CHRISTI, NUECES COUNTY TEXAS, AS MORE PARTICULARLY DESCRIBED IN THE SITE PLAN, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A", AND SUBJECT TO THE CONDITIONS SET FORTH HEREINAFTER: 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, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16937: 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 N0. 6106, AS AMENDED, UPON APPLICATION OF CITY OF CORPUS CHRISTI BY AMENDING THE ZONING MAP BY CHANGING THE ZONING ON TRACT A, IN THE NAME OF N. H. RANSLEBEN, AND TRACT B, IN THE NAME OF ALICE DUNN, 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 EMERGENC. The Charter Rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE N0. 16938: 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 OI)INANCE 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 1.8 ACRES OUT OF THE HUMPHREY TRACT SITUATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, FROM "R -1B" ONE FAMILY DWELLING DISTRICT TO "I-2" LIGHT INDUSTRIAL DISTRICT Minutes Regular Council Meeting March 10, 1982 Page 20 The Charter Rule was suspended and the foregoing ordinance passed by thy following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ORDINANCE NO. 16939: 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 THF ORDINANCE AND RESOLUTION RECORDS, AS AMENDED FROM TIME TO TIME AND PARTICULARLI 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 TRACT A, A 3.37 -ACRE TRACT IN THE NAME OF GUNDERLAND MARINE SUPPLY, AND TRACT B, A .69 ACRE TRACT IN THE NAME OF SUN OIL PIPELINE COMPANY, 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 ORDINANCE: IN CONFLICT HEREWITH; AND DECLARING AN EMERGENCY. The Charter rule was suspended and the foregoing ordinance passed by the following vote: Jones, Gulley, Hawkins, Kennedy and Zarsky voting, "Aye"; Turner and Dumphy, absent. ********** There being no further business to come before the Council, on motion b} Council Member Gulley, seconded by Council Member Zarsky, and passec: unanimously, the Regular Council Meeting was adjourned at 4:05 p.m., March 10, 1982.